Agenda packet — Monterey City Council, June 21, 2022

Council
Agenda Report
№08/22
FROM: Clementine Bonner Klein, City Clerk
SUBJECT: 1
st Reading of an Omnibus Ordinance to Make Clerical/Technical Updates to the City Code (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 omnibus ordinance to make clerical/technical changes to the City Code for accuracy.

VALUE DRIVERS:

In collaboration with our community partners, work to improve the quality of life of all of our community members.

POLICY IMPLICATIONS:

Adoption is consistent with City policy to maintain an up-to-date, legally compliant, and accurate City Code.

FISCAL IMPLICATIONS:

There are no fiscal implications with adopting the proposed code revisions.

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 adopt some or none of the suggested City Code revisions. Staff does not recommend either of those actions.

Date: 6/21/2022
Item No.: 1.

Council Regular Meeting, 6/21/2022, Item No. 1., Item Page 1, Packet Page 1 DISCUSSION:

There have been departmental reorganizations over the last several years with changes to job titles and responsibilities, for example, the Plans and Public Works Director currently referenced in the code is now either the Public Works Director or the Community Development Director.

The amendments update these job titles.

On April 28, 2022, the Board of Library Trustees reviewed and recommended the code edits described below that are applicable to Library employees.

A brief description of the recommended changes to the City Code as shown in the attached omnibus ordinance is as follows:

Section 3. (Chapter 1, General Provisions)
 This amendment updates the definition of “Enforcement Officer” to reflect the positions that are authorized to issue administrative citations.

Section 4. (Chapter 9, Building Regulations)
 Updates job titles.

Section 5. (Chapter 9, Digging and Excavation on the Former Fort Ord)  Updates job titles.

Section 6. (Amendments to Chapter 25, Duties and Authority)  Specifies that the Library Director is responsible, like the City Manager and the City Attorney, for administering personnel rules in their department. Also, that in addition to the Board of Trustees, the Library Director has the authority to appoint and remove employees in the Library.

Section 7. (Amendments to Chapter 25, Classified Service)  This amendment reflects that Library personnel are not exempt from the classified service.

Section 8. (Amendments to Chapter 25, Department Heads)  The amendment corrects the titles of department heads and the positions that are considered department heads.

Section 9. (Amendments to Chapter 25, Complaint Reporting)  Specifies that complaints against the Library Director are made to the Human Resources Director for investigation for consideration and disposition by the Board of Library Trustees.

Section 10. (Amendments to Chapter 25, Harassment/Discrimination)  This amendment makes clear that the
Harassment/Discrimination/Retaliation/Abusive Conduct/Bullying Policy is applicable to City board, commission, and committee members.

Section 11. (Amendments to Chapter 25, Employment of Relatives)  This amendment provides that immediate family members of the Board of Council Regular Meeting, 6/21/2022, Item No. 1., Item Page 2, Packet Page 2 Library Trustees may not hold the position of Library Director.

Section 12. (Amendments to Chapter 25, Open or Promotional Examinations)  Deletes the provision limiting the ability of Library employees to apply for promotional exams for classifications in other City departments.

Section 13. (Amendments to Chapter 25, Appeal to the City Council)  The amendment provides that any disciplinary action imposed by the Library Director on a Library employee, except oral and written reprimands, could be appealed to the City Manager as a 1st appeal step. It also adds a provision that any decision by the Library Director to terminate a Library employee, if affirmed by the City Manager in the 1st appeal step, could be appealed to the Board of Library Trustees.

Section 14. (Amendments to Chapter 22, Massage Therapists and Establishments)  Eliminates that requirement that a massage therapist “display on his or her person” their state massage therapy license and instead authorizes the license to be in their possession.

Sections 15, 16, and 17. (Amendments to Chapter 32, Street Excavation)  Corrects department names and other job title corrections.

Sections 18 and 19. (Amendments to Chapter 32, Filing of Preliminary Map)  Corrects job titles.

Staff recommends that the omnibus ordinance be passed to print.

Attachments: 1. Draft Ordinance
e:

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19

AN OMNIBUS ORDINANCE TO MAKE CLERICAL/TECHNICAL UPDATES TO THE

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

SECTION 1:

WHEREAS, several departments in the City have been reorganized and job titles have changed, requiring clerical updates to the City Code for accuracy; WHEREAS, on April 28, 2022, the Board of Library Trustees considered and recommended edits to the code that are set forth below that pertain to Library employees and the Library Director;
WHEREAS, it is the policy of the City to maintain an up-to-date, legally compliant, and accurate City Code;
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.

SECTION 3: Monterey City Code, Chapter 1, Section 1-9.1(B) is hereby amended to read as follows:
““Enforcement Officer” shall mean the City Attorney, Code Compliance Coordinator, any Police Officer, and any City employee or agent of the City delegated authority by the City Manager to enforce any provision of this Code.”
SECTION 4: Monterey City Code, Chapter 9, is hereby amended as follows:

1. The term “Building Inspector” is replaced with “Chief of Inspection Services/Building Council Regular Meeting, 6/21/2022, Item No. 1., Item Page 4, Packet Page 4 2 Official” in sections 9-22 and 9-70.2.

2. The term “Public Works Director” is replaced with “Chief of Inspection Services/Building Official” in sections 9-51, 9-77 and 9-81 through 9-83.

3. The term “Public Works Director” is replaced with Chief Building Official in section 9-

70.2. 4. The term “Department of Plans and Public Works” is replaced with “Building and Safety Division” in section 9-69.2.

SECTION 5: Monterey City Code, Chapter 9, section 9-78 is hereby amended to read as follows:
“Permit Procedure.

The Community Development Director shall review the permit application and shall approve the permit unless evidence is available which indicates that the proposed grading or excavation will create an undue risk to the health and safety of the public at large. Prior to acting on any such application, the Chief of Inspection Services/Building Official, in his/her sole discretion, may set and conduct a public hearing for the purpose of receiving comments on the proposed grading and excavation. Except as otherwise indicated in Section 9-80, any permit issued hereunder shall be subject to the following conditions:
(a) All excavation and grading shall be performed solely in accordance with the permit approved by the City and in accordance with the permit as issued by the City. (b) Prior to movement of any soil on any property located within a district, the permittee or designee shall personally deliver to each person who intends to work on the property described in the permit the notice and safety plan, which is attached as an exhibit to the permit, and explain to each such person the information set forth in that notice. (c) The permittee may not move or disturb soil in a manner inconsistent with restrictions placed on the property by the Army and as noted on the grading district map unless there is a Department of Defense certified, or equivalent, explosive ordnance disposal technician acceptable to the Chief of Inspection Services/Building Official who is on site and visually supervises any such activity. Any excavation or soil disturbance inconsistent with restrictions placed on the property by the Army may be accomplished only after investigation using sweep lanes no wider than five feet throughout the excavation area and after using detection devices and visual identification to locate, identify and remove any unexploded ordnance discovered during such excavation activity.
(d) The permittee shall cease soil disturbance activities and shall notify the Army and DTSC of any suspected unexploded ordnance discovered during any excavation or soil removal immediately upon discovery. The permittee shall coordinate appropriate response actions with the Army and DTSC.
(e) No later than thirty days following the completion of the permitted soil disturbance activity, the permittee shall prepare and file with the Chief of Inspection Services/Building Official, the Army and DTSC an after action report that shall state whether and where UXO was detected and the extent and depth of UXO response actions undertaken and completed on the property that is the subject of the permit. The after action report shall include site maps to illustrate the information contained in the report. All after action reports prepared and filed in accordance with this chapter shall be deemed public records. (f) The permittee agrees as a condition of issuance of a permit to defend at its sole expense, indemnify and hold harmless from any liability the City, and reimburse the City for any expenses incurred resulting from or in connection with the approval of the project including any claim, suit or legal proceeding. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve the permittee of its obligations under this subsection.”
Council Regular Meeting, 6/21/2022, Item No. 1., Item Page 5, Packet Page 5 SECTION 6: Monterey City Code, Chapter 25, Section 25-1.06 is hereby amended to read as follows:
“The City Manager, City Attorney, and Library Director (notwithstanding the Board of Library Trustee’s power to appoint and remove library personnel pursuant to Section

7.1(c) of the City Charter) have primary responsibility for appointment and removal of officers and employees within their respective departments as established in the City Charter. The City Manager, City Attorney, and Library Director shall each be responsible for administering these Rules and Regulations within their department and scope of authority, except as appropriately delegated to subordinate officers and employees. All duties and authority of the City Manager established in these Rules and Regulations shall apply equally to the City Attorney and Library Director in administering these Rules and Regulations to employees of their respective departments.” SECTION 7: Monterey City Code, Chapter 25, Section 25-2.10 is hereby amended to read as follows:
“The Classified Service shall consist of all employees who have been appointed to regular full-time or regular part-time positions except:
a. The City Manager.
b. The City Attorney.
c. The Library Director.
d. All other positions designated as Executive Management in the City’s annual salary schedule.
e. All elected officials and members of appointed boards, commissions and committees.
f. All temporary personnel whether employed directly by the City or retained under contract for services, except as provided in the contract for services. g. All volunteer personnel.”
SECTION 8: Monterey City Code, Chapter 25, Section 25-2.14 is hereby amended to read as follows:
“The following are, for purposes of definition, the department heads for the City of Monterey
a. City Manager.
b. Assistant City Manager.
c. City Attorney.
d. Finance Director.

Council Regular Meeting, 6/21/2022, Item No. 1., Item Page 6, Packet Page 6 4 e. Fire Chief.
f. Library Director.
g. Parks and Recreation Director.
h. Human Resources Director.
i. Police Chief.
j. Community Development Director.
k. Public Works Director.”
SECTION 9: Monterey City Code, Chapter 25, Section 25-3.03(d)(1) is hereby amended to read as follows:
“Complaint Regarding Department Head (Other than City Manager, City Attorney, or Human Resources Director). Any time a department head is the accused perpetrator of an incident of discrimination, harassment, abusive conduct/bullying, or retaliation under the definitions of this policy, the complaint shall be made to the Human Resources Director who shall investigate the complaint and make a recommendation for the disposition of the complaint to the City Manager, or to the Board of Library Trustees if the complaint concerns the Library Director.”
SECTION 10: Monterey City Code, Chapter 25, Section 25-3.03(d)(4) is hereby amended to read as follows:
“Complaint Regarding Member of Council, or Member of a Board, Committee or Commission. If a member of the City Council or a member of a City Board, Committee, or Commission is the accused perpetrator of an incident of discrimination, harassment, abusive conduct/bullying or retaliation under the definitions of this policy, the complaint shall be made to the City Attorney or Human Resources Director, who shall retain outside counsel to investigate the allegations and file a recommendation to the City Council for action on the complaint.

SECTION 11: Monterey City Code, Chapter 25, Section 25-3.08(d)(4) is hereby added to read as follows:
“Immediate family members of the members of the Board of Library Trustees may hold positions in the City except for the Library Director position.” SECTION 12: Monterey City Code, Chapter 25, Section 25-7.01(c) is hereby amended to read as follows:
“Promotional examinations shall be open only to qualified, regular City employees unless, at the discretion of the Human Resources Director, it is open to application by temporary/seasonal employees. Applications may be accepted from qualified employees on probation subject to the provisions of City Code section 25-10.06.” Council Regular Meeting, 6/21/2022, Item No. 1., Item Page 7, Packet Page 7 SECTION 13: Monterey City Code, Chapter 25, Section 25-14.10 is hereby amended to read as follows:
“Appeal to the City Council or Board of Library Trustees a. Definitions. Appeal Authority for Library personnel means the Board of Library Trustees. The Appeal Authority for other personnel is the City Council. For appeals involving Library personnel, the term “Clerk” in the below procedures denotes the Library personnel serving as the Clerk to the Board of Library Trustees. For appeals involving other personnel, the term “Clerk” as used in this section means the City Clerk. b. Decisions of the City Manager which result in termination may be appealed to the Appeal Authority. Disciplinary actions initiated by the City Manager, except oral and written reprimands and actions not involving loss of pay, may be appealed to the Appeal Authority. This appeal shall be in writing and filed with the Clerk within ten (10) City working days of receipt of the City Manager’s decision. The appeal shall be signed by the employee and shall set forth the reasons for the appeal. The Clerk shall provide written notice of the appeal to the Appeal Authority, the City Manager, the City Attorney, the employee’s department head, the Human Resources Director, and to any other appropriate parties. c. Upon the filing of an appeal, the Clerk shall notice a hearing of the appeal within fifteen (15) City working days, and the hearing shall be held not less than ten (10) City working days nor more than forty-five (45) City working days from the date of the Clerk’s notice. The Clerk’s notice shall include the date, time and place of the hearing. Once commenced, the hearing may be continued until it can be completed.
d. The Appeal Authority’s hearing shall be closed, unless requested to be open by the employee. Formal rules of evidence shall not apply. Principles of due process will be applied.

Provisions of the Ralph M. Brown Act, the City Charter, and the City Code shall apply to all such hearings.
e. The Appeal Authority shall render its decision in writing to the employee within ten (10) City working days after the conclusion of the hearing. Appropriate copies of the decision will be furnished to the City Manager, Human Resources Director, and department head of the employee. The decision will also be reported in open session of the Appeal Authority in accordance with the Ralph M. Brown Act and the City Code. f. In rendering its decision, the Appeal Authority may reaffirm the disciplinary action, reverse it, or modify it.”
SECTION 14: Monterey City Code, Chapter 22, Section 22-31.13, subsection (c)(2) is hereby amended to read as follows:
“Each person employed or retained by a massage establishment to perform massage in or on the premises or through an outcall massage service shall have in their possession the valid current photograph-bearing identification card issued to that employee by the CAMTC. A copy of each such identification card shall also:

A. Be kept in a specific location by management and accessible to any regulatory body performing an inspection; and
B. Be displayed in an open and conspicuous place visible from the main entry Council Regular Meeting, 6/21/2022, Item No. 1., Item Page 8, Packet Page 8 6 door and/or reception and waiting area of the massage establishment. The displayed copy need only include the first name and first letter of the last name. The home address of any employee need not be displayed.” SECTION 15: Monterey City Code, Chapter 32, section 32-55, is hereby amended as follows:
“It shall be unlawful for any person, firm, or corporation to make any excavation in or under the surface of any street, alley, sidewalk, public way, or public place in the City of Monterey without first obtaining a permit so to do from the City. City may at its discretion require a cash deposit upon issuance of such permit to defray the cost of restoring the surface of said street, alley, sidewalk, public way or public place, as the case may be, to its former condition.

SECTION 16: Monterey City Code, Chapter 32, sections 32-56; 32-57; and 32-60 are hereby amended by replacing the phrase “Department of Plans and Public Works” with “City.” SECTION 17: Monterey City Code, Chapter 33, is hereby amended to read as follows:

1. Section 33-8, subsection (b) is amended to read as follows: “The Public Works Director shall be responsible for analyzing the design and the Community Development Director is responsible for coordinating the processing of minor subdivision maps, preliminary maps, and tentative maps. The Public Works Director shall be responsible for coordinating and processing of final maps and parcel maps.” a. The phrase “Public Works Director” is replaced with “Community Development and Public Works Directors” in sections 33-5, 33-8(e), 33-28, 33-49, 33-52, and 33-82.

2. Section 33-7 is amended by replacing the phrase “Public Works Director” with “Community Development Director” in the definition of “Preliminary Map.”

3. Section 33-28 is amended by replacing the phrase “Public Works Director” with “City Forester.”

4. The phrase “Department of Plans and Public Works” is replaced with “Public Works Department” in the following sections:
a. 33-14.5;
b. 33-49;
c. 33-78; and
d. 33-81(a), and (e).

5. The phrase “Plans and Public Works Staff” is replaced with “Public Works Staff” in section 33-14.5.

6. The phrase “Public Works Director or the Planning Commission” is replaced with “Public Works Director, Community Development Director, or the Planning Commission” in section 33-18.

7. The phrase “Public Works Director” is replaced with “Public Works or Community Development Directors” in sections:
a. 33-44;
b. 33-45; and
c. 33-46(a)(1).

8. The phrase “Plans and Public Works Department” is replaced with “Public Works Department” in section 33-81(e).

SECTION 18: Monterey City Code, Chapter 33, Section 33-50 is hereby amended to Council Regular Meeting, 6/21/2022, Item No. 1., Item Page 9, Packet Page 9 read as follows:
“Filing of preliminary map.

Prior to submitting a tentative map of any proposed standard subdivision, the subdivider shall submit to the Community Development and Public Works Director three copies of a preliminary map for review, along with such additional materials, data, reports or the like as the Public Works or Community Development Directors may require.” SECTION 19: Monterey City Code, Chapter 38 is hereby amended as follows:

1. The phrase “Department of Plans and Public Works” is replaced with “Community Development Department” in the following sections:
a. 38-2.B;
b. 38-22.E;
c. 38-23.G;
d. 38-24.E;
e. 38-25.F;
f. 38-26.F;
g. 38-26.M.3.a;
h. 38-28.D;
i. 38-29.D;
j. 38-30.D;
k. 38-31.D;
l. 38-41.F;
m. 38-46;
n. 38-50;
o. 38-64;
p. 38-75 – subsections D.1, G.2.a.(1), and G.2.b.(2);
q. 38-76 – subsections G.2.a.(1) and G.2.b.(2);
r. 38-77.C.1;
s. 38-90;
t. 38-126 subsections D.6 and F;
u. 38-150;
v. 38-155;
w. 38-159.C.2;
x. 38-170.A;
y. 38-186.A;
z. 38-208;
aa. 38-210 subsections B and C;

2. The phrase “Public Works Director” is replaced with “Community Development Director” in sections:
a. 38-5.E;
b. 38-7.A;
c. 38-7.B.5;
d. 38-7.D; and
e. 38-7.E.
f. 38-11 (Lot, Corner);
g. 38-12;
h. 38-16.D;
i. 38-22.B ‘R-E District Land Use Regulations’;
j. 38-23.B ‘R-1 District Land Use Regulations’;
Council Regular Meeting, 6/21/2022, Item No. 1., Item Page 10, Packet Page 10 8 k. 38-26.M.3.a;
l. 38-26.K.3.a;
m. 38-28.B.3 ‘C-1 Neighborhood Commercial District Land Use Regulations,’ ‘Temporary Uses’;
n. 38-29.B.3 ‘C-2 Community Commercial District Land Use Regulations’; o. 38-30.B.3 ‘C-3 General Commercial District Land Use Regulations,’ ‘Temporary Uses’;
p. 38-31.B.3 ‘CO Office and Professional District Land Use Regulations,’ ‘Temporary Uses’;
q. 38-32.B.1 ‘CR Cannery Row District Land Use Regulations,’ ‘Temporary Uses’;
r. 38-33.C.3.c;
s. 38-33.D – subsections 2 and 5;
t. 38-33.E.2 – subsections (c) and (e);
u. 38-40.B ‘I-R District Land Use Regulations,’ ‘Temporary Uses’; v. 38-41.B – subsections 1, 2, and 4;
w. 38-44 ‘O Districts Land Use Regulations,’ ‘Temporary Uses’; x. 38-57;
y. 38-73.M;
z. 38-73.Q;
aa. 38-74b – subsections A, B.2, and D.1;
bb. 38-75 – subsections D.1, G.2.a.(2), and G.2.d;
cc. 38-76 – subsections G.2.a.(2) and G.2.d;
dd. 38-85;
ee. 38-109.A;
ff. 38-111 – subsections A.2, 4, and 5; D.1, and J;
gg. 38-115 (introductory paragraph) and ‘Horticulture, Limited’; hh. 38-116.B and D;
ii. 38-119.A;
jj. 38-120.C;
kk. 38-125;
ll. 38-130;
mm. 38-131.B;
nn. 38-133;
oo. 38-136.B;
pp. 38-137;
qq. 38-151;
rr. 38-153, title, and subsections A, B, C.1, C.15, and C.17; ss. 38-157;
tt. 38-159.A, B, and E;
uu. 38-160;
vv. 38-162;
ww. 38-162.D;
xx. 38-165.A and B.4;
yy. 38-166.B;
zz. 38-170, subsections A.1, A.2, and B;
aaa. 38-171.B;
bbb. 38-172.A;
ccc. 38-174.B;
ddd. 38-180.B;
eee. 38-182.A.1;
Council Regular Meeting, 6/21/2022, Item No. 1., Item Page 11, Packet Page 11 fff. 38-185;
ggg. 38-186.B;
hhh. 38-195;
iii. 38-197.A and C.3;
jjj. 38-198.A;
kkk. 38-208;
lll. 38-210.B;
mmm. 38-214.D;
nnn. 38-216.A;
ooo. 38-217;
ppp. 38-219; and
qqq. 38-221.A.

3. The phrase “Director of Plans and Public Works” is replaced with “Community Development Director” in the definition of Floor Area Ratio in section 38-11.

4. The phrase “Public Works Director” is replaced with “Community Development Director” in the definition of Public Works Director in section 38-11 and the resulting new definition of Community Development Director is sorted in alphabetical order.

5. The phrase “Community Development Department” is replaced with “Public Works Department” in section 38-26.M.3.a
SECTION 20: All ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 21: This ordinance shall be in full force and effect thirty (30) days from and after its final passage and adoption.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 6/21/2022, Item No. 1., Item Page 12, Packet Page 12 ORDINANCE NO. ____ C.S.

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.

Date: 6/21/2022
Item No.: 2.

Council Regular Meeting, 6/21/2022, Item No. 2., Item Page 1, Packet Page 13 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, 6/21/2022, Item No. 2., Item Page 2, Packet Page 14 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 July 9, 2022 through July 21, 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 July 9, 2022 through July 21, 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 the ZoomGov webinar accounts and toll-free phone access used for public meetings. Live Date: 6/21/2022
Item No.: 3.

Council Regular Meeting, 6/21/2022, Item No. 3., Item Page 1, Packet Page 15 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 July 8, 2022 (the expiration date of Resolution No. 22-063 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 June 7, 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 July 8, 2022. Findings regarding the COVID19 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 the Council Council Regular Meeting, 6/21/2022, Item No. 3., Item Page 2, Packet Page 16 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 six lineages of the Omicron variant constituted 99.9% of COVID-19 cases in the United States as of May 28, 2022, as reported by the CDC on June 14, 2022.
 According to Monterey County’s COVID-19 Biweekly Update updated on June 16, 2022, the COVID-19 case rate in Monterey County is 26.7 cases per 100,000 people with a test positivity rate of 9.4% (7-day average for both statistics), with 26 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 21, 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, 6/21/2022, Item No. 3., Item Page 3, Packet Page 17 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 JULY 9 THROUGH JULY 21, 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, May 17, 2022, and June 7, the City Council adopted resolutions authorizing teleconference attendance of public meetings for the City Council and Boards, Commissions and Committees due to the imminent risk to the health and safety of attendees relating to in-person meeting attendance;
WHEREAS, the City Council has reconsidered the circumstances of the state of the COVID-19 emergency;
WHEREAS, the Omicron variant of the virus was classified by the World Health Organization (“WHO”) as a Variant of Concern on November 26, 2021, was identified in the United States as reported by the CDC on December 1, 2021, and six lineages of the Omicron variant constituted 99.9% of COVID-19 cases in the United States as of May 28, 2022, as reported by the CDC on June 14, 2022;
WHEREAS, according to Monterey County’s COVID-19 Biweekly Update updated on June 16, 2022, the COVID-19 case rate in Monterey County is 26.7cases per 100,000 people with a test positivity rate of 9.4% (7-day average for both statistics), with 26 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, 6/21/2022, Item No. 3., Item Page 4, Packet Page 18 2 change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

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

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

3. The City Council authorizes remote teleconferencing public meetings of the City Council and city boards, commissions, and committees pursuant to Government Code section 59453(e)(1). This Resolution expires on July 21, 2022.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 6/21/2022, Item No. 3., Item Page 5, Packet Page 19 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Christy Sabdo, AICP, Associate Planner
SUBJECT: Authorize Professional Services Agreements with Michael Baker International Inc. for a Not to Exceed Amount of $200,000, To Provide On-Call Housing Program Consultant Services (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 authorizing a professional services agreement with Michael Baker International Inc. for a not-to-exceed amount of $200,000, to provide on-call housing program consultant services for the City’s Community Development Department.

VALUE DRIVERS:

Support efforts and policies that provide equitable access to affordable housing in Monterey and the region.

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

POLICY IMPLICATIONS:

Awarding professional services agreements is consistent with past Council policy and is used for other types of professional services for projects throughout the City. These services will augment the City’s capacity for project delivery, consistent with the City Council’s vision and strategic initiative of “Working to improve the quality of life of our residents.” FISCAL IMPLICATIONS:

The City's Housing Office receives Community Development Block Grant monies from the federal government and return on previous investments. For example, as a low-income unit is sold, the City will receive its original investment returned and then the unit is offered for sale again to a low-income household. The City periodically needs technical assistance in these areas with reporting and the Council approves the annual housing budget to cover these services. No additional budget allocation is needed to cover the required services.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 6/21/2022, Item No. 4., Item Page 1, Packet Page 20 CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

Council could decide that professional services for on-call housing program consultant services are not required at this time.

DISCUSSION:

On January 31, 2022, staff circulated the RFP for On-Call Planning, Economic, Housing, and Environmental Services. Firms that provide the desired services were specifically contacted.

The RFP was posted through the City’s new e-Procurement Portal, OpenGov Procurement and on the City’s website. By the March 2, 2022 deadline, responses were received from twelve firms. Of the twelve firms, not all of the proposals included housing services, and of those firms that did include a proposal to provide housing services, the proposals didn’t specifically address the City’s needs for on-call housing services. The City re-issued an RFP on April 26, 2022 for housing program consultant services that included a more detailed scope of work explaining the City’s needs. By the May 23, 2022 deadline, responses were received from one firm.

Michael Baker International Inc. has been selected to provide the full range of housing program consulting services as requested in the City’s proposal. This firm has been providing on-call housing program consulting services on an as-needed basis for the past 10 years, more recently to assist the City with the administration of the City’s annual CDBG grant received from the U.S. Department of Housing and Urban Development (HUD), and the CARES Act funding the City received due to the COVID-19 pandemic.

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

KC/SAB
Attachments: 1. Draft Resolution
e: William Hoose, AICP, Office Executive, Associate Vice President, Michael Baker International Inc.

Damien Delany, Housing Department Manager, Michael Baker International Inc.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
1 AUTHORIZING PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. FOR A NOT TO EXCEED AMOUNT OF $200,000, TO PROVIDE ONCALL HOUSING PROGRAM CONSULTANT SERVICES WHEREAS, the Planning Office needs to augment its planning staff to provide housing program consultant services;
WHEREAS, on January 31, 2022, the City released a Request for Proposals (RFP) to firms that provide the desired services and also posted the RFP on the City’s new eProcurement Portal, OpenGov Procurement, and the City’s website. By the March 2, 2022 deadline, responses were received from twelve firms. Of the twelve firms, not all of the proposals included housing services, and of those firms that did include a proposal to provide housing services, the proposals didn’t specifically address the City’s needs for on-call housing services;
WHEREAS, on April 26, 2022, the City re-issued an RFP for housing program consultant services that included a more detailed scope of work explaining the City’s needs; WHEREAS, on May 23, 2022, responses were received from one firm; a selection committee consisting of planning staff reviewed and scored the responses; the selection committee held deliberations; and, Michael Baker International Inc. was found to be qualified; WHEREAS, Michael Baker International Inc. has experience providing a full range of housing consultant services in California and are familiar with Monterey. This firm has been providing on-call housing program consulting services on an as-needed basis for the past 10 years, more recently to assist the City with the administration of the City’s annual CDBG grant received from the U.S. Department of Housing and Urban Development (HUD), and the CARES Act funding the City received due to the COVID-19 pandemic; WHEREAS, the agreement will have an initial one-year term and a $200,000 aggregate not-to-exceed fee for all tasks provided. The agreement will include an option for two additional one (1) year extensions also with an annual not-to-exceed funding limit of $200,000; WHEREAS, the 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 Council Regular Meeting, 6/21/2022, Item No. 4., Item Page 3, Packet Page 22 projects resulting from this action will be assessed for CEQA applicability;

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTEREY that is hereby authorizes the City Manager, or designee, to execute a Professional Services Agreement with Michael Baker International Inc. to provide professional services to provide on-call housing program consultant services, for one year with two one-year extensions, for a not to exceed amount of $200,000 each year.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this 21st 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, 6/21/2022, Item No. 4., Item Page 4, Packet Page 23 Council
Agenda Report
№08/22
FROM: Steve Wittry, PE, Public Works Director
Prepared By: Sara South, Engineering Programs Analyst
SUBJECT: Ratify Payment to Precision Grade, Inc. for the David/Spencer Curb Extensions Project, NIP2013 (Exempt from CEQA Article 19, Section 15301, Class 1) ***NCIP***
RECOMMENDATION:

That the City Council adopt a resolution ratifying payment to Precision Grade, Inc. for the David/Spencer Curb Extensions Project (NIP2013), in the amount of $107,384, which exceeds the contract value authorized in Resolution 22-020.

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.

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:

All work performed under this contract is fully funded by Measure P/S and the Neighborhood and Community Improvement Program (NCIP) project. No additional appropriations are required.

ENVIRONMENTAL DETERMINATION:

Categorical Exemption:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project proposes the improvement of existing curbs at the intersection of David Avenue and Spencer Street, specifically the removal of the existing curbs and gutters, and asphalt concrete pavement and base; and the construction of new ADA curb ramps and bulb outs to improve street alignment and shorten pedestrian crossing distance. The project includes traffic paint to mark pedestrian crossings, and stormwater infrastructure improvements. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Date: 6/21/2022
Item No.: 5.

Council Regular Meeting, 6/21/2022, Item No. 5., Item Page 1, Packet Page 24 Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located - a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Exception a – Location – does not apply to projects which are exempt under Class 1.

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. There would be no cumulative impact because the project involves the removal and replacement of curb ramps to improve ADA accessibility; therefore, no new expansion will take place.

Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. No unusual circumstances are anticipated due to the improvements’ limited scope and distinct locations.

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 proposed improvements are at grade and would replace pavement in-kind; therefore, no impacts to scenic highways will occur.

Exception e - Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. No impacts to sites included on any list compiled pursuant to Section 65962.5 of the Government Code would occur.

The improvements would occur in the public right-of-way; there would be no impacts to any historic structures. The work would require digging for a new manhole and connections to existing stormwater infrastructure in the public right-of-way; however, the project will include archeological monitoring during any digging. Therefore, impacts to archaeological resources would not occur.

ALTERNATIVES CONSIDERED:

There are no alternatives to consider.

DISCUSSION:

Council Regular Meeting, 6/21/2022, Item No. 5., Item Page 2, Packet Page 25 On January 18, 2022, Council adopted Resolution 22-020, awarding a construction contract to Precision Grade, Inc. for the base bid only for the Citywide Curb Ramp Project, Phase 5 in the amount of $385,200, and authorized staff to expend an additional 15% for unforeseen construction contingencies.

The Citywide Curb Ramp Project, Phase 5 is a project similar in scope and in close proximity to the project area for the David/Spencer Curb Extensions Project. Therefore, during the course of construction, staff instructed Precision Grade, Inc. to complete the additional work at the intersection of David and Spencer, for an additional cost of $107,384. This additional cost exceeds the contract amount previously authorized in Resolution 22-020. The requested authorization is fully funded through the NCIP Project account. Measures have been put in place to eliminate this kind of oversight in the future.

Therefore, staff recommends that the City Council adopt the attached resolution ratifying payment to Precision Grade, Inc. for the David/Spencer Curb Extensions Project (NIP2013), in the amount of $107,384, which exceeds the contract value authorized in Resolution 22-020.

SW/SS/mb
Attachments: 1. Resolution
e: Precision Grade, Inc.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22
RATIFY PAYMENT TO PRECISION GRADE, INC. FOR THE DAVID/SPENCER

CURB EXTENSIONS PROJECT
WHEREAS, on January 18, 2022, Council adopted Resolution 22-020, awarding a construction contract to Precision Grade, Inc. for the base bid only for the Citywide Curb Ramp Project, Phase 5 in the amount of $385,200, and authorized staff to expend an additional 15% for unforeseen construction contingencies;
WHEREAS, the Citywide Curb Ramp Project, Phase 5 is similar in scope and in close proximity to the project area for the David/Spencer Curb Extensions Project; WHEREAS, during the course of construction, staff instructed Precision Grade, Inc. to complete the additional work at the intersection of David and Spencer, for an additional cost of $107,384;
WHEREAS, the additional cost exceeds the contract amount previously authorized in Resolution 22-020;
WHEREAS, in the future, staff will adhere to proper processes and contracts; WHEREAS, the requested authorization is fully funded through the NCIP Project account (NIP2013); and,
WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project proposes the improvement of existing curbs at the intersection of David Avenue and Spencer Street, specifically the removal of the existing curbs and gutters, and asphalt concrete pavement and base; and the construction of new ADA curb ramps and bulb outs to improve street alignment and shorten pedestrian crossing distance. The project includes traffic paint to mark pedestrian crossings, and stormwater infrastructure improvements.

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, 6/21/2022, Item No. 5., Item Page 4, Packet Page 27 2 Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located - a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Exception a – Location – does not apply to projects which are exempt under Class 1.

Council Regular Meeting, 6/21/2022, Item No. 5., Item Page 5, Packet Page 28 3 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby ratifies payment to Precision Grade, Inc. for the David/Spencer Curb Extensions Project (NIP2013), in the amount of $107,384, which exceeds the contract value authorized in Resolution 22-020.

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, 6/21/2022, Item No. 5., Item Page 6, Packet Page 29 Council
Agenda Report
№08/22
FROM: Rafaela T. King, Finance Director
Prepared By: Carol Hewitt, Finance Analyst
Clementine Bonner Klein, City Clerk
Brian Nelson, Acting Harbormaster
Inga Waite, Library & Museums Director
Cristie Steffy, Parking Superintendent
Karen Larson, Parks and Recreation Director
SUBJECT: Amend and Restate Resolution 22-024, the Master Fee Schedule, to Amend the City Clerk, Harbor, Library/Museums, Parking, and Cemetery Division Fee Schedules (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 amend the specified City Clerk, Harbor, Library & Museum, Parking, and Cemetery division fees, effective July 1, 2022, and the CPI amendments shall be automatically applied annually effective July 1, 2023.

The attached Resolution amends only the City Clerk, Harbor, Library & Museums, Parking, and Cemetery division Fee Schedules; it does not alter any other fees previously adopted by the City Council.

VALUE DRIVERS:

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

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.

Aligning the City's fee structure with Elections Code provisions helps to ensure transparent elections processes in line with the City's Value Driver to "foster a local government that is transparent and collaborative; and solicits, welcomes and appreciates input from all." POLICY IMPLICATIONS:

This action is consistent with the City policy and practice to recover costs reasonably borne to provide regulations, products, or services as set forth in 19-102. “Costs reasonably borne” include direct and indirect costs, including but not limited to maintenance, contracted services, salaries and supplies.

Date: 6/21/2022
Item No.: 6.

Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 1, Packet Page 30 This recommendation is consistent with the following Elections Code provision for filing an initiative petition Notice of Intent: "the filer of such Notice of Intent shall pay a fee to be established by the legislative body not to exceed two hundred dollars ($200) to be refunded to the filer if, within one year of the date of filing the notice of intent, the elections official certifies the sufficiency of the petition." (Elections Code section 9202(b)) The proposed changes to the Public Works Harbor fee schedule are consistent with Monterey City Code section 17, Harbor and Marina, which instructs that the associated fees be set by resolution, and Section 19-103 (IV) (2,3) instruct that the percentage of cost reasonably borne for Outer Harbor Mooring and the Marina be set by resolution.

The proposed change to the public use fee for the Pacific Biological Laboratories is consistent City Council Resolution 00-159 which “authorizes and directs the collection of fees for the public use of the building and site at 800 Cannery Row to cover the cost of staff time in opening, monitoring and closing the lab when used by Non-City organizations.” The proposed adjustments to fees listed in library policies as recommended to City Council by the Board of Library Trustees is consistent with City Charter section 7.1, which grants the Board authority to “make and enforce such bylaws, rules and regulations as it may deem necessary for the administration of the Monterey Public Library program, and Board of Library Trustees Policy 603: Review, Formulation, and Adoption of Policies, which directs the Board to review and revise policies as necessary.

In the Parking Division, staff is recommending the addition of modest fees for electric vehicle charging to cover costs reasonably borne.

In the Cemetery Division, staff is recommending the addition of modest fees for new services to cover the costs reasonably borne as well as the removal of fees for services that are obsolete.

FISCAL IMPLICATIONS:

City Clerk Office - Establishing a deposit for filing a notice of intent to circulate initiative.

The modest deposit fee of $200, pursuant to Elections Code section 9202(b), will contribute toward costs associated with the staff time involved in administering an initiative petition that is not certified sufficient within one year. In the instance that an initiative petition process is completed and certified sufficient within one year, the deposit fee will be refunded to the filer.

Public Works Harbor - Fee Amendments
Based on an average of these sporadically used as-needed fees, the proposed increase in these rates could generate an additional estimated $18,500 annually to support cost recovery in performing these services. Ten of these fees, which have remained fixed for several years, would increase by the CPI in subsequent years.

No fiscal impact anticipated for removing “Marina Gate Key/Hoist Key” as the Harbor only has one type of key and will be combined with the “Marina Shower Key” categorization. No fiscal impact is anticipated for removing city mooring quarterly/yearly rates and crane fees since these rates are not used. No fiscal impact is anticipated for removing the East Mooring Rate for 55’ and larger vessels as most of the vessels participating in this program have been below 50’ and will be less than 45’ this year and in following years.

Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 2, Packet Page 31 Library & Museums – Fee Amendments
Based on an average of the four fiscal years before the pandemic (FY16 through FY19), the proposed increase in public use fees for the Pacific Biological Laboratories would generate approximately $1,400 annually to support the Museums & Cultural Arts Division’s staffing expenses.

No fiscal impact is anticipated from the proposed corrections to fees listed in Board of Trustees Policies 125: Replacement of Lost or Damaged Library Materials and 175: Loan of Laptops, Telescopes and Other Devices. Based on an average of the four fiscal years before the pandemic (FY16 through FY19), the proposed increase in library card fees to non-California residents would generate approximately $280 annually.

Parking Division – Electric Vehicle Charging Fees
The City is currently providing the public with free access to four complimentary Electric Vehicle (EV) charging stations, which is no longer fiscally sustainable. The City may be losing more than $100,000 per year by providing free electricity to EV users. Therefore, staff recommends an EV charging rate of $0.36 per kWh and a $0.50 per minute fee for idling beyond a grace period. This could generate up to $30,000 in cost recovery per charging station ($120,000 per year for the four existing stations) and potentially more when additional charging stations are installed.

Cemetery Division – Based on estimated demand for the new Cemetery services, the proposed fees could generate an estimated $25,000 annually to support cost recovery in performing these services.

ENVIRONMENTAL DETERMINATION:
[CEQA determination paragraph approved by Planning Division] 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 not to establish the deposit fee, however, this is not recommended as the Elections Code provides that the filer "shall" pay a fee.

Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 3, Packet Page 32 The Council could choose not to approve the Harbor rate increases, however this is not recommended as these rates have not been updated for several years and these increases will allow for cost recovery. Another option is Council could recommend different fees for the Harbor.

The Council could choose not to approve the proposed increase to public use fees for the Pacific Biological Laboratories, however staff does not recommend that option as the current fee has not kept pace with the cost to cover staff time.

The Council could choose not to approve the minor fee revisions proposed by the Board of Library Trustees, however this is not recommended as the fee changes in Policies 125 and 175 are corrections while the library card fee charged to non-California residents (Policy 120) has not been updated for 20 years.

For electric vehicle charging rates, Council could choose not to approve fees or set alternative rates. Higher rates above the $0.36 per kWh recommendation may discourage users from charging their vehicles in the lot, thereby reducing revenue and efforts to encourage electric vehicle use. Lower rates below $0.36 per kWh may result in the City not recovering the cost of electricity and charging station operations. Continuing to provide free electric vehicle charging to residents is not recommended, since it is no longer fiscally sustainable.

The Council could choose not to implement fees for new services such as the ossuary (scattering garden), however, this is not recommended since demand and space for full burials may diminish, while services for the ossuary or other inurnments will continue to generate much needed revenue to offset the cost of offering cemetery services to the public.

DISCUSSION:

The proposed fee amendments from the four divisions are presented in Attachment 2. The Master Fee Schedule, with the proposed fee amendments incorporated, is presented in Attachment 3. The approved amendments would be effective July 1, 2022, and the CPI amendments would be applied the following fiscal year, effective July 1, 2023. A discussion of each division’s proposals follows.

City Clerk Office - Establishing a deposit for filing a notice of intent to circulate initiative The initiative petition process outlined in the California Elections Code, which if successful results in a measure being placed onto the City ballot, includes a requirement to file a Notice of Intent with the elections official prior to circulation of the petition. Pursuant to Elections Code section 9202(b), the filer of such Notice of Intent "shall pay a fee to be established by the legislative body not to exceed two hundred dollars ($200) to be refunded to the filer if, within one year of the date of filing the notice of intent, the elections official certifies the sufficiency of the petition." The $200 deposit fee should be added to the Administrative Services section of the City's Master Fee Schedule so that it may be paid by the filer in accordance with the payment requirement in the Elections Code.

Harbor - Fee Amendments
The proposed amendments to Harbor fees reflect removal of some categories that are no longer valid, updated cost recovery, revised fee time periods, and the addition of an annual CPI adjustment for specific fees. The City of Monterey no longer rents Outer Harbor Moorings in Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 4, Packet Page 33 excess of 6 months; staff proposes removing the quarterly and annual fees. The Crane fee is no longer needed because the Carry Deck Portable crane was removed from service in 2016 and the asset was sold by the City of Monterey. Since the Marina key services require the same amount of time to register, program, and test, staff recommends combining them into one fee.

East Mooring vessel fee amendments reflect the vessel length limited to up to 45’.

The proposed side-tie transient rates have been updated for cost recovery and removed monthly rates because monthly service is no longer available. The following fees have been updated to include annual CPI adjustments starting July 1, 2023 and for cost recovery including staff time, fuel, equipment, and vessel costs where applicable for: Disabled Vessel Towing; Mooring Inspections and Repairs; Water Removal and the Public Hoist. Mooring customers are responsible for their mooring inspections per City Code section 17-39 (d). Licensees may choose to hire independent inspectors unless they fail to submit mandated inspection report by due date, at which time the City provides inspection services at the established rate.

Library and Museum & Cultural Arts – Fee Amendments
In June 2000 the City council unanimously adopted Resolution 00- 159 authorizing fees for public use of Pacific Biological Laboratories (PBL) or Doc’s Lab. The City allows periodic use of the building and site by non-profit groups, tour groups, and schools under staff supervision. The Resolution directs staff to collect fees to cover the cost of staff time spent opening, monitoring, and closing the facility when used by non-City organizations. The fees were set at “$18 per hour per staff person during regular working hours (8:00 to 5:00 Monday to Friday) and $25 per hour per staff person at other times, including travel time, set-up time, and close-up time. The fees have not been updated since the resolution was adopted. Staff proposes increasing the rate to $35 per hour per staff person from 8:00 to 5:00 Monday through Friday and $60 per hour per staff person at other times to more accurately reflect the current cost of City staff time. It is anticipated that the increase will not discourage groups from visiting the lab, and will more accurately reflect staff costs.

Library Board policies are reviewed and revised as needed in accordance with Board Policy 603: Review, Formulation, and Adoption of Policies. In October 2021 Board Chair Thomson appointed an ad hoc Policy Review Committee to review Board policies, identify those that needed updating, and work with staff to propose revisions. In the course of updating policies, Trustees recommend three minor changes to Library fees listed in the Master Fee Schedule:
- Remove “Youth paperbacks” from the list of material types since the library no longer has a “Youth Paperback” collection (Policy 125: Replacement of Lost or Damaged Library Materials)
- Set a maximum late fine for laptops ($50) in order to be consistent with other maximum fines charged (Policy 175: Loan of Laptops, Telescopes and Other Devices) - Increase the library card fee for individuals residing outside the State of California, from a rate of $5.00 to a rate of $10.00 per month.

Parking – Electric Vehicle Charging Rates
For many years, the City has provided complimentary EV charging to the public at the Calle Principal Garage and the Downtown West Garage. These were installed to incentivize the use of electric vehicles during a time when EVs were less common. However, providing free EV charging to the public is no longer a standard practice as EVs are now commonplace. In fact, Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 5, Packet Page 34 the City is providing as much as $100,000 per year in free electricity to EV drivers and receiving no cost recovery.

It is not fiscally viable for the City to continue subsidizing the cost of EV charging to the public, particularly when many EVs are luxury vehicles that low-to-moderate income earners cannot afford. The City does not provide free fuel to drivers of gas-powered vehicles and should not continue to provide free electricity to drivers of electric vehicles. Based on the cost of electricity, maintenance and operation of EV charging stations, and comparable charging stations on the Monterey Peninsula, staff recommends an EV charging rate of $0.36 per kWh and a $0.50 per minute fee for idling beyond a grace period. The charging rate is comparable to nearby charging stations in Monterey, Pacific Grove, Carmel, and Sand City. The $0.50 per minute fee for idling beyond a grace period ensures that EV users leave the EV charging stall soon after their vehicle has completed charging so that other EV drivers can charge their vehicle.

Cemetery – Fee Amendments
The proposed amendments to Cemetery fees reflect the addition of new services as well as the removal of some categories that are not viable. For example, it is no longer industry standard for monument companies to offer memorial markers that are 12X36X3 inches. Also, the City is not currently equipped to install markers of this size. Additionally, the current fee for ground burials for urns is too high. The price is more expensive than the cost of opening a fully casketed lot using a tractor, dump truck, and labor involved for a casket. Staff recommends the fee be reduced to reflect the services rendered appropriate for an urn.

The ossuary pricing was developed by researching local companies that perform scattering remains at sea. The City fees for ossuary services will generally entail $300 for remains placement, endowment care of $75, and an administrative fee of $30 to ensure records are input into the automated system, etc. Ossuary services offer a more affordable, much-needed burial option for the public that memorializes the location of a loved one.

Conclusion of Staff Recommendations:

Staff recommends the City Council approve revisions to the City Clerk’s Office, Harbor, Library and Museums, and Parking division Fee Schedules to be effective on July 1, 2022, and the CPI amendments shall be automatically applied annually effective July 1, 2023.

RTK/ch/cbk/bn/iw/nr/cs
Attachments: 1. Draft Resolution

2. Proposed Fee Table
e: Clementine Bonner Klein, City Clerk
Brian Nelson, Acting Harbor Master
Inga Waite, Library Director
Cristie Steffy, Parking Superintendent
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, 6/21/2022, Item No. 6., Item Page 6, Packet Page 35 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
AMEND AND RESTATE RESOLUTION 22-024, THE MASTER FEE SCHEDULE,

TO AMEND THE CITY CLERK, HARBOR, LIBRARY/MUSEUM, PARKING, AND CEMETERY DIVISION FEE SCHEDULES (NOT A PROJECT UNDER CEQA ARTICLE 20, SECTION 15378 AND UNDER GENERAL RULE ARTICLE 5, SECTION 15061)
WHEREAS, the City Council adopted Resolution 14-132 to establish a Master Fee Schedule;
WHEREAS, on November 17, 2015, the City Council adopted Resolution 15-215, which amended and restated Resolution 14-132;
WHEREAS, on December 7, 2021, the City Council adopted Resolution 21-127, which amended and restated Resolution 15-215;
WHEREAS, on March 15, 2022, the City Council adopted Resolution 22-024, which amended and restated Resolution 21-127;
WHEREAS, the City Code calls for a full analysis of costs reasonably borne not less than every five years. Staff conduct cost of services studies to review and calculate the City’s expenditures linked to a particular activity in order to determine the fee amount and cost recovery level. Therefore, from time to time, the Master Fee Schedule has been amended to reflect changes or adjustments to fees as necessary to recover costs pursuant to that policy; WHEREAS, this resolution amends only the City Clerk, Harbor, Library/Museum, Parking, and Cemetery fee schedules; it does not alter any other fees previously adopted by the City Council and those are restated along with the amended fees in Exhibit A to this Resolution; WHEREAS, the City provides a variety of services to the public which benefit the entire community, individuals, or businesses. For certain services such as regulatory fees or recreational activities, the City recovers partially or fully the cost of providing these services, which would have been otherwise paid from the Library and Museum Trust Funds, Marina, Tidelands, Parking, Cemetery, and/or General Fund;
WHEREAS, where required by law, the amount of the new or increased fees and charges is no more than necessary to cover the reasonable cost of the governmental activity, and the manner in which those costs are allocated to the payer’s burden on, or benefits received from, the governmental activity;
WHEREAS, certain fees in the fee schedule are for government services provided directly to the payor that are not provide to those not charged. Where required by law, the amount of these fees do not exceed the reasonable costs to the City of providing the services.

Consequently, pursuant to California Constitution, Art. XIII C, Section 1(e)(2), such fees are not a tax;
Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 7, Packet Page 36 2 WHEREAS, Propositions 13, 218, and 26 have placed both substantive and procedural limits on cities’ ability to impose fees and charges. Collectively these constitutional amendments provide safeguards against taxes being imposed without a vote of the people; WHEREAS, Proposition 26 contains a requirement that the local government “bears the burden of proving by a preponderance of the evidence that a levy, charge, or other exaction is not a tax, that the amount is no more than necessary to cover the reasonable costs of the governmental activity, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor’s burdens on, or benefits received from, the governmental activity.” (California Constitution, Article XIII C, Section 1); WHEREAS, for the City Clerk Office fee schedule, the initiative petition process outlined in the California Elections Code includes a requirement to file a Notice of Intent with the elections official prior to circulation of the petition, and pursuant to Elections Code section 9202(b), the filer of such Notice of Intent shall pay a fee to be established by the legislative body not to exceed two hundred dollars ($200) to be refunded to the filer if, within one year of the date of filing the notice of intent, the elections official certifies the sufficiency of the petition; WHEREAS, for the Harbor fee schedule, fees have been at fixed rates for several years and these proposed fee increases will allow for cost recovery; WHEREAS, for the Library fee schedule, in the course of updating policies the Board of Library Trustees recommend three minor changes to Library fees: 1) remove the replacement fee for “Youth Paperbacks,” since the Library no longer has a distinct “Youth Paperback” collection, 2) Set a maximum late fine for laptops of $50 in order to be consistent with other fines charged, and 3) Increase the library card fee for individuals residing outside of the State of California from $5 to $10 per month since it has not been updated for 20 years; WHEREAS, for the Museums fee schedule, fees for public use of the Pacific Biological Laboratories have been fixed at the same rate for 22 years and the proposed fee increase will allow for cost recovery;
WHEREAS, for the Parking fee schedule, the City cannot afford to provide electric vehicle charging for the public free of charge, as the City has been supplying as much as $30 of free electricity to each electric vehicle user. The City’s goal is to encourage and provide access to electric vehicle charging stations for the public at a fair price that allows the City to recover its costs for electricity infrastructure;
WHEREAS, for the Cemetery, the Parks and Recreation Department has reviewed current fees and determined that adjustments are required to ensure the City of Monterey recovers the reasonably borne costs for services provided by such fees; WHEREAS, Ground Burials for Caskets and Urns, as well as Ossuary and Niche Inurnment fees are based on a comparison to current local comparator rates, but continue to offer reasonable and fair prices;
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 Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 8, Packet Page 37 3 possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

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

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that 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 amends and restates Resolution 22-024 the City Master Fee Schedule, attached hereto and incorporated by reference as Exhibit A. The fee amendments shall be effective July 1, 2022 and the CPI amendments shall be automatically applied annually effective July 1, 2023.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 9, Packet Page 38 Master Fee Schedule
Fiscal Year 2022
DRAFT
Administrative Services
Community Development - Permits & Inspections
Community Development - Planning
Community Development & Public Works - General
Library
Monterey Conference Center
Museums & Cultural Arts
Parking
Parks & Recreation
Parks & Recreation - Cemetery
Public Safety - Fire
Public Safety - Police
Public Works - Harbor & Marina
Public Works - Sewer
(INCLUDES PROPOSED FY23 FEE AMENDMENTS)
Bid Protest & Bidder Responsibility Appeals Fees
Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 10, Packet Page 39 DESCRIPTION FY22 FEE
General
Agenda and Minutes Mailing Service1$39.00 per year
Agenda Packet Subscription Service -
Council, Planning Commission,
Arch. Review Committee1$215.50 per year
Agenda Packet Subscription Service -
All other Boards and Commissions $60 per year
Certification of Documents $1.00 per document
Notary Service (per signature) IAW GC 8211 - $15.00
Transparency Reproduction $1.50 each
Fax Service - Send $4 first page, $3 each add'l page
Fax Service - Receive $2 first page, $1 each add'l page CD/DVD Duplication Direct cost (currently $1.00 each)
Publication of optional Candidate Statement in the
Voter Guide
100% of the amount determined by the Monterey
County Elections Department, to be paid by an
advance deposit of the estimated total, and to be
trued up following the County’s issuance of the actual
cost following the election.

NEW FY23 FEE: Deposit for Filing a Notice of Intent to
Circulate Initiative Petition $200
Going-out-of-business or Fire Sale Permit -
initial application (up to 30 days) $25
Going-out-of-business or Fire Sale Permit -
First Renewal (30 to 60 days) $50
Going-out-of-business or Fire Sale Permit -
Second (final) Renewal (60 to 90 days) $10 per day
Duplicate Business License Fee $5
Returned check Processing $10
PW Engineering Maps and Documents $3 per square foot
Zoning Ordinance, General Plan, EIRs, Budgets $20
Photocopying Services - Conference Center $.25 per page Photocopying Services - Public Works $.18 per page (11x17) Photocopying or Printing Services -
All others including Public Records $.10 per page (8.5x11)

ADMINISTRATIVE SERVICES
(2 pages)
Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 11, Packet Page 40 DESCRIPTION FY22 FEE

ADMINISTRATIVE SERVICES
(2 pages)
Ryan Ranch Recreational Vehicle Storage Facility, 20-
foot space, per month.1$63.00
Ryan Ranch Recreational Vehicle Storage Facility, 25-
foot space, per month.1$79.00
Ryan Ranch Recreational Vehicle Storage Facility, 30-
foot space, per month.1$94.50
Appeal of Marina Decisions to Council equal to fine asessed by Harbormaster Appeal of East Anchorage Decisions to Council equal to fine asessed by Harbormaster Appeal of Yellow Boat Permits to Council equal to fine asessed by Harbormaster Weed Abatement Fee Appeal to be set by resolution
Tobacco Retail License Fee $297
Council Chamber room (includes kitchen, furniture,
projection screen) $100 per session
Basic Sound System (includes 7 mics at dais and 1
lectern mic) $50 per session
Extra microphones (3 table mics 2 handheld mics
available) $20 each per session
Television Broadcast cameras and equipment
(requires Access Monterey Peninsula (AMP)
personnel be separately contracted/retained to
operate equip) $150 per session
Presentation Desk (includes projector, document
camera, and connections for a laptop computer) $100 per session Internet Connection $25 per session
Deposit required to hold the room
(will be applied to final invoice) $50 per reservation
Monterey City Council Chamber Rental Fees - Per Session 8am-6pm or 6pm-12am 1 Fees shall be adjusted annually in July based on the Consumer Price Index (CPI). The CPI increase shall be based on the published CPI for San Francisco Area (San Francisco-Oakland-San Jose) April edition and rounded to the nearest fifty cent (0.50) Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 12, Packet Page 41 DESCRIPTION FY22 FEE
Bid Protest
Purchases of goods, services, public works projects, etc. subject to informal bidding or requests for proposals $100
Public Works Projects subject to formal bidding up to $1 million and formal requests for proposals $250
Public Works Projects over $1 million and less than $5 million $500 Public Works Projects $5 million and over $1,000
Bidder Responsibility Appeals
Purchases of goods, services, public works projects, etc. subject to informal bidding –appeals without a hearing $100
Purchases of goods, services, public works projects, etc. subject to informal bidding - appeals with a hearing $500
Public Works Projects subject to formal bidding up to $1 million and formal requests for proposals – appeals without a hearing $250 Public Works Projects subject to formal bidding up to $1 million and formal requests for proposals – appeals with a hearing $750 Public Works Projects over $1 million and less than $5 million – appeals without a hearing $500
Public Works Projects over $1 million and less than $5 million – appeals with a hearing $1,000
Public Works Projects $5 million and over – appeals without a hearing $1,000 Public Works Projects $5 million and over – appeals with a hearing $1,500

BID PROTEST & BIDDER RESPONSIBILITY APPEALS FEES
Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 13, Packet Page 42 P/C-Bldg Only
Low Range High Range Incrmt Result Extra
$0.00 $4,000 1000 $91.51 $0.00
$4,000.01 $5,000 1000 $95.56 $0.00
$5,000.01 $25,000 1000 $95.56 $20.16
$25,000.01 $50,000 1000 $498.86 $14.56
$50,000.01 $100,000 1000 $862.91 $10.09
$100,000.01 $500,000 1000 $1,367.71 $8.07
$500,000.01 $1,000,000 1000 $4,592.03 $6.86
$1,000,000.01 $99,999,999,999,999 1000 $8,021.16 $4.54
P/C- All Work
Low Range High Range Result Extra
$0.00 $2,000 1000 $91.51 $0.00
$2,000.01 $3,000 1000 $100.12 $0.00
$3,000.01 $25,000 1000 $100.12 $28.23
$25,000.01 $50,000 1000 $721.08 $20.37
$50,000.01 $100,000 1000 $1,230.50 $14.10
$100,000.01 $500,000 1000 $1,936.15 $11.30
$500,000.01 $1,000,000 1000 $6,455.49 $9.58
$1,000,000.01 $99,999,999,999,999 1000 $11,245.70 $6.36 Bldg Only
Low Range High Range Result Extra
$0.00 $2,000.00 1000 $91.51 $0.00
$2,000.01 $25,000.00 1000 $91.51 $31.03
$25,000.01 $50,000.00 1000 $805.15 $22.40
$50,000.01 $100,000.00 1000 $1,364.77 $15.52
$100,000.01 $500,000.00 1000 $2,140.46 $12.41
$500,000.01 $1,000,000.00 1000 $7,103.79 $10.54
$1,000,000.01 $9,999,999,999.99 1000 $12,369.75 $6.98
Bldg All Work
Low Range High Range Result Extra
$0.00 $1,000.00 1000 $91.51 $0.00
$1,000.01 $2,000.00 1000 $128.13 $0.00
$2,000.01 $25,000.00 1000 $128.13 $43.44
$25,000.01 $50,000.00 1000 $1,127.13 $31.33
$50,000.01 $100,000.00 1000 $1,909.98 $21.71
$100,000.01 $500,000.00 1000 $2,995.99 $17.39
$500,000.01 $1,000,000.00 1000 $9,946.77 $14.74
$1,000,000.01 $9,999,999,999.99 1000 $17,320.42 $9.77
1 Fee amounts include CPI adjustments.

Building Permit Fees - Monterey

COMMUNITY DEVELOPMENT DEPT - PERMITS & INSPECTIONS
Fee Amount
Fee Amount
Fee Amount

DESCRIPTION
Plan Check - Monterey
Fee Amount
FY22 FEE1
Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 14, Packet Page 43 DESCRIPTION FY22 FEE
Architectural Review - ARC Major 1$4,190.50
Architectural Review - ARC Minor 1$1,907.00
Architectural Review - Admin Major 1 $1,177.50
Architectural Review - Admin Minor 1$328.50
Architectural Review - Signs ARC/HPC Review, including Historic Permit 1$1,458.00 Architectural Review - Signs Minor 1$374.50
Historical Preservation - Mills Act Request w/rezone * $0.00 Historical Preservation - Mills Act Request w/o rezone * $0.00 Historical Preservation - Demolition Review 1 $236.00
Historical Preservation - Historical Permit, major * $0.00 Historical Preservation - Historical Permit, admin * $0.00 Historical Preservation - Historic Report, review * $0.00 Hisotric Preservation - Historic Survey * $0.00
Conditional Use Permits -Planning Commission Major (deposit) $4,000 deposit Preapplication $1,000.00
Conditional Use Permits - Planning Commision Minor 1 $2,170.00 Conditional Use Permits - Zoning Administrator 1$918.00 Conditional Use Permits - Temporary 1$328.50
Variances/Parking Adjustment - Major Planning Commission 1$1,718.00 Variances/Parking Adjustment - Minor Zoning Administrator 1$918.00 Subdivisions - Tentative Subdivision Map (includes preliminary and final) $6,000 deposit Subdivisions - Covenant of Easement 1$338.00
Subdivisions - Minor Subdivisions 1$4,382.50
Subdivisions - Lot Line Adjustment 1$3,863.00
Subdivisions - Certificate of Compliance 1$1,391.50
Lot Merger 1$824.50
Environmental Review - Environmental Impact Report deposit based on cost estimate Environmental Review - Environmental Initial Study
leading to a Negative Declaration $4,000 deposit
Text or Map Admendments -
General Plan/Area Plan/Specific Plan/Zoning Ordinance $4,000 deposit Text or Map Admendments - Local Coastal Plan $5,000 deposit Annexation $5,000 deposit
Permits - Food Vending Permit 1$199.50
Permits - Development Services Sidewalk Vendor Permit 1$205.50 Permits - Home Occupation Permit 1$70.00
Zoning Affidavit 1$328.50
Permits - Permit Extension 1$920.00
Permits - Permit Amendment 2/3 of permit fee
Permits - Special Permits (bingo, pet) 1$199.50
Permits - Temporary Sign 1$17.50
Permits - Tree Permit Associated with Development (ARC) 1$672.50 Permits - Tree Permit Associated with Development (Administrative) 1$284.50 Concept Review (PC) 1$1,578.50
Undocumented Dwellings 1$328.50
Appeals - Of Decisions of Staff, ZA, ARC and
Environmental Determination to the Planning Commission 1$331.50 Appeals - Of Decisions of Planning Commission to the City Council 1$721.00

COMMUNITY DEVELOPMENT DEPT - PLANNING FEES
1 Per City Code Sec. 19-103, Fee includes CPI adjustments, for applicable fees (SF, April). * Solar arrays, cisterns, and safe parking are exempt from architectural review, historical preservation, use permit and variance fees.

Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 15, Packet Page 44 DESCRIPTION FY22 FEE
Encroachment Permits
Street Opening Fee 1
$252.00
Street Opening Fee with Sewer Connection 1
$509.00
Temporary Encroachment Fee
(plus $91/hour if review outside PPW is required) 1
$193.00
Permanent Encroachment Fee
(plus $87/hour for inspection)1
$252.00
Driveway or Sidewalk Encroachment Fee1
$252.00
Traffic Control Fee1
$128.00
Public Improvement Inspection 3% of common area or dedication improvements Building Permits
Investigative Fee for work without permit(s) Cost of permit Missed inspections or work not complete1
$104.00
Sewer Lateral Review Fee1,2 $114.00
Plumbing Permit - for the issuance of
most Plumbing Permits1
$133.00
Electrical Permit1
$133.00
Mechanical Permit1
$133.00
Grading Plan Review Fee1
$133.00
Grading Permit Fee1
$133.00
Residential Property Inspections Reports -
Single Family Dwelling1
$148.00
Additional Inspection1
$104.00
Additional Plan Check fee1
$110.00
Address Change1
$76.00
Duplicate Job Card1
$53.00
Revision1
$53.00
Temporary Permit1
$143.00
General Plan Fee 15% of building permit fee
PW Engineering
Grease Interceptor Waiver Fee
(360 days from City letter) $60/month
Final Subdivision Map Check1
$754.00
Sewer Connection (Twin Oaks) $420/Developable parcel
Standard Specification $50/set
Street Patch Charge (asphalt only) $16.50/sq foot
Other
Banner 1
$190.00
Lease Administration Fee1
$250.00
Storm Water Review and Inspection Fee
(plus $94/hour)1
$330.00
Storm Water - Developer Design Review1
$2,230.00
Miscellaneous - Public Improvement Design Service
or Plan Check $111/hour
Miscellaneous - Administrative Notification Fee $111/hour

COMMUNITY DEVELOPMENT DEPT & PUBLIC WORKS DEPT - GENERAL 1 Fee amount includes CPI adjustments, for applicable fees (SF, April). 2 Per Ordinance #3579
Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 16, Packet Page 45 DESCRIPTION FY22 FEE
Overdue Fines - Adult Materials
(includes Audio Cassettes, CDs, Books, Magazines, DVDs, Videos) $.50/day to a max of $10 Overdue Fines - Teen Materials
(includes Audio Cassettes, CDs, Books, Magazines, DVDs, Videos) $.25/day to a max of $5 Overdue Fines - Youth Materials
(includes Audio Cassettes, CDs, Books, Magazines, DVDs, Videos) $.25/day to a max of $5 Overdue Fines - Laptop Computers $5/hour
Overdue Fines - Laptop Computers, FY23 FEE AMENDMENT: $5/hour to a max of $50 Overdue Fines - Telescopes $5/day to a max of $50
Lost/Damaged Materials - Books Cost of item
Lost/Damaged Materials - Magazines Adult $10 / Youth & Teen $5 Lost/Damaged Materials - Paperbacks Youth $6
Lost/Damaged Materials - Paperbacks, FY23 FEE AMENDMENT: REMOVE Library Cards - California Resident No Charge
Library Cards - Out of State Resident $5 for one month
Library Cards - Out of State Resident, FY23 FEE AMENDMENT: $10/month Duplicate (Replacement) Library Card No Charge
Photocopying Services - Library
$.10 per single-sided black & white copy,
$.25 per single-sided color copy
Microfilm copies - Library $.25 per 8.5"x11" printed page Print-outs from Internet Stations $.10 per printed page Fees for document delivery, color internet prints, & duplication of California History Room photos and other archival materials. Call Library for fee Meeting Room Use - Community Room
(must be non-profit org w/ approved application on file) $10/hr max $50/day if user does not have
valid library card
Meeting Room Use - Conference Room
(must be non-profit org w/ approved application on file) $5/hr max $25/day if user does not have a
library card

LIBRARY
Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 17, Packet Page 46

DESCRIPTION
FY22

PUBLISHED
FY22

NON-PROFIT
Room
Serra I $4,580 $3,665
Serra II $3,775 $3,020
Serra I, II $8,345 $6,675
Serra Lobby $1,135 $910
Steinbeck I $1,495 $1,195
Steinbeck II $1,205 $965
Steinbeck III $1,495 $1,195
Steinbeck I, II, III $4,120 $3,295
Steinbeck I - A $890 $715
Steinbeck I - B $890 $715
Steinbeck I - C $890 $715
Steinbeck Lobby $890 $715
Colton I, II or III $520 $415
Colton I, II & III $1,560 $1,245
Jeffers Plaza $1,495 $1,195
Stevenson I $635 $510
Stevenson II $635 $510
Stevenson Terrace $1,245 $995
Delmonte Terrace $1,135 $910
Parking $50 $50

3. Future rates beyond FY22 increase between 3-5% annually not to exceed 5%.

4. Rates are rounded off to the nearest $5.

5. Rates are on a fiscal basis July 1 through June 30.

Parking

MONTEREY CONFERENCE CENTER
Notes regarding MCC fees:

1. Published Rates: from $0.38/sq foot for Ballrooms to $1.09/square foot for Stevenson Rooms.

2. Non-Profit Rates: 20% off published rates for Monterey County 501 (c)(3) Organizations.

Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 18, Packet Page 47 DESCRIPTION FY22 FEE
Equipment:
5x7 Lined pad w/pen or pencil 26.00/dozen
Hard candies 6.00/bowl
Table 18.00
Table w/linen 23.00
Linen - refresh 6.00
Skirt - refresh 38.00 (cost to dry clean)
Podium 30.00
Easel 15.00
Dance Floor/15x15 or larger 350.00 per event
Dance Floor/15x15 or smaller 150.00 per event
Pipe & Drape (2 bases) 20.00
Stanchion (2 bases) 10.00 per section
Chair, banquet 1.00
Services
Labor Fees:

Including but not limited to: removing decorations,
preparing for fog machines, additional room refreshes,
airwall open/close, room turns or balloon drops. 50.00/hr per person Room Turns:

Steinbeck Ia, Ib, Ic 50.00/section
Steinbeck II, III 150.00 per section
Colton 50.00 per section
Serra I 450.00 minimum
Serra II (Based On Setup Requirements) 400.00 minimum
Serra Carpet Replacement 125.00 per 3x3 section
Re-Key Lock + (1) Key 75.00
Additional Keys 25.00 each
Unreturned Keys 25.00 each
Banner hung, oversized with grommets @ corners & center 50.00 Banner installation of grommets @ 2 corners & center 50.00 Shipment per cardboard box

25.00/day to store
(5 boxes for the RENTER is complimentary with receipt
no earlier than 2 days prior to move in)
Shipment, oversized 110.00/day to store
Shipment, pallet
110.00 + 50.00/additional day to store, includes forklift assistance
Monterey Conference Center - Equipment & Service Fees
(2 pages)
Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 19, Packet Page 48 DESCRIPTION FY22 FEE
Monterey Conference Center - Equipment & Service Fees
(2 pages)
Analog Lines:

Polycom instrument 50.00/day
Heavy Equipment: Day = 8 hours
Forklift with operator 75.00/hr or 500.00/day
Scissor Lift 75.00/hr or 500.00/day
Powered Pallet Jack 30.00/hr or 150.00/day
Non-Powered Pallet Jack 25.00/hr or 125.00/day
Office Supplies/Services:

Power Strip 30.00
Extension Cords 20.00
Office Services/Supplies Cost + 25% (5.00 minimum)
Tables 9.00 each
Banquet Chairs 1.00 each
Risers 15.00 per 6' x 8' section
Forklift 50.00 per hr or 25.00 per ½ hr
Pallet Jack 50.00 per hr or 25.00 per ½ hr
Scissor Lift 50.00 per hr or 25.00 per ½ hr
Offsite Equipment Rental Fees:

Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 20, Packet Page 49 DESCRIPTION FY22 FEE
Pacific Biological Laboratories (public use)
$18/hour/staff person M-F 8am to 5pm, $25/hour/staff
person at other times,
including time for travel, set up & close-up
Pacific Biological Laboratories (public use),
FY23 FEE AMENDMENT:
$35/hour/staff person M-F 8am to 5pm, $60/hour/staff
person at other times,
including time for travel, set up & close-up

MUSEUMS & CULTURAL ARTS
Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 21, Packet Page 50

DESCRIPTION
FEE
JANUARY 1, 2021
FEE
JANUARY 1, 2022
Cannery Row Garage $47.50/mo, $135/qtr, $486/yr $52.50/mo, $150/qtr, $540/yr West Custom House Garage $47.50/mo, $135/qtr, $486/yr $52.50/mo, $150/qtr, $562/yr East Custom House Garage $47.50/mo, $135/qtr, $486/yr $52.50/mo, $150/qtr, $540/yr Waterfront Lot $47.50/mo, $135/qtr, $486/yr $52.50/mo, $150/qtr, $540/yr Wharf II $47.50/mo, $135/qtr, $486/yr $52.50/mo, $150/qtr, $540/yr Red Wharf Permits - $135/qtr Permits - $150/qtr
Depot Lot Figueroa / Del Monte $47.50/mo, $135/qtr, $486/yr $52.50/mo, $150/qtr, $540/yr Upper 7 $47.50/mo, $135/qtr, $486/yr $52.50/mo, $150/qtr, $540/yr Lot #4 Franklin / Van Buren $47.50/mo, $135/qtr, $486/yr $52.50/mo, $150/qtr, $540/yr Lot #6 Wharf $157.50/mo, $465/qtr, $1674/yr $162.50/mo, $480/qtr, $1728/yr Lot #8 Franklin / Pierce $47.50/mo, $135/qtr, $486/yr $52.50/mo, $150/qtr, $540/yr Lot #11 Franklin / Pierce $77.50/mo, $225/qtr, $810/yr $82.50/mo, $240/qtr, $864/yr Lot #14 Bonifacio / Adams $47.50/mo, $135/qtr, $486/yr $52.50/mo, $150/qtr, $540/yr Lot #18 Van Buren / Jefferson $47.50/mo, $135/qtr, $486/yr $52.50/mo, $150/qtr, $540/yr Lot #21 Foam / Cannery Row $47.50/mo, $135/qtr, $486/yr $52.50/mo, $150/qtr, $540/yr Lot B Calle Principal / Pearl $77.50/mo, $225/qtr, $810/yr $82.50/mo, $240/qtr, $864/yr New Monterey Employee Permit Permits - $27.50/mo, $75/qtr Permits - $32.50/mo, $90/qtr Monterey Resident Discount Decal
$20/yr
2hrs free in Downtown Garages (West and East),
Waterfront Lot and Cannery Row Garage
$20/yr
2hrs free in Downtown Garages (West and East),
Waterfront Lot and Cannery Row Garage
Employee Voucher Parking Program
Cannery Row & Downtown Garages
20 entries - $50
Valid in Downtown Garages (East and West)
and Cannery Row Garage
20 entries - $50
Valid in Downtown Garages (East and West)
and Cannery Row Garage
Construction Daily Permit
$10.00 Downtown
$20.00 Waterfront / Cannery Row
$15.00 Downtown
$25.00 Waterfront / Cannery Row
Reserved Parking (Citywide)
$20/space per day
$50/space for display
$25/space per day
$55/space for display

PARKING - PERMIT FEES

13. The City Manager or their designee shall have the authority to negotiate and set fees for any City parking facility for special events or functions.

Notes Regarding Parking Fees:

1. A refundable $5.00 deposit for the permit entry card and card programming will be required in addition to the permit fee.

Please note, if payment is received after the grace period, a reactivation fee of $5.00 per permit will be charged.

2. Wharf II permits shall only be issued to those who have boats at A or H Tier and must be verified with the Harbormaster.

3. Permit fees are non-refundable. If you desire to change your billing option, it will become effective the following quarter.

You may not switch billing options during the quarter.

4. A replacement fee of $10 per permit will be charged for lost or stolen paper permits.

5. An administrative fee of $10 will be charged to dismiss a parking citation for failure to display a proper permit.

6. Grace periods: Monthly Permits - 2 days, Quarterly Permits - 5 days, Annual Permits - 10 days

7. Permit Pro-rate Information: Monthly - on the 15th of each month, Quarterly - on the 1st and 15th of each month, Annual - None.

8. Monterey Residents may purchase a decal for $20/year that will allow them two hour parking in the Downtown Garages, Cannery Row Garage and the Waterfront Lot.

9. Effective 01/01/09, the Fisherman's Wharf Party Boat discount rate for the Waterfront lot for the period of Memorial Day through Labor Day shall be $7/day and $5/day the remaining time of the year.

10. Effective 01/01/09, the monthly charge for a net storage in the Depot Lot shall be $50/space.

11. Boot Removal Fee is $75.00.

12. The City Manager or their designee shall have the authority to set a flat parking rate in any attendant parking facility up to the approved maximum daily rate for said facility.

Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 22, Packet Page 51 DESCRIPTION FY22 FEES
Downtown:

Lot 7, Calle Principal Garage Lower $1.50/hr, $8.00 all day Lot 7, Calle Principal Garage Upper $1.50/hr, $8.00 all day Downtown West Garage
1st hr free, $1.00/30 min or fraction thereof.
$12 daily max
Downtown East Garage
1st hr free, $1.00/30 min or fraction thereof.
$12 daily max
Monterey Sports Center Lot
$1.50/hr, 3 hr max
Defered - Pending validation program
Lot 4, Franklin & Van Buren $1.50/hr $8.00 all day
Lot 8, Franklin & Pierce $1.50/hr
Lot B, Calle P. & Pearl permit only
Lot 11, Calle P. and Pearl $1.50/hr, $8.00 all day
Lot 14, Bonifacio & Adams $1.50/hr, $8.00 all day
Lot 18, Van Buren & Jefferson permit only
Cannery Row:

Meters, Cannery Row (Zone 1) $2.25/hr.

Meters, Wave (Zone 2) $2.00/hr.

Meters, Foam (Zone 3) $1.75/hr
CR1, Foam & Hoffman
Flat rate pricing or hourly rate structure based on
demand and season. $5.00 - $20 daily max
CR7, Foam & Irving $20/daily max, $5 after 5pm
Lot 24, C.R. & Foam - Meters (Zone 3) $1.75/hr
Lot 21, C.R. & Foam
$1.50/hr, $10 daily max
Double space $2/hr, $16 daily max
San Carlos Beach Lot $1.50/hr, $10 daily max
Coast Guard Pier (Breakwater)
$1.50/hr, $10 daily max
Double space $2/hr, $16 daily max
Waterfront:

Waterfront Lot 1 $1/30 minutes or fraction thereof, $15 daily max.

Marina Lot
$1.50/hr, $10 daily max
Double space $2/hr, $16 daily max
Depot Lot , Figueroa
$1.50/hr, $10 daily max
Double space $2/hr, $16 daily max
Municipal Wharf II $1.50/hr, $10 daily max
Lot 6, Waterfront no fee, loading/unloading zone only
Southern Pacific (SP) Lot $1.50/hr, $10 daily max
East Depot Lot/Gravel side
$1.50/hr, $10 daily max
Double space $2/hr, $16 daily max
Monterey Bay Park (MB7)
$1.50/hr, $10 daily max
Double space $2/hr, $16 daily max
NEW FY23 CATEGORY: Electric Vehicle Charging Rates:

NEW FY23 FEE: Electric Vehicle (EV) Charging, PER KWH $0.36 NEW FY23 FEE: Idle Fee After Designated Grace Period, PER MINUTE $0.50

PARKING - RATES
Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 23, Packet Page 52

DESCRIPTION

PROGRAM
FEE

MONTEREY
RESIDENT FEE2
Permits/Facility Rentals

1. Group Picnic Permit $80 $61.20

2. El Estero Park Group Picnic Permit $104 $85.28

3. Veteran's Memorial Park Group Area 2 Picnic Permit $104 $85.28

4. Group Beach Permit $80 $61.20

5. Group Beach Permit/Commercial $215 $215.00

6. Beach Wedding Permit $607 $607.00

7. Beach/Park Annual Use Permit For Small Group Activities Incl. Picnics/Teambuilding/Instructional Classes/Camps/Fitness Or Athletic Training (groups of 15 or less)- Commercial $789 $603.59

8. Beach/Park Annual Use Permit For Small Group Activities Incl. Picnics/Teambuilding/Instructional Classes/Camps/Fitness Or Athletic Training (groups of 15 or less)- Nonprofit $248 $248.00

9. Sport Court Permit
(eg., Volleyball, Basketball, Tennis) - PER DAY $66 $50.49

10. Bounce House/Inflatable Permit $50 $50.00

11. Wedding Event Permit - Colton Hall Lawn
Or Friendly Plaza - Per Location $218 $185.30

12. Event Permit (Per Day) $607 $607.00

13. Event/Park Closure Permit (Per Day) $1,379 $1,379.00

14. Meeting Room Use - Nonprofit (During Community Center Operating Hours) - Per Hour Fee $27 $27.00

15. Meeting Room Use - Nonprofit (During Community Center Non-Operating Hours) - Per Hour Fee w/ 2 Hour Minimum $56 $56.00

16. Facility Rental – Community Centers Private Party Use - Per Hour Fee w/ 2 Hour Minimum $146 $111.69

17. Waterfront Community Room Rental Permit - Nonprofit - Per Hour Fee $80 $80.00

18. Ballpark Event Permit
Day Use $607 $607.00
Hourly Use $61 $61.00
Lights Use - Per Hour Fee $27 $27.00

19. Ballpark Use Fee Practice -
Per Hour Fee w/ 2 Hour Minimum $28 $22.40

20. Parks & Recreation Commission
Appeal Process $179 $179.00

PARKS & RECREATION
(4 pages)
effective April 1, 2022
Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 24, Packet Page 53

DESCRIPTION

PROGRAM
FEE

MONTEREY
RESIDENT FEE2

PARKS & RECREATION
(4 pages)
effective April 1, 2022

21. Monterey Sports Center
Drop-In Admission:

Youth (3-17 Years) $9 $8.00
Adult (18-61 Years) $14 $13.00
Senior (62 And Older) $9 $8.00
10-Visit Pass:

Youth (3-17 Years) $90 $80.00
Adult (18-61 Years) $140 $130.00
Senior (62 And Older) $90 $80.00
Subscription/Auto Billing (1 Month):

Youth (9-12 Years) $34 $30.60
Teen (13-17 Years) $37 $33.30
Adult (18-61 Years) $61 $54.90
Senior (62 And Older) $45 $40.50
Family* $87 $78.30
Membership (1 Year):

Youth (9-12 Years) $371 $333.90
Teen (13-17 Years) $408 $367.20
Adult (18-61 Years) $668 $601.20
Senior (62 And Older) $493 $443.70
Family* $957 $861.30
Business/Corporate Fee:

Membership (1 Year) $586 $586.00
Facility Rental (Staff Time Additional)
During Non-Operating Hours:

Pool - First 2 Hours $304 $273.60
Additional Hour $136 $122.40
Gym - First 2 Hours $304 $273.60
Additional Hour $136 $122.40
Pool & Gym - First 2 Hours $466 $419.40
Additional Hour $223 $200.70
During Operating Hours:

Pool Lane Rental - Per Hour Fee $19 $17.10
Gymnasium Court Rental- Per Hour Fee $37 $33.30
Studio Rental- Per Hour Fee $74 $66.60
* Family Membership Eligibility - 2 adults and their dependent children 20 years of age and younger than live in the same household.

Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 25, Packet Page 54

DESCRIPTION

PROGRAM
FEE

MONTEREY
RESIDENT FEE2

PARKS & RECREATION
(4 pages)
effective April 1, 2022
Conference Room Rental- Per Hour Fee $25 $22.50

22. Veteran's Memorial Park Campground:

Campsite With 1 Vehicle $44 $44.00
Additional Vehicle $12 $12.00
Each Bicycle - Hiker Campsite $9 $9.00
Overnight Youth Group Area 3 - Per Person Fee $9 $9.00
Overnight Youth Group Area 2 - Per Person Fee $11 $11.00 Active Duty & Retired U.S. Military,
Disabled U.S. Veterans & Senior Age 62
And Older - (Vehicle Campsite)3
$5 DISCOUNT $5 DISCOUNT
Active Duty & Retired U.S. Military,
Disabled U.S. Veteran & Senior Age 62
And Older - (Hiker Campsite)3
$2 DISCOUNT $2 DISCOUNT
Shower Fee For Non-Campers $4 $4.00
Dump Station Fee For Non-Campers - Per Use Fee $12 $12.00 Recreational Vehicle Surcharge - Per Night Fee $6 $6.00 Urban Forestry
$112.00
$0.00
$139.50
$198.50
4 The Parks and Recreation Director may approve promotional pricing for Recreation activities, programs, and services, subject to the following standards: 1. The fee reduction must be intended to promote Recreation programs and facilities; 2. The fee reduction shall not reduce fees by more than 25%; 3. The fee reduction is publicized and open to all; and 4. The fee reduction is limited in duration. 5 The Parks and Recreation Director is authorized to set fees for Recreation activities, programs and services, subject to the following standards: 1. Recreational programs and services shall benefit both the participant and the community due to their educational, cultural, and physical value. 2. Recreational programs and services require facilities, supplies, equipment, and/or considerable staff planning and supervision specific to the program and therefore, it is appropriate to charge a fee for these programs and services. Some examples include, but are not limited to instructional programs, summer day camp, senior programs, teen programs, special events, and youth/adult athletic programs. 3. Fees will not exceed the reasonable cost to the City of providing the program, class, or service. 4. Fees will remain affordable to allow access to community members, especially youth and seniors; and 5. Contractually taught class fees will be set based on availability of instructor, instructor costs, as these programs follow city purchasing policy.
1 Fees will be annually adjusted per CPI (SF, April Edition) rounded to the nearest fifty cents. 2 To be eligible for the resident rate, the purchaser must be a resident of the City of Monterey or United States Active Duty Military as of the date of registration or for eligible employee and dependents who have access to resident rates per Memoranda of Understanding. Proof of residency, such as a driver's license or state-issued identification, utility bill or U. S. Military active duty status such as military ID is required. 3 To be eligible for discounted camping rates at Veteran's Memorial Park, proof of age such as a driver's license or state-issued identification, or proof of United States Military active duty, retired or disabled veteran status is required.

Notes Regarding Parks & Recreation fees:

Tree View Trimming Permit - City or Private Tree1
Tree Removal Permit Fee - Dead and Dying1
Tree Removal Permit Fee (Non-Development)1
Tree Removal Permit Appeal Fee (Non-Development)1
Non-Development Tree Permits:

Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 26, Packet Page 55

DESCRIPTION

PROGRAM
FEE

MONTEREY
RESIDENT FEE2

PARKS & RECREATION
(4 pages)
effective April 1, 2022
6 Five percent (5%) of Parks & Recreation (P&R) Fees, which excludes P&R Commission Appeals, Cemetery, RV Storage Lot, and Urban Forestry fees, will be committed to the Facility Maintenance and Improvement Fund.

Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 27, Packet Page 56 DESCRIPTION FY22 FEE1
RESIDENT*
Ground Burials for Caskets
a. Infant Burial Site $1,541.00 $1,309.50
b. Adult Burial Site - Single Depth $5,058.50 $4,300.00 c. Adult Burial Site - Double Depth $8,218.00 $6,984.50 d. Changing Rights from Adult Single Depth to Adult Double Depth (50% of Adult Single Depth Price) $2,529.50 $2,150.00
Niche Inurnment
a. Niche- Single Lakeside Columbarium $2,761.00 $2,346.50 b. Niche - Double Lakeside and Old Columbarium $5,239.00 $4,452.50 Ground Burial for Urns
a. Full Burial Site (1-8 urns) $5,058.50 $4,300.00
b. Half Burial Site (1-4 urns) $2,529.25 $2,073.50
c. NEW FY23 FEE: Quarter Burial Site (1-2 urns only) $1,686.00 $1,075.25 c. (d.) Cremains Added Plot (2nd, 3rd right etc. of Inurnment) $1,333.50 $1,133.50 Cremains Added Plot (2nd, 3rd right etc. of Inurnment), FY23 FEE AMENDMENT:
$616.50 $616.50
NEW FY23 CATEGORY: Ossuary- Scattering Garden (shared burial site) a.

NEW FY23 FEE: Remains added to shared burial site- remains not retrievable $300.00 $255.00
b. NEW FY23 FEE: Fetal remains $50.00 $42.50
Indenture/Administrative Fee
a. Indenture – Burial Site $213.00
b. Indenture - Niche $213.00
c. Indenture Transfer fee $250.50
d. Deed Replacement $82.00
e. Ossuary Administrative Fee $30.00
Endowment Care
a. Infant Burial Site $655.00
b. Half Burial Site $1,200.50
c. NEW FY23 FEE: Quarter Burial Site (1-2 urns only) $620.00 c. (d.) Burial Site – Single Depth $1,855.50
d. (e.) Burial Site – Double Depth $1,855.50
e. (f.) Niche- Single $873.00
f. (g.) Niche- Double $1,091.50
h. Ossuary (Scattering Garden) $75.00
Internment/Inurnment – Labor Charges
a. Infant Cremains $573.00
b. Adult Cremains $616.50
c. Infant Casket Burial $753.00
d. Child Casket Burial $764.00
e. Child Burial (adult sized casket) $1,200.50
f. Adult Burial – Single Depth $1,200.50
g. Adult Burial – Double Depth $1,386.00
h. Niche- Lakeside Columbarium Inurnment $409.50
i. Niche- Old Columbarium Inurnment $502.50

PARKS & RECREATION DEPARTMENT - CEMETERY FEES
(2 pages)
Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 28, Packet Page 57 DESCRIPTION FY22 FEE1
RESIDENT*

PARKS & RECREATION DEPARTMENT - CEMETERY FEES
(2 pages)
a. Infant Burial $436.50
b. Cremation Burial $436.50
c. Niche – Columbarium Inurnment $436.50
d. Adult Burial – Single Depth $829.50
e. Adult Burial - Double Depth (1st, 2nd Right of Internment) $829.50 Disinterment – Labor Charges
a. Infant Cremains $459.00
b. Adult Cremains $627.50
c. Infant/Child Casket Burial $1,959.00
d. Child Casket Burial (adult sized casket) $2,723.00
e. Adult Burial – Single Depth $2,892.50
f. Adult Burial – Double Depth $3,651.00
g. Dis-inurnment Niche - Single/face plate disposal/replace $709.50 h. Dis-inurnment Niche - Double/ face plate disposal/replace $818.50 Memorial Marker Placement - Cement Border
a. 8X16x3 inch $141.50
b. 12X24x3 inch $377.00
c. 12x36x3 inch $480.00
12x36x3 inch, FY23 FEE AMENDMENT: REMOVE
d. (c.) 16x28x3 inch $523.50
Memorial Marker Placement – No Cement Border
a. 8X16x3 inch $131.50
b. 12X24x3 inch $245.50
c. 12x36x3 inch $268.00
12x36x3 inch, FY23 FEE AMENDMENT: REMOVE
d. (c.) 16X28x3 inch $322.50
Other Services
a. Niche Engraving - Single Niche – per character $9.00 b. Niche Engraving - Double Niche - per character $9.00 c. Flower Vase Drilling $16.00
d. Paint Inscriptions $191.00
e. Remove Marker/Dispose $245.50
1 Fees shall be adjusted annually in July based on the Consumer Price Index (CPI). The CPI increase shall be based on the published CPI for San Francisco Area (San Francisco-Oakland-San Jose) April edition and rounded to the nearest fifty cents (0.50). *To be eligible for the resident rate, the purchaser or deceased must be a resident of the City of Monterey as of the date of purchase or death or for eligible employees who have access to residents rates per Memorandum of Understanding. Proof of residency, such as a driver’s license or utility bill we be required.

Internment/Inurnment - Weekends/Holidays – Labor Charges – Additional Fee Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 29, Packet Page 58 DESCRIPTION FY22 FEE
Special Events Stand-by (Fire) Fully Burdened Cost
Engine Company Inspections (initial inspection) $0
Engine Company Inspections - First re-inspection $0
Engine Company Inspections - Subsequent re-inspections $90 Fire Prevention Bureau Inspections - initial inspection $0 Fire Prevention Bureau Inspections - First re-inspection $0 Fire Prevention Bureau Inspections - Second re-inspection $100 Fire Prevention Bureau Inspections - Third re-inspection $200 Fire Prevention Bureau Inspections - Fourth & each subsequent reinspection $500 State Mandated Community Care Facilities Inspections,
Pre-Inspection Fee ≤25 occupants $143
State Mandated Community Care Facilities Inspections,
Pre-Inspection Fee ≥26 occupants $244
State Mandated Community Care Facilities Inspections,
Fire Clearance Fee 7 to 50 occupants $143
State Mandated Community Care Facilities Inspections,
Fire Clearance Fee >50 occupants $244
State Mandated Community Care Facilities Inspections,
Annual Inspection Fee 7 to 50 occupants $143
State Mandated Community Care Facilities Inspections,
Annual Inspection Fee >50 occupants $244
High Rise Inspection $1,010
Annual Day Care Inspections (6 or more children) $66
Fire False Alarm Response (for any 12 month period) -
First False Alarm $0
Fire False Alarm Response (for any 12 month period) -
Second False Alarm $20
Fire False Alarm Response (for any 12 month period) -
Third False Alarm $30
Fire False Alarm Response (for any 12 month period) -
Fourth False Alarm $60
Fire False Alarm Response (for any 12 month period) -
Fifth False Alarm $100
Fire False Alarm Response (for any 12 month period) -
Any Additional False Alarms $500
Hazardous Materials Response Fully Burdened Cost
DUI Incident Reimbursement1Not to exceed $12,000
Fire Hydrant Flow Tests $75
CPR Heart Saver Class - cost per student $50
CPR Healthcare Provider Class - cost per student $60

PUBLIC SAFETY - FIRE
(2 pages)
Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 30, Packet Page 59 DESCRIPTION FY22 FEE

PUBLIC SAFETY - FIRE
(2 pages)
CPR First Aid - cost per student $100
Fire Plan review and inspections, trade show set-up review $66 Fire Plan review and inspections, Liquid Propane Gas installations $235 Fire Plan review and inspections, Field Inspections (missed appointment) Fully Burdened Cost
Fire Plan review and inspections, Medical Gas $235
Fire Plan review and inspections, Tent Installation
(400 - 1000 sq ft) $143
Fire Plan review and inspections, Tent Installation
(1000 - 2000 sq ft) $194
Fire Plan review and inspections, Tent Installation
(>2000 sq ft) $244
Unauthorized Work Double Permit Fee
Unauthorized Occupancy $100
Fire Department Review of Building Plans, Residential 10% of Building Plan Check Fee Fire Department Review of Building Plans, Commercial 20% of Building Plan Check Fee Project Consultation Fee Fully Burdened Cost
Expedited Plan Checks Fully Burdened Cost
Fire Protection System Plan Check Fees-Fire Alarm System $607 Fire Protection System Plan Check Fees-Automatic Fire Sprinkler System 1-5 Heads $428
Fire Protection System Plan Check Fees-Automatic Fire Sprinkler System 6-180 Heads (in-house review) $816
Fire Protection System Plan Check Fees-Automatic Fire Sprinkler System 6-180 Heads (contractor review) $428 + contractor cost Fire Protection System Plan Check Fees-Automatic Fire Sprinkler System 180+ Heads (in-house review), ie. tenant improvements $816
Fire Protection System Plan Check Fees-Automatic Fire Sprinkler System 180+ Heads (contractor review) $662 + contractor cost Fire Protection System Plan Check Fees - Fixed Fire Protection System, other than Sprinklers (ie., spray booth, clean agent, hood system), new system $816
Fire Protection System Plan Check Fees - Fixed Fire Protection System, other than sprinklers (ie., spray booth, cleant agent, hood system) - alteration to existing system $525
Fire Protection System Plan Check Fees - Underground Systems (includes plan review, inspection, permit approval, system test flush) system test flush) $1,010

1. Including but not limited to personnel, apparatus, vehicles, reports, booking.

Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 31, Packet Page 60 DESCRIPTION FY22 FEE
Vehicle Equipment Inspection $16
Animal Impound Fee - altered animal 1st visit $54
Animal Impound Fee - non-altered animal 1st visit $64
Animal Impound Fee - altered animal 2nd vist and thereafter $69 Animal Impound Fee - non-altered animal 2nd visit and thereafter $79 Animal Impound Fee - daily kennel fee $22
Fingerprints - inked card $12
LiveScan service only $33
LiveScan prints - Local (includes DOJ fee)2$65
LiveScan prints - Local/Federal (includes DOJ & FBI fee)2$82 LiveScan prints - Child Care Provision (includes DOJ & CACI fee)2$80 Clearance Letter $20
Taxicab Owner or Driver Permit Application Review $0
Taxicab Driver Permit $194
Taxicab Vehicle Permit $56
Taxicab Driver Transfer $58
Massage Establishment - CAMTC Certified Owner(s) $128
Massage Establishment - Non-CAMTC Certified Owner(s) $222 Amended Massage Establishment Permit $13
Amended Massage Establishment Permit with Livescan $94
Local Background Checks $10
Security Alarm Permit $25
Police False Alarm Response - First false alarm $0
Police False Alarm Response - Second false alarm $30
Police False Alarm Response - Third false alarm $50
Police False Alarm Response - Fourth false alarm $75
Police False Alarm Response - Fifth false alarm $100
Police False Alarm Response - Sixth false alarm and thereafter $500 Police Party Disturbance Response - First response $0
Police Party Disturbance Response - Second response $80 Commercial Filming (daily)5$350 to $1,500
Vehicle Release $172
Concealed Weapons Permit $100
Alcoholic Beverages on the Beach Permit (for 10 or fewer people) $10 Officer Public Service Rate (hourly)4$121.41
CSO Public Service Rate (hourly)4$86.21
DUI Incident Reimbursement3Not to exceed $12,000
Dog License - 1-12 months - unaltered dog $24
Dog License - 1-12 months - altered dog $9
Dog License - each additional month - unaltered dog $2
Dog License - each additional month - altered dog $1
Dog License - delinquent penalty $15
Dog License - replacement tag $2
Pedicab Owner Permit1$204.00
Pedicab Driver Permit1$204.00

4. Based on FY18 costs.

5. Commercial Filming is based on # of days requested, amount of staff time involved in getting the permit in order, & client mtgs.

PUBLIC SAFETY - POLICE

1. Adjusts annually July 1 per CPI SF April edition, rounded to nearest $0.50.

2. Total fee comprised of service fee set by resolution ($33) and fees set by State DOJ and FBI.

3. Including but not limited to personnel, apparatus, vehicles, reports, booking.

Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 32, Packet Page 61 FY23 Mar-Oct Transient1 $0.83 Nov-Feb Transient1
$0.76
TIER BERTH SIZE LENGTH FY23 MONTHLY1
FY23 ANNUAL1 MONTHLY 1.5x 1 Monthly Transient1
$/ft length
Daily
Transient 1 Monthly Transient1
$/ft length
Daily
Transient1
A 4, 6-8, 10, 12 50X19.5 50 560.50 6,053.50 841.00 1,162.00 41.50 1,064.00 38.00 A 9, 11 45X19.5 45 517.00 5,583.50 775.50 1,050.00 37.50 952.00 34.00 A 13-18* 45X15.5 45 489.50 5,286.50 734.50 1,050.00 37.50 952.00 34.00 A 19-34 45X14.5 45 489.50 5,286.50 734.50 1,050.00 37.50 952.00 34.00 A 35-58 40X14.5 40 452.00 4,881.50 678.00 924.00 33.00 854.00 30.50 A 59-80* 35X13.5 35 416.50 4,498.00 625.00 812.00 29.00 742.00 26.50 A 81-82 35X14.5 35 416.50 4,498.00 625.00 812.00 29.00 742.00 26.50 B 1-36* 30X11.5 30 357.50 3,861.00 536.50 700.00 25.00 630.00 22.50 B 37-57 (odd) 35-12.5 35 390.50 4,217.50 586.00 812.00 29.00 742.00 26.50 B 38-58 (even) 30x12.5 30 371.50 4,012.00 557.50 700.00 25.00 630.00 22.50 B 59 35X13 35 416.50 4,498.00 625.00 812.00 29.00 742.00 26.50 B 60 30x13 30 371.50 4,012.00 557.50 700.00 25.00 630.00 22.50 C 1-4 25x11.9 25 303.50 3,278.00 455.50 588.00 21.00 532.00 19.00 C 5-40 25x10 25 295.50 3,191.50 443.50 588.00 21.00 532.00 19.00 D 1-36* 30X11.5 30 357.50 3,861.00 536.50 700.00 25.00 630.00 22.50 D 37-58 30X12.5 30 371.50 4,012.00 557.50 700.00 25.00 630.00 22.50 D 59-60 30X13 30 371.50 4,012.00 557.50 700.00 25.00 630.00 22.50 E 1-36 25x11.9 25 303.50 3,278.00 455.50 588.00 21.00 532.00 19.00 E 37-40 25X10.6 25 295.50 3,191.50 443.50 588.00 21.00 532.00 19.00 F 1-44 20X9.9 20 197.50 2,133.00 296.50 462.00 16.50 420.00 15.00 G 1* 26X11.5 26 323.50 3,494.00 485.50 602.00 21.50 546.00 19.50 G 2-18* 35X12.5 35 390.50 4,217.50 586.00 812.00 29.00 742.00 26.50 G 19-27 35X13 35 416.50 4,498.00 625.00 812.00 29.00 742.00 26.50 G 28 35X14.5 35 416.50 4,498.00 625.00 812.00 29.00 742.00 26.50 G 29 40 40 452.00 4,881.50 678.00 924.00 33.00 854.00 30.50 H 1-2 & 5 50X24 50 604.00 6,523.00 906.00 1,162.00 41.50 1,064.00 38.00 H 3-4 50X19.5 50 560.50 6,053.50 841.00 1,162.00 41.50 1,064.00 38.00 H 6-14* 50X17.5 50 541.50 5,848.00 812.50 1,162.00 41.50 1,064.00 38.00 H 15-24 50X15.5 50 517.00 5,583.50 775.50 1,162.00 41.50 1,064.00 38.00 H 25-34 25X10.6 25 295.50 3,191.50 443.50 588.00 21.00 532.00 19.00 I 1-10 20X9.9 20 197.50 2,133.00 296.50 462.00 16.50 420.00 15.00 I 11-14 Side-tie 20 175.50 1,895.50 263.50 462.00 16.50 420.00 15.00

7.73 Transformer berths (6 feet shorter and charged at a lesser rate) A 17 39X15.5 39 424.50 4,584.50 637.00 910.00 32.50 826.00 29.50 A 61 28X13 28 338.00 3,650.50 507.00 658.00 23.50 588.00 21.00 B 1 & 31 24X11.5 24 283.50 3,062.00 425.50 560.00 20.00 504.00 18.00 D 1 & 31 24X11.5 24 283.50 3,062.00 425.50 560.00 20.00 504.00 18.00 G 15 28X12.5 28 311.50 3,364.00 467.50 658.00 23.50 588.00 21.00 H 13 44X17.5 44 485.50 5,243.50 728.50 1,022.00 36.50 938.00 33.50 1 Licensee fee amounts include CPI adjustments per year end Feb SF.

Non-standard berth -
fishing vessel rate $/ft: 1
Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 33, Packet Page 62 DESCRIPTION FY22 FEE

MONTEREY OUTER HARBOR MOORING RATES
Monterey Resident Rate1
Quarterly $236.00
Annual (with 10% discount) $849.50
Liveaboard quarterly $85.00
Liveaboard annually (with 10% discount) $306.00
Non-Resident Rate1
Quarterly $298.00
Annual (with 10% discount) $1,073.00
OHM Assignment Fee per month1
$74.50
Other Services1
Qrt Wharf 1 Dinghy fee $80.50
Qrt Marina Dinghy fee $134.50
Qrt Marina Boat Rack (kayaks) $53.50
Qrt Marina Boat Rack (skiff) Dinghy fee $80.50
City Mooring Rate1
Monthly $137.00
Quarterly $411.00
Quarterly, FY23 FEE AMENDMENT: REMOVE
Yearly (with 10% discount) $1,479.50
Yearly (with 10% discount), FY23 FEE AMENDMENT: REMOVE
East Mooring Rates
Vessel Size1
Under 30 ft1
$127.30
30' to 40' 1
$168.90
41' to 54' 1
$211.60
FY23 FEE DESCRIPTION AMENDMENT: 41' to 45' 1
$211.60
55' and larger 1
$252.90
55' and larger 1, FY23 FEE AMENDMENT: REMOVE
East Mooring Rates from Nov through March = 1.5 times regular berth rate Transient Mooring - East Mooring Balls $15/day
Comprehensive Fee Schedule

PUBLIC WORKS - HARBOR & MARINA
(2 pages)
Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 34, Packet Page 63 DESCRIPTION FY22 FEE
Comprehensive Fee Schedule

PUBLIC WORKS - HARBOR & MARINA
(2 pages)
OTHER
Marina Impound Fee 1.5 x Transient berth rate
Crane $200/hour or portion thereof
Crane, FY23 FEE AMENDMENT: REMOVE
Boat Towing $100/hour or portion thereof
Boat Towing, FY23 FEE AMENDMENT: Disabled Vessel Towing, PER HOUR or portion thereof 1
$215.00
Water Removal (charged only if owner is notified and fails to respond) $45/hour or portion thereof Water Removal, FY23 FEE AMENDMENT: Water Removal (charged only if owner is notified and fails to respond), PER HOUR or portion thereof 1 $61.50
Mooring Repair Rate $100/hour or portion thereof
Mooring Repair Rate, FY23 FEE AMENDMENT: Mooring Repair Rate, PER HOUR or portion thereof 1
$241.00
Deposits - Refundable
Electrical Pigtails
20/30 amp $100
50 amp $200
Marina Shower Key $20
Marina Shower Key, FY23 FEE AMENDMENT: Marina Shower, Restroom, Gate, Hoist Keys $20
Marina Gate Key/Hoist Key $10
Marina Gate Key/Hoist Key, FY23 FEE AMENDMENT: REMOVE
Annual Parking Permit - Marina Berth License Holder $120/calendar year Annual Parking Permit - Marina Berth License Holder, FY23 FEE AMENDMENT: Annual Parking Permit - Marina Berth License Holder, PER CALENDAR YEAR 1 $120
Bike Locker Rental $10/month
Bike Locker Rental, FY23 FEE AMENDMENT: Bike Locker Rental, PER MONTH 1 $10
Public Hoist on Wharf II $1.50 for 15 minutes
Public Hoist on Wharf II, FY23 FEE AMENDMENT: Public Hoist on Wharf II, PER 15 MINUTES 1

5.50 Mooring Inspection Fee $100/hour
Mooring Inspection Fee, FY23 FEE AMENDMENT: Mooring Inspection Fee (Forced) 1 120.50
Yellow Boat Dock (Dive Boat Loading and Sailing Charters) $150/month Yellow Boat Dock, FY23 FEE AMENDMENT: Yellow Boat Dock, PER MONTH (Dive Boat Loading and Sailing Charters) 1
$150
Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 35, Packet Page 64 DESCRIPTION FY22 FEE
Comprehensive Fee Schedule

PUBLIC WORKS - HARBOR & MARINA
(2 pages)
Berth Assignment Rate 1.5x Regular berth rate
Waiting List - Initial Fee $20
Waiting List - Initial Fee, FY23 FEE AMENDMENT: $25.50
Waiting List - Annual Fee $10
K Tier Side-tie Transient (no utilities, rafting required) 28' & Under (Summer) $9/day or $250/month
28' & Under (Summer), FY23 FEE AMENDMENT: 28' & Under (Summer), PER DAY $12.50 29' & Up (Summer) $12/day or $335/month
29' & Up (Summer), FY23 FEE AMENDMENT: 29' & Up (Summer), PER DAY $18.75 K Tier Side-tie Transient (no utilities, rafting required) 28' & Under (Winter)2
$8/day or $225/month
28' & Under (Winter), FY23 FEE AMENDMENT: 28' & Under (Winter), PER DAY 2 $11.25
29' & Up (Winter)2
$11/day or $310/month
29' & Up (Winter), FY23 FEE AMENDMENT: 29' & Up (Winter), PER DAY 2 $17.00
Wharf I & II Transient Vessel
Wharf I & II Transient Vessel, FY23 FEE AMENDMENT: Wharf I & II Transient Vessel 1 51' - 70' $30/day
51' - 70', FY23 FEE AMENDMENT: 51' - 70', PER DAY $30.00 71' - 90' $35/day
71' - 90', FY23 FEE AMENDMENT: 71' - 90', PER DAY 35.00 91' & over $40/day
91' & over, FY23 FEE AMENDMENT: 91' & over, PER DAY 40.00 Cruise Ship Passenger Landing Fee $7/passenger
Cruise Ship Passenger Landing Fee, FY23 FEE AMENDMENT: Cruise Ship Passenger Landing Fee, PER PASSENGER 1
$7.50
Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 36, Packet Page 65 DESCRIPTION FY22 FEE
Comprehensive Fee Schedule

PUBLIC WORKS - HARBOR & MARINA
(2 pages)
Wharfage1
Wharfage1 , FY23 FEE AMENDMENT: Wharfage
High Volume Seafood (Trawl-caught ground fish, squid, mackerels, sardines) $/TON $7.14 High Volume Seafood (Trawl-caught ground fish, squid, mackerels, sardines) $/TON, FY23 FEE AMENDMENT: High Volume Seafood (Trawl-caught ground fish, squid, mackerels, sardines) $/TON 3
$7.14
High Volume Seafood (Anchovies) $/TON $3.58
High Volume Seafood (Anchovies) $/TON, FY23 FEE AMENDMENT: High Volume Seafood (Anchovies) $/TON 3
$3.58
All Other Seafood/Sea Products Harvested by Pot, Trap, Hooks, or By Hand (includes crustaceans and invertebrates) $/POUND $0.024
All Other Seafood/Sea Products Harvested by Pot, Trap, Hooks, or By Hand (includes crustaceans and invertebrates) $/POUND, FY23 FEE AMENDMENT: All Other Seafood/Sea Products Harvested by Pot, Trap, Hooks, or By Hand (includes crustaceans and invertebrates) $/POUND 4 $0.024
Aguaculture Abalone (Less than 4" in length) $/EACH $0.060 Aguaculture Abalone (Less than 4" in length) $/EACH, FY23 FEE AMENDMENT:

Aguaculture Abalone (Less than 4" in length) $/EACH 4 $0.060 Aguaculture Abalone (4" or larger in length) $/EACH $0.119 Aguaculture Abalone (4" or larger in length) $/EACH, FY23 FEE AMENDMENT:

Aguaculture Abalone (4" or larger in length) $/EACH 4
$0.119
1 Fees include CPI adjustment per year end Feb SF.
1 Fees include CPI adjustment per year end Feb SF, FY23 FOOTNOTE AMENDEMENT: 1 Fees include CPI adjustment per year end Feb SF, rounded down to the nearest dollar.
2 There is a single fee for K-Tier Side-tie Transient; a reduced fee is charged during Winter months. (NO CHANGE) (FY23 NEW FOOTNOTE) 3 Fees include CPI adjustment per year end Feb SF, no rounding. (FY23 NEW FOOTNOTE) 4 Fees include CPI adjustment per year end Feb SF, rounded to the nearest mill.

Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 37, Packet Page 66 DESCRIPTION UNITS FY22 FEE
Category
Residential Sewer Charge1$10.77
Multi-Residential/Condo Sewer Charge1$7.88
Sewer Connection Fee2Dwelling Unit $3,090
Non-residential Sewer Charges1
(per one unit of sewer charge)
Business/Government (1-10 employees) Location/Each Business $8.29 Business/Government (11-20 employees) Location/Each Business $16.59 Business/Government (21-30 employees) Location/Each Business $24.99 Business/Government (31-40 employees) Location/Each Business $33.28 Business/Government (41-50 employees) Location/Each Business $41.57 Business/Government (51-60 employees) Location/Each Business $49.87 Business/Government (61-70 employees) Location/Each Business $58.27 Business/Government (71-80 employees) Location/Each Business $66.56 Business/Government (81-90 employees) Location/Each Business $74.85 Business/Government (91-100 employees) Location/Each Business $83.14 Business/Government (101-110 employees) Location/Each Business $91.55 Business/Government (111-120 employees) Location/Each Business $99.84 Business/Government (141-150 employees) Location/Each Business $124.82 Business/Government (171-180 employees) Location/Each Business $149.70 Business/Government (181-190 employees) Location/Each Business $158.10 Business/Government (210-220 employees) Location/Each Business $182.98 Business/Government (271-280 employees) Location/Each Business $232.52 Business/Government (721-730 employees) Location/Each Business $607.32 Hotel/Motel Each Room $4.63
Supermarket Each Location $45.45
Medical Office Each Licensed Physician $11.09
Dental Office Each Licensed Dentist $15.29
Rest Home/Convalescent Each Bed of Licensed Capacity $3.12 Animal Hospital Location/Each Licensed Business $20.79
Restaurant - 1 Meal/day Each Restaurant Seat $0.43
Restaurant - 2 Meals/day Each Restaurant Seat $0.65
Restaurant - 3 Meals/day Each Restaurant Seat $1.18
Restaurant with Bar Each Restaurant Seat $1.18
Bar Location/Each Business $18.09
Night Club Location/Each Business $54.17
Take-Out Small Location/Each Business $20.14
Take-Out Medium Location/Each Business $49.65
Take-Out Large Location/Each Business $90.47
Bakery Location/Each Business $16.37
Theatre Per screen @ each Location $26.82

PUBLIC WORKS - SEWER
(2 pages)
Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 38, Packet Page 67 DESCRIPTION UNITS FY22 FEE

PUBLIC WORKS - SEWER
(2 pages)
Non-residential Sewer Charges1
(per one unit of sewer charge) cont'd
Gym - 500 Members Location/Each Business $8.29
Mortuary Location/Each Business $22.08
School - Minimum Location/Each Business $8.29
School - Pre-Grade 6 School Population $0.11
School - Grade 7 - College School Population $0.22
School - Boarding School Population $2.26
Instructional Facility School Population $8.29
Church - 1-100 Members Location/Each Business $8.29
Church - Over 100 Members Location/Each Business $16.59 Photo Developer Location/Each Business $8.29
Laboratory - 10 Employees Location/Each Business $8.29
Laboratory - 20 Employees Location/Each Business $16.59 Printer - 10 Employees Location/Each Business $8.29
Printer - 20 Employees Location/Each Business $16.59
Garage/Repair Location/Each Business $7.97
Paint Shop - 10 Employees Location/Each Business $8.29
Paint Shop - 20 Employees Location/Each Business $16.59 Dry Cleaner Location/Each Business $27.57
Laundromat Each Washing Machine $7.22
1 Fees set with annual increases July 1 of each year through 2015/16. 2 Annual increases effective July 1 each year, per Construction Cost Index (MRWPCA ordinance for Dec).

Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 39, Packet Page 68 ATTACHMENT 2
FY22 FEE DESCRIPTION PROPOSED
FY23 NAME CHANGE FY22 FEE

PROPOSED
FY23 FEE CHANGE,
(any CPI applies July 1, 2023)
CITY CLERK OFFICE
N/A ‐ New Fee
Deposit for Filing a Notice of Intent to Circulate Initiative Petition N/A ‐ New Fee $200
HARBOR
City Mooring Rate1
Quarterly REMOVE $411.00 REMOVE
Yearly (with 10% discount) REMOVE $1,479.50 REMOVE
East Mooring Rates
Vessel Size
41' to 54' 1 41' to 45' 1 $211.60 No Change
55' and larger 1 REMOVE $252.90 REMOVE
Other
Crane REMOVE $200/hour or portion thereof REMOVE
Boat Towing Disabled Vessel Towing, PER HOUR or portion thereof 1 $100/hour or portion thereof $215 (add CPI) Water Removal (charged only if owner is notified and fails to respond)
Water Removal (charged only if owner is notified and
fails to respond), PER HOUR or portion thereof 1 $45/hour or portion thereof $61.50 (add CPI) Mooring Repair Rate Mooring Repair Rate, PER HOUR or portion thereof 1 $100/hour  or portion thereof 241 (add CPI) Marina Shower Key Marina Shower, Restroom, Gate, Hoist Keys $20 (all keys same fee) Marina Gate Key/Hoist Key REMOVE $10 REMOVE
Annual Parking Permit ‐ Marina Berth License Holder
Annual Parking Permit ‐ Marina Berth License Holder,
PER CALENDAR YEAR 1 $120/calendar year (add CPI)
Bike Locker Rental Bike Locker Rental, PER MONTH 1 $10/month (add CPI) Public Hoist on Wharf II
Public Hoist on Wharf II,
PER 15 MINUTES 1 $1.50 for 15 minutes $5.50 (add CPI)
Mooring Inspection Fee Mooring Inspection Fee (Forced) 1 $100/hour $120.50 (add CPI) Yellow Boat Dock (Dive Boat Loading and Sailing Charters) Yellow Boat Dock, PER MONTH (Dive Boat Loading and
Sailing Charters) 1 $150/month (add CPI)
Waiting List ‐ Initial Fee No Change $20 $25.50
K Tier Side‐tie Transient (no utilities, rafting required) 28' & Under (Summer)   28' & Under (Summer), PER DAY $9/day or $250/month $12.50 29' & Up (Summer)   29' & Up (Summer,) PER DAY $12/day or $335/month $18.75 28' & Under (Winter)2   28' & Under (Winter)2
, PER DAY $8/day or $225/month $11.25
29' & Up (Winter)2   29' & Up (Winter)2
, PER DAY $11/day or $310/month $17.00
Wharf I & II Transient Vessel Wharf I & II Transient Vessel 1 51' ‐ 70'   51' ‐ 70' , PER DAY $30/day (add CPI)
71' ‐ 90'   71' ‐ 90' , PER DAY $35/day (add CPI)
91' & over   91' & over, PER DAY $40/day (add CPI)
Cruise Ship Passenger Landing Fee Cruise Ship Passenger Landing Fee, PER PASSENGER 1 $7/passenger $7.50 (add CPI) Wharfage1 Wharfage
High Volume Seafood (Trawl‐caught ground fish, squid,
mackerels, sardines) $/TON
High Volume Seafood (Trawl‐caught ground fish, squid,
mackerels, sardines) $/TON 3 $7.14 (clarified footnote) High Volume Seafood (Anchovies) $/TON   High Volume Seafood (Anchovies) $/TON 3 $3.58 (clarified footnote) All Other Seafood/Sea Products Harvested by Pot, Trap,
Hooks, or By Hand (includes crustaceans and invertebrates) $/POUND
All Other Seafood/Sea Products Harvested by Pot, Trap,
Hooks, or By Hand (includes crustaceans and
invertebrates) $/POUND 4 $0.024 (clarified footnote)
Aguaculture Abalone (Less than 4" in length) $/EACH   Aguaculture Abalone (Less than 4" in length) $/EACH 4 $0.060 (clarified footnote) Aguaculture Abalone (4" or larger in length) $/EACH   Aguaculture Abalone (4" or larger in length) $/EACH 4 $0.119 (clarified footnote) Harbor footnotes:
1 Fees include CPI adjustment per year end Feb SF. 1 Fees include CPI adjustment per year end Feb SF, rounded down to the nearest dollar. 2 There is a single fee for K‐Tier Side‐tie Transient; a reduced fee is charged during WNo Change 3 Fees include CPI adjustment per year end Feb SF, no rounding. 4 Fees include CPI adjustment per year end Feb SF, rounded to the nearest mill.

Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 40, Packet Page 69 ATTACHMENT 2
FY22 FEE DESCRIPTION PROPOSED
FY23 NAME CHANGE FY22 FEE

PROPOSED
FY23 FEE CHANGE,
(any CPI applies July 1, 2023)

LIBRARY/MUSEUM
Overdue Fines ‐ Laptop Computers No Change $5/hour $5/hour to a max of $50 Lost/Damaged Materials ‐ Paperbacks REMOVE Youth $6 REMOVE Library Cards ‐ Out of State Resident No Change $5 for one month $10/month Pacific Biological Laboratories (public use) No Change
$18/hour/staff person M‐F 8am
to 5pm, $25/hour/staff person
at other times,
including time for travel, set up
& close‐up
$35/hour/staff person M‐F 8am to
5pm, $60/hour/staff person at
other times,
including time for travel, set up &
close‐up

PARKING
N/A ‐ New Fee Electric Vehicle Charging Rates N/A ‐ New Fee N/A ‐ New Fee Electric Vehicle (EV) Charging, PER KWH N/A ‐ New Fee $0.36 N/A ‐ New Fee Idle Fee After Designated Grace Period, PER MINUTE N/A ‐ New Fee $0.50

CEMETERY
Ground Burial for Urns
N/A ‐ New Fee Quarter Burial Site (1‐2 urns only) N/A ‐ New Fee $1686.00; $1075.25 Resident Cremains Added Plot (2nd, 3rd right etc. of Inurnment) No Change $1,333.50 $616.50 N/A ‐ New Category Ossuary‐ Scattering Garden (shared burial site) N/A ‐ New Fee
Remains added to shared burial site‐ remains not
retrievable N/A ‐ New Fee $300.00; $255.00 Resident
N/A ‐ New Fee Fetal remains N/A ‐ New Fee $50.00; $42.50 Resident Indenture/Administrative Fee
N/A ‐ New Fee Ossuary Administrative Fee N/A ‐ New Fee $30.00 Endowment Care
N/A ‐ New Fee Quarter Burial Site (1‐2 urns only) N/A ‐ New Fee $620.00 N/A ‐ New Fee Ossuary (Scattering Garden) N/A ‐ New Fee $75.00 Memorial Marker Placement ‐ Cement Border
12x36x3 inch REMOVE $480.00 REMOVE
Memorial Marker Placement – No Cement Border
12x36x3 inch REMOVE $268.00 REMOVE
Council Regular Meeting, 6/21/2022, Item No. 6., Item Page 41, Packet Page 70 Council
Agenda Report
FROM: Rafaela T. King, CPA, MBA, Finance Director
Prepared By: Stella Sandoval, Senior Accountant
SUBJECT: Adopt Resolution Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) RECOMMENDATION:

It is recommended that the City Council adopt the attached resolution certifying compliance with State Law with respect to levying assessments and special taxes.

VALUE DRIVERS:

POLICY IMPLICATIONS:

The passage of this resolution will ensure the continued collection of assessments and special taxes by the County Tax Collector.

FISCAL IMPLICATIONS:

Passage of the resolution will have a positive fiscal effect on the City as the County will continue to collect assessments and special taxes on our behalf. This resolution has no effect on the amount of the assessments and special taxes.

ENVIRONMENTAL DETERMINATION:

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

Date: 6/21/2022
Item No.: 7.

Council Regular Meeting, 6/21/2022, Item No. 7., Item Page 1, Packet Page 71 ALTERNATIVES CONSIDERED:

Non-passage of the resolution would mean that the County would discontinue collection of assessments and special taxes for the City of Monterey. If this were to occur, the city would be in a position of (1) collecting our own assessments and special taxes from individual property owners, (2) paying our outstanding assessment obligations with General Fund monies or (3) defaulting on the outstanding obligations.

DISCUSSION:

In 1997 the County of Monterey informed each agency using their tax rolls for collection of taxes, assessments, fees and charges (other than the 1% ad valorem tax) that they will require, for the 1997-98 fiscal year and each year thereafter, a certification resolution to ensure that Proposition 218’s provisions are being addressed by the agency. The City Attorney and the Finance Director have reviewed the City’s assessments and special taxes that are collected by the County on the annual tax bills and have concluded that we are in compliance on all issues.

The recurring assessments and special taxes are as follows:
1) Emergency Medical Services – this is a special tax approved by the voters in March 2000. The tax is currently set at $5.00 per benefit unit, and the proceeds are used to fund paramedic emergency medical service to the citizens of Monterey. 2) Alvarado Street Maintenance District – this is an annual assessment collected from property owners with property fronting Alvarado Street. The funds are used to repair and maintain improvements.
3) Calle Principal Maintenance District – this is an annual assessment collected from property owners with property fronting Calle Principal. The funds are used to repair and maintain improvements.

The resolution certifies compliance with the Proposition and includes a hold harmless and indemnification provision for administrative expenses of the County.

The resolution and the assessment information are due, and will be delivered, to Monterey County Auditor’s office no later than August 1, 2022.

NR/ss
Attachments: 1. Resolution

2. Exhibit A
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, 6/21/2022, Item No. 7., Item Page 2, Packet Page 72 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY

CERTIFYING COMPLIANCE WITH STATE LAW WITH RESPECT TO THE LEVYING OF

GENERAL AND SPECIAL TAXES, ASSESSMENTS, AND PROPERTY-RELATED FEES

AND CHARGES
WHEREAS, the City of Monterey requests that the Monterey County Auditor-Controller enter those general or special taxes, assessments, or property-related fees or charges identified in Exhibit “A” on the tax roll for collection and distribution by the Monterey County Treasurer-Tax Collector commencing with the property tax bills for fiscal year 2022-23; and WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

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

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

1. The City of Monterey hereby certifies that it has, without limitation, complied with all legal procedures and requirements necessary for the levying and imposition of the general or special taxes, assessments, or property-related fees or charges identified in Exhibit “A”, regardless of whether those procedures and requirements are set forth in the Constitution of the State of California, in State statues, or in the applicable decisional law of the State of California.

2. The City of Monterey further certifies that, except for the sole negligence or misconduct of the County of Monterey, its officers, employees, and agents, with regard to the handling of the compact disc or electronic file identified as Exhibit “A”, the City of Monterey shall be solely liable and responsible for defending, at its sole expense, cost, and risk, each and every action, suit, or other proceeding brought against the County of Monterey, its officers, employees, and agents for every claim, demand, or challenge to the levying or imposition of the general or special taxes, Council Regular Meeting, 6/21/2022, Item No. 7., Item Page 3, Packet Page 73 2 assessments, or property-related fees or charges identified in Exhibit “A” and that it shall pay or satisfy any judgment rendered against the County of Monterey, its officers, employees, and agents on every such action, suit, or other proceeding, including all claims for refunds and interest thereon, legal fees and court costs, and administrative expenses of the County of Monterey to correct the tax rolls.

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, 6/21/2022, Item No. 7., Item Page 4, Packet Page 74 EXHIBIT "A"
TO

RESOLUTION CERTIFYING COMPLIANCE WITH STATE LAW WITH RESPECT TO THE LEVYING OF GENERAL AND SPECIAL TAXES, ASSESSMENTS, AND PROPERTYRELATED FEES AND CHARGES FISCAL YEAR 2022-23
GENERAL TAXES:

None
SPECIAL TAXES:

Emergency Medical Services
ASSESSMENTS:
(#528) Alvarado Street Maintenance District 85-1
(#533) Calle Principal Maintenance District 00-01

PROPERTY-RELATED FEES AND CHARGES:

None
Council Regular Meeting, 6/21/2022, Item No. 7., Item Page 5, Packet Page 75 Council
Agenda Report
№08/22
FROM: Steve Wittry, PE, Public Works Director
Prepared By: Marissa Garcia, Engineering Assistant
SUBJECT: Award a Contract in the Amount of $105,654.40 to Ampersand Contract Signing Group for the Wayfinding Sign Fabrication, Phase 2 Project ***CIP*** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Approving the Specifications for the Wayfinding Sign Fabrication, Phase 2 project (“Project”) and granting the City Engineer, or designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Accepting all responsive, responsible bids;

3. Awarding a contract to the lowest responsive, responsible bidder, Ampersand Contract Signing Group, in the amount of $105,654.40 for the Grand Total Bid;

4. Authorizing the City Manager, or his designee, to execute the contract upon the receipt of information required by the Project Specifications; and,

5. Authorizing staff to expend up to an additional 15% for unforeseen contingencies for timely completion of the Project.

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:

This Project is consistent with the City Council’s Value Drivers and Strategic Priorities of Quality of Life – “Respond effectively to neighborhood concerns”, Protecting our Environment – “Continue efforts to reduce greenhouse gas emissions”, and Active Mobility – “Continue to enhance mobility for people of all ages and abilities.” This action is also consistent with the General Plan’s Circulation Element Policy a.1 and implements the Downtown and North Fremont Specific Plan goals to improve wayfinding, transportation and parking systems by managing them more effectively before investing in costly roadway and parking expansion projects.

Date: 6/21/2022
Item No.: 8.

Council Regular Meeting, 6/21/2022, Item No. 8., Item Page 1, Packet Page 76 FISCAL IMPLICATIONS:

One (1) bid was received and opened by the Finance Director’s designee on June 2, 2022 as follows:

Bidder Base Bid Alt. No. 1 Alt. No. 2 Alt. No. 3 Alt. No. 4 Grand Total Ampersand Contract
Signing Group
$60,816.60 $3,681.60 $7,363.20 $3,444.00 $30,349.00 $105,654.40 Engineer’s Estimate $170,591.00 $4,808.00 $10,336.00 $8,414.00 $21,619.00 $215,768.00 Basis of award for this project is based on the Grand Total Bid.

Total Project Estimate:

Grand Total Bid $ 105,654.40
Project Contingency, 15% $ 15,849.00
Total Project Estimate (This Authorization) $ 121,503.40 Funding Sources:

Operational Improvements to Transportation Systems (CIP2012) $414,628.32 (Measure X)
As of June 2, 2022, sufficient funding is available to complete the project.

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:

Council could choose not to award the contract for the Project; however, this is not recommended as the Project implements the second phase of the Wayfinding Sign Project that directs visitors and pedestrians to destinations citywide, and the Wayfinding Sign Project would remain partially completed.

Council Regular Meeting, 6/21/2022, Item No. 8., Item Page 2, Packet Page 77 DISCUSSION:

This project would complete the second phase of the Citywide Wayfinding Sign Project. Logical wayfinding means an individual is capable of easily and successfully finding their way to their destination. An effective wayfinding program provides individuals the ability to understand where they are with respect to other key locations and to orient themselves in an appropriate direction with little effort or stress. In addition, an effective wayfinding program presents opportunities to discover new places and services.

The City adopted the Downtown and North Fremont Specific Plans and the 2012 Multi Modal Mobility Plan that require a new wayfinding system to guide visitors and residents in all modes of travel and at the correct scale. The development of a Wayfinding Sign Program created a new design theme for the City. The new theme includes easily readable fonts, white text over blue background, and a blue color palette that includes wave elements. This new design theme is being used in other City-wide graphics and promotional materials such as the website and official City presentations.

On June 26, 2019, City Council awarded a construction contract for the first phase of the Wayfinding Sign Project, which included all parking-related signs for vehicular and pedestrian wayfinding. The first phase was completed in late summer 2020. At the time, there was no funding available to complete Phase 2.

The second phase of the project includes the remaining vehicular wayfinding and pedestrian wayfinding signs. Staff re-evaluated the bid/construction process utilized for Phase 1 and revised the delivery method for Phase 2. Rather than trying to accomplish fabrication and installation under one contract as was specified in Phase 1, Phase 2 separates the fabrication of the signs and the installation of the signs/poles into two different contracts. This phase is funded through Measure X.

The project was extensively advertised, and on May 10, 2022 the City received one (1) bid.

This initial bid was deemed unresponsive due to the failure to submit a notarized original copy of the bid bond in sufficient time. Thus the bid was rejected and the project was advertised and rebid.

On June 2, 2022 the City received one (1) bid from Ampersand Contract Signing Group in Los Angeles, CA. Ampersand Contract Signing Group submitted the lowest, responsive, responsible Grand Total bid in the amount of $105,654.40 which is below the Engineer’s estimate of $215,768. The Engineer’s estimate was based on the prior Phase 1 bid, utilizing the highest pricing for the sign fabrication to allow a conservative estimate due to material price fluctuations in the current market.

References for the lowest responsive, responsible bidder, Ampersand Contract Signing Group, have been checked and staff is confident in the contractor’s ability to perform this type of work successfully.

Therefore, staff recommends that the City Council adopt the attached resolution:

2. Accepting all responsive, responsible bids;

3. Awarding a contract to the lowest responsive, responsible bidder, Ampersand Contract Signing Group, in the amount of $105,654.40 for the Grand Total Bid;

4. Authorizing the City Manager, or his designee, to execute the contract upon the receipt of information required by the Project Specifications; and,

5. Authorizing staff to expend up to an additional 15% for unforeseen contingencies for timely completion of the Project.

SW/mg
Attachments: 1. Resolution
e: Raffi Varozian, Ampersand Contract Signing Group
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, 6/21/2022, Item No. 8., Item Page 4, Packet Page 79 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
AWARD A CONTRACT IN THE AMOUNT OF $105,654.40 TO AMPERSAND CONTRACT SIGNING GROUP FOR THE WAYFINDING SIGN FABRICATION, PHASE 2 PROJECT ***CIP***
WHEREAS, on the 2nd day of June 2022, at 2:00 pm in the City of Monterey Council Chambers, the City Finance Director’s designee received one (1) bid for the Wayfinding Sign Fabrication Project, Phase 2 (“Project”);
WHEREAS, Ampersand Contract Signing Group from Los Angeles, CA submitted the lowest, responsive, responsible grand total bid in the amount of $105,654.40; WHEREAS, sufficient funding is available for this project in the Operational Improvements to Transportation Systems project account (CIP2012); and, WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

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

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

1. Approves the Specifications for the Wayfinding Sign Fabrication, Phase 2 project (“Project”) and grants the City Engineer, or designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Accepts all responsive, responsible bids;

3. Awards a contract to the lowest responsive, responsible bidder, Ampersand Contract Signing Group, in the amount of $105,654.40 for the Grand Total Bid; Council Regular Meeting, 6/21/2022, Item No. 8., Item Page 5, Packet Page 80 2 4. Authorizes the City Manager, or his designee, to execute the contract upon the receipt of information required by the Project Specifications; and,

5. Authorizes staff to expend up to an additional 15% for unforeseen contingencies for timely completion of the Project.

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, 6/21/2022, Item No. 8., Item Page 6, Packet Page 81 Council
Agenda Report
№07/19
FROM: Inga Waite, Library & Museums Director
SUBJECT: Adopt a Resolution to Appropriate Grant and Bookmobile Reserve funds and Authorize the Purchase of One (1) 2022 Mercedes Sprinter Van Bookmobile in the Amount of $213,721 Through a Contract with Farber Specialty Vehicles (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 appropriate grant and reserve funds in order to authorize a contract to Farber Specialty Vehicles for the purchase of one (1) 2022 Mercedes FSV Sprinter Bookmobile in the amount of two hundred thirteen thousand seven hundred twenty-one dollars ($213,721) to replace the City’s aging bookmobile.

VALUE DRIVERS:

In collaboration with our community partners, work to improve the quality of life of all of our community members.

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 $213,721 is required for the purchase of one (1) Mercedes Sprinter Van Bookmobile.

Seventy-four and a half percent (74.5%) of the base cost of this project, $144,000, is supported by grant funding provided by the State of California, administered by the California State Library in the form of a “Stronger Together” grant. Grant fund expenditures are restricted to the replacement of Monterey Public Library’s bookmobile. The City has already received the first installment payment of $64,800. The second payment of $64,800 will be received after the completion of the 1st report and the balance of $14,400 will be issued after the final report is submitted to the State of California.

The balance of $69,721, which includes tax and upfitting will be covered by Monterey Public Library’s bookmobile reserve fund received from the Oler Family Trust in account 810-2661 and currently valued at $171,447. Per the terms of the bequest, the reserve fund is restricted to purchasing a new bookmobile. Any remaining funds, per the terms of the bequest, shall be allocated for bookmobile services.

Date: 6/21/2022
Item No.: 9.

Council Regular Meeting, 6/21/2022, Item No. 9., Item Page 1, Packet Page 82 Replacement of the bookmobile through grant funds and a bequest releases $178,550 which had been set aside in the City’s Vehicle Replacement Fund toward the replacement cost of a new bookmobile for other vehicle purchases.

The 2022 Mercedes Sprinter Van Bookmobile will be purchased from Farber Specialty Vehicles in Columbus, Ohio, for the amount of $213,721 (including tax and upfitting) utilizing an accepted exception to the competitive procurement options set forth in Monterey Code section 28-14(b), from the City of Lowell, MA, contract number 22-48 for the amount of $191,766, as approved by the Finance Director’s authorized representative.

ENVIRONMENTAL DETERMINATION:

ALTERNATIVES CONSIDERED:

Council could choose not to replace the aging Bookmobile vehicle at this time. This action is not recommended. The City’s 2008 Ford F550 Super Duty Dallas Smith 30-foot low-floor, extrawide Bookmobile is reaching the end of its service life. It is a highly customized vehicle and is becoming increasingly expensive to maintain ($18,000 this year for fuel and maintenance). As the vehicle ages, the length of time that it is off the road for repairs increases. This negatively impacts the Library’s ability to provide equitable service to low-income, transportationchallenged households in our community, especially to children and the elderly. In addition, the length and width of the current vehicle make it a challenge for staff to operate. It has been difficult to retain a pool of staff who are trained to drive the vehicle given 2020 staffing reductions. The City’s Fleet Coordinator recommends replacing the current vehicle with a 24’ Sprinter Van because it will be easier to drive and more economical to operate. By choosing to replace the vehicle at this time, the City can use grant and bequest funds, and release vehicle replacement funds for other City vehicle needs.

DISCUSSION:

Background: Monterey Public Library’s bookmobile service launched 65-years ago in response to the closure of the City’s only branch library. It has been an essential library service ever since. The Library’s mobile branch delivers circulating materials, knowledgeable staff, internet connectivity, and fun, educational programs to residents who face challenges traveling to us.

Service was paused in 2020 when library staff was laid off due to the devastating impact of Council Regular Meeting, 6/21/2022, Item No. 9., Item Page 2, Packet Page 83 Covid-19 on City finances. “Restoration of Bookmobile Service” was rated of “high importance” in the Library Board of Trustee’s Strategic Priorities Plan 2021-2023, and the Monterey Public Library Friends & Foundation provided funds to help restore a regular part-time Bookmobile coordinator position this fiscal year.

Community Needs: In Fiscal year 2021-22, with funding assistance from General Fund and the Friends & Foundation we hired a part-time bookmobile service coordinator and restored four out of 10 neighborhood stops. We prioritized stops where census data confirms that the need is greatest due to poverty levels, lack of access to a car, highest youth or highest senior population, and limited English language skills. Community aspiration conversations held with Spanish language speakers in 2020 revealed that the library is considered a trusted conduit for information about schools and community services.

A Sprinter Van is large enough to serve as a walk-on vehicle, and will meet the needs of other neighborhood stops including preschools and community centers when we can afford to restore visits to those locations. The shorter vehicle length will make it easier to take to outreach events as well.

While a Sprinter Van is smaller, it will have a bigger impact because of its flexibility. It can serve as a traditional walk-on mobile library, an Internet hotspot, and can transport the technology and materials needed to set up outdoor, or onsite program activities from Summer Reading signups and prize selection to STEAM Saturdays in the park. By using special Acore rolling carts as onboard shelves we can 1) easily customize our collection focus for the day – switching from youth, to all ages to seniors, 2) provide holds pickup and 3) create lobby stops at the senior residences and at preschools to reduce crowding while browsing, and eliminate the need for patrons to use stairs or a ramp. A wheelchair lift is also included.

A Sprinter Van is a more cost-effective choice because maintenance and fuel costs for operating a new, smaller vehicle will be significantly reduced. As a vehicle ages the maintenance costs increase. The maintenance and fuel budget for our 13-year-old vehicle is $18,000 this year. The Sprinter Van is also more cost-effective because we can train more staff to drive it, and deploy staff with specialized skills as needed to stops.

Summary: The Board of Library Trustees recommends that Council approve the attached resolution authorizing a contract to Farber Specialty Vehicles for the purchase of one (1) 2022 Mercedes Sprinter Van in the amount of $213,721 using a grant of $144,000 from the State of California by the State of California administered by the California State Library and $69,721 Monterey Public Library Bookmobile Reserve (Oler Family Trust).

The Board of Library Trustees recommends this action in order to replace our aging 30’ lowfloor, extra-wide bookmobile with a 24’ greener, easier to drive Mercedes Sprinter Van. The replacement of the aging vehicle will strengthen equitable, inclusive library service in our community and continue to deliver customized library service to low-income, isolated, and transportation challenged residents. All mobile branch patrons, especially children and the elderly, will continue to be empowered and enriched by access to library materials, knowledgeable staff, fun, educational programs, take-and-make projects, and our mobile Council Regular Meeting, 6/21/2022, Item No. 9., Item Page 3, Packet Page 84 Internet hotspot. Utilization of these two funding sources to replace the aging bookmobile, releases $178,550 in the City’s vehicle replacement fund that had been set aside towards bookmobile replacement to be used for other vehicle needs.

Attachment: 1. Resolution
e: Farber Specialty Vehicles, 7052 Americana Pkwy., Columbus, OH 43068 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, 6/21/2022, Item No. 9., Item Page 4, Packet Page 85 RESOLUTION NO. __- ___ C.S.

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

AUTHORIZE THE APPROPRIATION OF GRANT AND BOOKMOBILE RESERVE FUNDS TO REPLACE THE AGING BOOKMOBILE WITH THE PURCHASE OF ONE (1) 2022 MERCEDES SPRINTER VAN BOOKMOBILE IN THE AMOUNT OF $213,721 THROUGH A

CONTRACT WITH FARBER SPECIALTY VEHICLES
WHEREAS, the State of California provided a “Stronger Together” grant of $144,000 administered by the State Library to cover 74.5% of bookmobile replacement; WHEREAS, the Monterey Public Library Bookmobile Reserve Fund (Oler Family Trust) in the Library Trust Fund will cover the balance of $49,326 and the additional $20,395 in tax and upfitting costs associated with the purchase;
WHEREAS, the City desires to enter into a contract with Farber Specialty Vehicles under Lowell, MA Contract No. 22-48 for the purchase of one (1) 2022 Mercedes Sprinter Van Bookmobile. The request for a “piggyback” purchase per Monterey City Code section 28-14 (b) was approved by the Finance Department on May 31, 2022; WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

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

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby appropriates $144,000 in State of California grant funds and Council Regular Meeting, 6/21/2022, Item No. 9., Item Page 5, Packet Page 86 2 $69,721 in Bookmobile Reserve Funds, account 810-2661 and approves the purchase of one (1) 2022 Mercedes Sprinter Van Bookmobile for a total cost of $213,721.

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, 6/21/2022, Item No. 9., Item Page 6, Packet Page 87 Council
Agenda Report
№08/22
FROM: Steve Wittry, P.E., Public Works Director
Prepared By: Tom Harty, P.E., QSD, Senior Engineer, NCIP Staff Coordinator SUBJECT: Appropriate $27,000.00 from the Neighborhood and Community Improvement Program Ending Balance Account to the Aeneas Bridge Restoration Project Account (Exempt from CEQA, Article 19, Section 15331, Class 31) ***NCIP*** RECOMMENDATION:

That the City Council appropriate $27,000.00 from the Neighborhood and Community Improvement Program Ending Balance Account (31nunap) to the Aeneas Bridge Restoration project account (36n1731).

VALUE DRIVERS:

FISCAL STEWARDSHIP – Serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships.

POLICY IMPLICATIONS:

This Project is consistent with the City Council’s Vision and Strategic Priorities of “Working to improve the quality of life of our residents” by maintaining our existing infrastructure.

FISCAL IMPLICATIONS:

A supplemental appropriation of $27,000.00 from the NCIP Ending Balance (31nunap) to the Aeneas Bridge Restoration Project Account (36n1731) will allow the project to move forward:

Estimated Project Costs
Study and Report Preparation $ 37,000
Project Management $ 8,000
Total $ 45,000
Current Available Funding
Aeneas Bridge Restoration Project (36n1731) $18,756.97
Supplemental Appropriation of End. Bal. (this recommendation) $27,000.00 Total $45,756.97
Date: 6/21/2022
Item No.: 10.

Council Regular Meeting, 6/21/2022, Item No. 10., Item Page 1, Packet Page 88 As of June 6, 2022, the Ending Balance Account balance is $774,317.14. Therefore, sufficient funding is available in the Ending Balance Account. On June 21, 2021 staff anticipates that there will be a total of four (4) items that will impact the account balance. If all items are approved by Council, the total appropriation of this fund will be $205,000.

Approval of this action will provide sufficient funding 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 15331, Class 31) because the project proposes the maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of a historical resource in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Exception a – Location – does not apply to projects which are exempt under Class 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 would be no cumulative impact because the project involves the maintenance and repair of a historical resource, and no additions or expansions would take place.

Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. No unusual circumstances are anticipated due to the limited maintenance and repair scope, which would be consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

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 subject historical resource is not located near or visible from a scenic highway. Therefore, impacts to scenic highways would not occur.

Council Regular Meeting, 6/21/2022, Item No. 10., Item Page 2, Packet Page 89 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. 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 proposes the maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of a historical resource in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Therefore, impacts to historical resources would not occur.

ALTERNATIVES CONSIDERED:

City Council could decide to close the underfunded project. This is not recommended because City Council approved the project in 2016 and closing the project would now result in an incomplete project.

DISCUSSION:

The Aeneas Bridge Restoration Project was approved by Council on June 7, 2016 as part of the FY 2016/17 Neighborhood and Community Improvement Program and was funded for $25,000.

The project description is: Investigate the structural condition of the city-owned Aeneas Bridge and do needed deferred maintenance, addressing extensive rust, missing flashing, and need of fresh paint. The extent of structural improvement needed is unknown at this time.

A consultant was retained to perform the structural analysis for this project, but the project did not commence due to the inability to obtain a qualified subcontractor. A second consultant provided an estimate in March 2021 for the structural analysis and historic preservation study, but the estimate of $29,935 exceeded the remaining project budget.

In order to move this project forward, a supplemental appropriation of $27,000 is required for this project. The current balance of the NCIP Ending Balance account is $774,317.14.

Therefore, sufficient funding is available in that account.

During their June 2, 2022 meeting, the NCIP Committee voted to approve this recommendation to Council.

Therefore, it is recommended that the City Council appropriate $27,000 from the Neighborhood and Community Improvement Program Ending Balance Account to the Aeneas Bridge Restoration Project Account.

SW/th
Attachments: 1. Resolution
e: Neighborhood and Community Improvement Program Committee 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, 6/21/2022, Item No. 10., Item Page 3, Packet Page 90 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
APPROPRIATE $27,000.00 FROM THE NEIGHBORHOOD AND COMMUNITY

IMPROVEMENT PROGRAM ENDING BALANCE ACCOUNT TO THE AENEAS BRIDGE RESTORATION PROJECT ACCOUNT ***NCIP***
WHEREAS, the Aeneas Bridge Restoration Project (36n1731) was approved by Council on June 7, 2016 as part of the FY 2016/17 Neighborhood and Community Improvement Program and was funded for $25,000;
WHEREAS, in order to move this project forward, a supplemental appropriation of $27,000 is required for this project;
WHEREAS, the current balance of the NCIP Ending Balance account is $774,317.14; WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15331, Class 31) because the project proposes the maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of a historical resource in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

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

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. There would be no cumulative impact because the project involves the maintenance and repair of a historical resource, and no additions or expansions would take place.

Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. No unusual circumstances are anticipated due to the limited maintenance and repair scope, which would be consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

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 Council Regular Meeting, 6/21/2022, Item No. 10., Item Page 4, Packet Page 91 2 negative declaration or certified Environmental Impact Report (EIR). The subject historical resource is not located near or visible from a scenic highway. Therefore, impacts to scenic highways would not 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. 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 proposes the maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of a historical resource in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Therefore, impacts to historical resources would not occur.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby appropriates $27,000 from the Neighborhood and Community Improvement Program Ending Balance Account (31nunap) to the Aeneas Bridge Restoration Project Account (36n1731).

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, 6/21/2022, Item No. 10., Item Page 5, Packet Page 92 Council
Agenda Report
№08/22
FROM: Steve Wittry, P.E., Public Works Director
Prepared By: Tom Harty, P.E., QSD, Senior Engineer, NCIP Staff Coordinator SUBJECT: Appropriate $10,000 from the Neighborhood and Community Improvement Program Ending Balance Account to the Fishermen’s Flats Traffic Calming Plan Project Account (Exempt from CEQA, Article 19, Section 15306, Class 6) ***NCIP***
RECOMMENDATION:

That the City Council appropriate $10,000 from the Neighborhood and Community Improvement Program Ending Balance Account (31nunap) to the Fishermen’s Flats Traffic Calming Plan Project Account (37n1443).

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

This Project is consistent with the City Council’s Vision and Strategic Initiative of “Working to improve the quality of life of our residents” by maintaining our existing infrastructure.

FISCAL IMPLICATIONS:

A supplemental appropriation of $10,000 from the NCIP Ending Balance (31nunap) to the Fishermen’s Flats Traffic Calming Plan project account (37n1443) will allow the project to move forward:

Estimated Project Costs
Report Completion (Kimley-Horn) $ 8,000
Project Management $ 2,000
Total $ 10,000
Current Available Funding
Fishermen’s Flats Traffic Calming Plan (37n1443) $ 0
Supplemental Appropriation (this recommendation) $ 10,000 Total $ 10,000
Date: 6/21/2022
Item No.: 11.

Council Regular Meeting, 6/21/2022, Item No. 11., Item Page 1, Packet Page 93 As of June 6, 2022, the Ending Balance Account balance is $774,317.14. Therefore, sufficient funding is available in the Ending Balance Account. On June 21, 2022 staff anticipates that there will be a total of four (4) items that will impact the account balance. If all items are approved by Council, the total appropriation of this fund will be $205,000.

Approval of this action will provide sufficient funding 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 15306, Class 6) because the proposed action includes basic data collection, research, experimental management and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These efforts may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted or funded. Any subsequent discretionary projects, including specific design-level projects resulting from the recommendations of the Traffic Calming Plan, will be assessed for CEQA applicability.

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

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

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. Preparation of the study would not produce a physical change in the environment.

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. Preparation of the study would not produce a physical change in the environment.

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). Preparation of the study would not produce a physical change in the environment.

Council Regular Meeting, 6/21/2022, Item No. 11., Item Page 2, Packet Page 94 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. Preparation of the study would not produce a physical change in the environment.

ALTERNATIVES CONSIDERED:

City Council could decide to close the underfunded project. This is not recommended because City Council approved the project in 2013 and closing the project would now result in an incomplete project.

DISCUSSION:

Funding for Fishermen’s Flats Traffic Calming Plan was approved by Council on July 2, 2013 as part of the FY 2013/2014 Neighborhood and Community Improvement Program in the amount of $60,000.

The project description is: Create a traffic calming plan for Fishermen Flats. Traffic calming plan to concentrate on slowing traffic between sections of Josselyn Canyon Road from Deer Flats to Hwy 68 as well as Via Isola, which has many pedestrians walking along it to Foothill School site.

Staff completed outreach and public comment in late 2019. Unfortunately, due to Covid, the project was not brought forward to the City Council for approval until August 3, 2021. Through public testimony received at the Council meeting, a neighborhood representative was concerned over the inclusion of a single project concept. Council determined that the issue should be clarified before ratification and voted to table the item. The current project balance is $0.

In order to move this project forward, a supplemental appropriation of $10,000 is required to hold an additional public neighborhood meeting and revise the current Traffic Calming Plan as needed. The current balance of the NCIP Ending Balance account is $774,317.14. Therefore, sufficient funding is available in that account.

During their June 2, 2022 meeting, the NCIP Committee voted to recommend approval of this action to Council. Therefore, it is recommended that the City Council appropriate $10,000 from the Neighborhood and Community Improvement Program Ending Balance Account (31nunap) to the Fishermen’s Flats Traffic Calming Plan Project Account (37n1443).

SW/th
Attachments: 1. Resolution
Council Regular Meeting, 6/21/2022, Item No. 11., Item Page 3, Packet Page 95 e: Neighborhood and Community Improvement Program Committee 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, 6/21/2022, Item No. 11., Item Page 4, Packet Page 96 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
APPROPRIATE $10,000 FROM THE NEIGHBORHOOD AND COMMUNITY IMPROVEMENT PROGRAM ENDING BALANCE ACCOUNT TO THE FISHERMEN’S FLATS TRAFFIC CALMING PLAN PROJECT ACCOUNT ***NCIP***
WHEREAS, funding for the Fishermen’s Flats Traffic Calming Plan (37n1443) was approved by Council on July 2, 2013 as part of the FY 2013/2014 Neighborhood and Community Improvement Program and was funded for $60,000; WHEREAS, in order to move this project forward, a supplemental appropriation of $10,000 is required to hold an additional public neighborhood meeting and revise the current Traffic Calming Plan as needed;
WHEREAS, the current balance of the NCIP Ending Balance account is $774,317.14; WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15306, Class 6) because the proposed action includes basic data collection, research, experimental management and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These efforts may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted or funded. Any subsequent discretionary projects, including specific designlevel projects resulting from the recommendations of the Traffic Calming Plan, will be assessed for CEQA applicability.

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

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

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. Preparation of the study would not produce a physical change in the environment.

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. Preparation of the study would not produce a physical change in the environment.

Council Regular Meeting, 6/21/2022, Item No. 11., Item Page 5, Packet Page 97 2 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). Preparation of the study would not produce a physical change in the environment.

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. Preparation of the study would not produce a physical change in the environment.

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. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Preparation of the study would not produce a physical change in the environment. Therefore, impacts to historic and archaeological resources would not occur, and;

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it appropriate $10,000 from the Neighborhood and Community Improvement Program Ending Balance Account (31nunap) to the Fishermen’s Flats Traffic Calming Plan Project Account (37n1443).

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, 6/21/2022, Item No. 11., Item Page 6, Packet Page 98 Council
Agenda Report
№08/22
FROM: Steve Wittry, P.E., Public Works Director
Prepared By: Tom Harty, P.E., QSD, Senior Engineer, NCIP Staff Coordinator SUBJECT: Appropriate $118,000 from the Neighborhood and Community Improvement Program Ending Balance Account to the Pearl/Figueroa Street Intersection Project Account (Exempt from CEQA, Article 19, Section 15301, Class 1) ***NCIP***
RECOMMENDATION:

That the City Council appropriate $118,000 from the Neighborhood and Community Improvement Program Ending Balance Account (31nunap) to the Pearl/Figueroa Street Intersection Project Account (NIP2027).

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

This Project is consistent with the City Council’s Vision and Strategic Initiative of “Working to improve the quality of life of our residents” by maintaining our existing infrastructure.

FISCAL IMPLICATIONS:

A supplemental appropriation of $118,000 from the NCIP Ending Balance (31nunap) to the Pearl/Figueroa Street Intersection project account (NIP2027) will allow the project to move forward:

Estimated Project Costs
Construction $ 190,000
Construction Contingency (15%) $ 28,500
Construction Management $ 15,500
Total $ 234,000
Current Available Funding
Pearl/Figueroa Street Intersection (NIP2027) $116,146.10 Date: 6/21/2022
Item No.: 12.

Council Regular Meeting, 6/21/2022, Item No. 12., Item Page 1, Packet Page 99 Supplemental Appropriation (this recommendation) $118,000.00 Total $234,146.10
As of June 6, 2022, the Ending Balance Account balance is $774,317.14. Therefore, sufficient funding is available in the Ending Balance Account. On June 21, 2021 staff anticipates that there will be a total of four (4) items that will impact the account balance. If all items are approved by Council, the total appropriation of this fund will be $205,000.

Approval of this action will provide sufficient funding 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) because the project proposes the improvement of existing curbs at the intersection of Pearl Street and Figueroa Street, specifically the removal of the existing curbs and gutters, and asphalt concrete pavement and base; and the construction of new ADA curb ramps and bulb outs to improve street alignment and shorten pedestrian crossing distance. The project includes traffic paint to mark pedestrian crossings, and stormwater infrastructure improvements. 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, 6/21/2022, Item No. 12., Item Page 2, Packet Page 100 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. No impacts to sites included on any list compiled pursuant to Section 65962.5 of the Government Code would occur.

ALTERNATIVES CONSIDERED:

City Council could recommend that staff redesign the project to bring it within the established budget. This is not recommended as the current design has been coordinated extensively and any redesign work will increase costs and cause delays to implementation.

City Council could decide to close the underfunded project. This is not recommended because City Council approved the project in 2019 and closing the project would now result in an incomplete project.

DISCUSSION:

The Pearl/Figueroa Street Intersection Project (NIP2027) was approved by Council on October 15, 2019 as part of the FY 2019/20 Neighborhood and Community Improvement Program and was funded for $158,000.

The project description is: Reforming the curb ramps and (pedestrian) travel distances at the intersections of Figueroa and Pearl Street.

Due to the economic and supply chain impacts caused by the global COVID-19 pandemic, it has been determined that the current funding is not sufficient to complete the project. The cost to complete the project is estimated to be $76,000 higher than the funded amount of $158,000.

As a consequence of the scarcity of construction materials and the fact that contractors are in high demand, it is believed that the costs accurately reflect the current state of the economy.

In order to move this project forward, a supplemental appropriation of $118,000 is required for this project. The current balance of the NCIP Ending Balance account is $774,317.14.

Therefore, sufficient funding is available in that account.

During their June 2, 2022 meeting, the NCIP Committee voted to approve this recommendation to Council.

Therefore, it is recommended that the City Council appropriate $118,000 from the Neighborhood and Community Improvement Program Ending Balance Account to the Pearl/Figueroa Street Intersection project account.

SW/th
Council Regular Meeting, 6/21/2022, Item No. 12., Item Page 3, Packet Page 101 Attachments: 1. Resolution
e: Neighborhood and Community Improvement Program Committee 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, 6/21/2022, Item No. 12., Item Page 4, Packet Page 102 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
APPROPRIATE $118,000 FROM THE NEIGHBORHOOD AND COMMUNITY IMPROVEMENT PROGRAM ENDING BALANCE ACCOUNT (31NUNAP) TO THE PEARL/FIGUEROA STREET INTERSECTION (NIP2027) PROJECT ACCOUNT ***NCIP*** WHEREAS, the Pearl/Figueroa Street Intersection Project (NIP2027) was approved by Council on October 15, 2019 as part of the FY 2019/20 Neighborhood and Community Improvement Program and was funded for $158,000;
WHEREAS, due to the economic and supply chain impacts caused by the global COVID-19 pandemic, it has been determined that the current funding is not sufficient to complete the project;
WHEREAS, in order to move this project forward, $118,000 is required for this project; WHEREAS, the current balance of the NCIP Ending Balance account is $774,317.14; WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project proposes the improvement of existing curbs at the intersection of Pearl Street and Figueroa Street, specifically the removal of the existing curbs and gutters, and asphalt concrete pavement and base; and the construction of new ADA curb ramps and bulb outs to improve street alignment and shorten pedestrian crossing distance. The project includes traffic paint to mark pedestrian crossings, and stormwater infrastructure improvements.

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, 6/21/2022, Item No. 12., Item Page 5, Packet Page 103 2 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 proposed improvements are at grade and would replace pavement in-kind; therefore, no impacts to scenic highways will occur.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it appropriate $118,000 from the Neighborhood and Community Improvement Program Ending Balance Account (31nunap) to the Pearl/Figueroa Street Intersection project account (NIP2027).

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, 6/21/2022, Item No. 12., Item Page 6, Packet Page 104 Council
Agenda Report
№08/22
FROM: Rafaela T. King, Finance Director
Prepared by: Carol Hewitt, Finance Analyst
SUBJECT: Repeal Resolutions 14,037; 14,038; and 14,056 Effective June 30, 2022 and Terminate Revenue Sharing with the City of Pacific Grove for 300 David Avenue Monterey Effective July 1, 2022 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECOMMENDATION:

Repeal Resolutions 14,037, 14,038, 14,056 effective June 30, 2022 and terminate revenue sharing of sales tax, business license tax, and utility user’s taxes generated from 300 David Avenue Monterey APN 00175002000 with the City of Pacific Grove effective July 1, 2022.

VALUE DRIVERS:

POLICY IMPLICATIONS:

City Council adopted Resolution 22-048 providing notice of intent to repeal Resolutions 14,037, 14,038, 14,056 effective June 30, 2022 and to terminate revenue-sharing with the City of Pacific Grove for 300 David Avenue in Monterey effective July 1, 2022. This action is consistent with the Monterey City Code on business license tax, public utilities use tax, and sales and use tax (Monterey City Code sections 19-4 et seq. [business license tax], Section 35-40 et seq. [Public Utilities Use Tax], Section 35-3 et seq. [sales and use tax]).

FISCAL IMPLICATIONS:

The projected revenue increase in sales and business license revenue for the City of Monterey for FY23 will contribute to the City’s General Fund. Due to confidentiality requirements, specific revenue estimates are not able to be published.

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 Date: 6/21/2022
Item No.: 13.

Council Regular Meeting, 6/21/2022, Item No. 13., Item Page 1, Packet Page 105 environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

No alternatives are proposed.

DISCUSSION:

Overview
On May 3, 2022, City Council adopted Resolution 22-048 providing notice of intent to repeal Resolutions 14,037; 14,038; and 14,056 with an effective date of June 30, 2022 and notice of intent that effective July 1, 2022, sales tax, business license tax, and utility user’s taxes generated from APN 00175002000 will not to be shared with the City of Pacific Grove, and shall be collected pursuant to Monterey City Code sections 19-4 et seq. [business license tax], Section 35-40 et seq. [Public Utilities Use Tax], Section 35-3 et seq. [sales and use tax], as those sections may be amended or superseded.

Since the late 1970s, the City of Monterey has maintained revenue-sharing with the City of Pacific Grove regarding the apportionment of sales tax, business license tax, and utility user tax. However, the restaurant operating at 300 David Avenue is entirely within the City of Monterey’s city limits. Therefore, City Council provided notice of intent to terminate revenuesharing with the City of Pacific Grove.

Site Information
300 David Avenue, Monterey, is sited entirely within the City of Monterey’s city limits.

Attachment 2 provides a view of the Parcel Map for this address and APN 001075002000.

First Awakenings is the restaurant currently operating at 300 David Avenue, Monterey, and it has a State of California Seller’s Permit for the Monterey location. The First Awakenings restaurant has 1,449 sq. feet of interior seating area and 1,513 sq. feet of exterior seating area, requiring 44 parking spaces. First Awakenings provides 45 parking spaces entirely within the City of Monterey’s city limits.

History
On December 12, 1978, the City of Monterey conceptually approved Use Permit 78-75, with conditions held in abeyance for restaurant use (Bob’s Big Boy) at 300 David Avenue, Monterey, CA (APN 001075002000), and a certificate of occupancy was granted in August 1980.

On November 20, 1979, the City of Monterey adopted Resolution 14,037 to share revenue generated from Bob’s Big Boy restaurant, which was to operate in the block bounded by David Avenue and Lighthouse Avenue in Monterey, and Eardley Avenue and Central Avenue in Pacific Grove. This was a joint resolution with the City of Pacific Grove, which adopted Resolution 5319 on November 20, 1979. The apportionment was for the City of Pacific Grove Council Regular Meeting, 6/21/2022, Item No. 13., Item Page 2, Packet Page 106 to collect and retain the Business License Tax and the City of Monterey to collect and retain the Utility User Tax.

On November 20, 1979, the City of Monterey adopted Resolution 14,038, indicating that both cities provide municipal services to the Bob’s Big Boy restaurant and that the sales tax revenue should be apportioned 58% to the City of Monterey and 42% to the City of Pacific Grove because it was “impossible to determine the situs of sales tax generation within the restaurant.” This was a joint resolution with the City of Pacific Grove, which adopted Resolution 5318 on November 20, 1979.

On December 18, 1979, the City of Monterey adopted Resolution 14,056, amending Resolution 14,038, to clarify that the City of Monterey would collect revenue from the California State Board of Equalization and apportion the funds between the two cities because, according to the agenda report, “it is necessary to have one of the involved cities collect the money and physically make the distribution since the state cannot divide the funds without a vote of the electorate at a general election pursuant to Article XIII of the California Constitution.” Pacific Grove adopted Resolution 5424 on January 20, 1982, to mirror the City of Monterey’s Resolution.

California Constitution and State Law
From the time it was enacted in 1974 until it was amended in 1998, the California Constitution, Article 13, Section 29, authorized “…the Legislature to authorize cities to enter into contracts to apportion between them the revenue derived from any sale or use tax imposed by them that is collected for them by the State. Before the contract becomes operative, it shall be authorized by a majority of those voting on the question in each jurisdiction at a general or direct primary election.”
Cities must contract with the State Board of Equalization to perform all functions incident to the administration or operation of sales tax pursuant to Revenue & Taxation Code section 7202. The Legislature authorized, and still authorizes, cities to apportion revenue (i.e., as defined in Government Code section 55702 - Bradley Burns Uniform Sales and Use Tax) from tangible personal property retail sales pursuant to Government Code section 55704. The contract, and resolutions approving the contract, are to be transmitted to the State Board of Equalization to allocate the funds pursuant to Government Code section 55706.

A revenue-sharing contract between the City of Monterey and the City of Pacific Grove was not authorized by a majority vote of the electorate in either city, or transmitted to the State Board of Equalization for allocation.

In 1998, the California Constitution was amended to allow revenue sharing contracts approved by a two-thirds vote of each affected jurisdiction’s governing body without having to go to a vote of the electorate.

Bradley-Burns Uniform Local Sales and Use Taxes are allocated “to the place where the sale is deemed to take place….” For First Awakenings, the “principal negotiations are carried on” and “the order is taken” in the City of Monterey. The City of Monterey is, therefore, the place of Council Regular Meeting, 6/21/2022, Item No. 13., Item Page 3, Packet Page 107 business for purposes of Bradley-Burns Uniform Local Sales and Use Taxes pursuant to 18 California Code of Regulation section 1802.

Summary
Following its action to provide notice of intent per Resolution 22-048, City Council is asked to repeal Resolutions 14,037, 14,038, 14,056 effective June 30, 2022 and terminate revenue sharing sales tax, business license tax, and utility user’s taxes generated from 300 David Avenue Monterey APN 00175002000 with the City of Pacific Grove effective July 1, 2022, and to direct the City Clerk to send this resolution to the City of Pacific Grove, and the property owner, and the business owner for 300 David Avenue, Monterey, within three days of its passage.

RTK/ch
Attachments: 1. Draft Resolution
c: Property Owner, 300 David Ave., Monterey, CA
Business Owner, 300 David Ave., Monterey, CA
e: City of Pacific Grove, City Clerk
Stella Sandoval, Senior Accountant, City of Monterey
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, 6/21/2022, Item No. 13., Item Page 4, Packet Page 108 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
REPEAL RESOLUTIONS 14,037; 14,038; AND 14,056 EFFECTIVE JUNE 30, 2022 AND TERMINATE REVENUE SHARING WITH THE CITY OF PACIFIC GROVE FOR 300 DAVID AVENUE MONTEREY EFFECTIVE JULY 1, 2022
WHEREAS, on May 3, 2022 the City of Monterey adopted Resolution 22-048, providing notice of intent to repeal Resolutions 14,037; 14,038; and 14,056 with an effective date of June 30, 2022 and notice of intent that effective July 1, 2022, sales tax, business license tax, and utility user’s taxes generated from APN 00175002000 will not to be shared with the City of Pacific Grove, and shall be collected pursuant to Monterey City Code sections 19-4 et seq. [business license tax], Section 35-40 et seq. [Public Utilities Use Tax], Section 35-3 et seq. [sales and use tax], as those sections may be amended or superseded; WHEREAS, on December 12, 1978, the city conceptually approved Use Permit 78-75, with conditions held in abeyance for restaurant use (Bob’s Big Boy) at 300 David Avenue, Monterey, CA (APN 001075002000), and a certificate of occupancy was granted in August 1980;
WHEREAS, on November 20, 1979, the City of Monterey adopted Resolution 14,037 to share revenue generated from the Bob’s Big Boy restaurant which was to operate in the block bounded by David Avenue and Lighthouse Avenue in Monterey, and Eardley Avenue and Central Avenue in Pacific Grove. This was a joint resolution with the City of Pacific Grove, which adopted Resolution 5319 on November 20, 1979. The apportionment was for the City of Pacific Grove to collect and retain the business license tax and the City of Monterey to collect and retain the utility user’s tax;
WHEREAS, on November 20, 1979, the City of Monterey adopted Resolution 14,038, indicating that both cities provide municipal services to Bob’s Big Boy restaurant and that the sales tax revenue should be apportioned 58% to the City of Monterey and 42% to the City of Pacific Grove because it was “impossible to determine the situs of sales tax generation within the restaurant.” This was a joint resolution with the City of Pacific Grove, which adopted Resolution 5318 on November 20, 1979;
WHEREAS, on December 18, 1979, the City of Monterey adopted Resolution 14,056, amending Resolution 14,038, to clarify that the City of Monterey would collect revenue from the California State Board of Equalization and apportion the funds between the two cities because, according to the agenda report, “it is necessary to have one of the involved cities collect the money and physically make the distribution since the state cannot divide the funds without a vote of the electorate at a general election pursuant to Article XIII of the California Constitution.” Pacific Grove adopted Resolution 5424 on January 20, 1982, to mirror the City of Monterey’s Resolution;
WHEREAS, from the time it was enacted in 1974 until it was amended in 1998, the California Constitution, Article 13, Section 29, authorized “…the Legislature to authorize cities to enter into contracts to apportion between them the revenue derived from any sale or use Council Regular Meeting, 6/21/2022, Item No. 13., Item Page 5, Packet Page 109 2 tax imposed by them that is collected for them by the State. Before the contract becomes operative, it shall be authorized by a majority of those voting on the question in each jurisdiction at a general or direct primary election.”
WHEREAS, cities must contract with the State Board of Equalization to perform all functions incident to the administration or operation of sales tax pursuant to Revenue & Taxation Code section 7202. The Legislature authorized, and still authorizes, cities to apportion revenue (i.e., as defined in Government Code section 55702 - Bradley Burns Uniform Sales and Use Tax) from tangible personal property retail sales pursuant to Government Code section55704. The contract, and resolutions approving the contract, are to be transmitted to the State Board of Equalization to allocate the funds pursuant to Government Code section 55706;
WHEREAS, a revenue sharing between the City of Monterey and the City of Pacific Grove was not authorized by a majority vote of the electorate in either city, or transmitted to the State Board of Equalization for allocation;
WHEREAS, in 1998, the California Constitution was amended to allow revenue sharing contracts approved by two-thirds vote of each affected jurisdiction’s governing body without having to go to a vote of the electorate;
WHEREAS, 300 David Avenue, Monterey, is sited entirely within the City of Monterey’s city limits. The City of Pacific Grove has not been providing any municipal services to 300 David Avenue, Monterey;
WHEREAS, First Awakenings is the restaurant currently operating at 300 David Avenue, Monterey, and it has a State of California Seller’s Permit for the Monterey location.

The First Awakenings restaurant has 1,449 sq. feet of interior seating area and 1,513 sq. feet of exterior seating area, requiring 44 parking spaces. First Awakenings provides 45 parking spaces entirely within the City of Monterey’s city limits; WHEREAS, Bradley-Burns Uniform Local Sales and Use Taxes are allocated “to the place where the sale is deemed to take place….” For First Awakenings, the “principal negotiations are carried on” and “the order is taken” in the City of Monterey. The City of Monterey is therefore the place of business for purposes of Bradley-Burnes Uniform Local Sales and Use Taxes pursuant to 18 California Code of Regulation section 1802; WHEREAS, because the restaurant operating at 300 David Avenue is entirely within the City of Monterey’s city limits, the factual basis supporting the prior revenue-sharing joint resolutions with the City of Pacific Grove no longer exists, and therefore revenue sharing with Pacific Grove is neither equitable nor legally supportable; 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 Council Regular Meeting, 6/21/2022, Item No. 13., Item Page 6, Packet Page 110 3 a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability;

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

1. The foregoing recitals are true and correct and are hereby incorporated by this reference.

2. The City Council repeals Resolutions 14,037, 14,038, and 14,056 with an effective date of June 30, 2022.

3. Effective July 1, 2022, sales tax, business license tax, and utility user’s taxes generated from APN 00175002000 will not to be shared with the City of Pacific Grove, and shall be collected pursuant to Monterey City Code sections 19-4 et seq. [business license tax], Section 35-40 et seq. [Public Utilities Use Tax], Section 35-3 et seq. [sales and use tax], as those sections may be amended or superseded.

4. The City Clerk is directed to send this Resolution to the City of Pacific Grove, and to the property owner and to the business owner for 300 David Avenue, Monterey, within three days of its passage.

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, 6/21/2022, Item No. 13., Item Page 7, Packet Page 111 Council
Agenda Report
№08/22
FROM: Rafaela T. King, Finance Director
Prepared by: Carol Hewitt, Finance Analyst
SUBJECT: Repeal Resolutions 82-4 and 82-5 Effective June 30, 2022 and Terminate Revenue Sharing with the City of Pacific Grove for 902 Lighthouse Ave Monterey Effective July 1, 2022 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

Repeal Resolutions 82-4 and 82-5 effective June 30, 2022 and terminate revenue sharing of sales tax, business license tax, and utility user’s taxes generated from 902 Lighthouse Avenue Monterey APN 001014004000 with the City of Pacific Grove effective July 1, 2022.

VALUE DRIVERS:

POLICY IMPLICATIONS:

City Council adopted Resolution 22-049 providing notice of intent to repeal Resolutions 82-4 and 82-5 effective June 30, 2022 and to terminate revenue-sharing with the City of Pacific Grove for 902 Lighthouse Avenue in Monterey effective July 1, 2022. This action is consistent with the Monterey City Code on business license tax, public utilities use tax, and sales and use tax (Monterey City Code sections 19-4 et seq. [business license tax], Section 35-40 et seq. [Public Utilities Use Tax], Section 35-3 et seq. [sales and use tax]).

FISCAL IMPLICATIONS:

The projected revenue increase in sales and potential utilities use tax revenue for the City of Monterey for FY23 will contribute to the City’s General Fund. Due to confidentiality requirements, specific revenue estimates are not able to be published.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 6/21/2022, Item No. 14., Item Page 1, Packet Page 112 CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

No alternatives are proposed.

DISCUSSION:

Overview
On May 3, 2022 City Council adopted Resolution 22-049 providing notice of intent repeal Resolutions 82-4 and 82-5 effective June 30, 2022 and to terminate revenue-sharing with the City of Pacific Grove for 902 Lighthouse Avenue in Monterey effective July 1, 2022. This action is consistent with the Monterey City Code on business license tax, public utilities use tax, and sales and use tax (Monterey City Code sections 19-4 et seq. [business license tax], Section 35- 40 et seq. [Public Utilities Use Tax], Section 35-3 et seq. [sales and use tax]).

Since the late 1970s, the City of Monterey has maintained revenue-sharing with the City of Pacific Grove regarding the apportionment of sales tax, business license tax, and utility user tax. It is inequitable to continue revenue-sharing with the City of Pacific Grove for 902 Lighthouse Avenue in Monterey because the restaurant operating at 902 Lighthouse Avenue is entirely within the City of Monterey’s city limits. Therefore, City Council provided notice of intent to terminate revenue-sharing with the City of Pacific Grove.

Site Information
The parcel for 902 Lighthouse Avenue, Monterey is sited almost entirely within the City of Monterey’s city limits. The City of Pacific Grove is not providing any municipal services to 902 Lighthouse Avenue, Monterey;
Carl’s Jr. is the restaurant currently operating at 902 Lighthouse Avenue, Monterey, and it has a State of California Seller’s Permit for the Monterey location.

History
On May 12, 1981, the city approved Use Permit 81-32, with conditions, for restaurant use (Carl’s Jr.) at 902 Lighthouse Avenue, Monterey, CA (APN 001014004000).

The City of Monterey granted a certificate of occupancy in February 1982.

On January 5, 1982, the City of Monterey adopted Resolution 82-4 to share revenue generated from the Carl’s Jr. restaurant. This was a joint resolution with the City of Pacific Grove, which adopted Resolution 5425 on January 20, 1982. The apportionment was for the City of Pacific Grove to collect and retain the utility user’s tax, and for the City of Monterey to Council Regular Meeting, 6/21/2022, Item No. 14., Item Page 2, Packet Page 113 collect and retain the business license tax for purposes of eliminating unnecessary administrative expenses.

On January 5, 1982, the City of Monterey adopted Resolution 82-5, indicating that both cities provide municipal services to the Carl’s Jr. restaurant and that the sales tax revenue should be apportioned 55% to the City of Monterey and 45% to the City of Pacific Grove because it was “impossible to determine the situs of sales tax generation within the restaurant.” This was a joint resolution with the City of Pacific Grove, which adopted Resolution 5424 on January 20, 1982.

A revenue-sharing contract between the City of Monterey and the City of Pacific Grove was not authorized by a majority vote of the electorate in either city or transmitted to the State Board of Equalization for allocation.

Bradley-Burns Uniform Local Sales and Use Taxes are allocated “to the place where the sale is deemed to take place….” For Carl’s Jr., the “principal negotiations are carried on” and “the order is taken” in the City of Monterey. The restaurant is located entirely within the City of Monterey’s city limits. The City of Monterey is therefore the place of business for purposes of Bradley-Burns Uniform Local Sales and Use Taxes pursuant to 18 California Code of Regulation section 1802.

Summary
Following its action to provide notice of intent per Resolution 22-049, City Council is asked to repeal Resolutions 82-4 and 82-5 effective June 30, 2022 and terminate revenue sharing of sales tax, business license tax, and utility user’s taxes generated from 902 Lighthouse Avenue Monterey APN 001014004000 with the City of Pacific Grove effective July 1, 2022, and to direct the City Clerk to send this Resolution to the City of Pacific Grove, and to the property Council Regular Meeting, 6/21/2022, Item No. 14., Item Page 3, Packet Page 114 owner and to the business owner for 902 Lighthouse Avenue, Monterey, within three days of its passage.

RTK/ch
Attachments: 1. Draft Resolution
cc: Property Owner, 902 Lighthouse Avenue, Monterey, CA Business Owner, 902 Lighthouse Avenue, Monterey, CA
e: City of Pacific Grove, City Clerk
Stella Sandoval, Senior Accountant, City of Monterey
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, 6/21/2022, Item No. 14., Item Page 4, Packet Page 115 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
REPEAL RESOLUTIONS 82-4 AND 82-5 EFFECTIVE JUNE 30, 2022 AND TERMINATE REVENUE SHARING WITH THE CITY OF PACIFIC GROVE FOR 902 LIGHTHOUSE AVE MONTEREY EFFECTIVE JULY 1, 2022
WHEREAS, On May 3, 2022 City Council adopted Resolution 22-049 providing notice of intent repeal Resolutions 82-4 and 82-5 effective June 30, 2022 and to terminate revenuesharing with the City of Pacific Grove for 902 Lighthouse Avenue in Monterey effective July 1, 2022. This action is consistent with the Monterey City Code on business license tax, public utilities use tax, and sales and use tax (Monterey City Code sections 19-4 et seq. [business license tax], Section 35-40 et seq. [Public Utilities Use Tax], Section 35-3 et seq. [sales and use tax]);
WHEREAS, on May 12, 1981, the city approved Use Permit 81-32, with conditions, for restaurant use (Carl’s Jr.) at 902 Lighthouse Avenue, Monterey, CA (APN 001014004000);
WHEREAS, the City of Monterey granted a certificate of occupancy in February 1982; WHEREAS, on January 5, 1982, the City of Monterey adopted Resolution 82-4 to share revenue generated from the Carl’s Jr. restaurant. This was a joint resolution with the City of Pacific Grove, which adopted Resolution 5425 on January 20, 1982. The apportionment was for the City of Pacific Grove to collect and retain the utility user’s tax, and the City of Monterey to collect and retain the business license tax for purposes of eliminating unnecessary administrative expense;
WHEREAS, on January 5, 1982, the City of Monterey adopted Resolution 82-5, indicating that both cities provide municipal services to the Carl’s Jr. restaurant and that the sales tax revenue should be apportioned 55% to the City of Monterey and 45% to the City of Pacific Grove because it was “impossible to determine the situs of sales tax generation within the restaurant.” This was a joint resolution with the City of Pacific Grove, which adopted Resolution 5424 on January 20, 1982;
WHEREAS, from the time it was enacted in 1974 until it was amended in 1998, the California Constitution, Article 13, Section 29, authorized “…the Legislature to authorize cities to enter into contracts to apportion between them the revenue derived from any sale or use tax imposed by them that is collected for them by the State. Before the contract becomes operative, it shall be authorized by a majority of those voting on the question in each jurisdiction at a general or direct primary election;”
WHEREAS, cities must contract with the State Board of Equalization to perform all functions incident to the administration or operation of sales tax pursuant to Revenue & Taxation Code section 7202. The Legislature authorized, and still authorizes, cities to apportion revenue (i.e., as defined in Government Code section 55702 - Bradley Burns Unform Sales and Use Tax) from tangible personal property retail sales pursuant to Council Regular Meeting, 6/21/2022, Item No. 14., Item Page 5, Packet Page 116 2 Government Code section 55704. The contract, and resolutions approving the contract, are to be transmitted to the State Board of Equalization to allocate the funds pursuant to Government Code section 55706;
WHEREAS, a revenue sharing contract between the City of Monterey and the City of Pacific Grove was not authorized by a majority vote of the electorate in either city, or transmitted to the State Board of Equalization for allocation; WHEREAS, in 1998, the California Constitution was amended to allow revenue sharing contracts approved by two-thirds vote of each affected jurisdiction’s governing body without having to go to a vote of the electorate;
WHEREAS, the parcel for 902 Lighthouse Avenue, Monterey is sited almost entirely within the City of Monterey’s city limits. The City of Pacific Grove is not providing any municipal services to 902 Lighthouse Avenue, Monterey;
WHEREAS, Carl’s Jr. is the restaurant currently operating at 902 Lighthouse Avenue, Monterey, and it has a State of California Seller’s Permit for the Monterey location;
WHEREAS, Bradley-Burns Uniform Local Sales and Use Taxes are allocated “to the place where the sale is deemed to take place….” For Carl’s Jr., the “principal negotiations are carried on” and “the order is taken” in the City of Monterey. The restaurant is located entirely within the City of Monterey’s city limits. The City of Monterey is therefore the place of business for purposes of Bradley-Burnes Uniform Local Sales and Use Taxes pursuant to 18 California Code of Regulation section 1802;
WHEREAS, because the restaurant operating at 902 Lighthouse Avenue is entirely within the City of Monterey’s city limits, the factual basis supporting the prior revenue sharing joint resolutions with the City of Pacific Grove no longer exists, and therefore revenue sharing with Pacific Grove is neither equitable nor legally supportable; WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (“CEQA Guidelines”), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability;

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

1. The foregoing recitals are true and correct and are incorporated herein by this reference.

Council Regular Meeting, 6/21/2022, Item No. 14., Item Page 6, Packet Page 117 3 2. The City Council hereby repeals Resolutions 82-4 and 82-5 with an effective date of June 30, 2022.

3. Effective July 1, 2022, sales tax, business license tax, and utility user’s taxes generated from APN 001014004000 will not to be shared with the City of Pacific Grove, and shall be collected pursuant to Monterey City Code sections 19-4 et seq. [business license tax], Section 35-40 et seq. [Public Utilities Use Tax], Section 35-3 et seq. [sales and use tax], as those sections may be amended or superseded.

4. The City Clerk is directed to send this Resolution to the City of Pacific Grove, and to the property owner and to the business owner for 902 Lighthouse Avenue, Monterey, within three days of its passage.

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, 6/21/2022, Item No. 14., Item Page 7, Packet Page 118 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: 353 Camino El Estero; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties:

Monica Lal (Monterey Peninsula Chamber of Commerce); 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 a lease amendment with the Monterey Peninsula Chamber of Commerce.

VALUE DRIVER:

POLICY IMPLICATIONS:

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.

Date: 6/21/2022
Item No.: 15.

Council Regular Meeting, 6/21/2022, Item No. 15., Item Page 1, Packet Page 119 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 proposed lease amendment with the Monterey Peninsula Chamber of Commerce.

DISCUSSION:

The Monterey Peninsula Chamber of Commerce leases the building located at 353 Camino El Estero under a lease agreement that commenced in February 2020 and is scheduled to expire in February 2025. The tenant has requested a change to the terms of the lease. 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: Monica Lal, Monterey Peninsula Chamber of Commerce
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, 6/21/2022, Item No. 15., Item Page 2, Packet Page 120 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: Approximately 256 Square Feet Located in the Wharf II Warehouse; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Robbie Torrise (Robbie’s Ocean Fresh Seafood, Inc.); 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 with Robbie’s Ocean Fresh Seafood.

VALUE DRIVER:

POLICY IMPLICATIONS:

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 to Tidelands property.

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, 6/21/2022, Item No. 16., Item Page 1, Packet Page 121 this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

DISCUSSION:

Robbie’s Ocean Fresh Seafood (“Robbie’s”), owned by Mr. Robbie Torrise, leases approximately 500 square feet in the Municipal Wharf No. 2 warehouse. Mr. Torrise’s business model includes purchasing fresh and frozen seafood in addition to local fish directly from boats and packaging it for wholesale and retail sales. Mr. Torrise is interested in leasing an additional space that is approximately 256 square feet (Attachment 1). He has been occupying this space under a short-term license agreement.

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
Attachments: 1. Municipal Wharf No. 2 Warehouse
e: Robbie Torrise, Robbie’s Ocean Fresh Seafood
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, 6/21/2022, Item No. 16., Item Page 2, Packet Page 122 Additional
Space
Restrooms
Electrical
Room
Wharf II Warehouse
(Not to scale)
Robbie's Ocean
Fresh Seafood, Inc.

ATTACHMENT 1
Council Regular Meeting, 6/21/2022, Item No. 16., Item Page 3, Packet Page 123 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: 700 Cannery Row; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mike Zimmerman (Cannery Row Company); Under Negotiation: Price and Terms of Payment for Lease Extension (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
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 an extension of the lease agreement with the Cannery Row Company.

VALUE DRIVERS:

The action to appoint negotiators supports the Fiscal Stewardship Value Driver to “Serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships.”
POLICY IMPLICATIONS:

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 to Tidelands property.

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, 6/21/2022, Item No. 17., Item Page 1, Packet Page 124 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 an extension of the lease agreement with a Cannery Row Company representative.

DISCUSSION:

The current ground lease for a portion of the property located at 700 Cannery Row was effective January 1, 1998 and is scheduled to expire on September 30, 2025. As reflected in the photo below, the Cannery Row Company leases tidelands property north of the tidelands boundary.

The Cannery Row Company has been requesting a lease extension for several years.

However, vacant space, leases on a month-to-month status, and leases with expiration dates within the next six to 12 months have been the City’s priority. With lease terms agreed to with two Fisherman’s Wharf tenants (Harbor House and Chris’s Fishing and Whale Watching), a new tenant at 401 Camino El Estero (Big Sur Adventures); new lease agreements executed with Monterey Sportfishing, Monterey Fish Company (pump house), and Monterey Waves (Monterey Tennis Center), and marketing efforts for 30 Fisherman’s Wharf underway, staff is seeking direction from the City Council regarding price and terms for the requested lease extension.

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

JA/ad
Council Regular Meeting, 6/21/2022, Item No. 17., Item Page 2, Packet Page 125 e: Mike Zimmerman, Cannery Row Company
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, 6/21/2022, Item No. 17., Item Page 3, Packet Page 126 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: 720 Cannery Row; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mike Zimmerman (Cannery Row Company); Under Negotiation: Terms and Conditions for Lease Extension (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 an extension of the lease agreement with the Cannery Row Company.

VALUE DRIVERS:

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 to Tidelands property.

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, 6/21/2022, Item No. 18., Item Page 1, Packet Page 127 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 an extension of the lease agreement with a Cannery Row Company representative.

DISCUSSION:

The current ground lease for a portion of the property located at 720 Cannery Row was effective January 1, 1998 and is scheduled to expire on September 30, 2025. As reflected in the photo below, the Cannery Row Company leases tidelands property north of the tidelands boundary.

The property is subleased to Bubba Gump Shrimp Company.

The Cannery Row Company has been requesting a lease extension for several years.

However, vacant space, leases on a month-to-month status and leases with expiration dates within the next 6-12 months have been the City’s priority. With lease terms agreed to with two Fisherman’s Wharf tenants (Harbor House and Chris’s Fishing and Whale Watching), a new tenant at 401 Camino El Estero (Big Sur Adventures); new lease agreements executed with Monterey Sportfishing, Monterey Fish Company (pump house), and Monterey Waves (Monterey Tennis Center), and marketing efforts for 30 Fisherman’s Wharf underway, staff is seeking direction from the City Council regarding the requested lease extension. Closed session discussions are allowed and appropriate for confidential direction in real estate matters of this type.

Council Regular Meeting, 6/21/2022, Item No. 18., Item Page 2, Packet Page 128 JA/ad
e: Mike Zimmerman, Cannery Row Company
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, 6/21/2022, Item No. 18., Item Page 3, Packet Page 129 Council
Agenda Report
FROM: Clementine Bonner Klein, City Clerk
SUBJECT: Receive Mayor’s Recommendation and Appoint Justin Ono to the Parks and Recreation Committee (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061)
RECOMMENDATION:

That the Council receive a recommendation from Mayor Roberson and appoint Justin Ono to the Parks and Recreation Committee 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:

ALTERNATIVES CONSIDERED:

The Council could take no action or could make an alternate appointment.

Date: 6/21/2022
Item No.: 19.

Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 1, Packet Page 130 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 (one application was received and the applicant was reappointed on June 7, 2022; one seat remains)  Disabled Access Appeals Board – multiple long-term vacant seats (one application was received and the applicant was appointed on June 7, 2022; two seats remain vacant)  Neighborhood and Community Improvement Program (NCIP) Committee – multiple 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 recommendation. Mayor Roberson is grateful that so many qualified Monterey residents took time to apply. He recommends that the Council appoint the following:

Parks and Recreation Commission
Justin Ono - to fill a vacated term expiring June 30, 2024 Eligibility: The City Clerk confirmed using the GIS assessment database that the residential addresses of all seven applicants fall within City of Monterey boundaries.

Next Steps
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
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 2, Packet Page 131 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, 6/21/2022, Item No. 19., Item Page 3, Packet Page 132 Board and Commission Vacancies and Applicants
ATTACHMENT 1
Available Seats: Applicants:

Parks and Recreation Commission
Vacancy: One member Due Apr. 25, 2022 End-of-Day
Barber, Kim rec'd 4/8/22
Cavanagh, Sharon rec'd 4/25/22
Ebell, Eric rec'd 4/4/22
Hearin, Phillip rec'd 4/21/22
Mera, John rec'd 4/3/22
Naylor, Brandon rec'd 4/3/22
Ono, Justin rec'd 3/31/22
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 4, Packet Page 133 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 5, Packet Page 134 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 6, Packet Page 135 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 7, Packet Page 136 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 8, Packet Page 137 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 9, Packet Page 138 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 10, Packet Page 139 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 11, Packet Page 140 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 12, Packet Page 141 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 13, Packet Page 142 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 14, Packet Page 143 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 15, Packet Page 144 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 16, Packet Page 145 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 17, Packet Page 146 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 18, Packet Page 147 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 19, Packet Page 148 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 20, Packet Page 149 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 21, Packet Page 150 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 22, Packet Page 151 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 23, Packet Page 152 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 24, Packet Page 153 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 25, Packet Page 154 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 26, Packet Page 155 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 27, Packet Page 156 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 28, Packet Page 157 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 29, Packet Page 158 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 30, Packet Page 159 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 31, Packet Page 160 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 32, Packet Page 161 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 33, Packet Page 162 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 34, Packet Page 163 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 35, Packet Page 164 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 36, Packet Page 165 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 37, Packet Page 166 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 38, Packet Page 167 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 39, Packet Page 168 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 40, Packet Page 169 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 41, Packet Page 170 Attachment 2
Council Regular Meeting, 6/21/2022, Item No. 19., Item Page 42, Packet Page 171 Community Services District
Agenda Report
№06/11
FROM: Christine Davi, City Attorney
SUBJECT: Receive Ocean View Community Services District Quarterly Report RECOMMENDATION:

That the Community Services District Board of Directors receive a report on the Ocean View Community Services District.

ENVIRONMENTAL DETERMINATION:

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

DISCUSSION:

The City of Monterey approved the Ocean View Plaza Project (“Project”) located at 457, 465, 470, 484, 565, and 570 Cannery Row in June 2004. The California Coastal Commission requires that the water supply for the Project be provided for by a public entity (See, Public Resources Code section 30250, which requires adequate public services be available to serve new development). The Coastal Commission determined that a Coastal Development Permit could not be filed without the necessary government approvals from other agencies.

Subsequently, the City of Monterey requested that the Local Agency Formation Commission (LAFCO) review the establishment of a Community Services District (CSD) for the project site that would own, operate, and maintain the proposed desalination plant once constructed. This CSD was formed pursuant to Community Services District Law (Government Code section 61000 et seq.,) to own and operate a desalination plant to provide residential and commercial water to the Project.

LAFCO adopted Resolution No. 05-27 on December 27, 2005, approving the formation of this CSD. The Monterey City Council was subsequently appointed as the District Board and must meet quarterly according to requirements of Government Code section 61044.

In November 2019, the California Coastal Commission denied requests for coastal development permit extensions. The Coastal Commission voted that there were changed circumstances from Date: 6/21/2022
Item No.: 20.

Council Regular Meeting, 6/21/2022, Item No. 20., Item Page 1, Packet Page 172 its original coastal development permit issued in 2008 related to water supply and coastal hazards/sea level rise.

In January 2020, Ruby Falls Fund, LLC, sued the Coastal Commission over its denial of the permit extension request as described in Monterey County Superior Court Case No. 20CV000165. On November 30, 2021, AquaLegacy Development LLC intervened in that action, which has been stayed pending resolution of the appeals in related litigation in Monterey County Superior Court Case No. 16CV001078 (Court of Appeal Nos. H049517 and H049540), in which the court entered a judgment on March 4, 2021 that AquaLegacy is vested with title to the property.

The City originally approved the vesting tentative map for the project on June 1, 2004. The map approval has been extended by operation of law to June 26, 2022, and may be further tolled. cc: Save Our Waterfront, 781 Terry Street, Monterey, CA 93940 Cannery Row Association
LAFCO of Monterey County – Local Agency Formation Committee, POB 1369, Salinas, CA 93902 New Monterey Neighborhood Association
David Balch, Esq.

Anne Mudge, Esq.

Neill Bower, Esq.

Paul James Beard, Esq.

Stephanie Lai, Esq.

Aaron Gruber, Esq.

Dylan Crosby, Esq.

Bob Faulis
William Coffee, Esq.

David Bowie, Esq.

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, 6/21/2022, Item No. 20., Item Page 2, Packet Page 173 Council
Agenda Report
№10/13
FROM: Nat Rojanasathira, Assistant City Manager
Prepared By: Brianna Kennedy, Intern, City Manager’s Office SUBJECT: 1st Reading - Amend Chapter 19 of the Monterey City Code (Licenses, Fees, and Charges) to Prohibit the Sale and/or Distribution of all Flavored Tobacco Products (Not a Project Under CEQA per 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 amend Chapter 19 of the Monterey City Code, Article 5 related to Tobacco Retail Licensing to prohibit the sale or distribution of flavored tobacco and marijuana products, including menthol tobacco products.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

The proposed Ordinance will significantly reduce the appeal, availability, and usage of nicotine and e-cigarette products by youth and young adults, who are at increased risk of developing nicotine addiction as adults.

FISCAL IMPLICATIONS:

If approved, enforcement of the code amendment changes would be the responsibility of the City’s Code Enforcement Program. Citations would provide minimal cost recovery for code enforcement activities. Furthermore, the City may be impacted by the loss of tax revenue derived from these products once banned.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 6/21/2022, Item No. 21., Item Page 1, Packet Page 174 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 may choose to allow exceptions, such as continuing to allow menthol or hookah products, or may not adopt this ordinance; however, this will diminish the City’s ability to protect youth from harmful addictive substances.

DISCUSSION:

City staff is proposing a ban on all disposable e-cigarette systems and all flavored tobacco and e-cigarette products, including flavored cannabis vapes and menthol cigarettes. This measure will take necessary steps to protect middle and high school students in the City from harmful addictive substances and protect Monterey Bay coastlines from hazardous materials.

Popularity of Flavored Tobacco Among Youth
Due to concerns for increased cigarette use by youth in the 1990s and early 2000s, the U.S.

Food and Drug Administration banned the sale of flavored cigarettes nationally in 2009. Studies conducted in the years after this decision found that youth (12-17 years of age) smoking menthol cigarettes increased but overall cigarette usage decreased by 43% from 2009 to 2017, indicating that the ban had success in reducing youth smoking.

Shortly after, the introduction of e-cigarettes and flavored vape products disrupted progress towards minimizing tobacco use among youth, with a 900% increase in e-cigarette use among U.S. middle and high school students between 2011 and 2015. Many students report that they obtain these products from friends or family and partake in vaping as a social activity with peers.

Observers have reported a noticeable difference in the behavior of classmates who use ecigarette products, including low attention span, moodiness, and reduced impulse control.

Statistics of youth use of e-cigarette and vape products include:
 In 2019, more than 5.2 million young people in the United States reported current vape use, including 27.5% of high school students and 10.5% of middle school students  Current use of e-cigarette, or vaping, products increased by 900% among U.S. middle and high school students between 2011 and 2015
 The legal age to purchase vape products in California is 21, yet 24% of high school students have reported trying e-cigarette products in California from 2019-2020 Council Regular Meeting, 6/21/2022, Item No. 21., Item Page 2, Packet Page 175  As of 2020, e-cigarettes are the most commonly used tobacco product among high school students across all demographics
Environmental Concerns
In addition to the health impacts of e-cigarettes, many variations of these products are singleuse, disposable systems which contribute to the local, national, and international plastic pollution problem. E-cigarette waste is particularly hazardous for the environment due to the biochemical waste from the nicotine cartridge and the electronic waste from the battery in addition to the single-use plastic waste from the device casing and pods. Nicotine salts, heavy metals, lead, mercury, and flammable lithium-ion batteries have all been shown to have adverse impacts on waterways, soil, and wildlife. In addition, the Federal Emergency Management Agency (FEMA) released a report on the severity and frequency of e-cigarette battery explosions, describing the consequences for consumers and the environment. The City of Monterey has shown its dedication to protecting the environment by enacting plastic bag and plastic straw bans, food scrap collection programs, and green energy – including Monterey Conference Center’s LEED Platinum certification.

Ban on Flavored Tobacco and Vape Products
There has already been a large public effort to make flavored tobacco and vape products less accessible to youth. In 2020, the California state legislature passed its own ban targeting flavors in e-cigarettes and other tobacco products, awaiting a referendum vote in November 2022 for implementation, and a total of 111 localities have passed their own measures to restrict flavored tobacco products, including neighboring Santa Cruz County and the City of Pacific Grove.

Monterey County is also taking steps to implement similar restrictions in unincorporated areas.

The Board of Supervisors agreed to ban flavored tobacco and single-use disposable e-cigarette products without exemptions and the ordinance passed on March 15, 2022.

Local ordinances regulating flavored tobacco and vape products is summarized below:
 The City of Pacific Grove enacted a ban in January of 2020 on the sale of all flavored tobacco products without exemptions for menthol flavoring or adult-only establishments.  The County of Monterey began discussions of a flavored tobacco and e-cigarette ban in early 2020. Leading up to the final vote on March 15, 2022, the Monterey County Board of Supervisors and Monterey County Health Department finalized language for a ban on all flavored tobacco products without an exemption for menthol or modified risk products, as well as a ban on single-use disposable e-cigarettes. The new ordinance applies to all tobacco retailers of unincorporated areas in Monterey County and will be enforced by the Monterey County Health Department and the Monterey County Sheriff’s office. It went into effect 30 days after being passed.
 The City of Santa Cruz enacted a ban in June of 2019 on the sale of all flavored tobacco products, including menthol, mint, and wintergreen flavors.

Council Regular Meeting, 6/21/2022, Item No. 21., Item Page 3, Packet Page 176  The City of Capitola enacted a ban in January of 2020 on the sale of all flavored tobacco products including a ban on new retailers within 1000 feet of a school and/or public library.

The proposed ordinance would also update the definition of “flavor” to include any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, herb, spice, or menthol or any concept flavor that imparts a taste or aroma that is distinguishable from tobacco flavor. The ordinance would also expand the definition of “tobacco product” to include cigarettes; e-cigarettes or vapes; cigars; cigarillos; smokeless tobacco including chew, dip, snuff and snus; and heated tobacco products.

Enforcement
In 2016, the City signed an agreement with the County of Monterey for Tobacco Retail License Administrative Services, which included “administrative and enforcement services specific under the [City of Monterey’s Ordinance 3508], including but not limited to: receiving, reviewing, and processing the tobacco retail application and the information contained therein; issuing the license; administering the license program, retailer education, retailer inspection and compliance checks; documenting violations; issuing and collecting penalties; and hearing any appeals”. However, due to the potential for changes to the enforcement protocols of the Monterey County Tobacco Retail License program in July of 2022, the City of Monterey seeks a joint enforcement process with Monterey County Health Department. The Environmental Health division of the Monterey County Health Department will continue to inspect and correct minor violations for tobacco retailers, while serious violations involving retailing to minors or without a valid permit could be referred to the City’s Code Enforcement Program and Monterey Police Department for citation or additional enforcement action.

Veto Referendum on Senate Bill 793 (SB 793)
In August of 2020, Governor Newsom of California signed into law Senate Bill 793, making California the second state after Massachusetts to implement a ban on flavored tobacco products. The bill included menthol and mint in its flavor definition, but allowed exemptions for premium cigars, pipe tobacco and hookah tobacco to continue to be sold and consumed on or off premises, as long as there are no electronic elements. However, just days after it was passed, the tobacco industry backed a veto referendum to overturn SB 793, which was approved by the Attorney General. This put the implementation of SB 793 on hold until November of 2022, when voters will decide whether to uphold the bill. As of December 31, 2021, the campaign to overturn the bill had received $21.16 million, with the majority of contributions coming directly from the tobacco industry - $10.33 million from R.J. Reynolds Tobacco Company and $9.83 million from Philip Morris USA.

A similar referendum was raised in the City of San Francisco when R.J. Reynolds Tobacco Company and JUUL gathered enough signatures to pause the implementation of a flavor ban passed by the city council in 2017, the first comprehensive flavor ban in the United States which targeted high value products to the tobacco industry, such as menthol cigarettes and flavored vaping liquids. However, 68% of San Francisco voters decided to uphold the law and it went into effect January of 2019.

Council Regular Meeting, 6/21/2022, Item No. 21., Item Page 4, Packet Page 177 Many other municipalities in California have begun to implement their own ordinances in the event that the November 2022 election referendum is successful. Should the referendum pass, the City’s ordinance will be valid where it is more restrictive than state law.

Community Engagement
In preparing to bring this ordinance to Council, staff announced two virtual town hall meetings to the community. Staff increased awareness on this issue through city newsletters, a press release published on the city website and picked up by the Monterey Herald, and social media posts. Postcards were also mailed to all registered tobacco retailers in the City of Monterey, inviting them to provide their feedback. The town hall meetings were held on Monday, April 25, 2022 in the evening and Tuesday, April 26, 2022 during the day. Stakeholders were informed of the proposed changes to the City Code, provided supporting research, and given an opportunity to share comments or ask questions, as well as provided information on submitting feedback in writing via the Have Your Say Monterey website. Over a dozen community members participated in the two community Town Hall Meetings, where they were able to provide feedback on the proposed ordinance. Four residents expressed support for an ordinance and one business owner expressed opposition. At least two local tobacco retailers were present during the virtual meetings. Later that week, the recordings of both town hall meetings were added to the Have Your Say Monterey flavored tobacco webpage for the public to view.

Outside of the town hall meetings, staff received emails from gas station representatives in opposition of the proposed ordinance and the correspondence was posted on Have Your Say Monterey. In addition, several community members have shared additional feedback in the Community Comments section of the flavored tobacco webpage. The Have Your Say Monterey flavored tobacco page will remain available for the public to view and provide comments until Council concludes deliberation on this issue, at which time it will be archived for public record.

Summary of Staff Recommendation
Staff is recommending that Council adopt an ordinance implementing the changes to Article 5 of Chapter 19 of the Monterey City Code.

Attachments 1. Ordinance

e: All Business Associations
All Neighborhood 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, 6/21/2022, Item No. 21., Item Page 5, Packet Page 178 ORDINANCE NO. ____ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19
AMEND CHAPTER 19, ARTICLE 5 OF THE MONTEREY CITY CODE (TOBACCO RETAILER

LICENSE) TO PROHIBIT THE SALE AND/OR DISTRIBUTION OF ALL FLAVORED

TOBACCO PRODUCTS AND SINGLE USE ELECTRONIC CIGARETTES
THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:

SECTION 1:

WHEREAS, state law prohibits the sale or furnishing of cigarettes, tobacco products, and smoking paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors (Cal. Pen. Code § 308);
WHEREAS, state law explicitly permits cities and counties to enact local tobacco retail permitting ordinances and allows for the suspension or revocation of a local permit for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3); WHEREAS, in 2014 the Monterey City Council enacted Monterey City Code section 19- 105 et seq. to establish a permitting system for tobacco retailers to ensure that retailers comply with tobacco control laws and business standards of the City to protect the public health, safety, and welfare of the residents of the City. Prohibiting the sale of flavored tobacco products also furthers these goals and objectives;
WHEREAS, prohibiting tobacco retailers from selling flavored tobacco products will not unduly burden legitimate business activities of retailers who sell or distribute cigarettes or other tobacco products to adults. It will, however, allow the City to regulate the operation of lawful business to discourage violations of local laws by selling flavored tobacco products; WHEREAS, the City has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate flavored tobacco product sales and use; in discouraging the illegal purchase of flavored tobacco products by minors; in promoting compliance with laws prohibiting sales of e-cigarettes and flavored tobacco products to minors; and finally, and most importantly, in protecting children from being lured into illegal activity through the misconduct of adults;
WHEREAS, Senate Bill 793, approved by the Governor in August 2020, prohibits a tobacco retailer from selling flavored tobacco products. A referendum challenging this law qualified for the November 8, 2022 ballot. Therefore, the new state law is suspended until the outcome of the vote on the referendum. If the referendum is not successful, Health & Safety Code section 104559.5(g) provides that the state law does not preempt or otherwise prohibit the adoption of local standards that impose greater restrictions on the access to tobacco products than the restrictions imposed by the state. To the extent that there is an inconsistency between the state law and local standards, the greater restriction on the access to tobacco products in the local standard shall prevail;
Council Regular Meeting, 6/21/2022, Item No. 21., Item Page 6, Packet Page 179 2 WHEREAS, in a ruling issued on March 18, 2022, the Ninth Circuit Court of Appeals in R.J. Reynolds Tobacco Company et al v. County of Los Angeles, et al (2022 WL 816603) held that the Family Smoking Prevention and Tobacco Control Act, codified at 21 USC §387 et seq., did not preempt a city from banning the sale of some or all tobacco products; WHEREAS, more than 5.2 million young people in the United States reported vape use in 2019, including 27.5% of high school students and 10.5% of middle school students (CDC); WHEREAS, 24% of high school students have reported trying vape products in California from 2019-2020 (California Student Tobacco Survey); WHEREAS, 27.3% of high school students in the Monterey County area have tried or currently use vape products as of 2020 (California Student Tobacco Survey); WHEREAS, disposable e-cigarette use, which are designed for one time-use, has increased 1000% among high school students in the United States between 2019 and 2020 (FDA);
WHEREAS, e-cigarette waste introduces plastic, nicotine salts, heavy metals, lead, mercury, and flammable lithium-ion batteries into waterways, soil, and to wildlife (CDC); WHEREAS, a garbology study performed in 12 San Francisco high schools from 2018 to 2019 to investigate e-cigarette, combustible cigarette, and cannabis product waste revealed that 99% of identifiable e-cigarette waste was from flavored pods other than tobacco flavor and 42% of all identifiable combustible cigarette waste was menthol flavored. In the same study, menthol flavored waste accounted for 60% in low-income schools, 38% in middle-income schools, and 28% in high-income schools of all identifiable combustible cigarette waste (CDC); WHEREAS, adolescents obtain e-cigarettes from a variety of sources, including purchasing from a store or online (31%), buying from another person (16%), and giving a person of legal age money to purchase for them (15%) (AJHP Pepper et al); WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW THEREFORE, the Monterey City Council declares as follows:

SECTION 2: The foregoing recitals are true and correct and are incorporated herein by reference.

Council Regular Meeting, 6/21/2022, Item No. 21., Item Page 7, Packet Page 180 SECTION 3. Monterey City Code, Article 5, Chapter 19, Section 19-105, subsection (c) is hereby amended to read as follows:
“c. This article is adopted to: (1) ensure compliance with business standards and practices of the City; (2) to encourage responsible retailing of tobacco; (3) to target behaviors contributing to the youth smoking epidemic by implementing restrictions pertaining to the sale of flavored tobacco and e-cigarette products, including disposable e-cigarettes, flavored cannabis, and menthol cigarettes; (3) to limit the sale of tobacco products to those with the taste or aroma of tobacco, or no taste or aroma at all; and (4) to discourage violations of tobacco-related laws, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or otherwise regulated.” SECTION 4: Monterey City Code, Chapter 19, Article 5, Section 19-106 is hereby relettered sequentially by inserting the following new definitions in alphabetical order into the existing text:
“a. “Characterizing flavor” means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including but not limited to tastes or aromas related to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice. Characterizing flavor includes flavor in any form, mixed with or otherwise added to any tobacco product or nicotine delivery device, including electronic smoking devices.
c. “Electronic smoking device” means:
(1) Any electronic device or delivery system that can be used to deliver an inhaled dose of nicotine, flavorings, chemicals, or other substances in aerosolized or vaporized form for human consumption, including but not limited to an electronic cigarette, cigar, pipe, vape pen, or hookah.
(2) Any component, part, or accessory of such a device or delivery system that is used during its operation.
(3) Any flavored or unflavored liquid or substance, whether sold separately or sold in combination with any such device or delivery system that could be used to deliver nicotine or other substances in aerosolized or vaporized form. (4) Any product for use in such an electronic device or delivery system whether or not it contains nicotine or tobacco or is derived from nicotine or tobacco. d. “E-Liquid” means the liquid that is converted into an aerosol by an e-cigarette or vaping product. It is typically a mixture of water, food grade flavoring, and a choice of nicotine levels, cannabis (THC, CBD), propylene glycol (PG) or vegetable glycerin (VG). e. “Flavored tobacco product” means any tobacco product, as defined in this Article, which imparts a characterizing flavor.
j. “Single-use electronic cigarette product” means an electronic smoking device that is not refillable or rechargeable and is typically discarded once its contents have been used.

SECTION 5: Monterey City Code, Chapter 19, Section 19-106 (l) is hereby amended to Council Regular Meeting, 6/21/2022, Item No. 21., Item Page 8, Packet Page 181 4 read as follows:
“l. “Tobacco product” means:
(1) Any substance containing, made, or derived from tobacco or nicotine, whether natural or synthetic, that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, little cigars, pipe tobacco, hookah tobacco, smokeless tobacco (e.g., snuff, snus, chewing tobacco, dipping tobacco) bidis, heated tobacco, or any other preparation of tobacco; or (2) Any electronic smoking device that delivers nicotine or other substances, whether natural or synthetic, to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic pipe, electronic hookah, or vaping device.
(3) Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, (4) “Tobacco product” does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Drug and Cosmetic Act, as may be amended. ” SECTION 6: Monterey City Code, Chapter 19, Section 19-113 through 19-120 are hereby renumbered as Section 19-114 through 19-121.

SECTION 7: Monterey City Code, Chapter 19, Section 19-113 is hereby added to read as follows:
“19-113. Violations.
a. It shall be a violation of this Article for a tobacco retailer, or its agents or employees, to violate any federal state or local tobacco law or regulation, including any provision of this Article.
b. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Article shall constitute a violation.
c. Failure to prominently display the Tobacco Retail License in a publicly visible location at the licensed premises shall constitute a violation.
d. The failure of the tobacco retailer, or its agents or employees, to allow any peace officer, or other authorized government official to conduct unscheduled inspections of the premises of the business for the purpose of ensuring compliance with any federal, state, or local tobacco law or regulations, including any provision of this Article, at any time the business is open for business shall constitute a violation. e. After 180 days of the effective date of this ordinance, it shall be a violation of this Article for a tobacco retailer, or its agents or employees to sell, or offer for sale, or possess with the intent to sell or offer for sale, any flavored tobacco product intended to impart, or imparting a characterizing flavor in any form, to any tobacco product. f. After 180 days of the effective date of this ordinance, it shall be a violation of this Article for a tobacco retailer, or its agents or employees, to sell, or offer for sale, or possess with the intent to sell or offer for sale, any Single Use Electronic Cigarette product.
g. A tobacco retailer’s possession of four or more flavored tobacco products creates a rebuttable presumption the retailer possesses such flavored tobacco products with intent to sell or offer for sale.
h. The following actions of a tobacco retailer, its employees or agents, creates a Council Regular Meeting, 6/21/2022, Item No. 21., Item Page 9, Packet Page 182 rebuttable presumption that a tobacco product is flavored:
(1) public statements or claims that the tobacco product imparts a characterizing flavor; (2) text and/or images on the product’s labeling or packaging to explicitly or implicitly indicate the tobacco product imparts a characterizing flavor; or (3) other actions directed to consumers that would reasonably cause consumers to believe the tobacco or electronic cigarette product imparts a characterizing flavor.

SECTION 8: All ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 9: This ordinance shall be in full force and effect thirty (30) days from and after its final passage and adoption.

SECTION 10. Nothing in this Article shall be interpreted or applied so as to create any power or duty in conflict with any federal or state law. If any provision of this Article or the application thereof to any person or circumstance is held invalid, the remainder of this Article or the application of such provision to other persons or circumstances shall not be affected thereby.

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, 6/21/2022, Item No. 21., Item Page 10, Packet Page 183 Council
Agenda Report
№07/19
FROM: Steve Wittry, Public Works Director
Prepared By: Cristie Steffy, Parking Superintendent
SUBJECT: Adopt Automated License Plate Recognition Policy for Use in Parking Operations (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That Council approve a policy that governs the use of an Automated License Plate Recognition (ALPR) technology for the use in parking operations for compliance with Senate Bill 34. The ALPR technology used by the City captures still images.

VALUE DRIVER:

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

POLICY IMPLICATIONS:

Provide and deploy effective parking facilities, programs, and enforcement tools that support resident, business, and visitor access to various business districts and neighborhoods. State law requires an opportunity for the public to comment on the City’s proposed ALPR policy. (Cal.

Civ. Code section 1798.90.55(a).)
FISCAL IMPLICATIONS:

The City contracts with Turbodata, who subcontracts with VIGILANT. The City Council adopted Resolution 21-073 on July 6, 2021, approving the cost to purchase three ALPR units for $88,521.85. The service contract is valid for five years with a total cost of $186,335.00.

There is the potential for additional expenses that may be incurred in connection with responding to California Public Records Act request, where images might need to be anonymized to protect privacy interests.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 6/21/2022, Item No. 22., Item Page 1, Packet Page 184 this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

None at this time as this policy is required for compliance with Senate Bill 34, effective 2016.

DISCUSSION:

ALPR technology was first introduced to the City of Monterey in 2001. The Parking Division has utilized ALPR in parking operations as a key component in parking enforcement.

Staff has worked to prepare a comprehensive ALPR policy to ensure compliance with City data retention standards as well with Senate Bill 34, which requires security procedures and practices to protect information gathered through the use of ALPR technology from unauthorized use, access, modification or disclosure. As a public ALPR operator, the City is required to implement a usage and privacy policy to ensure the City is compliant in the collection, use, maintenance sharing and dissemination of collected information and is consistent with respect for individuals’ privacy, security and civil liberties.

ALPR technology uses infra-red cameras with optical charter recognition to automatically read license plate characters as they pass through the camera’s field of view to enable the rapid identification and location of vehicles. In 2017, the California Supreme Court recognized privacy interests in license plate scan data. The court determined that the public interest served by not disclosing ALPR records clearly outweighed the public interest served by disclosure. However, the court did not determine whether ALPR redacted data could be produced, and the City may need to redact personal information from ALPR records in response to a California Public Record Act request.

The Parking Division uses vehicle mounted ALPR cameras on enforcement scooters which collect data on public roadways and pubic property as well as fixed-mounted ALPR cameras in automated off-street parking facilities. The collected information is stored for a fixed retention period and may only be accessed by authorized personnel for legitimate purposes.

Staff requests that Council approve a policy that governs the use of an Automated License Plate Recognition technology for the use in parking operations for compliance with Senate Bill 34.

SW/cs
Attachments: 1. Automated License Plate Recognition Policy 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, 6/21/2022, Item No. 22., Item Page 2, Packet Page 185 ATTACHMENT 1
1 City of Monterey Parking Division
Automated License Plate Recognition (ALPR) Policy

1. POLICY
It is the mission of the Parking Division to administer the parking programs of the City of Monterey with the objective of providing safe, legal and optimal parking to the citizens of and visitors to the City of Monterey. The Parking Division uses Automated License Plate Recognition (ALPR) technology and supporting software to support this mission while recognizing the established privacy rights of the public.

2. PURPOSE
The purpose of this policy is to define the City’s appropriate use, maintenance, collection, security and retention of all digital data obtained using Automated License Plate Reader (ALPR) technology, and to define the authorized users of the City’s ALPR technology as well as their training requirements and responsibilities under this policy, as required by California Civil Code §1798.90.5 et seq.

The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates. It is used by the Parking Division to convert data associated with vehicle license plates for official Parking Division purposes, including identifying vehicles eligible for tow due to overdue citations, and for electronically “chalking” vehicles to enforce time-limited parking spaces. It may also be used to identify stolen or wanted vehicles and be shared with the Monterey Police Department for legitimate law enforcement purposes.

In connection with its use of ALPR technology, the City recognizes established privacy rights of the public. All data images and data gathered by the ALPR are for the official use of the Parking Division. The City will only use ALPR technology to collect license plate data within public view.

The City will not use ALPR technology for the sole purpose of monitoring individual activities that are otherwise protected by the First Amendment to the United States Constitution.

3. ADMINISTRATION
All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Parking Superintendent as further set forth in Section 4 below.

The Parking Superintendent will assign staff members under their direction to administer the day-to-day operation of the ALPR equipment and data.

4. ALPR ADMINISTRATOR & AUTHORIZED USERS
The Parking Superintendent shall be responsible for developing and implementing guidelines and procedures in compliance with the requirements of this policy and of Civil Code § 1798.90.5 et seq., including but not limited to the following:

Council Regular Meeting, 6/21/2022, Item No. 22., Item Page 3, Packet Page 186 ATTACHMENT 1
2 (a) A list of the job titles or other designation of the staff members and 3rd party independent contractors who are authorized to use or access the ALPR system or collect ALPR information.
(b) Training procedures in accordance with Section 9 herein, which training shall be required for all ALPR authorized users
(c) An ALPR system monitoring protocol that complies with Civil Code § 1798.90.52 to ensure the security of the ALPR information and protection of personal information. (d) Procedures for operators to maintain records of all attempts (whether authorized or unauthorized) to access the ALPR system in accordance with Section 7 herein. (e) Reasonable measures to ensure the accuracy of ALPR information and correct data errors, which measures shall be imposed on the City’s 3rd party ALPR contractor. (f) This policy and its related guidelines and procedures shall be conspicuously posted on the Parking Division’s website.

5. OPERATION OF AN ALPR
Use of an ALPR is restricted to the purposes set forth in this section. Parking Division members shall not use or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53). (a) An ALPR shall only be used for official Parking Division business, except as provided in Section 8 herein regarding sharing of data with the Monterey Police Department for legitimate law enforcement purposes.
(b) An ALPR may be used in conjunction with any routine Parking Division operation, including parking enforcement activities.
(c) No member of the Parking Division shall operate ALPR equipment or access ALPR data without first being designated by the Parking Superintendent and completing department-approved training.
(d) For scofflaw vehicles, the enforcement officer shall verify registration information and past due citation status prior to immobilization or impound of vehicles based solely on an ALPR alert.

6. DATA COLLECTION AND RETENTION
Information collected by the ALPR system and the Parking Division shall be limited to the following:
(a) Digital images of license plates
(b) License plate numbers
(c) License plate states
(d) Associated metadata such as date, time and geographic coordinates associated with the digital image captured by the ALPR system.

Council Regular Meeting, 6/21/2022, Item No. 22., Item Page 4, Packet Page 187 ATTACHMENT 1
3 All nonevidentiary ALPR data shall be downloaded to the server and stored for 90 days.

Evidentiary data shall be retained in accordance with the City’s established Records Retention/Disposition Schedule. Thereafter, ALPR data will be entirely purged from all active and backup systems. Any ALPR data shared with law enforcement that becomes related to evidence in a criminal or civil action, or data that is subject to a discovery request or other lawful action, will be downloaded from the server onto portable media and retained by the Monterey Police Department in accordance with the City’s Records Retention/Disposition Schedule.

7. ACCOUNTABILITY AND SECURITY
All ALPR data will be closely safeguarded and protected by both procedural and technological means. The Parking Division and its 3rd party independent contractors authorized to use or access the ALPR system or collect ALPR information will observe the following safeguards regarding access to and use of stored data:
(a) All ALPR data accessed via the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time.
(b) All network equipment and servers containing sensitive data are maintained in a secured location and accessed only by authorized personnel
(c) ALPR system shall maintain a log of successful and unsuccessful logon attempts, with such logs monitored by department Authorized Users
(d) ALPR system mobile workstations and servers shall be updated with latest security patches on a regular basis
(e) ALPR data shall be secured, encrypted and backed up regularly (f) ALPR data shall reside on a firewall protected network (g) ALPR system notifications will be monitored and reviewed with action taken as necessary
(h) ALPR systems audits should be conducted on a regular basis. (i) Data collected by the ALPR systems shall be treated as personal information for purposes of existing state and federal data breach notification laws.

8. RELEASE OF ALPR DATA
The City shall not release, provide, sell, share, or transfer ALPR information, except as set forth in this section.

ALPR data may be shared with the Monterey Police Department (MPD) for legitimate law enforcement purposes; MPD may only release the data to other law enforcement or prosecutorial agencies for official law enforcement purposes, or as otherwise permitted by law.

The release of necessary data to the City’s authorized 3rd party ALPR vendor or to towing services shall not be considered the sale, sharing, or transferring of ALPR information.

Council Regular Meeting, 6/21/2022, Item No. 22., Item Page 5, Packet Page 188 ATTACHMENT 1
4 Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided by the City of Monterey’s Records Management Policy regarding Public Records Act (Govt. Code §6250 et seq.) requests.

9. TRAINING
Authorized Parking Division employees and 3rd party ALPR vendors shall be trained in the use of ALPR technology. Training shall consist of:
(a) Appropriate use of ALPR technology pursuant to this policy, including but not limited to training regarding the confidential nature and limited uses of ALPR data and the restrictions on sharing ALPRA information.
(b) Technical, administrative and procedural measures to protect the security of ALPR data against unauthorized access or use. This shall include, but not be limited to training on safeguarding password information, access to the ALPR systems, and safeguarding ALPR information.
(c) Functionality of the ALPR equipment.
(d) Practical exercises in the use of ALPR technology.

Council Regular Meeting, 6/21/2022, Item No. 22., Item Page 6, Packet Page 189 Council
Agenda Report
№08/22
FROM: Hans Uslar, City Manager
Prepared By: Rafaela T. King, CPA, MBA, Finance Director SUBJECT: Adopt the 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 approve a resolution adopting the FY2022/23 Operating Budget.

VALUE DRIVER:

POLICY IMPLICATIONS:

The recommended actions are consistent with City Charter Section 6.3, and with established policy and procedures for adopting and amending the annual budget.

FISCAL IMPLICATIONS:

This action would adopt the proposed FY2022/23 budget as follows:

OPERATING BUDGET - EXPENDITURES
FY2022/23 Operating
Expenditures Transfers In Out Total
Date: 6/21/2022
Item No.: 23.

Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 1, Packet Page 190 General Fund $ 87,466,135 $ 1,500,000 $ 88,966,135
Other Funds $ 67,103,863 $ 1,125,517 $ 68,229,380
Total $ 154,569,998 $ 2,625,517 $ 157,195,515
The General Fund’s expenditures exceed the revenues by approximately $111K before the anticipated cost of salary adjustments, which is expected to increase the deficit by $2.2M. Staff intends to use projected salary savings and a portion of the unassigned fund balance as onetime 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 27, 2022 City Council Study Session and the June 7th Council Meeting, 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 and use of projected FY2021/22 unassigned fund balance.

Since the May 27, 2022 Study Session, Staff refined the budgets further to align transfers of support services, reconciled FY22/23 position budget cost allocation, and adjustments to various reserve funds. The attachments to this report reflect the updated FY2022/23 proposed budget, which staff is recommending for adoption.

Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 2, Packet Page 191 City Manager’s Budget Message
Structural Deficit
The General fund has experienced an ongoing structural deficit for several years. In 2019 and 2020, the City Council took matters to the voters who overwhelmingly approved tax measures to increase revenues for 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 has 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 and processes and increasing revenue streams and cost recovery where feasible.

Overwhelming Infrastructure Needs
At the June 7th meeting, Council received an update about the need for the City to invest in its facilities. The City operates and maintains a variety of infrastructure assets throughout Monterey. The number of assets to be maintained or replaced keeps increasing.

The Council started building up reserves in the Sports Center, Conference Center, general facilities, and also invested into a newly formed Sea Level Rise Resiliency Reserve.

The 30-year old Sports Center is especially in dire need of capital improvements. Several previously replaced/rehabilitated components of the building have reached the end of their life cycle and their replacements must be addressed again.

The Board of Library Trustees has presented to the Council and the public their wishes for a newer and rehabilitated library. Recently, Council has asked staff to look into the replacement of the existing Police and Fire Station across the street from the library. Our other two fire stations are 60 years and older and in need of upgrades or rebuilding. The five community centers, three of which are currently operated by the City, need major overhauls as well.

Our tunnel, also called Minnie’s Ditch so named after then-Mayor Minnie Coyle, which connects New Monterey and Pacific Grove with Oldtown, is now celebrating its 55th birthday. A major rehabilitation is looming there as well.

One-Time Revenue Enhancements
The proposed 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.

As presented to Council as part of the March Mid-Year budget review, we expect the ending unassigned Fund Balance on June 30, 2022 to be more than expected at the time of 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 Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 3, Packet Page 192 that time, we have noted the revenues from TOT and Sales Tax coming in stronger than expected as the Omicron variant of the COVID-19 virus has not had a huge negative effect in traveling for our city.

Follow-Up From June 7th Council Meeting
At the June 7th Council meeting Council discussed the immediate funding need for the Monterey Sport Center and Council expressed their hopes that some of the reinvestments necessary to operate the Sport Center would be carried by the Neighborhood Community Improvement Program (NCIP). Staff is happy to report that the NCIP committee will be making a recommendation to City Council to fund a NCIP project for the replacement of the dehumidifier in the amount of $1.2m.

At budget mid-year, Council allocated $750,000 towards the Sports Center Reserve Fund. The proposed budget includes another allocation $250,000 towards this fund. Together with the NCIP funding, the City will be able to address the maintenance needs of the natatorium.

Additional work in the gymnasium has to be assessed and will be part of the FY 23/24 budget proposal.

Another discussion point was staff’s suggestion to suspend funding for the business districts.

During the meeting Council did discuss various options ranging from leaving the funding as is, to funding at 50%, and eliminating the funding in future years.

Staff’s recommendation is to eliminate funding for the business districts located on North Fremont, in New Monterey, on Cannery Row as well as Fisherman's Wharf. For the Old Monterey Business Association, staff recommends a reduction from $55,000 to $10,500. At the last Council meeting, staff outlined how the business districts are funding themselves. To make up for the loss of the City’s General Fund contribution of $, the New Monterey Business District consisting of approximately 130 businesses, can either decide to raise the cap of their fee structure (currently capped at $250 each) or request an annual voluntary contribution to the district of $80 per business.

Stated differently, the resulting cost savings of the General Fund will be used to partially pay for essential core services up to including investments into the Monterey Sports Center.

Staff recognizes the value of Monterey’s businesses. Council created a one-time $1 million Local Economic Stimulus Plan to award financial grants to business. So did federal programs. In the past two years taxpayer dollars have supported hundreds of businesses in Monterey with some of them receiving millions of dollars in grants and subsequent loan forgiveness through the Paycheck Protection Program (For a detailed listing please review https://www.federalpay.org/paycheck-protection-program).

Monterey’s contributions to our local businesses remain strong when taking into consideration the annual contributions to the MCCVB ($1.5M), Trolley Services ($350K), free outdoor seating permits, and substantially increased staffing and maintenance levels in public safety, public works, and parks and recreation.

Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 4, Packet Page 193 Funding of Signature Community Events
As in previous years, staff proposes a contribution of $35,000 to First Night Monterey. This long standing signature event attracts thousands of locals and out-of-town visitors, many of them staying overnight, to Monterey by offering great entertainment options throughout Monterey’s historic downtown.

Staff also proposes to allocate $15,000 towards Old Monterey Business District to help fund and organize the 4th of July parade as well as the Annual Tree Lighting Ceremony in front of Colton Hall.

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 of some additions, deletions, movement between funds, and reclassifications. Some adjustment requests are still being processed. For example, a requested adjustment to the Assistant City Attorney position is expected in July.

Other salary adjustments based on retention challenges (simply stated other cities are paying more than Monterey and are hiring our talent) will be brought to Council’s attention as we need to remain competitive within our labor market.
 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* (contract 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
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 5, Packet Page 194  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 Total $31,514
HR Specialist* (at MidYear) ($72,096) ($46,657) ($8,680) ($127,433) HR Coordinator $79,116 $46,657 $9,494 $135,267
HR Specialist* (at 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 Recreation Specialist $53,844 $26,670 $4,846 $85,360
Greenbelt Coordinator $68,136 $26,871 $6,132 $101,139
Total $289,811
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 6, Packet Page 195  Police Department
Additions Salary Benefits PERS Total
Police Services Tech $70,152 $26,899 $6,314 $103,365
Total $103,365
 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
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 7, Packet Page 196 650 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)
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)
 ISD Department
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 Systems & Network
Admin* (Increase)
$3,790 $341 $4,131
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 8, Packet Page 197 Total $75,217
 Risk Management
Fund 716 Reclass/Additions Salary Benefits PERS Total
HR Analyst (Risk
Management)
($92,496) ($29,240) ($11,136) ($132,872)
Risk Manager $130,000 $30,000 $13,348 $173,348
Total $40,476
Five Year Projections
A summary of the General Fund 5-Year Forecast is as follows, assuming a 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, start funding the $173M pension liability, funding deferred maintenance costs for other facilities, and 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, 6/21/2022, Item No. 23., Item Page 9, Packet Page 198 Conclusion and Recommendation
The increased revenue trend is a strong indicator that the City is 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, needed staff positions, and provide modest cost of living increases to our staff, who provide services to our community members.

Monterey’s hospitality sector will continue to be the major contributor to our budgets. The extraordinary successful funding of the Neighborhood and Community Improvement Program (NCIP) remains highly dependent on the success of our hotels, motels, restaurants, and other tourism-based shops. And, Monterey residents will continue to weigh the pros and cons of living in one of the most desirable areas in the world.

The City's investment into the Monterey County Convention and Visitors Bureau (MCCVB) supports the regional and Monterey-specific destination marketing. Both investments (NCIP and MCCVB) consume 22% of the tax revenues derived from Transient Occupancy Tax. The question staff will need to address over the next 12 months will include how existing needs and future needs can be balanced in the framework of the City’s Charter and existing policies.

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 fiscally responsible stewards of City resources.

Fiscal stewardship involves maintaining core services, addressing the City’s pension liability, investing in the short and long-term infrastructure needs, and prioritizing what is most important to the community.

All in all: we are ahead from where we were last year. Our budget is balanced, our reserves are better than they were before, and we have managed to set new funding aside for future obligations including pension obligations. We need to continue allocating funding towards our reserves as future generations should have new opportunities to develop our city instead of struggling to maintain what today’s generation has created. The concept of “intergenerational conflict” should remain a guiding principle when we are looking for long-term solutions.

The voter-approved infrastructure tax measures (Measures P/S and Measure X) have changed how our road network functions and looks. The additional hotel tax (Measure Y) and sales tax (Measure G) measures help us balance our budgets and support our efforts to bring back previously lost positions that support City services.

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 proposed budget. We include in our thanks the many residents, who have shared with us their proposals and their opinions. A special thanks goes to the Parks and Recreation Commission and the Neighborhood Community Improvement Commission who both came to the help of our Monterey Sport Center.

We recommend the adoption of this proposed budget so that the City can continue work towards the value drivers of serving as stewards of the City’s financial resources through sound Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 10, Packet Page 199 economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships.

HU/rtk
Attachments: 1. Resolution

2. Revenue and Expense Statements and Position Control List 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, 6/21/2022, Item No. 23., Item Page 11, Packet Page 200 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№12/12
ADOPTING THE FISCAL YEAR 2022-2023 OPERATING BUDGET

OF THE CITY OF MONTEREY
WHEREAS, the proposed operating budget of the City of Monterey for the fiscal year 2022-2023 was prepared and submitted to the City Council by the City Manager in accordance with Section 6.3 of the City Charter;
WHEREAS, the City Council reviewed the proposed operating budget and thereafter caused a public appearance to be held concerning the budget; and WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines”), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

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

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the foregoing recitals are true and correct and are hereby incorporated and adopted as finding of the City Council as if fully set forth herein. The City Council hereby adopts and approves the Proposed Operating Budgets for FY 2022-23 with Exhibit A attached to this resolution and containing information as required in Section 6.3 of the Monterey City Charter, as amended by the City Council, as the budget of the City of Monterey in the following amounts:

OPERATING BUDGET - REVENUES
FY2022/23 Operating Revenues Transfers In Total
General Fund $ 87,729,263 $ 1,125,517 $ 88,854,780
Other Funds $ 97,321,703 $ 1,500,000 $ 98,821,703
Total $ 183,672,725 $ 2,625,517 $ 187,676,483
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 12, Packet Page 201 2 OPERATING BUDGET - EXPENDITURES
FY2022/23 Operating Expenditures Transfers In Out Total General Fund $ 87,466,135 $ 1,500,000 $ 88,966,135
Other Funds $ 67,103,863 $ 1,125,517 $ 68,229,380
Total $ 154,569,998 $ 2,625,517 $ 157,195,515
A copy of said budget (EXHIBIT A), as modified and amended, is on file in the office of the City Clerk and is hereby referred to for further particulars.

BE IT FURTHER RESOLVED THAT monies may be transferred from one account to another with the approval of the City Manager or his designee except for the following transfers which may be made only with the approval of the City Council:
a. Transfers to or from Special Funds where state or federal regulations require Council approval;
b. Transfers from unappropriated reserves or fund balances.

BE IT FURTHER RESOLVED THAT sixteen percent (16%) of the total projected revenue from Transient Occupancy Taxes is hereby appropriated in the annual amount of $4,960,000 for use in the Neighborhood Improvement Program for FY 2022-23. This amount is the total appropriation from which all applicable City administration and program expenses will be deducted as appropriate.

BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to take any and all actions necessary to obtain reimbursement for all expenses related to the COVID-19 crisis from any Federal, State or County agency or any other agency providing such reimbursement, and to reimburse the Funds used to pay those expenses in FY 2021-22.

BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to create fund accounts and projects as necessary to accurately record the appropriations in this budget, including the American Rescue Plan Act (ARPA) and Federal Emergency Management Agency reimbursement funding, as applicable.

BE IT FURTHER RESOLVED THAT the proposed transfers included in the Interfund Transfers schedule that is part of the FY 2022-23 Proposed Operating Budget as amended are Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 13, Packet Page 202 3 hereby adopted and approved; and that the Finance Director is hereby authorized to make administrative budget adjustments to the schedule as deemed necessary.

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, 6/21/2022, Item No. 23., Item Page 14, Packet Page 203

OPERATING BUDGET SUMMARY
FOR FISCAL YEAR 2022 - 2023 STARTING JULY 1
Exhibit A
Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 15, Packet Page 204 City Manager’s Budget Message
Structural Deficit
The General fund has experienced an ongoing structural deficit for several years. In 2019 and 2020, the City Council took matters to the voters who overwhelmingly approved tax measures to increase revenues for 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 has 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 and processes and increasing revenue streams and cost recovery where feasible.

The Council started building up reserves in the Sports Center, Conference Center, general facilities, and also invested into a newly formed Sea Level Rise Resiliency Reserve.

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

As presented to Council as part of the March Mid-Year budget review, we expect the ending unassigned Fund Balance on June 30, 2022 to be more than expected at the time of 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-19 virus has not had a huge negative effect in traveling for our city.

Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 16, Packet Page 205 At the June 7th Council meeting Council discussed the immediate funding need for the Monterey Sport Center and Council expressed their hopes that some of the reinvestments necessary to operate the Sport Center would be carried by the Neighborhood Community Improvement Program (NCIP). Staff is happy to report that the NCIP committee will be making a recommendation to City Council to fund a NCIP project for the replacement of the dehumidifier in the amount of $1.2m.

Additional work in the gymnasium has to be assessed and will be part of the FY 23/24 budget proposal.

Another discussion point was staff’s suggestion to suspend funding for the business districts.

During the meeting Council did discuss various options ranging from leaving the funding as is, to funding at 50%, and eliminating the funding in future years.

Stated differently, the resulting cost savings of the General Fund will be used to partially pay for essential core services up to including investments into the Monterey Sports Center.

The increased revenue trend is a strong indicator that the City is 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, needed staff positions, and provide modest cost of living increases to our staff, who provide services to our community members.

Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 17, Packet Page 206 The City's investment into the Monterey County Convention and Visitors Bureau (MCCVB) supports the regional and Monterey-specific destination marketing. Both investments (NCIP and MCCVB) consume 22% of the tax revenues derived from Transient Occupancy Tax. The question staff will need to address over the next 12 months will include how existing needs and future needs can be balanced in the framework of the City’s Charter and existing policies.

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 fiscally responsible stewards of City resources.

We recommend the adoption of this proposed budget so that the City can continue work towards the value drivers of serving 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.

As in previous years, staff proposes a contribution of $35,000 to First Night Monterey. This long standing signature event attracts thousands of locals and out-of-town visitors, many of them staying overnight, to Monterey by offering great entertainment options throughout Monterey’s historic downtown.

Staff also proposes to allocate $15,000 towards Old Monterey Business District to help fund and organize the 4th of July parade as well as the Annual Tree Lighting Ceremony in front of Colton Hall.

Hans Uslar
City Manager
Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 18, Packet Page 207 SUMMARY OF REVENUES BY FUND (excludes transfers-in)
Fund Title
FY19/20
Actual
FY20/21
Actual
FY21/22
Adopted
FY21/22
Amended
FY22/23
Proposed
101 GENERAL FUND $71,368,947 67,424,460 79,019,196 87,421,684 88,854,781 205 SEWER MAINS FUND 28,436 5,862 12,213 12,213 12,213
210 WHARF I SPRINKLER SYSTEM FUND 39,876 40,319 80,000 80,000 40,500 215 SKYLINE FOREST SERVICE DIST 33,267 29,907 26,953 26,953 29,953 216 NEIGHBORHOOD IMPROVEMENT FUND 3,313,858 2,527,075 3,385,831 3,919,831 5,000,949 241 FEDERAL/STATE PROJECTS FUND 120,516 73,122 - - -
249 STATE COPS - AB1913 (DVO) 157,488 157,960 100,524 100,524 161,809 251 GAS TAX FUND 648,580 608,894 709,827 709,827 808,606 252 STREET INFRASTRUCTURE REHAB FUND (Measure S & P) 9,192,630 8,668,682 9,232,053 11,044,113 11,332,148 253 CCFD BONDS - PROJECT FUND (672) 290 155 155 155
254 CCFD-CITY REVENUE FUND 49,617 9,225 13,157 13,157 13,157 257

TRANSPORTATION SAFETY & INVESTMENT PLAN
(Measure X) 1,346,679 1,076,338 921,424 921,424 1,399,664 258 SB1 ROAD MAINTENANCE & REHABILITATION 468,597 541,172 568,214 568,214 659,165 261 ALVARADO STREET MAINT DISTRICT 47,119 49,427 48,827 48,827 48,827 262 CALLE PRINCIPAL MAINT DISTRICT 24,574 29,152 27,756 27,756 27,756 263 S CANNERY ROW PARKING DISTRICT 16 (10) - - -
264 PARKING ADJUSTMENT FEE-FUND A 3,634 3,643 16 16 3,606 266 TRANSPORTATION MANAGEMENT FUND 13,314 13,522 27,046 27,046 13,546 267 CANNERY ROW PARKING VARIANCES 1,538 2,151 3,315 3,315 1,815 268 LOW & MODERATE INCOME ASSET FUND 196,657 620,858 592,646 592,646 578,646 269 EMERGENCY RENTAL ASSISTANCE PROGRAM - 523,899 - - - 270 COMMUNITY DEV BLOCK GRANT FUND 1,069,609 1,445,429 1,161,777 1,161,777 1,327,448 274 HOME GRANT 1992 FUND-CASA DE LA ESTRALLA 97,571 83,572 86,655 86,655 88,055 277 PARK DEDICATION FEES FUND 1,116 67 451 451 451
278 HOME GRANT 2005 FUND 11,534 2,537 7,121 7,121 3,121 279 SEWER LINE MAINTENANCE FUND 1,244,866 3,958,067 2,356,055 2,356,055 2,526,055 280 STORM WATER UTILITY FUND 477,637 1,872,994 1,054,040 1,054,040 1,104,240 281 INTEGRATED REGIONAL WATERSHED MANAGEMENT 648 150 185 185 185 290 WATER SYSTEM IMPROV FUND 11,535 2,676 3,293 3,293 3,293 291 PUBLIC SAFETY TRAINING & SVCS 173,517 119,174 55,000 55,000 60,000 292 ASSET SEIZURE FUND - 20,845 1,000 1,000 5,000
295 FEMA FUND 18,042 - - - -
298 PUBLIC EDUC & GOV ACCESS (PEG) 30 77 - - -
299 SR CTR PROGRAMS - GARDNER FUND 1,565 361 445 445 445 310 DEBT SERVICE FUND 7,045 7,142 4,091 4,091 4,091
314 RDA OBLIGATION RETIREMENT FUND 2,498 462 677 677 677 404 STATE LOAN 66,139 (66,366) - - -
405 CIP - STATE FUNDING SOURCE 1,074,899 125,488 - - -
406 FEDERAL STIMULUS PROJECTS 1,579,442 8,788 - - -
407 CIP - OTHER FUNDING SOURCE 562,835 5,580 - - -
408 CONFERENCE CENTER RENOVATION 27,320 6,413 - - -
410 CAPITAL PROJECTS FUND - - - - -
470 SPORTS CENTER EXPANSION FUND 3,190,526 100 - - -
600 MARINA FUND 291,601 4,784,392 3,108,411 3,108,411 3,252,461 610 CEMETERY FUND 7,673,027 242,324 265,508 265,508 291,508 625 PARKING FUND 2,080 6,134,665 8,396,009 8,396,009 11,211,909 641 MATERIALS RECOVERY FACILITY - 291 560 560 560
642 OCEAN VIEW PLAZA CSD - - 7,000 7,000 7,000
650 PRESIDIO OF MTRY PUBLIC WORKS 17,608,281 17,700,571 22,517,597 24,486,422 20,832,592 655 NAVY SERVICES FUND 266,310 263,079 354,050 354,050 354,050 705 EQUIPMENT REPLACEMENT FUND 1,349,158 488,964 1,111,807 1,111,807 1,197,686 708 VEHICLE MAINTENANCE FUND 2,037,299 2,175,310 2,423,548 2,519,512 2,671,610 710 INFORMATION SERVICES FUND 4,495,663 3,898,754 4,366,103 4,366,103 7,374,496 715 WORKER'S COMP INSURANCE TRUST 4,013,215 4,245,450 3,716,991 3,716,991 3,999,715 716 LIABILITY & PROPERTY INSURANCE 1,956,762 2,741,323 3,161,530 3,161,530 3,833,620 718 EMPLOYEE BENEFIT FUND 9,406,672 8,025,626 10,258,879 10,258,879 10,738,657 807 TIDELANDS TRUST FUND 2,853,832 2,852,979 2,804,422 2,804,422 2,692,932 810 LIBRARY TRUST FUND 295,427 230,450 5,400 103,500 169,300 818 MUSEUM TRUST FUND 15,811 2,993 3,004 3,004 11,200
821 SCHOLZE PARK TRUST FUND 41,265 28,774 11,678 11,678 15,000 Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 19, Packet Page 208 SUMMARY OF REVENUES BY FUND (excludes transfers-in)
Fund Title
FY19/20
Actual
FY20/21
Actual
FY21/22
Adopted
FY21/22
Amended
FY22/23
Proposed
822 SCHOLZE PLAYGROUND TRUST FUND 41,265 8,941 11,666 11,666 15,000 900 SPECIAL DEPOSITS FUND 1,936 1,351 - - -
918 CONF CTR FACILITIES DIST 2013-1 3,767,231 2,414,361 2,855,745 2,855,745 4,896,830 961 GOLDEN 55 TRAVELERS FUND 19,960 - - - -
TOTAL $ 152,809,834 $ 146,240,101 $ 164,879,852 $ 177,791,289 $ 187,676,483 Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 20, Packet Page 209 SUMMARY OF REVENUES BY TYPE (excludes Transfers-In)
Title FY19/20 Actual FY20/21 Actual
FY21/22
Adopted FY21/22 Amended
FY22/23
Proposed
Fund 101 -- GENERAL FUND
PROPERTY TAXES 12,135,312 13,267,772 12,990,419 12,990,419 13,630,482 SALES TAX 9,044,694 10,594,210 11,652,785 14,411,031 15,248,718 TRANSIENT OCCUPANCY TAXES 22,405,070 12,909,693 17,560,632 20,364,132 26,040,000 BUSINESS LICENSE 3,834,852 3,450,914 3,451,367 3,451,367 3,865,531 UTILITY USERS TAXES 3,603,923 3,654,753 3,614,736 3,614,736 4,130,453 FRANCHISE FEES 1,738,233 1,988,129 2,331,103 2,541,103 2,630,914 OTHER TAXES 494,650 572,210 492,727 492,727 516,509
LICENSES & PERMITS 1,676,985 1,771,564 1,226,715 1,300,715 1,706,323 FINES & FORFEITURES 206,867 221,793 210,000 230,500 203,070 INTERGOVERNMENTAL 1,447,181 2,560,877 7,739,692 9,413,728 197,013 INTEREST 1,611,607 785,739 786,404 450,255 404,703
RENTS 2,484,493 2,264,960 2,376,075 2,376,075 2,302,453 FEES & CHARGES 18,741,896 13,037,150 13,447,635 13,877,352 16,470,764 OTHER REVENUES 1,190,518 344,697 1,138,906 1,907,544 1,507,848 Total 101 -- GENERAL FUND 80,616,281 67,424,460 79,019,196 87,421,684 88,854,781 Fund 205 -- SEWER MAINS FUND
INTEREST 22,834 5,862 7,213 7,213 7,213
FEES & CHARGES 32,822 - 5,000 5,000 5,000
Total 205 -- SEWER MAINS FUND 55,656 5,862 12,213 12,213 12,213 Fund 210 -- WHARF I SPRINKLER SYSTEM FUND
FEES & CHARGES 38,342 40,319 80,000 80,000 40,500
Total 210 -- WHARF I SPRINKLER SYSTEM FUND 38,342 40,319 80,000 80,000 40,500 Fund 215 -- SKYLINE FOREST SERVICE DIST
PROPERTY TAXES 25,325 28,213 25,000 25,000 28,000
INTEREST 5,900 1,695 1,953 1,953 1,953
Total 215 -- SKYLINE FOREST SERVICE DIST 31,225 29,907 26,953 26,953 29,953 Fund 216 -- NEIGHBORHOOD IMPROVEMENT FUND
TRANSIENT OCCUPANCY TAXES 4,267,634 2,459,538 3,344,882 3,878,882 4,960,000 INTERGOVERNMENTAL 1,960 - - 0
INTEREST 188,221 65,577 40,949 40,949 40,949
TRANSFERS IN - - - 0
Total 216 -- NEIGHBORHOOD IMPROVEMENT FUND 4,455,855 2,527,075 3,385,831 3,919,831 5,000,949 Fund 241 -- FEDERAL/STATE PROJECTS FUND
INTERGOVERNMENTAL - 73,122 - - -
Total 241 -- FEDERAL/STATE PROJECTS FUND - 73,122 - - - Fund 249 -- STATE COPS - AB1913 (DVO)
INTERGOVERNMENTAL 157,080 156,727 100,000 100,000 161,285 INTEREST 1,451 1,234 524 524 524
Total 249 -- STATE COPS - AB1913 (DVO) 158,531 157,960 100,524 100,524 161,809 Fund 251 -- GAS TAX FUND
INTERGOVERNMENTAL 556,080 596,139 701,952 701,952 800,731 INTEREST 30,924 12,755 7,875 7,875 7,875

OTHER REVENUES - - - - -
Total 251 -- GAS TAX FUND 587,004 608,894 709,827 709,827 808,606 Fund 252 -- STREET INFRASTRUCTURE REHAB FUND (MEASURE P & S) SALES TAX 10,212,984 8,643,025 9,188,905 11,000,965 11,289,000 INTEREST 268,190 25,656 43,148 43,148 43,148
Total 252 -- STREET INFRASTRUCTURE REHAB FUND (MEAS 10,481,175 8,668,682 9,232,053 11,044,113 11,332,148 Fund 253 -- CCFD BONDS - PROJECT FUND
INTEREST - 290 155 155 155
Total 253 -- CCFD BONDS - PROJECT FUND - 290 155 155 155 Fund 254 -- CCFD-CITY REVENUE FUND
INTEREST - 9,225 13,157 13,157 13,157
Total 254 -- CCFD-CITY REVENUE FUND - 9,225 13,157 13,157 13,157 Fund 257 -- TRANSPORTATION SAFETY & INVESTMENT PLAN (MEASURE X) INTERGOVERNMENTAL 823,557 1,035,331 900,000 900,000 1,378,240 INTEREST 19,339 41,007 21,424 21,424 21,424
Total 257 -- TRANSPORTATION SAFETY & INVESTMENT PLA 842,896 1,076,338 921,424 921,424 1,399,664 Fund 258 -- SB1 ROAD MAINTENANCE & REHABILITATION
INTERGOVERNMENTAL 519,393 517,737 556,007 556,007 646,958 INTEREST 5,773 23,435 12,207 12,207 12,207
Total 258 -- SB1 ROAD MAINTENANCE & REHABILITATION 525,165 541,172 568,214 568,214 659,165 Fund 261 -- ALVARADO STREET MAINT DISTRICT
OTHER TAXES 48,390 48,976 48,500 48,500 48,500
Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 21, Packet Page 210 SUMMARY OF REVENUES BY TYPE (excludes Transfers-In)
Title FY19/20 Actual FY20/21 Actual
FY21/22
Adopted FY21/22 Amended
FY22/23
Proposed
INTEREST 1,972 450 327 327 327
Total 261 -- ALVARADO STREET MAINT DISTRICT 50,361 49,427 48,827 48,827 48,827 Fund 262 -- CALLE PRINCIPAL MAINT DISTRICT
OTHER TAXES 23,531 28,901 27,500 27,500 27,500
INTEREST 1,499 251 256 256 256
Total 262 -- CALLE PRINCIPAL MAINT DISTRICT 25,030 29,152 27,756 27,756 27,756 Fund 263 -- S CANNERY ROW PARKING DISTRICT
INTEREST - (10) - - -
Total 263 -- S CANNERY ROW PARKING DISTRICT - (10) - - - Fund 264 -- PARKING ADJUSTMENT FEE-FUND A
INTEREST 117 53 16 16 16
FEES & CHARGES 3,590 3,590 - - 3590
Total 264 -- PARKING ADJUSTMENT FEE-FUND A 3,707 3,643 16 16 3,606 Fund 266 -- TRANSPORTATION MANAGEMENT FUND
INTEREST 357 277 46 46 46
FEES & CHARGES 14,445 13,245 27,000 27,000 13,500
Total 266 -- TRANSPORTATION MANAGEMENT FUND 14,802 13,522 27,046 27,046 13,546 Fund 267 -- CANNERY ROW PARKING VARIANCES
INTEREST 92 51 15 15 15
FEES & CHARGES 1,800 2,100 3,300 3,300 1,800
Total 267 -- CANNERY ROW PARKING VARIANCES 1,892 2,151 3,315 3,315 1,815 Fund 268 -- LOW & MODERATE INCOME ASSET FUND
INTEREST 93,321 492,068 117,646 117,646 7,646
RENTS 55,565 93,849 75,000 75,000 79,000
OTHER REVENUES 12,709 34,941 400,000 400,000 492,000
Total 268 -- LOW & MODERATE INCOME ASSET FUND 161,594 620,858 592,646 592,646 578,646 Fund 269 -- EMERGENCY RENTAL ASSISTANCE PROGRAM
INTERGOVERNMENTAL - 523,899 - - -
Total 269 -- EMERGENCY RENTAL ASSISTANCE PROGRAM - 523,899 - - - Fund 270 -- COMMUNITY DEV BLOCK GRANT FUND
INTERGOVERNMENTAL 213,693 850,544 259,829 259,829 250,000 INTEREST 62,976 180,393 55,023 55,023 151,948
RENTS 508,579 412,926 446,925 446,925 425,000
OTHER REVENUES -9 1,566 400,000 400,000 500,500
Total 270 -- COMMUNITY DEV BLOCK GRANT FUND 785,239 1,445,429 1,161,777 1,161,777 1,327,448 Fund 274 -- HOME GRANT 1992 FUND-CASA DE LA ESTRALLA
INTEREST 5,124 2,064 1,655 1,655 1,655
RENTS 86,185 78,556 85,000 85,000 84,000
OTHER REVENUES 1,171 2,952 - - 2400
Total 274 -- HOME GRANT 1992 FUND-CASA DE LA ESTRALL 92,480 83,572 86,655 86,655 88,055 Fund 277 -- PARK DEDICATION FEES FUND
INTEREST 3,107 67 451 451 451
FEES & CHARGES 36,309
Total 277 -- PARK DEDICATION FEES FUND 39,416 67 451 451 451 Fund 278 -- HOME GRANT 2005 FUND
INTEREST 11,919 2,537 7,121 7,121 3,121
Total 278 -- HOME GRANT 2005 FUND 11,919 2,537 7,121 7,121 3,121 Fund 279 -- SEWER LINE MAINTENANCE FUND
INTEREST 207,365 48,486 51,055 51,055 51,055
FEES & CHARGES 2,435,068 3,909,581 2,305,000 2,305,000 2,475,000 Total 279 -- SEWER LINE MAINTENANCE FUND 2,642,433 3,958,067 2,356,055 2,356,055 2,526,055 Fund 280 -- STORM WATER UTILITY FUND
INTEREST 30,258 7,080 5,540 5,540 5,540
FEES & CHARGES 998,036 1,686,995 1,003,000 1,003,000 1,098,200 OTHER REVENUES 21,007 178,919 45,500 45,500 500
Total 280 -- STORM WATER UTILITY FUND 1,049,301 1,872,994 1,054,040 1,054,040 1,104,240 Fund 281 -- INTEGRATED REGIONAL WATERSHED MANAGEMENT
INTEREST 604 150 185 185 185
Total 281 -- INTEGRATED REGIONAL WATERSHED MANAGE 604 150 185 185 185 Fund 290 -- WATER SYSTEM IMPROV FUND
INTEREST 10,764 2,676 3,293 3,293 3,293
Total 290 -- WATER SYSTEM IMPROV FUND 10,764 2,676 3,293 3,293 3,293 Fund 291 -- PUBLIC SAFETY TRAINING & SVCS
INTERGOVERNMENTAL 67,439 98,778 40,000 40,000 40,000
FEES & CHARGES 50,161 20,395 15,000 15,000 20,000
Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 22, Packet Page 211 SUMMARY OF REVENUES BY TYPE (excludes Transfers-In)
Title FY19/20 Actual FY20/21 Actual
FY21/22
Adopted FY21/22 Amended
FY22/23
Proposed
Total 291 -- PUBLIC SAFETY TRAINING & SVCS 117,599 119,174 55,000 55,000 60,000 Fund 292 -- ASSET SEIZURE FUND
INTERGOVERNMENTAL 399,141 20,845 1,000 1,000 5,000.00
Total 292 -- ASSET SEIZURE FUND 399,141 20,845 1,000 1,000 5,000 Fund 295 -- FEMA FUND
INTERGOVERNMENTAL 30 - - - -
Total 295 -- FEMA FUND 30 - - - -
Fund 298 -- PUBLIC EDUC & GOV ACCESS (PEG)
INTEREST 2,168 77 - - -
Total 298 -- PUBLIC EDUC & GOV ACCESS (PEG) 2,168 77 - - - Fund 299 -- SR CTR PROGRAMS - GARDNER FUND
INTEREST 6,541 361 445 445 445
Total 299 -- SR CTR PROGRAMS - GARDNER FUND 6,541 361 445 445 445 Fund 310 -- DEBT SERVICE FUND
INTEREST 2,496 7,142 4,091 4,091 4091
Total 310 -- DEBT SERVICE FUND 2,496 7,142 4,091 4,091 4,091 Fund 314 -- RDA OBLIGATION RETIREMENT FUND
INTEREST - 462 677 677 677
Total 314 -- RDA OBLIGATION RETIREMENT FUND - 462 677 677 677 Fund 404 -- STATE LOAN
INTEREST 628 (66,366) - - -
Total 404 -- STATE LOAN 628 (66,366) - - -
Fund 405 -- CIP - STATE FUNDING SOURCE
INTERGOVERNMENTAL 1,687,808 125,488 - - -
Total 405 -- CIP - STATE FUNDING SOURCE 1,687,808 125,488 - - - Fund 406 -- FEDERAL STIMULUS PROJECTS
INTERGOVERNMENTAL 1,746,121 8,788 - - -
Total 406 -- FEDERAL STIMULUS PROJECTS 1,746,121 8,788 - - - Fund 407 -- CIP - OTHER FUNDING SOURCE
INTERGOVERNMENTAL 860,346 5,580 - - -
Total 407 -- CIP - OTHER FUNDING SOURCE 860,346 5,580 - - - Fund 408 -- CONFERENCE CENTER RENOVATION
INTEREST 37,761 6,413 - - -
Total 408 -- CONFERENCE CENTER RENOVATION 37,761 6,413 - - - Fund 410 -- CAPITAL PROJECTS FUND

INTERGOVERNMENTAL - - - - -

TRANSFERS IN - - - - -
Total 410 -- CAPITAL PROJECTS FUND - - - - -
Fund 425 -- HIGHWAY 68 IMPROVEMENTS FUND
INTERGOVERNMENTAL (125,000) - - - -
Total 425 -- HIGHWAY 68 IMPROVEMENTS FUND (125,000) - - - - Fund 470 -- SPORTS CENTER EXPANSION FUND
OTHER REVENUES - 100 - - -
Total 470 -- SPORTS CENTER EXPANSION FUND - 100 - - -
Fund 600 -- MARINA FUND
LICENSES & PERMITS 48,920 47,721 44,000 44,000 48,000
INTERGOVERNMENTAL 7,018 - 25,000 25,000 25,000
INTEREST 172,431 51,004 59,811 59,811 59,811
RENTS 398,605 248,870 250,000 250,000 259,325
FEES & CHARGES 2,760,617 2,751,501 2,695,000 2,695,000 2,824,525 OTHER REVENUES 35,905 1,685,295 34,600 34,600 35,800
Total 600 -- MARINA FUND 3,423,497 4,784,392 3,108,411 3,108,411 3,252,461 Fund 610 -- CEMETERY FUND
INTEREST 9,203 (4,203) 508 508 508
FEES & CHARGES 269,233 247,693 245,000 245,000 266,000
OTHER REVENUES 36,211 (1,166) 20,000 20,000 25,000
Total 610 -- CEMETERY FUND 314,647 242,324 265,508 265,508 291,508 Fund 625 -- PARKING FUND
LICENSES & PERMITS 681,694 530,544 512,000 512,000 700,000 FINES & FORFEITURES 808,508 1,048,460 782,600 782,600 1,050,000 INTEREST 439,912 (17,982) 39,184 39,184 39,184
RENTS 421,016 399,665 332,000 332,000 300,000
FEES & CHARGES 7,859,011 4,169,164 6,609,325 6,609,325 8,971,025 OTHER REVENUES 140,451 4,814 120,900 120,900 151,700
Total 625 -- PARKING FUND 10,350,593 6,134,665 8,396,009 8,396,009 11,211,909 Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 23, Packet Page 212 SUMMARY OF REVENUES BY TYPE (excludes Transfers-In)
Title FY19/20 Actual FY20/21 Actual
FY21/22
Adopted FY21/22 Amended
FY22/23
Proposed
Fund 641 -- MATERIALS RECOVERY FACILITY
INTEREST - 291 560 560 560
Total 641 -- MATERIALS RECOVERY FACILITY - 291 560 560 560 Fund 642 -- OCEAN VIEW PLAZA CSD
OTHER REVENUES -10,764 - 7,000 7,000 7,000
Total 642 -- OCEAN VIEW PLAZA CSD -10,764 - 7,000 7,000 7,000 Fund 650 -- PRESIDIO OF MTRY PUBLIC WORKS
INTEREST 7,619 5,022 5,022 5,022
FEES & CHARGES 9,532,386 11,423,114 11,568,492 11,568,492 11,937,070 OTHER REVENUES 2,948,769 6,269,838 10,944,083 12,912,908 8,890,500 Total 650 -- PRESIDIO OF MTRY PUBLIC WORKS 12,481,155 17,700,571 22,517,597 24,486,422 20,832,592 Fund 655 -- NAVY SERVICES FUND
INTEREST (1,368) - -
FEES & CHARGES 280,625 264,447 354,050 354,050 354,050
Total 655 -- NAVY SERVICES FUND 280,625 263,079 354,050 354,050 354,050 Fund 705 -- EQUIPMENT REPLACEMENT FUND
INTEREST 48,892.05 (39,671) - - -
FEES & CHARGES 1,061,872.76 435,459 1,111,807 1,111,807 1,197,686 OTHER REVENUES 9,670.11 93,177 - - -
Total 705 -- EQUIPMENT REPLACEMENT FUND 1,120,435 488,964 1,111,807 1,111,807 1,197,686 Fund 708 -- VEHICLE MAINTENANCE FUND
FEES & CHARGES 2,128,140 2,175,310 2,332,298 2,428,262 2,670,360 OTHER REVENUES - - 91,250 91,250 1,250
Total 708 -- VEHICLE MAINTENANCE FUND 2,128,140 2,175,310 2,423,548 2,519,512 2,671,610 Fund 710 -- INFORMATION SERVICES FUND
FEES & CHARGES 4,003,475 3,898,754 4,366,103 4,366,103 7,374,496 Total 710 -- INFORMATION SERVICES FUND 4,003,475 3,898,754 4,366,103 4,366,103 7,374,496 Fund 715 -- WORKER'S COMP INSURANCE TRUST
FEES & CHARGES 2,834,328 3,496,140 3,651,991 3,651,991 3,934,715 OTHER REVENUES 79,753 749,310 65,000 65,000 65,000
Total 715 -- WORKER'S COMP INSURANCE TRUST 2,914,081 4,245,450 3,716,991 3,716,991 3,999,715 Fund 716 -- LIABILITY & PROPERTY INSURANCE
FEES & CHARGES 1,239,739 2,466,074 3,161,530 3,161,530 3,783,620 OTHER REVENUES -291,809 275,249 - - 50,000
Total 716 -- LIABILITY & PROPERTY INSURANCE 947,930 2,741,323 3,161,530 3,161,530 3,833,620 Fund 718 -- EMPLOYEE BENEFIT FUND
FEES & CHARGES 9,246,732 8,025,626 10,258,879 10,258,879 10,738,657 OTHER REVENUES 2,688
Total 718 -- EMPLOYEE BENEFIT FUND 9,249,421 8,025,626 10,258,879 10,258,879 10,738,657 Fund 807 -- TIDELANDS TRUST FUND
INTEREST 212,546 21,781 42,374 42,374 45,000
RENTS 2,895,139 2,642,082 2,446,137 2,446,137 2,436,741 FEES & CHARGES 247,731 189,116 315,911 315,911 211,191
OTHER REVENUES 14,398 - - -
Total 807 -- TIDELANDS TRUST FUND 3,369,813 2,852,979 2,804,422 2,804,422 2,692,932 Fund 810 -- LIBRARY TRUST FUND
INTERGOVERNMENTAL 6,000 - - - 79,200
INTEREST 13,588 4,830 5,400 5,400 6,000
FEES & CHARGES 7,487 30 - 2,100 3,100
OTHER REVENUES 106,919 225,590 - 96,000 81,000
Total 810 -- LIBRARY TRUST FUND 133,994 230,450 5,400 103,500 169,300 Fund 818 -- MUSEUM TRUST FUND
INTEREST 7,438 1,214 3,004 3,004 3,000
OTHER REVENUES 10,844 1,779 - - 8,200
Total 818 -- MUSEUM TRUST FUND 18,282 2,993 3,004 3,004 11,200 Fund 821 -- SCHOLZE PARK TRUST FUND
INTEREST 39,459 28,774 11,678 11,678 15,000
Total 821 -- SCHOLZE PARK TRUST FUND 39,459 28,774 11,678 11,678 15,000 Fund 822 -- SCHOLZE PLAYGROUND TRUST FUND
INTEREST 39,458 8,941 11,666 11,666 15,000
Total 822 -- SCHOLZE PLAYGROUND TRUST FUND 39,458 8,941 11,666 11,666 15,000 Fund 900 -- SPECIAL DEPOSITS FUND
INTEREST 1,798 1,351 - - -
Total 900 -- SPECIAL DEPOSITS FUND 1,798 1,351 - - -
Fund 918 -- CONF CTR FACILITIES DIST 2013-1
Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 24, Packet Page 213 SUMMARY OF REVENUES BY TYPE (excludes Transfers-In)
Title FY19/20 Actual FY20/21 Actual
FY21/22
Adopted FY21/22 Amended
FY22/23
Proposed
CONF CTR FACILITIES DIST TAX 5,075,436 2,385,918 2,824,971 2,824,971 4,861,830 INTEREST 136,390 28,443 30,774 30,774 35,000
Total 918 -- CONF CTR FACILITIES DIST 2013-1 5,211,826 2,414,361 2,855,745 2,855,745 4,896,830 Fund 961 -- GOLDEN 55 TRAVELERS FUND
OTHER TAXES 33,008 - - - -
Total 961 -- GOLDEN 55 TRAVELERS FUND 33,008 - - - -
Total 163,468,185 146,240,101 164,879,852 177,791,289 187,676,483 Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 25, Packet Page 214

SUMMARY OF OPERATING EXPENDITURES BY FUND
(excludes CIP Budgets and Transfers-Out)
Fund Title
FY19/20
Actual
FY20/21
Actual
FY21/22
Adopted
FY21/22
Amended
FY22/23
Proposed
101 101 GENERAL FUND $ 78,914,774 $ 67,639,994 $ 78,752,988 $ 84,620,597 88,966,135 210 210 WHARF I SPRINKLER SYSTEM FUND 9,877 62,010 75,000 75,000 75,000 215 215 SKYLINE FOREST SERVICE DIST 17,317 20,819 17,135 24,515 7,416 216 216 NEIGHBORHOOD IMPROVEMENT FUND 2,699,382 2,681,194 417,723 7,827,594 390,356 241 241 FEDERAL/STATE PROJECTS FUND 100,444 (37) - 239,560 - 251 251 GAS TAX FUND - 15,000 20,000 73,143 20,000
255 CONSTRUCTION TRUCK IMPACT FEE FUND - - - 113,025
261 261 ALVARADO STREET MAINT DISTRICT 104,523 95,739 103,666 29,872 106,206 262 262 CALLE PRINCIPAL MAINT DISTRICT 30,616 25,068 26,963 326,002 27,560 268 268 LOW & MODERATE INCOME ASSET FUND 190,000 558,991 326,110 895,477 366,765 269 269 EMERGENCY RENTAL ASSISTANCE PROGRAM - 353,223 - 1,370,109 431,419 270 270 COMMUNITY DEV BLOCK GRANT FUND 923,910 1,460,109 1,243,668 125,338 1,515,084 274 274 HOME GRANT 1992 FUND-CASA DE LA ESTRALLA 90,382 37,344 125,340 - 278 278 HOME GRANT 2005 FUND - - - 2,786,841 35,000
279 279 SEWER LINE MAINTENANCE FUND 1,899,710 2,200,991 2,701,992 1,433,693 2,902,064 280 280 STORM WATER UTILITY FUND 1,076,630 1,317,031 1,288,292 25,750 1,362,102 290 290 WATER SYSTEM IMPROV FUND - - 25,750 104,880
291 291 PUBLIC SAFETY TRAINING & SVCS 105,371 81,845 66,275 10,000 133,500 292 292 ASSET SEIZURE FUND - - - - -
299 299 SR CTR PROGRAMS - GARDNER FUND 8,877 - 12,500 12,500 12,500 310 310 DEBT SERVICE FUND 543,875 543,918 549,067 551,318 541,635 314 314 RDA OBLIGATION RETIREMENT FUND 6,999 2,853 - 2,298 404 404 STATE LOAN - 89,223 - 3,728,388
408 408 CONFERENCE CENTER RENOVATION 524,771 86,753 - 3,912,208 410 410 CAPITAL PROJECTS FUND 19,279,137 13,368,819 1,497,975 95,295,722 600 600 MARINA FUND 1,990,253 2,591,886 2,292,291 2,364,675 2,699,463 610 610 CEMETERY FUND 790,189 635,360 481,963 536,516 505,083 625 625 PARKING FUND 8,853,718 6,396,597 8,848,883 9,479,890 7,937,406 641 641 MATERIALS RECOVERY FACILITY 102,823 102,823 8,040 10,291 13,830 642 642 OCEAN VIEW PLAZA CSD 7,186 7,586 27,000 27,000 7,800 650 650 PRESIDIO OF MTRY PUBLIC WORKS 17,118,017 18,213,408 14,322,703 27,665,815 14,735,762 655 655 NAVY SERVICES FUND 198,845 330,534 354,050 354,050 300,000 705 705 EQUIPMENT REPLACEMENT FUND 1,130,336 (167,943) 1,011,865 1,495,006 972,219 708 708 VEHICLE MAINTENANCE FUND 2,444,627 2,364,646 2,410,835 2,620,491 2,738,193 710 710 INFORMATION SERVICES FUND 4,474,841 3,636,211 3,736,114 5,293,355 7,089,449 715 715 WORKER'S COMP INSURANCE TRUST 2,899,140 3,812,847 3,717,465 3,717,277 437,111 716 716 LIABILITY & PROPERTY INSURANCE 1,872,460 3,361,157 2,387,169 3,419,743 4,030,553 718 718 EMPLOYEE BENEFIT FUND 8,979,853 8,572,724 10,258,879 10,258,879 10,338,990 807 807 TIDELANDS TRUST FUND 2,979,962 3,079,128 3,440,455 3,624,358 3,500,441 810 810 LIBRARY TRUST FUND 114,774 206,685 178,061 309,744 253,748 818 818 MUSEUM TRUST FUND 2,357 - 6,450 6,450 5,150
918 918 CONF CTR FACILITIES DIST 2013-1 5,154,230 2,571,705 3,558,058 3,558,058 3,612,058 961 961 GOLDEN 55 TRAVELERS FUND 21,490 - 50,122 50,122 - GFA GENERAL FIXED ASSET GROUP 5,264,836 5,438,884
TOTAL $ 170,926,528 $ 151,795,126 $ 144,340,847 $ 278,375,551 $156,069,998 Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 26, Packet Page 215

SUMMARY OF GENERAL FUND OPERATING EXPENDITURES BY DEPARTMENT (excludes CIP Budgets and Transfers-Out)
Fund Department & Divisions
FY19/20
Actual
FY20/21
Actual
FY21/22
Adopted
FY21/22
Amended
FY22/23
Proposed
Fund 101 -- GENERAL FUND
COM DEV -- Community Development
4400 PLANNING & BLDG INSPECT ECON DEVELOP $ 2,163,170 1,914,778 1,921,044 1,966,658 $ 3,280,112 4410 BUILDING SAFETY AND INSPECTION 1,319,506 1,269,454 1,265,082 641,467 1,526,714 4440 ECONOMIC DEVELOPMENT 92,228 81,596 116,500 116,500 93,500 4300 PROPERTY MGMT 253,713 234,748 263,171 263,133 325,336 Total COM DEV -- Community Development 3,828,617 3,500,576 3,565,798 2,987,758 5,225,662 FIRE -- Fire
2510 FIRE - ADMINISTRATION 1,814,985 1,769,713 1,757,880 1,787,700 1,924,884 2520 FIRE - PREVENTION 443,064 297,218 280,835 413,686 704,768 2530 FIRE - OPERATIONS 20,499,712 20,564,269 20,899,041 22,272,853 23,222,200 2540 FIRE - TRAINING 307,227 187,563 199,510 209,510 218,341 2550 FIRE - EMERGENCY PREPAREDNESS 121,194 98,889 70,373 57,671 70,212 Total FIRE -- Fire 23,186,182 22,917,652 23,207,639 24,741,420 26,140,405 GenGov -- General Government
0100 MAYOR/COUNCIL 121,719 121,990 118,650 118,650 108,315 0210 CITY MANAGER-ADMINISTRATION 914,945 834,794 1,071,391 1,185,092 1,073,302 0211 COMMUNICATIONS & OUTREACH 304,635 239,573 259,410 259,261 227,101 0321 CITY CLERK 597,247 507,360 473,968 462,333 672,309 0500 CITY ATTORNEY 1,097,710 1,143,369 1,212,072 1,211,773 1,231,566 0600 HUMAN RESOURCES 842,422 859,301 921,017 920,451 1,037,568 1110 FINANCE ADMINISTRATION 674,781 634,185 727,860 989,595 1,072,912 1120 REVENUE DIVISION 772,048 805,775 908,415 908,415 1,024,100 1130 ACCOUNTING DIVISION 1,415,536 1,249,347 1,473,098 1,473,098 1,642,598 9110 NON-DEPARTMENTAL 229,496 207,127 351,633 371,633 99,943 9111 REOPENING & HIRING FUND - - 135,000 245,000 -
9113 COMMUNITY PROMOTION - CITYWIDE 153,697 - 172,623 172,623 40,000 9114 INTERGOVERNMENTAL RELATIONS 194,910 170,169 43,421 43,421 - 9115 COMMUNITY PROMOTION - JULY 4TH - - - - 46,083
Total GenGov -- General Government 7,319,146 6,772,991 7,868,558 8,361,344 8,229,714 Libr-Mus -- Library & Museum
5510 LIBRARY ADMINISTRATION 1,103,188 784,293 776,754 806,444 973,028 5520 SUPPORT SERVICES 449,204 218,926 485,927 622,728 491,203 5530 REFERENCE SERVICES 345,240 167,123 244,861 244,637 333,621 5540 YOUTH SERVICES 292,932 12,175 156,875 288,961 417,039 5550 READERS' SERVICES 553,197 123,289 485,227 231,443 400,015 5610 MUSEUM 381,950 110,469 200,837 200,706 208,941
5640 PRESIDIO HISTORIC PARK/MUSEUM 16,686 18,961 25,926 25,926 33,017 Total Libr-Mus -- Library & Museum 3,125,711 1,416,275 2,350,481 2,394,919 2,823,847 MCC -- Monterey Conf Center
6210 CONFERENCE CENTER-ADMIN 746,725 631,301 675,234 675,009 834,322 6220 CONFERENCE CENTER SALES 516,781 213,582 447,450 447,300 365,202 6231 CONFERENCE CENTER - EVENT OPERATIONS 1,273,648 327,995 873,070 1,107,768 1,404,915 6232 CONFERENCE CENTER - BUILDING MAINTENANCE 297,607 166,778 459,053 535,660 341,805 6234 CONFERENCE CTR - LANDSCAPE/GENERAL MAINT 245,668 218,705 222,270 222,270 16,500 6240 CONFERENCE CENTER - VISITOR PROMOTION 989,405 992,405 992,405 992,405 1,500,000 Total MCC -- Monterey Conf Center 4,069,834 2,550,766 3,669,482 3,980,412 4,462,744 P&R -- Parks & Recr
5210 PARKS 3,351,048 3,384,550 4,240,126 4,223,149 3,426,238 5230 URBAN FORESTRY 857,048 856,337 968,313 968,107 1,179,341 3240 PAY LOCATION/CEMETERY -
5110 PARKS & RECREATION ADMINISTRATION 996,298 560,901 796,785 800,224 816,466 5121 RECREATION - MONTEREY YOUTH CENTER 429,630 245,533 363,497 363,310 412,192 Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 27, Packet Page 216

SUMMARY OF GENERAL FUND OPERATING EXPENDITURES BY DEPARTMENT (excludes CIP Budgets and Transfers-Out)
Fund Department & Divisions
FY19/20
Actual
FY20/21
Actual
FY21/22
Adopted
FY21/22
Amended
FY22/23
Proposed
Fund 101 -- GENERAL FUND
5122 RECREATION - SCHOLZE PARK CENTER 285,548 78,408 258,364 258,233 221,852 5123 RECREATION - ARCHER PARK CENTER 3,862 4,235 1,910 1,910 3,330 5124 RECREATION - HILLTOP PARK CENTER 405,276 141,747 413,720 415,710 374,386 5125 RECREATION - CASANOVA OAK KNOLL PARK CTR 415,848 253,196 73,081 67,804 30,328 5130 RECREATION - SPECIAL PROGRAMS & EVENTS 359,826 99,567 524,828 524,697 650,615 5160 RECREATION - SPORTS 252,254 78,312 216,559 269,007 547,192 5180 MONTEREY SPORTS CENTER 5,158,661 1,522,224 3,281,148 3,541,198 3,581,872 5189 SPORTS CENTER - BLDG MAINT. 454,271 230,471 604,067 658,065 597,778 9115 COMMUNITY PROMOTION - JULY 4TH 20,897
Total P&R -- Parks & Recr 12,990,467 7,455,481 11,742,397 12,091,415 11,841,590 POLICE -- Police
2110 POLICE - OFFICE OF THE CHIEF 3,391,998 3,189,575 4,475,316 4,480,789 4,018,509 2120 PATROL DIVISION 11,362,241 10,215,261 11,027,641 11,215,305 13,183,199 2130 ADMINISTRATION DIVISION 2,100,779 1,976,167 2,040,196 2,038,245 2,655,373 2140 INVESTIGATION/SPECIAL OPERATIONS DIVISIO 1,827,997 1,634,331 2,017,005 2,059,619 2,221,519 Total POLICE -- Police 18,683,015 17,015,333 19,560,159 19,793,957 22,078,600 PW -- Public Works
3110 PUBLIC WORKS ADMINISTRATION 723,278 833,210 873,631 880,417 979,122 3121 ENGINEERING DESIGN SECTION 618,280 1,265,856 1,417,918 1,420,731 2,103,557 3140 CAPITAL PROJECTS DIVISION 2,935 8,452 - - -
3151 STREET MAINTENANCE & UTILITIES 1,669,431 1,626,669 1,990,139 1,980,811 2,014,748 3152 BUILDING MAINTENANCE 1,402,869 1,222,071 1,310,942 1,645,356 1,733,364 3172 CUSTODIAL SERVICES 1,278,324 1,035,700 1,169,919 1,169,115 1,253,682 Total PW -- Public Works 5,695,117 5,991,959 6,762,549 7,096,430 8,084,473 Total 101 -- GENERAL FUND 78,914,775 67,639,994 78,752,988 81,473,582 88,966,135 Total $ 78,914,775 $ 67,639,994 $ 78,752,988 $ 81,473,582 $ 88,966,135 Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 28, Packet Page 217

SUMMARY OF OPERATING EXPENDITURES BY FUND AND DIVISION
(excludes CIP Budgets and Transfers-Out)
Fund Title
FY19/20
Actual
FY20/21
Actual
FY21/22
Adopted
FY21/22
Amended
FY22/23
Proposed
Fund 101 -- GENERAL FUND
0100 MAYOR/COUNCIL $ 121,719 $ 121,990 $ 118,650 $ 118,650 $ 108,315 0210 CITY MANAGER-ADMINISTRATION 914,945 834,794 1,071,391 1,185,092 1,073,302 0211 COMMUNICATIONS & OUTREACH 304,635 239,573 259,410 259,261 227,101 0321 CITY CLERK 597,247 507,360 473,968 462,333 672,309 0500 CITY ATTORNEY 1,097,710 1,143,369 1,212,072 1,211,773 1,231,566 0600 HUMAN RESOURCES 842,422 859,301 921,017 920,451 1,037,568 1110 FINANCE ADMINISTRATION 674,781 634,185 727,860 989,595 1,072,912 1120 REVENUE DIVISION 772,048 805,775 908,415 908,415 1,024,100 1130 ACCOUNTING DIVISION 1,415,536 1,249,347 1,473,098 1,473,098 1,642,598 2110 POLICE - OFFICE OF THE CHIEF 3,391,998 3,189,575 4,475,316 4,480,789 4,018,509 2120 PATROL DIVISION 11,362,241 10,215,261 11,027,641 11,215,305 13,183,199 2130 ADMINISTRATION DIVISION 2,100,779 1,976,167 2,040,196 2,038,245 2,655,373 2140 INVESTIGATION/SPECIAL OPERATIONS DIVISIO 1,827,997 1,634,331 2,017,005 2,059,619 2,221,519 2510 FIRE - ADMINISTRATION 1,814,985 1,769,713 1,757,880 1,787,700 1,924,884 2520 FIRE - PREVENTION 443,064 297,218 280,835 413,686 704,768 2530 FIRE - OPERATIONS 20,499,712 20,564,269 20,899,041 22,272,853 23,222,200 2540 FIRE - TRAINING 307,227 187,563 199,510 209,510 218,341 2550 FIRE - EMERGENCY PREPAREDNESS 121,194 98,889 70,373 57,671 70,212 3110 PUBLIC WORKS ADMINISTRATION 723,278 833,210 873,631 880,417 979,122 3121 ENGINEERING DESIGN SECTION 618,280 1,265,856 1,417,918 1,420,731 2,103,557 3140 CAPITAL PROJECTS DIVISION 2,935 8,452 - - -
3151 STREET MAINTENANCE & UTILITIES 1,669,431 1,626,669 1,990,139 1,980,811 2,014,748 3152 BUILDING MAINTENANCE 1,402,869 1,222,071 1,310,942 1,645,356 1,733,364 3172 CUSTODIAL SERVICES 1,278,324 1,035,700 1,169,919 1,169,115 1,253,682 4300 PROPERTY MGMT 253,713 234,748 263,171 263,133 325,336 4400 PLANNING & BLDG INSPECT ECON DEVELOP 2,163,170 1,914,778 1,921,044 1,966,658 3,280,112 4410 BUILDING SAFETY AND INSPECTION 1,319,506 1,269,454 1,265,082 641,467 1,526,714 4440 ECONOMIC DEVELOPMENT 92,228 81,596 116,500 116,500 93,500 5110 PARKS & RECREATION ADMINISTRATION 996,298 560,901 796,785 800,224 816,466 5121 RECREATION - MONTEREY YOUTH CENTER 429,630 245,533 363,497 363,310 412,192 5122 RECREATION - SCHOLZE PARK CENTER 285,548 78,408 258,364 258,233 221,852 5123 RECREATION - ARCHER PARK CENTER 3,862 4,235 1,910 1,910 3,330 5124 RECREATION - HILLTOP PARK CENTER 405,276 141,747 413,720 415,710 374,386 5125 RECREATION - CASANOVA OAK KNOLL PARK CTR 415,848 253,196 73,081 67,804 30,328 5130 RECREATION - SPECIAL PROGRAMS & EVENTS 359,826 99,567 524,828 524,697 650,615 5160 RECREATION - SPORTS 252,254 78,312 216,559 269,007 547,192 5180 MONTEREY SPORTS CENTER 5,158,661 1,522,224 3,281,148 3,541,198 3,581,872 5189 SPORTS CENTER - BLDG MAINT. 454,271 230,471 604,067 658,065 597,778 5210 PARKS 3,351,048 3,384,550 4,240,126 4,223,149 3,426,238 5230 URBAN FORESTRY 857,048 856,337 968,313 968,107 1,179,341 5510 LIBRARY ADMINISTRATION 1,103,188 784,293 776,754 806,444 973,028 5520 SUPPORT SERVICES 449,204 218,926 485,927 622,728 491,203 5530 REFERENCE SERVICES 345,240 167,123 244,861 244,637 333,621 5540 YOUTH SERVICES 292,932 12,175 156,875 288,961 417,039 5550 READERS' SERVICES 553,197 123,289 485,227 231,443 400,015 5610 MUSEUM 381,950 110,469 200,837 200,706 208,941
5640 PRESIDIO HISTORIC PARK/MUSEUM 16,686 18,961 25,926 25,926 33,017 6210 CONFERENCE CENTER-ADMIN 746,725 631,301 675,234 675,009 834,322 6220 CONFERENCE CENTER SALES 516,781 213,582 447,450 447,300 365,202 6230 CONFERENCE CENTER - OPERATIONS
6231 CONFERENCE CENTER - EVENT OPERATIONS 1,273,648 327,995 873,070 1,107,768 1,404,915 6232 CONFERENCE CENTER - BUILDING MAINTENANCE 297,607 166,778 459,053 535,660 341,805 6234 CONFERENCE CTR - LANDSCAPE/GENERAL MAINT 245,668 218,705 222,270 222,270 16,500 6240 CONFERENCE CENTER - VISITOR PROMOTION 989,405 992,405 992,405 992,405 1,500,000 9110 NON-DEPARTMENTAL 229,496 207,127 351,633 371,633 99,943 Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 29, Packet Page 218

SUMMARY OF OPERATING EXPENDITURES BY FUND AND DIVISION
(excludes CIP Budgets and Transfers-Out)
Fund Title
FY19/20
Actual
FY20/21
Actual
FY21/22
Adopted
FY21/22
Amended
FY22/23
Proposed
9111 REOPENING & HIRING FUND - - 135,000 245,000 -
9113 COMMUNITY PROMOTION - CITYWIDE 153,697 - 172,623 172,623 40,000 9114 INTERGOVERNMENTAL RELATIONS 194,910 170,169 43,421 43,421 - 9115 COMMUNITY PROMOTION - JULY 4TH 20,897 - - - 46,083 Total 101 -- GENERAL FUND 78,914,775 67,639,994 78,752,988 81,473,582 88,966,135 Fund 210 -- WHARF I SPRINKLER SYSTEM FUND
3420 HARBOR TIDELANDS MAINTENANCE 9,877 62,010 75,000 75,000 75,000 Total 210 -- WHARF I SPRINKLER SYSTEM FUND 9,877 62,010 75,000 75,000 75,000 Fund 215 -- SKYLINE FOREST SERVICE DIST
5210 PARKS 17,317 20,819 17,135 17,135 7,416
Total 215 -- SKYLINE FOREST SERVICE DIST 17,317 20,819 17,135 17,135 7,416 Fund 216 -- NEIGHBORHOOD IMPROVEMENT FUND
3110 PUBLIC WORKS ADMINISTRATION 449,066 197,633 241,911 241,836 214,544 3140 CAPITAL PROJECTS DIVISION - 0 175,812 175,812 175,812 3199 PROJECT ACCOUNTING ROLL-UP 2,250,315 2,483,561 0 6,887,947 - Total 216 -- NEIGHBORHOOD IMPROVEMENT FUND 2,699,382 2,681,194 417,723 7,305,595 390,356 Fund 241 -- FEDERAL/STATE PROJECTS FUND
3121 ENGINEERING DESIGN SECTION 100,444 (37) - 239,560 - Total 241 -- FEDERAL/STATE PROJECTS FUND 100,444 (37) - 239,560 - Fund 251 -- GAS TAX FUND
3121 ENGINEERING DESIGN SECTION - 15,000 0 0 20,000
3151 STREET MAINTENANCE & UTILITIES - 0 20,000 73,143 - Total 251 -- GAS TAX FUND - 15,000 20,000 73,143 20,000 Fund 261 -- ALVARADO STREET MAINT DISTRICT
5210 PARKS 104,523 95,739 103,666 103,644 106,206
Total 261 -- ALVARADO STREET MAINT DISTRICT 104,523 95,739 103,666 103,644 106,206 Fund 262 -- CALLE PRINCIPAL MAINT DISTRICT
5210 PARKS 30,616 25,068 26,963 26,956 27,560
Total 262 -- CALLE PRINCIPAL MAINT DISTRICT 30,616 25,068 26,963 26,956 27,560 Fund 268 -- LOW & MODERATE INCOME ASSET FUND
4305 HOUSING ADMINISTRATION 187,773 183,066 322,410 322,302 366,765 4310 HOUSING PROJECTS 2,225 375,920 - - -
4315 HOUSING TRUST 3 4 3,700 3,700 -
Total 268 -- LOW & MODERATE INCOME ASSET FUND 190,000 558,991 326,110 326,002 366,765 Fund 269 -- EMERGENCY RENTAL ASSISTANCE PROGRAM
4310 HOUSING PROJECTS - 353,223 - 895,477 431,419
Total 269 -- EMERGENCY RENTAL ASSISTANCE PROGRAM - 353,223 - 895,477 431,419 Fund 270 -- COMMUNITY DEV BLOCK GRANT FUND
4300 PROPERTY MGMT 5,859 5,787 4,000 4,000 59,500
4305 HOUSING ADMINISTRATION 287,048 264,270 300,196 300,155 426,460 4310 HOUSING PROJECTS 631,004 1,190,052 939,472 932,126 1,029,124 Total 270 -- COMMUNITY DEV BLOCK GRANT FUND 923,910 1,460,109 1,243,668 1,236,280 1,515,084 Fund 274 -- HOME GRANT 1992 FUND-CASA DE LA ESTRALLA
4300 PROPERTY MGMT 88,565 37,244 124,968 101,186 -
4310 HOUSING PROJECTS 1,817 100 372 370 -
Total 274 -- HOME GRANT 1992 FUND-CASA DE LA ESTRALLA 90,382 37,344 125,340 101,555 - Fund 278 -- HOME GRANT 2005 FUND
4300 PROPERTY MGMT 35,000
Total 278 -- HOME GRANT 2005 FUND - - - - 35,000
Fund 279 -- SEWER LINE MAINTENANCE FUND
3121 ENGINEERING DESIGN SECTION 126,198 184,083 354,361 354,268 428,173 3153 SEWER LINE MAINTENANCE 1,678,025 2,016,908 2,347,631 2,347,225 2,473,891 Total 279 -- SEWER LINE MAINTENANCE FUND 1,804,222 2,200,991 2,701,992 2,701,493 2,902,064 Fund 280 -- STORM WATER UTILITY FUND
3121 ENGINEERING DESIGN SECTION 634,131 717,241 720,828 720,566 715,246 Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 30, Packet Page 219

SUMMARY OF OPERATING EXPENDITURES BY FUND AND DIVISION
(excludes CIP Budgets and Transfers-Out)
Fund Title
FY19/20
Actual
FY20/21
Actual
FY21/22
Adopted
FY21/22
Amended
FY22/23
Proposed
3155 STORM DRAIN MAINTENANCE 442,499 599,790 567,464 556,084 646,856 Total 280 -- STORM WATER UTILITY FUND 1,076,630 1,317,031 1,288,292 1,276,650 1,362,102 Fund 290 -- WATER SYSTEM IMPROV FUND
2520 FIRE - PREVENTION - - 25,750 25,750 -
Total 290 -- WATER SYSTEM IMPROV FUND - - 25,750 25,750 - Fund 291 -- PUBLIC SAFETY TRAINING & SVCS
2530 FIRE - OPERATIONS 103,745 78,425 35,000 71,767 106,000 2540 FIRE - TRAINING 1,626 3,420 31,275 31,200 27,500
Total 291 -- PUBLIC SAFETY TRAINING & SVCS 105,371 81,845 66,275 102,967 133,500 Fund 299 -- SR CTR PROGRAMS - GARDNER FUND
5122 RECREATION - SCHOLZE PARK CENTER 8,877 - 12,500 12,500 12,500 Total 299 -- SR CTR PROGRAMS - GARDNER FUND 8,877 - 12,500 12,500 12,500 Fund 310 -- DEBT SERVICE FUND
7012 DEBT SERVICE - LEASE REV.BONDS 543,875 543,918 549,067 549,067 541,635 Total 310 -- DEBT SERVICE FUND 543,875 543,918 549,067 549,067 541,635 Fund 314 -- RDA OBLIGATION RETIREMENT FUND
7012 DEBT SERVICE - LEASE REV.BONDS 6,999 2,853.00 - - - Total 314 -- RDA OBLIGATION RETIREMENT FUND 6,999 2,853 - - - Fund 404 -- STATE LOAN
3199 PROJECT ACCOUNTING ROLL-UP - 89,223 - 3,728,388 -
Total 404 -- STATE LOAN - 89,223 - 3,728,388 -
Fund 408 -- CONFERENCE CENTER RENOVATION
3199 PROJECT ACCOUNTING ROLL-UP 524,771 86,753 - 3,586,618 - Total 408 -- CONFERENCE CENTER RENOVATION 524,771 86,753 - 3,586,618 - Fund 410 -- CAPITAL PROJECTS FUND
3199 PROJECT ACCOUNTING ROLL-UP 22,602,617 15,514,035 1,497,975 0 - ZZ99 CIP CONTRA EXP./FIXED ASSETS (3,323,480) -2,145,216 - - - Total 410 -- CAPITAL PROJECTS FUND 19,279,137 13,368,819 1,497,975 - - Fund 600 -- MARINA FUND
3310 MARINA ADMINISTRATION 620,400 642,202 828,792 838,576 1,009,963 3320 MARINA MAINTENANCE 1,381,124 1,444,197 780,905 843,713 957,002 3330 MARINA SECURITY 349,803 388,692 357,248 357,041 407,153 7014 DEBT SERVICE - LOANS 75,513 116,793 325,346 325,346 325,345 Total 600 -- MARINA FUND 2,426,840 2,591,886 2,292,291 2,364,675 2,699,463 Fund 610 -- CEMETERY FUND
5240 PAY LOCATION/CEMETERY 437,602 635,360 481,963 481,883 505,083 7012 DEBT SERVICE - LEASE REV.BONDS -
Total 610 -- CEMETERY FUND 437,602 635,360 481,963 481,883 505,083 Fund 625 -- PARKING FUND
3510 PARKING ADMINISTRATION 3,796,651 1,970,232 2,412,394 2,342,343 2,467,335 3520 PARKING ENFORCEMENT PROGRAM (475,330) 183,219 1,624,075 1,692,039 1,750,692 3530 PARKING MAINTENANCE PROGRAM 2,656,545 2,949,300 1,910,768 1,910,095 2,519,308 3540 ATTENDANT/CASHIER/SECURITY 1,122,782 942,002 1,233,402 1,226,720 997,301 5210 PARKS 34,397 116,856 102,586 102,586 202,770
7012 DEBT SERVICE - LEASE REV.BONDS 300,000 - 300,000 300,000 - 7014 DEBT SERVICE - LOANS 279,371 234,988 1,265,659 1,265,659 - 9110 NON-DEPARTMENTAL 480,000 - - - -
Total 625 -- PARKING FUND 8,194,416 6,396,597 8,848,883 8,839,442 7,937,406 Fund 641 -- MATERIALS RECOVERY FACILITY
3110 PUBLIC WORKS ADMINISTRATION 102,823 102,822.98 8,040 8,040 13,830 Total 641 -- MATERIALS RECOVERY FACILITY 102,823 102,823 8,040 8,040 13,830 Fund 642 -- OCEAN VIEW PLAZA CSD
1110 FINANCE ADMINISTRATION 7,186 7,586.20 27,000 27,000 7,800 Total 642 -- OCEAN VIEW PLAZA CSD 7,186 7,586 27,000 27,000 7,800 Fund 650 -- PRESIDIO OF MTRY PUBLIC WORKS
Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 31, Packet Page 220

SUMMARY OF OPERATING EXPENDITURES BY FUND AND DIVISION
(excludes CIP Budgets and Transfers-Out)
Fund Title
FY19/20
Actual
FY20/21
Actual
FY21/22
Adopted
FY21/22
Amended
FY22/23
Proposed
3110 PUBLIC WORKS ADMINISTRATION 1,956,382 2,057,325 1,123,205 1,122,981 1,227,148 3151 STREET MAINTENANCE & UTILITIES 364,589 395,587 404,532 404,283 418,388 3152 BUILDING MAINTENANCE 5,653,489 6,115,258 7,660,215 7,347,886 7,283,898 3155 STORM DRAIN MAINTENANCE 42,652 56,992 81,895 81,895 90,174 3158 SEASIDE PASSTHROUGH 1,094,510 589,375 1,000,000 1,000,000 1,000,000 3159 PROJECT ENGINEERING & ADMIN 300,425 277,754 294,336 294,149 314,491 3161 DEFENSE MANPOWER DATA CENTER 302,447 299,728 515,292 491,637 522,920 3163 USASA CAMP ROBERTS 771,778 1,002,051 1,149,841 1,149,692 1,495,925 3164 NAVAL RESEARCH LAB CAMP ROBERTS 286,929 228,447 361,927 361,853 532,530 3165 REFUSE CONTRACTS 551,554 752,876 900,000 900,000 960,000 3199 PROJECT ACCOUNTING ROLL-UP 5,567,247 6,101,488 478,600 11,996,658 495,067 3210 PARKS 226,015 336,527 352,859 352,745 395,221
Total 650 -- PRESIDIO OF MTRY PUBLIC WORKS 17,118,017 18,213,408 14,322,703 25,503,779 14,735,762 Fund 655 -- NAVY SERVICES FUND
3140 CAPITAL PROJECTS DIVISION - - 54,050 54,050 -
3165 REFUSE CONTRACTS 198,845 330,534 300,000 300,000 300,000 Total 655 -- NAVY SERVICES FUND 198,845 330,534 354,050 354,050 300,000 Fund 705 -- EQUIPMENT REPLACEMENT FUND
1130 ACCOUNTING DIVISION 1,188,656 -184,034.39 902,500.00 902,500.00 857,500 7014 DEBT SERVICE - LOANS 17,386 16,091.69 109,365.00 109,365.00 114,719 Total 705 -- EQUIPMENT REPLACEMENT FUND 1,206,042 (167,943) 1,011,865 1,011,865 972,219 Fund 708 -- VEHICLE MAINTENANCE FUND
3154 VEHICLE MANAGEMENT 2,137,457 2,364,247.43 2,409,318.99 2,408,792.01 2,737,693 3156 COMPRESSED NATURAL GAS STATION 1,344 398.24 1,516.00 1,516.00 500 Total 708 -- VEHICLE MAINTENANCE FUND 2,138,801 2,364,646 2,410,835 2,410,308 2,738,193 Fund 710 -- INFORMATION SERVICES FUND
0340 INFORMATION SERVICES 3,982,730 3,636,211.12 3,736,114.03 4,929,955.42 7,089,449 G011 SOFTWARE 36,670 -
Total 710 -- INFORMATION SERVICES FUND 4,019,399 3,636,211 3,736,114 4,929,955 7,089,449 Fund 715 -- WORKER'S COMP INSURANCE TRUST
0612 WORKERS' COMP INSURANCE 2,513,349 3,812,846.90 3,717,464.66 3,717,276.76 437,111 Total 715 -- WORKER'S COMP INSURANCE TRUST 2,513,349 3,812,847 3,717,465 3,717,277 437,111 Fund 716 -- LIABILITY & PROPERTY INSURANCE
1143 RISK MANAGEMENT 1,874,499 3,361,157.09 2,387,169.37 3,380,994.33 4,030,553 Total 716 -- LIABILITY & PROPERTY INSURANCE 1,874,499 3,361,157 2,387,169 3,380,994 4,030,553 Fund 718 -- EMPLOYEE BENEFIT FUND
0614 SALARY CONTINUATION -
0615 HEALTH INSURANCE 7,694,599 6,760,232.37 8,513,377.00 8,513,377.00 8,783,665 0616 VISION INSURANCE 79,735 70,683.78 112,173.00 112,173.00 80,665 0617 DENTAL INSURANCE 630,100 681,161.67 891,035.00 891,035.00 725,665 0618 EMPLOYEE ASSISTANCE PLAN 41,604 28,976.76 87,948.00 87,948.00 31,665 0619 LIFE INSURANCE 116,355 116,565.97 124,698.00 124,698.00 135,665 0620 LONG TERM DISABILITY 320,554 259,555.74 339,948.00 339,948.00 341,665 0622 UNEMPLOYMENT 10,247 564,400.92 102,400.00 102,400.00 150,000 0623 NON-PAYROLL BENEFITS 86,659 91,147.09 87,300.00 87,300.00 90,000 Total 718 -- EMPLOYEE BENEFIT FUND 8,979,853 8,572,724 10,258,879 10,258,879 10,338,990 Fund 807 -- TIDELANDS TRUST FUND
1120 REVENUE DIVISION - 45,373.01 37,118.76 37,118.76 48,201 2120 PATROL DIVISION 588,766 664,865.98 649,631.88 649,631.88 255,250 2140 INVESTIGATION/SPECIAL OPERATIONS DIVISIO 6,884 3,419.64 5,358.98 5,284.23 3,180 2530 FIRE - OPERATIONS 99,869 125,318.47 84,282.00 84,282.00 192,977 3410 BUILDING SAFETY AND INSPECTION 570,148 564,443.73 969,682.43 969,600.21 1,020,259 3420 HARBOR TIDELANDS MAINTENANCE 429,831 490,002.23 339,437.70 418,404.54 484,754 3430 HARBOR TIDELANDS SECURITY 173,041 175,399.88 147,472.96 147,399.71 155,917 3440 RESOURCE RECOVERY FACILITY - 118,448.00 118,448.00 114,979 Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 32, Packet Page 221

SUMMARY OF OPERATING EXPENDITURES BY FUND AND DIVISION
(excludes CIP Budgets and Transfers-Out)
Fund Title
FY19/20
Actual
FY20/21
Actual
FY21/22
Adopted
FY21/22
Amended
FY22/23
Proposed
4300 PROPERTY MGMT 456,794 515,988.22 684,910.32 684,738.40 787,911 5210 PARKS 57,371 70,174.35 53,436.00 53,436.00 86,337
5230 URBAN FORESTRY 289.69 -
9020 TIDELANDS TRUST 385,259 333,852.42 350,676.00 350,676.00 350,676 9110 NON-DEPARTMENTAL 212,000 90,000.00 - - -
Total 807 -- TIDELANDS TRUST FUND 2,979,962 3,079,128 3,440,455 3,519,020 3,500,441 Fund 810 -- LIBRARY TRUST FUND
5510 LIBRARY ADMINISTRATION 88,502 134,949.47 124,258.94 207,001.78 174,690 5520 SUPPORT SERVICES - 22,484.23 - 22,200.00 6,658
5530 REFERENCE SERVICES 4,705 12,207.61 21,252.00 14,306.00 17,050 5540 YOUTH SERVICES 10,114 37,176.41 30,800.00 36,970.48 53,600 5550 READERS' SERVICES 11,453 -132.35 1,750.00 1,750.00 1,750 Total 810 -- LIBRARY TRUST FUND 114,774 206,685 178,061 282,228 253,748 Fund 818 -- MUSEUM TRUST FUND
5610 MUSEUM 2,357 - 6,450.00 6,450.00 5,150
Total 818 -- MUSEUM TRUST FUND 2,357 - 6,450 6,450 5,150 Fund 918 -- CONF CTR FACILITIES DIST 2013-1
7013 DEBT SERVICE-SPECIAL ASSMTS 5,154,230 2,571,705.36 3,558,058.00 3,558,058.00 3,612,058 Total 918 -- CONF CTR FACILITIES DIST 2013-1 5,154,230 2,571,705 3,558,058 3,558,058 3,612,058 Fund 961 -- GOLDEN 55 TRAVELERS FUND
5122 RECREATION - SCHOLZE PARK CENTER 21,490 - 50,122.00 50,122.00 - Total 961 -- GOLDEN 55 TRAVELERS FUND 21,490 - 50,122 50,122 - Fund GFA -- GENERAL FIXED ASSET GROUP
9110 NON-DEPARTMENTAL 5,264,836 5,438,884.40 - - -
Total GFA -- GENERAL FIXED ASSET GROUP 5,264,836 5,438,884 - - - Total $169,186,427 $151,795,126 $144,340,847 $175,456,865 $156,069,998 Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 33, Packet Page 222 CITY MANAGER DEPARTMENT Administration
Community
Resources/
Education City Clerk Total Allocation
Fund 101 0210 0211 0321

1.00 1.00

0.83 0.83

1.00 1.00

1.00 1.00
Total City Manager Dept 2.83 1.00 2.00 0.00 0.00 0.00 5.83 Conference Center Administration Sales
Event
Operations Maintenance Total Allocation
Fund 101 6210 6220 6231 6232

1.00 1.00
Custodian 1.75 1.75

1.00 1.00

1.00 1.00
Event Coordinator 1.00 1.00

1.00 1.00

3.25 3.25
Operations Coordinator 1.00 1.00

1.00 1.00

1.00 1.00
Total Conference Center 2.00 1.00 9.00 1.00 0.00 0.00 13.00

INFORMATION RESOURCES

DEPARTMENT
Information
Resources Total Allocation
Fund 710 0340

1.00 1.00

0.17 0.17

1.00 1.00

0.00 0.00

1.00 1.00

1.00 1.00
Senior Information Tech Specialist 1.00 1.00

0.00 0.00
IT Application Engineer II 3.00 3.00

1.00 1.00
Total Information Services Dept 9.17 0.00 0.00 0.00 0.00 0.00 9.17

CITY ATTORNEY DEPARTMENT
City Attorney
Administration Total Allocation
Fund 101 0500

1.00 1.00

1.00 1.00
Total City Attorney Dept 4.00 0.00 0.00 0.00 0.00 0.00 4.00 HUMAN RESOURCES Administration (1)
Workers' Comp/
Employee
Benefits(2)
Risk
Management (3) Total Allocation
Fund 101(1)/715(2)/716(3) 0600 0612 1143

1.00 0.00 1.00
Assistant HR Director 0.50 0.50 1.00

0.00 0.00 0.00
Human Resources Coordinator 0.00 0.00

0.75 0.25 1.00

2.00 2.00
Senior Human Resouces Analyst 1.00 1.00
Total Human Resources Dept 4.25 1.75 0.00 0.00 0.00 0.00 6.00

AMENDED POSITION CONTROL LIST
FISCAL YEAR 2022-23
Administrative Analyst
Administrative Assistant
Assistant City Manager
City Manager
Facility Attendant
Operations Supervisor
Senior Craftsworker
Asst. Director of Information Resourc
Assistant City Manager
GEO Info System (GIS) Coordinator
City Clerk
Executive Assistant
Conference Center General Mgr
Event & Sales Assistant
Sales Coordinator
Event Supervisor
Deputy City Attorney
Legal Secretary
Human Resources Analyst
Deputy Human Resources Manager
Human Resources Director
Human Resources Specialist
Network Engineer
Information Technology Specialist
Information Technology Analyst
Systems & Network Administrator
Assistant City Attorney
City Attorney
Network Engineer II
Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 34, Packet Page 223

AMENDED POSITION CONTROL LIST
FISCAL YEAR 2022-23
FINANCE DEPARTMENT Finance (1) Revenue Accounting Revenue(2) Risk
Management (3)
Workers' Comp/
Employee
Benefits(2) Total Allocation
Fund 101(1)/807(2)/716(3) 1110 1120 1130 1120 1143 0612

1.00 3.00 4.00
Accounting Assistant 0.00 0.00

1.70 2.00 0.300 4.00

1.00 1.00
Business License Inspector 1.00 1.00

1.00 1.00

1.00 1.00 2.00

0.75 0.25 1.00
Finance Manager 1.00 1.00 2.00

0.00 0.00

0.00 0.00
Risk Manager 1.00 1.00
Total Finance Dept 1.75 5.70 8.00 0.30 1.25 0.00 17.00
POLICE DEPARTMENT Administration Field Operations Support Investigations/
Community
Services
Investigations/
Community
Services(2) Total Allocation
Fund 101(1)/807(2) 2110 2120 2130 2140 2120
Assistant Police Chief 1.00 1.00

1.00 1.00
Police Officer 33.00 5.00 1.00 39.00

0.00 7.00 2.00 9.00

2.00 1.00 3.00
Community Service Officer 1.00 1.00

1.00 2.00 3.00
Police Services Technician 8.00 8.00

1.00 1.00

3.00 3.00
Total Police Dept 4.00 43.00 14.00 8.00 1.00 0.00 70.00 FIRE DEPARTMENT Administration
Fire Prevention
& Emerg.

Preparedness Fire Operations Fire Training Total Allocation Fund 101 2510 2520 2530 2540

1.00 1.00
Admininstrative Assistant 0.00 0.00

1.00 1.00

1.00 1.00
Fire Prevention Plans Exam 0.00 0.00

1.00 1.00

3.00 1.00 4.00
Fire Captain 21.00 1.00 22.00

24.00 24.00

30.00 30.00

1.00 1.00
Total Fire Dept 5.00 1.00 78.00 2.00 0.00 0.00 86.00

PUBLIC WORKS DEPARTMENT
Administration(1
)
Neighborhood
Improvement
Fund Admin(2)
Presidio Maint.

Admin(3) Total Allocation
Fund 101(1)/216(2)/650(3) 3110 3110 3110

1.00 1.00
Accounting Assistant 1.00 1.00

0.20 0.20

0.50 0.25 0.75
Engineering Projects Manager 1.00 1.00
Revenue Manager
Senior Accountant
Police Chief
Police Sergeant
Police Lieutenant
Police Services Assistant
Accountant/Auditor
Accounting Specialist
Assistant Finance Director
Executive Assistant I
Finance Analyst
Finance Director
Fire Prevention Technician
Deputy Fire Marshal
Division Chief
Fire Engineer
Firefighter
Senior Adminstrative Analyst
Police Records/Detention Supervisor
Senior Administrative Analyst
Senior Police Services Technician
Assistant Fire Chief
Executive Assistant I
Fire Chief
Administration
Accounting Specialist
Deputy PW Director/City Engineer
PW Administrative Services Mgr
Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 35, Packet Page 224

AMENDED POSITION CONTROL LIST
FISCAL YEAR 2022-23

1.00 1.00

0.00 0.00

1.00 1.00
Total Administration 3.50 1.00 1.45 0.00 0.00 0.00 5.95 Engineering Engineering(1)
Sewer Line
MaintenanceEngineering(2)Storm Drain
Engineering(3)
Presidio Proj
Engineering &
Admin(4) Total Allocation
Fund 101(1)/279(2)/280(3)/650(4) 3121 3121 3121 3159

2.00 0.75 2.75

1.00 1.00

2.85 0.15 2.00 5.00

1.00 1.00

0.13 0.20 0.20 0.53

1.00 1.00

1.00 1.00
Engineering Project Manager 1.00 0.00 1.00

2.00 1.00 3.00

3.40 0.30 0.30 1.00 5.00

1.00 1.00

0.42 0.58 1.00

0.14 0.86 1.00

0.00 0.00
Total Engineering 17.38 1.21 1.94 4.75 0.00 0.00 25.28
Vehicle Management -Mechanical Mechanical Total Allocation Fund 708 3154

4.00 4.00
Admin Assistant 1.00 1.00

0.00 0.00

1.00 1.00

1.00 1.00
Total Vehicle Mgmt.-Mechanical 8.00 0.00 0.00 0.00 0.00 0.00 8.00 Building Maintenance
Building
Maintenance(1)
Presidio Maint.

Bldgs(2)
Presidio Camp
Roberts(2)
Presidio Naval
Research(2) Total Allocation
Fund 101(1)/650(2) 3152 3152 3163 3164

1.00 11.00 1.00 1.00 14.00

1.00 3.00 0.00 4.00

0.15 0.85 1.00

0.25 0.75 1.00

2.00 2.00

3.25 3.25

1.00 2.00 1.00 4.00

1.00 0.00 1.00 1.00 3.00

1.00 1.00

2.00 1.00 3.00

0.00 0.00

1.00 4.00 5.00

1.00 1.00

1.00 1.00
Building Maintenance 5.40 32.85 4.00 2.00 0.00 0.00 44.25 Streets/Sewer/Stormdrain
Maintenance Maintenance(1)
Presidio Maint.

Streets(2)
Sewer
Maintenance(3)
Storm Drain
Maintenance(4) Total Allocation
Fund 101(1)/650(2)/279(3)/280(4) 3151 3151 3153 3155

0.30 0.20 0.30 0.20 1.00

0.37 0.30 0.08 0.75

0.02 0.01 0.03
Principal Engineer
Public Works Director
Administrative Assistant
Engineering Programs Analyst
Associate Civil Engineer
City Traffic Engineer
Executive Assistant 1
Senior Administrative Analyst
Senior Public Works Inspector
Environmental Reg. Analyst
Environmental Reg. Manager
Associate Mechanical Engineer
Automotive Mechanic
Field Assistant
Construction Project Manager
Deputy PW Director/City Engineer
Engineering Assistant II
Engineering Technician
Public Works Inspector
Senior Engineer
Maintenance Technician
Administrative Analyst
Administrative Assistant
Building Maintenance Supervisor
Building Maintenance Worker
Facilities Maintenance Coordinator
Parts Clerk
Fleet Manager
Lead Mechanic
Building Maintenance Craftsworker
Electrician
General Srvc Superintendent
Senior Parts Clerk
Streets & Utilities Operations Manag
Administrative Assistant
PW Administrative Services Mgr
Historic Facilities Sr. Craftsworker
HVAC Senior Technician
Parts Clerk
Quality Control Inspector
Senior Craftsworker
Senior Locksmith
Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 36, Packet Page 225

AMENDED POSITION CONTROL LIST
FISCAL YEAR 2022-23

1.00 2.00 1.00 4.00

1.00 1.00

0.74 1.13 0.13 2.00

2.00 1.00 2.00 1.00 6.00

1.00 1.00 2.00
Total Streets 6.41 2.33 5.75 2.29 0.00 0.00 16.78
Custodial Services Custodial Total Allocation
Fund 101 3172

7.00 7.00

0.00 0.00
Lead Custodian 1.00 1.00

2.00 2.00
Total Custodial Services 10.00 0.00 0.00 0.00 0.00 0.00 10.00 Marina/Harbor
Administration(1
) Maintenance(1) Security(1)
Administration(2
) Maintenance(2) Security(2) Total Allocation
Fund 600(1)/807(2) 3310 3320 3330 3410 3420/3440 3430

0.50 0.50 1.00
Harbor Coordinator 1.00 1.00 2.00

0.00 1.50 1.50

0.80 0.20 1.00

0.05 0.05 0.10

0.04 0.03 0.07

1.00 1.00 2.00

0.50 0.50 1.00

2.78 0.98 3.75
Total Marina/Harbor 2.39 1.50 2.78 1.78 3.00 0.98 12.42 Parking Administration Enforcement Maintenance
Parking
Services Total Allocation
Fund 625 3510 3520 3530 3540

2.75 2.75

1.00 1.00

0.75 0.75

1.00 1.00

0.17 0.17

0.15 0.15

8.00 8.00

1.00 1.00

2.00 2.00

1.00 1.00

4.00 4.00

0.50 0.50 1.00

4.50 4.50

1.00 1.00

1.00 1.00
Total Parking 6.32 10.00 9.00 6.00 0.00 0.00 31.32
Community Development Department Planning
Building Safety
& Inspection Total Allocation
Fund 101 4400 4410

2.00 1.00 3.00

1.00 1.00

0.40 0.40
Housing & Community Dev Mgr 0.00

1.00 1.00

2.00 2.00

1.00 1.00

1.00 1.00
Planning Manager 1.00 1.00

1.00 1.00

1.00 1.00
Senior Street Maintenance Worker
Sign Craftsworker
Harbormaster
Facility Attendant (RPT)
Marina Harbor Assistant
Deputy PW Director/City Engineer
PW Administrative Services Mgr
Harbor Maintenance Craftsworker
Street Maintenance Leadworker
Street Maintenance Worker
Street & Utilities Supervisor
Custodian
Facility Attendant
Senior Custodian
Deputy PW Director/City Engineer
PW Administrative Services Mgr
Parking Enforcement Officer
Parking Enforcement Supervisor
Senior Parking Enforcement Off.

Parking Controls Technician
Harbor Maintenance Leadworker
Harbor Security Worker
Accounting Assistant
Accounting Specialist
Administrative Assistant
Parking Superintendent
Senior Parking Controls Technician
Administrative Assistant
Associate Planner
Community Development Director
Principal Planner
Senior Associate Planner
Parking Maintenance Supervisor
Parking Maintenance Leadworker
Parking Maintenance Worker
Parking Services Coordinator
Parking Services Representative
Parking Services Specialist
Code Compliance Coordinator
Sustainability Manager
Sustainability Assistant
Plans Examiner
Building Technician
Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 37, Packet Page 226

AMENDED POSITION CONTROL LIST
FISCAL YEAR 2022-23

1.00 1.00

1.00 1.00
Total Community Development 10.40 6.00 0.00 0.00 0.00 0.00 16.40 Housing & Property Management
Property
Mgmt(1)
Property
Mgmt(2)
Housing
Admin(3)
Housing
Admin(4)
Housing
Projects(4)
Housing
Projects(5) Total Allocation
Fund 101(1)/807(2)/268(3)/270(4)/274(5) 4300 4300 4305 4305 4310 4310

0.50 0.50 1.00

0.90 0.85 0.50 0.25 0.25 2.75

0.10 0.30 0.20 0.60

0.50 0.50 1.00

0.15 0.85 1.00
Total Housing & Property Mgmt 1.15 2.00 1.70 1.25 0.25 0.00 6.35 Parks & Recreation Department Administration Total Allocation Recreation
Fund 101 5110

1.00 1.00

0.34 0.34

1.00 1.00
Total Recreation 2.34 0.00 0.00 0.00 0.00 0.00 2.34
Recreation Centers Youth Center Senior Center
Hilltop Park
Center
Cona Park
Center
Special
Programs &
Events Sports Total Allocation
Fund 101 5121 5122 5124 5125 5130 5160

1.00 1.00 2.00

1.00 1.00
Sports Coordinator 1.00 1.00
Lead Preschool Instructor 0.75 0.75

1.00 1.75 2.75
Total Centers 1.00 1.00 1.75 0.00 1.00 2.75 7.50
Monterey Sports Center Operations Maintenance Total Allocation Fund 101 5180 5189

1.00 1.00

1.00 1.00
Aquatic Specialist 0.00 0.00

1.00 1.00
Fitness Supervisor 1.00 1.00
Guest Services Specialist 0.00 0.00

0.33 0.33

0.75 0.75

1.00 1.00
Sports Coordinator 1.00 1.00

1.00 1.00

1.00 1.00
Total Sports Center 7.08 2.00 0.00 0.00 0.00 0.00 9.08
Parks Maintenance(1)
Presidio
Maintenance(2)
Street
Maintenance
District(3)
Urban
Forestry(1) Cemetery (4) Parking (5) Total Allocation
Fund 101(1)/650(2)261-262(3)610(4)625(5) 5210 3210 5210 5230 5240 5210

0.75 0.25 1.00

1.00 1.00

1.00 1.00
Park Maintenance Leadworker 2.00 2.00

1.00 1.00
Park Maintenance Worker 9.10 0.00 0.40 0.50 1.00 11.00

0.80 0.03 0.15 0.02 1.00

0.33 0.33

3.00 3.00

0.50 0.50 1.00
Greenbelt Coordinator 1.00 1.00
Senior Building Inspector
Inspector
Administrative Analyst
Administrative Assistant
Community Development Director
HCD Coordinator - Projects/Prgm.

Chief Of Inspct Srvc/Bldg Off.

Recreation Specialist
Administrative Assistant
Aquatics Coordinator
Facility Coordinator
Parks & Rec Director
Recreation Specialist
Property Manager
Administrative Assistant
Parks & Rec Director
Rec & Comm Services Manager
Recreation Coordinator
Recreation Supervisor
Park Maintenance Supervisor
Park Operations Manager
Parks & Rec Director
Senior Park Maintenance Worker
Assistant Urban Forester
Sports Center Manager
Building Maintenance Craftsworker
Senior Craftsworker
Maintenance Technician
Park Attendant
Park Maintenance Craftsworker
Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 38, Packet Page 227

AMENDED POSITION CONTROL LIST
FISCAL YEAR 2022-23

1.00 1.00

1.00 1.00
Total Parks 18.98 0.53 0.40 2.90 2.52 1.00 26.33
Museum Administration Total Allocation
Fund 101 5610
Museum Operations Specialist 0.00

0.25 0.25
Total Museum 0.25 0.00 0.00 0.00 0.00 0.00 0.25
LIBRARY Administration (1)
Administration
Trust (2)
Support
Services (1)
Reference
Services (1)
Youth Services
(1)
Reader's
Services (1) Total Allocation
Fund 101(1)/810(2) 5510 550-5510 5520 5530 5540 5550

0.75 0.75

1.00 1.00

0.75 0.75

1.00 0.75 2.00 3.75

1.00 1.00

3.00 3.00

1.00 1.00
Total Library 1.75 0.00 2.75 3.00 1.75 2.00 11.25
GRAND TOTAL 135.35 113.87 142.52 35.27 10.77 6.73 444.50 Urban Forester
Library Assistant II
Technology Services Mgr
Librarian
Library Manager
Cemetery Coordinator
Cemetery Maintenance Worker
Administrative Assistant
Administrative Assistant
Library Director
Library Assistant I
Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 39, Packet Page 228

POSITION CONTROL LIST
FUNDED FISCAL YEAR 2022-23
Position Count Total Allocation
Accountant/Auditor 4.00
Accounting Assistant 4.75
Accounting Specialist 6.00
Administrative Analyst 4.00
Administrative Assistant 18.25
Aquatics Coordinator 1.00
Assistant City Attorney 1.00
Assistant City Manager 1.00
Assistant Finance Director 1.00
Assistant Fire Chief 1.00
Assistant Police Chief 1.00
Assistant Urban Forester 1.00
Associate Civil Engineer 5.00
Associate Planner 1.00
Asst. Director of Information Resources 1.00
Asst. Director of Human Resources 1.00
Automotive Mechanic 4.00
Building Maintenance Craftsworker 15.00
Building Maintenance Supervisor 4.00
Building Maintenance Worker 3.00
Building Technician 1.00
Business License Inspector 1.00
Capital Projects Coordinator 1.00
Cemetery Coordinator 1.00
Cemetery Maintenance Worker 1.00
Chief Of Inspct Srvc/Bldg Off. 1.00
City Attorney 1.00
City Clerk 1.00
City Manager 1.00
City Traffic Engineer 1.00
Code Compliance Coordinator 1.00
Community Development Director 1.00
Community Service Officer 2.00
Conference Center General Mgr 1.00
Construction Project Manager 1.00
Custodian 8.75
Deputy City Attorney 1.00
Deputy Fire Marshal 1.00
Deputy PW Director/City Engineer 1.00
Division Chief 3.00
Electrician 4.00
Engineer Projects Manager 1.00
Engineering Assistant II 1.00
Engineering Technician 1.00
Environmental Reg. Analyst 1.00
Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 40, Packet Page 229

POSITION CONTROL LIST
FUNDED FISCAL YEAR 2022-23
Position Count Total Allocation
Environmental Reg. Manager 1.00
Event & Sales Assistant 1.00
Event Coordinator 1.00
Event Supervisor 1.00
Executive Assistant 4.00
Facilities Maintenance Coordinator 1.00
Facility Attendant 4.75
Facility Coordinator 1.00
Finance Analyst 2.00
Finance Manager 2.00
Finance Director 1.00
Fire Captain 22.00
Fire Chief 1.00
Fire Division Chief 1.00
Fire Engineer 24.00
Fire Prevention Technician 1.00
Firefighter 30.00
Fitness Supervisor 1.00
Fleet Manager 1.00
General Srvc Superintendent 1.00
GEO Info System (GIS) Coordinator 1.00
Greenbelt Coordinator 1.00
Harbor Coordinator 2.00
Harbor Maintenance Craftsworker 2.00
Harbor Maintenance Leadworker 1.00
Harbor Security Worker 3.75
Harbormaster 1.00
HCD Coordinator - Projects/Prgm. 1.00
Historic Facilities Sr. Craftsworker 1.00
Human Resources Analyst 1.00
Human Resources Director 1.00
Human Resources Specialist 2.00
HVAC Senior Technician 3.00
Information Application Engineer II 3.00
Information Technology Specialist 1.00
Inspector 1.00
Lead Custodian 1.00
Lead Mechanic 1.00
Lead Preschool Instructor 0.75
Legal Secretary 1.00
Librarian 3.00
Library Assistant I 0.75
Library Assistant II 3.75
Library Director 1.00
Library Manager 1.00
Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 41, Packet Page 230

POSITION CONTROL LIST
FUNDED FISCAL YEAR 2022-23
Position Count Total Allocation
Maintenance Technician 2.00
Marina Harbor Assistant 1.00
Network Engineer II 1.00
Operations Coordinator 1.00
Operations Supervisor 1.00
Park Attendant 1.00
Park Maintenance Craftsworker 1.00
Park Maintenance Leadworker 2.00
Park Maintenance Supervisor 1.00
Park Maintenance Worker 11.00
Park Operations Manager 1.00
Parking Controls Technician 2.00
Parking Enforcement Officer 8.00
Parking Enforcement Supervisor 1.00
Parking Maintenance Leadworker 1.00
Parking Maintenance Supervisor 1.00
Parking Maintenance Worker 4.00
Parking Services Coordinator 1.00
Parking Services Representative 4.50
Parking Services Specialist 1.00
Parking Superintendent 1.00
Parks & Rec Director 1.00
Parts Clerk 1.00
Planning Manager 1.00
Plans Examiner 1.00
Police Chief 1.00
Police Lieutenant 3.00
Police Officer 39.00
Police Records/Detention Supervisor 1.00
Police Sergeant 9.00
Police Services Assistant 3.00
Police Services Technician 8.00
Principal Engineer 1.00
Principal Planner 1.00
Property Manager 1.00
Public Works Director 1.00
Public Works Inspector 2.00
PW Administrative Services Mgr 1.00
Recreation Manager 1.00
Recreation Coordinator 2.00
Recreation Specialist 3.50
Recreation Supervisor 1.00
Risk Manager 1.00
Sales Coordinator 1.00
Senior Administrative Analyst 3.00
Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 42, Packet Page 231

POSITION CONTROL LIST
FUNDED FISCAL YEAR 2022-23
Position Count Total Allocation
Senior Associate Planner 2.00
Senior Building Inspector 1.00
Senior Craftsworker 7.00
Senior Custodian 2.00
Senior Engineer 5.00
Senior Human Resouces Analyst 1.00
Senior Information Technology Specialist 1.00
Senior Locksmith 1.00
Senior Park Maintenance Worker 3.00
Senior Parking Controls Technician 1.00
Senior Parking Enforcement Off. 1.00
Senior Parts Clerk 1.00
Senior Police Services Technician 3.00
Senior Public Works Inspector 1.00
Senior Street Maintenance Worker 4.00
Sign Craftsworker 1.00
Sports Center Manager 1.00
Street & Utilities Supervisor 2.00
Street Maintenance Leadworker 2.00
Street Maintenance Worker 6.00
Streets & Utilities Operations Manager 1.00
Sustainability Assistant 1.00
Sustainability Manager 1.00
Systems & Network Administrator 1.00
Technology Services Specialist 1.00
Urban Forester 1.00
GRAND TOTAL 444.50
Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 23., Item Page 43, Packet Page 232 Council
Agenda Report
№10/13
FROM: Hans Uslar, City Manager
By: Nat Rojanasathira, Assistant City Manager
Rafaela King, Finance Director
Clementine Bonner Klein, City Clerk
SUBJECT: Calling a General Municipal Election for November 8, 2022 and Proposing a General Business License Tax on Commercial Cannabis Activity (Exempt from CEQA pursuant to Pub. Resources Code 21065, CEQA Guidelines 15378(b)(4), 15061(b)(3) and Pub. Resources Code 21080, subd. (b)(8); CEQA Guidelines 15273(a)(4).)
RECOMMENDATION:

That the City Council adopt a resolution calling the City’s general municipal election for November 8, 2022, proposing a general business license tax on commercial cannabis activity, and authorizing the City Manager to execute an agreement with Monterey County to administer the election.

VALUE DRIVER:

This recommendation is consistent with the value driver to “foster a local government that is transparent and collaborative; and solicits, welcomes and appreciates input from all.” This recommendation is also consistent with the value driver of “fiscal stewardship” to serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships.

POLICY IMPLICATIONS:

This recommendation is consistent with the City of Monterey Charter requirements for general municipal elections.

FISCAL IMPLICATIONS:

Pursuant to Elections Code section 10002, the City will reimburse the Monterey County Elections Department in full for its proportionate share of election services performed. The cost is estimated to be $163,490 based on the number of registered voters in the City.

With regard to the proposed business license tax for commercial cannabis activity, the estimated revenue according to HdL is $604,000 to $1.3 million based on three storefront dispensaries and one cannabis testing laboratory.

ENVIRONMENTAL DETERMINATION:

Date: 6/21/2022
Item No.: 24.

Council Regular Meeting, 6/21/2022, Item No. 24., Item Page 1, Packet Page 233 The City of Monterey determined that calling for the election 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 projects resulting from this action will be assessed for CEQA applicability.

The City of Monterey determined that the proposed commercial cannabis business license tax is exempt from CEQA because it can be seen with certainty that there is no possibility that its enactment would have a significant effect on the environment (Pub. Resources Code 21065, CEQA Guidelines 15378(b)(4), 15061(b)(3) and because the Ordinance involves the approval of government revenues to fund existing services (Pub. Resources Code 21080, subd. (b)(8); CEQA Guidelines 15273(a)(4). It does not make any commercial activity lawful nor commit the City to fund any particular activity.

ALTERNATIVES CONSIDERED:

Elections:

No alternatives are considered. Elections Code section 10402.5 requires any municipal election held on a statewide election date to be consolidated with the statewide election. City of Monterey Charter section 2.3 and California Elections Code section 1000(e) both call for elections to be held on the first Tuesday after the first Monday in November this year; therefore, the November 8, 2022 general municipal election must be consolidated .

Cannabis Tax Ballot Measure: Council could consider to include cultivation in the tax ballot measure.

DISCUSSION:

Calling the Election
Pursuant to Section 2.3 of the City Charter, November 8, 2022 is the next general municipal election date for the election of the Mayor and two Councilmembers. For the first time, Monterey’s voters will elect district-based Councilmembers for Districts 1 and 2 pursuant to a district based elections system set forth in City Code section 2-2.00 et seq. The districting process took place between September 2021 and February 15, 2022.

Any proposed measure for the ballot must be placed on the ballot by Council resolution and submitted to the Monterey County Board of Supervisors by August 12, 2022. The last regular Council meeting prior to that deadline is August 2, 2022.

Consolidating the City’s general municipal election with the statewide general election on the same date, as required by State law, means that the Monterey County Elections Department will conduct all printing and mailing of sample ballots, computer tabulation, hiring and management Council Regular Meeting, 6/21/2022, Item No. 24., Item Page 2, Packet Page 234 of precinct workers, and canvassing of results. Other requirements will be performed by the City Clerk as the City’s elections official, such as the publication of required notices, and administration of all City filings, including candidates’ nomination papers and optional statements of qualification, and FPPC conflict of interest and financial reporting.

Cannabis Tax Ballot Measure
Cannabis businesses, other than one cannabis testing laboratory, are currently prohibited in the City.

The City Council began its discussion of authorizing cannabis businesses during a Study Session held on September 30, 2020. Thereafter, The Roadmap for Cannabis, which was reviewed by the City Council on December 1, 2020, provided general direction on how to solicit public feedback, engage in policy development, and move forward with the potential implementation of commercial cannabis policy in the City, including a revenue strategy. This agenda item addresses the revenue strategy. Additional next steps include:

1. Preparation of Specific Plan and zoning amendments and associated environmental review documents;

2. Approval of planning/zoning changes by the Planning Commission and City Council;

3. Issuance of Request for Proposal for the City’s three cannabis retail dispensaries (if approved);

4. Review of Proposals and selection of candidate businesses;

5. Cannabis business obtain use permits (if required by planning amendments);

6. Businesses open.

Proposition 64 added a state excise tax of 15% on the privilege of purchasing cannabis at a retail store (Rev. & Taxation Code section 34011(a).) Proposition 64 did not affect the City’s authority to impose taxes on cannabis except for cannabis cultivated for personal use is exempt; medical cannabis is exempt from state and local sales tax, but not state or local excise taxes.

The City’s sales tax cannot differ from Bradley-Burns Uniform Sales and Use tax in either what is taxed or the rate of tax. Accordingly, local taxes on cannabis commerce are typically business license taxes, but often calculated as a percentage of retail sales and reflected on retail receipts, so they are commonly perceived as sales taxes when, technically, they are not.

The City Council directed staff on December 21, 2021 to bring forward for its consideration a ballot measure to ask the voters to implement a local cannabis excise tax.

If voters approve the proposed measure, cannabis retail businesses would pay an initial tax of 4%, cannabis testing lab businesses would pay 1%, and all other cannabis businesses would pay 6%. The measure would allow the City Council to increase the tax to up to 8% for cannabis retail businesses, 2% for testing laboratories, and 8% for all other businesses. In addition to these tax rates, the measure also allows higher taxes on cannabis-infused beverages containing natural or artificial sweeteners and on high potency products (those with more than 17% THC) to discourage products with public health risks.

The proposed rates are mostly aligned with other cannabis retail tax rates in the region which range from 4.5% in unincorporated Monterey County to 6% in Santa Cruz County. Some cities, Council Regular Meeting, 6/21/2022, Item No. 24., Item Page 3, Packet Page 235 such as Seaside, have voter-approved ordinances authorizing a cannabis retail tax of up to 10%, with a lower rate adopted by City ordinance.

Conclusion:

It is recommended to adopt the resolution calling for, and requesting consolidation of, the election and placing a cannabis business tax on the November 8, 2022 ballot. (Attachment 1.) A Statement of Election Facts, which will be submitted to Monterey County Elections following the Council’s calling the election, is included as Attachment 2.

CBK
Attachments: 1. Resolution

2. Statement of Election Facts
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, 6/21/2022, Item No. 24., Item Page 4, Packet Page 236 1 RESOLUTION NO. ____

A RESOLUTION OF THE MONTEREY CITY COUNCIL CALLING A GENERAL MUNICIPAL ELECTION FOR NOVEMBER 8, 2022 AND PROPOSING A GENERAL

BUSINESS LICENSE TAX ON COMMERCIAL CANNABIS ACTIVITY
WHEREAS, the City of Monterey imposes license taxes upon businesses in the city; WHEREAS, these business license taxes are imposed to raise revenue and not for regulation;
WHEREAS, the ordinance attached hereto as Exhibit “A” and incorporated herein by reference would impose a business license tax on persons engaged in commercial cannabis activity in the City;
WHEREAS, pursuant to Section 2.6 of Article 2 of the City Charter and Section 9222 of the California Elections Code, the City Council may submit the Ordinance directly to the voters; WHEREAS, pursuant to Section 2.3 of Article 2 of the City Charter, the City Council adopted this resolution at a properly noticed meeting on June 21, 2022 to call a general municipal election for November 8, 2022, at which voters will consider adopting the Ordinance to impose a general tax on commercial cannabis activity in the city as well as other offices and questions that may properly come before voters;
WHEREAS, the City of Monterey determined that calling the election 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 projects resulting from this action will be assessed for CEQA applicability; and WHEREAS, the City of Monterey determined that the proposed commercial cannabis business license tax is exempt from CEQA because it can be seen with certainty that there is no possibility that its enactment would have a significant effect on the environment (Pub.

Resources Code 21065, CEQA Guidelines 15378(b)(4), 15061(b)(3) and because the Ordinance involves the approval of government revenues to fund existing services (Pub.

Resources Code 21080, subd. (b)(8); CEQA Guidelines 15273(a)(4). It does not make any commercial activity lawful nor commit the City to fund any particular activity.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monterey that:

1. 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.

Council Regular Meeting, 6/21/2022, Item No. 24., Item Page 5, Packet Page 237 2 2. The City Council hereby calls a general municipal election on November 8, 2022 and submits the attached Ordinance to the qualified voters of the city to impose a general tax on commercial cannabis activity in the City.

3. The type, rate, and method of collection of the tax are set forth in the Ordinance, the full text of which shall be printed and made available to voters pursuant to Sections 9119 and 9223 of the California Elections Code.

4. The ballot label for the proposed Measure shall be submitted for a “Yes” or “No” vote as follows:

Measure ____.

YES
Cannabis Business License Tax. Shall the measure to
impose an annual cannabis (marijuana) business license
tax of 4% of gross receipts from retail businesses, 1% of gross receipts from testing laboratories, and 6% of gross receipts from other cannabis businesses, with an additional tax on highly potent products, generating about $604,000 to $1.3 million a year, with all funds staying local and subject to audit, and effective until repealed by voters, be adopted?
NO

5. The City Council requests that the Board of Supervisors of Monterey County (the “County”) consolidate the Election with the statewide general election to be held on that date.

6. The City Clerk is authorized and directed to file a certified copy of this Resolution with the Board of Supervisors and Chief Election Official of the County.

7. The City Attorney is authorized and directed to prepare an impartial analysis of the measure as required by section 9280 of the California Elections Code.

8. The Mayor is authorized to select two members of the City Council to prepare a written argument, not to exceed 300 words, in favor of the Measure on behalf of the City Council, as specified in section 9282 of the California Elections Code. If an argument is filed against the Measure, the Mayor is also authorized to select two members of the City Council to prepare a written rebuttal.

9. Arguments against the Measure may not exceed 300 words and must be submitted to the City’s elections official in compliance with 9282 and 9283 of the California Elections Code by the deadline the Elections Official establishes as authorized by law.

10. Rebuttal arguments are hereby authorized and may not exceed 250 words and must be submitted to the city’s elections official as specified in section 9285 of the California Elections Code. This paragraph 10 applies only to the November 8, 2022 general municipal election and shall have no effect thereafter.

Council Regular Meeting, 6/21/2022, Item No. 24., Item Page 6, Packet Page 238 3 11. Pursuant to Charter section 2.3, the following elective offices shall be submitted to qualified voters of the city at the General Municipal Election to be held on Tuesday, November 8, 2022:
a. One (1) Mayor for a two (2) year term, representing the City of Monterey at large; b. One (1) Council Member for a four (4) year term, representing District 1; and c. One (1) Council Member for a four (4) year term, representing District 2.

12. Notice of the Election is hereby given and the City Clerk shall give such further notice of the Election as required by law.

13. The City acknowledges that the consolidated election will be held and conducted in the manner prescribed by Elections Code section 10418.

14. The City Clerk is authorized and directed to take all other steps necessary to conduct the election.

15. The City Manager is authorized and directed to appropriate the funds necessary to fund the Election and to execute an agreement with Monterey County to conduct the election.

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, 6/21/2022, Item No. 24., Item Page 7, Packet Page 239 4 ORDINANCE NO. ____

AN ORDINANCE OF THE PEOPLE OF THE CITY OF MONTEREY
ADOPTING ARTICLE 6 OF CHAPTER 19 OF THE MONTEREY CITY

CODE IMPOSING A CANNABIS BUSINESS LICENSE TAX
Be it ordained by the People the City of Monterey as follows:

SECTION 1. CODE AMENDMENT. Article 6 of Chapter 19 of the Monterey City Code is hereby adopted to read as follows:

CANNABIS BUSINESS LICENSE TAX
19-121 - Title.

This article shall be referenced as the “City of Monterey Cannabis Business License Tax.” 19-122 - Purpose.

This ordinance is adopted to achieve the following purposes, among others, and shall be interpreted to accomplish them:

A. To impose an excise tax on the privilege of transporting, dispensing, manufacturing, producing, processing, preparing, storing, testing, providing, donating, selling, or distributing cannabis or cannabis products by commercial cannabis businesses in the City, pursuant to the state Medicinal and Adult Use Cannabis Regulation and Safety Act, California Business and Professions Code section 26000, Proposition 64, approved by the voters in November 2016 and as amended to date (“MAUCRSA”), which legalized and regulates adult use of cannabis in California, and other applicable law as it now exists or may hereafter be adopted; B. To impose a general tax that generates revenues which may be used for any lawful purpose of the city in the discretion of the City Council;
C. To specify the type of tax and rate of tax to be levied and the method of its collection; and D. To comply with all requirements for imposition of a general tax.

This article is enacted solely to raise revenue, not for regulation. It shall apply to all persons engaged in cannabis business in the city. The tax imposed by this article is a general tax under articles XIII A and XIII C of the California Constitution.

Exhibit A
Council Regular Meeting, 6/21/2022, Item No. 24., Item Page 8, Packet Page 240 5 19-123 - Definitions.

For the purposes of this article, the following words shall have the meanings ascribed to them by this section unless the context makes apparent another meaning was intended.

A. “Cannabis” or “marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds of such plants. “Cannabis” also means cannabis as defined by Business and Professions Code section 26001, subdivision (f), the Health and Safety Code section 11018, and by other state law.

B. “Cannabis accessory” is any device intended to aid in the use of cannabis or cannabis products which does not itself consist in all or part of cannabis or cannabis products and includes, without limitation, “cannabis accessories” as defined in Health and Safety Code section 11018.2 and by other state law.

C. “Cannabis business” means the activity of any natural or legal person, business, or collective in the City relating to cannabis, including but not limited to transportation, distribution, manufacture, compounding, conversion, processing, preparation, testing, storage, packaging, delivery and sales (including both wholesale and retail sales) of cannabis, cannabis products, or cannabis accessories, whether or not carried on for gain or profit, whether for medical or adult use, and whether or not such business is licensed by the State. A cannabis business does not include any business the only relationship of which to cannabis or cannabis products is the production or sale of cannabis accessories. A cannabis business does not include commercial cannabis cultivation.

D. “Cannabis product” means any product containing cannabis or its derivatives, including, but not limited to, flowers, buds, oils, tinctures, concentrates, extractions, edibles, and products described in Section 11018.1 of the Health and Safety Code.

E. “Collector” means the City Manager or their designee charged to administer this article.

F. “Commercial cannabis cultivation” means cultivation conducted by, for, or as part of a cannabis business. Commercial cannabis cultivation does not include personal medical cannabis cultivation, or cultivation for personal adult use as authorized by the MAUCRSA, including Health & Safety Code section 11362.1 et seq., for which the cultivator receives no compensation whatsoever.

G. “Delivery” means the transfer for any form of compensation of cannabis or cannabis products to a customer or caregiver at a location that is not a dispensary.

H. “Dispensary” means a fixed place at which cannabis, cannabis products, or accessories for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including, without limitation, a dispensary that engages in delivery.

I. “Distributor’’ means a person engaged in procuring cannabis and/or cannabis products for sale to a dispensary, to a business engaged in delivery, or at another point of retail sale. “Distribution” means engaging in that conduct and a “distribution facility” is any real estate, whether or not improved, used in such conduct.

Council Regular Meeting, 6/21/2022, Item No. 24., Item Page 9, Packet Page 241 6 J. “Gross receipts,” except as otherwise specifically provided in this code or by regulation authorized by this code, has the meaning stated in Section 19-1 of this code.

K. “High potency” cannabis or cannabis product means cannabis flower containing more than 17% tetrahydrocannabinol (THC), or a cannabis product containing more than 50% THC, excluding edibles containing 10 mg or less of THC per dose.

L. “Manufacturer” means a person who engages in the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or by means of chemical synthesis, or by a combination of extraction and chemical synthesis.

M. “Sweetened cannabis beverage” is a liquid cannabis product containing natural or artificial sweeteners sold in units intended for consumption exceeding one fluid ounce. 19-124 - Cannabis business tax.

A. Beginning January 1, 2023, a cannabis business tax is imposed upon each person who is engaged in business as a cannabis business.

B. The initial rate of the cannabis business tax shall be as follows:

1. For every person who operates a testing laboratory: one percent (1%) of gross receipts.

2. For every person who operates a dispensary or delivery business: four percent (4%) of gross receipts.

3. For every person who engages in a cannabis manufacturing, processing, distribution, or any other cannabis business not described in subdivisions (B) (1) or (2) above: two percent (2%) of gross receipts.

C. The City Council may, by resolution or ordinance, adjust the rate of the cannabis business tax up to the following maxima:

1. For every person who engages in the operation of a testing laboratory, the maximum tax rate shall not exceed two percent (2%) of gross receipts.

2. For every person who engages in the retail sales of cannabis as a dispensary or delivery business, the maximum tax rate shall not exceed eight percent (8%) of gross receipts.

3. For every person who engages in a cannabis manufacturing, processing, distribution, or any other type of cannabis business not described in Section (C) (1) or (2), the maximum tax rate shall not exceed six percent (6%) of gross receipts.

D. In addition, there is hereby imposed on every cannabis business in the City:

1. An additional tax of up to one percent (1%) of the gross receipts from high potency cannabis and each high potency cannabis product cultivated, manufactured, or sold by a taxpayer, multiplied by the percent of tetrahydrocannabinol (THC) content of the product above 17% for cannabis flower and 50% for cannabis products; and,

2. An additional tax of 20% of gross receipts from sweetened cannabis beverages.

E. The City Council may, by resolution, in its discretion, implement a tax rate lower than the maximum rates established in subsections (B) through (D) of this section for all persons engaged in cannabis business, or establish differing tax rates for different categories of cannabis business.

The City Council may, by resolution, also decrease or increase such tax rates provided that the Council Regular Meeting, 6/21/2022, Item No. 24., Item Page 10, Packet Page 242 7 tax rate is not above the maximum tax rates established in subsections (B) through (D) of this section.
19-125 - Registration of cannabis business.

A. Each person engaging in a cannabis business, whether an existing, newly established or acquired business, shall register with the City Manager’s office by the later of:

1. 30 days after commencing operation, or

2. January 1, 2023,
and shall annually renew such registration on or before the anniversary of the initial registration for that business.

B. Registrants shall furnish to the City Manager a statement sworn under penalty of perjury, upon a form provided by the City Manager, setting forth:

1. Every name under which the business engages in commercial cannabis activity in the city;

2. The names and addresses of every person who is an owner, principal, or manager of the business;

3. The nature or kind of all business activity to be conducted;

4. The place or places, whether or not in the city, where such business is to be conducted; and

5. Any further information which the City Manager may require to administer this article.

C. Registrants shall pay an annual registration fee in an amount established from time to time by resolution of the city council to recover the city’s costs to implement the registration requirement of this section, and the other provisions of this article other than the duty to pay tax when due. As a regulatory fee, such fee shall be limited to the city’s reasonable costs for those activities. The City Manager may provide by a regulation adopted pursuant to section 19-132 of this article for waivers of the annual registration fee for one or more years for any class of cannabis businesses if such a waiver will facilitate elimination of the illegal market in cannabis in the City or to facilitate participation in the cannabis market by low-income persons. 19-126 - Payment obligations.

All persons subject to a tax under this article shall pay that tax regardless of any rebate, exemption, incentive, or other reduction elsewhere in this code, except as required by state or federal law. Failure to pay such a tax shall be subject to penalties, fines, and interest charges established under this article and the City may use any or all other code enforcement remedies available at law or in equity to enforce this article. No provision of this code shall be interpreted to reduce a tax rate established under this article or otherwise reduce the taxes paid hereunder unless the provision specifically expresses that reduction.

Council Regular Meeting, 6/21/2022, Item No. 24., Item Page 11, Packet Page 243 8 19-127 - Tax payment does not authorize activity.

The payment of a tax imposed under this article shall not be construed to authorize the conduct or continuance of any illegal business or of a legal business in an illegal manner. Nothing in this article authorizes or implies the lawfulness of any activity connected with the distribution or possession of cannabis unless otherwise authorized and allowed in strict and full conformance with this code. Nothing in this article shall be applied or construed as authorizing the sale of cannabis.
19-128 - Cannabis business license tax is not a sales tax.

The tax imposed by this article is an excise tax upon the privilege of doing business within the city. It is not a sales or use tax. Nevertheless, at the option of a commercial cannabis business, the tax may be separately identified on invoices, receipts, and other evidences of transactions. 19-129 - Returns and remittances.

The tax imposed by this article shall be due and payable as follows:

A. Each person owing tax under this article shall provide a tax return to the City Manager on or before the last business day of each month stating the tax owed for the preceding month and the basis of its calculation. The taxpayer shall remit the tax owed to the City Manager when the return is due.

B. The City Manager may establish a form for tax returns submitted under this article and, if so, use of that form shall be mandatory.

C. Tax returns and payments for all outstanding taxes, fees, penalties, and interest owed the city are immediately due upon cessation of business for any reason.

D. Whenever a payment, statement, report, request, or other communication is received by the City Manager after the time prescribed by this section for its receipt, but is in an envelope postmarked by that time, the City Manager shall regard such payment, statement, report, request, or other communication as timely. If the due date falls on a day when city offices are not open for business, the due date shall be the last business day before that due date.

E. Unless otherwise specifically provided by this article, the taxes imposed by this article shall be delinquent if not paid by the due date specified in subsection (A) of this section.

F. The City Manager need not send a delinquency or other notice or bill to any person subject to a tax or fee imposed by this article and failure to send such notice or bill shall not affect the validity of any tax, fee, interest, or penalty due under this article.

Council Regular Meeting, 6/21/2022, Item No. 24., Item Page 12, Packet Page 244 9 19-130 - Audits.

The City Manager shall arrange for an annual independent audit of the receipts and expenditures of the taxes imposed by this article. The City Manager shall share that audit report with the city council and make it available for public inspection. 19-131 - Refunds.

A. No refund shall be made of any tax collected pursuant to this article, except as provided in this section.

B. No refund of any tax collected pursuant to this article shall be made because of the discontinuation, dissolution, or other termination of a cannabis business.

C. Any person entitled to a refund of sums paid under this article may elect to have such refund applied as a credit against future obligations under this article.

D. Whenever any tax, fee, penalty, or interest under this article has been overpaid, paid more than once, or has been erroneously or illegally collected or received by the city, such amount shall be refunded to the person who paid the tax upon a written claim for refund filed with the City Manager within one year of payment of the sum to be refunded.

E. The City Manager may examine and audit all the books and business records of the claimant to determine eligibility to the claimed refund. No claim for refund shall be allowed if the claimant refuses to allow such examination of the claimant’s books and business records.

F. A sum erroneously paid under this article due to an error of the city shall be refunded to the claimant in full upon a timely claim. If an error is attributable to the claimant, the city may retain an amount established by resolution of the city council to recover the city’s cost to process the claim and refund the balance.
19-132 - Tax administration.

A. It shall be the duty of the City Manager to collect the taxes, penalties, fees, and perform the duties required by this article.

B. The City Manager may from time to time promulgate such administrative rules and procedures consistent with the purpose, intent, and terms of this article as they deem necessary to implement or clarify it or to aid in its enforcement. The City Manager shall give notice of those regulations as required for ordinances of the city council and such regulations shall take effect upon such notice unless otherwise provided by a particular regulation.

C. The City Manager may take such administrative actions as needed to administer this article, including but not limited to:

1. Provide information to any taxpayer about this article;

2. Receive and record all revenues remitted to the city under this article;

3. Maintain records of taxpayer reports and taxes collected under this article; Council Regular Meeting, 6/21/2022, Item No. 24., Item Page 13, Packet Page 245 10 4. Assess penalties, fines, and interest charges to taxpayers under this article;

5. Determine amounts owed and enforce collection under this article; and

6. Take such other reasonable steps as he or she deems appropriate to enforce this article.

D. The City Council may establish penalties, fines and interest charges related to this article by ordinance or resolution.
19-133 - Appeals.

Any person aggrieved by any decision of the city under this article may appeal to the City Council pursuant to the procedures described in Article 27 of Chapter 38 of this code. The City Council may appoint a hearing officer to hear an appeal and, as the Council may direct, either recommend a decision for the City Council’s review or make a final decision for the city. Any such decision on appeal by the City Council or a hearing officer shall be subject to judicial review pursuant to Section 1094.5 of the California Code of Civil Procedure. 19-134 - Consistency with business license tax.

The City Council intends this article to be enforced consistently with the balance of Chapter 19 of this code and any rule or regulation promulgated under that chapter except as provided to the contrary in this article or a regulation adopted pursuant to this article. 19-135 - Constitutionality and legality.

A. This article is intended to be applied consistently with the United States and California Constitutions, state law, and the city charter. Its tax shall not be applied to cause an undue burden upon interstate commerce, a violation of the equal protection and due process clauses of the Constitutions of the United States or the State of California, to constitute a special tax, or to violate any other applicable law.

B. Under California Constitution, article XIII B, the appropriation limit for the city is hereby increased to the maximum extent over the maximum period of time allowed under law by the amount of the revenues generated by the tax.

SECTION 2. AMENDMENT. To the extent allowed under Article XIII C of the California Constitution, the City Council may amend this Ordinance without a vote of the People, except that voter approval shall be required for any amendment that would increase, within the meaning of Government Code section 53750, subdivision (h), the tax rate beyond the maximum rates this Ordinance authorizes.

SECTION 3. This Ordinance is exempt from the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that its enactment would have a significant effect on the environment (Pub. Resources Code 21065, CEQA Guidelines 15378(b)(4), 15061(b)(3) and because the Ordinance involves the approval of government revenues to fund existing services (Pub.

Council Regular Meeting, 6/21/2022, Item No. 24., Item Page 14, Packet Page 246 11 Resources Code 21080, subd. (b)(8); CEQA Guidelines 15273(a)(4). It does not make any commercial activity lawful nor commit the City to fund any particular activity.

SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The People of the City of Monterey declare that they would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase, or portion of it, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions might be declared invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE. Under Elections Code sections 9217 and 9122 this ordinance shall take effect 10 days after the City Council certifies its approval by a majority vote (50% + 1) of the electorate voting at the November 8, 2022 general municipal election.

SECTION 6. CERTIFICATION. Upon approval by the voters, the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause it to be published according to law.

It is hereby certified that this Ordinance was duly adopted by the voters at the November 8, 2022 Election and took effect 10 days following adoption of a resolution declaring the results of the election at a regular meeting of the City Council held on [date] by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ATTEST:
________________________________ ________________
Clementine Bonner Klein, City Clerk Date
Council Regular Meeting, 6/21/2022, Item No. 24., Item Page 15, Packet Page 247 City of Monterey
City Clerk
[email protected]
Clementine Bonner Klein
580 Pacific St., Rm. 6 Monterey, CA 93940 831-646-3935
www.monterey.org
Clementine Bonner Klein, City Clerk
Linda Tulett, Admin. Asst.

Roberson, Clyde At Large Elected 2022 2 yrs. n/a
Monterey, CA 93940
Smith, Ed Elected 2022 4 yrs. n/a
Monterey, CA 93940
Williamson, Tyller Elected 2022 4 yrs. n/a
Monterey, CA 93940
Albert, Dan At Large** Elected 2024 4 yrs. n/a
Monterey, CA 93940
Haffa, Alan At Large** Elected 2024 4 yrs. n/a
Monterey, CA 93940
**
***
***
** City's first district-based election will be Nov. 8, 2022 (for Districts 1 & 2). City of Monterey Ord. No. 3646 C.S. *** City of Monterey Resolution No. 20-093 C.S.
n/a
At Large**
At Large**
ATTACHMENT 2
Council Regular Meeting, 6/21/2022, Item No. 24., Item Page 16, Packet Page 248 ATTACHMENT 2
Council Regular Meeting, 6/21/2022, Item No. 24., Item Page 17, Packet Page 249

Monterey City CouncilJune 21, 2022

Monterey City Council
June 21, 2022