Agenda packet — Monterey City Council, June 7, 2022

Council Chamber, 580 Pacific
St., and Zoom Teleconference
Monterey, California
City Council Agenda
Council Regular Meeting
Tuesday, June 7, 2022

AMENDED AGENDA
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):
 Join on a computer or smartphone: https://montereyorg.zoomgov.com/j/1607729333 An up-to-date version of the Zoom software must be used.
 Or join by telephone: Dial 833-568-8864 (Toll Free), 669-254-5252 (Campbell, Calif.) or 646-828-7666 (New York, NY). If one number doesn’t work, please try another.
 Enter Webinar ID: 160 772 9333 #
 If prompted to enter a participant ID, press #
 To “raise your hand” dial *9. Once called upon, dial *6 to unmute.  Need more help using or updating Zoom? Read our ZoomGov Meeting Instructions.
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. Receive a Presentation Regarding the Status of the Waterfront Parking Lot Resurface/Stripe Project Phase 2 - Marina Lot (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061 6/7/2022 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 17, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)

3. May 25, 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.

4. 1st Reading by Title Only to Add Monterey City Code Section 22-26.6 to Prohibit Sitting or Lying Down on the Floor Inside Public Restrooms (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Resolutions
RESOLUTIONS are passed to express the policy of the Council on certain items or programs, or are passed to direct certain types of administrative action. A resolution may be changed by adoption of a subsequent resolution. Resolutions only require one reading and are approved when "passed and adopted."

5. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period June 18, 2022 through July 8, 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)

6. Award a Contract to Hope Services in an Amount Not to Exceed $25,000 to Maintain Trash Cans and Abate Litter and Appropriate $11,000 for the Service (Not a Project Under CEQA Article 20 Section 15378 and under General Rule Article 5, Section 15061)

7. Amend Resolution 20-012, the Construction Contract with Cosco Fire Protection, Inc., for the Wharf II Fire Suppression Replacement Project by Increasing the Contract Amount from to $1,920,000 to $3,674,000 (Exempt from CEQA 6/7/2022 4:00:00 PM
3 Requirements per Article 19, Section 15301, Class 1, and Section 15331, Class 31) ***CIP***

8. Adopt a Resolution to Authorize the Purchase of Four (4) 2022 Ford Police SUV Interceptors in the Amount of $209,442.36 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

9. Amend Resolution 21-061, the Construction Contract with Granite Construction Company for the USAG POM Pavement Repair 2018 Project for Presidio Municipal Services Agency Projects, by Increasing the Contract Amount from $4,043,713.20 to $4,193,713.20 (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080) ***PMSA***

10. Establish the 2022-23 Appropriation Limit (Gann Initiative) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

11. Amend and Restate Resolution 22-010, the Schedule of Hourly Rates for Temporary / Seasonal Part-Time Positions, to Modify Hourly Rates for the Support Analyst Position (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Other

12. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 380 Alvarado Street, Suites 101 and 201; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mia Cruz (Bliss Boutique); Under Negotiation: Terms and Conditions for Lease Amendment (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

13. Appoint Agency Labor Negotiators Pursuant to Government Code Section 54957.6 for Labor Negotiations with 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)

14. Receive Mayor’s Recommendations and Make Appointments to the Board of Library Trustees, Disabled Access Appeals Board, and Neighborhood and Community Improvement Program Committee (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, 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).)
6/7/2022 4:00:00 PM
4 15. Levy Assessment to Fund the North Fremont, New Monterey, and Cannery Row Business Improvement Districts (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

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

16. Recognize June 2022 as LGBTQ Pride Month and Authorize Pride Flag Display at City Hall for the Month of June 2022 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)

17. Authorize the Mayor to Sign an Open Letter to Congress for Sensible Federal Legislation to Curb Gun Violence (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
*** Adjourn to Closed Session (See additional agenda) *** Council will adjourn to closed session no later than 5:00 p.m.

RECESS 5:30 p.m.

RECONVENE
*** 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

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.

18. Presentation on the Preliminary FY2022/23 Operating 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 6/7/2022 4:00:00 PM
5 make a brief report on his or her activities. In addition, Council may provide a referral to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any City matter (G.C. 54954.2).

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

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
№07/19
FROM: Steve Wittry, PE, Public Works Director
Prepared By: Cristie Steffy, Parking Superintendent
SUBJECT: Receive a Presentation Regarding the Status of the Waterfront Parking Lot Resurface/Stripe Project Phase 2 - Marina Lot (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 regarding the status of the Waterfront Parking Lot Resurface/stripe project phase 2 – Marina Lot
VALUE DRIVER:

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

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.

DICUSSION:

Staff will make a presentation to the City Council regarding the status of the Waterfront Parking Lot Resurface/Stripe Project Phase 2 - Marina Lot.

The City Council approved the Waterfront Parking Lot Resurface/Stripe/ADA Phase 2 in FY20 as a continuation of the Waterfront Parking Lot improvements to the Marina Lot. The Waterfront Area Improvement Project is a series of projects intended to enhance parking and circulation needs to visitors of the Monterey Harbor and Waterfront, including Old Fisherman’s Wharf, Custom House Plaza, Municipal Wharf 2, Monterey Municipal Beach, and surrounding areas.

Staff has prepared this update to make Council aware of changes to the project that will improve the parking operations to better serve visitors and tenants.

Date: 6/7/2022
Item No.: 1.

Council Regular Meeting, 6/7/2022, Item No. 1., Item Page 1, Packet Page 6 The Waterfront Area Improvement Project is a phased improvement plan that, once completed, will rehabilitate failing pavement, improve pedestrian safety and lighting, traffic flow and circulation and provide environmental improvements. The plan has been divided into three phases: the Waterfront Parking Area completed in 2019, the Marina Lot, currently under design, scheduled for construction in winter 2022, and the East Depot Lot (implementation in 2024).

On June 15, 2021, the City Council received a presentation and a schematic design of the proposed layout of the Waterfront Parking Lot Resurface/Stripe Project – Phase 2 – Marina Lot (Figueroa Street to the Harbormaster Office). Subsequently, staff met with a variety of stakeholders including the Coastal Commission, Business Districts and community members.

During the outreach meetings, issues were identified with the current automated gate system (TIBA) in the Waterfront Lot. While the TIBA system has proved to be successful within the parking garages, there are some logistical challenges in the Waterfront area application.

Staff re-evaluated the opportunities and constraints with the original design that was presented to Council last year. In response to feedback from stakeholders, staff has altered the configuration of the lot and recreation trail to better meet the needs of the City, stakeholders and public. Further, staff seized on the opportunity to expand the self-pay parking throughout both lots for a consistent user experience within the Waterfront area as well as all other paid surface lots within the City.

The design took into consideration the needs of all users and provides one user experience across both lots. The layout was prepared using boat trailer turning movements and maximized the parking accessibility. The redesign of the parking lot creates an opportunity to relocate and widen the recreational trail in the area between Figueroa and Washington streets. By relocating the trail crossing, the City will be reducing pedestrian and bicycle exposure to vehicles and eliminating the existing multi-lane at the Figueroa exit of the parking lot providing for a safer and more comfortable experience for trail users. The relocation of the recreation trail will also include raised crossings and rectangular rapid flashing beacon warming systems, which improve pedestrian and bicycle visibility and access.

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, 6/7/2022, Item No. 1., Item Page 2, Packet Page 7

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF MONTEREY
Tuesday, May 17, 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, Assistant City Manager, City Attorney, Community Development Director, Public Works Director, Police Chief, Parks and Recreation Director, Finance Director, Fire Chief, Library Director, City Clerk, Interim Recreation and Community Services Manager, Traffic Engineer, Parks Operations Manager, Sports Center Manager, Traffic Engineer, Senior Engineer, Police Lieutenant
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.
***Afternoon Session Agenda ***

CALL TO ORDER
Mayor Roberson called the meeting to order at 4:01 p.m. City Clerk Klein explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance.

She called the roll with the full Council present with a combination of in-person and teleconference attendance, as highlighted above.

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) Action: Received update
Catherine Stedman, Central Coast Community Energy ("3CE"), gave the presentation and answered Councilmembers' questions.

Public comment was received from Nina Beety, who had a number of questions relating to environmental review, smaller-scale projects that could have a lesser environmental impact, nuclear, and battery storage safety concerns.

Ms. Stedman answered these questions, explaining that nuclear power is not part of 3CE's portfolio and that environmental review is conducted relating to energy purchases, and she said that there are technologies looking at air compression and water as alternative ways of storing energy. She encouraged the public to participate in 3CE meetings and said that the board is open to ideas including talking with developers of cutting edge technology.

Date: 6/7/2022
Item No.: 2.

Council Regular Meeting, 6/7/2022, Item No. 2., Item Page 1, Packet Page 8 City Council Minutes May 17, 2022
2 The Council requested that Ms. Stedman return to 3CE's policy board asking them to look at incentives and policies relating to small-scale renewables. It was proposed that this request could potentially come in the form of a resolution. It was stated that the bills could be easier to understand and that it is a goal to reach 100% 3CE participation by ratepayers in Monterey.

PUBLIC COMMENTS
Public comment on non-agendized matters was received from: Rick Johnson and Jhonrico Carr. City Attorney Davi clarified that there is not a Planning application pending for Mr. Carr at this time.

CONSENT ITEMS
Councilmember Williamson requested to pull Item 12 from Consent. Councilmember Smith stated he would abstain from Item 9 due to his office's location in the Calle Principal area.

Public comment on the Consent Items was not received.

On a motion by Councilmember Williamson, seconded by Mayor Roberson, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS, minus Item 12, and with Councilmember Smith abstaining on Item 9:

2. May 3, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)
Action: Approved
Ordinances

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
Action: Adopted Ordinance No. 3651 C.S.

Resolutions

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)
Action: Adopted Resolution No. 22-052 C.S.

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) Action: Adopted Resolution No. 22-053 C.S.

Council Regular Meeting, 6/7/2022, Item No. 2., Item Page 2, Packet Page 9 City Council Minutes May 17, 2022
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)
Action: Adopted Resolution Nos. 22-054, 22-055, and 22-056 C.S.

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)
Action: Adopted Resolution No. 22-057 C.S.

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) Action: Adopted Resolution No. 22-058 C.S.

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) Action: Adopted Resolution No. 22-059 C.S. (4-0-1, Councilmember Smith abstaining)

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)
Action: Adopted Resolution No. 22-060 C.S.

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) Action: Adopted Resolution No. 22-061 C.S.

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) Action: Pulled from Consent; Rescinded 2007 4th of July Lawn Party Vendor Rules and Regulations
On question from Council, City Manager Uslar said that by allowing food trucks to join the event in addition to non-profit food vendors, which he said would assist with logistics in relation to sufficient food and staffing.

It was stated by Council that these events are very important to non-profits and that any nonprofits who want to participate should be able to participate, and requested that in the future, a report would be appreciated to consider future practices.

On a motion by Councilmember Williamson, seconded by Mayor Roberson, and carried by the following vote, which was conducted by roll call, the City Council rescinded the 2007 4th of July Lawn Party Vendor Rules and Regulations:

Council Regular Meeting, 6/7/2022, Item No. 2., Item Page 3, Packet Page 10 City Council Minutes May 17, 2022
4 AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
*** End of Consent Agenda ***

PUBLIC HEARING

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)
Action: Held public hearing; Adopted Resolution No. 22-062 C.S.

Community Development Director Cole gave the staff presentation.

Public comment was received from: Mary Pendlay, who expressed concern about the size of the project and the concept of offering an incentive; Esther Malkin, who expressed concern about giving up transient occupancy tax ("TOT") dollars; Nina Beety, who expressed concern that affordable housing was not being incentivized; and Anthony Lombardo, representing Lakshmi Hotel Partners, who spoke in favor of the proposal, and stated that the property is zoned for visitor accommodation and it would take a vote of the people to use the property for a different use.

Council discussed the matter. It was stated that affordable housing projects and renter issues are a priority, and that this proposal will assist with revitalization of the North Fremont area in line with the North Fremont Specific Plan. It was stated that in general, government subsidizing private enterprise is not easy to accept and would be opposed if the City were being asked to prefund the project, but it was stated that what made this proposal palatable was the fact that the property is currently generating zero revenue for the City because it is closed, and is likely to continue to generate zero revenue if it is not developed. It was stressed that the normal planning approvals process will allow plentiful opportunities for robust public participation.

On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 22- 062 C.S 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 for a Period not to Exceed Seven Years:

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) *** Council Regular Meeting, 6/7/2022, Item No. 2., Item Page 4, Packet Page 11 City Council Minutes May 17, 2022
5 RECESS 5:30 p.m.

The Council recessed at 5:31 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. *** Evening Session Agenda ***

PLEDGE OF ALLEGIANCE
Mayor Roberson led the Pledge.

CONTINUED PUBLIC COMMENTS
Continued public comment on non-agendized matters was received from Nina Beety and Lorna Moffat. City Clerk Klein reminded the public that they are welcome to speak on non-agendized matters in the afternoon or the evening, but not both.

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) Action: Recognized National Public Works Week 2022
Engineering Assistant Hennings gave the staff presentation highlighting the work done by the hardworking staff in the Public Works department.

Public comment was not received.

PUBLIC APPEARANCE (EVE)

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)
Action: Directed staff to pursue affordable housing developments at the Madison/Van Buren Streets (highest priority) and Adams Street (lower priority) sites, and expressed an interest in further considering a local preference policy and the potential to contribute other available funds
Housing Analyst Leonard gave the staff presentation and asked for additional policy direction related to prioritizing the projects based on water availability, cost sharing for predevelopment costs, and consideration of a local preference policy.

Public comment was received from Sarah Vaccaro and Geoffrey Morgan on behalf of First Community Housing, and Vanessa Diffenbaugh, Mid Pen Housing, who all spoke about their proposed development projects. All speakers answered Councilmembers' questions together with Betsy Wilson, Mid Pen Housing.

Council Regular Meeting, 6/7/2022, Item No. 2., Item Page 5, Packet Page 12 City Council Minutes May 17, 2022
6 On question from Council regarding the zone anticipated to experience sea level rise, Community Development Director Cole stated that Del Monte Avenue is a good boundary to consider, and that in the long term the site that will be most likely to experience issues with sea level rise would be the location on Figueroa Street if or when Lake El Estero floods.

On question from Council, City Manager Uslar clarified that amount of water credits available to the City is currently 5.2 acre-feet but to build all the sites out would require closer to 17 acrefeet of water. He agreed that it would make sense to look into water reuse in conjunction with the Monterey Sports Center.

Public comment was received from Laurie Eavey, Sustainable Monterey and Sustainable Monterey County, shared thoughts on graywater and sustainability and requested that the City keep the community garden at the Van Buren/Madison site or find another space for a community garden; Curt Tipton expressed concern about building affordable housing at the Harbor site due to risks of sea level rise and tsunamis; Barbara Meister, Monterey Bay Aquarium, who said it is imperative to do all the City can and be creative; Adam Pinterits, Monterey County Assocation of Realtors, urged the City to reconsider the local preference matter, citing complications; Elouise Shim, who said that the application process for affordable housing is challenging and urged the City to require transparency about affordable housing decisions; Esther Malkin, who stressed that official grant fund sources require rock-bottom poverty and that many people do not qualify through federal parameters also need access to affordable housing; and Kevin Dayton, Monterey Peninsula Chamber of Commerce, who stressed that the community needs affordable housing and thanked City officials for making efforts to try to correct the situation.

The Council discussed the matter. Regarding site preferences, priority was expressed for going forward with the Madison and Van Buren Street sites, citing existing blight issues, sufficient water, and the proximiy to existing affordable housing. The Council also expressed an interest in the Adams Street site, but with a lower priority than the Madison/Van Buren sites, and noted that perhaps through conservation there would be ways to expand the potential water credits.

Regarding funding, it was stated that the City should consider contributing funds such as Community Development Block Grant ("CDBG") and/or Successor Agency moneys.

The concept of the local preference policy was discussed, with thoughts shared on applying the policy to those who live in Monterey and those who work in Monterey, but it was also stated that if such a policy would be detrimental and make a project not go forward, it is not a dealbreaker.

It was considered how to formulate a local preference model so that it would benefit residents who have been in Monterey long-term.

It was stated that it is the City's goal to remove the Cease and Desist Order regarding water availability, and it was urged that City officials stand by that. A policy question was posed for a future discussion: to consider selling the Adams Street site if the City can't build a project there.

It was stated that a great deal of commercial property exists and that private employers need to start looking at their properties and considering housing needs. It was stressed that home ownership is a priority when working toward the goal of affordable housing.

The Council recessed at 9:20 p.m. and reconvened at 9:36 p.m.

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)
Action: Received report, Discussed
Council Regular Meeting, 6/7/2022, Item No. 2., Item Page 6, Packet Page 13 City Council Minutes May 17, 2022
7 City Manager Uslar and Finance Director King gave the staff presentation and answered Councilmembers' questions.

Public comments were received from: LisAnne Sawhney, The Whiskey Club, who requested a study session on business issues and requested an amendment of Ordinance 3503 to extend the certain times to at least 11 p.m., and asked questions about the City's handling of its financial obligations such as the Sports Center and pensions; Rob O'Keefe, Monterey County Convention and Visitors Bureau ("MCCVB"), who stressed the importance of investing in the tourism market and said that significant dollars that go right back from MCCVB to renovation costs and marketing for the Monterey Conference Center; Eloise Shim, who proposed that businesses could host homeless individuals overnight and receive incentives in exchange; Kevin Dayton, Monterey Peninsula Chamber of Commerce ("MPCC"), who highlighted and praised the collaboration between MPCC and the City during the extensive pandemic response; and Mitchel Sawhney, The Whiskey Club, who shared safety concerns expressed by employees regarding walking at night in downtown Monterey.

The Council made brief comments. It was stated that the City needs to help the MCCVB advertise the Monterey community in order to continue to have important tourist revenue flow into the City. It was stated that the Monterey Sports Center ("MSC") needs to be marketed to get the center back to a position where it can carry itself. It was stated that cannabis retail may provide further revenue. Concern was expressed regarding the amount of funding available to the Capital Improvement Program (CIP) versus the Neighborhood and Community Improvement Program (NCIP). , City staff was requested to come back with further information having "drilled down deeper" on MSC numbers and on details of where new spending is going.

It was posed that programs like Recreation and MSC could better pay for themselves if the City brought back some mroe of the people who deliver the programs.

COUNCIL COMMENTS
None made.

CITY MANAGER REPORTS
None made.
*** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed session at 10:45 p.m.

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

ADJOURNMENT
Council Regular Meeting, 6/7/2022, Item No. 2., Item Page 7, Packet Page 14 City Council Minutes May 17, 2022
8 The Council adjourned at 11:40 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
City Clerk Mayor
Council Regular Meeting, 6/7/2022, Item No. 2., Item Page 8, Packet Page 15

MINUTES

CITY COUNCIL SPECIAL MEETING

CITY OF MONTEREY
Wednesday, May 25, 2022
4:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST., AND ZOOM TELECONFERENCE

MONTEREY, CALIFORNIA
Councilmembers

Present: Albert*, Smith*, Williamson*, Roberson (arrived at 4:18 p.m.)*

Absent: Haffa
* Attended remotely by teleconference
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Community Development Director, Public Works Director, Parks and Recreation Director, Finance Director, Fire Chief, City Clerk, Systems Analyst, Associate Planner, Fire Division Chiefs (2), Fire Captains (2), Fire Engineer, Fire Prevention Technician, Administrative Assistant (Fire) 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. 22-052 C.S.

CALL TO ORDER
Vice Mayor Smith called the meeting to order at 4:00 p.m. City Clerk Klein called the roll, with Councilmembers Albert, Smith, and Williamson present by Zoom teleconference, and Councilmember Haffa and Mayor Roberson absent. Vice Mayor Smith stated that Mayor Roberson would arrive shortly.

PRESENTATIONS

1. Receive a Presentation from Citygate Associates, LLC, on the Community Risk Assessment / Standards of Cover Study Training (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Received presentation
Fire Chief Panholzer introduced Stewart Gary and Sam Mazza with the firm Citygate Associates, LLC, who conducted the study. Mayor Roberson arrived at 4:18 p.m. during the presentation. Mr. Gary answered Councilmembers' questions.

City Clerk Klein explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance. Public comment was received from Elouise Shim, who asked questions relating to personnel and staffing; and Pat Moore, Monterey Fire Fighters Association, who expressed appreciation for participating in the process.

On question from the public, City Manager Uslar said that the City is in compliance with hiring standards and rules. He clarified that the stations are fully staffed with firefighters and operational personnel, and that the recommendations rightfully pointed out functions in the City's Fire Department Administration that need to be calibrated. Fire Chief Panholzer reiterated that the Fire Department is compliant with all regulations.

Date: 6/7/2022
Item No.: 3.

Council Regular Meeting, 6/7/2022, Item No. 3., Item Page 1, Packet Page 16 City Council Minutes May 25, 2022
2 The Council discussed the study, noting links between development, services, and the budget.

On question from Council, City Manager Uslar stated that next steps will include evaluating and working on the policy recommendations, staffing and coverage issues.

ADJOURNMENT
The Council adjourned at 5:48 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
City Clerk Mayor
Council Regular Meeting, 6/7/2022, Item No. 3., Item Page 2, Packet Page 17 Council
Agenda Report
№08/22
FROM: David J. Hober, Police Chief
SUBJECT: 1
st Reading to Add Monterey City Code Section 22-26.6 to Prohibit Sitting or Lying Down on the Floor Inside Public Restrooms (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council introduce by title only, waive full reading, and pass a first reading of an ordinance to prohibit sitting or lying down on the floor inside public restrooms.

VALUE DRIVER:

In collaboration with our community partners, work to improve the quality of life of all of our community members by fostering diversity, equity, and inclusion; championing equitable access to affordable housing; and maintaining a safe environment.

POLICY IMPLICATIONS:

This action is consistent with City policy to ensure Monterey maintains a safe environment.

FISCAL IMPLICATIONS:

There are no fiscal impacts above normal staff time.

ENVIRONMENTAL DETERMINATION:

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

ALTERNATIVES CONSIDERED:

The City could choose not to enact a new ordinance at this time, in which case individuals will continue to sit or lie down inside public restrooms as there are no enforcement tools available to prevent this conduct.

Date: 6/7/2022
Item No.: 4.

Council Regular Meeting, 6/7/2022, Item No. 4., Item Page 1, Packet Page 18 DISCUSSION:

The City of Monterey strives to maintain its public restrooms in a clean and sanitary condition for use by residents, visitors, and staff. There are 33 public restrooms in the City, and they are cleaned regularly to avoid creating a menace to public health.

Unobstructed public access to toilet facilities is imperative to help prevent people from defecating and urinating in public. Public restrooms are occasionally inhospitable due to individuals sitting or lying down on the restroom floors, blocking access to toilet stalls or sinks.

City staff are also unable to properly clean restroom facilities when individuals are sitting or lying down on restroom floors. Lying down or sitting on restroom floors are not compatible uses of a restroom, and existing laws that prohibit loitering in public restrooms do not adequately address the safety hazards, disruption, and deterrence to users of public restrooms caused by persons sitting or lying down on restroom floors.

Passage of this ordinance will provide the Monterey Police Department with a tool to deter people from sitting and lying on the floor inside public restrooms. The Monterey Police Department will have the discretion to enforce this rule. The violator may be issued a warning, an administrative citation, or be cited with an infraction or misdemeanor charge. Public restrooms and sinks should remain accessible for use to ensure public health and safety.

Attachments: 1. Draft Ordinance
e:

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19
ADDING MONTEREY CITY CODE SECTION 22-26.6 TO PROHIBIT SITTING OR LYING

DOWN ON THE FLOOR INSIDE PUBLIC RESTROOMS
THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:

SECTION 1:

WHEREAS, the City of Monterey has 33 public restrooms, and it strives to maintain its public restrooms in a clean and sanitary condition;
WHEREAS, the floors of public restrooms are to be maintained, so far as practicable, in a dry condition, free of solid or liquid wastes, garbage, rodents, insects, and vermin to avoid creating a menace to public health;
WHEREAS, unobstructed public access to toilet facilities and sinks is imperative to protecting public health and welfare. Public restroom use helps to prevent people from defecating and urinating in public;
WHEREAS, public restrooms are occasionally inhospitable due to individuals sitting or lying down on the restroom floors, which blocks public access to toilet stalls or sinks. It also interferes with City staff from being able to properly clean restroom facilities. Lying down or sitting on the restroom floor are incompatible uses of a public restroom; WHEREAS, present laws that prohibit loitering in public restrooms do not adequately address the safety hazards, disruption, and deterrence to users of public restrooms caused by persons sitting or lying on restroom floors; and
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

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

NOW THEREFORE, the Monterey City Council declares as follows:

SECTION 2: The foregoing recitals are adopted as findings of the City Council as though set forth fully herein.

Council Regular Meeting, 6/7/2022, Item No. 4., Item Page 3, Packet Page 20 2 SECTION 3: Monterey City Code, Chapter 22, Article 1, Section 22-26.6, “Sitting or Lying on Public Restroom Floor” is hereby added to read as follows:
“(a) Prohibited. To protect public health and safety, no person shall sit or lie on the floor inside a public restroom.
(b) Exceptions. The prohibition in subsection (a) of this section shall not apply to any person whose conduct arises out of a medical emergency.”
SECTION 4: All ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 5: This ordinance shall be in full force and effect thirty (30) days from and after its final passage and adoption.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 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, 6/7/2022, Item No. 4., Item Page 4, Packet Page 21 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 June 18, 2022 through July 8, 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 June 18, 2022 through July 8, 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: 6/7/2022
Item No.: 5.

Council Regular Meeting, 6/7/2022, Item No. 5., Item Page 1, Packet Page 22 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 June 17, 2022 (the expiration date of Resolution No. 22-052 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 May 17, 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 June 17, 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, 6/7/2022, Item No. 5., Item Page 2, Packet Page 23 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 May 14, 2022, as reported by the CDC on May 31, 2022.
 According to Monterey County’s COVID-19 Biweekly Update updated on June 2, 2022, the COVID-19 case rate in Monterey County is 19.1 cases per 100,000 people with a test positivity rate of 8.2% (7-day average for both statistics), with 16 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 July 8, 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, 6/7/2022, Item No. 5., Item Page 3, Packet Page 24 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 JUNE 18 THROUGH JULY 8, 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, April 19, 2022, and May 17, 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 inperson 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 May 14, 2022, as reported by the CDC on May 31, 2022;
WHEREAS, according to Monterey County’s COVID-19 Biweekly Update updated on June 2, 2022, the COVID-19 case rate in Monterey County is 19.1 cases per 100,000 people with a test positivity rate of 8.2% (7-day average for both statistics), with 16 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, 6/7/2022, Item No. 5., Item Page 4, Packet Page 25 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 and adopted as findings of the City Council as if fully set forth herein. 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 July 8, 2022.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 6/7/2022, Item No. 5., Item Page 5, Packet Page 26 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Janna Aldrete, Property Manager
SUBJECT: Award a Contract to Hope Services in an Amount Not to Exceed $25,000 to Maintain Trash Cans and Abate Litter and Appropriate $11,000 for the Service (Not a Project under CEQA Article 20 Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution to:

1. Award a contract to Hope Services in an amount not to exceed $25,000 per year to maintain trash cans and abate litter; and

2. Appropriate $11,000 of Tidelands Funds to Professional Services account 807-400- 4300-0000-4240 for these services on Wharf 1 and Wharf 2.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

City of Monterey Code Section 28-16 allows the City Council to award contracts for services or projects of up to $1,000,000 in value to a nonprofit organization qualified under Sections 501(c)(3) and 501(c)(6) of the Internal Revenue Code without having to undergo a competitive bid or request for proposal process. Hope Services qualifies as a 501(c)(3) nonprofit organization.

FISCAL IMPLICATIONS:

The City is proposing a contract in an amount not-to-exceed $25,000 per year with Hope Services to maintain trash cans and abate litter on Wharf 1, Wharf 2 and along Alvarado Street.

A new appropriation is required from the Tidelands Fund ending balance of $11,000 to maintain the trash cans and abate litter on Wharf 1 and Wharf 2. An existing appropriation to the Parks Division budget will provide funding for services along Alvarado Street.

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 Date: 6/7/2022
Item No.: 6.

Council Regular Meeting, 6/7/2022, Item No. 6., Item Page 1, Packet Page 27 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 provide this service or the City Council could direct staff to issue a Request for Proposals and entertain bids for this service.

DISCUSSION:

Hope Services is a nonprofit agency that strives to improve the quality of life for individuals with developmental disabilities. The City Council previously authorized a contract with Hope Services in January 2018 to wipe down the exterior of City trash cans and pick up litter. The current contract will expire July 1, 2022 and all funds previously appropriated will be expended by the end of May 2022.

The program cost is $75.00 per hour for four program participants and a supervisor. Program participants clean Wharf 1, Wharf 2, and Alvarado Street once per week. The total program cost for FY23 is estimated to be approximately $17,000 ($11,000 for Wharves 1 & 2 and $6,000 for Alvarado Street). Staff is requesting the new contract be in an amount not-to-exceed $25,000 annually to allow for increases in the hourly rate as the program continues to develop. Staff is requesting the appropriation to continue services through FY23. Future appropriations will be included in the City budget.

Hope Services has done a wonderful job helping to improve the appearance of Monterey’s downtown and waterfront. Staff recommends the City Council award a new contract to Hope Services for an annual not-to-exceed amount of $25,000, authorize the City Manager to execute the contract, and appropriate $11,000 from the Tidelands Fund to Professional Services account 807-400-4300-0000-4240. An existing appropriation to the Parks Division budget will provide funding for services along Alvarado Street.

JA/ad
Attachments: 1. Resolution
e: Karen Larson, Parks and Recreation Director, City of Monterey Louie Marcuzzo, Parks Operations Manager, City of Monterey Freya Childers, Program Coordinator, Hope Services
Old Monterey Business Association
Fisherman’s Wharf Association
Wharf II Businesses
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, 6/7/2022, Item No. 6., Item Page 2, Packet Page 28 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22
AWARD A CONTRACT TO HOPE SERVICES IN AN AMOUNT NOT TO EXCEED $25,000 TO MAINTAIN TRASH CANS AND ABATE LITTER AND APPROPRIATE $11,000 FOR THE

SERVICE
WHEREAS, Hope Services is a nonprofit agency that strives to improve the quality of life for individuals with developmental disabilities;
WHEREAS, the City proposes to enter into a contract with Hope Services to wipe down the exterior of City trash cans and abate litter on Wharf 1, Wharf 2 and along Alvarado Street; WHEREAS, City of Monterey Code Section 28-16 allows the City Council to award contracts for services or projects of up to $1,000,000 in value to a nonprofit organization qualified under Sections 501(c)(3) and 501(c)(6) of the Internal Revenue Code without having to undergo a competitive bid or request for proposal process; WHEREAS, Hope Services qualifies as a 501(c)(3) nonprofit organization; WHEREAS, this collaboration furthers the City’s goal to have a clean community and improve the visual quality of the City;
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

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

1. Awards a contract to Hope Services to maintain trash cans and abate litter;

2. Authorizes the City Manager to execute a contract for an amount not-to-exceed $25,000 per year; and

3. Appropriates $11,000 from the Tidelands Fund to Professional Services account 807-400-4300-0000-4240 for services on Wharf 1 and Wharf 2.

Council Regular Meeting, 6/7/2022, Item No. 6., Item Page 3, Packet Page 29 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 6/7/2022, Item No. 6., Item Page 4, Packet Page 30 Council
Agenda Report
№08/22
FROM: Steve Wittry, PE, Public Works Director
Prepared By: Andrea Renny, Interim City Engineer
SUBJECT: Amend Resolution 20-012, the Construction Contract with Cosco Fire Protection, Inc., for the Wharf II Fire Suppression Replacement Project by Increasing the Contract Amount from to $1,920,000 to $3,674,000 (Exempt from CEQA Requirements per Article 19, Section 15301, Class 1, and Section 15331, Class 31) ***CIP***
RECOMMENDATION:

That the City Council amend Resolution 20-012 to approve Amendment 1 to the contract with Cosco Fire Protection, Inc. for the Wharf II Fire Suppression Replacement Project, increasing the contract amount from $1,920,000 to $3,674,000, which will increase the contract by $1,754,000 plus an additional 10% ($367,400) for unforeseen construction contingencies, for a total authorization of up to $4,041,400.

VALUE DRIVERS:

POLICY IMPLICATIONS:

This project is consistent with the City Council’s Quality of Life Strategic Priorities to "recognize that public safety is a priority to ensure that our City is safe and welcoming to all, contributing to our economic vitality as a destination City" and to "prepare for emergencies and community resiliency."
FISCAL IMPLICATIONS:

One (1) bid was received and opened by the Finance Director’s designee on December 17, 2019 as follows:

Bidder Base Bid
Cosco Fire Protection, Inc. $1,920,000
Engineer’s Estimate $1,500,000
Basis of award for this project was based on the Total Base Bid plus Additive Alternate Bid schedules taken in order up to the funding amount; however, due to available funding at the time, staff recommended award of the Base Bid only.

Date: 6/7/2022
Item No.: 7.

Council Regular Meeting, 6/7/2022, Item No. 7., Item Page 1, Packet Page 31 Original Project Construction Estimate:

Construction Contract $1,920,000
Construction Contingency (10%) $ 192,000
Original Estimated Construction Cost $2,112,000
Construction Management (City Staff & Indirect Cost) $ 25,000 Original Estimated Cost to Complete the Project $2,137,000 Estimated Construction Cost for the Additional Work:

Additional Work- Additive Alternative Bids 2, 3, 4 $1,754,000 Construction Contingency (10%) $ 175,400
Total Additional Construction Cost (This Authorization) $1,929,400 Construction Management (City Staff & Indirect Cost) $ 25,000 Total Estimated Cost For Additional Work $1,954,400
Funding Sources:

Wharf II Fire Suppression Replacement Project (64c1606) $ 2,250,359 Sufficient funding is available to complete this project.

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 and Section 15331, Class 31) because the proposed project would remove and replace existing fire protection system and install new fire sprinkler system. 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 projects which are exempt under Class 1 or 31.

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. There will be no cumulative impacts because the project would replace existing fire protection system with new one and install new fire sprinkler system.

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 Council Regular Meeting, 6/7/2022, Item No. 7., Item Page 2, Packet Page 32 due to unusual circumstances. There are no unusual circumstances with the project or site.

Therefore, no significant effects 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 would not be visible from a scenic highway; therefore, no impacts would occur to scenic highways.

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 site is not included as a hazardous waste site 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 would replace existing fire protection system (which is not historic) underneath Wharf II decking. The sprinkler system would protect the wharf including warehouse buildings from fire and would therefore aid in the preservation of a potentially historic resource. The sprinkler system installation would not result in any exterior building modifications, nor would it result in removal of existing interior building features. Therefore, no historic resources would be affected.

ALTERNATIVES CONSIDERED:

Council could choose not to amend the construction contract for the project; however, this is not recommended, as the bid received is consistent with similar work, and rebidding the job will add additional time and expense.

DISCUSSION:

The City of Monterey has been managing the two municipal wharves, Wharf I (Old Fisherman’s Wharf) and Wharf II, since their construction. These wharves are owned by the City of Monterey on lands granted in trust by the State of California to the City of Monterey for maintenance and management under the City’s Tidelands Trust Fund.

The Project includes removal and replacement of existing fire protection system at Wharf II and the installation of a new fire sprinkler system at Wharf II. The purpose is to maintain existing facilities in good repair and provide adequate fire protection. This is the third time the fire system replacement has been solicited for bid. On previous occasions, the bids received were higher than available funding would support and the scope was altered. For this solicitation, the base bid entailed only the essential system necessary to provide fire protection to the warehouse buildings.

The project was extensively advertised for construction bids and on December 17, 2019, the City received one (1) bid from Cosco Fire Protection, Inc. On February 4, 2020, Council awarded a construction contract to Cosco Fire Protection, Inc., for the base bid only, in the amount of $1,920,000, and authorized staff to expend an additional 10% for unforeseen construction contingencies. At the time of award, staff intended to program the remainder of the work in a future CIP cycle.

Council Regular Meeting, 6/7/2022, Item No. 7., Item Page 3, Packet Page 33 On September 21, 2021, Council approved Resolution 21-096, which appropriated funds for the FY22 Capital Improvement Program. The Wharf II Fire Suppression Replacement Project (64c1606) received additional funding in the amount of $2,290,000. Additive Alternatives 2, 3, and 4 consists of removal and replacement of the wharf underdeck fire protection system from the remaining portions of the wharf Cosco Fire Protection Inc. has provided an updated quote to perform the scope of work of Additive Alternatives 2, 3, and 4 in the amount of $1,754,000; this represents a savings of $76,000 from the amount originally submitted during bidding.

Therefore, staff recommends that the City Council adopt the attached resolution approving Amendment 1 to the contract with Cosco Fire Protection, Inc. for the Wharf II Fire Suppression Replacement Project, increasing the contract amount from $1,920,000 to $3,674,000, which will increase the contract by $1,754,000 plus an additional 10% ($367,400) for unforeseen construction contingencies, for a total authorization of up to $4,041,400.

SW/AR/mb
Attachments: 1. Resolution
c: Cosco Fire Protection, Inc.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22
AMEND RESOLUTION 20-012, THE CONSTRUCTION CONTRACT WITH COSCO FIRE PROTECTION, INC., FOR THE WHARF II FIRE SUPPRESSION REPLACEMENT PROJECT BY INCREASING THE CONTRACT AMOUNT FROM TO $1,920,000 TO $3,674,000 WHEREAS, on the 17th day of December 2019, at 2:00 p.m. in the City of Monterey Council Chambers, the City Finance Director’s designee received one (1) bid for the Wharf II Fire Suppression Replacement Project (“Project”);
WHEREAS, Cosco Fire Protection, Inc. of Fresno, CA submitted the only responsive, responsible bid for the Project;
WHEREAS, on 4th day of February 2020, Council awarded a construction contract to Cosco Fire Protection, Inc. in the amount of $1,920,000 for the base bid only due to available funding at the time, and authorized staff to expend an additional 10% for unforeseen construction contingencies;
WHEREAS, on the 21st day of September 2021, Council approved Resolution 21-096, which appropriated funds for the FY22 Capital Improvement Program, including additional funding for the Wharf II Fire Suppression Replacement Project (64c1606) the amount of $2,290,000;
WHEREAS, Additive Alternatives 2, 3, and 4 consist of removal and replacement of the wharf underdeck fire protection system from bents 32-67; WHEREAS, Cosco Fire Protection Inc. has provided an updated quote to perform the scope of work of Additive Alternatives 2, 3, and 4 in the amount of $1,754,000, representing a savings of $76,000 from the amount originally submitted during bidding; WHEREAS, sufficient funding is available to complete the additional work in project account number 64c1606; 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 and Section 15331, Class 31) because the proposed project would remove and replace existing fire protection system and install new fire sprinkler system. 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, 6/7/2022, Item No. 7., Item Page 5, Packet Page 35 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. There will be no cumulative impacts because the project would replace existing fire protection system with new one and install new fire sprinkler system.

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 the project or site.

Therefore, no significant effects would occur.

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 would replace existing fire protection system (which is not historic) underneath Wharf II decking. The new fire sprinkler system would be installed inside a potentially historic warehouse building. The sprinkler system would protect the warehouse building from fire and would therefore aid in the preservation of a potentially historic resource. The sprinkler system installation would not result in any exterior building modifications, nor would it result in removal of existing interior building features. Therefore, no historic resources would be affected; and,

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 hereby amends Resolution 20-012 and authorizes the City Manager to execute Amendment 1 to the contract with Cosco Fire Protection, Inc. for the Wharf II Fire Suppression Replacement Project, increasing the contract amount from $1,920,000 to $3,674,000, which will increase the contract by $1,754,000 plus an additional 10% ($367,400) for unforeseen construction contingencies, for a total authorization of up to $4,041,400.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Council Regular Meeting, 6/7/2022, Item No. 7., Item Page 6, Packet Page 36 3 APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 6/7/2022, Item No. 7., Item Page 7, Packet Page 37 Council
Agenda Report
№08/22
FROM: Steve Wittry, Public Works Director
Submitted By: Rex VanSlyke, Fleet Manager
SUBJECT: Adopt a Resolution to Authorize the Purchase of Four (4) 2022 Ford Police SUV Interceptors in the Amount of $209,442.36 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council adopt a resolution authorizing a contract to National Auto Fleet Group for the purchase of four (4) 2022 Ford Police SUV Interceptors in the amount of two hundred nine thousand four hundred forty-two dollars and thirty-six cents ($209,442.36).

VALUE DRIVERS:

POLICY IMPLICATIONS:

The action is consistent with the City policy to replace City vehicles and equipment when they have fulfilled their useful life cycle and are no longer economical to operate or maintain.

FISCAL IMPLICATIONS:

A total of $209,442.36 is required for this purchase of four (4) 2022 Ford Police SUV Interceptor vehicles. The equipment replacement fund has adequate funding as part of the normal scheduled replacement of police patrol vehicles for the FY23 budget process through the approval of the annual vehicle replacement budget.

The four (4) 2022 Ford Police SUV Interceptors vehicles would be purchased from National Fleet Auto Group, and fulfilled by Chevrolet of Watsonville, California under the Sourcewell Contract number 091521-NAF for the amount of $209,442.36. A cooperative procurement contract, such as the Sourcewell Contract, is an exception to the City’s competitive procurement requirements pursuant to Monterey City Code section 28-14(a).

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 Date: 6/7/2022
Item No.: 8.

Council Regular Meeting, 6/7/2022, Item No. 8., Item Page 1, Packet Page 38 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 replace the requested vehicles at this time. This action is not recommended because the maintenance costs exceed the value of the vehicles. The four (4) vehicles needing replacement have current odometer readings ranging from 54,496 to 85,865 miles, which could exceed 100,000 miles by the time the replacement vehicles arrive.

Additionally, there are currently operational issues with the police patrol vehicle fleet which are described in more detail below.

DISCUSSION:

The current operational readiness of the police patrol vehicle fleet is lacking for a variety of reasons. The City did not order replacement patrol vehicles in FY21 (due to the financial constraints created by the pandemic). The vehicles that were approved in the FY22 budget, while ordered, have no definitive arrival date (due to supply chain issues). Furthermore, the existing patrol vehicles have aged and suffered additional wear and tear, and the patrol vehicle fleet often has vehicles ‘off-line/unavailable,’ which is affecting police operations.

Ideally, police vehicles are replaced based on a four-year life cycle or 100,000 miles, whichever comes first. These four vehicles have been fully depreciated and reached the end of their useful life cycles. Additionally, the automotive industry’s supply chain issues are affecting replacement parts availability and these four (4) units have been subject to increased out-ofservice times simply from delayed procurement of parts and materials.

Usage and Expense Data – Four (4) Police Units to Be Replaced:

Fleet
ID
Description Mileage Monthly
Usage
Total Fuel In Service,
Warranty
Expired
Total WO
Costs
Warranty
Expired
Service Status
4042 2017 Ford
Explorer
SUV
71,605 1,343.72 $21,080.50 $24,197.31 $24,197.31 Oct-21 In service, warranty expired
4044 2017 Ford
Explorer
SUV
65,963 1,241.70 $18,687.73 $34,720.15 $34,720.15 Oct-21 Multiple accidents, extended out-ofservice times,
warranty expired
4046 2017 Ford
Explorer
SUV
85,865 1,599.24 $22,964.83 $33,994.11 $33,994.11 Oct-21 In service, warranty expired
4049 2017 Ford
Explorer
SUV
54,496 1,047.64 $13,604.96 $25,458.33 $25,458.33 Oct-21 Multiple accidents, extended out-ofservice times,
warranty expired
Police vehicles are driven a minimum of 10 hours per day, often more. This far exceeds road time for average vehicles. In addition, responding to calls for service often requires driving beyond normal vehicle operations. This constant demand places a significant strain upon a Council Regular Meeting, 6/7/2022, Item No. 8., Item Page 2, Packet Page 39 police vehicle: a vital piece of police equipment. As such, police vehicles wear down much more quickly and require more maintenance.

The fleet manager has located four patrol vehicles that are immediately available through National Fleet Auto Group. Time is of the essence as the vehicles are available for any agency that places the order on a first-come-first served basis.

The replaced vehicles would be sold at auction. Past auctions have netted $2,500 per fully operational vehicle. Salvage units typically sell for around $500.

Staff recommends that Council approve the attached resolution authorizing a contract to National Fleet Auto Group for the purchase of four (4) 2022 Ford Police SUV Interceptors in the amount of $209,442.36.

Once the four (4) 2022 Ford Police SUV Interceptors are delivered to the City, they will be sent to an Emergency Equipment Supply vendor for final up-fitting at a vendor to be determined at a later date.

RV/dt
Attachments: 1. Resolution
e: National Auto Fleet Group
David J. Hober, Police Chief
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, 6/7/2022, Item No. 8., Item Page 3, Packet Page 40 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
TO AUTHORIZE THE PURCHASE OF FOUR (4) 2022 FORD POLICE SUV INTERCEPTORS IN THE AMOUNT OF $209,442.36
WHEREAS, the City of Monterey wishes to purchase four (4) 2022 Ford Police SUV Interceptors. These vehicles will replace four (4) of the Police Department’s 2017 vehicles with current odometer readings ranging from 54,496 to 85,865 miles and address current operational issues with the police patrol vehicle fleet;
WHEREAS, the City wishes to enter into a contract with National Fleet Auto Group, and fulfilled by Chevrolet of Watsonville, CA under the Sourcewell Contract number 091521-NAF for the purchase of four (4) new 2022 Ford Police SUV Interceptors. The request for a “piggyback” purchase per Monterey City Code 28-14 (c) was approved by the Finance Department on May 11, 2022. A cooperative procurement contract, such as the Sourcewell Contract, is an exception to the City’s competitive procurement requirements pursuant to Monterey City Code section 28- 14(a); 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 it hereby authorizes the funds for the purchase and the purchase of four (4) 2022 Ford Police SUV Interceptors:

1. Vehicles – Four (4) new 2022 Ford Police SUV Interceptors utilizing the Sourcewell Contract with National Fleet Auto Group, fulfilled by Chevrolet of Watsonville, CA in the amount of $209,442.36.

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

Council Regular Meeting, 6/7/2022, Item No. 8., Item Page 4, Packet Page 41 2 AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 6/7/2022, Item No. 8., Item Page 5, Packet Page 42 Council
Agenda Report
№08/22
FROM: Steve Wittry, PE, Public Works Director
Prepared By: Sara South, Engineering Programs Analyst
SUBJECT: Amend Resolution 21-061, the Construction Contract with Granite Construction Company for the USAG POM Pavement Repair 2018 Project for Presidio Municipal Services Agency Projects, by Increasing the Contract Amount from $4,043,713.20 to $4,193,713.20 (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080) ***PMSA*** RECOMMENDATION:

That the City Council amend Resolution 21-061 and authorize the City Manager to execute Amendment 1 to the contract with Granite Construction Company for the USAG POM Pavement Repair 2018 Project for Presidio Municipal Services Agency Projects increasing the contract amount from $4,043,713.20 to $4,193,713.20, an increase to the contract of $150,000.

VALUE DRIVERS:

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.

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.

POLICY IMPLICATIONS:

Department of the Army through the Presidio Municipal Services Agency (PMSA) per the Intergovernmental Support Agreement (IGSA) between the City of Monterey and the Federal Government.

FISCAL IMPLICATIONS:

On May 11, 2021, the Finance Department received and opened bids as follows:

Bidder Base Bid Alt. No. 1 Alt. No. 2 Alt. No. 3 Grand Total Bid
Granite Construction
Company
$2,546,130.00 $536,330.00 $294,401.00 (-$7,100.00) $3,369,761.00 Teichert Construction $2,990,016.00 $699,575.00 $732,590.00 $24,250.00 $4,446,431.00 Date: 6/7/2022
Item No.: 9.

Council Regular Meeting, 6/7/2022, Item No. 9., Item Page 1, Packet Page 43 Monterey Peninsula
Engineering
$3,095,795.00 $472,180.00 $453,280.00 $69,550.00 $4,090,805.00 Granite Rock
Company
$3,366,236.00 $609,450.00 $407,100.00 $18,950.00 $4,401,736.00 Don Chapin Company $3,036,785.00* $624,150.00* $372,890.00* $24,625.00* $4,058,450.00* Engineer’s Estimate $2,761,200.00 $315,460.00 $248,210.00 $151,000.00 $3,475,870.00 *Don Chapin Company was deemed Non-Responsive due to failing to submit their Bid Bond.

Note: The Project specifications identified that the Base Bid would be utilized for the Basis of Award. The project expenditures listed below followed staff recommendation to award the Grand Total Bid amount of $3,369,761.

Original Project Construction Estimate:

Construction Contract (Grand Total Bid) $3,369,761.00
Construction Contingency (20%) $ 673,952.20
Original Estimated Construction Cost $4,043,713.20
Construction Management (City Staff & Indirect Cost) $ 120,000.00 Original Estimated Cost to Complete the Project $4,163,713.20 Estimated Construction Cost for the Additional Work:

Additional Work (This Authorization) $150,000.00
Total Cost of the Project $4,213,713.20
Funding Sources:

USAG POM Pavement Repair 2018 Project (POM 18-016): $1,987,813.41 As of May 18, 2022, sufficient funding is available to complete this project. Execution of this project is fully funded by the Department of the US Army through the IGSA.

ENVIRONMENTAL DETERMINATION:

The Department of U.S. Army has determined the project is in accordance with the National Environmental Policy Act (NEPA) and determined to qualify for a Categorical Exclusion under the provisions set forth in “Part II Department of Defense, Department of the Army, 32 CFR Part 651 Environmental Analysis of Army Actions; (29 March 2002 Edition) Appendix B to Part 651- Categorical Exclusions.”
CEQA applies to discretionary projects [Pub. Resources Code, § 21080, subd. (a)]. CEQA does not apply to ministerial projects [Pub. Resources Code, § 21080, subd. (b)(1)]. There is a recognized policy consideration underlying the distinction between ministerial and discretionary projects. The purpose of CEQA is to minimize the adverse effects of new construction on the environment. To trigger CEQA compliance, the discretion must be of a certain kind; it must Council Regular Meeting, 6/7/2022, Item No. 9., Item Page 2, Packet Page 44 provide the agency with the ability and authority to mitigate environmental damage to some degree. Unless a public agency can shape the project in a way that would respond to concerns raised in an EIR, or its functional equivalent, environmental review would be a meaningless exercise.

Here, the City does not have the power to deny or condition the permit, or otherwise modify the project in ways which would mitigate environmental problems an environmental impact report might conceivably have identified. The City does not have the authority to dictate changes to the Army’s project’s design or location in response to any impacts that an environmental review might reveal, the City’s authority under CEQA is essentially ministerial and therefore no further environmental review is required by the City.

ALTERNATIVES CONSIDERED:

DISCUSSION:

The City of Monterey provides a variety of public works services to the U.S. Army under the longstanding Intergovernmental Services Agreement (IGSA). This project consists of the removal and replacement of deteriorated and damaged asphalt concrete (AC) along various roads on the U.S. Army Garrison Presidio of Monterey. Road repairs include demolition, pavement grinding, spot repair, slurry seal, road reconstruction, utility adjustments, installation of curb ramps, pavement marking, and miscellaneous related work.

On April 19, 2018, through the IGSA, PMSA was awarded project IJO POM 18-016 for POM Pavement Repair 2018. The primary objective of this work is to repair the failing surfaced conditions located on Rifle Range Road, Lawton Road, Pvt. Bolio Road and Kit Carson Road that were identified in the Presidio Pavement Management Survey.

On May 11, 2021, the City received five (5) bids. The lowest responsive base bid was submitted by Granite Construction Company, from Watsonville, California. On June 15, 2021, Council awarded a construction contract to Granite Construction Company for the Grand Total Bid in the amount of $3,369,761, and authorized staff to expend an additional 20% for unforeseen construction contingencies for a total contract value of $4,043,713.20.

During the course of construction, field design changes were necessary due to additional potholing, subgrade failures, and schedule changes, and additional materials costs due to quantity overruns and oil price escalation. This has necessitated Contract Change Orders in an amount that exceeds the contingency for this project. An additional $150,000 is required to successfully close out the project with the Contractor.

Therefore, staff recommends that the City Council adopt a resolution approving Amendment 1 to the contract with Granite Construction Company for the USAG POM Pavement Repair 2018 Project for Presidio Municipal Services Agency Projects increasing the contract amount from $4,043,713.20 to $4,193,713.20, an increase the to the contract of $150,000.

SW/ss
Council Regular Meeting, 6/7/2022, Item No. 9., Item Page 3, Packet Page 45 Attachments: 1. Resolution
e: Christina Rios, Granite Construction Company (Awardee) Yasmin Alshawaf, Interim IGSA Manager
Joelle Lobo, USAG POM NEPA Program Manager
Tom Levendowski, Administrative Services Manager
John Hansen, Senior Administrative Analyst
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, 6/7/2022, Item No. 9., Item Page 4, Packet Page 46 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22
AMEND RESOLUTION 21-061, THE CONSTRUCTION CONTRACT WITH GRANITE CONSTRUCTION COMPANY FOR THE USAG POM PAVEMENT REPAIR 2018 PROJECT

FOR PRESIDIO MUNICIPAL SERVICES AGENCY PROJECTS, BY INCREASING THE CONTRACT AMOUNT FROM $4,043,713.20 TO $4,193,713.20 ***PMSA*** WHEREAS, on the 11th day of May 2021, at 2:00 p.m. in the City of Monterey Council Chambers, the City Finance Director’s designee received five (5) bids for the USAG POM Pavement Repair 2018 Project for Presidio Municipal Services Agency Projects (“Project”); WHEREAS, Granite Construction Company. of Watsonville, CA submitted the lowest responsive, responsible bid for the Project;
WHEREAS, on the 15th day of June 2021, Council adopted Resolution 21-061 and awarded a construction contract to Granite Construction Company in the amount of $3,369,761 for the Grand Total Bid, and authorized staff to expend an additional 20% for unforeseen construction contingencies, for a total contract value of $4,043,713.20; WHEREAS, during the course of construction, field design changes due to additional potholing, subgrade failures, and schedule changes, and additional materials costs due to quantity overruns and oil price escalation have necessitated Contract Change Orders in an amount that exceeds the contingency for this project;
WHEREAS, an additional $150,000 is required to successfully close out the project with the Contractor;
WHEREAS, sufficient funding is available for this authorization in account number POM 18-016 and execution of this project is fully funded by the Department of the US Army through the IGSA; and,
WHEREAS, the Department of U.S. Army has determined the project is in accordance with the National Environmental Policy Act (NEPA) and determined to qualify for a Categorical Exclusion under the provisions set forth in “Part II Department of Defense, Department of the Army, 32 CFR Part 651 Environmental Analysis of Army Actions; (29 March 2002 Edition) Appendix B to Part 651-Categorical Exclusions.”
CEQA applies to discretionary projects [Pub. Resources Code, § 21080, subd. (a)]. CEQA does not apply to ministerial projects [Pub. Resources Code, § 21080, subd. (b)(1)]. There is a recognized policy consideration underlying the distinction between ministerial and discretionary projects. The purpose of CEQA is to minimize the adverse effects of new construction on the environment. To trigger CEQA compliance, the discretion must be of a certain kind; it must provide the agency with the ability and authority to mitigate environmental damage to some degree. Unless a public agency can shape the project in a way that would respond to concerns raised in an EIR, or its functional equivalent, environmental review would be a meaningless exercise.

Council Regular Meeting, 6/7/2022, Item No. 9., Item Page 5, Packet Page 47 2 Here, the City does not have the power to deny or condition the permit, or otherwise modify the project in ways which would mitigate environmental problems an environmental impact report might conceivably have identified. The City does not have the authority to dictate changes to the Army’s project’s design or location in response to any impacts that an environmental review might reveal, the City’s authority under CEQA is essentially ministerial and therefore no further environmental review is required by the City.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the City Council amends Resolution 21-061 and authorizes the City Manager to execute Amendment 1 to the contract with Granite Construction Company for the USAG POM Pavement Repair 2018 Project for Presidio Municipal Services Agency Projects increasing the contract amount from $4,043,713.20 to $4,193,713.20, an increase the to the contract of $150,000.

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:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 6/7/2022, Item No. 9., Item Page 6, Packet Page 48 Council
Agenda Report
№10/13
FROM: Rafaela T. King, CPA, MBA, Finance Director
Prepared by: Stella Sandoval, Senior Accountant
SUBJECT: Establish the 2022-23 Appropriation Limit (Gann Initiative) (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, required by passage of Proposition 4, to establish the appropriation limitation for the City of Monterey for fiscal year 2022-23.

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:

At the November 6, 1979 statewide general election, the voters approved Proposition 4, also known as the Gann Initiative. (Cal. Const., Art XIII B.) This law placed a ceiling on the amount of tax revenues that governmental agencies in the State of California could spend in any fiscal year. This ceiling must be calculated each year based upon a formula, which takes into consideration the California per capita income increase, and the population increase or decrease within each governmental jurisdiction. The legislative body in each jurisdiction must set, by resolution, this appropriation limitation.

FISCAL IMPLICATIONS:

This action has no direct fiscal impact on the City. The attached resolution establishes the appropriation limit for the City of Monterey at $149,888,292 for fiscal year 2022-23, pursuant to Article XIIIB of the California Constitution.

ENVIRONMENTAL DETERMINATION:

The City of Monterey 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.

Date: 6/7/2022
Item No.: 10.

Council Regular Meeting, 6/7/2022, Item No. 10., Item Page 1, Packet Page 49 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.

ALTERNATIVES CONSIDERED:

None. This action is needed for the City to comply with State of California legislation.

DISCUSSION:

In November of 1979, the voters approved Proposition 4, an initiative that added Article XIII B to the California Constitution. This constitutional amendment, popularly known as the Gann initiative, placed limits on the growth of expenditures for publicly funded programs. In 1980, legislation was enacted to implement the limits on government appropriations established by Proposition 4. Adding Division 9 of Title 1, beginning with Section 7900, of the Government Code, this legislation specified the calculation of state and local government appropriation limits and appropriations subject to limitation. These limits were to take effect beginning with the 1980-81 fiscal year. The sections added by the constitutional and statutory amendments explain and define the appropriations limit and appropriations subject to limitation as they apply to state and local government and require that each entity of government formally “adopt” its appropriations limit for a given fiscal year.

In order for the City to calculate its appropriation limit, it was necessary to establish what the agency appropriated from tax revenues in fiscal year 1978-79, the base year of the Gann Initiative from which all the figures are calculated.

Using the base year and the annual inflation factors since the initiative passed in 1979, the allowable appropriations limit for fiscal year 2022-23 has reached $149,888,292, as shown in the attached chart. This figure, when compared with the applicable taxes expected to be collected of $84,966,715, shows that the City is well within its limits. The City is at approximately 56.7% of the allowable taxing limit.

RTK/ss
Attachments: 1. Resolution

2. State of CA Price and Population Letter 2022

3. Article XIIIB Appropriation Limit Calculations
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, 6/7/2022, Item No. 10., Item Page 2, Packet Page 50 RESOLUTION NO. __- ___ C.S.

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

MAKING CERTAIN FINDINGS AND DETERMINATIONS IN COMPLIANCE WITH SECTION

XIIIB OF THE CALIFORNIA CONSTITUTION (GANN INITIATIVE)
WHEREAS, the City of Monterey is required to comply with Section XIIIB of the California Constitution, enacted by Proposition 4 in 1979; WHEREAS, the appropriations limit for the fiscal year 2022-23 was found to be $149,888,292; and
WHEREAS, the City of Monterey 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.

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

1. That during the fiscal year 2021-22 the California per capita income increased 7.55% and the population of the County of Monterey decreased by -0.62%.

2. That the appropriations limit for fiscal year 2022-23 is $149,888,292.

3. That the appropriations subject to limitation for fiscal year 2022-23 are $84,966,715.

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, 6/7/2022, Item No. 10., Item Page 3, Packet Page 51 : http://leginfo.legislature.ca.gov/faces/codes.xhtml.

May 2022
Dear Fiscal Officer:

Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2022, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2022-23. Attachment A provides the change in California’s per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2022-23 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.

Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website
Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2022.

Please Note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.

KEELY MARTIN BOSLER
Director
By:

ERIKA LI
Chief Deputy Director
Attachment
ATTACHMENT 2
Council Regular Meeting, 6/7/2022, Item No. 10., Item Page 4, Packet Page 52

May 2022
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2022-23 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2022-23 7.55
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2022-23 appropriation limit.
2022-23:

Per Capita Cost of Living Change = 7.55 percent
Population Change = -0.30 percent
Per Capita Cost of Living converted to a ratio: 7.55 + 100 = 1.0755 100
Population converted to a ratio: -0.30 + 100 = 0.997
100
Calculation of factor for FY 2022-23: 1.0755 x 0.997 = 1.0723 Council Regular Meeting, 6/7/2022, Item No. 10., Item Page 5, Packet Page 53

Fiscal Year 2022-23
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022 and Total Population, January 1, 2022 County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Monterey
Carmel-By-The-Sea
Del Rey Oaks
Gonzales
Greenfield
King City
Marina
Monterey
Pacific Grove
Salinas
Sand City
Seaside
Soledad
Unincorporated
-1.74
-1.22
-1.79

4.97 -1.08

0.87 -1.69
-1.21
-1.14
-1.59

2.64 -1.15
-1.32
3,095
1,558
8,492
18,705
13,476
21,271
24,283
14,942
161,777
378
26,891
19,226
105,741
3,041
1,539
8,340
19,634
13,331
21,457
23,872
14,761
159,932
372
27,600
19,004
104,341
3,041
1,539
8,340
19,634
13,331
21,457
28,082
14,761
159,932
372
32,068
26,308
104,851
County Total -0.62 419,835 417,224 433,716
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.

Council Regular Meeting, 6/7/2022, Item No. 10., Item Page 6, Packet Page 54 ATTACHMENT 3
Price Adjustment Population Adjustment
Fiscal
Year
The Lessor of C.P.I. or Per Capita
Income (% change) % Change in City Population
Combined
Adjustment
Appropriation
Limit
1978-79 Base Year Base Year $ 14,797,091
1979-80 10.17 -1.17 1.0888 16,111,222
1980-81 12.11 -2.10 1.0976 17,682,983
1981-82 9.12 1.11 1.1033 19,509,853
1982-83 6.79 -0.61 1.0614 20,707,481
1983-84 2.35 2.97 1.0539 21,823,572
1984-85 4.74 1.15 1.0594 23,120,867
1985-86 3.74 2.13 1.0595 24,496,480
1986-87 2.30 2.74 1.0510 25,746,540
CA Per Capita Income % Change * City or County Population % Change 1987-88 3.50 1.51 1.0506 27,050,049
1988-89 4.70 2.13 1.0693 28,924,647
1989-90 5.19 0.88 1.0612 30,693,583
1990-91 4.21 1.62 1.0590 32,503,953
1991-92 4.14 2.65 1.0690 34,746,632
1992-93 -0.64 2.29 1.0164 35,314,859
1993-94 2.72 2.53 1.0532 37,193,610
1994-95 0.71 3.69 1.0443 38,841,287
1995-96 4.72 1.97 1.0678 41,474,726
1996-97 4.67 1.51 1.0625 44,066,896
1997-98 4.67 2.63 1.0742 47,336,660
1998-99 4.15 4.70 1.0904 51,615,894
1999-00 4.53 2.93 1.0759 55,533,540
2000-01 4.91 3.32 1.0839 60,192,804
2001-02 7.82 1.73 1.0969 66,022,477
2002-03 -1.27 1.35 1.0006 66,064,071
2003-04 2.31 1.11 1.0345 68,340,639
2004-05 3.28 1.56 1.0489 71,682,496
2005-06 5.26 0.13 1.0530 75,481,668
2006-07 3.96 0.38 1.0436 78,768,895
2007-08 4.42 0.67 1.0510 82,786,109
2008-09 4.29 1.56 1.0592 87,684,563
2009-10 0.62 1.45 1.0207 89,499,633
2010-11 -2.54 1.37 0.9879 88,416,687
2011-12 2.51 0.63 1.0316 91,210,654
2012-13 3.77 0.91 1.0471 95,510,324
2013-14 5.12 0.81 1.0597 101,212,290
2014-15 -0.23 0.95 1.0072 101,941,019
2015-16 3.82 0.26 1.0409 106,110,406
2016-17 5.37 0.96 1.0638 112,881,897
2017-18 3.69 1.00 1.0473 118,217,712
2018-19 3.67 0.35 1.0403 122,985,249
2019-20 3.85 0.91 1.0480 128,882,434
2020-21 3.73 -0.31 1.0341 133,275,311
2021-22 5.73 -0.48 1.0522 140,235,609
2022-23 7.55 -0.62 1.0688 149,888,292
*Monterey County total used

ARTICLE XIIIB APPROPRIATION LIMIT CALCULATIONS
(Gann Limit)
Council Regular Meeting, 6/7/2022, Item No. 10., Item Page 7, Packet Page 55 Summary of Tax Revenue - from Proposed Budget 5/24/22
FY 2022-23
Proposed Budget % of Limit
General Fund
Property Taxes 13,630,482
Sales Taxes 15,248,718
Transient Occupancy Tax 26,040,000
Business License Tax 3,865,531
Utility Users Tax 4,130,453
Other Taxes 516,509
Special Revenue Funds
216 TOT - Neighborhood Improvement 4,501,664
251 Gas Tax 808,606
252 Measure S (Previously Meas P) Tax 11,332,148
918 Conference Center Fac Dist Tax 4,892,604
Total Taxes $ 84,966,715 56.69%
Allowable appropriations Limit FY 2022-23 $ 149,888,292 Council Regular Meeting, 6/7/2022, Item No. 10., Item Page 8, Packet Page 56 Council
Agenda Report
№10/13
FROM: Nat Rojanasathira, Assistant City Manager
SUBJECT: Amend and Restate Resolution 22-010, the Schedule of Hourly Rates for Temporary / Seasonal Part-Time Positions, to Modify Hourly Rates for the Support Analyst Position (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council amend Resolution 22-010, the Schedule of Hourly Rates for Temporary / Seasonal Part-Time Positions to update the rate of pay for the “Support Analyst” position.

VALUE DRIVER:

Provide sufficient resources and support to develop, retain, and recruit a high-quality city workforce.

POLICY IMPLICATIONS:

The Schedule of Hourly Rates for Temporary / Seasonal Part-Time Positions is a fluid document that needs to be updated periodically to ensure it is current, accurate, and competitive, as well as in accordance with State law. This is consistent with previous City practice.

FISCAL IMPLICATIONS:

There is no fiscal impact to adopting the schedule of hourly rates; the current Adopted Budget includes appropriations for part-time temporary seasonal salaries. Staff is not requesting any additional appropriations to cover the increase in steps, as Departments will need to manage budgets for PTS employees to address step increases.

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 Guideline section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

No alternatives.

Date: 6/7/2022
Item No.: 11.

Council Regular Meeting, 6/7/2022, Item No. 11., Item Page 1, Packet Page 57 DISCUSSION:

The City of Monterey relies on part-time Support Analyst staff to coordinate, analyze, and aid in the implementation of various City programs, projects, and systems. In the Information Systems Division, the departure of full-time staff necessitates the hiring of one part-time Support Analyst to support crucial systems until a full-time Information Systems Analyst is recruited and hired.

The current starting hourly rate for the part-time Support Analyst position is $33.98 per hour, with five steps in 5% increments, and a maximum hourly rate of $41.30. To maintain a competitive hourly rate for Analysts in divisions such as Information Systems, staff recommends a total of 15 steps in 5% increments, for a maximum hourly rate of $67.28. This would allow, for example, Support Analysts to be compensated at an hourly rate comparable to the full-time Senior Administrative Analyst position. The ending hourly rates for the Camp Director/Assistant Director and Recreation Assistant positions are also being adjusted to correct prior typos and reflect their actual hourly rates.

The Schedule of Hourly Rates for Temporary / Seasonal Part-Time Positions, most recently updated on March 1, 2022, reflects proposed rates for part-time (pts) employees as defined by Section 25.241 of the City Code, who work no more than 1,000 hours per fiscal year and who are eligible only for those benefits required by applicable state and federal law. Part-time Temporary Seasonal (PTS) employees are paid on an hourly basis.

Staff recommends the following change to the Schedule of Hourly Rates for Temporary / Seasonal Part-Time Positions, to be effective retroactively to June 1, 2022:

Classification Title
Starting
Hourly
Increments Ending
Hourly
Steps
Camp Director /
Assistant Camp Director
$16.00 $0.25 $22.00
$20.00
25 Recreation Assistant
$20.00 $1.00 $24.00
$25.00
5 Support Analyst
$33.98 5% $67.28
$41.30
15 5
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, 6/7/2022, Item No. 11., Item Page 2, Packet Page 58 RESOLUTION NO. __- ___ C.S.

Date: <MEETING_DATE>
Item No: <#>

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№12/12
AMEND AND RESTATE RESOLUTION 22-010, THE SCHEDULE OF HOURLY RATES FOR

TEMPORARY / SEASONAL PART-TIME POSITIONS, TO MODIFY HOURLY RATES FOR

THE SUPPORT ANALYST POSITION
WHEREAS, the Schedule for Hourly Rates for Temporary/Seasonal Part-Time Positions is a fluid document that needs to be updated periodically to ensure it is current, accurate, and competitive, as well as in accordance with State law;
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability; WHEREAS, increasing the number of steps for the Temporary / Seasonal Part-time job classification of Support Analyst would allow the City to remain competitive for this sought-after position and provide the City with flexibility on which step to pay this position; WHEREAS, the following City of Monterey Temporary / Seasonal Part-Time job classifications are exempt from CalPERS enrollment and will have the following hourly rates:

Classification Title
Starting
Hourly
Increments Ending
Hourly
Steps
Accounting Technician $21.02 5% $32.61 10
Administrative Clerk $21.02 5% $32.61 10
Aquatics Specialist $15.00 $0.25 $18.50 15
Artifact Specialist $19.39 5% $23.57 5
Camp Cook $15.00 $0.25 $18.50 15
Camp Director / Assistant Camp
Director
$16.00 $0.25 $22.00 25
Community Svc Officer Intern $15.00 $1.00 $24.00 10
Desk Attendant $15.00 $0.25 $18.50 15
Extra-Help Retired Annuitant $15.00 N/A $78.46 N/A
Facility Worker $20.87 5% $25.37 5
Fire Inspector $32.19 5% $49.94 10
Council Regular Meeting, 6/7/2022, Item No. 11., Item Page 3, Packet Page 59 2 Guest Services Attendant $23.36 5% $28.39 5
Harbor Attendant $22.48 5% $27.32 5
Human Resources Technician $25.81 5% $31.37 5
Intern $15.00 $1.00 $24.00 10
Janitorial Worker $17.76 5% $21.59 5
Library Clerk $20.03 5% $31.07 10
Library Page $15.14 5% $18.40 5
Lifeguard $15.00 $0.25 $18.50 15
Litter Control Worker $15.65 5% $19.02 5
Maintenance Worker $20.87 5% $32.38 10
Military Affairs Coordinator $59.37 5% $72.16 5
Museum Attendant $15.12 5% $18.38 5
Park Assistant $22.46 5% $27.30 5
Parking Facility Attendant $16.33 5% $19.85 5
Parking Enforcement Representative $22.48 5% $27.32 5
Personal Trainer $20.00 $1.00 $44.00 25
Police Officer Trainee $39.16 N/A N/A N/A
Preschool Instructor $19.00 $0.25 $21.25 10
Recreation Assistant $20.00 $1.00 $24.00 5
Reference / Children’s Librarian $27.37 5% $33.27 5
Senior Aquatics Specialist $34.35 5% $41.75 5
Senior Facility Specialist $34.35 5% $41.75 5
Senior Human Resources Technician $28.63 5% $34.80 5
Senior Recreation Leader /
Recreation Leader
$15.00 $0.25 $18.50 15
Senior Sports Specialist $34.35 5% $41.75 5
Specialty Class Instructor $20.00 $1.00 $44.00 25
Sports Official $17.00 $1.00 $31.00 15
Support Analyst $33.98 5% $67.28 15
Support Preschool Instructor $17.00 $0.25 $19.25 10
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the hourly rate for the Support Analyst position is effective retroactively to June 1, 2022 and the other hourly rates listed in the schedule are already in effect.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this 7th day of June 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Council Regular Meeting, 6/7/2022, Item No. 11., Item Page 4, Packet Page 60 3 APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 6/7/2022, Item No. 11., Item Page 5, Packet Page 61 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Janna Aldrete, Property Manager
SUBJECT: Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 380 Alvarado Street, Suites 101 and 201; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mia Cruz (Bliss Boutique); Under Negotiation: Terms and Conditions for Lease Amendment (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council appoint agency negotiators for a conference with real property negotiators pursuant to Government Code Section 54956.8 to discuss and provide confidential direction regarding expansion of the leased premises and an extension of the lease agreement with Mia Cruz.

VALUE DRIVER:

City Council approval is required for real estate transactions. Closed session confidential review of real estate matters is allowed.

The Surplus Land Act does not apply since there is no disposition as defined under the Act.

FISCAL IMPLICATIONS:

There are no fiscal implications related to the recommendation to appoint agency negotiators.

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.

Council Regular Meeting, 6/7/2022, Item No. 12., Item Page 1, Packet Page 62 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 appoint negotiators or appoint different negotiators. This is not recommended by staff. It is appropriate that the Council appoint agency negotiators and authorize a confidential discussion regarding the expansion of the leased premises and an extension of the lease agreement with Mia Cruz, owner of Bliss Boutique.

DISCUSSION:

Ms. Mia Cruz has leased 1,525 square feet of space on the first floor of the historic Osio Rodriguez Adobe located at 380 Alvarado Street since 2018. The one-year lease commenced October 1, 2018 and the option to extend for three years was exercised in 2019. The lease is scheduled to expire September 30, 2022. The tenant has been occupying approximately 1,000 square feet of second floor space under a short-term license agreement providing additional storage space, an office and a photo studio.
380 Alvarado Street
The tenant has requested to incorporate the second floor space into the current lease and extend the current term. City Council approval is required for this type of lease transaction.

Closed session discussions are allowed and appropriate for confidential direction in real estate matters of this type.

JA/ad
e: Mia Cruz, Bliss Boutique
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, 6/7/2022, Item No. 12., Item Page 2, Packet Page 63 Council
Agenda Report
№12/12
FROM: Brette Neal, Human Resources Director
Prepared By: Gina Russo, Deputy Human Resources Manager SUBJECT: Appoint Agency Labor Negotiators Pursuant to Government Code Section 54957.6 for Labor Negotiations with 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)
RECOMMENDATION:

That the City Council appoint Brette Neal, Human Resources Director and Gina Russo, Deputy Human Resources Manager as the Agency Labor Negotiators for 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).

VALUE DRIVER:

Effective labor negotiations are in alignment with the City’s Value Driver to “Provide sufficient resources and support to develop, retain, and recruit a high quality city workforce” and the Strategic Priority to “Provide fair, competitive, and market-rate compensation and benefits to employees through effective labor negotiations.”
POLICY IMPLICATIONS:

It is within policy and practice for Council to appoint negotiators for labor negotiations.

Additionally, Government Code Section 54957.6 of the Brown Act provides that prior to meeting in closed session with its negotiators, that the local agency must hold an open session in which the agency identifies its designated labor representatives.

FISCAL IMPLICATIONS:

There is no additional cost to the General Fund as professional services allocations have been included in the budget.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 6/7/2022, Item No. 13., Item Page 1, Packet Page 64 environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

ALTERNATIVES CONSIDERED:

Council could decide to appoint different agency negotiators instead of those recommended in this report.

DISCUSSION:

All seven labor groups’ MOUs are set to expire on June 30, 2022.

Based on Council guidance, the labor negotiators (Human Resources Director Brette Neal and Deputy Human Resources Manager Gina Russo) will be responsible for meeting with the designated representatives for each of the employee groups to discuss wages, hours, and other terms and conditions of employment, and will report to Council with recommendations and requests for authorization of negotiation parameters based on the results of the meetings.

Miscellaneous Classifications
GEM is a unionized bargaining group which consists of the City’s miscellaneous employees not exempt from overtime (i.e., non-management).

MEA is the City’s bargaining group which consists of all miscellaneous mid-managers (i.e., excludes public safety mid-managers).

MEMEA is the City’s bargaining group which consists of Miscellaneous employees (the Public Works Director, Library Director, Parks and Recreation Director, Community Development Director) and Safety employees (Police Chief and Fire Chief).

Police Public-Safety Classifications
The Police Safety classifications include PLMA which consists of the Police Lieutenants the Assistant Police Chief and MPA which consists of the City’s Police Officers and Police Sergeants.

Fire Public-Safety Classifications
The Fire Safety classifications include MFCOA which represents the city’s Assistant Fire Chief and Fire Division Chiefs, and MFFA which represents the City’s Fire Fighters, Fire Engineers, Fire Captains, and Deputy Fire Marshal.

Council Regular Meeting, 6/7/2022, Item No. 13., Item Page 2, Packet Page 65 Council
Agenda Report
FROM: Clementine Bonner Klein, City Clerk
SUBJECT: Receive Mayor’s Recommendations and Make Appointments to the Board of Library Trustees and Neighborhood and Community Improvement Program Committee (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061)
RECOMMENDATION:

That the Council receive recommendations from Mayor Roberson and make appointments as outlined in the “Discussion” section of this report.

VALUE DRIVER:

Foster a local government that is transparent and collaborative; and solicits, welcomes and appreciates input from all.

POLICY IMPLICATIONS:

This recommendation conforms to Monterey City Code and the California Maddy Act.

FISCAL IMPLICATIONS:

There are no fiscal implications with this action.

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 Council could take no action.

Date: 6/7/2022
Item No.: 14.

Council Regular Meeting, 6/7/2022, Item No. 14., Item Page 1, Packet Page 66 DISCUSSION:

Background
A series of ongoing vacancies, newly vacated seats, and expiring terms on Monterey’s boards, commissions, and committees have been duly posted and published by the City Clerk’s Office pursuant to Council’s appointments policy, seeking qualified applications to fill seats for:
 Appeals Hearing Board – vacancy left by former alternate Dr. Nick Yaqub, who resigned April 25, 2022
 Board of Library Trustees – two terms set to expire on June 30, 2022  Disabled Access Appeals Board – numerous long-term vacant seats  Neighborhood and Community Improvement Program (NCIP) Committee – vacancy left by former alternate to the Skyline neighborhood Rick Moore, who resigned December 14, 2021; and other long-term vacant alternate seats
 Parks and Recreation Commission – vacancy left by former member Kathleen Panetta, who resigned March 18, 2022
Recommendation
Mayor Roberson reviewed the applications seen in this packet and interviewed applicants in accordance with Council policy, and gave appropriate attention and time to the process that resulted in the following recommendations. Mayor Roberson is grateful that so many qualified Monterey residents took time to apply. He recommends that the Council appoint the following:

Board of Library Trustees
Marsha Moroh – reappoint for a full term of July 1, 2022 through June 30, 2026 Disabled Access Appeals Board
Patriciaann Booth – appoint for a full term expiring June 30, 2026 Pursuant to Monterey City Code section 2-11.00(b), this appointed position has two routes for eligibility. Patriciaann Booth is eligible for this position pursuant to the requirement that two members of the DAAB shall be physically disabled.

Neighborhood and Community Improvement Program (NCIP) Committee John Mera – alternate representing Skyline neighborhood – appoint to fill a vacated term expiring June 30, 2024.

Pursuant to Monterey City Code section 2-12.00(b), this appointed position has a special eligibility requirement, specifically that each Committee representative and alternate shall reside within their jurisdiction. John Mera’s eligibility for this position was confirmed by the City Clerk based upon the residential address listed in his application.

Next Steps
Mayor Roberson will bring forward at a future meeting a recommendation to fill the Parks and Recreation Commission vacancy, after all applicants have been interviewed.

Council Regular Meeting, 6/7/2022, Item No. 14., Item Page 2, Packet Page 67 Seats remain available on the Appeals Hearing Board, Disabled Access Appeals Board, Board of Library Trustees, and Neighborhood and Community Improvement Program (NCIP) Committee. Applications will be accepted on an ongoing basis until these positions are filled.

Monterey residents are encouraged to learn more and apply for these volunteer positions.

Monterey residents interested in receiving notice of board and commission vacancies are encouraged to subscribe to the City’s “Boards and Commissions Interest List.” CBK
Attachments: 1. Grid of Applicants

2. Applications Received
e: Applicants
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, 6/7/2022, Item No. 14., Item Page 3, Packet Page 68 Board and Commission Vacancies and Applicants
ATTACHMENT 1
Available Seats: Applicants:

Board of Library Trustees (2 seats)
Due May 31, 2022 End-of-day.

Vacancies: Two (2) members Moroh, Marsha rec'd 5/21/22
Disabled Access Appeals Board (3 seats)
Special eligibility requirements: Three of the Board
members shall be qualified by experience and training
to pass on matters pertaining to building construction
and/or State or Federal disabled access regulations.

Two members shall be physically disabled.

Applications are currently accepted for
these positions on a rolling basis until the
seats are filled.

Vacancies: Three members Booth, Patriciaann rec'd 5/3/22 Vacancies: One alternate for each of the below
neighborhoods:

Applications are currently accepted for
these positions on a rolling basis until the
seats are filled.

Aguajito Oaks, Alta Mesa, Deer Flats None received
Skyline Mera, John rec'd 4/3/22
Neighborhood and Community Improvement Program
Council Regular Meeting, 6/7/2022, Item No. 14., Item Page 4, Packet Page 69 ATTACHMENT 2
Council Regular Meeting, 6/7/2022, Item No. 14., Item Page 5, Packet Page 70 ATTACHMENT 2
Council Regular Meeting, 6/7/2022, Item No. 14., Item Page 6, Packet Page 71 ATTACHMENT 2
Council Regular Meeting, 6/7/2022, Item No. 14., Item Page 7, Packet Page 72 (CONTINUED)
ATTACHMENT 2
Council Regular Meeting, 6/7/2022, Item No. 14., Item Page 8, Packet Page 73 Name:
2 The Measure P and S Oversight Committee reviews revenues generated by Street Infrastructure Rehabilitation Transactions and Use Tax, and expenditures of those revenues, and reports to the City Council. Members: Five.

Aguajito Oaks Alta Mesa Casanova-Oak Knoll Deer Flats
Del Monte Beach Del Monte Grove Laguna Grande Downtown
Fisherman Flats Glenwood Monterey Vista New Monterey
Oak Grove Old Town Skyline Villa Del Monte
ATTACHMENT 2
Council Regular Meeting, 6/7/2022, Item No. 14., Item Page 9, Packet Page 74 Name:
3 All members of Boards and Commissions are subject to the conflict of interest laws of the State of California and are required to submit the Form 700, of Economic within 30 days of assuming office, annually thereafter, and upon the completion of a member's term of office. More information is available at http://www.fppc.ca.gov/Form700.html Members who are compensated for their service* or reimbursed for expenses undertaken in the performance of official duties shall take two hours of training in ethics principles and laws every two years as required by Government Code. The training shall occur, and a signed certificate of completion shall be filed with the City Clerk, within 30 calendar days of assuming office, and every two years thereafter. * NCIP and Measure P & S members receive no compensation.

A submitted application is a public record. It will be published (with signatures and personal contact information redacted) in the agendas for relevant meetings of the City Council. initial
initial
ATTACHMENT 2
Council Regular Meeting, 6/7/2022, Item No. 14., Item Page 10, Packet Page 75 (CONTINUED)
ATTACHMENT 2
Council Regular Meeting, 6/7/2022, Item No. 14., Item Page 11, Packet Page 76 Name:
2 The Measure P and S Oversight Committee reviews revenues generated by Street Infrastructure Rehabilitation Transactions and Use Tax, and expenditures of those revenues, and reports to the City Council. Members: Five.

Aguajito Oaks Alta Mesa Casanova-Oak Knoll Deer Flats
Del Monte Beach Del Monte Grove Laguna Grande Downtown
Fisherman Flats Glenwood Monterey Vista New Monterey
Oak Grove Old Town Skyline Villa Del Monte
ATTACHMENT 2
Council Regular Meeting, 6/7/2022, Item No. 14., Item Page 12, Packet Page 77 Name:
3 All members of Boards and Commissions are subject to the conflict of interest laws of the State of California and are required to submit the Form 700, of Economic within 30 days of assuming office, annually thereafter, and upon the completion of a member's term of office. More information is available at http://www.fppc.ca.gov/Form700.html Members who are compensated for their service* or reimbursed for expenses undertaken in the performance of official duties shall take two hours of training in ethics principles and laws every two years as required by Government Code. The training shall occur, and a signed certificate of completion shall be filed with the City Clerk, within 30 calendar days of assuming office, and every two years thereafter. * NCIP and Measure P & S members receive no compensation.

Attached please find my application to serve on the Board of Library Trustees. I have been a member of the Board since March of 2018, and believe I can continue to make a significant contribution to the Monterey Public Library as a member of the Board.

During my current term in office, including a year as Chair of the Board and a year as vice-chair, significant Board accomplishments included: a feasibility study for expansion and remodeling of the library, a new strategic plan for the library, a benchmarking report of services and costs, and perhaps most significantly, planning for operations during the pandemic and for recovery. I am eager to continue my service in this time of changes, including the search for, and the orientation of, a new library director. I am currently a member of the 2-person ad-hoc committee coordinating the Library Director search (along with Jim Thompson), and would like to continue in that capacity.

As a resident of New Monterey, I live between the Monterey and Pacific Grove Libraries, and I am a strong supporter and frequent user of both libraries. My husband and I are Friends of both Libraries, and members of the 1849 Society at the Monterey Library.

I came to the Peninsula in 1995 as one of the founding faculty members of CSU Monterey Bay. In 1996 I assumed the position of Dean of Science, Technology and Information Resources, and my portfolio included the CSUMB Library. I also oversaw a substantial component of the university budget, and had responsibility for strategic planning and visioning. In my academic leadership positions I enjoyed working with the university leadership as a team, and was known for bringing people together to work collaboratively for a common goal. I am currently Emeritus Dean and Professor at the university.

I think my background, experience and interest in this position, and my ability to work well with others make me a good fit for continuing in this position.

Thank you for your consideration.

ATTACHMENT 2
Council Regular Meeting, 6/7/2022, Item No. 14., Item Page 14, Packet Page 79

2. EDUCATION
Ph.D. from New York University in Electrical Engineering (Computer Science) M.S. from New York University in Industrial Engineering (Operations Research) B.S. from Dickinson College, Carlisle Pennsylvania in Mathematics

3. WORK EXPERIENCE RELATED TO THIS POSITION
I am currently a member of the Library Board of Trustees, filling out a position that became vacant in March of 2018. I hold the academic rank of Dean Emeritus and Professor Emeritus from CSU Monterey Bay, from whence I retired in 2016 after 21 years of service. I was one of 12 Founding Faculty members at CSUMB, where I served on the leadership team, developing the academic programs, the infrastructure and the learning environment for this new university in 1995. I served as Dean of the College of Science there from 1996 until my retirement in 2016, and also served as Interim Provost during a transition. These positions required me to demonstrate management, leadership and collaboration skills, and understanding of budget and strategic planning strategies in addition to technical and disciplinary skills of my academic area of expertise. For the first several years of my deanship, and later as Provost of the university, I had in my portfolio s, which included the Library as well as the computer systems and technological infrastructure of the campus. Prior to CSUMB I was a professor at the City University of New York, and chair of their Computer Science department.

4. PRIOR PUBLIC SERVICE, CIVIC OR VOLUNTEER ACTIVITIES
Member of the Library Board of Trustees, March 2018 to present.

Member of the Friends of Monterey Public Library, and of the 1849 Society.

Volunteer at the Pacific Grove Library, helping with their monthly book sale, and with special events. Member of the Friends of Pacific Grove Library Volunteer gardener for the City of Monterey in their Volunteers in Parks (VIP) program, providing weekly gardening services in parks around the city.

Play piano at senior citizen facilities and other venues upon request Serve on the advisory Board to the Osher Life Long Learning (OLLI) program at CSUMB Place in Salinas, helping to cook for and serve the
homeless monthly for 15 years.
s Service Learning program since 1995, developing and teaching some of the first Service Learning experiences offered to students, and serving for several years as the administrative head of the program. We put approximately 1100 volunteers into the community every semester.

Have collaborated in setting up academic programs with American universities in a number of countries including Pakistan, Dubai, Ecuador and Costa Rica ATTACHMENT 2
Council Regular Meeting, 6/7/2022, Item No. 14., Item Page 15, Packet Page 80 Served on the Board of Governors for Moss Landing Marine Labs from 1996 to 2015.

Serve on the Hartnell College STEM task force
Served on the CSUMB Foundation Board, and on several advisory committees.

ATTACHMENT 2
Council Regular Meeting, 6/7/2022, Item No. 14., Item Page 16, Packet Page 81 Council
Agenda Report
№10/13
FROM: Kimberly Cole, AICP, Community Development Director Prepared by: Chris Schmidt, Senior Associate Planner
SUBJECT: Levy Assessment to Fund the North Fremont, New Monterey, and Cannery Row Business Improvement Districts (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 resolutions to levy the assessment to fund the Business Improvement Districts.

VALUE DRIVERS:

POLICY IMPLICATIONS:

This is the second of two steps required to continue the Business Improvement Districts (BIDs) Assessments for Fiscal Year 2022/2023. The first step was the adoption of the Resolution of Intent to Levy Assessment on May 17, 2022 and the publication of the Resolutions of Intention to Levy Assessment not less than seven days before this hearing. The second step is the public hearing.

FISCAL IMPLICATIONS:

Business Improvement Districts are enabled in State law so businesses can self-assess to complete their program objectives. The City’s role is to hold the public hearing where businesses can decide to protest the self-assessment.

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.

Date: 6/7/2022
Item No.: 15.

Council Regular Meeting, 6/7/2022, Item No. 15., Item Page 1, Packet Page 82 ALTERNATIVES CONSIDERED:

The City Council could decide not to adopt the resolutions. To disestablish the BIDs, the City Council would be required to adopt an ordinance after holding a public hearing on the disestablishment, as provided in Streets & Highways Code section 36550.

DISCUSSION
The purpose of the hearing is to adopt resolutions to levy the assessments for the next fiscal year. The New Monterey and North Fremont BIDs use the assessment funds for promotions, beautification, and business recruitment, as well as advertising. The Cannery Row BID is focused on physical and operational upgrades since the Cannery Row Marketing Council conducts marketing and promotion activities for the Cannery Row area.

Funds for each BID are collected from the assessment of businesses within the district.

At the public hearing, oral and written protests will be accepted. A protest may be made orally or in writing by any interested person. California Streets & Highways Code sections 36524-36525 establish the process for protests to be considered. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set for the irregularity or defect to which the objection is made.

Written protests shall be filed with the City Clerk at or before the time fixed for the public hearing The City Council may waiver any irregularity in the form or content of any written protest and at the public hearing, may correct any minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the hearing. 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 Council should open the public hearing, take public comment, and approve the Resolutions.

CAS
Attachments: (Annual Reports are available for public review at the City of Monterey City Clerk’s Office and the Community Development Department)

1. North Fremont District Boundary Map

2. New Monterey District Boundary Map

3. Cannery Row District Boundary Map

4. North Fremont District Resolution

5. New Monterey District Resolution

6. Cannery Row District Resolution
e: Kelly Violini, North Fremont Business Association
Council Regular Meeting, 6/7/2022, Item No. 15., Item Page 2, Packet Page 83 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, 6/7/2022, Item No. 15., Item Page 3, Packet Page 84 Council Regular Meeting, 6/7/2022, Item No. 15., Item Page 4, Packet Page 85 Council Regular Meeting, 6/7/2022, Item No. 15., Item Page 5, Packet Page 86 Council Regular Meeting, 6/7/2022, Item No. 15., Item Page 6, Packet Page 87 RESOLUTION NO. __- ___ C.S.

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

CONFIRMING THE REPORT OF THE NORTH FREMONT BUSINESS DISTRICT

OF MONTEREY AND ADOPTING 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 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 North Fremont Business District of Monterey for fiscal year 2022/2023. District boundaries have not changed and are shown in attachment 1 to the agenda report and the map is 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 Fremont, 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. The report recommends no change to boundaries or work program, Council Regular Meeting, 6/7/2022, Item No. 15., Item Page 7, Packet Page 88 2 and continuance of the annual assessment of 25% of the business license fee for the City, but not to exceed $500.

5. Adoption of this Resolution constitutes the levy of assessments for the Business Improvement District for fiscal year 2022/2023.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this 7th day of June 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, 6/7/2022, Item No. 15., Item Page 8, Packet Page 89 RESOLUTION NO. __- ___ C.S.

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

CONFIRMING THE REPORT OF THE NEW MONTEREY BUSINESS ASSOCIATION AND ADOPTING 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.

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 not changing and are shown in attachment 2 to the agenda report and the map is 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 2022/2023 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 2022/2023 is 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 25% of the business license fee for the City, but not to exceed $250.

Council Regular Meeting, 6/7/2022, Item No. 15., Item Page 9, Packet Page 90 2 5. Adoption of this Resolution constitutes the levy of assessments for the Business Improvement District for fiscal year 2022/2023.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this 7th day of June, 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, 6/7/2022, Item No. 15., Item Page 10, Packet Page 91 RESOLUTION NO. __- ___ C.S.

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

CONFIRMING THE REPORT OF THE CANNERY ROW BUSINESS ASSOCIATION AND ADOPTING 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;
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.

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 2022/2023. District boundaries are not changing and are shown in attachment 3 to the agenda report and the map is 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.

3. The program of improvements and activities are carried out by the Cannery Row Business Association. 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.

Council Regular Meeting, 6/7/2022, Item No. 15., Item Page 11, Packet Page 92 2 4. A report on the proposed program for fiscal year 2022/2023 is 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. Adoption of this Resolution constitutes the levy of assessments for the Business Improvement District for fiscal year 2022/2023.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this 7th day of June, 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, 6/7/2022, Item No. 15., Item Page 12, Packet Page 93 Council
Agenda Report
№07/19
FROM: Hans Uslar, City Manager
SUBJECT: Recognize June 2022 as LGBTQ Pride Month and Authorize Pride Flag Display at City Hall for the Month of June 2022 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council recognize June 2022 as LGBTQ Pride Month and Authorize a Pride Flag display at City Hall for the month of June 2022.

VALUE DRIVER:

Foster a local government that is transparent and collaborative; and solicits, welcomes and appreciates input from all.

POLICY IMPLICATIONS:

The City of Monterey recognizes and celebrates Pride month in honor of the culture, accomplishments, and contributions of the LGBTQ community, and in advancement of equality for LGBTQ individuals and their families in Monterey. The City declares its intent that the placement of the Pride flag is its own message, and the display of such flag by the City shall not function as the designation of a traditional public forum.

FISCAL IMPLICATIONS:

There are no costs incurred in connection with supporting this action.

ENVIRONMENTAL DETERMINATION:

ALTERNATIVES CONSIDERED:

None.

Date: 6/7/2022
Item No.: 16.

Council Regular Meeting, 6/7/2022, Item No. 16., Item Page 1, Packet Page 94 DISCUSSION:

The month of June marks the anniversary of the Stonewall Riots that gave birth to the modern Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Intersex, and Asexual (LGBTQ+) civil rights movements in the United States, and many states and cities across the country recognize and celebrate the month of June as LGBTQ Pride Month.

By adopting the proclamation, the month of June is recognized as LGBTQ Pride Month in the City of Monterey. In addition to the proclamation, the rainbow flag will be raised for the month of June at a flag-raising ceremony to honor the history of the LGBTQ liberation movement and to support the rights of all citizens to experience equality and freedom from discrimination. The rainbow flag is widely recognized as a symbol of pride, inclusion and support for social movements that advocate for LGBTQ people in society. The City does not use its flagpoles to sponsor the expression of third parties. The City declares its intent that the placement of the Pride flag is its own message, and the display of such flag by the City shall not function as the designation of a traditional public forum.

The City of Monterey invites all residents to celebrate the culture, accomplishments and contributions of the LGBTQ community and encourage everyone to help advance the cause of equality for LGBTQ individuals and their families in Monterey and around the world.

Attachments: 1. Draft Resolution
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 6/7/2022, Item No. 16., Item Page 2, Packet Page 95 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
RECOGNIZING JUNE 2022 AS LGBTQ PRIDE MONTH AND
AUTHORIZING PRIDE FLAG DISPLAY AT CITY HALL FOR THE MONTH OF JUNE 2022 WHEREAS, the Monterey City Council recognizes and proclaims the month of June 2022 as Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) “Pride Month” throughout the City of Monterey;
WHEREAS, the City of Monterey joins our neighboring cities in observing Pride Month with a Pride flag raising ceremony to honor the history of the LGBTQ liberation movement and to support the rights of all citizens to experience equality and freedom from discrimination; WHEREAS, the rainbow flag is widely recognized as a symbol of pride, inclusion, and support for social movements that advocate for LGBTQ people in society; WHEREAS, the City of Monterey has a long and proud history of inclusion and civil rights and is committed to supporting visibility, dignity, and equality for LGBTQ people in our diverse community;
WHEREAS, this nation was founded on the principle that every individual has infinite dignity and worth, and the Monterey City Council calls upon the people of this municipality to embrace this principle and work to eliminate prejudice everywhere it exists; WHEREAS, the Supreme Court decision guaranteeing marriage equality in all 50 States was a historic victory for the LGBTQ community, our country still has far to go with respect to the equitable treatment of the LGBTQ community;
WHEREAS, according to NBC News1, nearly 240 anti-LGBTQ bills were filed in 2022, most of them targeting trans people. According to the article, the annual number of anti-LGBTQ bills skyrocketed over the past several years from 41 in 2018 to 238 in less than three months this year. While society at large increasingly supports LGBTQ equality, it is essential to acknowledge that the need for education and awareness remains vital to end discrimination and prejudice; and
WHEREAS, the City of Monterey commends the bravery and courage of all those in the LGBTQ community that face adversity and various forms of violence. Continued opposition and oppression against LGBTQ peoples makes it important for neighbors to stand up and show solidarity and support for our LGBTQ residents and the community at large; WHEREAS, LGBTQ individuals have had immeasurable impact to the cultural, civic, and economic successes of our country; and
WHEREAS, celebrating Pride Month influences awareness and provides support and advocacy for cities across the world including here on the Monterey Peninsula, and is an opportunity to take action and engage in dialogue to strengthen alliances, build acceptance and 1 Nearly 240 anti-LGBTQ bills filed in 2022 so far, most of them targeting trans people (nbcnews.com) Council Regular Meeting, 6/7/2022, Item No. 16., Item Page 3, Packet Page 96 advance equal rights. June has become a symbolic month in which the LGBTQ community and allies come together in various celebrations of pride;
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.

BE IT FURTHER RESOLVED that the City hereby declares that it does not use its flagpoles to sponsor the expression of third parties. The City declares its intent that the placement of the Pride flag is its own message, and the display of such flag by the City shall not function as the designation of a traditional public forum. The rainbow flag will be raised during the month of June 2022, recognizing all LGBTQ residents whose influential and lasting contributions to our neighborhoods make the City of Monterey a vibrant community in which to live, work and visit.

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, 6/7/2022, Item No. 16., Item Page 4, Packet Page 97 Council
Agenda Report
№07/19
FROM: Nat Rojanasathira, Assistant City Manager
SUBJECT: Authorize the Mayor to Sign an Open Letter to Congress for Sensible Federal Legislation to Curb Gun Violence (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council authorize the Mayor to sign an open letter to Congress on gun violence prevention, supported by the National League of Cities.

VALUE DRIVER:

In collaboration with our community partners, work to improve the quality of life of all of our community members by […] maintaining a safe environment.

POLICY IMPLICATIONS:

The City of Monterey advocates on behalf of the community’s interests at the regional, state, and federal level. Mass shootings and gun violence has ripped cities and communities apart, and Monterey is not immune to these horrific acts. It is in the City’s best interest to consider joining the National League of Cities in signing an open letter to the United States Congress pleading bipartisan leaders to enact stronger federal laws to protect our communities, families, and children.

FISCAL IMPLICATIONS:

There are no costs incurred in connection with supporting this letter.

ENVIRONMENTAL DETERMINATION:

Date: 6/7/2022
Item No.: 17.

Council Regular Meeting, 6/7/2022, Item No. 17., Item Page 1, Packet Page 98 ALTERNATIVES CONSIDERED:

The City could choose not to support signing the open letter to Congress on gun violence prevention. This is not recommended, as staff believes communities such as Monterey would be safer if Congress enacts stronger laws that keep guns out of the hands of individuals who intend to commit violence.

DISCUSSION:

Gun Violence and Mass Shootings in the United States
During the month of May alone, 44 mass shootings have occurred in communities across the United States, killing 60 people and injuring 209, with even more deaths resulting from gun violence other than mass shootings. Many of these shootings could have been prevented if stronger federal laws existed to protect our nation’s residents.

No city in the United States, including Monterey, is immune from gun violence. Yet, stronger federal laws can help reduce gun violence and prevent the deaths of innocent residents at the hands of those who should have never had access to guns. The City of Uvalde, Texas joins the list of cities that have suffered from these mass shootings, including Buffalo, New York; Parkland, Florida; and Newtown, Connecticut. In California, recent mass shootings have occurred in Sacramento, San Jose, Gilroy, Thousand Oaks, San Bernardino, and other communities.

The United States has more mass shootings (in which four or more people were killed) than other developed countries.

Council Regular Meeting, 6/7/2022, Item No. 17., Item Page 2, Packet Page 99 Proposed Letter to Congress
Staff recommends that the City Council join the National League of Cities in their letter to Congress to quickly enact stronger laws that keep guns out of the hands of individuals who intend to commit violence. This bipartisan policy would also support stronger mental health systems. The letter recommends the following federal policy positions:

1. Shutting down the illegal sale and distribution of firearms and gun trafficking;

2. Requiring a waiting period of up to 30 days for the purchase or transfer of all guns so that local police agencies may check the criminal and mental health status of purchasers;

3. Banning the manufacture, sale, importation, or transfer of all automatic and semiautomatic assault-type weapons;

4. Requiring the Department of Justice to work closely with state and local law enforcement to aggressively target and hold accountable licensed and unlicensed individuals who break the law by knowingly selling or transferring firearms or ammunition to prohibited persons, gun traffickers, or straw purchasers;

5. Helping state and local governments enact extreme risk protection orders, also known as red flag laws;

6. Requiring every state to include people who have been adjudicated as mentally ill or have been committed to any mental institution to be registered as a prohibited person in the national instant criminal background check system;

7. Establishing a national commission that consists of federal, state, and local officials, gun rights advocates, survivors of gun violence, law enforcement officials, and medical and mental health providers to recommend legislative solutions aimed at reducing gun violence in the United States;

8. Ensuring that all Americans have access to adequate physical and mental health care, including mental health parity and the provision of comprehensive services to address mental health needs for persons with general mental health conditions, serious mental health diagnoses, and substance use disorders; and

9. Increasing federal funding for the Centers for Disease Control and Prevention to support data and indicators that will inform local strategy in cities and towns across our country as they address the issue of violence in their communities.

Staff believes that the policy recommendations outlined in this letter are sensible and fair. For these reasons, staff recommends that the City Council authorize the Mayor to sign the National League of Cities’ open letter to Congress.

Attachments: 1. Draft Letter
Council Regular Meeting, 6/7/2022, Item No. 17., Item Page 3, Packet Page 100 Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 6/7/2022, Item No. 17., Item Page 4, Packet Page 101 -DRAFTJune 7, 2022
RE: Open Letter to Congress on Gun Violence Prevention
Dear Members of the United States Congress:

As bipartisan leaders of the nation’s cities, towns, and villages, we plead with you to enact stronger federal laws that help us protect all our kids, residents, and communities from gun violence. In the month of May, 44 mass shootings have occurred in communities across our country, killing 60 people and injuring 209, and even more deaths have resulted from gun violence other than mass shootings. These could have been prevented if we had stronger federal laws to protect our nation’s residents.

In cities, towns and villages across our country, kids should not have to go to school worrying about being shot, people should be able to go to the grocery store without the fear of being killed because of the color of their skin, and worshippers should not fear going to their place of worship thinking they could be targeted because of their beliefs.

We are a nation of laws, but our laws are not sufficient when it comes to guns. The City of Uvalde, Texas joins the list of communities like Buffalo, New York; Parkland, Florida; Newtown, Connecticut; and far too many others who have faced the deaths of innocent residents at the hands of those who should never have had access to guns. The list of mass shootings keeps growing. At the same time, state lawmakers roll back gun laws, and federal lawmakers do nothing.

Consistent with the National League of Cities’ National Municipal Policy, which consists of consensus-driven federal policy positions crafted and approved by the bipartisan membership, we call on Congress to quickly enact stronger laws that keep guns out of the hands of individuals who intend to commit violence, as well as support stronger mental health systems by:

1. Shutting down the illegal sale and distribution of firearms and gun trafficking;

2. Requiring a waiting period of up to 30 days for the purchase or transfer of all guns so that local police agencies may check the criminal and mental health status of purchasers;

3. Banning the manufacture, sale, importation, or transfer of all automatic and semiautomatic assault type weapons;

4. Requiring the Department of Justice to work closely with state and local law enforcement to aggressively target and hold accountable licensed and unlicensed individuals who Council Regular Meeting, 6/7/2022, Item No. 17., Item Page 5, Packet Page 102

Page 2 ends

break the law by knowingly selling or transferring firearms or ammunition to prohibited persons, gun traffickers or straw purchasers;

5. Helping state and local governments enact extreme risk protection orders, also known as red flag laws;

Sincerely,
Mayor Clyde Roberson
City of Monterey
cc: Monterey City Council
U.S. Senator Dianne Feinstein
U.S. Senator Alex Padilla
Congressmember Jimmy Panetta, California’s 20th Congressional District Council Regular Meeting, 6/7/2022, Item No. 17., Item Page 6, Packet Page 103 Council
Agenda Report
№08/22
FROM: Hans Uslar, City Manager
Prepared By: Rafaela T. King, CPA, MBA, Finance Director SUBJECT: Presentation on the Preliminary FY2022/23 Operating 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 presentation on the preliminary FY2022/23 Operating Budget and provide guidance.

VALUE DRIVERS:

POLICY IMPLICATIONS:

Receiving a presentation on the preliminary budget would be consistent with City practice and policy. Future adoption of the budget would be consistent with City Charter Section 6.3, and with established policy and procedures for adopting and amending the annual budget.

FISCAL IMPLICATIONS:

The recommended action is to receive a presentation and consider providing guidance to staff.

Future action, scheduled for the City Council Meeting on June 21, 2022, would adopt the proposed FY2022/23 budget as follows:

OPERATING BUDGET - REVENUES
FY2022/23 Operating Revenues Transfers In Total
General Fund $ 87,729,263 $ 1,125,517 $ 88,854,780
Other Funds $ 95,943,462 $ 1,500,000 $ 97,443,462
Total $ 183,672,725 $ 2,625,517 $ 186,298,242

OPERATING BUDGET - EXPENDITURES
FY2022/23
Operating
Expenditures Transfers In Out Total
General Fund $ 89,630,655 $ 1,500,000 $ 91,130,655
Other Funds $ 61,620,461 $ 1,125,517 $ 62,745,978
Date: 6/7/2022
Item No.: 18.

Council Regular Meeting, 6/7/2022, Item No. 18., Item Page 1, Packet Page 104 Total $ 151,251,116 $ 2,625,517 $ 153,876,633
The General Fund’s expenditure exceed the revenues by approximately $2.2M. Staff intends to use projected salary savings and a portion of the unassigned fund balance as one-time revenue enhancers to balance the budget. Other Funds include Special Revenue Funds, Enterprise Funds, Internal Service funds and Agency Funds.

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 Council could choose to appropriate different amounts or choose to remove items from the budget.

DISCUSSION:

As presented at the May 17, 2022 City Council Study Session, Monterey continues to face budget challenges due to the ongoing structural deficit in the General Fund. Staff was able to present a proposed balanced budget for FY22/23, with the use of several one-time revenue enhancements inclusive of a projected four percent salary savings, use of projected FY2021/22 unassigned fund balance.

Since the May 17, 2022 study session, Staff refined the budgets further to align transfers of support services, reconciled FY22/23 position budget cost allocation, allocated funding for cost of living adjustments to the authorized amounts and adjustments to various reserve funds. The information presented below reflects the updated FY2022/23 proposed budget, which staff will be recommending for adoption on June 21, 2022.

City Manager’s Budget Message
"You can't connect the dots looking forward. You can only connect them looking backward. So you have to trust that the dots will somehow connect in your future. You have to trust in something -- your gut, destiny, life, karma, whatever. This approach has never let me down, and it has made all the difference in my life."
- Steve Jobs
Council Regular Meeting, 6/7/2022, Item No. 18., Item Page 2, Packet Page 105 Our staff and I are pleased to present to you the preliminary FY 2022/23 annual budget. For the first time, the General Fund expenditures will exceed $90 million – combined with the special and enterprise funds, our budget will exceed $150 million.

The Bottom Line Up Front or “BLUF” is simple: Monterey’s stellar economic recovery from the devastation caused by the pandemic, combined with the recent tax measures and record revenues has led to record hotel, sales, and property taxes; yet, we do not have sufficient revenues to balance all aspects of our operational budget. Monterey is still facing a structural deficit, which is requiring us to propose injecting one-time unassigned balances to help us get through next fiscal year.

Stated differently: our projected expenditures will exceed our projected revenues. We will be bridging next fiscal year’s shortfall with this year’s higher than anticipated revenues and underspending in some of our operational accounts.

The introductory quote from Apple founder Steve Jobs amplifies our analysis and conclusions, which are reflected in the presented budget. A quick look backward will allow us to better grasp our proposed budget. Looking backwards tells us what has worked in the past and it allows us to apply lessons learned to calibrate and fine-tune our City’s future.

Since the massive layoff of 72 full-time employees and the elimination of 102 positions in June of 2020, we were able to rehire more than 40 employees. Many of them were Library, Sports Center, Parks and Recreation, and Conference Center employees. Filling those positions again was also reflective of the phased reopening of facilities and operations previously shut down by the pandemic. However, as the numbers of rehired employees indicate, demand for services in those areas are still lagging significantly behind pre-pandemic levels of 2019.

Our fiscal ability to rehire or to employ employees is driven by two main factors: tax revenues and cost recovery/fees for City services.

First and foremost, Monterey’s main industry, the hospitality sector with its associated hotels, motels, restaurants, and shops, has recovered better than expected. Notably, today’s labor shortages are limiting some of the hospitality businesses to further increase their revenues.

More visitors on the Monterey Peninsula translate into higher hotel tax and sales tax that funds essential city services. Without the revenues from this industry, which on top of hotel tax includes a whopping 62% of sales tax generated by non-residents, many services in the City would not be funded at the same level as they are today. The unprecedented layoffs and facility closures in 2020 as a result of drops in hotel and sales tax is living proof of how much the City of Monterey relies on hospitality. The reality is that fewer tourists equate to fewer police officers, firefighters, parks, library hours, and other services that residents rely on. “A rising tide lifts all boats” – this was true pre-pandemic and that is true today.

Second, while we see strong tax revenues in hotel, sales, and property tax, we have not seen all our patrons return to use City services. One example is the Monterey Sports Center which just celebrated its 30th anniversary. Our Sports Center represents Monterey’s brand of caring and delivering service levels like no other community. Long before the Healthy Eating Active Living (HEAL) Initiative and long before the Blue Zones Project, precisely in 1988, the City Council and residents understood that providing a well-run and affordable fitness and swim center (“swim-gym”) for all would strengthen the public health, wellness, and social DNA of Council Regular Meeting, 6/7/2022, Item No. 18., Item Page 3, Packet Page 106 residents and families on the Monterey Peninsula. Today, the Sports Center is ready to connect those dots again. We have to trust that once again, the Sports Center’s programs, services, and affordability will attract thousands of users again.

Yet, today, what we need to do is invest in the future of this gem, with the clear expectation to bring back patrons and attract new customers within the span of the next 12 months. To make this happen, we will be working with a trusted fitness center consultancy firm to assess our Sports Center operations, staffing, revenue model, programming, marketing, and space utilization. The goal is to provide the City with real-time insights and best practices for our facility. In order to bridge the delta between expected expenses and revenues, the City will need to allocate approximately $2.5 million in City funding to support the facility’s operations and debt payment. That, in addition to capital replacement needs exceeding $2 million.

Our cautious re-opening approach will also continue in our Conference Center, which remains the economic engine for Monterey’s hotels, motels, and restaurants. One thousand conference participants on a Wednesday in November help fill local dining places in Old Monterey, Cannery Row, or the Wharves with orders for breakfast, lunch, and dinner. As a matter of fact, the Monterey County Convention and Visitors Bureau states that conference participants outspend leisure travelers two-fold to three-fold. The banquet/catering revenue plus the cost of space, audio and visual services, expensed meals and social activities contribute to the value of group travelers on the City’s economy and employment. Additionally, group travelers have a lighter footprint on the destination, traveling more on foot and less by car. While the leisure travel industry has returned, we are still waiting for the Conference Center business to reach 2019 levels. Right now, this part of the hospitality industry remains fragile and our bookings for the conference center are 30% below 2019 levels. Aside from recovering costs for the use of the facility, our Conference Center brings “heads into beds,” thus increasing sales and hotel taxes, which ultimately help us sustain our service levels. Another evolving business within the Conference Center are large-scale weddings, which fill the ballrooms with as many as 1,000 wedding guests. The funding delta for our Conference Center is expected to be around $1 million below the scheduled expenditures. And, once again as a reminder, the Conference Center is designed to generate hotel and sales tax in the City thus recovering their costs indirectly quite handsomely.

Another flagship operation of the City is the Monterey Public Library. After two tough years, the library will be funded again at more than $3 million. Staff is grateful for the smart leadership exercised by the current Board of Library Trustees – together with their help, as well as a new dynamic in fundraising accomplished by the Friends of the Library, we can recommend approval of additional positions in the library to support Youth/Teen programs and underserved populations through the Bookmobile.

The path forward for our Sports Center, Conference Center and Library is to remain focused on smart decision making. The best practices for a post-pandemic 2022/23 are fundamentally different than just a few years ago. Patrons are still cautious, and our society has not yet come to terms with the pandemic.

In FY 2022/23, all other services levels will continue to be funded and partially reinstated. Public safety services include Police, Fire, and Public Works (General Fund) with little offsetting revenues. Community Development, specifically Planning and Building Inspection, generate some fees offsetting the costs of their services.

Council Regular Meeting, 6/7/2022, Item No. 18., Item Page 4, Packet Page 107 Support service departments include the Finance and Human Resources Departments, City Attorney’s Office, and City Manager’s Office (which includes Information Services, Conference Center, City Clerk, and Community Outreach). They remain the backbone of all City services.

The suggested budget includes small increases in staffing levels, which often just mean reinstatement of positions, which during the pandemic, had been previously eliminated or unfunded. Worth mentioning are two fire safety-related positions: one, is the reinstatement of a Fire Training Division Chief and the other one is the planned reinstatement of the Greenbelt Coordinator, a position responsible to maintain our many greenbelts and to ensure the removal of fire fuel. Once again, the City’s list of deferred maintenance can be only partially addressed.

Measure P/S and Measure X have been funding road maintenance as well as repairs on City sidewalks and storm drains. The budget contains an allocation of $750,000 towards capital improvement projects while parallel, per charter, $4.96 million additional General Fund dollars are being allocated to the Neighborhood and Community Improvement Program (NCIP). Staff suggests that Council considers by 4/5ths vote to allocate $2 million of this funding towards necessary capital improvement projects and bond payments for the Sports Center, leaving $2.96 million available for NCIP projects.

The proposed budget also includes an allocation of $250,000 towards the facility reserve for the Monterey Conference Center. This will bring this reserve up to $1 million. For reasons outlined above, it is essential for the economic future of the City to ensure that a future generation has sufficient funding available to rehabilitate the Conference Center, which ensures Monterey’s economic viability. The funding of these reserves affirms the intentions made by some during the Measure Y campaign to allocate some of the new and additional hotel tax revenues towards this facility.

California’s pension obligations challenges are well documented. Monterey’s unfunded pension liability are exceeding $170 million. The budget proposal will add another $1 million towards our pension reserve fund partially utilizing the additional tax revenues derived from the ½-cent general sales tax measures approved by the voters in March 2020.

We need to continue to reinvest and to replace our information technology infrastructure. Almost all our operations require hardware and software which allows us to share information across platforms. During budget midyear, Council allocated $2 million towards the Information Technology reserves, which we will be partially spend as part of the proposed budget.

Monterey’s employees have been performing exceptionally well in the past two years being categorized as essential workers during the shutdowns caused by the pandemic. Currently the City is negotiating with all our bargaining units for new labor contracts. Our budget will leave room for Council to make fair and modest adjustments into our labor agreements, which we can fiscally sustain over the length of the bargaining agreements.

This proposed budget is also reflective of the current assessments of key economic factors which will influence our tax revenues. Our general revenue assumptions are cautiously optimistic. Travel volume, pent-up demand in consumer spending paired with a stronger return to brick and mortar stores as well higher real estate values will (in all likelihood) continue to return strong tax revenues for the City.

Council Regular Meeting, 6/7/2022, Item No. 18., Item Page 5, Packet Page 108 The budget also contains a proposal to move the City away from allocating City funds to business districts. While in the overall General Fund picture, the allocated funds have been on the smaller side the City’s continued investment into all business districts exceeds millions of dollars. When you consider the 6% hotel tax allocation towards the destination marketing ($350,000 of the $1.8M are being returned and allocated towards the Conference Center bond), the costs for the trolley services plus the additional investment into personnel including public safety, public works and parks necessary to keep Monterey a safe and clean destination for millions of tourists.

Restaurants and other visitor dependent businesses do not contribute to the destination marketing like the hotel/motels do, yet they are clearly benefitting from the investments made by the hotels/motels and City. Staff encourages the districts to work with their businesses to come up with additional funding from their members such as the restaurants to make up for the loss of funding from the City. Staff suggests that for profit enterprises should be the ones who pay for the initiatives of their respective organizations. The time to act is now as the tourism based sector, including Monterey’s restaurants, are showing significant economic recovery, in some cases matching or exceeding pre-pandemic sales data.

The Council’s decisions in March 2022 allowed us to allocate funding into a variety of funds and reserves. The presented budget for Fiscal Year 2022/23 is clearly benefitting from the wisdom of those decisions. The City’s reserve fund for economic uncertainty will remain funded at the required policy level of 16.6%.

Our proposed budget will allow us to keep up with the increased costs of utilities, supplies and labor. Staff knows that the presented budget has connected the dots into the future of the next twelve months and, at least partially, beyond. We have our work cut out as we will approach the future challenging business as usual.

Structural Deficit
The General fund has experienced an ongoing structural deficit for several years. In 2019 and 2020, the council took matters to the voters who overwhelmingly approved tax measures to increase revenue to the city. In 2021 and 2022, the results of those tax increases can be seen in the financial statements. There is growth in Transient Occupancy Tax (TOT) and Sales Tax have also increased. While this revenue uptick shows a strong rate of recovery in the city’s revenues, with the increases in the Consumer Price Index (CPI) above 8%, the result is that the city is just maintaining where it was prior to the pandemic. With this in mind, the City continues to be cognizant of its financial position while putting tools in place to mitigate the structural deficit through cost saving changes to efficiencies and processes and increasing revenue streams and cost recovery where feasible.

One-Time Revenue Enhancements
The preliminary FY22/23 budget was balanced partly with one-time revenue enhancements.

These enhancements included projected salary savings of 4%. This projected amount is based on the trends in vacancies and the length of time it takes to fulfill the vacant positions. While we would like to have all positions filled, we know through experience that attrition happens and fulfillment of positions with quality staff takes time.

Council Regular Meeting, 6/7/2022, Item No. 18., Item Page 6, Packet Page 109 As presented to Council as part of the March Mid-Year budget review, we expect the ending unassigned Fund Balance at June 30, 2022 to be more than expected at the adoption of the FY2021-22 budget. Modifications were made at that time to reflect the increase and increase the economic recovery reserve as well as establish other needed reserve funds. Since that time, we have noted the revenues from TOT and Sales Tax coming in stronger than expected as the Omicron variant of the COVID has not had a huge negative effect in traveling for our city.

With this knowledge, we were able to allocate more of the unassigned fund balance for FY21/22 to balance the FY22/23 budget.

Staffing Changes
We are still in the process of restoring staffing levels and addressing the service needs of each department. While we were not able to fulfill all requested positions in each department, we are proposing the following staffing modifications including some additions, deletions, movement between funds, and reclassifications.

Community Development
Reclass/Additions Salary Benefits PERS Total
Planning Manager* $160,000 $27,000 $13,000 $200,000
Property Manager $135,648 $20,000 $9,000 $164,648
Property Manager ($116,400) ($20,000) ($9,000) ($145,400) Admin Assistant RPT $41,746 $4,554 $2,821 $49,121
Admin Assistant PT ($25,000) $0 $0 ($25,000)
Total $243,769
Finance Department
Reclass/Additions Salary Benefits PERS Total
Exec Assistant $17,556 $8,735 $1,587 $27,878
Business License
Inspector* (3 years)
$85,560 $27,086 $7,518 $120,164
Finance Manager $125,572 $39,272 $13,348 $178,191
Senior Accountant ($116,400) ($39,272) ($13,348) ($169,019) Finance Manager $127,447 $6,637 $10,377 $144,460
Senior Accountant ($118,275) ($6,637) ($10,377) ($135,288) Total $166,386
Fire Department
Addition Salary Benefits PERS Total
Division Chief $164,352 $28,218 $14,792 $207,362
Human Resources Department
Reclass/Additions Salary Benefits PERS Total
Deputy HR Manager ($145,248) ($17,470) ($13,130) ($175,848) Assistant HR Director $153,103 $39,218 $14,792 $207,362 HR Analyst ($92,496) ($29,240) ($11,136) ($132,872)
HR Coordinator $79,116 $46,657 $9,494 $135,267
Council Regular Meeting, 6/7/2022, Item No. 18., Item Page 7, Packet Page 110 Total $33,909
HR Specialist* MidYear ($72,096) ($46,657) ($8,680) ($127,433) HR Coordinator $79,116 $46,657 $9,494 $135,267
HR Specialist* MidYear ($70,340) ($8,163) ($8,469) ($86,972) HR Coordinator $74,995 $8,163 $9,000 $92,158
Total at MidYear$13,020*50% =
$6,510
Library Department
Reclass/Additions Salary Benefits PERS Total
Librarian $75,684 $26,976 $6,812 $109,472
Library Assistant II $63,744 $26,730 $7,650 $98,124
Library Assistant II
RPT
($48,876) ($1,279) ($5,632) ($55,786)
Library Assistant II $63,744 $26,730 $7,650 $98,124
Library Assistant II
RPT
($47,932) ($32,393) ($5,759) ($86,084)
Total $273,322
****Difference to be
paid by Library Trust
Funds
$14,868 $25,451 $2,018 $42,337
Parks & Recreation Department
Additions Salary Benefits PERS Total
Park Maintenance
Leadworker
$70,104 $26,899 $6,310 $103,312
Greenbelt Coordinator $68,136 $26,871 $6,132 $101,139
Recreation Specialist $53,844 $26,670 $4,846 $85,360
Total $289,811
Police Department
Additions Salary Benefits PERS Total
Police Services Tech $70,152 $26,899 $6,314 $103,365
Total $103,365
Council Regular Meeting, 6/7/2022, Item No. 18., Item Page 8, Packet Page 111 Public Works Department
From
Fund
To Fund Reclass/Additions Salary Benefits PERS Total
101 625 Park Maint
Worker
($47,256) ($26,602) ($4,272) ($78,130)
625 101 Accntng
Specialist
$88,752 $38,299 $8,024 $135,074
101 650 Buldng Maint
Craftsworker
($68,184) ($27,136) ($6,164) ($101,484)
101 Assoc Mechanical
Engineer
($112,344) ($28,323) ($10,156) ($150,823)
101 Eng Projects
Manager
$112,344 $28,323 $10,156 $150,823
101 Custodian $40,980 $26,490 $3,688 $71,158
101 Custodian $40,980 $26,490 $3,688 $71,158
101 Custodian $40,980 $26,490 $3,688 $71,158
101 Senior Custodian $47,160 $26,577 $4,244 $77,981
101 Facility Attendant ($57,696) ($26,724) ($5,193) ($89,613) 101 Lead Custodian $57,696 $26,724 $5,193 $89,613
Total $246,915
FUND
280
Fund Reclass/Additions Salary Benefits PERS Total
Vacant 280 Street Maint
Worker
55,284 26,691 $4,976 $86,951
Vacant 280 Street Maint
Worker
($76,920) ($27,359) ($6,954) ($111,232)
Total ($24,281)
FUND
625
Fund Reclass/Additions Salary Benefits PERS Total
625 101 Accntng
Specialist
($88,752) ($38,299) ($8,024) ($135,074)
101 625 Park Maint
Worker
$47,256 $26,602 $4,272 $78,130
Total ($56,944)
FUND
650
Fund Reclass/Additions Salary Benefits PERS Total
650 Parts Clerk ($52,104) ($26,726) ($4,711) ($83,540)
650 Admin Assistant $55,644 $26,696 $5,008 $87,348
650 Quality Control
Inspect
($91,368) ($27,727) ($8,260) ($127,355)
650 HVAC Senior
Tech
$79,548 $27,031 $7,159 $113,738
650 Senior
Craftsworker
($69,624) ($27,173) ($6,294) ($103,091)
Council Regular Meeting, 6/7/2022, Item No. 18., Item Page 9, Packet Page 112 650 Admin Assistant
RPT
($39,312) ($1,060) ($3,554) ($43,926)
650 Public Works
Inspect
($83,136) ($27,516) ($7,516) ($118,168)
650 Eng Project
Manager
$112,344 $28,323 $10,156 $150,823
650 Park Maint
Worker
($55,284) ($26,691) ($4,976) ($86,951)
101 650 Buldng Maint
Craftsworker
$68,184 $27,136 $6,164 $101,484
Total ($109,638)
FUND
708
Fund Reclass/Additions Salary Benefits PERS Total
708 Admin Assistant $55,644 $26,696 $5,008 $87,348
708 Field Assistant ($60,696) ($26,944) ($5,487) ($93,127) Total ($5,779)
Information Services Division
Fund
710
Fund Reclass/Additions Salary Benefits PERS Total
710 Information Tech
Special
($91,584) ($15,175) ($8,240) ($115,000)
710 Sr. Inform Tech
Special
$95,706 $15,175 $8,614 $119,494
710 Information Tech
Analyst
($103,896) ($35,788) ($12,414) ($152,098)
710 IT Application Eng II $123,744 $35,788 $14,849 $174,382 710 Information Tech
Analyst
($103,104) ($35,788) ($12,414) ($152,098)
710 IT Application Eng II $123,744 $35,788 $14,849 $174,382 710 Information Tech
Analyst
($103,536) ($68,807) ($9,321) ($181,664)
710 IT Application Eng II $123,744 $68,807 $11,137 $203,688 710 IT Network Engineer
I
$105,000 $35,788 $14,849 $155,637
710 Systems & Network
Admin* (Increase)
$3,790 $341 $4,131
Total $230,854
Council Regular Meeting, 6/7/2022, Item No. 18., Item Page 10, Packet Page 113 Risk Management
Fund 718 Reclass/Additions Salary Benefits PERS Total
RM Analyst ($93,000) ($30,000) ($11,500) ($134,000)
Risk Manager $130,000 $30,000 $13,348 $173,348
Total $38,848
Five Year Projections
A summary of the General Fund 5-Year Forecast is as follows, assuming continued growth in revenue and conservative increases in operating costs.

General Fund ($ million)
FY 21/22
Amended
Budget
FY22/23
Proposed
Budget
FY23/24
Projected
Budget
FY24/25
Projected
Budget
FY25/26
Projected
Budget
FY26/27
Projected
Budget
Revenue $ 87.3 $ 88.8 $ 90.5 $ 92.4 $ 94.0 $ 96.6
Expenditure
$
(82.0) $ (91.1) $ (92.9) $ (94.8) $ (96.7) $ (98.6)
Revenue Over/(Under) Expenditure $ 5.3 $ (2.3) $ (2.4) $ (2.4) $ (2.7) $ (2.0) Transfers, Debt Service & CIP
Transfer In $ 0.7 $ 1.1 $ 1.1 $ 0.8 $ - $ -
Transfer Out Other $ (0.1) $ (0.2) $ (0.2) $ (0.2) $ (0.1) $ (0.1) Transfer Out Debt Service $ (0.5) $ (0.5) $ (0.5) $ (0.5) $ (0.5) $ (0.5) Transfer Out Capital Improvement Program $ (1.5) $ (0.8) $ (0.8) $ (0.5) $ (0.5) $ (0.5) Net Transfer (Use) $ (1.5) $ (0.4) $ (0.4) $ (0.4) $ (1.2) $ (1.2) Estimated Surplus/(Deficit) $ 3.8 $ (2.7) $ (2.8) $ (2.8) $ (3.8) $ (3.2) Funded Reserves
At Mid-Year, council approved allocating funding to various reserve funds to maintain the Economic Uncertainty fund, and start funding the $173M pension liability, and various other facilities deferred maintenance as well as funding for the deferred technology upgrades. Staff proposes to continue funding at minimum levels these funds as part of the annual budget process.

Reserves & Designations
($ Millions)
6/30/2022
(Amended)
6/30/2023
(Estimated)
6/30/2024
(Estimated)
6/30/2025
(Estimated)
6/30/2026
(Estimated)
6/30/2027
(Estimated)
Economic Uncertainty $ 2.40 $ 0.21 $ 0.30 $ 0.31 $ 0.31 $ 0.32 Capital Projects (On-Going) $ 0.75 $ 0.75 $ 0.75 $ 0.75 $ 0.75 $ 0.75 Encumbrances (PO) $ (0.70) $ (0.75) $ (0.50) $ (0.50) $ - $ - Other Designations $ - $ - $ - $ - $ - $ -
Pension Fund $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00
Conference Center Facilities $ 0.75 $ 0.25 $ 0.25 $ 0.25 $ 0.25 $ 0.25 Sport Center Facilities $ 0.90 $ 0.25 $ 0.25 $ 0.25 $ 0.25 $ 0.25 Technology $ 1.50 $ 0.25 $ 0.75 $ 0.75 $ 0.25 $ 0.25
Other Facilities $ - $ 0.30 $ 0.30 $ 0.30 $ 0.30 $ 0.30 Total $ 6.60 $ 1.96 $ 2.80 $ 2.81 $ 2.81 $ 2.82
Council Regular Meeting, 6/7/2022, Item No. 18., Item Page 11, Packet Page 114 Recommendation
The increased revenue trend is a strong indicator of the city starting to recover from the devastating loss of revenue due to the pandemic. As we bask in this fact and eagerly look towards the future for full recovery, we must continue to be mindful that we are not quite there yet. This budget proposes to continue funding our increasing operating expenses, reserve funds, deferred maintenance and technology, staff needed positions, and provide modest cost of living increases to staff.

As the next fiscal year moves forward, staff will continue to vigorously look for ways to improve the financial footing of the city while being the fiscally responsible stewards of the city resources.

We want to express our appreciation to the Mayor and City Council for their leadership and guidance and all the staff who worked tirelessly and collaboratively with fiscal stewardship in mind in developing the preliminary budget.

Feedback from City Council Sought
At its meeting on June 7, 2022, staff is seeking specific feedback from the City Council on the following elements of the Preliminary FY 2022/23 Budget:

1. Staff recommends that Council considers by 4/5ths vote to allocate $2 million of Neighborhood and Community Improvement Program (NCIP) funding towards necessary capital improvement projects and bond payments for the Sports Center, leaving $2.96 million available for NCIP projects.

As discussed earlier, this action is necessary to fund critical infrastructure needs at the Sports Center, including a dehumidifier, new pool deck surface, plaster and coating, and other needs. There are no other funding sources for this project, and not funding this will result in long-term damage to the community asset and reduce the services provided at the community’s wellness center. Allocating $2 million from other sources would have detrimental effects on City operations, pension liability, and the City’s fiscal health.

2. Staff’s recommended preliminary budget does not include City funding for business districts.

The City continues to invest millions of dollars into its business districts through street improvements, trolley services, maintenance, public safety, public works, parks, and more. In addition, the City already contributes $1.8 million to the Monterey County Convention & Visitors Bureau (MCCVB) for regional destination marketing ($350,000 of which is returned to the City to pay for the Conference Center bond). Staff believes that business districts should not rely on the City’s General Fund contributions, especially at a time when the City is struggling to fund core services such as recreation programs and library personnel.

3. Staff’s recommended staffing changes.

The staffing changes recommended by staff are carefully planned and represent a Council Regular Meeting, 6/7/2022, Item No. 18., Item Page 12, Packet Page 115 fraction of positions requested by City department heads. The changes represent high priority needs. Some of the position changes call for the rehiring/reinstatement of certain positions in the Library and Parks & Recreation departments as a result of the pandemic in 2020. Notably, staff does not recommend any staffing changes in the Monterey Sports Center until the Sports Center Operational Assessment is completed. This Operational Assessment, which is being conducted by a respected sports facility consultancy firm, will include a data review and market analysis, strategic planning, programming analysis, space utilization review, financial forecasting, and staff operational analysis. Staff firmly believes that it would be premature to create new or rehire full-time positions at the Sports Center before the Operational Assessment is completed in fall 2022.

Staff will incorporate the City Council’s feedback as part of a final FY 2022/23 Operating Budget which would be presented to the City Council for adoption at its June 21, 2022 meeting.

HU/nr/rtk
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, 6/7/2022, Item No. 18., Item Page 13, Packet Page 116

Monterey City CouncilJune 7, 2022

Monterey City Council
June 7, 2022