Agenda packet — Monterey City Council, August 16, 2022

Council Chamber, 580 Pacific
St., and Zoom Teleconference
Monterey, California
City Council Agenda
Council Regular Meeting
Tuesday, August 16, 2022
4:00 PM – 6:00 PM
City Council
Clyde Roberson, Mayor
Dan Albert, Councilmember
Alan Haffa, Councilmember
Ed Smith, Councilmember
Tyller Williamson, Councilmember
City Manager
Hans Uslar
IMPORTANT NOTICE: Pursuant to California Government Code section 54953(e)(1)(A) and (C) and the Monterey City Council’s resolution authorizing virtual participation in public meetings given the COVID-19 pandemic, meetings of the Monterey City Council and its Boards, Commissions, and Committees are being conducted with a hybrid format providing both inperson and virtual (electronic) participation in order to promote social distancing and protect the health and safety of attendees.

Details for public participation in this City Council meeting:
 BEFORE THIS MEETING, members of the public may submit comment(s) to [email protected] until ½ hour before the start of the meeting. These messages will not be read aloud during the meeting but are made available to the Council and public at monterey.org/submitted-comments and in the City Manager’s Office at 580 Pacific St., Room 1, Monterey, CA 93940 during regular business hours. All comments received become part of the record.
 DURING THIS MEETING, members of the public may attend and participate:
o In-person (location listed above), with masks REQUIRED for all, regardless of vaccination status, except those who are younger than two years old or have a medical condition that prevents wearing a mask.
 Online via ZoomGov Webinar live (no time delay):
 Join on a computer or smartphone: https://montereyorg.zoomgov.com/j/1607729333 An up-to-date version of the Zoom software must be used.
 Or join by telephone: Dial 833-568-8864 (Toll Free), 669-254-5252 (Campbell, Calif.) or 646-828-7666 (New York, NY). If one number doesn’t work, please try another.
 Enter Webinar ID: 160 772 9333 #
 If prompted to enter a participant ID, press #
 To “raise your hand” dial *9. Once called upon, dial *6 to unmute.  Need more help using or updating Zoom? Read our ZoomGov Meeting Instructions.
o This meeting will also stream live for viewing only on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90 second delay). ***Afternoon Session Agenda ONLY ***
4:00 - 6:00 p.m.

CALL TO ORDER

PLEDGE OF ALLEGIANCE
8/16/2022 4:00:00 PM
2 PUBLIC COMMENTS
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details.

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

Approval of Minutes

1. August 2, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)
Resolutions
RESOLUTIONS are passed to express the policy of the Council on certain items or programs, or are passed to direct certain types of administrative action. A resolution may be changed by adoption of a subsequent resolution. Resolutions only require one reading and are approved when "passed and adopted."

2. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period August 20, 2022 through September 16, 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)

3. Approve the 4th Amendment to the Agreement with Community Human Services to Increase the Grant of Community Development Block Grant Funds by $160,000 for Building Rehabilitation and Repair of the Safe Place Youth Homeless Shelter (Exempt from NEPA per 24 CFR Part 58.5(a) and from CEQA per Article 19, Section 15301, Class1)

4. Appropriate $141,268 in Grant and Donated Funds to the 2022-2023 Library Trust Fund Budget (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

5. Appropriate $10,000 in Donated Funds to Commission the “Young Readers” Mural for Installation on the Library Terrace and Authorize the City Manager to Execute a Public Art Agreement with Natalia Corazza (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Other

6. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: S/E Corner of Waterfront Parking Lot; Agency Negotiators: Janna Aldrete; Negotiating Parties: John Lord (Tesla, Inc.); Under Negotiation: Price and Terms of Payment for New License Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
8/16/2022 4:00:00 PM
3 7. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 570 Munras Avenue, Unit #60 (SBS Tech, Inc. dba AT&T); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: April Sheffield (ROIC Monterey, LLC); Under Negotiation: Price and Terms of Payment for Consent to Sublease (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

8. Receive Mid-Year Update on the 2022 City Staff Work Program (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

9. Receive Mayor’s Recommendation and Appoint Justin Cheng as Alternate to the Appeals Hearing Board (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061)
*** End of Consent Agenda ***

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

10. 1st Reading by Title Only of an Ordinance to Rezone 136 Herrmann Drive from R1-10 to R-1-10-H-2 as a City Historic Resource and Authorize a Mills Act Contract (Property Tax Savings Program for Historic Structures) (Exempt from CEQA per Article 19, Section 15305, Class 5)

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

CITY MANAGER REPORTS
The City Manager may make a brief report on his activities or a brief announcement. He may also ask for clarification or direction regarding scheduling of Council meetings and study sessions.
*** Adjourn to Closed Session (See additional agenda) *** Council will adjourn to closed session

ADJOURNMENT
Members of the public have the right to address the City Council on any item on the Agenda, before or during its consideration [G.C. §54954.3(a)]. The Mayor will formally open the floor for public comment on items such as "Public Appearance" and "Public Hearings." 8/16/2022 4:00:00 PM
4 Writings distributed for discussion or consideration on these matters within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, are available at: monterey.org/submitted-comments and in the City Manager’s Office at 580 Pacific St., Room 1, Monterey, CA 93940 during regular business hours.

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

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

CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES:

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

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

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

Upcoming city meetings are listed at http://isearchmonterey.org More information is available by calling (831) 646-3935

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF MONTEREY
Tuesday, August 2, 2022
4:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST., AND ZOOM TELECONFERENCE

MONTEREY, CALIFORNIA
Councilmembers

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

Absent: None
* Attended remotely by teleconference
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Community Development Director, Police Chief, Parks and Recreation Director, Finance Director, Fire Chief, City Clerk, Senior Administrative Analyst (Public Works), Traffic Engineer, Human Resources Director, Fleet Manager
***Afternoon Session Agenda ONLY ***
This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act, Calif. Government Code section 54953(e)(1)(C) and Resolution No. 22-089 C.S.

CALL TO ORDER
Mayor Roberson called the meeting to order at 4:04 p.m. City Clerk Klein explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance.

She called the roll, with Councilmembers Haffa and Williamson present by teleconference, and Councilmembers Albert and Smith and Mayor Roberson present in the Council Chamber.

PLEDGE OF ALLEGIANCE
Mayor Roberson led the Pledge.

PRESENTATIONS

1. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized award recipients
The Council recognized and presented proclamations to Sergeant Conor O' Dea (U.S. Marine Corps), Staff Sergeant Alan-Michael Sandlin (U.S. Air Force), and Lance Corporal Garrett Ball (U.S. Marine Corps), who each made brief comments. Public comment was not received.

PUBLIC COMMENTS
Public comment on non-agendized matters was received from Eloise Shim, Nina Beety, Sue Rojcewicz, Lorna Moffat, Esther Malkin, and MaryAnn Boylan.

Date: 8/16/2022
Item No.: 1.

Council Regular Meeting, 8/16/2022, Item No. 1., Item Page 1, Packet Page 5 City Council Minutes August 2, 2022
2 CONSENT ITEMS
Public comment was not received on the Consent Items.

On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS:

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

2. June 21, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)
Action: Approved

3. June 29, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)
Action: Approved

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

5. July 27, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)
Action: Approved
Ordinances

6. 3rd Reading - Amend Chapter 19 of the Monterey City Code (Licenses, Fees, and Charges) to Prohibit the Sale of all Flavored Tobacco Products Except for Flavored Shisha Tobacco Products and to Prohibit Single Use Electronic Smoking Devices (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3654 C.S.

Resolutions

7. Authorize the Finance Director to Appropriate $736,917.49 for Unscheduled Maintenance Project Budgets and Appropriate Additional Project Budgets, Not Exceeding $350,000 Individually, Through June 30, 2023 Under the Presidio Municipal Services Agency Intergovernmental Support Agreement ***PMSA*** (Excluded from NEPA per 32 CFR 651 Appendix B Categorical Exclusion (g)(5), CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1))) Action: Adopted Resolution No. 22-105 C.S.

Council Regular Meeting, 8/16/2022, Item No. 1., Item Page 2, Packet Page 6 City Council Minutes August 2, 2022
3 8. Authorize the City Manager to Enter into Agreements to Provide Vehicle Maintenance Services for the City of Carmel-by-the-Sea, Monterey Peninsula Regional Park District and Monterey Peninsula Water Management District (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 22-106 C.S.
*** End of Consent Agenda ***

PUBLIC APPEARANCE

9. Authorize City Manager Employment Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 1506) Action: Adopted Resolution No. 22-107 C.S.

On question from Council, Human Resources Director Neal said that she believed a comparable salary study was not done.

Public comment was received from MaryAnn Boylan, who suggested approving a 4% increase for one year and revisiting the second year's increase in one year, and Esther Malkin, who contrasted the proposed increase with struggles experienced by Monterey renters.

The Council discussed the matter, making positive commentary about City Manager Uslar and the collaborative evaluation process that they said led to this recommendation. It was stated that comparable salaries were reviewed by the Council and that the increase is comparable with that being contracted with other City labor groups.

On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 22- 107 C.S. to Authorize the City Manager Employment Agreement:

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

COUNCIL COMMENTS
Councilmember Albert reported that he just returned from an American Public Transportation Association conference in Salt Lake City that he attended on behalf of the Monterey-Salinas Transit board. He said he attended the recent Monterey Peninsula Chamber of Commerce award ceremony and was happy to give the Old Monterey Business Association (OMBA) an award. He congratulated Rick Johnson again on his very recent retirement.

Councilmember Smith reported that the Transportation Agency for Monterey County (TAMC) said that the long railway station process is almost finished with construction, and that the project property control is transitioning from TAMC to the City of Salinas. He stated that OMBA leadership is in good hands following Rick Johnson's retirement. He reported that many of the boards on which he serves have taken a summer break, but are resuming regular meetings now in August.

Council Regular Meeting, 8/16/2022, Item No. 1., Item Page 3, Packet Page 7 City Council Minutes August 2, 2022
4 Councilmember Williamson asked to end the meeting with a moment of silence in honor of Judge Kathleen White, former Building and Housing Appeals Board and Disabled Access Appeals Board member.

Councilmember Haffa made no report.

Mayor Roberson reported that he had attended a retirement reception for Library & Museums Director Inga Waite, and said that a new Director has been hired. He requested to also close the meeting in remembrance of the City's former Planning Director Dick Garrod.

CITY MANAGER REPORTS
City Manager Uslar announced two major Parks and Recreation programs had just been completed: the Camp Quien Sabe and Whispering Pines summer camps. He said they were very successful and well attended.
*** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session item was received from Nina Beety, who stated that the City Attorney and staff have ignored her disabled rights.

The Council adjourned to closed session at 5:06 p.m., in memory of Dick Garrod and silent tribute to Kathleen White.

ADJOURNMENT
Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
City Clerk Mayor
Council Regular Meeting, 8/16/2022, Item No. 1., Item Page 4, Packet Page 8 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 August 20, 2022 through September 16, 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 August 20, 2022 through September 16, 2022. This action is required to comply with the Brown Act.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

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 consider the circumstances of the state of emergency and make the following findings by majority vote: (1) the state of emergency continues to directly impact the ability of members to meet safely in person; and/or (2) state or local officials continue to impose or recommend measures to promote social distancing.

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.”
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: 8/16/2022
Item No.: 2.

Council Regular Meeting, 8/16/2022, Item No. 2., Item Page 1, Packet Page 9 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 August 19, 2022 (the expiration date of Resolution No. 22-089 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 July 19, 2022. During this period, attendance was primarily conducted in a hybrid format, allowing both in-person and teleconference attendance. (The early stages of the prevalence of Omicron variants 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 August 19, 2022. Findings regarding the COVID-19 state of emergency will continue to be agendized for Council consideration at least every 30 days as required by State law while the Council Regular Meeting, 8/16/2022, Item No. 2., Item Page 2, Packet Page 10 state of emergency is in place and until the Council determines conditions are safe to return to non-pandemic Brown Act provisions for the city’s public meetings.

The ZoomGov platform currently used by the City for teleconference meeting attendance allows for participation that is free, broadly accessible, safe, and secure. The Council and public can 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 seven lineages of the Omicron variant constituted 100% of COVID-19 cases in the United States as of July 23, 2022, as reported by the CDC on August 9, 2022.
 According to Monterey County’s COVID-19 Biweekly Update updated on August 11, 2022, the COVID-19 case rate in Monterey County is 28.2 cases per 100,000 people with a test positivity rate of 16.4% (7-day average for both statistics), with 33 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 September 16, 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, 8/16/2022, Item No. 2., Item Page 3, Packet Page 11 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 AUGUST 20 THROUGH SEPTEMBER 16, 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, June 7, 2022, June 29, 2022, and July 19, 2022, the City Council adopted resolutions authorizing teleconference attendance of public meetings for the City Council and Boards, Commissions and Committees due to the imminent risk to the health and safety of attendees relating to in-person meeting attendance; WHEREAS, the City Council has reconsidered the circumstances of the state of the COVID-19 emergency;
WHEREAS, the Omicron variant of the virus was classified by the World Health Organization (“WHO”) as a Variant of Concern on November 26, 2021, was identified in the United States as reported by the CDC on December 1, 2021, and seven lineages of the Omicron variant constituted 100% of COVID-19 cases in the United States as of July 23, 2022, as reported by the CDC on August 9, 2022;
WHEREAS, according to Monterey County’s COVID-19 Biweekly Update updated on August 11, 2022, the COVID-19 case rate in Monterey County is 28.2 cases per 100,000 people with a test positivity rate of 16.4% (7-day average for both statistics), with 33 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, 8/16/2022, Item No. 2., Item Page 4, Packet Page 12 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 September 16, 2022.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/16/2022, Item No. 2., Item Page 5, Packet Page 13 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Grant Leonard, AICP, Housing Analyst
SUBJECT: Approve the 4th Amendment to the Agreement with Community Human Services to Increase the Grant of Community Development Block Grant Funds by $160,000 for Building Rehabilitation and Repair of the Safe Place Youth Homeless Shelter (Exempt from NEPA per 24 CFR Part 58.5(a) and from CEQA per Article 19, Section 15301, Class1)
RECOMMENDATION:

That the City Council approve the 4th Amendment to the Agreement with Community Human Services to increase the grant of Community Development Block Grant Funds by $160,000 for increased costs for the Building Rehabilitation and Repair of the Safe Place Youth Homeless Shelter project.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

Approving the amendment will support the delivery of needed homeless services within the City, and is consistent with the goals and priorities set in the City’s adopted 2020–2024 Five Year Consolidated Plan (Con Plan) for spending federal CDBG money on programs to benefit lowand moderate-income households residing in the City.

FISCAL IMPLICATIONS:

The action would increase the City’s CDBG grant award to Community Human Services to $315,000. In Fiscal year 2019-2020, the City of Monterey initially awarded Community Human Services $60,000 for the final phase of rehabilitation of the Safe Place youth homeless shelter on Pearl Street. The City subsequently amended the award in Fiscal Year 2020-21 to increase the total award by $100,000 to a total of $160,000. This amendment will increase the grant award by $155,000 to a total of $315,000. The funding is available through the City’s CDBG entitlement grant and program income.

ENVIRONMENTAL DETERMINATION:

The proposed minor modifications to the interior of the building is considered categorically excluded subject to Section 58.5(a) under the Federal National Environmental Policy Act (NEPA) guidelines (24 CFR Part 58) because the building contractor will adhere to an approved project mitigation plan for asbestos.

Council Regular Meeting, 8/16/2022, Item No. 3., Item Page 1, Packet Page 14 project includes modifications to an existing homeless shelter including plumbing replacement, waterproofing an exterior staircase, and structural work. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

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. The proposed action includes minor modifications to the interior of the building and minor changes to waterproof an exterior staircase to improve its habitability and will have no impact on 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. The proposed action includes minor modifications to the interior of the building and minor changes to waterproof an exterior staircase to improve its habitability and will have no cumulative impact on 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. The proposed action includes minor modifications to the interior of the building and minor changes to waterproof an exterior staircase to improve its habitability and will have no cumulative impact on 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 EIR. The project site is not located near a scenic highway and is not visible from a scenic highway. No impacts are anticipated near scenic highways.

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

Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The proposed action includes minor modifications to the interior of the building and minor changes to waterproof an exterior staircase to improve its habitability and will have no impact on historic resources.

Council Regular Meeting, 8/16/2022, Item No. 3., Item Page 2, Packet Page 15 ALTERNATIVES CONSIDERED:

The Council may decide not to approve the amendment. However, staff does not recommend this as it would further delay the needed rehabilitation to the Safe Place youth homeless shelter.

DISCUSSION:

In 2017, Community Human Services began a multi-year, multi-phase rehabilitation of the Safe Place youth homeless shelter on Pearl Street. The City has supported this effort by providing funding through the Public Infrastructure grant program of the Community Development Block Grant program in the 2018 Annual Action. The initial rehabilitation phases were completed in 2019. Community Human Services applied for, and was granted, additional funding in the 2019 Annual Action Plan to begin the final phases of the rehabilitation. The final phase scope of work includes plumbing replacement, waterproofing an exterior staircase, and structural work.

The project has faced delays due to COVID-19 and Community Human Services’ need to prioritize opening a new family homeless shelter in Seaside, Casa de Noche Buena. Since 2019, the City has provided three amendments to the original CDBG grant award to allow for time extensions and cost increases. The amendments to the grant award do not require a substantial amendment to the City’s CDBG Annual Action Plan because they do not meet the CDBG thresholds for a substantial amendment. HUD regulations at 24 CFR Part 91.505 require amendments to the Consolidated Plan and Annual Action Plans whenever an entitlement jurisdiction:
 Makes a change in its allocation priorities or a change in the method of distributing funds;
 Becomes aware of HUD-imposed regulatory changes guiding planning, reporting, monitoring, and evaluation requirements;
 Carries out an activity, using funds from any program covered by the Consolidated Plan (including program income) not previously described in the Action Plan; or  Changes the purpose, scope, location, or beneficiaries of an activity.

For this action, the amendment is only increasing the allocation for a previously awarded grant and extending the term; therefore, it does not trigger any of the four substantial amendment requirements.

Community Human Services is now ready to move forward with the rehabilitation of Safe Place, and has completed a competitive bidding process to select a contractor for the project.

However, due to prevailing wage requirements and on-going inflation related supply cost increases, the cost of the project has increased. As such, Community Human Services is requesting a fourth amendment to extend the term of the agreement to June 30, 2023 and to increase the grant amount by $155,000 to a total award of $315,000, which is sufficient to complete the project. It’s anticipated that the project will be completed by the end of the fiscal year, June 30, 2023.

Completion of the project will ensure the continued use of the Safe Place homeless shelter, thereby providing critically needed services to homeless youth in Monterey.

Council Regular Meeting, 8/16/2022, Item No. 3., Item Page 3, Packet Page 16 In conclusion, staff recommends that the Council approve the 4th amendment to the agreement with Community Human Services for use of community development block grant funds for building rehabilitation and repair of the safe place youth homeless shelter.

KC/GL
Attachments: 1. Draft Resolution
e: Community Human Services
Coalition of Homeless Service Providers
Housing Outreach 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, 8/16/2022, Item No. 3., Item Page 4, Packet Page 17 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
APPROVE THE 4TH AMENDMENT TO THE AGREEMENT WITH COMMUNITY HUMAN

SERVICES TO INCREASE THE GRANT OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS BY $160,000 FOR BUILDING REHABILITATION AND REPAIR OF THE SAFE

PLACE YOUTH HOMELESS SHELTER
WHEREAS, since 1975, the City of Monterey has been an eligible metropolitan entitlement city under the CDBG programs;
WHEREAS, the Five Year (2020-2024) Consolidated Plan (the “Consolidated Plan”) adopted in Resolution No. 20-049 identified funding sources to provide housing and housing services and prioritized the use of local, state and federal funds; WHEREAS, consistent with Consolidated Plan priorities for Housing and Community Services, the Fiscal Year 2022/2023 Budget and Action Plan (the “Program Year 2022 Action Plan”) provides resources to implement the Consolidated Plan to meet HUD National Objectives;
WHEREAS, Community Human Services received a $60,000 Public Infrastructure Grant from the City for the rehabilitation of the Safe Place Youth Homeless Shelter in 2019; WHEREAS, the City amended the grant award in 2020 to extend the term; WHEREAS, the City amended the grant award twice in 2021 to extend the term and increase the grant award to $160,000.

WHEREAS, Community Human Services has completed a competitive bidding process to select a contractor for the project;
WHEREAS, Community Human Services is requesting an additional $155,000 to bridge the funding gap between the available funding and what the selected contractor has bid for the project;
WHEREAS, Community Human Services is requesting the term of the agreement be extended to the end of the fiscal year, June 30, 2023;
WHEREAS, the proposed minor modifications to the interior of the building is considered categorically excluded subject to Section 58.5(a) under the Federal National Environmental Policy Act (NEPA) guidelines (24 CFR Part 58) because the building contractor will adhere to an approved project mitigation plan for asbestos.

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 includes modifications to an existing homeless shelter including plumbing replacement, waterproofing an exterior staircase, and structural work. 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, 8/16/2022, Item No. 3., Item Page 5, Packet Page 18 2 Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The proposed action includes minor modifications to the interior of the building and minor changes to waterproof an exterior staircase to improve its habitability and will have no cumulative impact on 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. The proposed action includes minor modifications to the interior of the building and minor changes to waterproof an exterior staircase to improve its habitability and will have no impact on historic resources.

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 approves the 4th amendment to the agreement with community human services to increase the grant award by $160,000 of community development block grant funds for building rehabilitation and repair of the safe place youth homeless shelter.

Council Regular Meeting, 8/16/2022, Item No. 3., Item Page 6, Packet Page 19 3 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, 8/16/2022, Item No. 3., Item Page 7, Packet Page 20 Council
Agenda Report
№07/19
FROM: Nat Rojanasathira, Assistant City Manager/Interim Library and Museums Director SUBJECT: Appropriate $141,268 in Grant and Donated Funds to the 2022-2023 Library Trust Fund Budget (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution appropriating $141,268 in grant and donated funds to the 2022-2023 Library Trust Fund Budgets.

VALUE DRIVER:

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

POLICY IMPLICATIONS:

Article 7 of the Monterey City Charter states:

There shall be maintained a library trust fund which shall consist of the present library trust fund together with all gifts, devises or bequests received for the use of the library hereafter and all miscellaneous revenues of the library, except fines.

Expenditures from said fund shall be made by the Council for such library purposes as are requested by the Library Board and as are in conformity with the conditions of any such gifts, devises, or bequests.

FISCAL IMPLICATIONS:

The recommended action would appropriate $141,268 in grant and donated funds deposited in the Library Trust Fund. A total of $82,253 was appropriated in fiscal year 2022 but it has not been spent and needs to be reappropriated, an additional $59,015 is to be newly appropriated.

Taken together, $34,536 would be appropriated for circulating materials in all formats (print and digital); $36,050 would be appropriated for program supplies including re-appropriation of funds to upgrade the public printing system, $7,088 toward digitization of historic newspapers; $4,324 advertising, $30,412 for part-time seasonal staff to assist with library services, $11,667 would be re-appropriated for furniture replacements, and $17,191 would be appropriated for Library programs for all ages,.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 8/16/2022, Item No. 4., Item Page 1, Packet Page 21 the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The City Council could decide not to appropriate these funds as requested. However, that is not recommended, as the funds were donated for specific purposes.

DISCUSSION:

The Monterey Public Library Friends and Foundation, a non-profit community organization, conducted a successful fundraising campaign that concluded in April 2022 and raised nearly $350,000 in library support to:
• purchase books, e-books, and DVDs;
• implement 21st-century technology to meet the needs of our community; • help families cope with social and mental health challenges as students return to school;
• offer virtual and, eventually, in-person programs and events for all ages; and • preserve our community history and stories.

The Board of Library Trustees is grateful for the upwelling of support for Library services. The Board requests that the Council appropriate $141,268 in grants and gift funds as follows:

Library Trust Fund Budget
 $20,000 received from Richard Carr and Barbara Shilling to underwrite the Library’s Summer Reading Program;
 $66,350 raised through Monterey County Gives to support social and emotional learning for children, teens, and their families; and
 $54,918 from the Friends & Foundation for programs for all ages, circulating materials, supplies, advertising, and public technology upgrades.

Attachments: 1. Resolution
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 8/16/2022, Item No. 4., Item Page 2, Packet Page 22 RESOLUTION NO. __- ___ C.S.

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

APPROPRIATE GRANT AND DONATED FUNDS IN THE LIBRARY GENERAL FUND AND

TRUST FUND
WHEREAS, the Library Trust Fund has received $141,268 from the Monterey Public Library Friends & Foundation, Richard Carr and Barbara Schilling, the Monterey County Gives! campaign of the Community Foundation for Monterey County, and other private donors; WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability; WHEREAS, the Library Board of Trustees approved the allocation of these funds for these purposes at their meetings in March, April, May, June, and July 2022;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby directs the Finance Director to make the following appropriations to the Library General Fund and Library Trust Fund accounts listed below for Fiscal Year 2022-23:

Fiscal Year 2022-2023
810-550-5510-ADMN-4254 Library Materials (books, e-books, DVDs, etc.) $34,536 810-550-5510-ADMN-4103 Fund Development Staff 11,089
810-550-5510-CHRM-4103 History Room Staff 9,000
810-550-5540-YOUT-4103 Youth Librarians 10,323
810-550-5510-LBSS-4205 Advertising 1,324
810-550-5540-YOUT-4203 Summer Reading Logs and ads 3,000 810-550-5510-CHRM-4205 History supplies 500
810-550-5510-CHRM-4205 History Room Programs 3,500
810-550-5510-LBSS-4205 Adult program supplies 3,600
810-550-5510-ADMN-4205 Fund Development event supplies 4,453 810-550-5540-EXTN-4205 Bookmobile Program Supplies 1,404 810-550-5540-YOUT-4205 Youth Summer Reading Supplies 5,700 Council Regular Meeting, 8/16/2022, Item No. 4., Item Page 3, Packet Page 23 2 810-550-5520-LBAU-4205 Public printing system replacement 13,893 810-550-5530-REFE-4205 Teen SRP supplies 3,000
810-550-5520-LBAU-4220 Self-check machine replacement 4,993 810-550-5510-CHRM-4220 Newspaper digitization 2,095
810-550-5510-LBSS-4240 Adult programs 3,791
810-550-5540-EXTN-4240 Bookmobile Performers 5,400
810-550-5510-YOUT-4240 SRP Youth Performers 8,000
810-550-5510-ADMN-4501 Replace furniture 11,667
Total $141,268
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, 8/16/2022, Item No. 4., Item Page 4, Packet Page 24 Council
Agenda Report
FROM: Nat Rojanasathira, Assistant City Manager / Interim Library & Museums Director Prepared by: Kim Smith, Library Manager
SUBJECT: Appropriate $10,000 in Donated Funds to Commission the “Young Readers” Mural for Installation on the Library Terrace and Authorize the City Manager to Execute a Public Art Agreement with Natalia Corazza (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council appropriate donated funds to commission the “Young Readers” Mural for installation on the Library Terrace and authorize the City Manager to execute a Public Art Agreement with the artist, Natalia Corazza.

VALUE DRIVER:
“In collaboration with our community partners, work to improve the quality of life of all of our community members by fostering diversity, equity, and inclusion…” FISCAL IMPLICATIONS:

The estimated budget for the project is $10,000. The Monterey Public Library Friends and Foundation (F&F) has allocated $2,500 and a $7,500 donation made by the Sovereign Family will fund the remaining costs for the installation of the mural, as well as assisting with the cost of maintaining the mural. Additional donations from the Monterey Friends and Foundation (F&F) and community members would help with additional maintenance costs as needed.

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 decide not to accept the donated funds for the creation and installation of the “Young Readers” Mural on the Library Terrace.

Date: 8/16/2022
Item No.: 5.

Council Regular Meeting, 8/16/2022, Item No. 5., Item Page 1, Packet Page 25 DISCUSSION:

Terrace at the Monterey Public Library
The Monterey Public Library was
established as California's first public
library in 1849. The library is currently
open five days a week for eight hours per
day. The Library Terrace, located on the
second level, is an outdoor space used
frequently for special programs and
library users. For the past 20 years,
Library staff has considered installing a
mural on a large blank white wall on the
terrace.

Proposed “Young Readers” Mural
In March 2022, the Sovereign Family
approached former Library & Museums Director Inga Waite to discuss the possibility of donating a mural to be installed at the Library in memory of Barbara Sovereign, who recently passed away. At its meeting on April 13, the Monterey Public Library Friends & Foundation donated $2,500 to the Library Trust Fund for the project. The Sovereign Family are donating $7,500 for the project as well, for a total of $10,000. The Board of Library Trustees agreed to ask the City Council to appropriate this gift toward a mural at its meeting on April 28, 2022.

The Sovereign Family solicited mural proposals from over six local muralists and received five proposals. With feedback from Library staff and the family, Natalia Corazza was chosen as the artist for the project, titled “Young Readers.” The Library Mural Proposal is attached, and an illustration of the mural is shown below.

Blank wall on the Library Terrace
Council Regular Meeting, 8/16/2022, Item No. 5., Item Page 2, Packet Page 26 Rendering of “Young Readers” by Natalia Corazza, 2022
About the Muralist
Natalia Corazza, a Colombian-American woman and artist, calls Monterey her hometown. Her body of work explores a variety of subjects from Latinx identity, Colombian country life and landscape, to forms of magical realism and transcendentalism. Her style uses a vibrant and expressive palette reminiscent of Expressionism and American Modernism. She received a Bachelor of Fine Arts in painting and drawing from the California College of the Arts at San Francisco in 2019.

Ms. Corazza is a co-founder of a local mural collaborative called “La Neta Murals.” They have created murals at the Stanton Center in Monterey’s Custom House Plaza and Sand City’s 2021 “We.” mural festival. Ms. Corazza was recognized by the Monterey County Arts Council’s Local Emerging Arts Program, which helped launch her career and motivated her to help other artists grow. She was an active student at the Youth Arts Collective in Monterey and now works there as an artist mentor.

Support from the Museums and Cultural Arts Commission and Board of Library Trustees The Museums and Cultural Arts Commission has the power to accept or reject works of art.

Only works of art that meet the collections policy may be accepted by the Commission. (City Code section 2-8.01.) The collections policy does not address the Library or murals generally.

However, at its meeting on July 7, 2022, the Museums & Cultural Arts Commission approved the $2,500 gift to the City for purposes of commissioning the “Young Readers Mural” to be located at Monterey Public Library, provided that the Board of Library Trustees approved the installation The Library Board has authority to recommend expenditures of donated funds to the City Council that are in conformity with the conditions of the gift.

Council Regular Meeting, 8/16/2022, Item No. 5., Item Page 3, Packet Page 27 At its meeting on July 13, 2022, the Monterey Public Library Friends & Foundation Board approved two motions:

1. To make a gift to the City (MPL) of a mural for the wall of the Library Terrace, and

2. To hire mural artist, Natalia Corazza, and approve the proposed rendition of the mural for the Library Terrace, pending Library Board approval of the installation.

At its July 28, 2022 Board of Library Trustees meeting, trustees received a presentation from the Sovereign Family and Artist Natalia Corraza and approved a motion to install the mural on the Library Terrace. Construing this motion in a manner that is consistent with Board of Library Trustees’ powers granted under City Charter section 7.1, the Board recommended to the City Council that it appropriate the donated funds for purposes of commissioning the mural.

Next Steps
Upon approval of this item, the City will appropriate the donated funds for the purpose of commissioning and installing the “Young Artists” Mural. The City will enter into a Public Art agreement with the artist. This agreement will make clear that the City must maintain complete flexibility to operate and manage City property, and shall have the right to alter, repair, modify, remove, relocate, sell, dispose of, or destroy the mural in the City’s sole judgment. The agreement will require the artist to waive all claims arising under the Visual Artists Rights Act and the California Art Preservation Act. The agreement will also address reproduction rights.

For these reasons, staff recommends that the City Council appropriate $10,000 to commission and install the “Young Readers” Mural on the Library Terrace and authorize the City Manager to execute a Public Art agreement.

Attachments: 1. Resolution

2. Library Mural Proposal
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, 8/16/2022, Item No. 5., Item Page 4, Packet Page 28 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19
APPROPRIATING $10,000 IN DONATED FUNDS TO COMMISSION THE “YOUNG

READERS MURAL FOR INSTALLATION ON THE LIBRARY TERRACE AND AUTHORIZE

THE CITY MANAGER TO EXECUTE A PUBLIC ART AGREEMENT WITH NATALIA

CORAZZA
WHEREAS, the Monterey Public Library has considered a mural for the Library Terrace for the past twenty years;
WHEREAS, Barbara Sovereign, who passed away in 2021 after a battle with breast cancer, was a teacher and reading specialist at elementary schools across the Peninsula for over 20 years, a volunteer leader in the local Reading is Fundamental program, and a longtime supporter of the Monterey Public Library;
WHEREAS, the Sovereign family has committed private funds in the amount of $7,500 to the project, and the Monterey Public Library Friends and Foundation have allocated $2,500 to commission and install a “Young Readers” Mural on the Library Terrace as a celebration of reading and youth literature, a tribute to Barbara Sovereign, and as an amenity for the community to enjoy;
WHEREAS, the Sovereign family and Monterey Public Library Friends and Foundation have proposed to donate the cost of artist, materials, installation, and maintenance for the “Young Readers” Mural on the Library Terrace;
WHEREAS, the Museum and Cultural Arts Commission and Board of Library Trustees support the proposed gift of the mural and installation; and WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby:
(1) appropriates $10,000 in donated funds for purposes of commissioning and installing the “Young Readers” mural
Council Regular Meeting, 8/16/2022, Item No. 5., Item Page 5, Packet Page 29 2 (2) authorizes the City Manager to execute a public art agreement with the artist, Natalia Corazza.

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, 8/16/2022, Item No. 5., Item Page 6, Packet Page 30 Young Readers Mural
at the City of Monterey Public Library
Painted on the west wall of the Monterey Public Library’s 2nd floor, outdoor terrace (picture on page 3), the proposed mural will be a celebration of reading and youth literature, with allusions to Monterey and its heritage.

The Sovereign family is proposing this mural as a tribute to Barbara Sovereign, who died in 2021 after a long battle with breast cancer.

The design illustrates the benefits and magic of reading, as a foundation of learning through sharing knowledge and stories that inspire and enable understanding. References include Aladdin, The Jungle Book, the Magic Tree House series, Island of the Blue Dolphins, Treasure Island, Two Years Before the Mast and Between Pacific Tides. Each scene in the series also highlights related themes, such as solidarity, adversity, companionship, adventure and exploration.

July 21, 2022 1
Proposed Mural Design
ATTACHMENT 2
Council Regular Meeting, 8/16/2022, Item No. 5., Item Page 7, Packet Page 31 The media will be acrylic paints. The color palette is derived from a pastel sunset, with touches of soft shadows, leaving a warm, magical and welcoming impression on its viewers.

The estimated budget for the project is $10,000. The Library Friends and Foundation have allocated seed money of $2,500. The Sovereign family has committed to donating the remaining funds. Additional donations are welcome; charitable donations should be made payable to the Monterey Public Library Friends and Foundation, a 501(c)(3) organization, and should reference the Barbara Sovereign Memorial Mural Fund.

We expect the mural to require six-to-ten weeks of development, targeting completion in November 2022, before the next rainy season begins.

About the artist
Natalia Corazza, the young Colombian-American woman and artist the Sovereign family has selected, calls Monterey her hometown. Her body of work explores a variety of subjects from Latinx identity, Colombian country life and landscape, to forms of magical realism and transcendentalism.

Recent works have had deeper consideration of the supernatural, experimenting within the blurred lines between reality and fantasy. Her style uses a vibrant and expressive palette reminiscent of Expressionism and American Modernism. She received a Bachelor of Fine Arts in painting and drawing from the California College of the Arts at San Francisco in 2019.

She is a co-founder of a local mural collaborative called “La Neta Murals”.

They have created murals at the Stanton Center in Monterey’s Custom House Plaza and Sand City’s 2021 “We.” mural festival. Natalia was recognized by the Monterey County Arts Council’s Local Emerging Arts Program, which helped launch her career and motivated her to help other artists grow. She was an active student at the Youth Arts Collective in Monterey and now works there as an artist mentor.

July 21, 2022 2
ATTACHMENT 2
Council Regular Meeting, 8/16/2022, Item No. 5., Item Page 8, Packet Page 32 About the family
The Sovereigns have been active supporters of the Library, local museums and other institutions ever since their arrival in 1970. Barbara and Michael’s chocolate fountain was a fixture at the annual Library fundraiser. Their two children, Susie and John, are word nerds who used the Library while attending the Monterey public schools. The family is excited about this opportunity to “give back” to our community.

For two decades, Barbara was a teacher and reading specialist at public and private elementary schools in Monterey, Seaside and Marina, working with children that were struggling to read. In her spare time, she was a leader in the local Reading is Fundamental program, which provides books to schoolchildren who don’t have many at home. In retirement, she was recognized by the national program with a volunteer-of-the-year award in 2009. One of the family mottos is “If you can read this, thank a teacher.” July 21, 2022 3
Proposed Location: west wall of 2nd Floor Terrace Patio ATTACHMENT 2
Council Regular Meeting, 8/16/2022, Item No. 5., Item Page 9, Packet Page 33 About the wall
The mural will cover most of this west wall of the patio area and will be approximately 16 feet wide and 8 feet tall. In the picture above, the patio overlooks (to the left) the driveway to the Library’s rear parking lot.

Students and other patrons gather and collaborate at small tables on the patio and enjoy the open air. The door in the right-hand corner (off frame) is accessible by the elevator to the Library second floor.

More abouts
For more information about Ms. Corazza and other examples of her work, please see her website, nataliacorazza.com.

For more information about Mrs. Sovereign, please see her obituary, lastingmemories.com/memorial/barbara-sovereign.

Contacts:

Natalia Corazza, [email protected]
The Sovereign family: John Sovereign, [email protected] July 21, 2022 4
ATTACHMENT 2
Council Regular Meeting, 8/16/2022, Item No. 5., Item Page 10, Packet Page 34 Council
Agenda Report
№08/22
FROM: Janna Aldrete, Property Manager
SUBJECT: Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: S/E Corner of Waterfront Parking Lot; Agency Negotiators: Janna Aldrete; Negotiating Parties:

John Lord (Tesla, Inc.); Under Negotiation: Price and Terms of Payment for New License Agreement (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 for price and terms of payment for a new license agreement.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

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

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.

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 Date: 8/16/2022
Item No.: 6.

Council Regular Meeting, 8/16/2022, Item No. 6., Item Page 1, Packet Page 35 authorize a confidential discussion regarding price and terms of payment for a new license agreement.

DISCUSSION:

Tesla, Inc. (“Tesla”) approached the City in 2020 inquiring about entering into an agreement for a portion of the top parking deck at the Downtown East Garage (the “Garage”). The City Council provided confidential direction to its negotiators on October 5, 2021 for the Garage location. During the design phase of the project, Tesla determined that the Garage location presented structural issues that were unknown at the time the site was selected.

During a site meeting at the Garage location on March 31, 2022, City staff and a Tesla representative looked at alternative locations for a Tesla Supercharger Station. The first floor of the Downtown East Garage, the top level of the Downtown West Garage and the S/E corner of the Waterfront Lot were all considered. Each of the garage locations had challenges related to the structure, slope and/or location of the supporting equipment in the right-of-way. The S/E corner of the Waterfront Lot was identified as the preferred location for a Tesla Supercharger Station.

Tesla is requesting 17 parking stalls and a portion of the landscaped area at the corner of Washington Street and Del Monte Avenue to be utilized for a Tesla Supercharger Station (“Station”) with supporting infrastructure. The area subject to the license agreement would consist of a total of 14 parking spaces outfitted with Tesla electric vehicle superchargers, two (2) ADA-compliant charging stations requiring three (3) parking stalls, and related equipment (Attachment 1). This preferred location is the least utilized area in the Waterfront Lot and is the furthest from the Fisherman’s Wharf entrance.

It is appropriate that the City Council discuss price and terms of payment for the license agreement in closed session.

JA/ad
Council Regular Meeting, 8/16/2022, Item No. 6., Item Page 2, Packet Page 36 Attachments: 1. Location
e: John Lord, Tesla, Inc.

Wendy Brickman, Fisherman’s Wharf Association
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, 8/16/2022, Item No. 6., Item Page 3, Packet Page 37 ATTACHMENT 1
Council Regular Meeting, 8/16/2022, Item No. 6., Item Page 4, Packet Page 38 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: 570 Munras Avenue, Unit #60 (SBS Tech, Inc. dba AT&T); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: April Sheffield (ROIC Monterey, LLC); Under Negotiation: Price and Terms of Payment for Consent to Sublease (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 for terms and conditions regarding the consent to sublease.

VALUE DRIVER:

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

POLICY IMPLICATIONS:

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

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: 8/16/2022
Item No.: 7.

Council Regular Meeting, 8/16/2022, Item No. 7., Item Page 1, Packet Page 39 ALTERNATIVES CONSIDERED:

DISCUSSION:

The City entered into a ground lease dated October 18, 2006 with GLC/Foothill Monterey, LLC.

The lease was assigned to Uptown Monterey Partners, LLC on November 8, 2011 and subsequently assigned to ROIC Monterey, LLC (“ROIC”) on July 8, 2016. The ground lease requires ROIC to obtain the City’s consent to any sublease and the City is provided twenty-one days to respond. If the City does not respond within the twenty-one-day period, the City is deemed to have consented to the sublease.

On July 26, 2022, the City received a request from ROIC to consent to the sublease with SBS Tech, Inc. The space is proposed to be used as an AT&T retail store. It is appropriate that the City Council discuss the request to consent to the sublease in closed session.

JA/ad
e: April Sheffield, ROIC Monterey, LLC
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, 8/16/2022, Item No. 7., Item Page 2, Packet Page 40 Council
Agenda Report
FROM: Nat Rojanasathira, Assistant City Manager
SUBJECT: Receive Mid-Year Update on the 2022 City Staff Work Program (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council receive a mid-year update on the City’s Strategic Initiatives and the 2022 City Staff Work Program.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

Receiving a mid-year update on the 2022 City Staff Work Program is consistent with City policy and practice.

FISCAL IMPLICATIONS:

None.

ENVIRONMENTAL DETERMINATION:

ALTERNATIVES CONSIDERED:

The City Council could choose not to receive an update on the City’s Strategic Initiatives and 2022 City Staff Work Program, however, this is not recommended as the report shows what objectives have been met, any obstacles faced in achieving objectives, and those goals that are still in progress.

Date: 8/16/2022
Item No.: 8.

Council Regular Meeting, 8/16/2022, Item No. 8., Item Page 1, Packet Page 41 DISCUSSION:

Short and long-term policies, programs, and projects that are not part of the City’s routine service delivery are items that make up the City Staff Work Program. Each work program item falls into one of the City’s Strategic Priorities.

At the beginning of each calendar year, the City’s executive team and staff refine its list of major initiatives and priorities, and present them to the City Council at a City Council Workshop.

During the summer, City staff provides a mid-year update to the City Council as a written report.

The City has established cascading goals, where the:
 Vision is a description of Monterey’s “desired future,”  Mission identifies the role of the City of Monterey in pursuing the City’s Vision;  Value Drivers identifies what is important to the community to support the City’s Mission;  Strategic Priorities describes how the City can advance its goals in support of the Value Drivers; and the
 City Staff Work Program is a set of specific program, policy, or projects that support the City’s Strategic Priorities.

In summary, staff recommends that the City Council accept this written report.

Attachment: 1. Vision, Mission, Value Drivers, Strategic Priorities, and Mid-Year Update on the 2022 City Staff Work Program
Writings distributed for discussion or consideration on this agenda item, pursuant to Government Code § 54957.5, are posted at https://monterey.org/Submitted-Comments within 72 hours of the meeting.

Council Regular Meeting, 8/16/2022, Item No. 8., Item Page 2, Packet Page 42 Attachment 1
City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities, and Staff Work Items 2022 Mid-Year Update (August 2022)
Vision Statement
"Monterey: A beautiful, special place to live, work, and visit. Anda!” ______________________________________________
Mission Statement
"In partnership with our entire community, the Monterey City Council provides visionary leadership ensuring a safe, healthy, historic, economically vibrant, and sustainable environment."
______________________________________________
Value Drivers
(Numbered for reference only, not in order of importance) ______________________________________________
Value Driver #1: 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.

The Council is committed to ensuring Monterey retains its special character, which derives from its heritage, size, and location. The Council also is committed to ensuring that Monterey is a safe, affordable, and inclusive place to live, work, and visit. Diversity, equity and inclusion, affordable housing, public safety, and community collaboration are cornerstones contributing to Monterey’s quality of life.

Strategic Priorities + Staff Work Program Items:
● 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 Council Regular Meeting, 8/16/2022, Item No. 8., Item Page 3, Packet Page 43 City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022

Page 2 ends

distancing regulations, adopting eviction protections, hosting blood drives, and providing food security.
o Offer COVID-19 vaccine and booster clinics to employees, seniors, students, vulnerable populations, and the general public.

Held 114 vaccine clinics and administered over 8,100 doses since January 2021.

Due to reduced demand and greater availability at other venues, vaccination clinics have been suspended at this time, however, two vaccination clinics for youth are scheduled for November and December at El Estero Park Center. o Support food security by working with community partners to provide meals and fresh produce to individuals and families in Monterey during the holiday season.

Planning Thanksgiving and Christmas Meal Kits will be distributed during the holiday season in partnership with the Food Bank for Monterey County and Kiwanis Club of Monterey. Target dates for the two events are Wednesday, November 23, 2022 and Thursday, December 22, 2022 at El Estero Park Center/Dennis the Menace Playground parking lot.
o Provide important nutritional services for Senior Citizens at Scholze Park Center.

Programs included Meals on Wheels and a weekly Produce Pick Up. o Continue to offer monthly Blood Drives at Hilltop Park Center in partnership with the American Red Cross.
o Continue to provide an annual Healthy Eating Active Living (HEAL) Report Published the latest HEAL Report in April 2022.
o Engage the public on a potential ordinance restricting smoking in multi-family housing units.

Policy issue put on hold due to the pandemic; may be scheduled for mid-2022. o Adopt an ordinance restricting the sale of flavored tobacco and vaping products.

Adopted by the City Council in August 2022. Takes effect on February 28, 2023. ● 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. o Complete the Standards of Coverage and Community Risk Assessment Study.

Study was completed and presented to the City Council in May 2022. Future discussions about fire services and coverage may continue with the community in 2022 and 2023.
o Implement the new Police Records Management System (RMS) to be in compliance with State regulations.

Approved in 2021/22; anticipate 13 month implementation process for a go-live early 2023.
o Complete the Central Public Safety Facility Study to address the 1959 constructed, aging infrastructure at the Fire Administration Headquarters, Downtown Fire Station 11, Police Facility and the Emergency Operations Center (EOC) Campus.

Council approved funding the study in 2021, with additional funding allocated in 2022. The study will begin in fall 2022 and be completed by summer 2023.

Council Regular Meeting, 8/16/2022, Item No. 8., Item Page 4, Packet Page 44 City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022

Page 3 ends

o Develop a Local Roadway Safety Plan, a ‘crash data’ driven safety evaluation which develops and prioritizes systemic safety improvements.

Grant application to be submitted in Fall 2022.
o Replace aging Fire Department fleet.

Took delivery of two new Type 1 (structure) engines and one Type 3 (wildland) engine in 2021. Command vehicles ordered (backordered for indefinite period).

Truck order pending.
● Prepare for emergencies and community resiliency.
o Offer ongoing CERT training to community members.

Trained 28 new community members in basic CERT classes; training programs ongoing. New member class held in March 2022 and scheduled for September 2022.
o Adopt the Multi-Jurisdictional Hazard Mitigation Plan (MJHMP).

Drafted the MJHMP in 2021 in collaboration with the Monterey County Office of Emergency Services. Plan adopted by City Council in June 2022 o Work with the California Department of Conservation to update tsunami signage and education to reflect the newly-adopted Tsunami Inundation Maps Staff began to work with the State in summer 2021; project ongoing. o Update the General Plan Safety Element.

City Council allocated City funds on July 19, 2022 to start the Safety Element.

The Element will be completed by 2023 in conjunction with the Housing Element update.
o Due to increased shark activity in the area, prepare signage and a Standard Operating Procedure for incidents involving sharks. Staff has researched information from the State as well and implemented signs for use during shark incidents on the Monterey Peninsula.
o Continue to look for grant funding to upgrade or repair existing infrastructure and maintain resiliency.

Ongoing.
o Continue Fuel Reduction efforts to remove invasive species and flammable understory in greenbelts within and adjacent to City neighborhoods.

In 2021, spent $300,000 in completing fuel reduction work. Efforts will continue in 2022.
o Engage and collaborate with the Monterey County Office of Emergency Services and the U.S. Army Garrison Presidio of Monterey on joint training exercises and communication efforts.

In summer 2022, Fire Department and EOC staff served as controllers and evaluators in the Monterey County Bronze Pelican EOC Functional Exercise. In August 2022, Monterey Police and Fire Departments participated in an active shooter exercise with the Presidio of Monterey.
o Collaborate with the U.S. Coast Guard on training exercises.

City of Monterey to co-sponsor an educational and training event with the U.S.

Council Regular Meeting, 8/16/2022, Item No. 8., Item Page 5, Packet Page 45 City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022

Page 4 ends

Coast Guard Station Monterey, U.S. Naval Air Station Lemoore, and other community partners at San Carlos Beach Park.
o Develop a Community Wildfire Protection Plan
RFP development underway. Plan expected to be completed by summer 2023. o Through executive training, build resiliency on emerging homeland security issues, including international and domestic threats and hazards, cyber and technology challenges, crisis and risk communication.

Police Chief and Assistant City Manager enrolled in the Center for Homeland Security and Defense (CHDS) Executive Leaders Program at Naval Postgraduate School, to conclude in late 2023.
● Foster opportunities for the public to stay physically and mentally active through activities and services in our parks, trails, beaches, campgrounds, sports center, and community centers.
o Install ADA parking and ADA portable restroom to provide access to disc golf at Ryan Ranch Park in partnership with the Stinging Jellies Disc Golf Club.

The Ryan Ranch Disc Golf course opened in July 2022.
o Resolve Pickleball discord and balance the needs of pickleball players, tennis players and neighbors at Via Paraiso Park.

City conducted a 3-month pilot program following multiple mediation between pickleball players and neighbors in May, June and July; program made permanent in August 2022.
o Conduct the Monterey Sports Center Operational Analysis.

Operational Analysis launched in July 2022 with consultant, Sports Facilities Companies. Scheduled for completion by late fall 2022.
o Organize summer camps and programs that provide opportunities for youth to stay active in City parks and facilities while also providing childcare for working parents. Outdoor camp programs for 2022 included Beach Volleyball, Challenger International Soccer, Flag Football, Basketball, Track and Field, and Summer Fun Playground Program. In addition, 2022 was a record summer for Monterey Sports Center’s Sports Camp! One of the largest summers yet with an attendance of nearly 100 campers each week for 8 weeks. This summer also marked the return of 6 weeks of Camp Quien Sabe overnight youth camp program at Toro Park and 7 weeks Whispering Pines Day Camp. These two camps completed the Summer 2022 season each serving approximately 50 campers each week. Total enrollment for all summer camps offered in the Parks & Recreation Department was approximately 1,858 campers. o Serve individuals and families of all ages at the Sports Center and community (park) centers by offering opportunities for both mental and physical activity.

In 2022, continued restoration of programs at El Estero, Scholze, and Hilltop , as well as other community center programs such as ceramics, fencing, gymnastics, dance classes, Pilates, and art classes, as well as specialty camps such as Gymnastics Camp, Tiny Tot Camp, Lego Camp, Chess Camp and Woodworking Council Regular Meeting, 8/16/2022, Item No. 8., Item Page 6, Packet Page 46 City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022

Page 5 ends

Camp. Opportunities for seniors include as well as opportunities to engage with others socially and physically with activities like Tai Chi, Chi Gong, Watercolor, Bridge and Line Dancing. The Sports Center continues to offer popular programs for youth including basketball clinics, volleyball lessons, martial arts, swimming lessons and more!
o Begin long-term planning and community engagement efforts for the future of the Old Capitol Site.

Feasibility Study funded in the 2022/23 NCIP. Expected to launch park planning efforts in early 2023 after RFP is developed and finalized. ● Provide learning opportunities and foster community connection through the Monterey Public Library.
o Provide programs for all ages – that inform, inspire, build community engagement, promote reading, celebrate Monterey’s rich past, and support community priorities of economic, mental and physical health, and social justice.

Ongoing.
o Identify funding source for Library facility renovation in conjunction with the Central Public Safety Facility Study.

No funding sources have identified or formal fundraising efforts begun. o Implemented a new RFID inventory and borrowing system using donated funds.

Launched the new system, with over 90,000 items tagged in summer 2021.

Updates to the automated checkout systems are expected in 2023. o Provide bookmobile services to neighborhoods to library services.

Resumed bookmobile services in August 2021. New bookmobile funded and scheduled to arrive in fall 2023. Existing bookmobile may increase hours of service in fall 2022.
o Onboard a new Library & Museums Director to the City team New director to begin in mid-August 2022.
o Work with local partner agencies to update the Children’s Reading and Learning Area with dedicated funds raised through Monterey County Gives.

Programs to run through summer 2022.
● Respond effectively to neighborhood concerns.
o Work with the Laguna Grande Regional Park Joint Powers Authority to adopt a Laguna Grande Regional Park Trail Maintenance Strategy.

Draft strategy has been completed. The project’s environmental review is underway and is expected be completed by fall 2022.
o Conducting tree mapping and inventory to address the health of Monterey’s forests and greenbelts.

Tree mapping begun in 2021 and will continue in 2022.
o Continue efforts on the Small Cell Ordinance.

Efforts will continue in 2022.

Council Regular Meeting, 8/16/2022, Item No. 8., Item Page 7, Packet Page 47 City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022

Page 6 ends

o Respond to concerns regarding the Monterey Regional Airport’s expansion efforts and its impact on neighborhoods.

The City of Monterey prevailed in the lawsuit.
o Continue the implementation of North Fremont Corridor underground utility projects utilizing Rule 20a funding.

Planning and coordination efforts will continue in 2022. ● Fund projects for the betterment of Monterey’s neighborhoods through the Neighborhood and Community Improvement Program (NCIP).
o Continue funding the NCIP at 16% of Transient Occupancy Tax (TOT) Revenues.

NCIP Committee meetings resumed in Jan 2022 to start the process to present recommended NCIP projects to City Council for approval in fall 2022 ______________________________________________
Value Driver #2: Protect and preserve our natural environment by addressing climate change through ecologically responsible and pragmatic solutions.

The City Council recognizes the necessity of bold, pragmatic, and thoughtful solutions to protect our natural environment for future generations. Community decisions on transportation, land use, sea level rise, coastal protection, forestry, and city government operations can have a positive impact on our environment locally, regionally, and globally.

Strategic Priorities:
● Protect the Monterey Bay National Marine Sanctuary and our environmental assets from pollution.
o Update the Local Coastal Plan (LCP)
Draft Coastal Land Use Plan is being prepared. Draft plan will be released for public review in 2022.
o Storm Water Trash Capture Project
Complete the project in 2022 in larger tributaries. Establish a priority method for complete capture and refine long-term maintenance strategies by Jan 2023. ● Develop a long-term strategy for Municipal Wharf No. 2 and a sustainable fishing industry.
o Support sustainable fishing activities
Provided an annual financial contribution to the Monterey Bay Fisheries Trust. ● Continue efforts to reduce greenhouse gas emissions (GHG). o Support efforts to expand existing solar energy arrays on City buildings In 2022, develop a concept for East and West Garage and the City Hall Parking Council Regular Meeting, 8/16/2022, Item No. 8., Item Page 8, Packet Page 48 City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022

Page 7 ends

Lot
● Expand access to electric vehicle infrastructure and encourage sustainable transportation.
o Expand opportunities for Electric Vehicle Charging Stations in the Waterfront Lot, parking garages, and parking lots.

In summer 2022, the City is exploring alternatives for an additional Tesla charging station in the City. The City will also upgrade EV charging stations to the ChargePoint network for more efficient use of charging stations and cost recovery.
o Continue to integrate low-emissions and electric vehicles into the City’s fleet.

Continue efforts in 2022.
______________________________________________
Value Driver #3: 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.

The City Council is committed to balancing economic activity by supporting Monterey’s economic drivers, including but not limited to hospitality, academia, health care, retail, military, and fisheries. The Council also recognizes that continued prudent fiscal discipline helps ensure the high quality of life and services for residents; strategies include appropriate service levels, optimizing City operations, driving innovation that leverages technology and business solutions, ensuring workforce compensation and benefit structures are both competitive and financially sustainable, ensuring appropriate municipal infrastructure needs are addressed, implementing appropriate revenue enhancement opportunities, providing reliable and timely fiscal reporting, and fostering community partnerships.

Strategic Priorities:
● Carefully manage City revenues and expenditures which support the delivery of City services.
o Codify repayment plans for long term interfund borrowing. Implement the plans to ensure interfund debt is repaid. Address inconsistencies in reporting between all debt service.

Complete by October 2022
o Review, clarify, update, and simplify the City’s business license processes including timely collection.

Complete by September 2022
Council Regular Meeting, 8/16/2022, Item No. 8., Item Page 9, Packet Page 49 City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022

Page 8 ends

o Hire Business License Inspector to implement updated processes and canvas locations to ensure compliance and collection of all fees due to the City.

Complete by October 2022
o Review, improve and implement updated purchasing processes including monitoring outdated encumbrances
Ongoing
● Consider appropriate revenue enhancements to support City services and operations. o Continue the Cannabis Retail Roadmap Implementation.

Cannabis Tax to be considered in November 2022. City ordinances and plan amendments are being prepared in summer 2022. Environmental review will commence once the ordinances and plan amendments are finalized. o Contract with a service provider to perform Transient Occupancy Tax (TOT) audits.

Audits are in process.
o Develop a comprehensive City-wide process for collection of fines and fees for issued citations.

Complete research in summer 2022. Implement in October 2022. ● Restore and establish City reserves at levels that provide fiscal resiliency and ability to address various economic and natural disasters
o Restore Fund for Economic Uncertainty to 16.6% of general fund operating expenses
Target to increase the Economic Uncertainty Fund to at least 20% of operating expenses by FY22/23 year-end.
o Establish a Conference Center Facilities Reserve Fund.

Target is $10M over next 8 years. Add additional contribution of $250,000 during FY 2023.Establish a Sports Center Facilities Reserve Fund.

Create policy to fund 10% annually of outstanding deferred facilities maintenance cost. Complete by September 2022. Establish a Pension Reserve Fund to address the unfunded Pension Liability and Other Post Employment Benefit (OPEB) Liability.

Total Pension and OPEB Liability is at $103,060,020 as of the last actuarial date of June 30, 2020. Continue to research current funding programs offered by CalPERS to determine ongoing funding solution. Complete research by September 2022.
o Establish a Sea Level Rise Contingency Fund (Tidelands).

Start with a Reserve level target of 25% of revenues collected. Implement by June 2022. Start with initial contribution of $750,000. Will revisit amount annually at close of fiscal year and determine contribution level based on available fund balance.

Council Regular Meeting, 8/16/2022, Item No. 8., Item Page 10, Packet Page 50 City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022

Page 9 ends

● Support business retention and business attraction efforts through partnerships with local business, business associations, and the chamber of commerce. o Launch efforts to collaborate with the business community on cleanup efforts in partnership with the Old Monterey Business Association
Began discussions with OMBA in 2022.
o Actively participate and engage with business organizations on a regular basis.

Continue participation in meetings with the Old Monterey Business Association, New Monterey Business Association, Fisherman’s Wharf Association, North Fremont Business Association, Cannery Row Business Association, and Monterey Peninsula Chamber of Commerce.
● Support our military installations (U.S. Army Garrison Presidio of Monterey, Naval Support Activity Monterey, and U.S. Coast Guard Station Monterey) as significant economic drivers in the region.
o Provide base operations support for the Presidio of Monterey 2022 – Complete Intergovernmental Support Agreement (IGSA) negotiations o Complete the Monterey Bay Military Communities Compatible Use Plan in collaboration with the U.S. Navy and Army.

CUP planning efforts began in early 2021; will conclude in December 2022. o Continue to support the Monterey Bay Defense Alliance (MBDA) Facilitate an updated Economic Impact Study in 2022.
o Continue collaboration on State-level advocacy through the California Defense Communities Alliance (CDCA).

Ongoing. City to participate in California Defense Summit in Sacramento in August 2022.
● Identify and seek grant funding opportunities for City services and infrastructure, including parks, recreation, library, museums, public safety, fire prevention, and planning.
o Conduct facility repairs at the Monterey Sports Center utilizing California State Parks’ Per Capita Grant Funds.

Application submitted in January 2022; project to begin in late 2022. o Pursue California State Library grants.

Applications submitted in 2021 and will continue in 2022. o Pursue State and Federal transportation, infrastructure, and safety grants. Active Transportation Program grant request was submitted in June 2022. Other applications will be prepared and submitted in 2022
o Pursue FEMA Grant funds for Public Safety
Applied for and awarded an Assistance to Firefighters Grant (AFG) for paramedic training for fire personnel; grant received and three personnel commenced training in July 2022
Applied for an Assistance to Firefighters Grant to replace emergency alerting system in fire stations.

Council Regular Meeting, 8/16/2022, Item No. 8., Item Page 11, Packet Page 51 City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022

Page 10 ends

o Utilize Staffing for Adequate Fire and Emergency Response (SAFER) grant Continue to utilize funds received in 2019 to partially pay for 2 firefighters’ salaries and benefits. Grant completed in February 2022 and being closed out. o Received Local Early Action Planning Grant (LEAP), Regional Early Action Planning Grant (REAP) and Permanent Local Housing Allocation (PHLA) Funds.

Funding received in 2021 to Fund the Housing Element Update and other housing efforts due by 2023. The City Council allocated these funds in July 2022 to start preparation of the Housing Element.
● Prioritize funding models and sources for facility rehabilitation, repair, and replacement.
o Implement a new Parks and Recreation Facility Fee, diverting 5% of related fees to be used exclusively for facility repair and rehabilitation.

Adopted in December 2021; took effect January 1, 2022
o Establish a Monterey Conference Center facility reserve Created a reserve as part of the FY 2022/23 adopted budget o Funded critical projects in the Monterey Sports Center Funded key projects including the dehumidifier, natatorium window tinting, water slide repairs, locker room floor rehabilitation, gymnasium floor resurfacing and Studio II windows.
● Track, monitor, and respond to ongoing pension liability costs. o Research options to address the City’s unfunded pension liability.

Efforts will continue in 2022; Council reviewed policy considerations in early 2022, and policy discussions will continue with the City Council in late summer 2022.
● Drive innovation through technology and business solutions that enhance productivity and effectiveness for staff, as well as customer service for the public. o Provide user-friendly, 24/7 access to registration for recreation programs, facility reservations, and Monterey Sports Center memberships through new recreation management software.

New software implementation to launch in late 2022.
o Complete the Cemetery Mapping and Software Enhancements Project.

Project began in early 2021; slated for completion in 2022. o Purchase and implement a new financial software (ERP) system. The system will be able to improve and streamline processes, improve budgeting functions, integrate with human resource function, and provide more robust reporting.

Start the RFP process in Spring 2023. Purchase and implementation commencing during the 2024 fiscal year.
o Implementation of new online permitting portal for Community Development.

Portal went online in early 2022 for pilot testing. Progress has slowed due to loss Council Regular Meeting, 8/16/2022, Item No. 8., Item Page 12, Packet Page 52 City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022

Page 11 ends

of staff in the Information Services Division. Once employees are hired, the City will re-initiate this effort.
o Implementation of new online service request portal and mobile friendly solution for reporting Citizen concerns.

Project soft launch in third quarter 2022 with completion expected end of first quarter 2023.
o Purchase and implement a new public computer time management, fee collection and printing solution at the Library.

Donated funds received. Project to begin in 2023.
o Continue implementation of new Parking technology solutions.

Projects began in 2021 and will continue through 2022.
o Continue the Citywide transition from Google Workspace to Microsoft 365.

Phase 1 completed in December 2021; Phase 2 completion planned for the fourth quarter 2022.
o Update the City Records Retention and Disposition Schedule.

Project began mid-2022, to be completed by year-end.
o Digitization and online storage of documents and forms in Finance, Human Resources, City Clerk, and Community Development Departments into the City’s enterprise document management system (OnBase) and DocuSign.

Project started in late 2020 and will continue through 2023. o Creation and implementation of a new contract management solution in OnBase.

Solution created with implementation planned for pilot testing in third quarter 2022 and completion in fourth quarter 2022.Purchase and implement a new event management solution for the Conference Center.

Implementation in progress with project completion in third quarter 2022 o Implement new GIS aerial photos of the City with flight occurring in March 2022.

Purchased in late 2021 through a collaborative purchase agreement with five local agencies. Aerial photos received with implementation planned in third quarter 2022.
o Purchase and implement new mobile computers for end of life equipment in Fire department vehicles.

Funding allocated in FY23 budget; purchase and install planned for first quarter 2023.
o Purchase and implement new office computers and upgrades for Police, Fire and Engineering to replace end of life or slow equipment.

Funding allocated in FY23 fiscal budget. Police and Fire system upgrades in progress with Engineering project completion planned for fourth quarter 2022. o Purchase and implement new network infrastructure equipment to replace end of life equipment, allow for staff mobility, and access to City resources.

Funding allocated in FY23 fiscal budget with implementation planned in late 2023.
o Continue implementation of a new backup internet connection.

Project completed in fourth quarter 2022.

Council Regular Meeting, 8/16/2022, Item No. 8., Item Page 13, Packet Page 53 City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022

Page 12 ends

o Evaluate, purchase, and implement a new efficient data storage and backup solution to replace end of life hardware.

Funding allocated in FY23 fiscal budget and approved by Council in July 2022.

Purchase in progress with implementation planned in fourth quarter 2022. o Continue implementation of mobile communications solution allowing critical business telephone lines to extend outside of the City network.

Project started in 2021 with estimated completion in late 2022. o Update the Police Department Body Worn Camera and In-Car Camera program to ensure contemporary technology.

Approved in 2021/22; BWCs were implemented in July 2022, In-Car cameras are anticipated for implementation in December 2022.
o Develop improved Public Records request log and administrative process that is more intuitive and streamlined for staff, using existing tools ($0 addt’l cost) Project to begin mid-2022 for utilization starting Jan. 2023 o Implement new secure remote access and mobility capabilities for employees and vendors to replace end of life equipment.

Funding allocated in FY23 fiscal budget. Implementation in progress with completion in third quarter 2022.
o Implement new Police telephone call recording system to replace end of life equipment. Funding allocated in FY23 fiscal budget.

Purchase and implementation planned for first quarter 2023. o Implement new Fire inspection and pre-planning solution.

Project started in fourth quarter 2021 with project completion planned in third quarter 2022.
o Implement new cybersecurity awareness training for all employees.

Project started in third quarter 2022 with project completion planned fourth quarter 2022.
______________________________________________
Value Driver #4: Provide sufficient resources and support to develop, retain, and recruit a high quality city workforce.

The Council knows that the quality of city services correlates directly with the quality of city employees. For that reason, the Council is committed to supporting strategies that ensure Monterey can consistently attract, develop and retain employees capable of delivering services consistent with their vision for the future of the City including providing employees with the tools and resources they need to be successful in serving the public.

Strategic Priorities:

Council Regular Meeting, 8/16/2022, Item No. 8., Item Page 14, Packet Page 54 City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022

Page 13 ends

● Recognize that our workforce is our greatest resource for providing the service that our community deserves by providing city staff with the tools, resources, coaching, and feedback they need to perform well.
o Revamp employee performance, coaching, and feedback for City employees through a new process and workflow system.

Project will begin in early 2022 and be implemented by fall 2022. ● Support the City workforce through the COVID-19 pandemic including the implementation of citywide staffing and operational retooling, return-to-work protocols, COVID-19 contact tracing and notifications, and phase-in of the Reopening and Rehiring Fund.
o Carefully manage and implement sound, science-based vaccine and face covering policies for City employees and visitors to City facilities.

Revised policy for visitors took effect August 2021; employee safety protocols and policy took effect July 2020, updated October 2021, January 2022 and mandatory vaccination policy took effect September 2021. ● Implement best practices in Diversity, Equity and Inclusion (DEI) through training, performance, hiring, and recruitment efforts.
o Begin DEI training for all City employees using a reputable consulting firm.

Completed DEI training for City staff in January 2022; will begin second phase of DEI implementation by mid-2022.
● Foster employee safety and wellness, including provision of a robust safety program, employee-centric and employee-led Safety Committee, frequent safety tailgate meetings, an efficient vehicle fleet management program, and other efforts. o Complete 12-month employee safety training calendar and finalize position specific training requirements index.

To complete in 2022.
o Continue biennial AB 1825 Harassment Prevention Training.

To be completed by all employees, volunteers, boards and commission members and City Council by December 31, 2022.
● Provide fair, competitive, and market-rate compensation and benefits to employees through effective labor negotiations.
o Complete labor negotiations for the City’s bargaining units that are fair, competitive, and market-driven.

Discussions began in 2021; slated for completion by June 2022. ______________________________________________
Council Regular Meeting, 8/16/2022, Item No. 8., Item Page 15, Packet Page 55 City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022

Page 14 ends

Value Driver #5: Champion regional and local efforts to secure adequate, affordable, and sustainable water sources for the city, now and into the future.

The Council recognizes that access to a dependable supply of fresh water is a significant gating factor that impacts the City’s ability to provide affordable housing and promote economic vitality consistent with the goals described in the City’s General Plan.

Strategic Priorities:
● Continue to advocate and lobby on behalf of the City of Monterey’s interests on regional water issues, with an emphasis on securing water for affordable housing projects. o Submit letters to encourage the State Water Resources Control Board to open up water allocations for affordable housing projects.

Letters sent in 2020 and 2021; ongoing. The SWRCB responded in July 2022 that water allocations can not given until a replacement water supply is provided. o Collaborate with the California Department of Housing and Community Development (HCD)
AMBAG adopted the new RHNA in early 2022 which will serve as the foundation of the Housing Element preparation in 2022-2023. ______________________________________________
Value Driver #6: Support efforts and policies that provide equitable access to affordable housing in Monterey and the region.

The Council embraces efforts that provide equitable access to affordable housing, including balanced approaches to increase housing supply, rental resources and assistance, and housing rehabilitation grants to homeless, low-income, senior and disabled individuals.

Strategic Priorities:
● Support affordable housing through modern zoning policies/ordinances, ADU policies, housing grants, review of density requirements, and consideration of City-owned sites for affordable housing.
o Approve residential uses on mixed-use, ground-floor locations.

Ordinance adopted in late 2021.
o Complete City-owned Potential Affordable Housing Sites Exclusive Negotiating Agreements.

Hosted two Council meetings on this topic. In July 2022, the Council ultimately directed staff to enter into a ENA with MidPen Housing for a potential affordable housing development behind City Hall.

Council Regular Meeting, 8/16/2022, Item No. 8., Item Page 16, Packet Page 56 City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022

Page 15 ends

o Provide Council with the requested update on rental units in the City of Monterey The City Council was provided an update on rental units and a possible rental registry.
● Address homelessness through programs and partnerships such as the Multidisciplinary Outreach Team (MDOT) and continued support of homeless service agencies through the City’s Community Development Block Grant program such as but not limited to Gathering for Women and Community Human Services. o Coordinate with homeless advocacy organizations (e.g. Gathering for Women) to provide COVID-19 vaccines to unhoused population
o Seek and receive funding for provided via the CDBG Public Service Grant process.

Completed in summer 2022.
o The MPD’s Multi-Disciplinary Outreach Team (MDOT) will continue to work sideby-side with various governmental and non-governmental organizations to offer, provide and find solutions for those who are unhoused.

In 2021, - the MPD and MDOT offered information on services in every contact they had with those who were unhoused, this resulted in services being provided by MDOT 293 times, in various ways.
______________________________________________
Value Driver #7: Expand opportunities for people of all ages and abilities to bike and walk safely through active transportation, accessibility, and safety initiatives.

The Council is committed to developing policies and supporting plans that create an environment where people, bicycles, buses, trolleys, and motor vehicles can move through the community safely and efficiently. The City Council also prioritizes pedestrian and bicyclist safety and mobility over driver convenience, and continues to value “Vision Zero” strategies of education, equity, engineering, evaluation, and enforcement.

Strategic Priorities:
● Maintain and repair core street, roadway, and storm drain infrastructure. o Continue implementation of the Traffic Signal Adaptive System in order to have all arterials running on the SCOOT system which reduces greenhouse gas emissions and enhances quality of life.

Munras Avenue and Foam Street corridors are now running on an adaptive system. Efforts will continue in 2022.
o Seek grants to fund safety enhancements for pedestrians, bicyclists and motorists.

Efforts will continue in 2022.Active Transportation Grant submitted in June 2022.

Council Regular Meeting, 8/16/2022, Item No. 8., Item Page 17, Packet Page 57 City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022

Page 16 ends

o Continue implementation of road rehabilitation, storm drain infrastructure, funded through SB 1, Measure P and S, and Measure X.

For FY 21/22, the City received approximately $800K in funding through Fuel taxes/SB 1, $11 M in funding from Measure P and S, and $1.1 M in funding for Measure X.
● Provide and deploy effective parking facilities, programs, and enforcement tools that support resident, business, and visitor access to various business districts and neighborhoods.
o Complete Waterfront Parking Expansion Project.

Phase 2 scheduled for completion in 2023 and Phase 3 at a later date. ● Continue supporting planning and construction efforts for regional trail networks. o Support efforts for the Fort Ord Regional Trail and Greenway (FORTAG).

Staff continues to seek grant opportunities for projects that connect to FORTAG within the City of Monterey, along North Fremont Street and Laguna Grande Regional Park.
o Seek grant funding and finalize design for the North Fremont “Gap” Project that connects the City’s bike and pedestrian network to FORTAG.

Staff will continue to apply for grants in 2022.
● Continue to enhance mobility for people of all ages and abilities. o Complete an update to the City’s ADA Transition Plan.

Scheduled completion by late 2022.
o Continue the implementation of ADA compliant curb ramps funded by Measure P/S.

Ongoing.
o Continue to implement APS (Audible Pedestrian Signal) installation at signalized intersections.

Ongoing.
o Continue to look for opportunities to enhance the transportation network to include pedestrian and bike facilities.

Efforts will continue through 2022.
o Continue to procure grants in order to provide safety education and encourage programs such as Safe Routes to School to encourage more walking and biking.

Efforts will continue in 2022.
______________________________________________
Council Regular Meeting, 8/16/2022, Item No. 8., Item Page 18, Packet Page 58 City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022

Page 17 ends

Value Driver #8: Preserve, promote, and maintain our City’s historic and cultural resources through responsible stewardship and historic preservation that highlights the contributions and perspectives of all people who are a part of Monterey’s diverse history.

The City Council is committed to support policies and plans that ensure the protection, appropriate development, and use of the City’s historic and cultural assets. The City Council also recognizes the importance of sharing the City’s diverse history through the lens of the Native Americans, Latinx, Euro-Americans, African Americans, and Asian American/Pacific Islander communities who have contributed to the Monterey community.

Strategic Priorities:
● Ensure that the community’s history is interpreted and presented from a social justice lens.
o Develop a social justice and equity framework for the City’s Museums Division in collaboration with the Museums & Cultural Arts Commission.

Project not yet started; scheduled to be considered following review of the Citywide Diversity, Equity, and Inclusion Framework. o Seek grant funds to pilot historic walks outlined in the draft Path of History Master Plan that tell our history from the perspective of first peoples and diverse ethnic groups that shaped Monterey’s past and present.

Grant funds awarded in summer 2022; staff developing RFP for consultant in fall 2022; draft Master Plan to be adopted in 2023.
● Preserve and protect Monterey’s maritime history.
o Work with the U.S. Coast Guard, Breakwater Cove, and Western Flyer Foundation to bring the restored Western Flyer fishing boat chartered by John Steinbeck to Monterey.

Discussions with the Western Flyer began in 2019; expected to arrive in late 2022.
______________________________________________
Value Driver #9: Foster a local government that is transparent and collaborative; and solicits, welcomes and appreciates input from all.

The City Council is committed to transparency, collaboration, and engagement with all of our residents, neighborhoods, businesses, and community partners through robust channels of communication including in-person, technology-based, and media outreach efforts. The City Council is also committed to providing core services to the community, and partnering with business, nonprofit, military, and government partners where appropriate.

Strategic Priorities:

Council Regular Meeting, 8/16/2022, Item No. 8., Item Page 19, Packet Page 59 City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022

Page 18 ends

● Maintain and expand methods for the public to engage and interact with their city government using a variety of engagement tools including media outreach, digital communications, and in-person engagement.
o Transition the City from at-large elections to district-based elections for City councilmembers, in compliance with the California Voting Rights Act (CVRA).

Council adopted Ordinance with Council districts map and election sequencing in February 2022. First district-based election will be held November 8, 2022 for Council districts 1 and 2, and at-large Mayor.
o Conduct open and inclusive appointment process to fill at-large Council vacancy.

Planning for fall 2022.
o Provide a robust and welcoming onboarding process to support newly elected official(s).

Begins December 2022 with swearing in of the new Council. ● Provide information and access to tools and resources through the City’s website. o Launch new City website and Content Management System (CMS).

New website launched in summer 2021; new features to be added through 2022. ● Understand City leaders’ values and priorities by facilitating annual discussions about the City Council’s Value Drivers and Strategic Priorities. o Council to update Value Drivers and Strategic Priorities; and review City Staff Work Plan.

New vision, mission, and value drivers adopted in December 2021; to review Staff Work Plan in January 2022.
● Recognize that City government’s role is to provide core services to the public, and partnerships with nonprofit, military, business, and other government agencies can be an effective means of supporting the public good.
o Continue ongoing positive working relationships with Montage Health, Middlebury Institute of International Studies, Monterey Peninsula College, Naval Support Activity Monterey, U.S. Army Garrison Presidio of Monterey, Coast Guard Station Monterey, Monterey Bay Aquarium, Monterey Peninsula Unified School District, and other stakeholders.

Ongoing.
______________________________________________
Council Regular Meeting, 8/16/2022, Item No. 8., Item Page 20, Packet Page 60 Council
Agenda Report
FROM: Clementine Bonner Klein, City Clerk
SUBJECT: Receive Mayor’s Recommendation and Appoint Justin Cheng as Alternate to the Appeals Hearing Board (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 Cheng as Alternate to the Appeals Hearing Board as outlined in the “Discussion” section of this report.

VALUE DRIVER:

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

POLICY IMPLICATIONS:

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

FISCAL IMPLICATIONS:

There are no fiscal implications with this action.

ENVIRONMENTAL DETERMINATION:

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

ALTERNATIVES CONSIDERED:

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

Date: 8/16/2022
Item No.: 9.

Council Regular Meeting, 8/16/2022, Item No. 9., Item Page 1, Packet Page 61 DISCUSSION:

Background
A series of ongoing vacancies, 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 alternate Dr. Nick Yaqub, who resigned April 25, 2022
 Board of Library Trustees – vacancy left by trustee Jim Thomson, who has continued to serve past his term’s expiration date of June 30, 2022, pursuant to Monterey City Code sec. 2-3.04(d), but has indicated he will not serve past August 31, 2022  Disabled Access Appeals Board – two long-term vacant seats  Neighborhood and Community Improvement Program (NCIP) Committee – multiple long-term vacant alternate seats
 Planning Commission – vacancy left by former commissioner Hansen Reed Recommendation
Mayor Roberson reviewed the application seen in this packet 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 Mr. Cheng applied, and recommends that the Council appoint him as follows:

Appeals Hearing Board
Justin Cheng - to fill the vacant Alternate seat, term expiring June 30, 2024 Eligibility: The City Clerk confirmed using the GIS assessment database that Mr. Cheng’s residential address falls within City of Monterey boundaries. Mr. Cheng may both serve on the Appeals Hearing Board and continue serving on the Measure P and S Oversight Committee pursuant to Monterey City Code sec. 2-3.04(e).

Next Steps
Seats remain available on the Disabled Access Appeals Board, Board of Library Trustees, Neighborhood and Community Improvement Program (NCIP) Committee, and Planning Commission. Applications will be received on an ongoing basis until vacancies are filled, with first review given to applications received by end-of-day Friday, September 2, 2022. 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. Application Received
e: Applicant
Council Regular Meeting, 8/16/2022, Item No. 9., Item Page 2, Packet Page 62 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, 8/16/2022, Item No. 9., Item Page 3, Packet Page 63 (CONTINUED)

ATTACHMENT
Council Regular Meeting, 8/16/2022, Item No. 9., Item Page 4, Packet Page 64 Name:
2 The Measure P and S Oversight Committee reviews revenues generated by Street Infrastructure Rehabilitation Transactions and Use Tax, and expenditures of those revenues, and reports to the City Council. Members: Five.

Aguajito Oaks Alta Mesa Casanova-Oak Knoll Deer Flats
Del Monte Beach Del Monte Grove Laguna Grande Downtown
Fisherman Flats Glenwood Monterey Vista New Monterey
Oak Grove Old Town Skyline Villa Del Monte

ATTACHMENT
Council Regular Meeting, 8/16/2022, Item No. 9., Item Page 5, Packet Page 65 Name:
3 All members of Boards and Commissions are subject to the conflict of interest laws of the State of California and are required to submit the Form 700, of Economic within 30 days of assuming office, annually thereafter, and upon the completion of a member's term of office. More information is available at http://www.fppc.ca.gov/Form700.html Members who are compensated for their service* or reimbursed for expenses undertaken in the performance of official duties shall take two hours of training in ethics principles and laws every two years as required by Government Code. The training shall occur, and a signed certificate of completion shall be filed with the City Clerk, within 30 calendar days of assuming office, and every two years thereafter. * NCIP and Measure P & S members receive no compensation.

A submitted application is a public record. It will be published (with signatures and personal contact information redacted) in the agendas for relevant meetings of the City Council. initial
initial

ATTACHMENT
Council Regular Meeting, 8/16/2022, Item No. 9., Item Page 6, Packet Page 66 Council
Agenda Report
№07/19
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Fernanda Roveri, AICP, Principal Planner
SUBJECT: 1st Reading by Title Only of an Ordinance to Rezone 136 Herrmann Drive from R-1-10 to R-1-10-H-2 as a City Historic Resource and Authorize a Mills Act Contract (Property Tax Savings Program for Historic Structures) (Exempt from CEQA per Article 19, Section 15305, Class 5)
RECOMMENDATION:

That the City Council:

1. Introduce by title only, waive full reading, and pass a first reading of an ordinance to rezone 136 Herrmann Drive from R-1-10 to R-1-10-H-2 as a City Historic Resource;

2. Adopt a resolution authorizing a Mills Act Contract (property tax savings program for historic structures) for 136 Herrmann Drive.

VALUE DRIVER:

Preserve, promote, and maintain our City’s historic and cultural resources through responsible stewardship and historic preservation that highlights the contributions and perspectives of all people who are a part of Monterey’s diverse history.

POLICY IMPLICATIONS:

The City of Monterey is one of the most historic cities in the United States; therefore, the City has placed value on these resources by identifying the preservation of historic resources as a goal in the Historic Preservation Element. One of the ways this goal is achieved is through the implementation of General Plan Program a.1.7, which states: “Maintain and update the City’s historic incentive programs to support historic property owners, including grant programs, land use incentives, flexible zoning and parking standards, property tax relief, Historic Building Code, and expedited processing for historic resources” (City of Monterey 2005, Amended 2019, pg. 109).

H-2 zoning is intended to identify and protect historic resources in the City that would be recognized as resources of local historic importance, and their significance would not be generally recognized outside the immediate area of the Monterey Peninsula.

Mills Act contracts provide a financial benefit to property owners to offset the additional maintenance costs associated with ownership of a historic property. Through the contract, the City is assured that the historic property will be maintained.

Date: 8/16/2022
Item No.: 10.

Council Regular Meeting, 8/16/2022, Item No. 10., Item Page 1, Packet Page 67 FISCAL IMPLICATIONS:

Each property owner pays approximately 1% annually of the assessed value of their property in property taxes and approximately 20% of those property taxes are passed through to the City.

Most Mills Act contract properties recognize 40-60% savings in taxes, depending on how the County Assessor estimates the site’s rental rate.

The following chart represents the approximate reduction in property taxes that would be passed to the City under the Mills Act:

Property Address Standard Property
Tax
Standard Tax Passed
to City (20%)
Mills Act Rate Tax
Passed to City (40-
60% Reduction)
136 Herrmann Drive $10,480.00 $2,096.00 $838.40-$1,257.60 ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15305, Class 5) because the addition of H-2 overlay zoning to the property will not result in significant changes to land use limitations and will maintain a designated historic building consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Mills Act contracts require that all work performed subsequent to entering into a contract is consistent with those standards.

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

Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located - a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The addition of H-2 overlay zoning would not impact a resource of critical concern. The project proposes maintenance of a historic building consistent with the Secretary of the Interior’s Standards. The project would have a positive impact in that a historic resource would be maintained. The environment is not particularly sensitive (existing building and paved areas).

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. The addition of H-2 overlay zoning would add an additional layer of protection to the resource. The project proposes maintenance of a building consistent with the Secretary of the Interior’s Standards. No cumulative impacts would occur.

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 exist at the site. The building is an existing structure and the surrounding environment is an established residential area. The addition of H-2 overlay zoning would add an additional layer of protection to the resource. The Council Regular Meeting, 8/16/2022, Item No. 10., Item Page 2, Packet Page 68 project proposes to maintain the structure consistent with the Secretary of the Interior’s Standards for Rehabilitation. Therefore, a significant effect would not occur.

Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). The project proposes maintenance of a building consistent with the Secretary of the Interior’s Standards. The property is not located on or viewable from a state scenic highway. Therefore, impacts to scenic highways would not occur.

Exception e - Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. The project site is not listed pursuant to Government Code Section 65962.5. The project would have no impact to hazardous waste sites.

Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The building is eligible as a local historic resource and the addition of H-2 overlay zoning would add an additional layer of protection to the resource. The building maintenance would be consistent with the Secretary of the Interior’s Standards for Rehabilitation. The project would not cause an adverse change to the historic resource.

ALTERNATIVES CONSIDERED:

The City Council could choose not to rezone or approve a Mills Act Contract for the property.

DISCUSSION:

Background
The owner of 136 Herrmann Drive is requesting designation of the H-2 (City Historic Resource) overlay zoning for 136 Herrmann Drive and to enter into a Mills Act Contract with the City of Monterey.

Historic Zoning
As required by Monterey City Code, an intensive historic survey was submitted as part of the application. According to the intensive survey prepared by qualified architectural historian Kent Seavey, the subject property is historic under California Register Criteria 1 and 3.  Criterion 1: The resource is associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States.

The residence is significant under California Register Criterion 1 for its association with the development of the Monte Regio Subdivision (Tract #1), the most extensive residential housing development in Monterey between 1926 and 1950. Monte Regio Tract #1 was developed by Willis J. Walker, President of the Red River Lumber Co., and Monterey landowner Romie C.

Jacks on the west side of the Monterey-Carmel hill at the south end of the city beginning in 1926. The subdivision encompassed the area bounded by Via Del Rey on the north, Soledad Council Regular Meeting, 8/16/2022, Item No. 10., Item Page 3, Packet Page 69 Drive on the south and east, and Via Paraiso on the west. Walker’s advertising described the hillside location as “situated to enjoy every possible bit of sunshine.” 136 Herrmann Drive, constructed in 1930-1931, is a very good and essentially intact example of the earliest housing development in the Monte Regio Subdivision Tract #1.
 Criterion 3: The resource embodies the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values.

The residence is also significant under California Register Criterion 3 in the area of architecture as an intact representative example of the high quality of housing design included in the subdivision. Its period of significance for the architecture should be 1930-present. Characterdefining features include: one-story, wood-framed, vernacular cottage, irregular in plan, resting on a concrete foundation; rough-cut Carmel stone exterior wall cladding; low-pitched, crossgabled roof; partial-width, raised covered open porch with closed Carmel stone rail; and multipaned steel casement and fixed windows, including an arched focal window in the east-facing gabled bay. The property retains all seven aspects of integrity, including, location, design, setting, materials, workmanship, feeling, and association. 136 Herrmann Drive

Mills Act Contract
A Mills Act contract is an agreement between the City of Monterey and the property owner of a City-designated historic building. The property owner benefits from a reduction in property taxes and the City is assured that the historic building will be preserved. The City’s contract requires that the historic building be maintained in good condition. The contract includes the following conditions of approval:

Council Regular Meeting, 8/16/2022, Item No. 10., Item Page 4, Packet Page 70

1. An identification plaque shall be installed describing the building as a historic resource.

The plaque text, design, and materials shall be approved by the Community Development Department prior to installation;

2. The building shall be made available for an annual tour that is open to the public; and,

3. The property owner shall maintain the property in good general repair and make any or all repairs as necessary. The roof, exterior and interior walls, and electrical and plumbing systems will be inspected by the City on a regular basis.

On July 14, 2022, the Historic Preservation Commission (HPC) reviewed the historic zoning and Mills Act proposal. After discussion, the HPC voted to recommend that the Planning Commission recommend to the City Council approval of the historic zoning, and voted to recommend to the City Council approval of the Mills Act contract.

On July 26, 2022, the Planning Commission recommended to the City Council adoption of an ordinance rezoning the property at 136 Herrmann Drive from R-1-10 to R-1-10-H-2 as a City Historic Resource.

KC/fr
Attachments: 1. Ordinance with Exhibit A (Map)

2. Resolution Authorizing Mills Act Contract with Exhibit A (Legal Description) and Exhibit B (Maintenance Schedule)

3. Intensive Historic Survey
e: Lorene M. Kimzey, Applicant/Property Owner Representative Kent Seavey, Architectural Historian
Monterey Vista Neighborhood Association
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 8/16/2022, Item No. 10., Item Page 5, Packet Page 71 ORDINANCE NO. ____ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22
REZONING THE PROPERTY AT 136 HERRMANN DRIVE AS A CITY HISTORIC RESOURCE FROM R-1-10 TO R-1-10-H-2
THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:

SECTION 1:

WHEREAS, Lorene M. Kimzey Tr., owner of the residence at 136 Herrmann Drive, requested H-2 (City Historic Resource) overlay zoning;
WHEREAS, adoption of H-2 zoning requires the Historic Preservation Commission (HPC) to recommend to the Planning Commission (PC) to recommend to the City Council to adopt an ordinance rezoning the property;
WHEREAS, as required by Monterey City Code, an intensive historic survey (DPR 523B form) prepared on February 11, 2022, by Qualified Architectural Historian Kent Seavey was submitted as part of the application;
WHEREAS, the subject property qualifies as local historic resource and is significant under Criterion 1 because it is associated with events that have made a significant contribution to the broad patterns of local history. It is associated with the development of the Monte Regio Subdivision (Tract #1), the most extensive residential housing development in Monterey between 1926 and 1950. 136 Herrmann Drive, constructed in 1930-1931, is a very good and essentially intact example of the earliest housing development in the Monte Regio Subdivision Tract #1. The property is also significant under Criterion 3 in the area of architecture as an intact representative example of the high quality of housing design included in the subdivision, and retains all aspects of historic integrity;
WHEREAS, the HPC, at a properly noticed public hearing on July 14, 2022, carefully considered all of the information presented to it, including the agenda report and information submitted at the public hearing by interested persons, and adopted a resolution recommending that the PC recommend that the City Council adopt an ordinance rezoning the property; WHEREAS, the PC, at a properly noticed public hearing on July 26, 2022, carefully considered all of the information presented to it, including the agenda report and information submitted at the public hearing by interested persons, and adopted a resolution recommending that the City Council adopt an ordinance rezoning the property; WHEREAS, the City Council, at a properly noticed public hearing on August 16, 2022, carefully considered all of the information presented to it, including the agenda report and information submitted at the public hearing by interested persons; and, WHEREAS, the City of Monterey Planning Office determined the project is exempt from Council Regular Meeting, 8/16/2022, Item No. 10., Item Page 6, Packet Page 72 2 the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15305, Class 5) because the addition of H-2 overlay zoning to the property will not result in significant changes to land use limitations and will maintain a designated historic building consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Mills Act contracts require that all work performed subsequent to entering into a contract is consistent with those standards. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located - a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The addition of H-2 overlay zoning would not impact a resource of critical concern. The project proposes maintenance of a historic building consistent with the Secretary of the Interior’s Standards. The project would have a positive impact in that a historic resource would be maintained. The environment is not particularly sensitive (existing building and paved areas).

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. The addition of H-2 overlay zoning would add an additional layer of protection to the resource. The project proposes maintenance of a building consistent with the Secretary of the Interior’s Standards. No cumulative impacts would occur.

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 exist at the site. The building is an existing structure and the surrounding environment is an established residential area. The addition of H-2 overlay zoning would add an additional layer of protection to the resource. The project proposes to maintain the structure consistent with the Secretary of the Interior’s Standards for Rehabilitation. Therefore, a significant effect would not occur.

Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). The project proposes maintenance of a building consistent with the Secretary of the Interior’s Standards. The property is not located on or viewable from a state scenic highway. Therefore, impacts to scenic highways would not occur.

Exception e - Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. The project site is not listed pursuant to Government Code Section 65962.5. The project would have no impact to hazardous waste sites.

Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The building is eligible as a local historic resource and the addition of H-2 overlay zoning would add Council Regular Meeting, 8/16/2022, Item No. 10., Item Page 7, Packet Page 73 an additional layer of protection to the resource. The building maintenance would be consistent with the Secretary of the Interior’s Standards for Rehabilitation. The project would not cause an adverse change to the historic resource.

NOW THEREFORE, the Monterey City Council declares as follows:

SECTION 2: The above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

SECTION 3: The property at 136 Herrmann Drive is hereby rezoned from R-1-10 to R-1- 10-H-2, as shown in Exhibit A.

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 16th day of August, 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, 8/16/2022, Item No. 10., Item Page 8, Packet Page 74

EXHIBIT A
136 Herrmann Drive
Subject property
Rezoning from R-1-10
to R-1-10-H-2
Council Regular Meeting, 8/16/2022, Item No. 10., Item Page 9, Packet Page 75 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19
AUTHORIZING A MILLS ACT CONTRACT FOR THE PROPERTY AT 136 HERRMANN DRIVE
WHEREAS, Lorene M. Kimzey Tr., owner of the residence at 136 Herrmann Drive, submitted the required application and information to enter into a Mills Act Contract with the City of Monterey, including a detailed legal description (Exhibit A) and maintenance schedule that covers the life of the contract (Exhibit B);
WHEREAS, a Mills Act Contract is an agreement between the City of Monterey and the property owner of a City-designated historic building;
WHEREAS, the property owner benefits from a reduction in property taxes and the City is ensured that the historic building will be preserved; WHEREAS, granting the contract will serve to offset the costs of maintaining the resource;
WHEREAS, the City could expect to receive reduced tax revenue as a result of the Mills Act Contract in the amount of approximately $838.40-$1,257.60 annually; WHEREAS, the City Council finds that the property meets the eligibility requirements for the Mills Act Program in that it meets the eligibility requirements for H-2 overlay zoning and the property owner has applied to rezone the property, and granting the contract will serve to offset the costs of maintaining the resource;
WHEREAS, the authorization of the Mills Act contract will be in effect 30 days after City Council approval of the rezone;
WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15305, Class 5) because the addition of H-2 overlay zoning to the property will not result in significant changes to land use limitations and will maintain a designated historic building consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Mills Act contracts require that all work performed subsequent to entering into a contract is consistent with those standards. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located - a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The addition of H-2 overlay zoning would not impact a resource of critical concern. The project proposes maintenance of a historic Council Regular Meeting, 8/16/2022, Item No. 10., Item Page 10, Packet Page 76 2 building consistent with the Secretary of the Interior’s Standards. The project would have a positive impact in that a historic resource would be maintained. The environment is not particularly sensitive (existing building and paved areas).

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. The addition of H-2 overlay zoning would add an additional layer of protection to the resource. The project proposes maintenance of a building consistent with the Secretary of the Interior’s Standards. No cumulative impacts would occur.

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 exist at the site. The building is an existing structure and the surrounding environment is an established residential area. The addition of H-2 overlay zoning would add an additional layer of protection to the resource. The project proposes to maintain the structure consistent with the Secretary of the Interior’s Standards for Rehabilitation. Therefore, a significant effect would not occur.

Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). The project proposes maintenance of a building consistent with the Secretary of the Interior’s Standards. The property is not located on or viewable from a state scenic highway. Therefore, impacts to scenic highways would not occur.

Exception e - Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. The project site is not listed pursuant to Government Code Section 65962.5. The project would have no impact to hazardous waste sites.

Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The building is eligible as a local historic resource and the addition of H-2 overlay zoning would add an additional layer of protection to the resource. The building maintenance would be consistent with the Secretary of the Interior’s Standards for Rehabilitation. The project would not cause an adverse change to the historic resource; and,

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

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby authorizes a Mills Act contract for the property at 136 Herrmann Drive, with Exhibit A (Legal Description) and Exhibit B (Maintenance Schedule) attached hereto.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this 16th day of August, 2022, by the following vote:

Council Regular Meeting, 8/16/2022, Item No. 10., Item Page 11, Packet Page 77 3 AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/16/2022, Item No. 10., Item Page 12, Packet Page 78

EXHIBIT A
Council Regular Meeting, 8/16/2022, Item No. 10., Item Page 13, Packet Page 79 EXHIBIT B Council Regular Meeting, 8/16/2022, Item No. 10., Item Page 14, Packet Page 80 ATTACHMENT 3
Council Regular Meeting, 8/16/2022, Item No. 10., Item Page 15, Packet Page 81 ATTACHMENT 3
Council Regular Meeting, 8/16/2022, Item No. 10., Item Page 16, Packet Page 82 ATTACHMENT 3
Council Regular Meeting, 8/16/2022, Item No. 10., Item Page 17, Packet Page 83

Monterey City CouncilAugust 16, 2022

Monterey City Council
August 16, 2022