Agenda packet — Monterey City Council, May 17, 2022

Council Chamber, 580 Pacific
St., and Zoom Teleconference
Monterey, California
City Council Agenda
Council Regular Meeting
Tuesday, May 17, 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 strongly 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):
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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. Annual Member Agency Update from Central Coast Community Energy (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)
5/17/2022 4:00:00 PM
2 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

2. May 3, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)
Ordinances
ORDINANCES are legislative acts by the Council, are the most permanent and binding type of Council action as they modify the City Code, and may be replaced only by a subsequent ordinance. An ordinance requires legal advertisement when introduced, and two readings at separate Council meetings. An ordinance is considered "passed to print" when approved for a second reading, and is "passed and adopted" when given final approval by the Council.

3. 2nd Reading of an Ordinance Amending Monterey City Code Chapter 38 Section 38-15 to Establish a Bicycle/Equipment Rentals Use Classification and Section 38- 44 to Add Bicycle/Equipment Rentals as a Principally Permitted Use in the Open Space Zoning District; Applicants Mark Marquez and Joaquin Sullivan; Exempt from CEQA per Article 19, Section 15305, Class 5
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."

4. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period May 21, 2022 through June 17, 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)

5. Amend Resolution 20-173 Awarding Contracts for the Purchase of the Adaptive Traffic Control System, Traffic Signal Cabinets and Related Equipment for the Citywide Traffic Signal Adaptive System Project (Exempt from CEQA Article 19, Section 15301, Class 1)
5/17/2022 4:00:00 PM
3 6. Adopt the Annual Reports and Approve Resolutions to Set a Public Hearing Date to Levy the Annual Assessment for the Cannery Row Business Improvement District, the New Monterey Business Improvement District, and the North Fremont Business Improvement District (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

7. Identify the Rehabilitation of Beach Way as the Project to be Funded by SB 1: The Road Repair and Accountability Act (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)

8. Receive Alvarado Street Maintenance District 85-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)

9. Receive Calle Principal Street Maintenance District 00-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)

10. Amend Resolution 21-071 Changing the Position Control List by Adding One Overfill Human Resources Director Position in the Human Resources Department and Adding One Overfill Public Works Director Position in the Public Works Department through July 15, 2022. (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

11. Award Professional Services Contract for Independent Audit Services to Eide Bailly, LLP and Authorize the City Manager to Execute the Agreement. (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Other

12. Rescind the 2007 4th of July Lawn Party Vendor Rules and Regulations (Not a project under CEQA 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).)

13. Authorize the City Manager to Execute an Economic Incentive Agreement with Lakshmi Hotel Partners Inc. in an Amount Not to Exceed $550,000 or 2% of the Total Project Cost for Construction of a New 42 Room Hotel to be Located at 2101 North Fremont Street For a Period to not Exceed Seven Years and Presentation of an Economic Development Subsidy Report Pursuant to Government Code Section 53083 Regarding the Proposed Economic Incentive (EIR will be Prepared for the Project)
5/17/2022 4:00:00 PM
4 *** Adjourn to Closed Session (See additional agenda) *** RECESS 5:30 p.m.

RECONVENE
*** 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)

14. Recognize National Public Works Week 2022 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

PUBLIC APPEARANCE (EVE)
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.

15. Receive Report and Provide Direction on Negotiations with Selected Affordable Housing Developers for 417 Figueroa Street, 442 Adams Street, 438 Calle Principal, 424 and 450 Madison Street, and 587 and 593 Van Buren Street (Exempt from CEQA per Article 20, Section 15378)

16. Primer on the Fiscal Year 2022-23 Budget (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

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). 5/17/2022 4:00:00 PM
5 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.
*** Adjourn to Closed Session (See additional agenda) *** Council will adjourn to closed session no later than 5:00 p.m.

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: Nat Rojanasathira, Assistant City Manager
SUBJECT: Annual Member Agency Update from Central Coast Community Energy (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council receive an annual member agency update from Central Coast Community Energy.

VALUE DRIVER:

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

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.

DESCRIPTION:

Central Coast Community Energy (3CE) is the region’s Community Choice Aggregation (CCA) electricity provider, serving over 30 municipalities in Monterey, Santa Cruz, San Benito, San Luis Obispo, and Santa Barbara counties. 3CE is the new name for the entity formerly known as Monterey Bay Community Power (MBCP). Headquartered in Monterey, 3CE offers renewable energy choices to residential and commercial customers, with electricity transmission provided by Pacific Gas & Electric (PG&E). 3CE is the largest geographical CCA provider in California and has 94% enrollment in the region.

Date: 5/17/2022
Item No.: 1.

Council Regular Meeting, 5/17/2022, Item No. 1., Item Page 1, Packet Page 6 The City of Monterey is represented on the 3CE Board of Directors through a shared board seat with the cities of Carmel and Pacific Grove. The City of Pacific Grove is currently representing the peninsula cities on the Board.

At its meeting on May 17, 2022, the Monterey City Council will receive an annual member update presentation from 3CE.

Attachment: Presentation from 3CE
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, 5/17/2022, Item No. 1., Item Page 2, Packet Page 7 4/29/2022
1 Annual Member Agency
Update
City of Monterey
May 17, 2022

ATTACHMENT
Council Regular Meeting, 5/17/2022, Item No. 1., Item Page 3, Packet Page 8 4/29/2022
2 How Does CCA Work?
“A Partnership to support shared customers” WHO WE ARE?

ATTACHMENT
Council Regular Meeting, 5/17/2022, Item No. 1., Item Page 4, Packet Page 9 4/29/2022
3 CCCE GOVERNANCE
Policy Board: Meets 4 Times Annually including Annual Meeting Operations Board: Meets 10 Times Annually including Annual Meeting Community Advisory Council: Meets 7 Times Annually including Annual Meeting County of
Santa Cruz
County of
Santa Cruz
City of Santa
Cruz
City of Santa
Cruz
City of
Watsonville
County of
Monterey
City of
Salinas
County of
San Benito
County of
San Benito
County of
Santa
Barbara
County of
Santa
Barbara
City of Santa
Maria
City of Santa
Maria
County of
Santa Cruz
City of Santa
Cruz
City of
Watsonville
County of
Monterey
City of
Salinas
County of
San Benito
County of
Santa
Barbara
City of Santa
Maria
Coastal
Cities
Marina
Sand City*
Seaside
Del Rey
Oaks
Coastal
Cities
Marina
Sand City*
Seaside
Del Rey
Oaks
Peninsula
Cities
Carmel
Monterey
Pacific*
Grove
Salinas
Cities
Greenfield
Gonzales
Soledad*
Salinas
Cities
Greenfield
Gonzales
Soledad*
San Benito
Cities
Hollister*
San Juan
Bautista
San Benito
Cities
Hollister*
San Juan
Bautista
Santa Cruz
Cities
Capitola*
Scotts
Valley
Santa Cruz
Cities
Capitola*
Scotts
Valley
San Luis
Obispo
Cities
San Luis
Obispo*
Morro Bay
Paso Robles
San Luis
Obispo
Cities
San Luis
Obispo*
Morro Bay
Paso Robles
South
County
Cities
Arroyo
Grande
Grover
Beach
Pismo*
Beach
South
County
Cities
Arroyo
Grande
Grover
Beach
Pismo*
Beach
SB County
Cities
Guadalupe
Solvang*
Buellton
SB County
Cities
Guadalupe
Solvang*
Buellton
SB County
Cities
Goleta
Carpinteria*
SB County
Cities
Goleta
Carpinteria*
Coastal
Cities
Marina
Sand City*
Seaside
Del Rey
Oaks
Peninsula
Cities
Carmel
Monterey
Pacific*
Grove
Salinas
Cities
Greenfield
Gonzales
Soledad*
San Benito
Cities
Hollister*
San Juan
Bautista
Santa Cruz
Cities
Capitola*
Scotts
Valley
San Luis
Obispo
Cities
San Luis
Obispo*
Morro Bay
Paso Robles
South
County
Cities
Arroyo
Grande
Grover
Beach
Pismo*
Beach
SB County
Cities
Guadalupe
Solvang*
Buellton
SB County
Cities
Goleta
Carpinteria*
*City representative currently serving in a shared seat. CCCE Accomplishments Local Choice
• 3Cchoice-clean and renewable offering
• 94% enrollment
• Largest CCA service area
Economic Vitality
• $27 million – Energy programs
• Est. $50 million – Customer savings
• $25 million – Resiliency Fund
Local Support
• $1 million in Local Vendor Contracts
• 38 full time employees
• 2 offices – Monterey & San Luis Obispo
Clean Energy
• 889 MWs of Renewables – solar, wind,
geothermal
• 261 MWs of battery storage
• Pathway to 100% clean and renewable
Financial Stability
• Received “A” Rating from S&P
• Over $140 Million in Rate Stabilization
Fund
• Service and Loans Paid Off

ATTACHMENT
Council Regular Meeting, 5/17/2022, Item No. 1., Item Page 5, Packet Page 10 4/29/2022
4 Photo Credit: 2020 Rutgers, The State University of New Jersey

FAST TRACKING NEW ENERGY DEVELOPMENT
Cost of Service (COS) Rate Design
These projects will serve about 61% of CCCE’s retail load when all are online, expected in 2025.
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
CCCE Long‐term (LT) Contracting Status as a % of Retail Load 3CE Executed PPA % State RPS Requirement %
State RPS LT Contracting Requirement % 3CE's Procurement Policy % CCCE's Executed Contract Summary
Project Type Count Gen Capacity (MW) Storage Capacity
(MW)
Solar + Storage PPAs 9 633 201
Solar Only PPAs 1 150
Wind PPAs 1 33
Geothermal PPAs 2 73
RA Only Agreement 1 60
14 889 261

ATTACHMENT
Council Regular Meeting, 5/17/2022, Item No. 1., Item Page 6, Packet Page 11 4/29/2022
5 CCCE COMMITMENT TO RENEWABLE

PROCUREMENT
• contracted for approximately $1 billion in long term solar plus storage contracts since 2018
• shortlisted 7 local projects through its local renewables RFP • Joined other CCAs to advance long duration storage RFP to support grid reliability through existing and new technologies • issued an RFQ for up to 100MW of front of the meter battery storage, with the potential to island projects for increased resiliency
CCCE HISTORIC RATES & COVID-19

RESPONSE
2018
3% rebate
2019
5% rebate
Jan – April
2020
7% monthly
discount
May &
June 2020
50% Bill
Reduction
July 2020 –
Feb 2022
2%
discount

ATTACHMENT
Council Regular Meeting, 5/17/2022, Item No. 1., Item Page 7, Packet Page 12 4/29/2022
6 Long‐term rate adoption increases predictability and rate stability Customer choices and transparency improve with simplified customer classes
New rates increase customer rate equity throughout customer segments
New rate structure maintains competitive rates across all customer segments
https://3cenergy.org/2022‐energy‐choices/
GOALS OF 2022 CCCE SERVICE OFFERINGS
City of Monterey
(95.89% Enrollment)
• 14,669 Enrolled Customers
• 12,008 Residential
• 2,628 Commercial

ENERGY PROGRAM FUNDS
• Electrify Your Ride $79,460

ATTACHMENT
Council Regular Meeting, 5/17/2022, Item No. 1., Item Page 8, Packet Page 13 4/29/2022
7 APPROVED APPROACH TO RATE DESIGN
Cost of Service (COS) Rate Design

1. Estimate the total cost necessary to serve all 3CE customers • Power procurement
• Energy Programs
• Rate stabilization fund
• Administrative costs

2. Create simple, easily understood customer classes based on size and usage profile

3. Allocate total cost across customer classes

4. Adjust allocations so each class will save a minimum of 1% relative to PG&E

5. Design rates for each customer class to recover costs allocated to that class

6. Rates will go live effective March 1, 2022 for customers within PG&E’s service territory
Overview:
• $1.3 million in FY 18/19
• $5.4 million in FY 19/20
• $6.2 million in FY 20/21
• Estimated $14.1 million in FY
21/22
• 4% of operating revenue in FY
21/22
Electrification in building and
transportation sectors could
result in $3 billion of
untapped revenue market
wide
CCCE Energy Programs
14 FY 21/22 Energy Programs
Electrify Your Ride - $2.8 million – NOVEMBER 2021
School Bus Electrification - $1 million - OCTOBER 2021
Agriculture Electrification - $600k - OCTOBER 2021
Residential Electrification - $1.6 million
New Construction Electrification - $1.5 million – OCYOBER 2021 Reach Code - $60k
Battery Energy Storage Pilot - $350k
Summer Readiness - $400k
Energy Education, Workforce Development and Innovation Grants - $1 million
Greenhouse Gas Inventory - $64k

ATTACHMENT
Council Regular Meeting, 5/17/2022, Item No. 1., Item Page 9, Packet Page 14 4/29/2022
8 September 30, 2021
COMING MID-NOVEMBER 2021
New and expanded Electrify Your Ride program will incentivize EV's, EV Chargers AND Electric Bikes with our largest energy program budget to date!
Planning and Implementation
• Funding for planning and implementation projects related to electrification • Intended for member agencies to electrify their vehicle fleets, municipal properties, and the community infrastructure that serves households and businesses.

Innovation
• Funding to deploy new and innovative electrification or other clean energyrelated technology for municipal or community buildings and/or fleets. • Intended to foster market transformation, demonstrate scalable and replicable solutions, and identify potential future CCCE energy program concepts.

Electrification and Innovation Grant Program

ATTACHMENT
Council Regular Meeting, 5/17/2022, Item No. 1., Item Page 10, Packet Page 15 4/29/2022
9 Locally Sited Front of the Meter
Distributed Energy Storage Projects
Benefits
• Rate Stability reduced energy cost & reduced RA cost
• Grid Stability local power supply, critical period imports reduced => fewer outages
• Grid services balance power flows
• Reduced GHGs evening dispatch of day-time “solar” electrons • Local jobs building and maintaining facilities
• Potential “microgrid” islanding => resiliency
Medium and Heavy-Duty Vehicle Electrification
Program
• Intended to support the electrification of Member Agency medium and heavy-duty fleet vehicles
• Potential applications include street sweepers, refuse trucks, dump trucks, and first response vehicles
• CCCE will reserve funds for qualifying projects and funds will be dispersed once purchases and/or projects are completed
• Intended to work in coordination with city/county purchasing schedules and policies
• Incentives likely to be tied to increased cost of electric models from standard internal combustion options

ATTACHMENT
Council Regular Meeting, 5/17/2022, Item No. 1., Item Page 11, Packet Page 16 4/29/2022
10 LOCAL OUTREACH & ENGAGEMENT
Farm Worker Outreach
•10 Farm Worker Outreach events in 2021
•Sponsoring La Tri-Color & La Ley radio stations events •Educate on CCCE services & programs in person
Underserved Community Outreach
•Presentations to stakeholders & organizations
•Latino Elder Outreach Network
•Promotores
•Lideres Campensinas
•Mexican Consulate
•Public Engagement Team & Community Advisory Council
created a committee to improve outreach to;
•Low-income, food insecure, renters, senior citizens w/ fixed income, tribal & migrant indigenous communities

ATTACHMENT
Council Regular Meeting, 5/17/2022, Item No. 1., Item Page 12, Packet Page 17 4/29/2022
11 Billing Usage Services Programs
1 2 3 4
How it works
Download digital
copies of your
energy bills and
view your CCCE
monthly
generation
charges
Monitor your
usage and costs
at different
intervals
Self-service tools
to opt your
accounts up to our
100% renewable
energy offering,
3CPrime
Find information on
energy programs for
eligible residential
customers.

Vendor Registry

ATTACHMENT
Council Regular Meeting, 5/17/2022, Item No. 1., Item Page 13, Packet Page 18 4/29/2022
12 A Unified Central Coast
CCA
Key Updates :
• Adopted Cost of Service rate structure to achieve
agency goals
• Working with CCCE member agencies on regulatory
and legislative matters that ensure customer fairness
and equal access to resources
• Pathway to achieve 100% clean and renewable
energy by 2030
• Leveraging Community Advisory Council for
outreach and non-voting seat participation on
Operations & Policy Boards
• Engaging with the community around development
of future programs
• Enrollment of over 140k customers in 2021 & 2022
across 12 communities
Stay Connected with CCCE
Follow us online, join our newsletter and board agenda notification list, and check our extensive FAQ section on the website.
www.3Cenergy.org
[email protected]

1.888.909.6227
@3CEnergy
@3CEnergy
@3CEnergyEnEspanol

ATTACHMENT
Council Regular Meeting, 5/17/2022, Item No. 1., Item Page 14, Packet Page 19

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF MONTEREY
Tuesday, May 3, 2022
4:00 PM 7:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST., AND ZOOM TELECONFERENCE

MONTEREY, CALIFORNIA
Councilmembers

Present: Albert, Haffa*, Smith, Williamson, Roberson*

Absent: None
* Attended remotely by teleconference
City Staff

Present:

City Manager, City Attorney, Community Development Director, Public Works Director, Police Chief, Parks and Recreation Director, Finance Director, Fire Chief, City Clerk, Property Manager, Associate Planner, Police Lieutenant, Associate Planner
***Afternoon Session Agenda ***

CALL TO ORDER
This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act, Calif. Government Code section 54953(e)(1)(C) and Resolution No. 22-028 C.S.

Mayor Roberson called the meeting to order at 4:00 p.m. City Clerk Klein explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance.

Mayor Roberson introduced the Council, who attended with a combination of in-person and teleconference attendance as highlighted above.

PRESENTATIONS

1. Overview of Casa de Noche Buena on its First Anniversary (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Received presentation
Robin McCrae, Community Human Services, and Staci Alziebler-Perkins, Gathering for Women, gave the presentation on the first year of the Casa de Noche Buena shelter, and answered Councilmembers' questions.

Public comment was not received.

PUBLIC COMMENTS
Public comment on non-agendized matters was not received.

CONSENT ITEMS
Public comment on the Consent Items was not received.

Date: 5/17/2022
Item No.: 2.

Council Regular Meeting, 5/17/2022, Item No. 2., Item Page 1, Packet Page 20 City Council Minutes May 3, 2022
2 On a motion by Councilmember Williamson, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS:

2. April 19, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)
Action: Approved
Ordinances

3. 2nd Reading - 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) Action: Adopted Ordinance No. 3649 C.S.

Resolutions

4. Authorize Professional Services Agreements with Architectural Resources Group, Inc.; Dudek; and Page & Turnbull, Inc. for a not to exceed amount of $200,000 Each, to Provide On-Call Cultural Resource Preservation Services (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 22-044 C.S.

5. Authorize Professional Services Agreements with Denise Duffy and Associates, Inc.; Dudek; Dyett & Bhatia, Urban and Regional Planners; EMC Planning Group, Inc.; Economic & Planning Systems, Inc.; and Rincon Consultants, Inc. for a not to exceed amount of $700,000 each for On-Call Housing, Planning, Economic, and Environmental Services (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-045 C.S.

6. Authorize Professional Services Agreement with Columbia Telecommunications Corporation (CTC Technology & Energy) for a Not to Exceed Amount of $200,000, to Provide Engineering Services 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)
Action: Adopted Resolution No. 22-046 C.S.

7. Approve the Annual Contribution for FY 2021/2022 to the Fisherman's Wharf Association in the Amount of $25,607 (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 22-047 C.S.

8. Notice of Intent to Terminate Revenue Sharing with the City of Pacific Grove for 300 David Avenue, Monterey, Effective July 1, 2022 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Council Regular Meeting, 5/17/2022, Item No. 2., Item Page 2, Packet Page 21 City Council Minutes May 3, 2022
3 Action: Adopted Resolution No. 22-048 C.S.

9. Notice of Intent to Terminate Revenue Sharing with the City of Pacific Grove for 902 Lighthouse Avenue, Monterey, Effective July 1, 2022 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 22-049 C.S.
*** End of Consent Agenda ***

PUBLIC APPEARANCE

10. 2nd Reading 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) Action: Adopted Ordinance No. 3650 C.S.

Senior Associate Planner Schmidt gave a brief verbal presentation and answered Councilmembers' questions.

Public comment was not received.

On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Ordinance No. 3650 C.S. 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 2:

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 4:35 p.m.

RECESS
The Council recessed at approximately 5:20 p.m.

RECONVENE
The Council reconvened at 7:00 p.m. City Clerk Klein explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance. She called the roll with the Council present with a combination of in-person and teleconference attendance as highlighted above.
*** Evening Session Agenda ***

PLEDGE OF ALLEGIANCE
Council Regular Meeting, 5/17/2022, Item No. 2., Item Page 3, Packet Page 22 City Council Minutes May 3, 2022
4 Mayor Roberson led the Pledge.

CONTINUED PUBLIC COMMENTS
Public comment on non-agendized matters was received from Lance Koehler and Christina Riddoch.

ANNOUNCEMENTS FROM CLOSED SESSION
City Clerk Klein announced:
cs1. Conference with Legal Counsel, Existing Litigation pursuant to Government Code section 54956.9(d)(1) City of Arcata, et al (incl. City of Monterey) v. Pacific Gas & Electric Company (San Francisco Superior Court Case No. CCC-20-585483) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a unaninous roll call vote, the Council gave confidential direction to legal counsel
cs 2. Public Employee Performance Evaluation Pursuant Government Code Section 54957(b)(1): City Attorney (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: No reportable action taken
cs 3. 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: No reportable action taken

PUBLIC HEARING (EVE)

11. 1st Reading by Title Only of an Ordinance to Amend Monterey City Code Chapter 38 Section 38-15 to Establish a Bicycle/Equipment Rentals Use Classification and Section 38-44 to Add Bicycle/Equipment Rentals as a Principally Permitted Use in the Open Space Zoning District and Adopt Resolutions Amending the Lighthouse Specific Plan and the Downtown Specific Plan to Allow Bicycle/Equipment Rentals as a Principally Permitted Use; Applicants Mark Marquez and Joaquin Sullivan; Exempt from CEQA per Article 19, Section 15305, Class 5 Action: Adopted Resolution Nos. 22-050 and 22-051 C.S.; Waived First Reading and Passed Ordinance to Print; All as Amended to Permit Rentals of Class 1 and Class 2 Bicycles
Associate Planner Buggert gave the staff presentation and answered Councilmembers' questions.

Public comment was not received.

The Council discussed the matter. Questions were raised regarding Class 1 and 2 bicycles and their relative safety with regard to throttles, speed, and the Recreational Trail ("Rec Trail"). It was stated that it could be too restrictive not to allow Class 3 bicycles to be rented and ridden elsewhere in the area besides the Rec Trail. On question, Community Development Director Council Regular Meeting, 5/17/2022, Item No. 2., Item Page 4, Packet Page 23 City Council Minutes May 3, 2022
5 Cole explained that the Planning Commission heard public feedback about concerns relating to Rec Trail safety, and made a more conservative recommendation.

Concern was stated about limiting the opportunity for alternative modes of transportation. It was stated that the issue of Class 3 bicycles on the Rec Trail is a separate safety issue.

A motion was introduced by Councilmember Haffa, and seconded by Councilmember Albert, to adopt Resolutions No. 22-050 and 22-051 C.S., and waive further reading and pass to print the Ordinance to Amend Monterey City Code Chapter 38, all as amended to Permit Rentals of Class 1 and Class 2 Bicycles.

City Manager Uslar stated that the bicycle rental companies are self-policing and already renting Class 1 and Class 2 bicycles. He said it would be important to be mindful of past efforts to have electric bicycles removed from the Rec Trail due to safety issues.

It was requested by Council for staff to come back at the second reading with more information about the different classes of bicycles and whether any bicycle rental shops are renting Class 3 bicycles. It was stated that there is an opportunity for the City can support increased bicycle paths. It was stated that this matter posed an opportunity to add language stating that Class 3 is strictly restricted and not allowed on the Rec Trail. It was stated that the City should also look at other motorized modes of travel and related safety issues on the Rec Trail.

The motion carried by the following roll-call vote:

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

COUNCIL COMMENTS
Councilmember Albert reported on his recent attendance at the Monterey Peninsula Chamber of Commerce awards dinner. He praised Deneen Guss, Monterey County Office of Education Superintendent, who he said received the Public Official of the Year award. He said that he is hearing from the community about a few upcoming budget proposals. He said that Monterey Regional Waste Management District approved a fee increase for haulers due to additional costs incurred by compliance with SB 1383.

Councilmember Haffa shared that he participates in a program through an app called Litterati that documents trash, and said that the data could help the City to mitigate issues and develop new policies.

Councilmember Williamson reported that he attended the recent National Association for the Advancement of Colored People (NAACP) banquet. He reported on Monterey One Water (M1W)'s receipt of the City of Monterey's letter and requests, saying that M1W staff felt uncomfortable giving specifics of water supply and allocation, because it is tied up with State Water Resources Control Board (SWRCB) processes, but said there was an agreement that they could provide timeframes with regards to the Pure Water Monterey expansion project. He stated that the M1W Board did not feel comfortable with the second request in the letter, regarding expressing support for asking the SWRCB to lift the cease and desist order. He said that M1W has hired consultants to help with federal state and local legislative advocacy efforts, Council Regular Meeting, 5/17/2022, Item No. 2., Item Page 5, Packet Page 24 City Council Minutes May 3, 2022
6 and that he hoped the region could work together to pursue funding that is only available to municipalities.

Councilmember Smith reported on teaching a Monterey County Hospitality Association training on campus at CSUMB. He reported that Transportation Agency for Monterey County (TAMC) has received historic handrail applications and City of Marina staff is assisting with considering the applications. He said that there had been a newspaper article about the Osio Theater and said it was worth watching what happens He praised Monterey Police Department for their recent work leading to a homicide arrest.

Mayor Roberson reported from the Monterey Peninsula Water Management District and said that the COVID-19 era policy allowing outdoor restaurant seating without additional water credits has been extended for one year. He reported that a State Senate bill seeks to reduce the statewide water conservation standard.

CITY MANAGER REPORTS
None made

ADJOURNMENT
The Council adjourned at 8:12 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
City Clerk Mayor
Council Regular Meeting, 5/17/2022, Item No. 2., Item Page 6, Packet Page 25 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared by: Matthew Buggert, Associate Planner
SUBJECT: 2
nd Reading of an Ordinance Amending Monterey City Code Chapter 38 Section 38-15 to Establish a Bicycle/Equipment Rentals Use Classification and Section 38-44 to Add Bicycle/Equipment Rentals as a Principally Permitted Use in the Open Space Zoning District; Applicants Mark Marquez and Joaquin Sullivan; Exempt from CEQA per Article 19, Section 15305, Class 5 RECOMMENDATION:

That the City Council amend Monterey City Code (MCC) sections 38-15 and 38-44to add bicycle/equipment rentals as a principally permitted land use.

VALUE DRIVER:

Expand opportunities for people of all ages and abilities to bike and walk safely through active transportation, accessibility, and safety initiatives.

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:

Approval of a use permit would not be required for bicycle/equipment rentals in an Open Space zone. The definition of bicycle/equipment rentals specifically excludes Class 3 electric bicycles as defined by California Vehicle Code section 312.5.

FISCAL IMPLICATIONS:

There are no direct fiscal implications to or from the City through approval of the amendments.

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15305, Class 5) because the project consists of a zoning ordinance and specific plan amendments to allow bicycle/equipment rentals in zones with existing recreational uses or developed commercial areas, which would not result in any changes in density or traffic patterns. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Council Regular Meeting, 5/17/2022, Item No. 3., Item Page 1, Packet Page 26 considered to apply in all instances, except where the project may impact 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 environment is not particularly sensitive because bicycle/equipment rentals would occur from existing buildings. If a new building was proposed, it would undergo its own environmental review.

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 would occur because allowing limited bicycle/equipment rentals from existing developed property would not result in any changes in density or traffic patterns.

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. There are no unusual circumstances with this project due to its limited scope. 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 project is purely a zoning amendment, which would not damage scenic resources. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

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 project is purely a zoning amendment. Therefore, impacts to hazardous waste sites would not occur. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

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 project is purely a zoning amendment. Therefore, impacts to historic resources would not occur as existing buildings are re-utilized for a new purpose. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The purpose of the meeting is to consider the application for proposed amendments regarding bicycle/equipment rentals.

DISCUSSION:

On May 3, 2022, the City Council considered bicycle-related amendments to the Open Space zoning district, Lighthouse Specific Plan, and Downtown Specific Plan. The Council requested Council Regular Meeting, 5/17/2022, Item No. 3., Item Page 2, Packet Page 27 staff to provide additional information regarding the use of bicycles and electric bicycles in the City and nearby recreation areas. This report includes additional information regarding (a) electric bicycle definitions, (b) where the types of bikes can be ridden in the City, (c) information on Fort Ord bicycle riding allowances, and (d) existing bicycle rental types in the City.

Electric Bicycle Definitions
California Vehicle Code section 312.5 defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts. In California, electric bicycles are required to display a prominent label that describes the classification number, top assisted speed, and motor wattage of the electric bicycle. Electric bicycles are further subdivided into Class 1, Class 2, and Class 3 bicycles, as defined below.  Class 1 “Low-speed pedal-assisted electric bicycle”: A bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.  Class 2 “Low-speed throttle-assisted electric bicycle”: A bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.  Class 3 “Speed pedal-assisted electric bicycle”: A bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.

Class 3 electric bicycles are prohibited from use on Class I or Class IV bikeways, which includes the Monterey Bay Coastal Recreational Trail and the North Fremont Median Bike Lanes.

Bikeway transportation facility classifications include Class I, Class II, Class III, and Class IV bikeways. Class I bikeways are shared-use and separated from main roadways, and includes the Monterey Recreational Trail. Class IV bikeways are similarly separated from main roadways though are exclusively intended for use by bicycles, and includes the North Fremont Median Bike Lanes. Pamphlets with this information are currently distributed to bicycle rental businesses within the City.

Existing Electric Bicycles in the City
The existing bicycle shops in the City only rent Class 1 and Class 2 bicycles. There are no shops contacted or visited who were renting Class 3 electric bicycles.

Riding Locations
The City contains various types of bikeways, and continues to expand its bikeways to the nearby jurisdictions and regional bikeway network. The follow maps depict existing and proposed bikeways within and adjacent to the City. The maps are from 2016, and some routes have been constructed since that time.

Council Regular Meeting, 5/17/2022, Item No. 3., Item Page 3, Packet Page 28 The Class IV route along North Fremont is not designated within this color coding, however, the green Class I routes are visible throughout the region, particularly along Munras Avenue and the Recreation Trail within the City. The blue Class II and red Class III routes would carry all types of bicycles, both “regular” and electric.

Council Regular Meeting, 5/17/2022, Item No. 3., Item Page 4, Packet Page 29 The Transportation Agency for Monterey County (TAMC) has also prepared maps depicting overall connectivity, included below. These maps do not differentiate between the different types of bikeway classifications, however, provides a perspective of potential long-term connectivity.

Fort Ord National Monument Riding Allowances
The Bureau of Land Management (BLM) originally classified all-electric bicycles as “motorized vehicles”, which meant that all-electric bicycles were prohibited from operating on the nonmotorized park roads and trails. The BLM is currently in the process of modifying these regulations and issued a 2020 ruling to amend 43 CFR 8340.0-5 to address this in the meantime.

The 2020 BLM ruling granted local officials the option for a blanket exemption for riders to operate pedal-assist electric bicycles on the site’s roads and trails that are also open to traditional bicycles, which is in place at Fort Ord National Monument. Class 2 electric bicycles (throttle operated), are required to be pedaled when being used on the site’s roads and trails that are closed to vehicles. Effectively, Fort Ord National Monument currently allows all types of electric bicycles on all areas open to traditional bicycles.

The BLM made the 2020 ruling due to the intent that, “The public lands should be accessible to as many Americans as possible, including people who use e-bikes. E-bikes help make public lands more accessible to more people.”
Conclusion
Staff’s recommendation is approval of the proposed ordinance amendments.

Council Regular Meeting, 5/17/2022, Item No. 3., Item Page 5, Packet Page 30 KC/MB
Attachments: 1. Ordinance Amending Monterey City Code Section 38-15 to Establish a Bicycle/Equipment Rentals Use Classification and Section 38-44 to Add Bicycle/Equipment Rentals as a Principally Permitted Use in the O District e: Project Applicant, Mark Marquez
Project Applicant, Joaquin Sullivan
Michelle Knight
Kyle Wareham, Adventures by the Sea
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, 5/17/2022, Item No. 3., Item Page 6, Packet Page 31 ORDINANCE NO. ____ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22
AMENDING MONTEREY CITY CODE SECTION 38-15 TO ESTABLISH A BICYCLE/EQUIPMENT RENTALS USE CLASSIFICATION AND SECTION 38-44 TO ADD

BICYCLE/EQUIPMENT RENTALS AS A PRINCIPALLY PERMITTED USE IN THE O

DISTRICT
THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:

SECTION 1:

WHEREAS, Bicycle/Equipment Rentals, as defined below, is a recreational use that fits well with the Open Space District objectives;
WHEREAS, the purpose of the Open Space Zoning District is to provide a suitable classification for large public or private sites permanently designated for open space use or currently in an open space use, and to protect public health and safety by limiting lands subject to flooding, slides, or other hazards to open space use; WHEREAS, the ordinance amendments would facilitate access to the City’s existing open space areas and trails via the use of bicycles. The ordinance would provide another form of recreation for those that currently use the City’s open space areas, and enable those that cannot or will not own a bike to rent a bike and use the City’s existing open space areas. The ordinance amendments would not increase the area of lands subject to flooding, slides, or other hazards that may affect public health or safety;
WHEREAS, the ordinance is consistent with General Plan Circulation Element goals, policies, and programs, including:

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.

Policy d.1: Build on the success of the Recreation Trail to make walking and bicycling through Monterey safe and enjoyable.

Program d.1.1: Implement and maintain the continuous network of safe and convenient bikeways specified in the City's Bikeways Plan to provide a viable alternative to making short vehicle trips.

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; WHEREAS, expanding access to bicycles in our community would meet our City's General Plan vision of a community that supports multiple transportation choices; Council Regular Meeting, 5/17/2022, Item No. 3., Item Page 7, Packet Page 32 2 WHEREAS, the ordinance would align with the City’s established Vision, Mission, Value Drivers, and Strategic Priorities, including:

Quality of Life Strategic Priority: 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.

Active Mobility Value Driver: Expand opportunities for people of all ages and abilities to bike and walk safely through active transportation, accessibility, and safety features; WHEREAS, the ordinance would align with the City’s Healthy Eating Active Living (HEAL) program, including its intent to reduce and prevent obesity by engaging municipal leaders to champion healthy eating and active living in their communities through adoption of policy and promotion of opportunities for residents and municipal employees; WHEREAS, Bicycle/Equipment Rentals would not create any significant negative impacts to adjacent uses, Open Space Districts, or surrounding residential districts; WHEREAS, the Planning Commission conducted a duly noticed public hearing on March 8, 2022, took public testimony, held a discussion, considered the proposed amendment as a recommendation to the City Council, and directed City staff to consider limitations on higher-speed electric bicycles due to safety concerns and public comment; WHEREAS, electric bicycles are categorized into three general types, including Class 1, 2, and 3. Class 1 provides pedal assistance up to 20 miles per hour; Class 2 provides throttle assistance up to 20 miles per hour, and Class 3 provides pedal assistance up to 28 miles per hour;
WHEREAS, the Planning Commission recommends that Class 2 and Class 3 electric bicycles would not be principally permitted to be rented due to the following reasons. The throttle assist provided by Class 2 electric bicycles would provide a different sensation that may result in unsafe driving on the City’s bikeways that are shared with pedestrians. The higher speed Class 3 electric bicycles are not allowed on the Recreation Trail and renting these types of electric bicycles within the City would result in a higher potential for unsafe riding; WHEREAS, the Planning Commission held a duly noticed public hearing on April 12, 2022, took public testimony, held a discussion, and voted to recommend City Council adoption of the Zoning Ordinance amendment with revisions;
WHEREAS, the City Council does not share the safety concerns held by the Planning Commission with respect to Class 2 bicycles. Cyclists can safely operate Class 2 electric bicycles, and the City Council would like to provide businesses and customers with the opportunity to rent Class 2 bicycles. The City Council finds that principally permitting Class 2 electric bicycle rentals is appropriate and in the best interests of the City as it further expands opportunities for people to use bicycles;
WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15305, Class 5) because the project consists of a zoning ordinance and specific plan amendments to allow bicycle/equipment rentals in zones with existing recreational uses or developed commercial areas, which would not result in any changes in density or traffic patterns. Furthermore, the Council Regular Meeting, 5/17/2022, Item No. 3., Item Page 8, Packet Page 33 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 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 environment is not particularly sensitive because bicycle/equipment rentals would occur from existing buildings. If a new building was proposed, it would undergo its own environmental review.

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 38, Section 15 is hereby amended to read as follows:

Council Regular Meeting, 5/17/2022, Item No. 3., Item Page 9, Packet Page 34 4 38-15 Commercial Use Classifications
OO. Bicycle/Equipment Rentals. Rental of bicycles, electric bicycles, and associated equipment (e.g., helmets, bike gloves, etc.), including storage and repairs. A bicycle is a vehicle with two wheels, propelled by human power through a system of belts, chain, or gears. This definition excludes scooters and quadricycles/surreys. For purposes of this Use Classification, the term “electric bicycle” encompasses Class 1 and Class 2 electric bicycles only, and does not include Class 3 electric bicycles, as these classes are defined under California Vehicle Code section 312.5.

SECTION 4: Monterey City Code, Chapter 38, Section 44 is hereby amended to read as follows:
38-44 O Open Space District

O DISTRICTS LAND USE REGULATIONS
Bicycle/Equipment Rentals P See Note 8
Notes:
8 No parking spaces are required.

SECTION 5: All ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 6: 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 _____, 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, 5/17/2022, Item No. 3., Item Page 10, Packet Page 35 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 May 21, 2022 through June 17, 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 May 21, 2022 through June 17, 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 54953(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: 5/17/2022
Item No.: 4.

Council Regular Meeting, 5/17/2022, Item No. 4., Item Page 1, Packet Page 36 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.

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:

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 May 20, 2022 (the expiration date of Resolution No. 22-028 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 April 19, 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 May 20, 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, 5/17/2022, Item No. 4., Item Page 2, Packet Page 37 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 four lineages of the Omicron variant constituted 99.7% of COVID-19 cases in the United States as of April 23, 2022, as reported by the CDC on May 13, 2022.
 According to Monterey County’s COVID-19 Biweekly Update updated on May 12, 2022, the COVID-19 case rate in Monterey County is 12.4 cases per 100,000 people with a test positivity rate of 4.8% (7-day average for both statistics), with 9 people currently 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 June 17, 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, 5/17/2022, Item No. 4., Item Page 3, Packet Page 38 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 MAY 21 THROUGH JUNE 17, 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, March 23, 2022, and April 19, 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 four lineages of the Omicron variant constituted 99.7% of COVID-19 cases in the United States as of April 23, 2022, as reported by the CDC on May 13, 2022;
WHEREAS, according to Monterey County’s COVID-19 Biweekly Update updated on May 12, 2022, the COVID-19 case rate in Monterey County is 12.4 cases per 100,000 people with a test positivity rate of 4.8% (7-day average for both statistics), with 9 people currently 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.

Because the matter does not cause a direct or any reasonably foreseeable indirect physical Council Regular Meeting, 5/17/2022, Item No. 4., Item Page 4, Packet Page 39 2 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:

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 June 17, 2022.

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, 5/17/2022, Item No. 4., Item Page 5, Packet Page 40 Council
Agenda Report
№08/22
FROM: Steve Wittry, PE, Public Works Director
Prepared By: Andrea Renny, PE, PTOE, City Traffic Engineer SUBJECT: Amend Resolution 20-173 Awarding Contracts for the Purchase of the Adaptive Traffic Control System, Traffic Signal Cabinets and Related Equipment for the Citywide Traffic Signal Adaptive System Project (Exempt from CEQA Article 19, Section 15301, Class 1)
RECOMMENDATION:

That the City Council adopt the attached resolution, amending Resolution 20-173 to approve Amendment 1 to the contract with Western Systems, Inc., for the purchase of the Adaptive Traffic Control System, Traffic Signal Cabinets and Related Equipment for the Citywide Traffic Signal Adaptive System Project, increasing the not-to-exceed fee from $900,000 to $1,450,000.

VALUE DRIVERS:

Expand opportunities for people of all ages and abilities to bike and walk safely through active transportation, accessibility, and safety initiatives.

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

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”, Protecting our Environment – “Continue efforts to reduce greenhouse gas emissions”, Fiscal Stewardship – “Identify and seek grant funding opportunities for City services and infrastructure”, and Active Mobility – “Maintain and repair core street, roadway, and storm drain infrastructure.” This action is also consistent with the General Plan’s Circulation Element 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.” FISCAL IMPLICATIONS:

The Finance Director or designee approved a sole source for Iteris Inc. and Western Systems, Inc. on November 5, 2020. Sole Source for the purchase of the Siemens’ split, cycle and offset optimization technique (SCOOT) Adaptive Traffic Signal Control System was approved by Resolution 16-069 on April 27, 2016.

Project Equipment Expenditure:

Western Systems Contract Amendment 1 (This Authorization) $ 550,000 Date: 5/17/2022
Item No.: 5.

Council Regular Meeting, 5/17/2022, Item No. 5., Item Page 1, Packet Page 41 Available Funding
Regional Surface Transportation Program Competitive Grant – Traffic System, Pedestrian and Bike upgrades Project (CIP2101) $1,172,364 Sufficient funding is available for this authorization.

Staff has applied for competitive grants to fund all of these efforts. Staff has been successful in procuring $1,968,000 in Air District Grant funding and $1,680,000 in Regional Surface Transportation Program Grant, these grants fund these much needed equipment replacements and upgrades, no General Funds are being utilized. General funds are only utilized for regular maintenance.

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the City of Monterey proposes to install Adaptive Traffic Control Systems for the City’s Arterial Street Corridors. The work includes installing new software and new vehicle detection (loops) and might require new conduit runs in the roadway. The purpose is to improve traffic controls to improve safety. These are minor alterations to existing traffic controls in paved areas.

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 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 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 work involves installing new software in existing traffic control boxes and installing conduit runs for vehicle detection underground, which would not be visible. No civil engineering improvements to the roadway are anticipated.

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). Del Monte Avenue and North Fremont Street are not scenic highways. Therefore, impacts to scenic highways will not occur.

Council Regular Meeting, 5/17/2022, Item No. 5., Item Page 2, Packet Page 42 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 project intersections are not 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 project intersections are located in high archaeological sensitivity areas. The project might require new conduit runs in the roadway. However, installing new conduit runs would only require digging previously disturbed ground under pavement where existing runs are already in place. Therefore, impacts to archaeological resources are not anticipated. The project intersections are not historic. Therefore, impacts to historical resources will not occur.

ALTERNATIVES CONSIDERED:

Council could choose not to approve this amendment, however, this would result in the loss of grant funding and the inability to implement the Traffic Signal Adaptive System on the remaining arterials.

DISCUSSION:

Needs Assessment and Procurement Process
Purchasing an Adaptive Traffic Control System (ATCS) does not fit the typical competitive bid process. The traffic management and controller industry is a very specialized field with only a handful of vendors. These vendors typically are the sole manufacturer of the hardware and software, sole providers of technical support, and in many cases the sole manufacturers and providers of other required equipment that is compatible with their system. Thus, the selection of a particular ATCS frequently results in a de facto selection of a system vendor.

After a comprehensive inventory of Traffic Signal Equipment deficiencies, critical needs and necessary upgrades were identified. These contracts are necessary to address these critical upgrades of the City’s traffic signal system to include new controllers at intersections, battery backup systems (power the intersection during power failures), new controller cabinets to replace degrading cabinets, installation of bike detection, upgrading old pedestrian push buttons to Audible Pedestrian Signals and installation of Adaptive Signal System on the remainder arterials that do not currently run the system. These deficiencies will be addressed for all signals in our system.

In order to implement the adaptive system on the remaining corridors, as well as ensuring that traffic signal equipment is replaced in a timely manner, contracts are required so that the signal equipment can be purchased. This includes regular maintenance as well as upgrading the equipment of signals that are not in an adaptive corridor as well.

Adaptive Traffic Control System: Successes in Monterey
ATCS are the latest technology for improving traffic conditions by better synchronizing and controlling traffic signals. ATCSs use vehicle detection and artificial intelligence software to respond accurately and immediately to real-time traffic conditions. This enables the system to progress traffic through a corridor with few or no stops. This results in less fuel consumed and fewer emissions, and improves travel time, quality of life, and safety. It is estimated that by the Council Regular Meeting, 5/17/2022, Item No. 5., Item Page 3, Packet Page 43 time the City has its corridors running on an adaptive system that this will result in a yearly reduction of 20 tons of criteria pollutants (NOx, ROG and PM).

The City of Monterey has implemented ATCS on the following corridors: Lighthouse Avenue, Del Monte Avenue, North Fremont Street, Foam Avenue and Munras Avenue. The next corridors are Pacific Street and Franklin Street. This effort began in 2015 and the City has been successful in funding this effort with Air District Grants, Regional Surface Transportation Program and Measure X. Staff will be presenting the specifics of this system and the progress to date in an upcoming Council Study Session.

ATCS systems have been able to adapt to conditions that were unforeseen such as reduction and changes in traffic patterns during the Shelter in Place order issued due to Covid-19.

Keeping traditional time of day plans current, results in a significant cost in the long run, adaptive systems stay efficient even when traffic conditions change.

On November 17, 2020, Council awarded a contract to Western Systems, Inc. (Reso 20-173) in the amount of $900,000 for the purchase of Adaptive Traffic Control System, Traffic Signal Cabinets and Related Equipment for the Citywide Traffic Signal Adaptive System Project in the amount of $900,000. The current terms expire on May 31, 2026.

The initial not-to-exceed amounts were based on rough estimates of the necessary replacements of failing/outdated equipment to include all controller cabinets, controllers, and the adaptive system itself. Research into our existing signal infrastructure showed that more replacements, upgrades, and fiber communication installations were necessary than what was originally assessed. Contract amendments are necessary to increase the not-to-exceed amount by $550,000.

Therefore, staff recommends that the City Council adopt the attached resolution amending Resolution 20-173 to approve Amendment 1 to the contract with Western Systems, Inc. for the purchase of the Adaptive Traffic Control System, Traffic Signal Cabinets, and Related Equipment for the Citywide Traffic Signal System; increasing the not-to-exceed fee from $900,000 to $1,450,000.

SW/ar
Attachments: 1. Resolution Amending Resolution 20-173
e: Jason Spencer, Western Systems, Inc.]
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, 5/17/2022, Item No. 5., Item Page 4, Packet Page 44 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22
AMEND RESOLUTION 20-173 AWARDING A CONTRACT FOR THE PURCHASE OF THE

ADAPTIVE TRAFFIC CONTROL SYSTEM, TRAFFIC SIGNAL CABINETS AND RELATED

EQUIPMENT FOR THE CITYWIDE TRAFFIC SIGNAL ADAPTIVE SYSTEM PROJECT WHEREAS, adaptive traffic control systems are the latest technology for improving traffic conditions by better synchronizing and controlling traffic signals; WHEREAS, a Sole Source for the purchase of the Siemens’ Split, Cycle and Offset Optimization Technique (SCOOT) Adaptive Traffic Signal Control System was approved by Resolution 16-069 on April 27, 2016 and Western Systems, Inc. was approved as a SCOOT distributor by the Finance Department on November 5, 2020; WHEREAS, on November 17, 2020, Council awarded a contract to Western Systems, Inc. (Reso 20-173) in the amount of $900,000 for the purchase of Adaptive Traffic Control System, Traffic Signal Cabinets and Related Equipment for the Citywide Traffic Signal Adaptive System Project in the amount of $900,000;
WHEREAS, the initial not-to-exceed amounts were based on rough estimates of the necessary replacements of failing/outdated equipment to include all controller cabinets, controllers and the adaptive system itself. Research into our existing signal infrastructure showed that more replacements, upgrades and fiber communication installations were necessary than what was originally assessed. Contract amendments are necessary to increase the not-to-exceed amount by $550,000;
WHEREAS, sufficient funding is available for this authorization in the Regional Surface Transportation Program Competitive Grant – Traffic System, Pedestrian and Bike upgrades Project (CIP2101); and
WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the City of Monterey proposes to install Adaptive Traffic Control Systems for the City’s Arterial Street Corridors. The work includes installing new software and new vehicle detection (loops) and might require new conduit runs in the roadway. The purpose is to improve traffic controls to improve safety. These are minor alterations to existing traffic controls in paved areas. 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 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 Class 1.

Council Regular Meeting, 5/17/2022, Item No. 5., Item Page 5, Packet Page 45 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 work involves installing new software in existing traffic control boxes and installing conduit runs for vehicle detection underground, which would not be visible. No civil engineering improvements to the roadway are anticipated.

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). Del Monte Avenue and North Fremont Street are not scenic highways. Therefore, impacts to scenic highways will 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 project intersections are not 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 project intersections are located in high archaeological sensitivity areas. The project might require new conduit runs in the roadway. However, installing new conduit runs would only require digging previously disturbed ground under pavement where existing runs are already in place. Therefore, impacts to archaeological resources are not anticipated. The project intersections are not historic. Therefore, impacts to historical resources will not occur.

NOW, THEREFORE, BE IT 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.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it amends Resolution 20-173 to authorize the City Manager to execute Amendment 1 to the contract with Western Systems, Inc. for the purchase of the Adaptive Traffic Control System, Traffic Signal Cabinets and Related Equipment for the Citywide Traffic Signal System; increasing the not-to-exceed fee from $900,000 to $1,450,000.

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:

APPROVED:

Council Regular Meeting, 5/17/2022, Item No. 5., Item Page 6, Packet Page 46 3 ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 5/17/2022, Item No. 5., Item Page 7, Packet Page 47 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Chris Schmidt, Senior Associate Planner
SUBJECT: Adopt the Annual Reports and Approve Resolutions to Set a Public Hearing Date to Levy the Annual Assessment for the Cannery Row Business Improvement District, the New Monterey Business Improvement District, and the North Fremont Business Improvement District (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council:

1. Approve each District’s advisory board;

2. Adopt the Annual Reports; and,

3. Approve the attached Resolutions to set a public hearing date of Tuesday, June 7, 2022, to levy the assessment for the 2022/2023 fiscal year.

VALUE DRIVERS:

POLICY IMPLICATIONS:

Business Improvement Districts (BID) provide a mechanism for a business district to collect money and create work programs targeted at their specific needs. These BIDs were formed under the Parking and Business Improvement Area Law of 1989, which authorizes assessments against businesses (collected with business license taxes) to finance improvements and activities to improve specific business areas. Because 1989 Law assessments are not on real property, they are not subject to Proposition 218. BIDs are regulated by the California Streets & Highways Code sections 36500 et seq. There is no intention to make a change to any of the BIDs that would trigger the application of Proposition 26, which places limitations on local government fees. There are no changes proposed to boundaries, work programs, or annual assessments for any of the BIDs.

This action confirms the City’s commitment to its partnership with these business associations.

FISCAL IMPLICATIONS:

The City of Monterey collects the BID assessment as part of the business license collection.

This money is passed directly to the Business District. Each business district has adopted a different assessment rate.

Date: 5/17/2022
Item No.: 6.

Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 1, Packet Page 48 For businesses classified as professional services, the assessment is a 25% surcharge to the business license fee with a cap of $500. The amount of revenue collected annually is approximately $130,000 to $140,000.

The North Fremont BID was established in 2003 and it collects an annual assessment of 25% of the business license fee with a cap of $500. The amount of revenue collected annually is approximately $18,000.

The New Monterey BID was established in 1995 and it collects an annual assessment of 25% of the business license fee with a cap of $250. The amount of revenue collected annually is approximately $14,000.

The Cannery Row BID was established in 2004 and it collects a 100% surcharge on the business license fee of each business up to a maximum assessment of $5,000 per business.

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (Article 20, Section 15378). In addition, CEQA Article 5, 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 and this matter have no potential to cause any effect on the environment, this is not a project because it does not cause a direct or reasonably foreseeable indirect physical change on or in the environment, this matter is not subject to CEQA. Subsequent projects resulting from this funding will be reviewed for their CEQA status.

ALTERNATIVES CONSIDERED:

Pursuant to Streets & Highways Code section 36533, the City Council could “modify any particular contained in the report and approve it as modified. The city council shall not approve a change in the basis and method of levying assessment that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments.” Increasing business-based assessments is not recommended without further study and determination that the increased assessment is limited to benefits or services provided directly to the charged businesses and not to others who are not charged.

DISCUSSION:

BIDs are required to annually prepare a report. This report must include:
 Any changes to the boundaries of the district.
 A list of the improvements and activities to be provided for that fiscal year.  An estimate of the cost of providing the improvements and the activities for that fiscal year.
 The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
 The amount of any surplus or deficit revenues to be carried over from a previous year.

Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 2, Packet Page 49  The amount of any contributions to be made from sources other than assessments levied.

After acceptance of the reports, the City Council shall adopt Resolutions of Intention to set a public hearing date to levy annual assessments for the 2022/2023 fiscal year. The public hearing is set for Tuesday, June 7, 2022. At the public hearing, oral and written protests will be accepted. California Streets & Highways Code sections 36524-36525 establish the process for protests to be considered. If written protests are received from the owners of businesses in the proposed area which pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment shall be taken for one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvement or activity within the area, those types of improvements or activities shall be eliminated.

The City of Monterey will hold the public hearing on Tuesday, June 7, 2022.

KC/CS
Attachments: 1. NFBID Resolution with District Boundary Map

2. NFBID Annual Report

3. NMBID Resolution with District Boundary Map

4. NMBID Annual Report

5. CRBID Resolution with District Boundary Map

6. CRBID Annual Report
e: Kelly Violini, North Fremont Business Association
Rick Johnson, New Monterey Business Association
Bonnie Adams, Cannery Row Business Association
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, 5/17/2022, Item No. 6., Item Page 3, Packet Page 50 RESOLUTION NO. __- ___ C.S.

Date: <MEETING_DATE>
Item No: <#>

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

CONFIRM THE REPORT OF THE NORTH FREMONT BUSINESS DISTRICT

OF MONTEREY AND SET A PUBLIC HEARING DATE TO ADOPT THE LEVY OF ASSESSMENT FOR THE 2022/2023 FISCAL YEAR
WHEREAS, the North Fremont Business District of Monterey was established in 2003; WHEREAS, a report outlining the proposed budget and workplan of the Business Improvement District has been prepared;
WHEREAS, the report is on file with the City Clerk; and WHEREAS, the City of Monterey Planning Office determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (Article 20, Section 15378). In addition, CEQA Article 5, 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 and this matter have no potential to cause any effect on the environment, this matter is not a project. Because this matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project.

Subsequent projects resulting from this funding will be reviewed for their CEQA status.

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

1. It is the intent of the City Council to levy and collect assessments for the North Fremont Business District of Monterey for fiscal year 2022/2023. District boundaries are shown in Exhibit A and are on file in the City Clerk’s office.

2. Improvements and activities approved in the resolution creating the District are to promote the Business Improvement District, advocate for an increase of public transportation opportunities to North Monterey, improve streetscape appearance, and increase the overall safety of the area as set forth in Parking and Business Improvement Area law of 1989.

3. The program of improvements and activities are carried out by the North Fremont Business District of Monterey. Improvements and activities proposed for 2022/2023 are consistent with those approved in the resolution adopting the district, with no substantial changes from the original resolution.

4. A report on the proposed program for fiscal year 2022/2023 is on file in the City Clerk’s Office (Exhibit B). The report recommends no change to boundaries or work program, and continuance of the annual assessment of 25% of the business license fee for the City, but not to exceed $500.

Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 4, Packet Page 51 2 5. The District’s Advisory Board is approved.

6. A public hearing will be held on Tuesday June 7, 2022 at or after 4:00 p.m. on the levy of the proposed assessment for the 2022/23 fiscal year. At the public hearing, written and oral protests may be made in accord with law.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this 17th day of May, 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, 5/17/2022, Item No. 6., Item Page 5, Packet Page 52 Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 6, Packet Page 53 2022 WORK PLAN & BUDGET
January -- December

MISSION STATEMENT
The North Fremont Business District of Monterey is a volunteer driven organization, with the mission of preserving, revitalizing, and promoting the
North Fremont Business District, through broad based community support and serving the needs of the local neighborhoods.

COMMITTEES
Streetscape
Infrastructure & Advocacy
Banner Program
Marketing
Special Events
Education
Holidays
ATTACHMENT 2
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 7, Packet Page 54 Achievements
2004 District Formed
2005 Developed Monterey on Ice – at the fairgrounds, the first ice rink for the City of Monterey 2006 Second Annual Monterey on Ice – Largest ice rink for the City of Monterey 2006 Moved NFS undergrounding of utilities to 2nd position - in priority for the City behind Del Monte and in front of Foam Street
2009/2010 Traffic Study – Completed Traffic Study for NFS corridor 2010 NFS Streetscape Plan – Developed a comprehensive streetscape plan. 2013 Back Stage Pass – Online marketing program with 25+ coupons from NFS merchants for residents and visitors.
2014 Incorporation of Streetscape Plan into the City’s Specific Plan - Continued to advocate for the inclusion of the NFS Streetscape Plan without modifications into the City’s Specific Plan.

Advocated for all businesses, property owners, and neighborhoods along NFS to become involved in and informed about the development of the City’s Specific Plan for NFS and the implications and/or changes the Specific Plan will have on zoning of those parcels 2015 Developed the Mixed-Use Design Guidelines for NFS with the City for building design, building setbacks, and landscaping on individual properties along North Fremont Street- currently called the North Fremont Specific Plan.
2016 Inaugural Earth Day Clean-Up on North Fremont Street. Organized over 2 dozen volunteers and cleaned up sidewalks and parking areas along the entire District street frontage.

Inaugural “Festival of Trees” Holiday Event at Monterey Event Center, with over a dozen participating Charities.
2018 North Fremont Bike & Pedestrian Access & Safety Improvements. 6.8 Million Grant for North Fremont Street started construction. Supported and helped advocate for the grant for new ADA crosswalks at intersections and a Class IV median bike path in the median. 2019 North Fremont Bike & Pedestrian Access & Safety Improvements Completed. First Median Class IV bike lane installed on North Fremont Street, ADA crosswalks on 4 intersections, adaptive light signals along NFS installed, and storm drains fixed. 2021 North Fremont Business District of Monterey Banners Installed . First NFBDM banners,
prominently showing our district is in the City of Monterey and displaying our logo, were installed along North Fremont Street.

ATTACHMENT 2
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 8, Packet Page 55 STREETSCAPE COMMITTEE BUDGET $6,000.00+TBD
Goal: to improve the visual appearance and ambience of the area through the use of streetscape improvements, curb appeal upgrades and other related projects and activities

1. Objective: Advocate for the reinstatement of the Façade Improvement Grant Program by the City to upgrade drive-by appearances.

Task Leader: Committee Chair: Mary Alice Fettis
Due Date: On-going
Funds Needed:

2. Objective: Develop a Litter / Graffiti Removal Program – organize Earth Day for businesses to clean up property – provide drop box/recycling and help with graffiti removal on NFS Task Leader: Committee Chair: Kelly Violini
Due Date: April 2022
Funds Needed: To be determined

3. Objective: North Fremont Street Streetscape Plan implementation – to incorporate drainage and undergrounding of utilities at same time. Advocate for the development of the Streetscape Plan by incorporating the undergrounding of utilities, adding street signage, development of sidewalks, providing adequate drainage, etc at the same time of development of that Plan. Development should be done in stages along NFS.

Task Leader: Committee Chair: Leslie Svetich
Due Date: On-going – future – (storm drain repaired 2019) Funds Needed:

4. Objective: North Fremont Street Streetscape Plan implementation – work with City to add landscaping to the median to enhance new bike path and bike racks with logos along NFS.

Task Leader: Committee Chair: Leslie Svetich
Due Date: 2022
Funds Needed: $5,000.00 ( Add to Streetscape Reserve Account)

5. Objective: Add electricity to each pole along NFS. Work with City to add electricity to the poles in construction areas of bike path during 2019.

Task Leader: Committee Chair: Leslie Svetich
Funds Needed: TBD – Ask City for Funding
INFRASTRUCTURE AND ADVOCACY COMMITTEE BUDGET $500.00
Goal: to improve the safety and accessibility of the North Fremont Street business corridor

1. Objective: Investigate speed reduction, and crosswalk improvements Task Leader: Committee Chair: Board
ATTACHMENT 2
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 9, Packet Page 56 Due Date: On-going
Funds Needed:

2. Objective: Advocate for extending the TROLLEY to NFS Task Leader: Committee Chair: Samir Patel
Due Date: On-going – foreseeable future
Funds Needed: Actual amount to be determined

3. Objective: Advocate for a comprehensive underground utilities plan to coincide with CTC award to include widening sidewalks and for City completion of drainage project (see streetscape plan)
Task Leader: Committee Chair: Mike Marotta/Leslie Svetich Due Date: On-going
Funds Needed:

4. Objective: Advocate for the individual property owners along North Fremont Street to fill their vacant properties and keep vacant properties in marketable order.

Task Leader: Committee Chair: Board
Due Date: On-going
Funds Needed: Actual amount to be determined

5. Objective: Advocate for the City to improve the park at the corner of Canyon Del Rey and North Fremont Street as an entrance way into the City of Monterey and Laguna Grande corridor.

Task Leader: Committee Chair: Board with CONA
Due Date: On-going
Funds Needed: Actual amount to be determined

6. Objective: Brand North Fremont Street’s new logo to identify our corridor as part of Monterey and work on a street name change to coincide with the name changes of Fremont, Del Monte, and Lighthouse.

Task Leader: Committee Chair: Leslie Svetich/Mike Marotta Due Date: Logo finished 2016 - Ongoing
Funds Needed: $500.00

7. Objective: Advocate for the City to improve and define the Specific Plan more thoroughly with clear defined objectives for all new construction on NFS.

Task Leader: Committee Chair: Board
Due Date: Ongoing
Funds Needed: To be determined

8. Objective: Advocate for the City to extend the bike path to Canyon Del Rey, through Seaside on Fremont Blvd, in addition to extending it to FORTAG.

Task Leader: Committee Chair: Board/Leslie Svetich
Due Date: Ongoing
Funds Needed: To be determined
ATTACHMENT 2
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 10, Packet Page 57 BANNER COMMITTEE BUDGET $3,000.00
Goal: to maintain our street banner program on North Fremont Street

1. Objective: Continued coordination of the established NFBDM banner program Task Leader: Committee Chair: Kelly Violini
Due Date: On-going calendar schedule
Funds Needed: Actual amount to be determined (Volunteer Board Member)

2. Objective: Banners have been designed and installed along North Fremont Street. Continue coordination of the banner program (event installations), repairs and maintenance, and monitor installation and tear down periods. Plus continued Coordination of Holiday Banners (under Holiday Committee).

Task Leader: Committee Chair: Leslie Svetich/Kelly Violini Due Date: Ongoing
Funds Needed: $3,000.00
MARKETING COMMITTEE BUDGET $35,000.00
Goal: to develop a unified marketing and networking program to establish North Fremont Street as a distinct shopping, dining and lodging area for local residents and visitors

1. Objective: Develop district promotional materials
Task Leader: Committee Chair: Wendy Brickman
Due Date: On-going in foreseeable future
Funds Needed: $5,000.00 + Revenue generating fundraiser

2. Objective: Continue to maintain a working relationship with Neighborhood Improvement Districts Task Leader: Board/Staff
Due Date: On-going
Funds Needed: To be determined

3. Objective: Create and develop a co-op advertising opportunity for NFBDM members, and use funds to develop an advertising campaign through co-op advertising and the use of marketing specialists to establish NFS business as part of Monterey. Distribute Back Stage Pass through out Monterey.

Task Leader: Committee Chair/Specialist: Mary Alice Cerrito Fettis/Wendy Brickman Due Date: On-going
Funds Needed: $23,000.00

4. Objective: Continue to develop, upgrade and maintain NFBDM website Task Leader: Committee Chair: Wendy Brickman
Due Date: On-going maintenance for current mobile website.

ATTACHMENT 2
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 11, Packet Page 58 Funds Needed: $6,000.00

5. Objective: Encourage the Convention and Visitors Bureau to market NFS businesses, hotels/motels and vacant properties.

Task Leader: Committee Chair: Wendy Brickman
Due Date: On-going maintenance for current mobile website.

Funds Needed: $1,000.00
SPECIAL EVENTS COMMITTEE BUDGET $1,000.00
Goal: to create opportunities for interaction between district business owners, managers, staff and the residents among the three neighborhood associations

1. Objective: Sponsor a fund-raising event
Task Leader: Committee Chair: Kelly Violini
Due Date: February 2022
Funds Needed: $1,000.00
EDUCATION COMMITTEE BUDGET $1,300.00
Goal: to develop economic vitality within the North Fremont business community by providing educational opportunities to improve the business climate and practices

1. Objective: Coordinate and create an opportunity (annual) for interaction between district business owners, managers, staff, property owners, and to the residents among the three neighborhood associations
Task Leader: Committee Chair: Wendy Brickman
Due Date: May 2022
Funds Needed: $1,300.00
HOLIDAY COMMITTEE BUDGET $5,750.00
Goal: to encourage more business participation in decorating for major holidays to enliven the environment to draw residents and visitors to the area

1. Objective: Board member businesses to set an example for others on the street Task Leader: Individual businesses
Due Date: On appropriate holidays beyond Christmas/New Years such as the 4th of July Funds Needed: To be determined

2. Objective: Continued coordination of the Christmas holiday decorating contest with prizes for area businesses.

Task Leader: Committee Chair: Kelly Violini/Wendy Brickman Due Date: December 2021
Funds Needed: $750.00
ATTACHMENT 2
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 12, Packet Page 59

3. Objective: Holiday Banners - Installation/Removal/Storage costs/Replace Banners Task Leader: Committee Chair: Kelly Violini/Leslie Svetich Funds Needed: $5,000.00

4. Objective: Lighted Wreaths along District – Request the City puts the 22 lighted wreaths we purchased, plus the 16 wreaths they used to put on our poles, up on all 19 poles along North Fremont Street
Task Leader: Committee Chair: Leslie Svetich
Funds Needed: NFBDM purchased 22 wreaths Oct 2017
ATTACHMENT 2
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 13, Packet Page 60 2022 NFBDM BUDGET
BALANCE FORWARD $29,785.80
INCOME
City of Monterey Contribution 0
BID Assessment $18,000.00
Banner Administration Fee
Fund Raiser(s) $0
TOTAL INCOME $47,785.80

RESERVES
Savings/Reserves Streetscape Plan Implementation $93,885.06 TOTAL AVAILABLE FUNDS $141,670.86

EXPENSES
Category: Appearance, Accessibility & Safety
Streetscape $6,000.00
May be
modified
Infrastructure & Advocacy $1,000.00
Category: Promotion
Banner Program $3,000.00
May be
modified
Marketing Committee

35,000.00
Special Events Committee $1,000.00
May be
modified
Category: Economic Vitality
Education Committee $1,300.00
Holiday Committee $5,750.00
May be
modified
Category: General Administration
Administration

$1,600.00
Supplies $300.00
Postage $100.00
Copying $50.00
Telephone/mobile $0.00

Licenses/Permits/Dues/Subscriptions
Insurance $1,200.00
Accounting/Professional Fees $1,200.00
TOTAL EXPENSES $57,500.00
Streetscape Savings/Reserves $93,885.06
Unallocated Reserves $785.80

TOTAL EXPENSES & RESERVES TBD
ATTACHMENT 2
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 14, Packet Page 61 ATTACHMENT 2
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 15, Packet Page 62 RESOLUTION NO. __- ___ C.S.

Date: <MEETING_DATE>
Item No: <#>

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

CONFIRM THE REPORT OF THE NEW MONTEREY BUSINESS ASSOCIATION

AND SET A PUBLIC HEARING DATE TO ADOPT THE LEVY OF ASSESSMENT FOR THE 2022/2023 FISCAL YEAR
WHEREAS, the New Monterey Business Association Improvement District was established in 1995;
WHEREAS, a report outlining the proposed budget and workplan of the Business Improvement District has been prepared;
WHEREAS, the report is on file with the City Clerk; and WHEREAS, the City of Monterey Planning Office determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (Article 20, Section 15378). In addition, CEQA Article 5, Section 15061 includes the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Subsequent projects resulting from this funding will be reviewed for their CEQA status.

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

1. It is the intent of the City Council to levy and collect assessments for the New Monterey Business Association Improvement District for fiscal year 2022/2023.

District boundaries are shown in Exhibit A and are on file in the City Clerk’s office.

2. Improvements and activities approved in the resolution creating the District are to fund various public improvements, administer the business improvement district, and undertake various promotional activities as set forth in Parking and Business Improvement Area law of 1989.

3. The program of improvements and activities are carried out by the New Monterey Business Association. Improvements and activities proposed for 2022/23 are consistent with those approved in the resolution adopting the district, with no substantial changes from the original resolution.

4. A report proposing the work program for fiscal year 2022/23 is on file in the City Clerk’s Office (Exhibit B). The report recommends no change to boundaries or work program, and continuance of the annual assessment of 25% of the business license fee for the City, but not to exceed $250.

Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 16, Packet Page 63 2 5. The District’s Advisory Board is approved.

6. A public hearing will be held on Tuesday, June 7, 2022, at or after 4:00 p.m. on the levy of the proposed assessment for the 2022/2023 fiscal year. At the public hearing, written and oral protests may be made in accord with law.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this 17th day of May 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, 5/17/2022, Item No. 6., Item Page 17, Packet Page 64 Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 18, Packet Page 65 Please Note: As we emerge from the pandemic, we believe the NMBA Work Plan allows for proactive and creative measures to address the economic recovery within its current structure.

The Association has been, and continues to be, in close contact with our businesses within the District in-person, through our website (Lighthousedistrict.net), email connections and telephone conversations.

We are ready and eager to work with and support the City, as all of us begin the monumental task of economic recovery within our district and the entire city.

Kim Cole
Planning Department
Monterey, CA 93940
March 23, 2022
Dear Kim:

The New Monterey Business Association requests that the City Council schedule a public hearing to authorize the continuance of our program for the next fiscal year and collect the business license assessment on our behalf, in accord with the requirements of Senate Bill 1424. Please note:
• The Oversight Committee made up of Christina Riddock, Jose Miquel and Heather Jorgensen, met and approved the 2022 Work Plan, district boundaries and budget. • The New Monterey Business Association boundaries remain unchanged. • Improvements and activities for fiscal year 2022/23 are included in the attached comprehensive Work Plan
• The 2022 budget (attached) outlines revenue and expenses as balanced utilizing $5,000 from reserve savings
• The method of assessment remains 25% of the business license fee, with a $250 cap per individual business
• Yearly expenditures and revenue are projected to balance

As you can see from the attached material, we believe we have a well-balanced work plan that addresses district promotion.

Thank you for your continued leadership and support of the merchants and businesses in New Monterey during these very difficult times.

Sincerely,
Rick Johnson, Administrator
ATTACHMENT 4
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 19, Packet Page 66

NEW MONTEREY BUSINESS ASSOCIATION
2022

WORK PLAN

COMMITTEES
EXECUTIVE Page 2
PROMOTION Page 4
LAND USE, STREETCAPE AND TRANSPORTATION Page 7
A community of Businesses united to achieve
the common goals of economic vitality and to
reaffirm the spirit of New Monterey.

ATTACHMENT 4
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 20, Packet Page 67

ORGANIZATION COMMITTEE
FINANCES  POLICIES  STAFF REVIEWS  NOMINATIONS  BYLAWS Mission: Oversees board and staff operations including bylaws, policies and finances.

Ensure Association is smooth running and represents its members and serves as liaison between the district, other business districts and the city and residents.

1. Objective Update Membership Directory to include contact names, fax numbers and email addresses. Include key neighborhood
resident contacts.

Task Leader NMBA Staff
Due Date Ongoing

2. Objective Establish Lighthouse District as a business and tourist destination by ensuring open communication between
Board, membership, neighborhood and the City
Task Leader NMBA Board
Due Date Ongoing

3. Objective Work with Hyperlinked Web Services to keep LighthouseDistrict.net current with news, upcoming events and business information within the New Monterey Business Association / Lighthouse District; use to promote the district to residents, visitors and current and prospective
businesses. Use the website to quickly disseminate
information in a timely, proactive method.

Task Leader NMBA Board
Due Date Ongoing

4. Objective Continue to encourage use of “Lighthouse District” in promotional materials.

Task Leader NMBA Staff
Due Date Ongoing

5. Objective: Continue to develop the New Monterey Business Association Liaison with the New Monterey Neighborhood
Association to address common concerns.

Task Leader: Association President / NMBA Staff
Due Date: Ongoing

6. Objective: Evaluate progress of Work Plan – Report to full Board Task Leader: Executive Committee / Staff
Due Date: October 2022
ATTACHMENT 4
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 21, Packet Page 68

7. Objective: Survey NMBA Membership to evaluate how the Association is representing the needs of the members. Use personal
visits / the website and the Newsletter to communicate with members.

Task Leader: Association Vice President
Due Date: Ongoing

8. Objective: Offer Associate membership to businesses located outside of the BID, but within the Associate Membership boundaries as defined in the NMBA Associate Membership Policy
eligibility statement.

Task Leader: Association President / Staff
Due Date: Ongoing
------------
ATTACHMENT 4
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 22, Packet Page 69

PROMOTION COMMITTEE
MARKETING  EVENTS  TRANSPORTATION
MISSION: To promote the Lighthouse District as a destination for shopping, dining and services to both residents and visitors.

1. Objective: Continue and expand efforts to make the Lighthouse District a destination commercial district. Expand efforts to define the district as resident serving, while also encouraging greater visitor patronage throughout the district.

Task Leader: Promotion Committee Chair / Staff
Due Date: Ongoing

2. Objective: Welcome and encourage Defense Language Institute students to think of the Lighthouse District as their
“downtown,” through the website and by educating member businesses of the economic impact DLI, NPS, and MIIS
students have on the district.

Task Leader: Promotion Committee Chair / Staff
Due Date: Ongoing

3. Objective: Continue to promote the Lighthouse District with co-op newspaper ads, bag stuffers, rack cards and / or other
printed materials. Encourage greater “cross-promotion”
between businesses within the district.

Task Leader: Promotion Committee Chair / Staff
Due Date: Ongoing

4. Objective: Continue to host fun community events such as Movie in the Park, Halloween on Lighthouse, Small Business Saturday
and promotionally targeted Lighthouse Avenue Sidewalk
Sales.

Task Leader: Promotion Committee Chair / Staff
Due Date: Summer and Fall

5. Objective: Encourage merchant participation with Movie in the Park in cooperation with the Monterey Fire Department.

Task Leader: Promotion Committee / Board / Staff
Due Date: Fall
ATTACHMENT 4
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 23, Packet Page 70

6. Objective: Support and participate in the city and regional promotions such as Buy Local.

Task Leader: Promotion Committee Chair / Staff
Due Date: Ongoing

7. Objective: Promote the Lighthouse District as a green commercial district. Create a rack card listing businesses that sell previously used goods and / or are green in other ways.

Task Leader: Promotion Committee Chair / Staff
Due Date: Ongoing

8. Objective: Encourage use of the Lighthouse District logo by merchants in their own promotional materials.

Task Leader: Promotion Committee Chair / Staff
Due Date: Ongoing

9. Objective: Partner with the New Monterey Residents Association to encourage greater support of the business district by
directing residents to the Lighthouse web site for promotions and information.

Task Leader: Promotion Committee Chair / Staff
Due Date: Ongoing

10. Objective Add a sense of whimsy to the street with healthy recreation, in cooperation with Blue Zones.

Task Leader: Promotion Committee Chair / Staff
Due Date: Ongoing

11. Objective: Explore ways to utilize Lighthouse Avenue sidewalks for “Sidewalk Sales” and / or outdoor displays to promote the district for holidays / festivals, etc. using the NMBA Master Encroachment Permit.

Task Leader: Promotion Chair / Committee
Due Date: May 2022

12. Objective: Encourage residents to use the lawns at Scholze Park as a green oasis along the street.

Task Leader: Promotion Committee Chair / Staff
Due Date: Ongoing
ATTACHMENT 4
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 24, Packet Page 71

13. Objective: Incorporate social media strategies into events and promotion.

Task Leader: Promotions Committee Chair / NMBA Board
Due Date: Ongoing

14. Objective: Replace worn street banners with new banners.

Task Leader: Promotions Committee Chair / NMBA Board / Staff Due Date: Ongoing
------------
ATTACHMENT 4
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 25, Packet Page 72

LUST COMMITTEE
LAND USE  STREETSCAPE  TRANSPORTATION
Mission: Plan and oversee implementation of land use plans, development standards, design guidelines and public improvements; Plan and oversee all forms of transportation and parking.

1. Objective: Monitor plans for new and remodeled buildings to ensure consistency with the Lighthouse Specific Plan, Design
Guidelines, appropriate streetscape improvements and
pedestrian orientation to eliminate dead zone areas along Lighthouse Avenue.

Task Leader: Promotion Committee Chair / Staff
Due Date: Ongoing

2. Objective: Work with the City and NIP to fund, implement and complete the remainder of the Scholze Park Improvement Project.

Task Leader: NMBA Board / Staff
Due Date: Ongoing

3. Objective: Continue to implement the Lighthouse Avenue Specific Plan.

Task Leader: NMBA Board / Staff
Due Date: Ongoing

4. Objective: Work with the City to secure water, whenever available, for Lighthouse Avenue development projects that will help
create greater economic vitality within the District.

Task Leader: NMBA Board / Staff
Due Date: Ongoing

5. Objective: Encourage new and existing properties to implement Streetscape/ Design components.

Task Leader: NMBA Board / Staff
Due Date: Ongoing

6. Objective: Work with the City to develop better wayfinding signage to direct pedestrians using the Recreation Trail to Lighthouse Avenue.

Task Leader: NMBA Board / City Liaison / Staff
Due Date: Ongoing
ATTACHMENT 4
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 26, Packet Page 73

7. Objective: Encourage City Council to reestablish City Façade Program.

Task Leader: NMBA Board / City Liaison / Staff
Due Date: Ongoing

8. Objective: Explore ways to further the identity of Lighthouse Avenue through creative signage and branding.

Task Leader: NMBA Board / City Liaison / Staff
Due Date: Ongoing

9. Objective: Work with City Traffic Engineers and City Planners to elongate the parking spots along Lighthouse Avenue,
making it easier to park safely on the street.

Task Leader: NMBA Board / City Liaison / Staff
Due Date: Ongoing
------------
ATTACHMENT 4
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 27, Packet Page 74

NEW MONTEREY BUSINESS ASSOCIATION
2022 Revised Budget
INCOME
2020 Budget
B.I.D. Assessment 10,000.00
City Support 0
0 0
0 TOTAL INCOME 10,000

EXPENSES
2020 Budget
Administrative Services 0
Retreat 0
Postage/Office Expense
Printing 0
Insurance 500
Banners 0
Promotion/Advertising Committee 0
Movies in the Park 0
Outside Contractor 1,100
Web Design/Maintenance 8,400

TOTAL EXPENSES
PROFIT (LOSS) 0
Please Note: This budget no longer allows for street banners, holiday decorations, administrative/office support, district promotions, Movies in the Park celebration for residents, sidewalk sales, Halloween on Lighthouse event. It will restructure the Association as on-line presence only, still governed by the NMBA Board ATTACHMENT 4
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 28, Packet Page 75 RESOLUTION NO. __- ___ C.S.

Date: <MEETING_DATE>
Item No: <#>

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

CONFIRM THE REPORT OF THE CANNERY ROW BUSINESS ASSOCIATION,

AND SET A PUBLIC HEARING DATE TO ADOPT THE LEVY OF ASSESSMENT FOR THE 2022/2023 FISCAL YEAR
WHEREAS, the Cannery Row Business Association Improvement District was established in 2004;
WHEREAS, a report outlining the proposed budget and work plan of the Business Improvement District has been prepared;
WHEREAS, the report is on file with the City Clerk; and, WHEREAS, the City of Monterey Planning Office determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (Article 20, Section 15378). In addition, CEQA Article 5, 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 and this matter have no potential to cause any effect on the environment, this is not a project because it does not cause a direct or reasonably foreseeable indirect physical change on or in the environment, this matter is not subject to CEQA. Subsequent projects resulting from this funding will be reviewed for their CEQA status.

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

1. It is the intent of the City Council to levy and collect assessments for the Cannery Row Business Association Improvement District for fiscal year 2022/23. District boundaries are shown in Exhibit A and are on file in the City Clerk’s office.

2. Improvements and activities approved in the Resolution creating the District are to advocate and construct traffic and parking improvements; establish and meet cleanliness standards (trash pickup, etc.); improve the area’s streetscape; coordinate with existing businesses and the Cannery Row Marketing Council to stimulate business through collaboration; advocate Cannery Row business needs to government agencies for infrastructure and service enhancements; improve public safety; and hire a management staff to represent Cannery Row business interests in compliance with requirements as set forth in Parking and Business Improvement Area law of 1989.

Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 29, Packet Page 76 2 3. The program of improvements and activities are carried out by the Cannery Row Business Association. Improvements and activities proposed for 2022/23 are consistent with those approved in the resolution adopting the district, with no substantial changes from the original resolution.

4. A report on the proposed program for fiscal year 2022/23 is attached as Exhibit B and on file in the City Clerk’s Office. The report recommends no change to boundaries or work program, and continuance of the annual assessment of 100% surcharge to the business license fee of each business, up to a maximum assessment of $5,000 per business per fiscal year. For businesses classified as professional services, the assessment shall be 25% surcharge to the business license fee, up to a maximum of $500.

5. The District’s Advisory Board is approved.

6. A public hearing will be held on Tuesday, June 7, 2022, at or after 4:00 p.m. on the levy of the proposed assessment for the 2022/23 fiscal year. At the public hearing, written and oral protests may be made in accord with law.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this 17th day of May, 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, 5/17/2022, Item No. 6., Item Page 30, Packet Page 77 Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 31, Packet Page 78 ATTACHMENT 6
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 32, Packet Page 79 ATTACHMENT 6
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 33, Packet Page 80 ATTACHMENT 6
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 34, Packet Page 81 ATTACHMENT 6
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 35, Packet Page 82 ATTACHMENT 6
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 36, Packet Page 83 ATTACHMENT 6
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 37, Packet Page 84 ATTACHMENT 6
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 38, Packet Page 85 ATTACHMENT 6
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 39, Packet Page 86 ATTACHMENT 6
Council Regular Meeting, 5/17/2022, Item No. 6., Item Page 40, Packet Page 87 Council
Agenda Report
№08/22
FROM: Steve Wittry, Public Works Director
Prepared By: Sara South, Engineering Programs Analyst
SUBJECT: Identify the Rehabilitation of Beach Way as the Project to be Funded by SB 1:

The Road Repair and Accountability Act (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council adopt the attached resolution approving the Rehabilitation of Beach Way to be funded with revenues from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1: The Road Repair and Accountability Act.

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.

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 Road Repair and Accountability Act of 2017 (SB 1 Beall) provides for allocations of various funds to state and local agencies for transportation purposes. Among those funds are formulabased allocations from the Road Maintenance and Rehabilitation Account (RMRA). The City of Monterey is projected to receive RMRA funds in the amount of $646,958 for Fiscal Year 2022-

23. ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 5/17/2022, Item No. 7., Item Page 1, Packet Page 88 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:

City Council could choose to not approve Beach Way as the project to be funded by SB 1; however, this is not recommended. Based on the City’s Pavement Management System, the reconstruction of the identified street segment of Beach Way is a high-priority, cost-effective project that meets the City’s priorities for transportation investment.

DISCUSSION:

Cities and counties own and operate more than 81 percent of streets and roads in California, and from the moment we open our front door to drive to work, bike to school or walk to a bus station, people are dependent upon a safe, reliable local transportation network. Police, fire, and emergency medical services all need safe reliable roads to react quickly to emergency calls and a few minutes of delay can be a matter of life and death.

Maintaining and preserving the local street and road system in a good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduce vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals. Restoring roads before they fail also reduces construction time which results in less air pollution from heavy equipment and less water pollution from site run-off.

Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide. SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Monterey are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year.

The City must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement.

Based on the City’s Pavement Management System, the Rehabilitation of Beach Way, which includes, but is not limited to, the removal and replacement of asphalt, is a high priority and cost-effective project that also meets the City’s priorities for transportation investment. Beach Way is a heavily-utilized roadway for residents and visitors alike in the Del Monte Beach Neighborhood. The estimated $646,958 in RMRA funding will be budgeted towards the completion of the project, which is estimated to begin construction in 2023. The repairs will have an estimated useful life of 20 years.

City Council will separately budget HUTA (Gas Tax) funds as part of the FY2022-23 CIP Budget for this project; however, SB 1 requires a specific Council action to identify where the RMRA funds will be utilized.

Council Regular Meeting, 5/17/2022, Item No. 7., Item Page 2, Packet Page 89 Therefore, staff recommends that the City Council adopt the attached resolution approving the Rehabilitation of Beach Way to be funded by SB 1: The Road Repair and Accountability Act.

SW/ss
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, 5/17/2022, Item No. 7., Item Page 3, Packet Page 90 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22

IDENTIFY THE REHABILITATION OF BEACH WAY AS THE PROJECT TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide;
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Monterey are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; WHEREAS, the City must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; WHEREAS, the City will receive an estimated $646,958 in RMRA funding in Fiscal Year 2021-22 from SB 1;
WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community priorities for transportation investment; WHEREAS, if the Legislature and Governor failed to act, city streets and county roads would have continued to deteriorate, having many and varied negative impacts on our community;
WHEREAS, cities and counties own and operate more than 81 percent of streets and roads in California, and from the moment we open our front door to drive to work, bike to school, or walk to the bus station, people are dependent upon a safe, reliable local transportation network;
WHEREAS, police, fire, and emergency medical services all need safe reliable roads to react quickly to emergency calls and a few minutes of delay can be a matter of life and death; WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduce vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; WHEREAS, restoring roads before they fail also reduces construction time which results in less air pollution from heavy equipment and less water pollution from site run-off; Council Regular Meeting, 5/17/2022, Item No. 7., Item Page 4, Packet Page 91 2 WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide;
WHEREAS, based on the City’s Pavement Management System, Rehabilitation of Beach Way is the highest priority and cost effective project that also meets the City’s priorities for transportation investment. The estimated $646,958 in RMRA funding will be budgeted towards the completion of the project, which is estimated to begin construction in early 2022.

The repairs include but are not limited to the removal and replacement of asphalt and will have an estimated useful life of 20 years; 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 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.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby identifies the following project to be funded with Road Maintenance and Rehabilitation Account (RMRA) revenues:
 Rehabilitation of Beach Way; Estimated Useful Life: 20 years; Anticipated Year of Construction: 2023.

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
Council Regular Meeting, 5/17/2022, Item No. 7., Item Page 5, Packet Page 92 3 City Clerk thereof
Council Regular Meeting, 5/17/2022, Item No. 7., Item Page 6, Packet Page 93 Council
Agenda Report
№08/22
FROM: Steve Wittry, P.E., Public Works Director
Prepared By: Cody Hennings, Engineering Technician
SUBJECT: Receive Alvarado Street Maintenance District 85-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council:

1. Receive the attached Engineer's Report;

2. Adopt the attached Resolution of Intention to Levy Assessment;

3. Set public hearing for July 19, 2022.

This is a property-based district in which liability for the assessment is premised upon a person’s property ownership.

VALUE DRIVERS:

FISCAL STEWARDSHIP – 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. 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.

QUALITY OF LIFE – 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.

POLICY IMPLICATIONS:

This action continues a process the City has followed since 1986 that establishes an annual assessment to repair and maintain improvements, and to add to these improvements as necessary, to meet the original intent of the districts was established to repair and maintain improvements.

This action supports the Council’s value drivers of “working to improve the quality of life of our residents,” and “ensuring a level of economic vitality sufficient to support our quality of life and municipal infrastructure requirements” by maintaining Alvarado Street at a high standard conducive to commerce and public enjoyment of the downtown area.

Date: 5/17/2022
Item No.: 8.

Council Regular Meeting, 5/17/2022, Item No. 8., Item Page 1, Packet Page 94 FISCAL IMPLICATIONS:

The assessment is for maintenance costs to the benefiting property owners, above and beyond usual maintenance costs. The property owners are requesting to increase the assessment by $0.15 to $1.63/foot/month. The total amount to be assessed is $53,073.13.

Fees collected under this process must be for services that are over and above fees attributed to the general public. Prior to the establishment of the district, the City performed services and provided enhanced facilities in the Alvarado Street assessment area. The City established this cost and continues to pay for its "base year" maintenance costs escalated by the Consumer Price Index each year. For next fiscal year, the City’s "base year" portion will amount to $56,520.51. In addition to the base year costs, the City will be responsible for paying for the assessments for the City-owned parcels within the district.

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 could decide not to proceed with the re-establishment of this District.

However, the assessment pays for maintenance of improvements that add to the character of the downtown area and support commerce.

DISCUSSION:

The staff recommendation continues a legal process, which began at the Council's meeting of March 15, 2022 when the Council ordered the preparation of the Engineer's Report to establish the annual assessment for the maintenance of Alvarado Street improvements. The Engineer’s Report separates the general benefits to the public at large from the special benefits the assessed parcels will receive. Property-based assessments may only be used to pay for the special benefits provided by the improvements and activities of a district, and may not be used for general benefits. (California Constitution Art XIIID 4(a).) Therefore, the Engineer’s Report must separate and quantify the special and general benefits, and assess property owners only for the portion of the costs representing special benefits.

The Alvarado Street Maintenance District 85-1 was formed on April 11, 1985 pursuant to the Landscaping and Lighting Act of 1972 (Streets & Highways Code section 22500 et seq.). The purpose of the District is to make minor improvements along the length of Alvarado Street identified in the report. All parcels that receive a special benefit have been identified and included in the report.

Council Regular Meeting, 5/17/2022, Item No. 8., Item Page 2, Packet Page 95 Staff met with the Assessment District Coordinator on April 8, 2022. At the meetings, staff presented the following recommendations:

Current Assessment District Services:
 Provides current level of service for sidewalk cleaning (635 hours/year, or 12.2 hours/week).
 Includes charging City administrative cost for the assessment district.  Maintains current contractual and capital outlay items.  Includes grounds maintenance, sidewalk cleanings, Assessment District Coordinator, plant material and pots, tree light maintenance and energy, and minor painting (of benches, pots, and lightpoles).

Members of the District recommended increasing the current assessment to $1.63 /foot/month.

Upon receipt of the Engineer’s Report, staff recommends holding a public hearing on July 19, 2022 at 4:00 p.m. regarding the report. The approval process requires 45 days prior notice of a public hearing for this assessment. After the public hearing, if a majority protest is not received, Council will be asked to adopt a resolution certifying compliance with state law concerning the assessment and ordering that it be filed with the County Auditor's office prior to the County’s August 1, 2022 deadline. A majority protest is measured by the areas of the parcels owned by those who are not in favor of the assessment. A majority protest exists if 50% plus one of the record owners of the parcels subject to the change submit a timely written protest. To be timely, the written protest must be submitted prior to the conclusion of the public hearing.

Accordingly, staff recommends that the City Council receive the attached Engineer's Report; adopt the attached Resolution of Intention to Levy Assessment; and set a public hearing for July 19, 2022.

SW/ch
Attachments: 1. Resolution

2. Engineers Report
e: Rick Johnson, Executive Director, OMBA
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, 5/17/2022, Item No. 8., Item Page 3, Packet Page 96 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22
RECEIVE ALVARADO STREET MAINTENANCE DISTRICT 85-1 ENGINEER'S REPORT; ADOPT A RESOLUTION OF INTENTION TO LEVY ASSESSMENT; AND SET TIME FOR

PUBLIC HEARING
WHEREAS, the Alvarado Street Maintenance District was established in 1985 to maintain improvements and fund beneficial improvements on Alvarado Street; WHEREAS, the cost of the improvements has been reasonably apportioned among the benefitted parcels according to the special benefits;
WHEREAS, the Alvarado Street Maintenance District has been renewed annually and has remained in effect since the establishment of the district; WHEREAS, on April 8, 2022, members of the Alvarado assessment district directed staff to prepare a report that reflects an increase to the assessment of $0.15 per lineal foot to $1.63 per linear foot;
WHEREAS, the Alvarado Street Maintenance District funds maintenance, which contributes to a clean and safe environment conducive to commerce; 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:

1. The Engineer’s Report ordered by Resolution No. 22-021 CS has been submitted to the City Council and is accepted as submitted.

2. The Engineer’s Report is filed with the City Clerk.

3. The Council hereby declares its intention to levy and collect an assessment against the properties within the Alvarado Street Maintenance District No. 85-1 as set forth in the Engineer’s Report. Said report may be referred to for further particulars.

Council Regular Meeting, 5/17/2022, Item No. 8., Item Page 4, Packet Page 97 2 4. The purpose of the assessment is for maintenance of existing improvements, above and beyond ordinary maintenance. There are no new improvements or substantial changes contemplated.

5. A general description of the district boundaries is Alvarado Street between Munras and Del Monte Avenue, and Alvarado Mall between Del Monte Avenue and Custom House Plaza, City of Monterey, County of Monterey, State of California. The initial proceedings for formation of the district, on file in the office of the Clerk of the City of Monterey, are referred to for a detailed description of the district boundaries and improvements.

6. Authorizes the Finance Director, or their designee, to post the necessary administrative budget adjustments to the City’s financial system so the system matches the budget total presented in Part A of the Engineer’s Report.

BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that a public hearing is set for July 19, 2022 at 4:00 p.m. in the Council Chamber, Few Memorial Hall of Records, City Hall, Monterey, California to consider the levy of said assessment. The assessment is subject to a majority protest voting procedure. A majority protest is measured by the areas of the parcels owned by those who are not in favor of the assessment. Protest may be in writing only. All interested parties may also file a written public comment with the Clerk of the City of Monterey prior to said hearing.

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, 5/17/2022, Item No. 8., Item Page 5, Packet Page 98 1 ENGINEER'S REPORT
ALVARADO STREET MAINTENANCE DISTRICT 85-1
PROPOSED ASSESSMENT FOR FY 2022/2023
(Pursuant to the Landscaping and Lighting Act of 1972)
Steve Wittry, P.E., Public Works Director, Engineer of Work for the Alvarado Street Maintenance District, City of Monterey, Monterey County, California, makes this report, as directed by the City Council, pursuant to Section 22585 of the Streets and Highways Code (Landscaping and Lighting Act of 1972).

The improvements, which are the subject of this report are briefly described as follows:

The maintenance activities of: sidewalk cleaning, litter pickup, landscaping, and street lighting facilities installed pursuant to the Alvarado Street Improvement Assessment District.

This report consists of five parts as follows:

PART A - An estimate of the cost of the improvements.

PART B - An assessment of the estimated cost of the improvements on each benefited parcel of land within the assessment district.

PART C - A statement of the method by which the undersigned has determined the amount proposed to be assessed against each parcel.

PART D - A list of the names and addresses of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Clerk. The list is keyed to Part C by assessment number.

PART E - A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part B by assessment number.

Respectfully submitted,
Steve Wittry, P.E.

Engineer of Work
ATTACHMENT 2
Council Regular Meeting, 5/17/2022, Item No. 8., Item Page 6, Packet Page 99 2 ENGINEER'S REPORT
ALVARADO STREET MAINTENANCE DISTRICT 85-1
(Pursuant to the Landscaping and Lighting Act of 1972)
The undersigned respectfully submits the enclosed report as directed by the City Council.

Dated: _________________ Steve Wittry, Public Works Director City of Monterey, Engineer of Work
By:_______________________________
I HEREBY CERTIFY that the enclosed Engineer's Report together with Assessment and Assessment Diagram thereto attached, was filed with me on the _____ day of ___________, 2022.

CLEMENTINE BONNER KLEIN, City Clerk
City of Monterey, Monterey County, California
By:___________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Monterey, California on the ______ day of _____________, 2022.

CLEMENTINE BONNER KLEIN, City Clerk
City of Monterey, Monterey County, California
By:___________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Monterey on the ________ day of ____________, 2022.

CLEMENTINE BONNER KLEIN, City Clerk
City of Monterey, Monterey County, California
By:___________________________
Council Regular Meeting, 5/17/2022, Item No. 8., Item Page 7, Packet Page 100 ALVARADO STREET MAINTENANCE DISTRICT 85-1
Estimated Costs for FY 2021/2022
PART A
4/28/22

ACCOUNT ENGINEER'S BUDGET
Personnel
Wages $19,563.82
Benefits $10,881.34
Retirement $10,740.48
SUB TOTAL $41,185.64
Operating supplies 4205 $2,722.00
Utilities 4211 $0.00
Contractual services 4220 $52,580.00
Street lighting 4236 $3,466.00
Vehicle rental 4621 $901.00
SUB TOTAL $59,669.00
Capital outlay-Special Projects 4285 $8,739.00
SUB TOTAL $8,739.00
TOTAL $109,593.64
Reduction of Total Cost by City Share ** (56,520.51)
$53,073.13
$1.63
Total LF of Frontage = 2713.35 LF
Contractual 4220 $6,250.00
$29,200.00
$3,600.00
$3,000.00
Tree trimming $900.00
City administrative cost $9,630.00
TOTAL $52,580.00
$3,100.00
$850.00
$500.00
Other District improvements $4,289.00
TOTAL $8,739.00
Sign repair
** City share for FY 20/21*CPI: $ 52,333.81*(1.08) = $ 56,520.51 CPI = 8% DEC 2021
Painting benches, pots, light
poles
Grounds maintenance
Sidewalk cleaning (16)
Assessment Dist. Coordinator
Capital Outlay - Special Projects Tree lights maintenance Landscape enhancements
Basic Assessment District Cost: Provides current level of service for sidewalk cleaning and grounds maintenance, and allows the ability to pursue additional Capital Outlay.

Net amount to be assessed
Cost per LF/month
Council Regular Meeting, 5/17/2022, Item No. 8., Item Page 8, Packet Page 101 Assessment
Number Assessor Parcel Number Alvarado St. Frontage (ft) Percentage of Total
Alvarado St. Frontage Annual Assessment
1 001-572-019 123.83 4.56% $2,422.11
2 001-572-003 53.28 1.96% $1,042.16
3 001-572-004 111.24 4.10% $2,175.85
4 001-572-030 19.95 0.74% $390.22
5 001-572-029 52.75 1.94% $1,031.79
6 001-572-028 53.94 1.99% $1,055.07
7 001-572-009 52 1.92% $1,017.12
8 001-572-010 52.05 1.92% $1,018.10
9 001-572-020 25.26 0.93% $494.09
10 001-572-021 43.57 1.61% $852.23
11 001-572-013 67.5 2.49% $1,320.30
12 001-572-022 33.72 1.24% $659.56
13 001-572-025 92.8 3.42% $1,815.17
14 001-572-017 20 0.74% $391.20
15 001-385-005 31 1.14% $606.36
16 001-385-002 106.48 3.92% $2,082.75
17 001-385-001 101.72 3.75% $1,989.64
18 001-567-019 269.2 9.92% $5,265.55
19 001-567-014 380.49 14.02% $7,442.38
20 001-386-001 194.01 7.15% $3,794.84
21 001-386-002 40 1.47% $782.40
22 001-386-003 50 1.84% $978.00
23 001-388-001 70.5 2.60% $1,378.98
24 001-573-015 27.15 1.00% $531.05
25 001-573-006 86.98 3.21% $1,701.33
26 001-573-005 50 1.84% $978.00
27 001-573-003 21 0.77% $410.76
28 001-573-002 23.25 0.86% $454.77
29 001-573-012 36.25 1.34% $709.05
30 001-574-011 30 1.11% $586.80
31 001-574-028 82.6 3.04% $1,615.66
32 001-574-029 115.94 4.27% $2,267.79
33 001-574-026 34.99 1.29% $684.40
34 001-574-005 30 1.11% $586.80
35 001-574-004 19.92 0.73% $389.64
36 001-574-016 49.04 1.81% $959.22
37 001-574-012 60.94 2.25% $1,191.99
Totals 2713.35 100.00% $53,073.13
FY 22/23 Assessment will be $1.63/LF/month
ALVARADO STREET MAINTENANCE DISTRICT 85-1
Annual Assessment for FY 2022/2023
Council Regular Meeting, 5/17/2022, Item No. 8., Item Page 9, Packet Page 102 PART B PART C

METHOD OF ALLOCATING COSTS ON THE BASIS OF BENEFIT
ALVARADO STREET MAINTENANCE DISTRICT 85-1
FISCAL YEAR 2022/2023
The method utilized to allocate the costs associated with the benefits of the district shall be based upon lineal footage of frontage. The total cost necessary to be collected will be divided by the total frontage of the district. This will result in a cost per lineal foot. This amount will be multiplied by the lineal footage of each property frontage on Alvarado Street and Alvarado Mall.

The cost per lineal foot of frontage for the FY 2022/2023 is $1.63 per month.

Council Regular Meeting, 5/17/2022, Item No. 8., Item Page 10, Packet Page 103 # APN PARCEL ADDRESS OWNER NAME
1 001-572-019 486 Alvarado Street Chyr Robert Y TR 3436 Peachwillow Lane Walnut Creek, CA 94598 2 001-572-003 482 Alvarado Street Songs Dental Studio INC 499 Calle Principal, Suite 4 Monterey, CA 93940 3 001-572-004 464 Alvarado Street Wells Fargo Bank N A TR ET AL PO Box 87 Monterey, CA 93942 4 001-572-030 462 Alvarado Street Davi Anthony G TR PO Box 2350 Monterey, CA 93940 5 001-572-029 458 Alvarado Street Davi Anthony G TR PO Box 2350 Monterey, CA 93940 6 001-572-028 452 Alvarado Street Davi Anthony G TR PO Box 2350 Monterey, CA 93940 7 001-572-009 440 Alvarado Street Bonifacio Plaza Associates 801 Lighthouse Ave, Suite 109 Monterey, CA 93940 8 001-572-010 434 Alvarado Street Teaby John E & Moraz Andrea TRS 57 Castro Road Monterey, CA 93940 9 001-572-020 432 Alvarado Street Silacci Family Investment LLC 110 John Street Salinas, CA 93901 10 001-572-021 426 Alvarado Street FRE 553 LLC PO Box 5903 Carmel, CA 93921 11 001-572-013 416 Alvarado Street Cattermoul Patricia TR & JMDJ Co 165 West Franklin Street Monterey, CA 93940 12 001-572-022 414 Alvarado Street Sanchez Adobe LLC 39 Wharf No 1 Monterey, CA 93940 13 001-572-025 406 Alvarado Street PRI LLC 2905 Burton Drive Cambria, CA 93428 14 001-572-017 400 Alvarado Street JMDJ Company 165 West Franklin Street Monterey, CA 93940 15 001-385-005 398 Alvarado Street Ordway Buildings LLC 888 Munras Avenue, Suite 200 Monterey, CA 93940 16 001-385-002 351 Calle Principal Redevelopment Agency of Monterey City Hall Room 4 Monterey, CA 93940 17 001-385-001 316 Alvarado Street JMDJ Company 165 West Franklin Street Monterey, CA 93940 18 001-567-019 2 Portola Plaza Custom House Hotel Co LTD 2 Portola Plaza Monterey, CA 93940 19 001-567-014 201 Alvarado Street Custom House Hotel Co LTD 2 Portola Plaza Monterey, CA 93940 20 001-386-001 301 Alvarado Street Paseo De Alvarado Associates PO Box 2350 Monterey, CA 93942 21 001-386-002 399 Alvarado Street WFC Holdings Corporation PO Box 2609 Carlsbad, CA 92018 22 001-386-003 399 Alvarado Street WFC Holdings Corporation PO Box 2609 Carlsbad, CA 92018 23 001-388-001 401 Alvarado Street 401 Alvarado LLC 101 Laurel Street San Franciso, CA 94118 24 001-573-015 409 Alvarado Street JMDJ Company 165 West Franklin Street Monterey, CA 93940 25 001-573-006 417 Alvarado Street Monterey Historical Development LLC 417 Alvarado Street Monterey, CA 93940 26 001-573-005 423 Alvarado Street Lou Sim & Chhor Manhao ET AL 25459 Carmel Knolls Drive Carmel, CA 93921 27 001-573-003 429 Alvarado Street Davi Anthony G TR PO Box 2350 Monterey, CA 93940 28 001-573-002 435 Alvarado Street Beck Stuart B & Ivancko D TRS PO Box 87 Monterey, CA 93942 29 001-573-012 439 Alvarado Street Davi Real Estate PO Box 2350 Monterey, CA 93940 30 001-574-011 447 Bonifacio Place Old Capitol Land Company PO Box 107 Monterey, CA 93940 31 001-574-028 449 Alvarado Street NTMA 16 LP 2 Dorey Way Monterey, CA 93940 32 001-574-029 459 Alvarado Street Saucito Land Company PO Box 87 Monterey, CA 93942 33 001-574-026 475 Alvarado Street Saucito Land Company PO Box 87 Monterey, CA 93942 34 001-574-005 479 Alvarado Street Saucito Land Company PO Box 87 Monterey, CA 93942 35 001-574-004 481 Alvarado Street Romeka Christina M TR ET AL PO Box 3311 Monterey, CA 93942 36 001-574-016 487 Alvarado Street Churchill Monica M TR 124 Soledad Drive Monterey, CA 93940 37 001-574-012 499 Alvarado Street ACV Associates 53 Skyline Crest Monterey, CA 93940

MAILING ADDRESS
ALVARADO MAINTENANCE DISTRICT 85-1
PART D
2022
Council Regular Meeting, 5/17/2022, Item No. 8., Item Page 11, Packet Page 104 ASSESSMENT DISTRICTS MAP.DWG SCALE: DEPARTMENT OF PLANS AND PUBLIC WORKS CITY OF MONTEREY NO. DATE REVISION DATE: SHEET: DESIGNED BY: DRAWN BY: CHECKED BY: CAD DWG NAME: TEL: 831.646.3921 WEBSITE: WWW.MONTEREY.ORG 580 PACIFIC STREET, MONTEREY, CA 93940 SHEET 1 OF 1 ALVARADO STREET PART E MAINTENANCE ASSESSMENT DISTRICT 85-1 ASSESSMENT DISTRICT 85-1 - PART E - ALVARADO ST - C1 SWJFG JFG C-1 APR 2, 2020 NOT TO SCALE 26 25 24 23 22 21 20 19 27 28 33 32 31 30 29 34 35 37 36 13 14 15 16 17 18 12 10 11 9 1 2 3 4 5 6 7 8CALLE PRINCIPAL ALVARADO STREET TYLER STREET

BONIFACIO PLACE

FRANKLIN STREET

DEL MONTE AVENUE PEARL STREET
PACIFIC STREET ASSESSMENT NUMBER ASSESSOR PARCEL NUMBER FRONTAGE (FT) 1 001-572-019 123.83 2 001-572-003 53.28 3 001-572-004 111.24 4 001-572-030 19.95 5 001-572-029 52.75 6 001-572-028 53.94 7 001-572-009 52.0 8 001-572-010 52.05 9 001-572-020 25.26 10 001-572-021 43.57 11 001-572-013 67.5 12 001-572-022 33.72 13 001-572-025 92.8 14 001-572-017 20 15 001-385-005 31 16 001-385-002 106.48 17 001-385-001 101.72 18 001-567-019 269.20 19 001-567-014 380.49 20 001-386-001 194.01 21 001-386-002 40 22 001-386-003 50 23 001-388-001 70.5 24 001-573-015 27.15 25 001-573-006 86.98 26 001-573-005 50 27 001-573-003 21 28 001-573-002 23.25 29 001-573-012 36.25 30 001-574-011 30 31 001-574-028 82.6 32 001-574-029 115.94 33 001-574-026 34.99 34 001-574-005 30 35 001-574-004 19.92 36 001-574-016 49.04 37 001-574-012 60.94 LEGEND ASSESSMENT DISTRICT BOUNDARY PROPERTY BOUNDARY # ASSESSMENT NUMBER PART E Council Regular Meeting, 5/17/2022, Item No. 8., Item Page 12, Packet Page 105 Council
Agenda Report
№08/22
FROM: Steve Wittry, P.E., Public Works Director
Prepared By: Cody Hennings, Engineering Technician
SUBJECT: Receive Calle Principal Street Maintenance District 00-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council:

1. Receive the attached Engineer's Report;

2. Adopt the attached Resolution of Intention to Levy Assessment;

3. Set public hearing for July 19, 2022.

This is a property-based district in which liability for the assessment is premised upon a person’s property ownership.

VALUE DRIVERS:

POLICY IMPLICATIONS:

This action continues a process the City has followed since 2000 that establishes an annual assessment to repair and maintain improvements, and to add to these improvements as necessary, to meet the original intent of the district's formation. The Calle Principal Street Maintenance District was formed under the 1972 Landscaping and Lighting Act (Streets & Highways Code section 22500 et seq.), which authorizes assessments to install, construct, and maintain landscaping, lighting, and park and recreational facilities, including graffiti removal.

This action supports the Council’s value drivers of “working to improve the quality of life of our residents,” and “ensuring a level of economic vitality sufficient to support our quality of life and municipal infrastructure requirements” by maintaining Calle Principal at a high standard conducive to commerce and public enjoyment of the downtown area Date: 5/17/2022
Item No.: 9.

Council Regular Meeting, 5/17/2022, Item No. 9., Item Page 1, Packet Page 106 FISCAL IMPLICATIONS:

The assessment district pays for maintenance costs above and beyond the usual maintenance costs to the benefitting property owners. General benefits to the public at large are not paid from special assessments. This year the property owners are requesting to continue the existing assessment of $0.74/foot/month. The total amount collected through assessments will be $25,243. The City of Monterey will be responsible for paying for the assessments for the City owned parcels within the district. Funds for this will come from:
 The Parking Fund for the Calle Principal garage and surface lot;  The General Fund for the park parcel frontage; and the City-owned portion of the assessment for 408 Alvarado Street (Monterey Hotel).

ENVIRONMENTAL DETERMINATION:

ALTERNATIVES CONSIDERED:

The City Council could decide not to proceed with the reassessment of this District. However, the assessment pays for maintenance of improvements that add to the character of the downtown area and support commerce.

DISCUSSION:

The staff recommendation continues a legal process, which began at the Council's meeting of March 15, 2022 when the Council ordered the preparation of the Engineer's Report to establish the annual assessment for the maintenance of Calle Principal Improvements. The Engineer’s Report separates the general benefits to the public at large from the special benefits the assessed parcels will receive. Property-based assessments may only be used to pay for the special benefits provided by the improvements and activities of a district, and may not be used to pay for general benefits. (California Constitution Art XIIID §4(a).) Therefore, the Engineer’s Report must separate and quantify the special and general benefits, and assess property owners only for the portion of the cost representing special benefits.

The Calle Principal Maintenance District 00-1 was established under the Streets and Highways Code of the State of California. The purpose of this District is to make minor improvements along the entire length of Calle Principal. All parcels that receive a special benefit have been identified and included in the District.

Council Regular Meeting, 5/17/2022, Item No. 9., Item Page 2, Packet Page 107 Staff met with the assessment district coordinator on April 8, 2022. At that meeting, staff presented the currently provided service and the following recommendations:

Current Assessment Services:
 Provides current level of service for sidewalk cleaning of (quarterly).  Includes charging City administrative cost for the assessment district.  Contractual costs include sidewalk cleaning, City administrative cost, and Assessment District Coordinator.

Members of the assessment district recommended continuing the current assessment level of $0.74/foot/month.

Upon receipt of the Engineer’s Report, staff recommends holding a public hearing on July 19, 2022 at 4:00 p.m. regarding the report. The approval process requires 45 days’ prior notice of a public hearing for this assessment. After the public hearing, if a majority protest is not received, Council will be asked to adopt a resolution certifying compliance with State law relating to the assessment prior to the County’s August 1, 2022 deadline. A majority protest is measured by the areas of the parcels owned by those who are not in favor of the assessment. A majority protest exists if 50% plus one of the record owners of the parcels subject to the charge submit a timely written protest. To be timely, the written protest must be submitted prior to the conclusion of the public hearing.

Accordingly, staff recommends that the City Council receive the attached Engineer's Report; adopt the attached Resolution of Intention to Levy Assessment; and set a public hearing for July 19, 2022.

SW/ch
Attachments: 1. Resolution

2. Engineer’s Report
e: Rick Johnson, Executive Director, Old Monterey Business Association 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, 5/17/2022, Item No. 9., Item Page 3, Packet Page 108 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22
RECEIVE CALLE PRINCIPAL STREET MAINTENANCE DISTRICT 00-1 ENGINEER'S REPORT; ADOPT A RESOLUTION OF INTENTION TO LEVY ASSESSMENT; AND SET

TIME FOR PUBLIC HEARING
WHEREAS, the Calle Principal Maintenance District was established in 2000 under the 1972 Landscaping and Lighting Act (Streets & Highways Code section 22500 et seq.), which authorizes the assessment to install, construct, and maintain landscaping, lighting, and park and recreational facilities, including graffiti removal on Calle Principal; WHEREAS, the cost of the improvements has been reasonably apportioned among the benefitted parcels, according to the special benefits;
WHEREAS, the Calle Principal Maintenance District has been renewed annually and has remained in effect since the establishment of the district; WHEREAS, all parcels that receive a special benefit are included in the district and the cost of the benefits are reasonably apportioned among the benefitted parcels according to special benefits;
WHEREAS, general benefits available to the public at large are not paid from special assessments;
WHEREAS, the Calle Principal Maintenance District funds maintenance, which contributes to a clean and safe environment conducive to commerce; 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:

1. The Engineer’s Report ordered by Resolution No. 22-022 C.S. has been submitted to the City Council and is accepted as submitted.

Council Regular Meeting, 5/17/2022, Item No. 9., Item Page 4, Packet Page 109 2 2. The Engineer’s Report is filed with the City Clerk.

3. The Council hereby declares its intention to levy and collect an assessment on the properties within the Calle Principal Maintenance District No. 00-1 as set forth in the Engineer’s Report. Said report may be referred to for further particulars.

4. The purpose of the assessment is for installation and maintenance of street improvements, miscellaneous street furnishings, and landscaping. There are no new improvements or substantial changes contemplated. This maintenance work will result in a special benefit to the properties assessed by upgrading street trees, and providing cleaning of sidewalks and litter pickup, which will invite and promote commercial use of the property.

5. A general description of the district boundaries is Calle Principal between Del Monte Avenue and Polk Street in the City of Monterey, County of Monterey, State of California.

The initial proceedings for formation of the district, on file in the office of the Clerk of the City of Monterey, are referred to for a detailed description of the district boundaries and improvements.

BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that a public hearing is set for July 19, 2022 at 4:00 p.m. in the Council Chamber, Few Memorial Hall of Records, City Hall, Monterey, California to consider the levy of said assessment. The assessment is subject a majority protest voting procedure. A majority protest is measured by the areas of the parcels owned by those who are not in favor of the assessment. Protest may be in writing only. All interested parties may also file a written comments with the Clerk of the City of Monterey prior to said hearing.

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, 5/17/2022, Item No. 9., Item Page 5, Packet Page 110 1 ENGINEER'S REPORT
CALLE PRINCIPAL MAINTENANCE DISTRICT 00-1
PROPOSED ASSESSMENT FOR FY 2022/2023
(Pursuant to the Landscaping and Lighting Act of 1972)
Steve Wittry, P.E., Public Works Director, Engineer of Work for the Calle Principal Maintenance District, City of Monterey, Monterey County, California, makes this report, as directed by the City Council, pursuant to Section 22585 of the Streets and Highways Code (Landscaping and Lighting Act of 1972).

The improvements, which are the subject of this report are briefly described as follows:

The maintenance and installation, including but not limited to, street improvements, landscaping and street furniture, cleaning of sidewalks, upgrading street trees, and litter pickup on Calle Principal between Del Monte Avenue and Polk Street, and side streets of Franklin Street and Bonifacio Plaza.

This report consists of five parts as follows:

PART A - An estimate of the cost of the improvements.

PART B - An assessment of the estimated cost of the improvements on each benefited parcel of land within the assessment district.

PART C - A statement of the method by which the undersigned has determined the amount proposed to be assessed against each parcel.

PART E - A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part B by assessment number.

Respectfully submitted,
Steve Wittry, P.E.

Engineer of Work
ATTACHMENT 2
Council Regular Meeting, 5/17/2022, Item No. 9., Item Page 6, Packet Page 111 2 ENGINEER'S REPORT
CALLE PRINCIPAL MAINTENANCE DISTRICT 00-1
(Pursuant to the Landscaping and Lighting Act of 1972)
The undersigned respectfully submits the enclosed report as directed by the City Council.

CLEMENTINE BONNER KLEIN, City Clerk
City of Monterey, Monterey County, California
By:___________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Monterey on the ________ day of ____________, 2022.

CLEMENTINE BONNER KLEIN, City Clerk
City of Monterey, Monterey County, California
By:___________________________
Council Regular Meeting, 5/17/2022, Item No. 9., Item Page 7, Packet Page 112 CALLE PRINCIPAL MAINTENANCE DISTRICT 00-1
Estimated Costs for FY 2021/2022
PART A
4/28/22

ACCOUNT ENGINEER'S BUDGET
Personnel
Salaries $6,520.93
Benefits $3,611.00
Retirement $4,476.16
SUB TOTAL $14,608.09
Operating supplies 4205 $425.00
Utilities 4211 $0.00
Contractual services 4220 $9,482.91
Vehicle rental 4248 $377.00
SUB TOTAL $10,284.91
Capital outlay-Special Projects 4285 $350.00
SUB TOTAL $350.00
Assessment cost TOTAL $25,243.00
$25,243.00
$0.74
Total Lineal Feet (LF) of Frontage = 2842.68 LF
Contractual 4220 $500.00
$2,000.00
$1,200.00
$5,782.91
SUB TOTAL $9,482.91
Capital Outlay / Special Project 4285 $350.00
SUB TOTAL $350.00
Sidewalk cleaning (4)
Assessment Dist Coordinator
City administrative cost
Other District improvements
Grounds maintenance
Basic Assessment District Cost: Provides current level of service for sidewalk cleaning and grounds maintenance, and allows the ability to pursue additional Capital Outlay.

Net amount to be assessed
Cost per LF/month
Council Regular Meeting, 5/17/2022, Item No. 9., Item Page 8, Packet Page 113 Assessment
Number Assessor Parcel Number
Calle Principal Frontage
(ft)
Percentage of Total
Calle Principal Frontage Annual Assessment
1 001-525-009 23 0.81% $204.24
2 001-525-006 40 1.41% $355.20
3 001-525-005 60 2.11% $532.80
4 001-525-022 53.3 1.87% $473.30
5 001-525-021 86.5 3.04% $768.12
6 001-525-003 42 1.48% $372.96
7 001-525-002 59 2.08% $523.92
8 001-525-020 146.1 5.14% $1,297.37
9 001-534-010 40.78 1.43% $362.13
10 001-534-009 85 2.99% $754.80
11 001-534-008 69.77 2.45% $619.56
12 001-534-007 69.77 2.45% $619.56
13 001-534-011 176.66 6.21% $1,568.74
14 001-535-001 60 2.11% $532.80
15 001-534-001 35 1.23% $310.80
16 001-534-003 50 1.76% $444.00
17 001-534-002 71.8 2.53% $637.58
18 001-384-003 303.7 10.68% $2,696.86
19 001-385-001 102.01 3.59% $905.85
20 001-385-002 138.47 4.87% $1,229.61
21 001-385-004 20.23 0.71% $179.64
22 001-385-0005 45 1.58% $399.60
23 001-572-017 20.31 0.71% $180.35
24 001-572-025 124.86 4.39% $1,108.76
25 001-572-013 69.16 2.43% $614.14
26 001-572-021 22.17 0.78% $196.87
27 001-572-020 35.58 1.25% $315.95
28 001-572-010 51 1.79% $452.88
29 001-572-009 50.99 1.79% $452.79
30 001-572-032 5.02 0.18% $44.58
31 001-572-031 122.56 4.31% $1,088.33
32 001-572-004 104.24 3.67% $925.65
33 001-572-003 61.75 2.17% $548.34
34 001-572-018 124.5 4.38% $1,105.56
35 001-571-004 32 1.13% $284.16
36 001-571-002 170.52 6.00% $1,514.22
37 001-571-001 69.93 2.46% $620.98
Totals 2842.68 100.00% $25,243.00
FY 22/23 Assessment will be $0.74/LF/month
CALLE PRINCIPAL MAINTENANCE DISTRICT 00-1
Annual Assessment for FY 2022/2023
Council Regular Meeting, 5/17/2022, Item No. 9., Item Page 9, Packet Page 114 PART B PART C

METHOD OF ALLOCATING COSTS ON THE BASIS OF BENEFIT
CALLE PRINCIPAL MAINTENANCE DISTRICT 00-1
FISCAL YEAR 2022/2023
The method utilized to allocate the costs associated with the benefits of the district shall be based upon lineal footage of frontage. The total cost necessary to be collected will be divided by the total frontage of the district. This will result in a cost per lineal foot. This amount will be multiplied by the lineal footage of each property frontage on Calle Principal.

The cost per lineal foot of frontage for the FY 2022/2023 is $0.74 per month.

Council Regular Meeting, 5/17/2022, Item No. 9., Item Page 10, Packet Page 115 # APN PARCEL ADDRESS OWNER NAME
1 001-525-009 232 Madison Street Panetta Joseph R 4028 Sunset Lane Pebble Beach, CA 93953 2 001-525-006 590 Calle Principal State of California 2211 Garden Road Monterey, CA 93940 3 001-525-005 580 Calle Principal Raven Path LLC PO Box 6 Pebble Beach, CA 93950 4 001-525-022 559 Calle Principal City of Monterey City Hall, Room 4 Monterey, CA 93940 5 001-525-021 559 Calle Principal Monterey Museum of Art PO Box 1551 Monterey, CA 93942 6 001-525-003 540 Calle Principal The House of the Four Winds Foundation PO Box 1408 Monterey, CA 93942 7 001-525-002 535 Pacific Street Monterey Masonic Temple Corporation 525 Pacific Street Monterey, CA 93940 8 001-525-020 464 Calle Principal State of California 2211 Garden Road Monterey, CA 93940 9 001-534-010 499 Pacific Street Rossman James M & Giovanna C TRS 700 Briggs 27 Pacific Grove, CA 93950 10 001-534-009 490 Calle Principal Coniglio Peter J TR ET AL 31 La Ranchria Carmel Valley, CA 93924 11 001-534-008 480 Calle Principal Coniglio Peter J TR ET AL 31 La Ranchria Carmel Valley, CA 93924 12 001-534-007 468 Calle Principal Craft Charles Nicholas TR ET AL PO Box 167 Carmel Valley, CA 93924 13 001-534-011 438 Calle Principal City of Monterey City Hall, Room 4 Monterey, CA 93940 14 001-535-001 426 Calle Principal Casa De Calle Principal INC ET AL 426 Calle Principal, Suite 203 Monterey, CA 93940 15 001-534-001 410 Calle Principal Middlebury Institute of International Studies 460 Pierce Street Monterey, CA 93940 16 001-534-003 414 Calle Principal Professional Building of Monterey PO Box 3080 Monterey, CA 93942 17 001-534-002 201 West Franklin Street Professional Building of Monterey PO Box 3080 Monterey, CA 93942 18 001-384-003 350 Calle Principal San Carlos Associates LLC 1111 Third Avenue, Suite 3030 Seattle, WA 98101 19 001-385-001 316 Alvarado Street JMDJ Company 165 West Franklin Street Monterey, CA 93940 20 001-385-002 351 Calle Principal Redevelopment Agency of Monterey City Hall, Room 4 Monterey, CA 93940 21 001-385-004 351 Calle Principal The City of Monterey 735 Pacific Street Monterey, CA 93940 22 001-385-0005 398 Alvarado Street Ordway Building LLC 888 Munras Avenue, Suite 200 Monterey, CA 93940 23 001-572-017 400 Alvarado Street JMDJ Company 165 West Franklin Street Monterey, CA 93940 24 001-572-025 417 Calle Principal PRI LLC 2905 Burton Drive Cambria, CA 93428 25 001-572-013 416 Alvarado Street Cattermoul Patricia TR & JMDJ Company 165 West Franklin Street Monterey, CA 93940 26 001-572-021 426 Alvarado Street FRE 553 LLC PO Box 5903 Carmel, CA 93921 27 001-572-020 432 Alvarado Street Silacci Family Investments LLC 110 John Street Salinas, CA 93901 28 001-572-010 434 Alvarado Street Teaby John & Moraz Andrea TRS 57 Castro Road Monterey, CA 93940 29 001-572-009 440 Alvarado Street Bonifacio Plaza Associates 801 Lighthouse Avenue, Suite 109 Monterey, CA 93940 30 001-572-032 449 Calle Principal Davi Anthony G TR PO Box 2350 Monterey, CA 93940 31 001-572-031 449 Calle Principal Davi Anthony G TR PO Box 2350 Monterey, CA 93940 32 001-572-004 464 Alvarado Street Wells Fargo Bank N A TR ET AL PO Box 87 Monterey, CA 93942 33 001-572-003 482 Alvarado Street Songs Dental Studio Inc 499 Calle Principal, Suite 4 Monterey, CA 93940 34 001-572-018 Calle Principal (Parking) City of Monterey City Hall, Room 4 Monterey, CA 93940 35 001-571-004 Calle Principal (Parking) City of Monterey City Hall, Room 4 Monterey, CA 93940 36 001-571-002 516 Polk Street Casa Amesti Foundation 516 Polk Street Monterey, CA 93940 37 001-571-001 565 Calle Principal Callahan Wesley N TR ET AL 575 Calle Principal Monterey, CA 93940

MAILING ADDRESS
CALLE PRINCIPAL MAINTENANCE DISTRICT 00-1
PART D
2022
Council Regular Meeting, 5/17/2022, Item No. 9., Item Page 11, Packet Page 116 ASSESSMENT DISTRICTS MAP.DWG SCALE: DEPARTMENT OF PLANS AND PUBLIC WORKS CITY OF MONTEREY NO. DATE REVISION DATE: SHEET: DESIGNED BY: DRAWN BY: CHECKED BY: CAD DWG NAME: TEL: 831.646.3921 WEBSITE: WWW.MONTEREY.ORG 580 PACIFIC STREET, MONTEREY, CA 93940 SHEET 1 OF 1 CALLE PRINCIPAL PART E MAINTENANCE ASSESSMENT DISTRICT 00-1 ASSESSMENT DISTRICT 00-1 - PART E - CALLE P - C1 SWJFG JFG C-1 APR 19, 2016 NOT TO SCALE 18 19 20 21 22 23 24 25 27 26 28 29 31 30 32 33 34 35 36 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 CALLE PRINCIPAL ALVARADO STREET

BONIFACIO PLACE

FRANKLIN STREET

DEL MONTE AVENUE

PEARL STREET
PACIFIC STREET LEGEND ASSESSMENT DISTRICT BOUNDARY PROPERTY BOUNDARY # ASSESSMENT NUMBER ASSESSMENT NUMBER ASSESSOR PARCEL NUMBER FRONTAGE (FT) 1 001-525-009 23 2 001-525-006 40 3 001-525-005 60 4 001-525-022 53.3 5 001-525-021 86.5 6 001-525-003 42 7 001-525-002 59 8 001-525-020 146.1 9 001-534-010 40.78 10 001-534-009 85.0 11 001-534-008 69.77 12 001-534-007 69.77 13 001-534-011 176.66 14 001-535-001 60 15 001-534-001 35 16 001-534-003 50 17 001-534-002 71.8 18 001-384-003 303.7 19 001-385-001 102.01 20 001-385-002 138.47 21 001-385-004 20.23 22 001-385-005 45 23 001-572-017 20.31 24 001-572-025 124.86 25 001-572-013 69.16 26 001-572-021 22.17 27 001-572-020 35.58 28 001-572-010 51 29 001-572-009 50.99 30 001-572-032 5.02 31 001-572-031 122.56 32 001-572-004 104.24 33 001-572-003 61.75 34 001-572-018 124.5 35 001-571-004 32.0 36 001-571-002 170.52 37 001-571-001 69.93

JEFFERSON STREET
POLK STREET 37

MADISON STREET
PART E
Council Regular Meeting, 5/17/2022, Item No. 9., Item Page 12, Packet Page 117 Council
Agenda Report
№08/22
FROM: Allyson Hauck, Human Resources Director
Prepared By: Gina Russo, Deputy Human Resources Manager SUBJECT: Amend Resolution 21-071 Changing the Position Control List by Adding One Overfill Human Resources Director Position in the Human Resources Department and Adding One Overfill Public Works Director Position in the Public Works Department through July 15, 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 amending resolution 21-071 changing the position control list effective as soon as administratively possible through July 15, 2022, by adding one overfill Human Resources Director position in the Human Resources Department, and adding one overfill Public Works Director position in the Public Works Department.

If the anticipated Human Resources Director and Public Works Director vacancies do not occur by July 15, 2022, then the persons occupying the overfill positions will be laid off. This is not anticipated as the City has received and accepted their resignations.

VALUE DRIVERS:

Utilizing overfill positions is consistent with the City Council’s value driver to “provide sufficient resources and support to develop, retain, and recruit a high-quality city workforce.” POLICY IMPLICATIONS:

Recognizing that our workforce is our greatest resource for providing the service our community deserves by providing city staff with the tools, resources, coaching, and feedback they need to perform well, this recommendation is consistent with City policy to ensure that critical City functions are adequately staffed.

FISCAL IMPLICATIONS:

The departments’ current budgets will fund the Human Resources Director and Public Works Director overfill positions through salary savings from other vacant positions and other unused funds. There will be no impact to the General Fund.

Human Resources Director Salary:

The time period for the Human Resource Director overfill is projected to be eight (8) working days. The pro-rated Salary and Benefits amount will be $5,754 and $2,889, respectively for a total cost of $8,642.

The time period for the Public Works Director overfill is projected to be twenty-one (21) working days. The pro-rated Salary and Benefits amount will be $16,417 and $8,242, respectively for a total cost of $24,659.

Date: 5/17/2022
Item No.: 10.

Council Regular Meeting, 5/17/2022, Item No. 10., Item Page 1, Packet Page 118 ENVIRONMENTAL DETERMINATION:

ALTERNATIVES CONSIDERED:

Council could decide that overfill positions are not required at this time.

DISCUSSION:

The City has historically used overfill positions to meet unusual and/or unique staffing needs. In this instance, both the Human Resources Director and Public Works Director have given their approximate resignation dates effective June 1, 2022 and July 15, 2022 respectively. The City is currently engaged in labor negotiations with all seven (7) bargaining units with all labor agreements set to expire June 30, 2022. Council has appointed the Human Resources Director as the Chief Negotiator for the City. During this critical time, it is important that the current Human Resources Director work with the incoming Human Resources Director for a short period of time to ensure that there is little impact on labor negotiations. The Public Works Department is currently overseeing multiple critical programs and projects that also require a seamless transfer of duties and oversight at the executive level. Therefore, in order to maintain a continuous level of service, with minimal disruption to operations, the two overfill positions are being requested to temporarily transition executive management within the respective departments.

Staff recommends adopting the attached resolution to amend the 21-071 Position Control List for the Human Resources and Public Works Department by approving one (1) temporary overfill of one Human Resources Director position and one (1) temporary overfill of one Public Works Director position as soon as administratively possible through July 15, 2022.

AH/gr
Attachments: 1. Resolution Amending Resolution 21-071
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, 5/17/2022, Item No. 10., Item Page 2, Packet Page 119 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
AMENDING RESOLUTION 21-071 CHANGING THE POSITION CONTROL LIST BY ADDING

ONE OVERFILL HUMAN RESOURCES DIRECTOR POSITION IN THE HUMAN

RESOURCES DEPARTMENT AND ADDING ONE OVERFILL PUBLIC WORKS DIRECTOR POSITION IN THE PUBLIC WORKS DEPARTMENT THROUGH JULY 15, 2022 WHEREAS, the City of Monterey would be better served by amending the 2021-2022 Position Control List contained in the Adopted Budget by adding one (1) overfill Human Resources Director and one (1) Public Works Director position as soon as administratively possible through July 15, 2022;
WHEREAS, the purpose of the two overfill positions is to transition the respective departments through the resignation of the two current Executive Management positions; WHEREAS, the annual salary for the Human Resources Director position is a base salary of $186,984 plus benefits in the amount of $93,866 for a total compensation of $280,850 per year and the time period for the Human Resource Director is projected to be eight (8) working days. The pro-rated Salary and Benefits amount will be $5,754 and $2,889, respectively for a total cost of $8,642;
WHEREAS, the annual salary for the Public Works Director position is a base salary of $203,256 plus benefits in the amount of $102,035 for a total compensation of $305,291 per year and the time period for the Public Works Director is projected to be twenty-one (21) working days. The pro-rated Salary and Benefits amount will be $16,417 and $8,242, respectively for a total cost of $24,659;
WHEREAS, if the anticipated vacancies do not occur by July 15, 2022, then the persons occupying the overfill positions will be laid off. This is not anticipated as the City has received and accepted their resignations;
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, 5/17/2022, Item No. 10., Item Page 3, Packet Page 120 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that 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.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby that Resolution 21-071 adopting the City of Monterey Budget for fiscal year 2021/2022 is hereby amended to increase staffing, appropriations, and estimated revenues as follows:

Department Adopted Amended
HUMAN RESOURCES ADMIN 101-0600
Human Resources Director .5 1.5 through 7/15/22
PUBLIC WORKS ADMIN 101-3110
Public Works Director 1 2 through 7/15/22
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, 5/17/2022, Item No. 10., Item Page 4, Packet Page 121 Council
Agenda Report
№10/13
FROM: Rafaela T. King, CPA, Finance Director
SUBJECT: Award Professional Services Contract for Independent Audit Services to Eide Bailly, LLP and Authorize the City Manager to Execute the Agreement. (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 awarding a contract for audit services to Eide Bailly, LLP, for a term of three years with an option to extend for two additional years, to perform annual year-end audits of the City’s financial records and reports and authorizing the City Manager to execute a contract.

VALUE DRIVERS:

This is consistent with the Council’s 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.” POLICY IMPLICATIONS:

An annual audit is consistent with the requirements set forth under Section 6.2 of the Monterey City Charter that the City’s fiscal record be audited annually by an independent certified public accountant.

FISCAL IMPLICATIONS:

The cost of the annual audit for each of the next three fiscal years is as follows:

Fiscal Year 2021/2022 2022/2023 2023/2024
Total (Not to Exceed) Cost for Fiscal Year $65,870 $67,847 $69,885 No contingencies are required as the amounts included in the proposals are all-inclusive, not-toexceed totals. Adequate funding for the first year under audit is included in the FY 2022-23 proposed budget. Amounts for the ensuing fiscal years will be included in each of the subsequent budget cycles.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 5/17/2022, Item No. 11., Item Page 1, Packet Page 122 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 choose not to enter into an agreement with Eide Bailly, LLP and instruct staff to consider an alternate firm or initiate and perform another Request for Proposal (RFP) process to solicit additional firms. This alternative is not recommended as Eide Bailly, LLP has submitted a satisfactory proposal that meets the City’s objectives.

DISCUSSION:

As required by the Charter, the City retains a certified public accounting firm on an annual basis to audit the financial records of the City, Joint Powers Financing Authority, and Presidio Municipal Services Agency, perform the Single Audit of federal funds, and perform agreed-upon procedures for the GANN Limit report. The City has been under contract with its current auditors, The Pun Group, for the last five years, which expires on June 30, 2022.

The Government Finance Officers Association (GFOA) recommends that at the end of the term of each audit contract, governmental entities should undertake a full-scale competitive process for the selection of independent auditors, to best ensure auditor independence. The GFOA also recommends that governmental entities enter into multiyear agreements of at least five years in duration when obtaining the services of independent auditors to allow for greater continuity and help to minimize the potential for disruption in connection with the independent audit.

On March 16, 2022, the Finance Department issued an RFP for three fiscal years beginning with fiscal year 2021-22, and optionally for two additional years. The RFP was completed using the City’s OpenGov procurement program and posted on the City’s website, as well as posting the notice on the California Society of Municipal Finance Officers (CSMFO)’s website inviting all firms to respond. Staff reviewed the qualifications of the firms that submitted proposals and invited all four firms to an oral interview with Finance Department Staff. References were checked for the top two finalists. Based on this review, staff recommends that Council approve the attached resolution authorizing an agreement with the accounting firm, Eide Bailly, LLP, to perform year-end audits of the City’s financial records at a cost not to exceed $65,870 in year one, $67,846.10 in year two, and $69,881.48 in year three. Eide Bailly, LLP demonstrated that they have the experience in auditing California cities and depth of resources and expertise to be successful. It is also recommended that staff be authorized to, upon continued satisfactory performance, renew the annual contract for two additional fiscal years.

RTK
Attachments: 1. Resolution
c: Ahmad Gharaibeh, CPA, Eide Bailly, LLP, 4040 Campbell Ave., Suite 200, Menlo Park, CA 94025-1053
Council Regular Meeting, 5/17/2022, Item No. 11., Item Page 2, Packet Page 123 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, 5/17/2022, Item No. 11., Item Page 3, Packet Page 124 RESOLUTION NO. __- ___ C.S.

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

AWARD PROFESSIONAL SERVICES CONTRACT FOR INDEPENDENT AUDIT SERVICES

TO EIDE BAILLY, LLP
WHEREAS, the Monterey City Charter, Section 6.2, requires that the City’s fiscal record be audited annually by an independent certified public accountant; WHEREAS, the current contract for audit services expires on June 30, 2022 and best practices recommend a rotation of auditors at least every five years in order to best ensure for audit independence;
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; and WHEREAS, staff issued a request for proposals, reviewed qualifications of respondents, completed interviews and reference checks and determined that Eide Bailly, LLP was the best qualified to perform audit services for the City;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby authorizes the City Manager, or designee, to execute a contract for annual independent audit services to Eide Bailly, LLP, for a term of three years with an option to extend for two additional years for a cost not to exceed $65,870.00 in year one, $67,846.10 in year two, and $69,881.48 in year three.

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:

Council Regular Meeting, 5/17/2022, Item No. 11., Item Page 4, Packet Page 125 2 ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 5/17/2022, Item No. 11., Item Page 5, Packet Page 126 Council
Agenda Report
№08/22
FROM: Karen Larson, Parks and Recreation Director
Prepared By: Shannon Leon, Recreation Manager
SUBJECT: Rescind the 2007 4th of July Lawn Party Vendor Rules and Regulations (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council rescind the 2007 4th of July Lawn Party Vendor Rules and Regulations.

This action would restore the Parks and Recreation Department’s discretion to plan the 4th of July event consistent with current practices for other community events.

VALUE DRIVERS:

This action also supports the 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.”
POLICY IMPLICATIONS:

The Parks and Recreation Department regularly plans and conducts community-wide events and programs and issues special event permits for a wide variety of community-sponsored events in City parks, beaches, and the recreation trail. This change would enable the Parks and Recreation Department to restore discretion and flexibility to staff and plan for a 4th of July event that is in alignment with current policies and practices. This will also enable staff to adjust the event as needed based on staff capacity, budget constraints, and current COVID-19 protocols.

FISCAL IMPLICATIONS:

The City has long supported a community-wide 4th of July Celebration. The July 4th activities on Colton Hall Lawn were prioritized due to the benefit to community members and families in lieu of a large City-provided fireworks display. The proposed change would allow the City to continue to provide the most economical event for the community and take into consideration existing staff capacity and resources. The July 4, 2022 event is fully funded in the FY22 budget.

Date: 5/17/2022
Item No.: 12.

Council Regular Meeting, 5/17/2022, Item No. 12., Item Page 1, Packet Page 127 ENVIRONMENTAL DETERMINATION:

ALTERNATIVES CONSIDERED:

Council could choose not to rescind the 4th of July Lawn Party Rules and Regulations or to revise these rules and regulations. The Parks and Recreation Department’s staffing and capacity is extremely limited due to COVID-19 budgetary impacts. By rescinding these outdated rules and regulations, staff will have the flexibility to quickly plan for July 4, 2022 and future 4th of July events. The Department has successfully planned special events and programs for the community using established internal policies and procedures for decades and event management best practices. This change would bring the 4th of July in-line with other City Parks and Recreation Department provided events and services.

DISCUSSION:

Prior to COVID-19, the Recreation Division was responsible for coordinating a family-friendly, City event on Colton Hall Lawn. In March 2007, the City Council approved the 4th of July Lawn Party Vendor Rules & Regulations, which are otherwise covered under other city policies, contracts, and permits. The regulations are also unduly restrictive on staff’s ability to contract with food vendors that are not non-profit organizations.

July 4th 2020 would have been the City’s 33rd annual 4th of July Celebration. The traditional “Lawn Party” took several months of staff planning and coordination as well as required all fulltime and part-time Recreation Division staff to work on the 4th of July holiday. Now the Recreation Division is in the process of rebuilding post-pandemic and no longer has the capacity to manage and staff such a large event which included City-provided and staffed entertainment, outside vendor entertainment, and non-profit food vendors.

Rescinding the current Lawn Party Rules and Regulations would allow for the Recreation Division to plan an event that is consistent with current staff capacity and established City and Department policies and procedures for special events while still providing an opportunity for community members to enjoy the 4th of July. The return of the event could, for example, allow for the option of food trucks, along with fully self-contained and experienced non-profit food vendors. These City-wide events help to foster a sense of community which has been missing due to the ongoing pandemic. Staff is excited for this opportunity to establish a “new normal” by Council Regular Meeting, 5/17/2022, Item No. 12., Item Page 2, Packet Page 128 reimagining a 4th of July event that is manageable, safe, and family-friendly under current COVID-19 conditions and staff capacity.

KL/sml
Attachments: 1. 2007 July 4th Lawn Party Rules and Regulations e: Parks and Recreation Commission
Louie Marcuzzo, Park Operations Manager
Andrea Willer, Sports Center Manager
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, 5/17/2022, Item No. 12., Item Page 3, Packet Page 129 ATTACHMENT 1
4TH OF JULY LAWN PARTY VENDOR RULES & REGULATIONS
LawnPartyVendorRulesRegulationsRevised3-05-07 03-05-07 1 1) Participation in the City of Monterey’s 4th of July Lawn Party is limited to nonprofit food booths and a designated area for voter registration. Each voter registration organization is limited to one card table and chairs, which they must provide. Food vendors must provide a non-profit Tax I.D. number. 2) Applications must be thorough and complete and submitted by the deadline set by the Recreation and Community Services Department.
3) Commercial advertising will not be permitted at or on the booths. 4) All profits must go directly to your organization.
5) Each organization must have a $1,000,000 (one million dollar) product liability insurance for this event. A copy of the policy must be provided to the Recreation and Community Services Department before July 1. Failure to provide the Recreation and Community Services Department with your product liability insurance by the deadline will void your participation in the City of Monterey’s 4th of July Lawn Party.
6) All participants, in consideration of participation in this event, agree to indemnify, hold harmless and release the City of Monterey, its agents and employees, from any and all liability for any injury or damage which may arise out of or in any way be connected with participation in the City of Monterey’s 4th of July Lawn Party. 7) The event takes place from 11:00 a.m. to 5:00 p.m. Food booths are to be open for the entire length of the event. All booths must be set up and supplies unloaded by 8:30 a.m. Pacific Street will be closed to all vendor vehicular traffic after 8:30 a.m. Please be prepared to clean-up your food booth as soon as the Lawn Party is over at 5:00 p.m. For safety reasons, vendors will not be allowed to bring any vehicles onto Pacific Street until after the Lawn Party is over and Pacific Street has been cleared of pedestrians.
8) Your organization is responsible for providing enough volunteers to manage your booth.
9) Alcohol is strictly prohibited. The City of Monterey’s 4th of July Lawn Party is an alcohol free event. Alcohol products are not sold and consumption of alcohol by volunteers will necessitate closure of your food booth. 10) Your organization is responsible for handling all monies at your event. Please make sure to provide enough change for the event.
11) Your organization is responsible for providing all necessary supplies to accompany your food product. As per City policy, no use of Styrofoam products are allowed.

Council Regular Meeting, 5/17/2022, Item No. 12., Item Page 4, Packet Page 130 ATTACHMENT 1
4TH OF JULY LAWN PARTY VENDOR RULES & REGULATIONS
LawnPartyVendorRulesRegulationsRevised3-05-07 03-05-07 2 12) Your organization will be accountable for properly disposing of all waste materials in appropriate receptacles. Waste materials include grease, charcoal, wastewater, food products, ice, boxes and cartons, etc. Your organization must separate trash from recycling. Recyclable items are metal (cans, etc.), aluminum, plastic, glass containers, and flattened cardboard. Recycling bins will be provided at designated locations. Do not leave any debris behind at the end of the days activities.
13) As food vendors, your organization must comply with the general requirements specified by the Health Department to operate a temporary food booth. By electing to participate in the 4th of July Lawn Party, vendors understand that they are responsible for all aspects as stipulated by the California Uniform Retail Food Facilities Law pertaining to temporary food facilities and/or vehicles. Please note that the GENERAL INFORMATION FOR FOOD AND BEVERAGE PERSONNEL must be posted in your food booth during the event. The Health Inspector may visit your booth during the event. Food handlers must wear rubber gloves. All food and beverages must be prepared/prepackaged at an approved facility, or on site. No home prepared food or beverages are allowed.
14) Depending on the status of your organization, you may be required by the State Board of Equalization to obtain a "One Day Seller's Permit." Once you receive your Temporary Seller's Permit, or notice of your exemption status, please notify the Recreation and Community Services Department of your permit number or exemption status before July 1. Failure to notify the Recreation and Community Services Department of your exemption status by the deadline will void your participation in the City of Monterey’s 4th of July Lawn Party. 15) If your organization does not have a food booth that meets the Health Department specifications, a rental booth can be provided for a fee. Tents are not acceptable as food booths. All rental fees must be paid by the application deadline set by the Recreation and Community Services Department.
16) Your booth must comply with the general requirements specified by the Monterey Fire Department including Fire Regulations for Portable Exterior Festival Cooking Booths and the Festival Cooking Booth Requirements Inspection Form. 17) If your food booth is located on the Colton Hall Lawn, and you are cooking at the event, you must cover the lawn beneath your cooking apparatus with an appropriate material (such as plywood) to protect it from damage. 18) Vendor Event Fee: A nominal fee will be charged to reserve a space for your booth. All vendor event fees must be paid by the application deadline set by the Recreation and Community Services Department.

Council Regular Meeting, 5/17/2022, Item No. 12., Item Page 5, Packet Page 131 ATTACHMENT 1
4TH OF JULY LAWN PARTY VENDOR RULES & REGULATIONS
LawnPartyVendorRulesRegulationsRevised3-05-07 03-05-07 3 19) Duplication of PRIMARY food items among vendors is not permitted. Sale items will be awarded on a first received, first choice basis. It is in your best interest to return your complete application package promptly.
20) Placement of food booths at the 4th of July Lawn Party will be determined by City staff and based on available space.
21) Final approval of your application will be based on your compliance with these rules and regulations as determined by the City of Monterey Recreation and Community Services Department.
22) Failure to follow the rules and regulations of the 4th of July Lawn Party may involve participants being declined entry in future events. Please follow the direction of Recreation and Community Services Department staff members.

Council Regular Meeting, 5/17/2022, Item No. 12., Item Page 6, Packet Page 132 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director SUBJECT: Authorize the City Manager to Execute an Economic Incentive Agreement with Lakshmi Hotel Partners Inc. in an Amount Not to Exceed $550,000 or 2% of the Total Project Cost for Construction of a New 42 Room Hotel to be Located at 2101 North Fremont Street for a Period to not Exceed Seven Years and Presentation of an Economic Development Subsidy Report Pursuant to Government Code Section 53083 Regarding the Proposed Economic Incentive (EIR will be Prepared for the Project)
RECOMMENDATION:

That the City Council adopt a Resolution authorizing the City Manager to execute an Economic Incentive Agreement with Lakshmi Hotel Partners Inc. in an amount not to exceed $550,000 or 2% of the total project cost for construction of a new 42 room hotel to be located at 2101 North Fremont Street and receive presentation of an Economic Development Subsidy Report pursuant to Government Code Section 53083 regarding the proposed economic incentive.

VALUE DRIVERS:

One of the City Council’s Value Drivers is 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.

In addition, a Strategic Priority is to: Support business retention and business attraction efforts through partnerships with local business, business associations, and the chamber of commerce.

The proposed Economic Incentive Agreement is intended to attract a new and improved hotel business consistent with the Council adopted Value Driver.

POLICY IMPLICATIONS:

The City of Monterey General Plan Economic Element includes policies to encourage added hotel rooms and facility upgrades. Specific programs include:

Program b.5.2. Encourage added hotel rooms within the limits of VAF zoning in order to increase Transient Occupancy Tax revenues.

Program b.5.3. Encourage hotel owners to upgrade their facilities.

FISCAL IMPLICATIONS:

The proposal is to enter into an Economic Incentive Agreement with Lakshmi Hotel Partners Inc.

The agreement would provide the developer a tax credit in years one (1) through seven (7) so the hotel can be constructed. After the initial seven (7) years, the City would capture 100% of the Transient Occupancy Tax (TOT), also known as Hotel Tax.

Date: 5/17/2022
Item No.: 13.

Council Regular Meeting, 5/17/2022, Item No. 13., Item Page 1, Packet Page 133 The TOT levied on transients occupying a visitor accommodation facility is 12% of the rent charged by the Owner. During the first year of the Hotel’s operation, the proposal is that the City will credit back to the Owner up to $100,000 of TOT remitted to the City. For years 2-7 of the Property’s operation, the City will credit back to Owner up to $75,000 annually of TOT remitted to the City. The credit back to Owner shall only apply to TOT collected by Owner and remitted to City over $125,000. The total credit received by Owner over the first seven (7) years of operation of the Property, which is the duration of the economic development subsidy, shall not exceed $550,000 or two-percent (2%) of the total project cost, whichever is lesser.

The estimated net tax gain to the City over a 40-year period is approximately $18,300,315 as reflected in the attached Economic Development Subsidy Report.

If the City Council denies the Hotel, this Incentive Agreement will have no fiscal impact.

ENVIRONMENTAL DETERMINATION:

An Environmental Impact Report (EIR) will be prepared pursuant to the California Environmental Quality Act (CEQA), and all costs and expenses related to the preparation of the EIR shall be borne by Owner, and not by the City. The City has not decided on the project and may approve, deny or approve the Hotel with mitigation measures when it is presented to the City Council for consideration.

ALTERNATIVES CONSIDERED:

The City could not enter into an Economic Incentive Agreement.

DISCUSSION:

The City is proposing to enter into an Economic Incentive Agreement with Lakshmi Hotel Partners, Inc. to enable construction of a 42-unit hotel at 2101 North Fremont Street. An Economic Development Subsidy Report has been prepared pursuant to Government Code Section 53083 (Attachment 2).

Background
Lakshmi Hotel Partners Inc. (Owner) submitted a use permit application to the City’s Planning Commission to redevelop the site located at 2101 North Fremont Street. The project site currently contains an 18 guest room hotel, restaurant, and parking. The hotel and restaurant have both been closed for approximately one year. The Owner intends to demolish the existing hotel and restaurant and construct a new 25,000 square-foot, 4-story, 42 guest room branded hotel and 42-space surface parking lot. The Planning Commission approved Use Permit UP20-0227 for the purposes of the Owner proceeding with the construction of the Avid Hotel.

Proposal
To incentivize the hotel’s development, the City is proposing to enter into an Economic Incentive Agreement with Lakshmi Hotel Partners, Inc. The TOT levied on transients occupying a visitor accommodation facility is 12% of the rent charged by the Owner. During the first year of the Council Regular Meeting, 5/17/2022, Item No. 13., Item Page 2, Packet Page 134 Hotel’s operation, City will credit back to the Owner up to $100,000 of TOT remitted to the City.

For years 2 through 7 of the Property’s operation, the City will credit back to the Owner up to $75,000 annually of TOT remitted to the City. The credit back to Owner shall only apply to TOT collected by Owner and remitted to City over $125,000. The total credit received by the Owner over the first seven (7) years of operation of the Property, which is the duration of the economic development subsidy, shall not exceed $550,000 or two percent (2%) of the total project cost, whichever is lesser.

The City estimates the following net fiscal gain to the community over the next forty years:

Table 1
Net Tax Revenue Accruing
CPI Adj
3%
Year 1 $250,000 $0 $250,000 ($100,000) $150,000
Years 2 - 7 $1,617,102 $48,513 $1,665,616 ($450,000) $1,215,616 Years 8 -10 $922,674 $27,680 $950,354 $0 $950,354
Years 11 -20 $3,739,441 $112,183 $3,851,624 $0 $3,851,624 Years 21 - 30 $5,025,495 $150,765 $5,176,260 $0 $5,176,260 Years 31 - 40 $6,753,846 $202,615 $6,956,461 $0 $6,956,461 Total $ 18,308,558 $ 541,757 $ 18,850,315 ($550,000) $ 18,300,315 Less Tax
Credit
Revenue to the
City
Anticpated TOT
w/Annual 3%
Operational
Year Anticpated TOT
Source: City of Monterey, 2022
The public benefit of this agreement include:
 Providing TOT credits back to the Owner would be the economic benefit that accrues to businesses and citizens of Monterey;
 Increased TOT will fund essential public services such as fire, police, recreation, library and general government services;
 The location of the proposed hotel in the North-Fremont business district represents the first major development in this area for more than 40 years. Recent City investments created new sidewalks, dedicated bike lanes, new center medians, and reconstructed street with the intent to revitalize this area. The current site consists of a closed restaurant and motel. The project would also be the first one to restore and rehabilitate Monterey’s existing inventory of smaller hotels and motels. The City hopes that the proposed AVID hotel will not only serve as a catalyst for a business district in need of investment but also as a model for other hotels and motels to upgrade their respective facilities.

To achieve these public purposes, staff recommends the City Council authorizes the City Manager, or designee, to execute an Economic Incentive Agreement with Lakshmi Hotel Partners Inc. in an amount not to exceed $550,000 or 2% of the total project cost for construction of a new 42 room hotel to be located at 2101 North Fremont.

Council Regular Meeting, 5/17/2022, Item No. 13., Item Page 3, Packet Page 135 Attachments: 1. Resolution

2. Economic Subsidy Report
e: Applicant
Property Owner, Lakshmi Hotel Partners Inc
Tony Lombardo
Kelly Violini, North Fremont Business Association
Casanova Oak Knoll Neighborhood Association
Villa Del Monte Neighborhood Association
Laguna Grande Neighborhood Association
Dianne Mahroom
Derric Oliver
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
5100995.1
Council Regular Meeting, 5/17/2022, Item No. 13., Item Page 4, Packet Page 136 RESOLUTION NO. ____ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
1 AUTHORIZING THE CITY MANAGER TO EXECUTE AN ECONOMIC INCENTIVE AGREEMENT WITH LAKSHMI HOTEL PARTNERS INC. IN AN AMOUNT NOT TO EXCEED $550,000 OR 2% OF THE TOTAL PROJECT COST FOR CONSTRUCTION OF A NEW 42 ROOM HOTEL TO BE LOCATED AT 2101 NORTH FREMONT
WHEREAS, Lakshmi Hotel Partners Inc. (Owner) submitted a use permit application to the City’s Planning Commission to redevelop the site located at 2101 North Fremont Street; WHEREAS, the site currently contains an 18 guest room hotel, restaurant, and parking; WHEREAS, Owner intends to demolish the existing hotel and restaurant and construct a new 25,000 square-foot, 4-story, 42 guest room branded hotel and 42 space surface parking lot;
WHEREAS, the Planning Commission approved Use Permit UP-20-0227 for the purposes of Owner proceeding with the construction of the Avid Hotel; WHEREAS, the City imposes a transient occupancy tax ("TOT") for temporary occupancy by transients occupying any Visitor Accommodation Facility, pursuant to Article 3 of Chapter 35 of City’s Municipal Code (the "Code");
WHEREAS, the existing guest room hotel and restaurant have been closed for almost 12 months and the property has not generated any TOT since June 2021, and the Avid Hotel is projected to generate substantial TOT;
WHEREAS, the development of the Avid Hotel would encourage other properties in the area to make improvements and provide new community benefits; WHEREAS, the terms of this specific TOT arrangement may provide certain credits back to the Owner of TOT remitted to the City;
WHEREAS, the TOT levied on transients occupying a visitor accommodation facility is 12% of the rent charged by the Owner. During the first year of the Property’s operation, City shall credit back to Owner up to $100,000 of TOT remitted to the City. For years 2-7 of the Hotel’s operation, the City shall credit back to Owner up to $75,000 annually of TOT remitted to the City. The credit back to Owner shall only apply to TOT collected by Owner and remitted to City over $125,000. The total credit received by Owner over the first seven (7) years of operation of the Property, which is the duration of the economic development subsidy, shall not exceed $550,000 or two-percent (2%) of the total project cost, whichever is lesser. Prior to the issuance of any Certificate of Occupancy, the Owner shall notify the City in writing of the total project cost to calculate and administer the TOT credit obligations; Council Regular Meeting, 5/17/2022, Item No. 13., Item Page 5, Packet Page 137 WHEREAS, the public purpose of providing such credits back to the Owner is the economic benefit that accrues to businesses and citizens of Monterey; WHEREAS, increased TOT will fund essential public services such as fire, police, recreation, library, and general government services;
WHEREAS, the location of the proposed hotel in the North-Fremont business district represents the first major development in this area for more than 40 years. Recent City investments created new sidewalks, dedicated bike lanes, new center medians, and reconstructed street with the intent to revitalize this area. The project will be also the first one to restore and rehabilitate Monterey’s existing inventory of smaller hotels and motels. The City hopes that the AVID hotel will not only serve as a catalyst for a business district in need of investment but also as a model for other hotels and motels to upgrade their respective facilities; WHEREAS, an Environmental Impact Report (EIR) will be prepared pursuant to the California Environmental Quality Act (CEQA), and all costs and expenses related to the preparation of the EIR shall be borne by the Owner, and not by the City. The Owner further agrees to pay all of the required application fees and costs associated with preparation of the EIR and compliance with CEQA; and
WHEREAS, the City Council of the City of Monterey has conducted a properly noticed public hearing pursuant to Government Code section 53083 and has duly considered all written and verbal testimony presented during the hearing.

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTEREY that is hereby authorizes the City Manager, or designee, to execute an Economic Incentive Agreement with Lakshmi Hotel Partners Inc. in an amount not to exceed $550,000 or 2% of the total project cost for construction of a new 42 room hotel to be located at 2101 North Fremont.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this 17th day of May, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
5100971.2
Council Regular Meeting, 5/17/2022, Item No. 13., Item Page 6, Packet Page 138 ATTACHMENT 2

CITY OF MONTEREY

ECONOMIC DEVELOPMENT SUBSIDY REPORT PURSUANT TO GOVERNMENT CODE SECTION 53083
2101 NORTH FREMONT STREET, MONTEREY, CA
The City of Monterey proposes to provide an Economic Development Subsidy pursuant to Government Code section 53083. The project site is located at 2101 North Fremont Street (the Property) and currently includes a closed 18 room hotel and restaurant. The Property owner proposes to demolish the existing hotel and restaurant and construct a new 25,000 square foot, 4-story, 42 guest room branded hotel and 42 space surface parking lot.

Beneficiary Name Lakshmi Hotel Partners, Inc.

Beneficiary Address 4258 Cesar Chavez St, San Francisco, CA 94131 Economic Development Subsidy Start and End Dates
The economic development subsidy will start on the first day of business operation and terminate seven years after the first day of business operation. The economic development subsidy will be memorialized in an Agreement that will be effective if approved by the City Council.

Description of Economic Development Subsidy
Monterey City Code section 35-11 establishes a Transient Occupancy Tax (TOT) for visitor accommodation facilities. Each transient is subject to and shall pay a tax of 12%. In summary, this means that hotel and motel guests pay 12% of the room rate in taxes which the hotel/motel then remits to the City. The proposed Economic Development Subsidy will credit the Owner TOT.

During the first year of the Hotel’s operation, City shall credit back to the Owner up to $100,000 of TOT remitted to the City. For years 2-7 of the Property’s operation, the City shall credit back to Owner up to $75,000 annually of TOT remitted to the City. The credit back to Owner shall only apply to TOT collected by Owner and remitted to City over $125,000. The total credit received by Owner over the first seven (7) years of operation of the Property, which is the duration of the economic development subsidy, shall not exceed $550,000 or two-percent (2%) of the total project cost, whichever is lesser. Before the issuance of any Certificate of Occupancy, the Owner shall notify the City in writing of the total project cost to calculate and administer the TOT credit obligations.

Economic Development Subsidy Public Purpose:

The existing hotel and restaurant have been closed for almost 12 months. The City has not received TOT since June 2021 from this site. TOT is the primary funding source for the City’s General Fund to provide a wide variety of essential community services such as fire, police, recreation, library, and general government services. In addition, 16% of the total TOT collected is allocated to the Neighborhood and Community Program established by the City Charter subsection 6.6(c) to improve the residential neighborhoods of the City and to provide for capital projects of community-wide benefit.

Council Regular Meeting, 5/17/2022, Item No. 13., Item Page 7, Packet Page 139 ATTACHMENT 2
As illustrated in the chart below, the total General Fund FY 2021-2022 revenue was estimated to be $79.02 million in the 2021-2022 budget. The top five revenues in FY 2021-2022 are TOT, fees & charges, property tax, sales tax and intergovernmental revenues. The chart below shows that the top 5 General Fund revenue sources make up more than 80% of the total General Fund revenues.

Table 1
Fiscal Year 2021-2022
General Fund Revenues by Source
These funding sources are not estimated to cover the City’s general fund costs. The 2021-2022 budget estimated the following shortfalls overtime:

Table 2
General Fund Estimates
Council Regular Meeting, 5/17/2022, Item No. 13., Item Page 8, Packet Page 140 ATTACHMENT 2
The City proposes to provide a TOT credit to the Owner to enable the hotel to be constructed.

Once operational, the hotel will dramatically increase TOT collected from the site over the project’s life. Increasing TOT is important to ensure the City’s long term fiscal viability.

The public purpose of providing such credits back to the Owner is the economic benefit that accrues to businesses and citizens of Monterey. Increased TOT will fund essential public services.

The location of the proposed hotel in the North-Fremont business district represents the first major development in this area for more than 40 years. Recent City investments created new sidewalks, dedicated bike lanes, new center medians and reconstructed street with the intent to revitalize this area. The project will be also the first to restore and rehabilitate Monterey’s existing inventory of smaller hotels and motels. The City hopes that the AVID hotel will not only serve as a catalyst for a business district in need of investment but also as a model for other hotels and motels to upgrade their respective facilities.

Net Tax Revenue Accruing:

The developer estimates that the Avid Hotel project will have an annual gross income of $3.5m3.8m based on average daily rates (ADR) and normalized historical occupancies that are in place with the comparable set in the marketplace. The City of Monterey estimates it will receive $250,000 annually based on the TOT rate of 12%. This does not include the additional taxes that are imposed on hotels by the City of Monterey such as the Conference Center Facilities District (CCFD) Tax that ranges from 0.8% to 4.15% depending on the location of the hotel. The AVID hotel would pay .8% CCFD tax. Additionally, there is a Tourism Improvement District Fund that ranges from $1.00-2.00 a night depending on their room. Based on the Monterey County Hospitality Association this brings the total tax rate to an equivalent of 15%.

Council Regular Meeting, 5/17/2022, Item No. 13., Item Page 9, Packet Page 141 ATTACHMENT 2
In summary, the net tax revenue accruing over a 40-year period is approximately $18,300,315 assuming a very conservative CPI.

Table 3
Net Tax Revenue Accruing
CPI Adj
3%
Year 1 $250,000 $0 $250,000 ($100,000) $150,000
Years 2 - 7 $1,617,102 $48,513 $1,665,616 ($450,000) $1,215,616 Years 8 -10 $922,674 $27,680 $950,354 $0 $950,354
Years 11 -20 $3,739,441 $112,183 $3,851,624 $0 $3,851,624 Years 21 - 30 $5,025,495 $150,765 $5,176,260 $0 $5,176,260 Years 31 - 40 $6,753,846 $202,615 $6,956,461 $0 $6,956,461 Total $ 18,308,558 $ 541,757 $ 18,850,315 ($550,000) $ 18,300,315 Less Tax
Credit
Revenue to the
City
Anticpated TOT
w/Annual 3%
Operational
Year Anticpated TOT
Net Number of Jobs Created:

The proposed 42 room hotel will generate an estimated 45 positions (34 full time positions and 11 part time positions, including:

Full time jobs (34 positions):

General Manager
Assistant Manager
Front Desk Manager
Front Desk Staff (8 persons)
Night Auditor
Housekeeping Manger
Laundry Attendant
Housekeepers (12 persons)
Houseman (2 persons)
Accountant
Controller
Maintenance (2 persons)
Revenue Manager
Director of Sales
Part time jobs (11 positions):

Front Desk Manager
Front Desk Staff (4 persons)
Night Auditors (2 persons)
Housekeepers (2 persons)
Maintenance (2 persons)
The City will issue a report on this subsidy within five years of its approval.

This document shall be available to the public and be posted on the City’s internet web site for the entire term of the subsidy.

Council Regular Meeting, 5/17/2022, Item No. 13., Item Page 10, Packet Page 142 ATTACHMENT 2
5100923.2
Council Regular Meeting, 5/17/2022, Item No. 13., Item Page 11, Packet Page 143 Council
No Agenda Report Memo
№08/22
FROM: Steve Wittry, PE, Public Works Director
Prepared By: Cody Hennings, Engineering Assistant
SUBJECT: Recognize National Public Works Week 2022 (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 presentation to recognize National Public Works Week 2022.

VALUE DRIVER:

ENVIRONMENTAL DETERMINATION:

DESCRIPTION:

For National Public Works
Week, many states,
provinces, cities/towns and
municipalities from across
North America come
together to celebrate with
official government
proclamations and
resolutions in honor of the
contribution Public Works
makes to their communities:
in planning, building,
managing and operating the
Date: 5/17/2022
Item No.: 14.

Council Regular Meeting, 5/17/2022, Item No. 14., Item Page 1, Packet Page 144 heart of our local communities and in building the quality of life. The American Public Works Association (APWA) announced "Ready and Resilient" as the theme for the 2022 National Public Works Week.

Public Works staff continued to perform essential functions during our response to COVID-19.

Public Works builds and maintains the City’s necessary infrastructure, supporting the health and economic vitality of the community, and helping create a great place to live. In the City of Monterey this includes our many divisions from engineering, construction management, environmental regulations, parking, general services, streets & utilities, harbor, and fleet services.

The City of Monterey’s largest department is the Public Works Department, comprised of six divisions working together to support the City’s infrastructure system:

Engineering, Construction Management, and Environmental Division.

This division provides engineering management of the public right-of-way, traffic engineering, civil engineering, administration of the Capital Improvement Program (CIP), Neighborhood Capital Improvement Program (NCIP) and projects assigned by the U.S. Army to the Presidio Municipal Services Agency (PMSA). The Division works with other agencies, utility providers, residents, project stakeholders, as well as other City departments, to ensure that information is coordinated in a smooth and timely fashion.

Parking
This division operates 31 parking facilities with approximately 3,500 off-street parking spaces. In addition to off-street parking spaces, there are over 3,000 on-street spaces in the Downtown, Cannery Row and Lighthouse areas of the City. The Parking Division works with businesses, residents, institutions and visitors alike to meet parking needs and to enhance pedestrian safety and smooth traffic flow, as well as to allow public transit and emergency vehicles to reach their destinations.

General Services
The General Services Division of the City of Monterey provides building maintenance and custodial services for all City buildings and facilities through cost effective repair, renovation and routine maintenance. The General Services Division also provides these same services to military partners. Monterey is proud to celebrate nearly 25 years of partnership with its military partners!

Street & Utilities
The mission of the Streets Division is to maintain the City of Monterey’s roadways, sanitary sewers, storm drains, signage, traffic signals, and related infrastructure. The Streets Division maintains 101 centerline miles of roadway, 104 miles of sanitary sewer, 43 miles of storm drain culverts, over 5,000 regulatory signs, and 56 signalized intersections. Streets crews are on standby, 24 hours a day, 7 days a week, 365 days a year to respond to sanitary sewer overflows, vehicle accidents where City infrastructure is damaged, and to support public safety.

Harbor
This division provides access to a variety of recreational, as well as commercial opportunities for residents and visitors alike in a scenic setting and to continue to improve services and infrastructure, allowing for even greater access to the area for fishing or leisure purposes.

Council Regular Meeting, 5/17/2022, Item No. 14., Item Page 2, Packet Page 145 Fleet Services
The Fleet Division of the Public Works Department is a fully functional, modern vehicle and equipment repair facility with certified technicians and up to date equipment. The mission of the Fleet Services Department is to provide for the maintenance of City owned vehicles/equipment.

The department’s emphasis will be to support the City Council’s priorities related to associated costs of ownership of all vehicles and equipment used in the everyday support of the City Employees to perform duties to help promote the expected quality of life for City residents.

The American Public Works Association (APWA) announced "Ready and Resilient" as the theme for the 2022 National Public Works Week.

An oral report will be presented at the meeting.

SW/ch
Attachments: 1. Proclamation
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, 5/17/2022, Item No. 14., Item Page 3, Packet Page 146 Office of the City Manager
Monterey, California 93940
Proclamation Recognizing

NATIONAL PUBLIC WORKS WEEK
May 15 - 21, 2022
WHEREAS, Public Works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of our citizens; and, WHEREAS, these infrastructures, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers and employees at all levels of government and the private sector, who are responsible for rebuilding, improving and protecting our nation's transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and,
WHEREAS, it is in the public interest of the citizens, civic leaders and children to gain knowledge of and to maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and, WHEREAS, the year 2022 marks the 6211d annual National Public Works Week sponsored by the American Public Works Association;
NOW, THEREFORE, BE IT PROCLAIMED THAT I, Clyde Roberson, Mayor of the City of Monterey, on behalf of the City Council and citizens, hereby recognize May 15 - 21, 2022 as NATIONAL PUBLIC WORKS WEEK, and thank the dedicated personnel of the Public Works Department for all they do to maintain to and enhance the City of Monterey.

Dated: May 15, 2022 Clyde Roberson, Mayor
ATTACHMENT 1
Council Regular Meeting, 5/17/2022, Item No. 14., Item Page 4, Packet Page 147 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Grant Leonard, AICP, Housing Analyst
SUBJECT: Receive Report and Provide Direction on Negotiations with Selected Affordable Housing Developers for 417 Figueroa Street, 442 Adams Street, 438 Calle Principal, 424 and 450 Madison Street, and 587 and 593 Van Buren Street (Exempt from CEQA per Article 20, Section 15378)
RECOMMENDATION:

That the City Council receive a report and provide direction on negotiations with selected affordable housing developers for four sites: 417 Figueroa Street, 442 Adams Street, 438 Calle Principal, 424 and 450 Madison Street, and 587 and 593 Van Buren Street.

VALUE DRIVERS:

These efforts would support the following Value Driver: Support efforts and policies that provide equitable access to affordable housing in Monterey and the region.

POLICY IMPLICATIONS:

Pursuing the development of affordable housing supports the City’s ongoing housing efforts, including those intended to serve extremely low, very low and low-income residents.

FISCAL IMPLICATIONS:

Negotiating an Exclusive Negotiating Agreement (ENA) requires substantial staff time and assistance of outside counsel. Funding for these activities will come from the City’s Community Development Block Grant fund and from the City’s Housing Successor Agency funds for affordable housing
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.

Date: 5/17/2022
Item No.: 15.

Council Regular Meeting, 5/17/2022, Item No. 15., Item Page 1, Packet Page 148 ALTERNATIVES CONSIDERED:

The Council may decide not to receive this update. The City Council could discuss price and terms of real property disposition in closed session.

DISCUSSION:

The City issued a Request for Proposals on July 20, 2020 to solicit proposals to develop Affordable Housing on four City owned properties. The properties were:
 The Harbor Yard located at 417 Figueroa Street
 Parking Lot 14 located at 442 Adams Street
 Calle Principal Parking Garage – 438 Calle Principal
 A portion of the City Hall Campus on Madison Street between Dutra and Van Buren Streets consisting of four properties (587 and 593 Van Buren Street and 424 and 450 Madison Street).

Proposals were accepted on October 2, 2020. On February 16, 2021, the Council selected First Community Housing as the preferred developer for 442 Adams Street, and Mid Pen Housing Corporation as the preferred developer for 417 Figueroa Street, 438 Calle Principal, 587 and 593 Van Buren Street, and 424 and 450 Madison Street. The Council also appointed Kim Cole, Janna Aldrete and Grant Leonard as negotiators and directed staff to develop exclusive negotiating agreements with the selected developers.

Since February 2021, staff has been working with Mid Pen Housing and First Community Housing to draft exclusive negotiating agreements for the Council to consider. Substantial progress has been made on drafting the ENAs, but three areas remain to be settled:
 Available water credits and meters for each site
 Funding for predevelopment costs
 Potential for a local preference policy
Water Restrictions
The California American Water Company (and by extension the City) remains under a State Water Resource Control Board (SWRCB) Cease and Desist Order (Order 95-10) to reduce water usage of the Carmel River. The continuing lack of water availability is the greatest impediment to development. The Request for Proposals noted that the selected developer needs to confirm existing water meter size and determine its adequacy for the project, and that the developer will be responsible for satisfying all water requirements and regulations associated with the development of the project site(s).

The City currently has a water credit balance of 5.2 acre-feet. The water needed to construct the approximately 150 units proposed at the four sites is 17.2 acre-feet, leaving the city short 12 acre-feet of water to develop all four sites.

In discussing the water issue with MidPen, the developer team proposed prioritizing the Madison/Van Buren site given that this site was previously used for housing, has four water meters, and has fewer development challenges than the Harbor Yard and the Calle Principal Garage. The Madison/Van Buren Street site could be developed to have 36 units of multifamily Council Regular Meeting, 5/17/2022, Item No. 15., Item Page 2, Packet Page 149 housing at a total water demand of 2.88 acre-feet of water. The site has multiple water meters but it is still unclear if an adequate meter exists to serve the property.

For the Adams Street Parking Lot, First Community Housing has proposed to have 50 units of multi-family housing. This would require 3.66 acre-feet of water. However, the Adams Street parking lot does not currently have a water meter, so development of the site is contingent on getting approval to use the City’s water meter at Jacks Park across the street or obtaining approval from the SWRCB to set a new water meter.

The total water required for the Madison/Van Buren Site and the Adams Street site is 6.54 acrefeet, which is 1.34 more than the City’s 5.2 acre-feet water credit balance.

With no new water source yet available to the Monterey Peninsula, the SWRCB Cease and Desist Order (Order 95-10) remains in effect. As such, the City is not able to pursue developing affordable housing that requires more water than is available in the City’s water credit balance.

The City may proceed with developing one of the sites that is within the available water credit balance, but staff recommends that development of the remaining three sites be paused until the SWRCB Cease and Desist Order (Order 95-10) is lifted or the City/developers are able to pursue and receive exemptions. So far, these efforts have not been successful.

Funding for Predevelopment Costs
There are several predevelopment items that need to be completed in order to move forward with developing the sites for affordable housing. These include items such as:
 Site appraisals
 Historic assessments
 Environmental review
 Soil reports
 Traffic studies
 Architectural drawings
The City has received funding from the State through the Permanent Local Housing Allocation (PLHA) grant program that is dedicated to predevelopment costs for affordable housing construction. The City has received an initial PLHA award of $116,419, of which 60% ($69,851) is dedicated to predevelopment costs for affordable housing construction. The PLHA funding is not sufficient to fund all the predevelopment costs, so the exclusive negotiating agreements will need to include cost sharing agreements with the developers to address how all the required predevelopment costs will be funded. Options available include financial contributions from the developers, pursuing additional state grant opportunities, or contribution of additional City funds, such as Community Development Block Grants or Successor Agency program income..

In summary, the City Council should consider the two projects and recognize that only one of the sites could be developed with the water available.

Local Preference Policy and City Employee Workforce Housing A local preference policy requires that preference be given to residents of Monterey and employees of the City of Monterey before considering applications from people who reside or Council Regular Meeting, 5/17/2022, Item No. 15., Item Page 3, Packet Page 150 work outside the City. The City does not have an adopted local preference policy, and it would need to go through an extensive process to develop one. This would include:

1. Conducting a detailed demographic study to determine the characteristics of the population that lives or works in Monterey, as well as the characteristics of the population that lives or works in the greater metropolitan area;

2. Structuring a policy that captures a diverse applicant pool (which sometimes means expanding the geographic area eligible for the preference countywide as opposed to just citywide); and

3. Preparing an evaluation of the potential composition of an affordable housing project under the policy. Detailed evidence gathering and careful evaluation are important factors in crafting a defensible policy.

Adopting a local preference policy may also impact what funding is available to develop the sites. For example, some funding sources may require the units be available to residents countywide or that only a portion of the units be subject to the local preference. Prior affordable housing developments in the City, such as the Van Buren Senior Housing project, have relied heavily on voucher program funding, which is not consistent with a local preference policy. As such, adopting a local preference policy may alter the funding strategy for these projects and potentially limit project feasibility.

Staff has discussed this issue with both First Community Housing and MidPen Housing, and both developers are open to working with the City to include a local preference if the City goes through the process of establishing a local formal policy. There are significant questions if the City would be able to establish a local preference policy due to the demographic differences between the City and region.

Staff also explored the idea of dedicating a portion of the units to workforce housing for City of Monterey employees, due to the fact that the high cost of living is effecting employee recruitment and retention at the City. However, through staff’s discussions with the developers, it is clear that employee workforce housing is an entirely separate type of project and it would not be compatible with the affordable housing projects as presented in response to the Request for Proposals. As such, the City will need to explore other options to address employee housing costs.

Conclusion
Progress has been made in developing the Exclusive Negotiating Agreements for both MidPen Housing and First Community Housing. At this time, additional policy direction is needed related to prioritizing the projects based on water availability, cost sharing for predevelopment costs, and consideration of a local preference policy.

KC/GL
e: Monterey Neighborhood Associations
Monterey Business Associations
Housing Outreach List
Council Regular Meeting, 5/17/2022, Item No. 15., Item Page 4, Packet Page 151 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, 5/17/2022, Item No. 15., Item Page 5, Packet Page 152 Council
Agenda Report
№08/22
FROM: Rafaela T. King, CPA, Finance Director
Nat Rojanasathira, Assistant City Manager
Hans Uslar, City Manager
SUBJECT: Primer on the Fiscal Year 2022-23 Budget (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council receive a primer on the Fiscal Year 2022-23 Budget.

VALUE DRIVERS:

This request is consistent with City Charter Section 6.3 Budget: “Based on the recommendation of the City Manager, the City Council shall adopt a budget estimating the revenues and expenditures for the City for the period covered.” This is a first look at the overall projected financial position for FY 2022-23 for Council consideration and feedback.

FISCAL IMPLICATIONS:

There is no cost to present this update.

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.

Date: 5/17/2022
Item No.: 16.

Council Regular Meeting, 5/17/2022, Item No. 16., Item Page 1, Packet Page 153 DESCRIPTION:

Overview
In February 2022, City Staff started the process of preparing the annual budget for the upcoming FY 2022-23. Department heads and their staff were charged with estimating revenues from their departmental programs. Due to the compounded changes stemming from the pandemic, staff level changes, Consumer Price Index (CPI) increases, and overall changes in services provided, departments were asked to start with a zero-based budget and build their expenditure budget from scratch based on their actual needs using the FY 2021-22 budget plus 3% as a baseline and guide.

Most recently, on March 1 2022, the City Council received a budget update highlighting the results of the audited numbers for FY 2020/21. Council was informed about expenditures as well as revenues for current FY 2021/22. A major component of Council’s mid-year budget adjustments were the allocation of one-time mid-year savings towards various fiscal reserves including the replenishment of funds for the fund of economic uncertainty. While the budget update in March was a “good news” budget report in the sense that the City is beginning to recover, it was also clear the City is not “out of the woods” on its fiscal, pension liability, and deferred maintenance/facility challenges. Two weeks later, on March 15, 2022, the City Council received a briefing about the City’s CalPERS Pension obligations, which are presently estimated at $173,694,057. For FY 2022/23 the City’s contribution towards CalPERS is projected to be approximately $15 million.

Finance staff has a solid grasp on expected revenues and is working diligently with the City Manager and Budget Team to balance the budget from the multiple requests competing for the same limited resources. As staff is developing the final draft budget proposal for Council’s review, input and approval, the City Council, staff, and community must be mindful of several aspects of budget projections and budgetary spending. The City’s budget challenge can be categorized into two types of challenges: “revenue challenges” and an “expenditure challenges”:

Revenue Challenges Expenditure Challenges
 Slower recovery than expected in
group and business travel
 Low demand equates to lower
revenues for Sports Center,
Conference Center
 High inflation could potentially lead to
less visitor spending coming to the
Monterey Peninsula
 Potential revenue losses due to War
in Ukraine, projected increases in
COVID-19 variants in fall/winter 2022
 Record inflation has increased costs
for supplies and goods needed to
deliver City services
 Significant deferred maintenance and
facility needs must be addressed now
(cannot continue to be postponed)
 Funding strategy for unfunded
pension liability (currently at $173.6M)
must be addressed
Council Regular Meeting, 5/17/2022, Item No. 16., Item Page 2, Packet Page 154 Revenue Challenges, continued
 Mandated 16% allocation of TOT
revenue towards the Neighborhood
and Community Improvement
Program (NCIP) restricts discretionary
budgeting abilities for City Council.

Expenditure Challenges, continued
 City must begin to fund facility
reserves for the library, sports center,
conference center, public safety
facility, fire stations, community
centers, other City facilities
 City continues to fund regional
destination marketing at 6% of Hotel
Tax (approx. $1.8 million)
 Currently, the City funds 75% of
trolley service plus additional General
Fund allocations to business districts
 Labor negotiations need to address
necessary Cost of Living Adjustment
salary increases for City employees.

Slow Return of Group Business Slows Growth in the Hospitality Sector The hospitality revenues generated through hotel tax (Transient Occupancy Tax) and sales tax will remain the City’s main revenue sources, accounting for approximately 48% of General Fund revenues. The projected revenues in the hospitality sector are based on the current visitor volume utilizing data from regional and state tourism research firms.

While leisure travel is strong on weekends, midweek occupancy remains lower than 2019 levels. Furthermore, a significant portion of Monterey’s hospitality revenues is based on group business (e.g., conferences, tradeshows, weddings, meetings, and special events) which support longer stays and drive sales tax. Group business remains a fraction of pre-2019 levels.

This is one reason why leisure-focused destinations such as Carmel-by-the-Sea are recovering more quickly than Monterey, which relies on both leisure and group business.

Uncertainty Looms Over Record Inflation, War in Ukraine, and COVID-19 While there are reasons to be hopeful about the City’s revenues, uncertainty still looms. Inflation has reached a 40-year record, which has affected goods, supplies, and services used by the City. Putin’s war in Ukraine has the potential to escalate to a world war. In early May, the Biden Administration warned that the United States could see 100 million coronavirus infections and a potentially significant wave of deaths this fall and winter due to new omicron subvariants.

Despite this uncertainty, the proposed budget will remain fairly optimistic.

If inflation worsens significantly, a world war erupts, or the pandemic causes severe drops in revenues, the City will likely need to utilize the City’s reserve funds and/or take other costcutting measures reminiscent of the early days of the pandemic.

Council Regular Meeting, 5/17/2022, Item No. 16., Item Page 3, Packet Page 155 Demand for Services Lag Behind in the Sports Center, Conference Center, and Library We also need to realize that the fear of COVID infections caused City’s customers to not return.

Our Sports Center has seen less than 50% of 2019 visitation levels return, thus resulting in corresponding losses in revenues. Paired with the “fixed” cost of operating a 30-year-old facility, we expect a financial contribution of $2.5M General Fund revenues allocated to just the Sports Center.

Similarly, while the leisure travel market has returned in full force, group sales and conference business are still lagging behind. Currently, we are at about 50% group business level when compared with 2019.

The Monterey Public Library has also seen a reduction in patrons. When compared to 2019 data, we have seen 50% of our library users return. And, as an additional data point, Monterey’s library still remains the region’s most sought-after public library with 50% of the patrons not residing or living in Monterey. The costs to operate the library for next FY are estimated to be around $2.8M.

For these reasons, staff will be recommending staffing levels for these facilities that are commensurate with demand, as well as best practices and benchmarks in their respective areas.

NCIP
The City’s Charter mandates an investment into the Neighborhood and Community Improvement Program (NCIP) of 16% of the hotel tax collected. The intent of the NCIP is to provide neighborhoods with a dedicated funding source for projects that would benefit residents.

Over the years, this unique and valuable program has funded many worthy projects that have been beneficial to the community. However, the funding of NCIP-initiated projects at its current level comes at the expense of funding rehabilitation projects that support the Library, Sports Center, community centers, police station, and fire stations. A long-standing challenge is that many NCIP projects are funded for construction, but expect maintenance of the project to be covered by limited General Fund dollars.

For FY 22/23 NCIP is projected to receive an allocation of funds of almost $5 million. In contrast, the projected General Fund allocation towards Capital Improvement Projects will only be between 10 to 20% of that ($500,000 to $1 million). Now might be time for our City residents to evaluate and discuss the funding formula and the City’s priorities and needs in order to reform this unique and valuable community engagement program established 37 years ago.

Funding Reserves, Facilities, and Unfunded Liability
The City’s selected path to allocate funding towards our various reserves needs to continue.

The need for facility renovation or retrofitting is immense, with a total unfunded price tag exceeding $100M. We need to remain mindful of the concept of “Intergenerational Equity” as we allocate taxpayer dollars. Stated simply: we need to stop “kicking the can down the road.” It would be financially irresponsible (and unfair to future generations of taxpayers) to inadequately fund reserves for facility needs. While some cities designate as much as 10% to 15% of their Council Regular Meeting, 5/17/2022, Item No. 16., Item Page 4, Packet Page 156 General Fund operating budgets for capital improvements, the City of Monterey has historically designated a fraction (as little as 1%) of General Funds for this purpose. This means that very little if any funding is available when City facilities need significant rehabilitation or repair.

Key assets of our City include the Monterey Sports Center (MSC), the Monterey Library, and our Conference Center. The capital needs of those facilities alone are adding significant pressure on our General Fund. For example, right now, the Sports Center is in immediate need of more than $2.5M in capital replacement costs. In the case of the MSC, the City Council allocated at mid-year $750,000 towards the facility reserve, but that is not enough to address immediate needs in the community facility.

Other key assets of our City include the future replacement of the Public Safety building at the corner of Madison and Pacific Streets and the replacement/rehabilitation of three fire stations.

Lastly, as Council recalls, the Board of Library Trustees shared with the community their vision and expectations for a new, state-of-the-art library. Somehow, we will need to address these capital needs as well.

Investments in the Hospitality Sector Continue
The City’s investment into the hospitality sector will remain strong and significant with an overall investment of more than $2 million towards a variety of purposes.

The most significant direct investment into the hospitality sector is the City’s funding of the Monterey County Convention & Visitors Bureau (MCCVB) at a formula equal to 6% of TOT, (hotel tax). This is estimated to total $1.8 million in funding for the region’s Destination Marketing Organization1
Staff will be recommending to continue funding MCCVB at the 6% of TOT level in FY 2022/23, but this level of funding may not be sustainable in the long term. With other neighboring cities funding the MCCVB at 3% of TOT, the City must ensure that its contributions beyond the standard TOT funding rate of 3% are directly benefitting the City of Monterey.

In addition to destination marketing, the City carries more than 75% of funding for trolley service along the Old Monterey, Cannery Row, and New Monterey Business Districts, and Fisherman’s Wharf. In FY 2018/19 the City’s costs for the trolley services were in excess of $602,136 without offsetting revenues.

Other core City services support the hospitality sector and visitors to the region well in excess of $2 million, including Parks and Recreation (including the Monterey Bay Coastal Recreation Trail, beaches, and parks), Public Works (streets, roads, sewers, parking), Public Safety (police and fire services), and other services.

This does not include justified requests to increase staff and service levels in certain areas, such as public restroom cleaning and maintenance in visitor-serving areas such as Cannery 1 Per agreement with the MCCVB, annually, and for a length of 20 years, $350,000 of the investment is being returned to the City to help pay for the construction costs of the rehabilitated Monterey Conference Center. The net contribution of the City towards the MCCVB is therefore approximately 4.9%.

Council Regular Meeting, 5/17/2022, Item No. 16., Item Page 5, Packet Page 157 Row, Old Monterey, Fisherman’s Wharf, San Carlos Beach Park, Coast Guard Pier, Municipal Wharf 2, Monterey Bay Coastal Recreation Trail, and El Estero Park.

Recognizing the City’s ongoing multi-million dollar investments in hospitality marketing and visitor-serving amenities, the City is unable to afford ongoing contributions to business districts.

Staff proposes reclaiming the City’s voluntary contributions to business districts to support City operations and services in these districts.

Expenditures Increase Due to Inflation, Increased Costs Inflation will put additional needs and pressure on our operational accounts. Like our businesses and residents, the City also sees increased costs in purchasing the supplies necessary to operate and maintain our infrastructure. Supply chain issues are real and range from getting white paint for crosswalks to replacing police patrol cars. In many instances, costs have risen more than twofold. These additional costs for supplies and services have increased expenditures across City departments.

Labor Negotiations with Employee Bargaining Units
Employee expenses represent consistently the City’s largest expense, and rightfully so, because City government is in the business of providing services to the community. Currently, the City is negotiating with all seven bargaining units. Our employees have expressed their expectations for cost of living adjustments given the rising costs of housing, fuel, and other goods.

One of the City’s strategic priorities is to “provide fair, competitive, and market-rate compensation to employees through effective labor negotiations.” Our future budget needs to consider the new labor agreements that provide competitive wages and benefits to successfully recruit and retain employees. During the pandemic, our employees were classified as essential employees and thanks to their efforts, Monterey remained a safe and functional City. Our proposed budget needs to recognize our workforce as well.

City staff is looking forward to a robust discussion about the City’s finances.

RTK/HU/NR
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, 5/17/2022, Item No. 16., Item Page 6, Packet Page 158

Monterey City CouncilMay 17, 2022

Monterey City Council
May 17, 2022