Agenda packet, regular meeting — Monterey City Council, September 6, 2022

Council Chamber, 580 Pacific
St., and Zoom Teleconference
Monterey, California
City Council Agenda
Council Regular Meeting
Tuesday, September 6, 2022
4:00 PM – 5:30 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.
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o This meeting will also stream live for viewing only on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90 second delay). ***Afternoon Session Agenda ***
4:00 - 5:30 p.m.

CALL TO ORDER

PLEDGE OF ALLEGIANCE
9/6/2022 4:00:00 PM
2 PUBLIC COMMENTS
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session.

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

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

Approval of Minutes

1. August 16, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)

2. August 24, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)
Award of Construction Contracts

3. Award a Construction Contract in the Amount of $1,528,124.01 to Wesco/Anixter for the POM Multiple Locations Replace Kaba Locks Project (POM 21-013) ***PMSA*** (Categorically Excluded from NEPA 32 CFR Part 651; Not a Project under CEQA per Pub. Resource Code, § 21080)
Ordinances
ORDINANCES are legislative acts by the Council, are the most permanent and binding type of Council action as they modify the City Code, and may be replaced only by a subsequent ordinance. An ordinance requires legal advertisement when introduced, and two readings at separate Council meetings. An ordinance is considered "passed to print" when approved for a second reading, and is "passed and adopted" when given final approval by the Council.

4. 2nd Reading of an Ordinance to Rezone 136 Herrmann Drive from R-1-10 to R-1- 10-H-2 as a City Historic Resource (Exempt from CEQA per Article 19, Section 15305, Class 5)
Resolutions
RESOLUTIONS are passed to express the policy of the Council on certain items or programs, or are passed to direct certain types of administrative action. A resolution may be changed by adoption of a subsequent resolution. Resolutions only require one reading and are approved when "passed and adopted."

5. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period September 17, 2022 through October 6, 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)
9/6/2022 4:00:00 PM
3 6. Authorize the Purchase of a Beach Tractor from RDO Equipment Co. in the Amount of $109,966.49 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

7. Authorize the City Manager to Enter into a Memorandum of Understanding between the Office of the District Attorney and the City of Monterey Regarding Law Enforcement Reimbursement for Hours Worked Under the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance 2021 Prosecuting Cold Cases Using DNA Grant (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

8. Authorize the City Manager and Chief of Police to enter into a Federal Equitable Sharing Agreement with the U.S. Department of Justice and U.S. Department of the Treasury to Participate in the Equitable Sharing Asset Forfeiture Program (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

9. Resolution Authorizing the City Manager to Enter Into a Memorandum of Understanding with Monterey County and the Cities of Carmel, Del Rey Oaks, Gonzales, Greenfield, King City, Pacific Grove, Sand City, Seaside, Soledad, Marina, and Salinas to Provide Local Law Enforcement Agency Access to the California Automated Fingerprint Identification System (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

10. Authorize Amendment to the Construction Contract with Precision Grade, Inc. for the Citywide Road Rehabilitation Project, Phase 3, to Increase the Contract Amount from $1,055,103.50 to $1,125,103.50 ***Measure S*** (Exempt from CEQA Article 19, Section 15301, Class 1)

11. Authorize Professional Services Agreement for On-Call Realtor Services for Affordable Housing to Sotheby’s International Realty, Inc. (Not a Project under CEQA Article 20 Section 15378 and under General Rule Article 5, Section 15061) *** End of Consent Agenda ***

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

12. Recommend that the City Council Adopt a Substantial Amendment to the 2019/2020 Annual Action Plan for Community Development Block Grant Funds, and Authorize Submittal to the U.S. Department of Housing and Urban Development (Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 19, Section 15301, Class1, 15306, Class 6 and 15326, Class 26) 9/6/2022 4:00:00 PM
4 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) ***

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

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

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

CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES:

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

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

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

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

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF MONTEREY
Tuesday, August 16, 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, Parks and Recreation Director, Fire Chief, Traffic Engineer, City Clerk, Associate Planner, Library & Museums Director, Deputy Human Resources Manager, Administrative Assistant, Senior Accountant, Administrative Analyst (Housing), Senior Engineer
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.
***Afternoon Session Agenda ***

CALL TO ORDER
Mayor Roberson called the meeting to order at 4:00 p.m. City Clerk Klein called the roll with all Councilmembers present as highlighted above.

PLEDGE OF ALLEGIANCE
Mayor Roberson led the Pledge.

PUBLIC COMMENTS
Public comment on non-agendized items was received from Nina Beety and Esther Malkin.

CONSENT ITEMS
Public comment on Consent Items was received from Elouise Shim, who said more money should be allocated fairly to homeless and low-income people and not as much to the youth shelter.

On question, Housing Analyst Leonard provided clarification about CDBG funds relating to Agenda Item 3.

Council pulled Item 6 from Consent and provided a brief correction to the attendance method listed for Councilmember Albert in the draft minutes (Agenda Item 1).

On a motion by Councilmember Albert, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS, except Item 6:

Date: 9/6/2022
Item No.: 1.

Council Regular Meeting, 9/6/2022, Item No. 1., Item Page 1, Packet Page 5 City Council Minutes August 16, 2022
2 AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Approval of Minutes

1. August 2, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)
Action: Approved as amended
Resolutions

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)
Action: Adopted Resolution No. 22-108 C.S.

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) Action: Adopted Resolution No. 22-109 C.S.

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)
Action: Adopted Resolution No. 22-110 C.S.

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)
Action: Adopted Resolution No. 22-111 C.S.

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) Action: Pulled from Consent; Discussed; Appointed real property negotiator Aldrete (4-1, Councilmember Smith voting no)
City Manager Uslar made brief explanatory comments and answered Councilmembers' questions, stating that there are no Tesla charging sites on City-owned property.

Public comment was received from John Lord, Tesla, Inc., who spoke in favor of the proposal before Council on the closed session agenda; Esther Malkin, who spoke against the proposal, Council Regular Meeting, 9/6/2022, Item No. 1., Item Page 2, Packet Page 6 City Council Minutes August 16, 2022
3 citing the high cost of Tesla vehicles and the reduced parking available to locals when Tesla charging stations are installed; and Wendy Brickman, Fisherman's Wharf Association, who spoke against the proposed location for the charging stations, citing loss of parking to wharf visitors.

A motion was introduced by Mayor Roberson, and seconded by Councilmember Albert, to appoint real property negotiator Janna Aldrete.

Comments were made by Council in favor of installing charging stations that will serve all electric vehicles, citing the catastrophic impacts of climate change. It was stated that charging stations should be where people are driving and parking, if the goal is to encourage electric vehicle use. It was clarified that this action by Council appoints a real property negotiator and does not approve the project.

Comment was made by Council against appointing the negotiator, citing that the proposal is not for the correct location.

The motion carried by the following roll-call vote:

AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 1 COUNCILMEMBERS: Smith
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)

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)
Action: Appointed real property negotiators Cole and Aldrete

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) Action: Received update

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)
Action: Appointed Justin Cheng to fill the vacant Alternate seat with a term expiring June 30, 2024
*** End of Consent Agenda ***

PUBLIC HEARING

10. 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) Action: Introduced ordinance and passed it to print, Adopted Resolution No. 22-112 C.S.

Council Regular Meeting, 9/6/2022, Item No. 1., Item Page 3, Packet Page 7 City Council Minutes August 16, 2022
4 Mayor Roberson introduced the ordinance by reading its full title. Principal Planner Roveri gave the staff presentation and answered Councilmembers' questions.

Public comment was received by Lorene Kimzey, the owner of the property, who spoke in favor of the rezone and Mills Act contract, and Esther Malkin, who asked for clarification on historic zoning designations.

On question from the public, Mayor Roberson stated that the proposed rezone would apply only to this property. Comments were made by the Council complimenting the beautiful home and in favor of the historic rezone. It was noted that Ms. Kimzey has been generous in sharing her previous historic home.

On a motion by Mayor Roberson, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council passed to print an Ordinance to Rezone 136 Herrmann Drive from R-1-10 to R-1-10-H-2 as a City Historic Resource and adopted Resolution No. 22-112 C.S. Authorizing a Mills Act Contract:

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, Councilmember Haffa, and Councilmember Williamson made no report.

Councilmember Smith stated that the Association of Monterey Bay Area Governments (AMBAG) heard an appeal on RHNA numbers and stated that the agency's financial reserves are strong. He encouraged the public to review videos of past Council meetings if they are curious about what was said.

Mayor Roberson reported on the Monterey Peninsula Water Management District and said that the board recently voted to consider Community Hospital of the Monterey Peninsula (CHOMP) and Montage as one entity for purposes of water allocation, which he said made a new medical center possible. He stated that the board looked at a budget item to update the appraisals on the California American Water property, and that until it's proved unfeasible or the voters instruct the District to stop, the District has to follow the mandate of Measure J.

CITY MANAGER REPORTS
City Manager Uslar stated that the third public meeting on the wireless ordinance would be held on September 13, 2022 before the Planning Commission. He stated that all firefighters were now home from wildfires except for one paramedic captain who just left for Northern California. *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was received from the following individuals on the General Employees of Monterey (GEM) labor negotations item, asking for the Council to consider increasing its offer to GEM in negotiations: Ryan Heron, LIUNA Local 792 and General Employees of Monterey (GEM), who read aloud a letter submitted to the City Council earlier in the day and spoke hopefully about the mediation process; Laura Pratt, GEM member, who expressed that staffing levels and pay are unsustainable; Michael Banon, GEM member, who Council Regular Meeting, 9/6/2022, Item No. 1., Item Page 4, Packet Page 8 City Council Minutes August 16, 2022
5 highlighted his personal financial struggles; Shay Balesteri, GEM Chairman, who expressed concern about the actions of the City's labor negotiators; and Undine Lauer, GEM member, who read aloud from a letter submitted to the City Council earlier in the day and said that her story was not unique. Pat Venza stated that residents see GEM employees doing important work throughout the City and that these employees should not be treated with less importance than higher-paid employees.

The Council adjourned to closed session at 5:17 p.m.

ADJOURNMENT
The Council adjourned at 7:30 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
City Clerk Mayor
Council Regular Meeting, 9/6/2022, Item No. 1., Item Page 5, Packet Page 9

MINUTES

CITY COUNCIL SPECIAL MEETING

CITY OF MONTEREY
Wednesday, August 24, 2022
4:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST., AND ZOOM TELECONFERENCE

MONTEREY, CALIFORNIA
Councilmembers

Present: Albert, Haffa, Williamson

Absent: Smith, Roberson
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Parks and Recreation Director, Fire Chief, City Clerk, Assistant City Attorney, Traffic Engineer, Library & Museums Director

CALL TO ORDER
Councilmember Albert called the meeting to order at 4:12 p.m. City Clerk Klein explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance.

Councilmember Albert stated that Mayor Roberson would join the Council for closed session but was not present for the open portion of the meeting, and that Vice Mayor Smith was absent.

PLEDGE OF ALLEGIANCE
Councilmember Williamson led the Pledge.

PUBLIC APPEARANCE

1. Adopt a Resolution Supporting the Principles of “Mutually Monterey: A Unified Governance Framework” (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Tabled (3-0-2, Councilmember Smith and Mayor Roberson absent) Public comment was not received.

On a motion by Councilmember Williamson, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by roll call, the City Council tabled the matter:

AYES: 3 COUNCILMEMBERS: Albert, Haffa, Williamson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 2 COUNCILMEMBERS: Smith, Roberson
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
***Adjourn to Closed Session (See additional agenda)*** Public comment on the closed session was not received.

The Council adjourned to closed session at 4:20 p.m.

ADJOURNMENT
Date: 9/6/2022
Item No.: 2.

Council Regular Meeting, 9/6/2022, Item No. 2., Item Page 1, Packet Page 10 City Council Minutes August 24, 2022
2 The Council adjourned at 6:07 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
City Clerk Mayor
Council Regular Meeting, 9/6/2022, Item No. 2., Item Page 2, Packet Page 11 Council
Agenda Report
№08/22
FROM: Andrea Renny, PE, PTOE, Interim Public Works Director Prepared By: Richard Llantero, PE, Senior Engineer
SUBJECT: Award a Construction Contract in the Amount of $1,528,124.01 to Wesco/Anixter for the POM Multiple Locations Replace Kaba Locks Project (POM 21-013) ***PMSA*** (Categorically Excluded from NEPA 32 CFR Part 651; Not a Project under CEQA per Pub. Resource Code, § 21080)
RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Approving the specifications for the POM Multiple Locations Replace Kaba Locks Project (POM 21-013) (“Project”) and granting the City Engineer, or designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Awarding a construction contract to Wesco/Anixter in the amount of $1,528,124.01 for the Total Base Bid in the specifications;

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

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

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

This action is consistent with the City’s policy to provide services to the U.S. Department of the Army through the Presidio Municipal Services Agency (PMSA) per the Intergovernmental Support Agreement (IGSA) between the City of Monterey and the Federal Government.

FISCAL IMPLICATIONS:

Monterey City Code section 28-14(a) allows for an exemption from formal bidding requirements in cases where the contract or purchase is capable of being performed through contracts negotiated by a cooperative purchasing agency that utilized acceptable bidding procedures (“piggyback” agreements). The award of this construction contract utilizes an accepted “piggyback” option from the Region 4 Education Service Center Contract (#R192008) through Omnia Partners (previously US Communities & National IPA), approved by the Finance Director, or her designee, on August 2, 2022.

Date: 9/6/2022
Item No.: 3.

Council Regular Meeting, 9/6/2022, Item No. 3., Item Page 1, Packet Page 12 The project is fully funded by the Department of the Army through the Intergovernmental Support Agreement (IGSA) and sufficient funding is available in the project account number POM 21-013.

ENVIRONMENTAL DETERMINATION:

The proposed action is categorically excluded under the provisions set forth in “Part II Department of Defense, Department of the Army, 32 CFR Part 651 Environmental Analysis of Army Actions; (29 March 2002 Edition) Appendix B to Part 651-Categorical Exclusions” as follows:

II(g )(1) Routine repair and maintenance of buildings, airfields, grounds, equipment, and other facilities. Examples include, but are not limited to: Removal and disposal of asbestos-containing material (for example, roof material and floor tile) or lead-based paint in accordance with applicable regulations; removal of dead, diseased, or damaged trees; and repair of roofs, doors, windows, or fixtures (REC required for removal and disposal of ACM and LBP or work on historic structures).

CEQA applies to discretionary projects. (Pub. Resources Code, § 21080, subd. (a).) CEQA does not apply to ministerial projects. (Pub. Resources Code, § 21080, subd. (b)(1).). There is a recognized policy consideration underlying the distinction between ministerial and discretionary projects. The purpose of CEQA is to minimize the adverse effects of new construction on the environment. To trigger CEQA compliance, the discretion must be of a certain kind; it must provide the agency with the ability and authority to mitigate environmental damage to some degree. Unless a public agency can shape the project in a way that would respond to concerns raised in an EIR, or its functional equivalent, environmental review would be a meaningless exercise.

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

ALTERNATIVES CONSIDERED:

Council could choose to not award the piggyback contract and direct staff to advertise the project for bids. This is not recommended, as the proposed piggyback contract allows for more efficient completion of the project.

DISCUSSION:

Overview
Under an Intergovernmental Support Agreement (IGSA), the City of Monterey provides services to the Department of the U.S. Army, which are fully reimbursed by the federal government. The City coordinates a variety of projects on the Presidio of Monterey (POM), Ord Military Community, and U.S. Army Support Activity - Camp Roberts, including this project to replace all Council Regular Meeting, 9/6/2022, Item No. 3., Item Page 2, Packet Page 13 discontinued ILCO Solitaire 710 and similar locks on POM with new ILCO 790 RFID Series locks.

Project
In general, the work consists of, but is not limited to, removal and disposal of over 2,300 Solitaire 710 series locks and outdated panic bars currently installed in the living quarters at the U.S. Army Garrison Presidio of Monterey and replace them with new ILCO 790 Radio Frequency Identification (RFID) series locks and panic bars.

This project was competitively bid on April 4, 2022. On May 10, 2022, the City received two proposals; however, both proposals were deemed unresponsive due to the bidders’ failure to submit the necessary bid bonds.

Due to the time-sensitive nature of the project, the limited pool of qualified suppliers/installers, and the recent worldwide supply chain-related delays and price increases in manufacturing and delivery of equipment and materials, Staff chose to expedite the project by utilizing an accepted “piggyback” option (Monterey Code 28-14) rather than re-bid the project. The lowest responsive, responsible bidder for the Region 4 Education Service Center Contract (#R192008) through Omnia Partners (previously US Communities & National IPA) was Wesco/Anixter. The Piggyback Purchase Request was approved by the Finance Director, or designee, on August 2, 2022.

Wesco/Anixter submitted a proposal in the original solicitation; Staff confirmed that the contract amount utilizing the cooperative purchasing agency agreement is in line with the numbers that were submitted from the initial bidding period for this Project. Staff also checked references for Wesco/Anixter and are confident in their ability to successfully complete the project.

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

2. Awarding a construction contract to Wesco/Anixter, in the amount of $1,528,124.01 for the Total Base Bid in the specifications ;

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

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

RL/mb
Attachments: 1. Resolution
e: Wesco/Anixter
John Hansen, Senior Administrative Analyst
Billy Garcia, IGSA Manager
Council Regular Meeting, 9/6/2022, Item No. 3., Item Page 3, Packet Page 14 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, 9/6/2022, Item No. 3., Item Page 4, Packet Page 15 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,528,124.01 TO

WESCO/ANIXTER FOR THE POM MULTIPLE LOCATIONS REPLACE KABA LOCKS PROJECT (POM 21-013) ***PMSA***
WHEREAS, on the 10th day of May 22, at 2:00 p.m. the City of Monterey received two (2) electronic bids through the City’s e-Procurement Portal for the POM Multiple Locations Replace Kaba Locks Project (POM 21-013) (“Project”);
WHEREAS, both bids were deemed unresponsive due to the bidders’ failure to submit the necessary bid bonds;
WHEREAS, due to the time-sensitive nature of the project, the limited pool of qualified suppliers/installers, and the recent worldwide supply chain related delays and price increases in manufacturing and delivery of equipment and materials, Staff chose to expedite the bidding portion of the project by utilizing an accepted “piggyback” option (Monterey Code 28-14); WHEREAS, the lowest responsive, responsible bidder for the Region 4 Education Service Center Contract (#R192008) through Omnia Partners (previously US Communities & National IPA) was Wesco/Anixter;
WHEREAS, a Piggyback Purchase Request was approved by Finance on August 2, 2022; WHEREAS, Wesco/Anixter submitted a proposal in the original solicitation and Staff confirmed that the contract amount utilizing the cooperative purchasing agency agreement is in line with the numbers that were submitted from the initial bidding period for this Project; WHEREAS, the project is fully funded by the Department of the Army through the Intergovernmental Support Agreement (IGSA) and sufficient funding is available in the project account number POM 21-013; and,
WHEREAS, the proposed action is categorically excluded under the provisions set forth in “Part II Department of Defense, Department of the Army, 32 CFR Part 651 Environmental Analysis of Army Actions; (29 March 2002 Edition) Appendix B to Part 651-Categorical Exclusions” as follows:

CEQA applies to discretionary projects. (Pub. Resources Code, § 21080, subd. (a).) CEQA does not apply to ministerial projects. (Pub. Resources Code, § 21080, subd. (b)(1).). There is a recognized policy consideration underlying the distinction between ministerial and discretionary Council Regular Meeting, 9/6/2022, Item No. 3., Item Page 5, Packet Page 16 2 projects. The purpose of CEQA is to minimize the adverse effects of new construction on the environment. To trigger CEQA compliance, the discretion must be of a certain kind; it must provide the agency with the ability and authority to mitigate environmental damage to some degree. Unless a public agency can shape the project in a way that would respond to concerns raised in an EIR, or its functional equivalent, environmental review would be a meaningless exercise.

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

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

1. Approves the specifications for the POM Multiple Locations Replace Kaba Locks Project (POM 21-013) (“Project”) and granting the City Engineer, or designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Awards a construction contract to Wesco/Anixter, in the amount of $1,528,124.01 for the Total Base Bid in the specifications;

3. Authorizes the City Manager, or his designee, to execute the contract upon the receipt of information required by the Project plans and specifications; and,

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

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 9/6/2022, Item No. 3., Item Page 6, Packet Page 17 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 Date: 9/6/2022
Item No.: 4.

Council Regular Meeting, 9/6/2022, Item No. 4., Item Page 1, Packet Page 18 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, 9/6/2022, Item No. 4., Item Page 2, Packet Page 19 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, 9/6/2022, Item No. 4., Item Page 3, Packet Page 20

EXHIBIT A
136 Herrmann Drive
Subject property
Rezoning from R-1-10
to R-1-10-H-2
Council Regular Meeting, 9/6/2022, Item No. 4., Item Page 4, Packet Page 21 Council
Agenda Report
FROM: Clementine Bonner Klein, City Clerk
SUBJECT: Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period September 17, 2022 through October 6, 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 September 17, 2022 through October 6, 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 streaming of public meetings on Comcast Channel 25 is provided under an ongoing public, Date: 9/6/2022
Item No.: 5.

Council Regular Meeting, 9/6/2022, Item No. 5., Item Page 1, Packet Page 22 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 September 16, 2022 (the expiration date of Resolution No. 22-108 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 August 16, 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 September 16, 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 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.

Council Regular Meeting, 9/6/2022, Item No. 5., Item Page 2, Packet Page 23 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 99.27% of COVID-19 cases in the United States as of August 13, 2022, as reported by the CDC on September 2, 2022.  According to Monterey County’s COVID-19 Biweekly Update updated on September 1, 2022, the COVID-19 case rate in Monterey County is 15.2 cases per 100,000 people with a test positivity rate of 11.2% (7-day average for both statistics), with 34 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 October 6, 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, 9/6/2022, Item No. 5., Item Page 3, Packet Page 24 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY

AUTHORIZE REMOTE TELECONFERENCE MEETINGS

OF THE CITY COUNCIL AND BOARDS, COMMISSIONS, AND COMMITTEES FOR THE PERIOD OF SEPTEMBER 17 THROUGH OCTOBER 6, 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, July 19, 2022, and August 16, 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 99.27% of COVID-19 cases in the United States as of August 13, 2022, as reported by the CDC on September 2, 2022;
WHEREAS, according to Monterey County’s COVID-19 Biweekly Update updated on September 1, 2022, the COVID-19 case rate in Monterey County is 15.2 cases per 100,000 people with a test positivity rate of 11.2% (7-day average for both statistics), with 34 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, 9/6/2022, Item No. 5., Item Page 4, Packet Page 25 2 change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

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

1. The above recitals are true and correct and are incorporated herein by this reference.
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 October 6, 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, 9/6/2022, Item No. 5., Item Page 5, Packet Page 26 Council
Agenda Report
№08/22
FROM: Andrea Renny, Interim Public Works Director
Submitted By: Rex VanSlyke, Fleet Manager
SUBJECT: Authorize the Purchase of a Beach Tractor from RDO Equipment Co. in the Amount of $109,966.49 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution:

1. Authorizing the purchase of one beach tractor from RDO Equipment Co. of Salinas in the amount of $109,966.49; and,

2. Authorizing the City Manager, or his designee, to enter into agreements related to the purchase.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

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

FISCAL IMPLICATIONS:

The Equipment Replacement Fund has adequate funding for purchasing this tractor and has been appropriated in the FY 2022-23 adopted budget. The expenditure will come from account 705-110-1130-5210-4503. The Equipment Replacement Fund serves to centrally account for the new or replacement costs for all vehicle apparatus and heavy equipment assets. The cost of this service is charged back to the operating departments. An internal service fund is used to account for the financing of goods or services provided by one department to other departments of the City on a cost-reimbursement basis
The Beach Tractor, John Deere Model 6120E Cab Tractor and John Deere 540M Loader, would be purchased from Deere & Company, and fulfilled by RDO Equipment Co., under the Sourcewell Contract number 110719-JDC. A cooperative procurement contract, such as the Sourcewell Contract, is an exception to the City’s competitive procurement requirements pursuant to Monterey City Code section 28-14(a).

ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect Date: 9/6/2022
Item No.: 6.

Council Regular Meeting, 9/6/2022, Item No. 6., Item Page 1, Packet Page 27 on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

Council could choose not to replace the Beach Tractor at this time. This action is not recommended due to the new mandate from the California Air Resources Board (see Discussion section below) and extreme rust issues. The City only has one beach tractor in its inventory, and it is utilized to clean and maintain Monterey’s beautiful beaches and helps ensure contaminants such as debris and garbage do not enter the Monterey Bay National Marine Sanctuary.

DISCUSSION:

The Air Resources Board Off-Road Regulation (“DOORS”) has set a new mandate requiring all off-road diesel-powered equipment operated in the State of California be Tier 4 emissioncertified by January 1, 2026. The City currently has seven assets that fall under this regulation, with two of the seven assets having been replaced in the past couple of years. All five remaining assets will need to be replaced by January 1, 2026 to avoid a non-compliance issue. Replacing the beach tractor in FY23 helps with the City’s overall regulation requirement, as well as reduces anticipated maintenance costs and time out-of-service due to extreme rust issues.

The current City beach tractor was manufactured in 2011 and purchased in February 2012. The life cycle age of this tractor is set at ten years, making it one year past its predetermined replacement time. The current beach tractor engine hours are 2,904 which equates to 174,240 miles. To date, the operating and maintenance costs are $148,298 of which $52,000 has been in the past three years, and fuel costs are $6,068. Daily usage and the continual barrage of salt and sand has taken its toll and retaining this asset will not only prove to be costly, but will also jeopardize the City’s chances of remaining in compliance with the January 1, 2026 regulatory mandate.

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

1. Authorizing the purchase of one beach tractor from RDO Equipment Co. of Salinas in the amount of $109,966.49; and,

2. Authorizing the City Manager, or his designee, to enter into agreements related to the purchase.

RV/dt
Attachments: 1. Resolution
e: Stefanie Miller, RDO Equipment Co.

Council Regular Meeting, 9/6/2022, Item No. 6., Item Page 2, Packet Page 28 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, 9/6/2022, Item No. 6., Item Page 3, Packet Page 29 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
AUTHORIZE THE PURCHASE OF A BEACH TRACTOR FROM RDO EQUIPMENT CO. IN THE AMOUNT OF $109,966.49
WHEREAS, the California Air Resources Board has set a new mandate requiring all offroad diesel-powered equipment operated in the State of California be Tier 4 emission-certified by January 1, 2026;
WHEREAS, the current beach tractor was purchased in February 2012 but has an engine manufacturing date of 2011;
WHEREAS, the City wishes to enter into a contract with RDO Equipment Co., under the Sourcewell Contract number 110719-JDC for the purchase of one beach tractor. A cooperative procurement contract, such as the Sourcewell Contract, is an exception to the City’s competitive procurement requirements pursuant to Monterey City Code 28-14 (a); WHEREAS, the Equipment Replacement Fund has adequate funding for the purchase of this tractor and has been appropriated in the FY 2022-23 adopted budget. The expenditure will come from account 705-110-1130-5210-4503; and,
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

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

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

1. Authorizes the purchase of one beach tractor from RDO Equipment Co. of Salinas in the amount of $109,966.49; and,
Council Regular Meeting, 9/6/2022, Item No. 6., Item Page 4, Packet Page 30 2 2. Authorizes the City Manager, or his designee, to enter into agreements related to the purchase.

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, 9/6/2022, Item No. 6., Item Page 5, Packet Page 31 Council
Agenda Report
№08/22
FROM: David J. Hober, Chief of Police
Prepared By: Karen Faurot, Senior Administrative Analyst SUBJECT: Authorize the City Manager to Enter into a Memorandum of Understanding between the Office of the District Attorney and the City of Monterey Regarding Law Enforcement Reimbursement for Hours Worked Under the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance 2021 Prosecuting Cold Cases Using DNA Grant (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council adopt a resolution authorizing the City Manager to enter into a Memorandum of Understanding (MOU) with the Office of District Attorney of Monterey County and the City of Monterey for law enforcement reimbursement of hours worked under the U.S.

Department of Justice, Office of Justice Programs, Bureau of Justice Assistance 2021 Prosecuting Cold Cases Using DNA Grant (Grant).

VALUE DRIVERS:

POLICY IMPLICATIONS:

This action is consistent with prior Council direction regarding the acquisition of grant funding to supplement the cost of essential City programs, functions, and operations.

FISCAL IMPLICATIONS:

The grant provides for a maximum reimbursement amount of $26,124. The level of funds received depends on the number of suspects identified using DNA, the Monterey Police Department reserve officer’s rate of pay, the number of hours worked, and forensic testing costs. All reimbursements will be deposited to the City’s General Fund.

ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) CCR, Title 14, Chapter 3 (“CEQA Guidelines”) Article 20, Section 15378. In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant Date: 9/6/2022
Item No.: 7.

Council Regular Meeting, 9/6/2022, Item No. 7., Item Page 1, Packet Page 32 to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

City Council could choose not to accept reimbursement from the Monterey County Office of the District Attorney for hours worked under the 2021 DNA Cold Case Grant, thereby eliminating the potential for additional revenue.

DISCUSSION:

The Monterey County District Attorney’s Office Cold Case Task Force received a $535,000 grant from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (US DOJ) in January 2022. The program provides funding to support agencies in the resolution of violent crime cold cases by providing resources for agencies to prosecute cases where a suspect’s DNA has been identified. The Grant allows the Monterey District Attorney to reimburse other agencies that assist with the resolution of violent crime cold cases when the crimes occurred within the jurisdiction of the County of Monterey.

The Monterey Police Department has employed a police reserve officer who works with the Monterey County District Attorney to investigate cold cases in Monterey County. The reserve officer has provided invaluable investigative experience and has increased the County’s capacity to address and close violent crime cold cases. Investigative costs and the reserve officer’s salary expenses, as related to DNA cold-case investigations, are reimbursable through the Grant.

Staff requests City Council authorize the City Manager to enter into a Memorandum of Understanding with the Monterey County District Attorney’s Office to receive reimbursements for expenses related to cold cases using DNA evidence.

DJH/kf
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, 9/6/2022, Item No. 7., Item Page 2, Packet Page 33 RESOLUTION NO. __- ___ C.S.

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

AUTHORIZE THE CITY MANAGER TO ENTER INTO A

MEMORANDUM OF UNDERSTANDING BETWEEN THE OFFICE OF THE DISTRICT

ATTORNEY AND THE CITY OF MONTEREY REGARDING LAW ENFORCEMENT REIMBURSEMENT FOR HOURS WORKED UNDER THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE 2021

PROSECUTING COLD CASES USING DNA GRANT
WHEREAS, the Monterey County District Attorney’s Office Cold Case Task Force received a $535,000 grant from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance in January 2022; and
WHEREAS, the grant provides funding to support agencies in the resolution of violent crime cold cases by providing resources for agencies to prosecute cases where a suspect’s DNA has been identified; and
WHEREAS, the grant allows the Monterey District Attorney to reimburse other agencies that assist with the resolution of violent crime cold cases when the crimes occur within the jurisdiction of the County of Monterey for a maximum reimbursement amount of $26,124; and WHEREAS, the Monterey Police Department Reserve Officer works with the Monterey County District Attorney to investigate cold cases in Monterey County and has provided invaluable investigative experience while increasing the County’s capacity to address and close violent crime cold cases; and
WHEREAS, investigative costs and salary expenses, as related to DNA cold case investigations, are reimbursable through the grant; and WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) CCR, Title 14, Chapter 3 (“CEQA Guidelines”) Article 20, Section 15378. In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

Council Regular Meeting, 9/6/2022, Item No. 7., Item Page 3, Packet Page 34 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY it hereby authorizes the City Manager to enter into a Memorandum of Understanding between the Office of the District Attorney and the City of Monterey regarding law enforcement reimbursement for hours worked under the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance 2021 Prosecuting Cold Cases Using DNA Grant.

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, 9/6/2022, Item No. 7., Item Page 4, Packet Page 35 Council
Agenda Report
№08/22
FROM: David J. Hober, Chief of Police
Prepared By: Karen Faurot, Senior Administrative Analyst SUBJECT: Authorize the City Manager and Chief of Police to enter into a Federal Equitable Sharing Agreement with the U.S. Department of Justice and U.S. Department of the Treasury to Participate in the Equitable Sharing Asset Forfeiture Program (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

It is recommended that City Council authorize the City Manager to enter into an Equitable Sharing Agreement with the Department of Justice and Department of the Treasury to participate in the Equitable Sharing Asset Forfeiture Program VALUE DRIVERS:

POLICY IMPLICATIONS:

This action is consistent with Monterey’s current policy as it relates to interagency cooperation.

City Council authorization is required before the City Manager can enter into this agreement on behalf of the City.

FISCAL IMPLICATIONS:

The fiscal implications will vary depending on the number of federal criminal investigations in Monterey’s jurisdiction and the Monterey Police Department’s level of participation.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 9/6/2022, Item No. 8., Item Page 1, Packet Page 36 the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

City Council could decide to not participate in the Federal Equitable Sharing Program for Asset Forfeiture.

DISCUSSION:

The Crime Control Act of 1984 authorized federal officials to implement a national asset forfeiture program. Federal law authorizes the U.S. Attorney General to share federally forfeited property with participating state and local law enforcement agencies according to the degree of direct participation in the law enforcement effort that resulted in the forfeiture. These joint criminal investigations may originate from participation on a federal task force or from local investigations that are developed into federal cases.

Asset forfeiture monies provide valuable resources that may not have otherwise been available and may only be used for law enforcement purposes. In order to receive the City of Monterey’s share of assets, an agreement must be submitted annually to both the U.S. Department of Justice and the U. S. Department of the Treasury that certifies that any funds received are subject to standard accounting requirements and practices and in accordance with federal regulations. This agreement continues to allow this partnership as the previous agreement expires.

Staff requests City Council authorize the City Manager and Chief of Police to enter into a Federal Equitable Sharing Agreement with the U.S. Department of Justice and the U.S.

Department of the Treasury to participate in the Equitable Sharing Asset Forfeiture Program.

DJH/kf
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, 9/6/2022, Item No. 8., Item Page 2, Packet Page 37 RESOLUTION NO. __- ___ C.S.

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

AUTHORIZE THE CITY MANAGER AND CHIEF OF POLICE TO ENTER INTO A FEDERAL EQUITABLE SHARING AGREEMENT WITH THE U.S. DEPARTMENT OF JUSTICE AND U.S. DEPARTMENT OF THE TREASURY TO PARTICIPATE IN THE EQUITABLE SHARING

ASSET FORFEITURE PROGRAM
WHEREAS, the U.S. Department of Justice and the U.S. Department of the Treasury require an agreement be submitted annually by law enforcement agencies in order to participate in the Equitable Sharing Asset Forfeiture Program; and
WHEREAS, Federal law authorizes the Attorney General to share federally forfeited property with participating state and local law enforcement agencies according to the degree of direct participation in the law enforcement effort that resulted in the forfeiture; and WHEREAS, asset forfeiture monies provide valuable resources that may not have otherwise been available and may only be used for law enforcement purposes; and WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) CCR, Title 14, Chapter 3 (“CEQA Guidelines”) Article 20, Section 15378. In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

Council Regular Meeting, 9/6/2022, Item No. 8., Item Page 3, Packet Page 38 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY it hereby authorizes the City Manager and Chief of Police to enter into a Federal Equitable Sharing Agreement with the U.S. Department of Justice and the U.S.

Department of the Treasury to participate in the Equitable Sharing Asset Forfeiture Program.

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, 9/6/2022, Item No. 8., Item Page 4, Packet Page 39 Council
Agenda Report
№08/22
FROM: David J. Hober, Chief of Police
Prepared By: Karen Faurot, Senior Administrative Analyst SUBJECT: Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding with Monterey County and the Cities of Carmel, Del Rey Oaks, Gonzales, Greenfield, King City, Pacific Grove, Sand City, Seaside, Soledad, Marina, and Salinas to Provide Local Law Enforcement Agency Access to the California Automated Fingerprint Identification System (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution authorizing the city manager to enter into a Memorandum of Understanding (MOU) with the County of Monterey (County) and the cities of Carmel, Del Rey Oaks, Gonzales, Greenfield, King City, Pacific Grove, Sand City, Seaside, Soledad, Marina and Salinas (Cities) to provide law enforcement access to the California Automated Fingerprint Identification System (AFIS).

VALUE DRIVERS:

POLICY IMPLICATIONS:

This action will require the City enter into a Memorandum of Understanding (MOU) with other Monterey County agencies and is in keeping with the Council’s desire to pool resources and regionalize efforts.

FISCAL IMPLICATIONS:

Prior to the commencement of any fiscal year, the County of Monterey will provide estimated budgetary costs for that fiscal year along with the calculated share of cost which is to be allocated among the parties to this MOU.

County estimates the cost share to the City of Monterey for Fiscal Year 2023 to be $14,860 which will be paid from the Monterey Police Department budget.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 9/6/2022, Item No. 9., Item Page 1, Packet Page 40 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:

City Council could choose not to authorize the MOU and to not provide the Monterey Police Department access to AFIS, however doing so will limit the department’s ability to identify persons suspected of committing a crime or linking a suspect to other unsolved crimes.

DISCUSSION:

The California State Department of Justice maintains an automated system for retaining and identifying fingerprints called CAL-ID. Penal Code, Section 11112 et seq., provides for the establishment of a Remote Access Network (RAN) which consists of a statewide network of equipment and procedures allowing local law enforcement agencies direct access to CAL-ID.

The County of Monterey has established a local board (RAN Board) which is charged with determining the placement, delivery, installation, and procedures for the use and maintenance of RAN equipment within the County.

The RAN Board and the Department of Justice developed a local Automated Fingerprint Identification System (AFIS) to directly access the CAL-ID system using endpoint devices. The system is primarily used by law enforcement agencies for criminal identification purposes, the most important of which is the identification of a person suspected of committing a crime or linking a suspect to other unsolved crimes.

The RAN Board authorized system upgrades which will be implemented in November 2022.

Monterey County has requested participating agencies enter into an MOU that reflects system changes, outlines system replacement, and upgrade costs, and provides procedural direction to the Ran Board.

City staff request that the City Council authorizes the City Manager to enter into an agreement with the County of Monterey and Monterey County law enforcement agencies to provide local law enforcement agency access to the California Automated Fingerprint Identification System.

DJH/kf
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, 9/6/2022, Item No. 9., Item Page 2, Packet Page 41 RESOLUTION NO. __- ___ C.S.

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF

UNDERSTANDING WITH MONTEREY COUNTY AND THE CITIES OF CARMEL, DEL REY

OAKS, GONZALES, GREENFIELD, KING CITY, PACIFIC GROVE, SAND CITY, SEASIDE,

SOLEDAD, MARINA, AND SALINAS TO PROVIDE LOCAL LAW ENFORCEMENT AGENCY

ACCESS TO THE CALIFORNIA AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM WHEREAS, the California State Department of Justice maintains the CAL-ID system for retaining and identifying fingerprints and provides for the establishment of a Remote Access Network (RAN) consisting of a statewide network of equipment and procedures allowing local law enforcement agencies direct access to CAL-ID; and
WHEREAS, the County of Monterey established a local RAN Board which is charged with determining the placement, delivery, installation, and procedures for the use and maintenance of RAN equipment within the County; and
WHEREAS, the RAN Board and the Department of Justice developed a local Automated Fingerprint Identification System (AFIS) to directly access the CAL-ID system; and WHEREAS, the Monterey County RAN Board authorized a California Automated Fingerprint Identification System upgrade and is requiring participating law enforcement agencies enter into a Memorandum of Understanding that reflects system changes, outlines system replacement and upgrade costs, and provides procedural direction to the RAN Board; 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 FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY it hereby authorizes the City Manager to enter into a memorandum of understanding with Monterey County and the Cities of Carmel, Del Rey Oaks, Gonzales, Council Regular Meeting, 9/6/2022, Item No. 9., Item Page 3, Packet Page 42 2 Greenfield, King City, Pacific Grove, Sand City, Seaside, Soledad, Marina, and Salinas to provide local law enforcement agency access to the California Automated Fingerprint Identification System.

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, 9/6/2022, Item No. 9., Item Page 4, Packet Page 43 Council
Agenda Report
№08/22
FROM: Andrea Renny, PE, PTOE, Interim Public Works Director Prepared By: Megan Beckman, Administrative Clerk
SUBJECT: Authorize Amendment to the Construction Contract with Precision Grade, Inc. for the Citywide Road Rehabilitation Project, Phase 3, to Increase the Contract Amount from $1,055,103.50 to $1,125,103.50 ***Measure S*** (Exempt from CEQA Article 19, Section 15301, Class 1)
RECOMMENDATION:

That the City Council authorize the City Manager to execute Amendment 1 to the contract, authorized by Resolution 22-020, with Precision Grade, Inc. for the Citywide Road Rehabilitation Project, Phase 3, increasing the contract amount from $1,055,104 to $1,125,104, an increase to the contract of $70,000.

VALUE DRIVERS:

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

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

POLICY IMPLICATIONS:

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

On November 16, 2021, eight (8) bids were received and opened by the Finance Director’s designee as follows:

Bidder Grand Total
Precision Grade, Inc., San Juan Batista, CA $959,185.00 McKim Corporation, Gilroy, CA $985,406.62
Granite Rock Company, San Jose, CA $1,007,107.00
Monterey Peninsula Engineering, Marina, CA $1,040,760.00 Date: 9/6/2022
Item No.: 10.

Council Regular Meeting, 9/6/2022, Item No. 10., Item Page 1, Packet Page 44 The Don Chapin Company, Salinas, CA $1,124,525.00
Teichert Construction, Pleasanton, CA $1,169,531.00
Granite Construction Company, Watsonville, CA $1,195,691.28 ASG Builders, Mountain View, CA $1,700,570.00
Total Project Construction Estimate:

Construction Contract $ 959,185
Construction Contingency, 10% $ 95,919
Original Estimated Construction Cos $1,055,104
Construction Management and Inspection (Staff) $ 40,000 Materials Testing $ 20,000
Original Estimated Cost to Complete the Project $1,115,104 Estimated Construction Cost for the Additional Work:

Additional Work (This Authorization) $ 70,000
Total Cost of the Project $1,185,104
Funding Sources:

Measure P/S Pavement (35c1553) $ 184,212
Sufficient funding is available to complete the additional work. This authorization is fully reimbursable through the Cooperative Funding Agreement between the City and Middlebury College, Van Buren Street Improvements (Ag-10966).

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project proposes ADA upgrades along Van Buren from beginning at Jefferson Street and ending at W Franklin. The scope of work involves the removal and replacement of existing concrete curb, gutter, cross gutter, sidewalk, curb ramps, storm drainage, signage and striping, isolated street surface repairs, street reconstruction, adjustment of utilities, and hot mix asphalt pavement. 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, 9/6/2022, Item No. 10., Item Page 2, Packet Page 45 Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. There would be no cumulative impact because the project proposes the removal and replacement of concrete curb, gutter, cross gutter, sidewalk, curb ramps, storm drainage, signage and striping, isolated street surface repairs, street reconstruction, adjustment of utilities, and hot mix asphalt pavement; therefore, no new expansion will take place.

Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). The proposed improvements are at grade and would replace pavement in-kind; therefore, no impacts to scenic highways will occur.

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

Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The project is located in an archeological sensitive area as shown in the General Plan (Figure 8); however, the proposed project would not require digging beyond current improvements. The work would be confined to the public right-of-way; there would be no impacts to any historic structures. The proposed improvements would remove and replace existing pavement sections by grinding 6" (or less) in depth- no digging. Additionally, the project will include archeological monitoring during construction.

Therefore, impacts to archaeological resources would not occur.

ALTERNATIVES CONSIDERED:

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

DISCUSSION:

On March 15, 2022, Council adopted Resolution 22-020, awarding a construction contract to Precision Grade, Inc for the Grand Total Bid for the Citywide Road Rehabilitation Project, Phase 3 in the amount of $959,185, and authorized staff to expend an additional 10% for unforeseen construction contingencies. The Project consists of the removal and replacement of noncompliant ADA ramps and deteriorated pavement on various streets throughout the City of Council Regular Meeting, 9/6/2022, Item No. 10., Item Page 3, Packet Page 46 Monterey. The scope of this project includes ADA upgrades along Van Buren, beginning at Jefferson Street and ending at West Franklin Street.

The scope of the improvements along Van Buren Street offered the potential of a partnership with the Middlebury Institute of International Studies at Monterey (MIIS) to ‘bundle’ improvements required by MIIS’s site development plan. The project plans and specifications included additive alternatives that capture MIIS’s required elements. Therefore, the true costs of the work to be performed would be accounted for and reimbursed by MIIS. The specific improvements consist of an improved parking lot entrance and an improved mid-block pedestrian crossing, those improvements amount to $247,813 of the original contract amount of $1,055,104.

The City entered into a Cooperative Funding Agreement with MIIS, which allows the college to initiate change orders for additional work due to field changes during construction. Per the agreement, MIIS is responsible for any and all costs related to these change orders. To date, MIIS has requested approximately $70,230 for additional work to include irrigation changes, additional curb gutter demo and replacement, and relocation of ITS communication conduits.

These change orders will expend 73% of the original contingency approved by Council, at only 30% completion of the overall project. Therefore, an increased contingency is necessary to address any unforeseen conditions that may arise during the remainder of the project.

Therefore, Staff recommends that the City Council authorize the City Manager to execute Amendment 1 to the contract with Precision Grade, Inc. for the Citywide Road Rehabilitation Project, Phase 3, increasing the contract amount from $1,055,104 to $1,125,104, an increase to the contract of $70,000.

AR/mb
Attachments: 1. Resolution
c: Precision Grade, Inc.

Middlebury Institute of International Studies at Monterey (MIIS) 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, 9/6/2022, Item No. 10., Item Page 4, Packet Page 47 RESOLUTION NO. __- ___ C.S.

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

AUTHORIZE AMENDMENT TO THE CONSTRUCTION CONTRACT WITH PRECISION GRADE, INC. FOR THE CITYWIDE ROAD REHABILITATION PROJECT, PHASE 3, TO INCREASE THE CONTRACT AMOUNT FROM $1,055,103.50 TO $1,125,103.50 ***MEASURE S***
WHEREAS, on March 15, 2022, Council adopted Resolution 22-020, awarding a construction contract to Precision Grade, Inc for the Grand Total Bid for the Citywide Road Rehabilitation Project, Phase 3 in the amount of $959,185, and authorized staff to expend an additional 10% for unforeseen construction contingencies; WHEREAS, the City of Monterey and the Middlebury Institute of International Studies at Monterey (MIIS) agreed to work cooperatively to design the proposed improvements, and the City of Monterey entered into a cooperative funding agreement with the President and Fellows of Middlebury College (MIIS);
WHEREAS, the City and MIIS entered a Cooperative Funding Agreement, which allows MIIS to initiate change orders for additional work for field design changes during construction.

Per the agreement, MIIS is responsible for any and all costs related to these change orders; WHEREAS, MIIS has requested approximately $70,230 for additional work to include irrigation changes, additional curb gutter demo and replacement, and relocation of ITS communication conduits, and will expend 73% of the original contingency with only 30% completion of the project;
WHEREAS, sufficient funding is available to complete the additional work in the Measure P/S Pavement account (35c1553) and this authorization is fully reimbursable through the Cooperative Funding Agreement; and,
WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project proposes ADA upgrades along Van Buren from beginning at Jefferson Street and ending at W Franklin. The scope of work involves the removal and replacement of existing concrete curb, gutter, cross gutter, sidewalk, curb ramps, storm drainage, signage and striping, isolated street surface repairs, street reconstruction, adjustment of utilities, and hot mix asphalt pavement. 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 Council Regular Meeting, 9/6/2022, Item No. 10., Item Page 5, Packet Page 48 2 resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Exception a - Location - does not apply to projects which are exempt under Class 1.

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. There would be no cumulative impact because the project proposes the removal and replacement of concrete curb, gutter, cross gutter, sidewalk, curb ramps, storm drainage, signage and striping, isolated street surface repairs, street reconstruction, adjustment of utilities, and hot mix asphalt pavement; therefore, no new expansion will take place.

Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). The proposed improvements are at grade and would replace pavement in-kind; therefore, no impacts to scenic highways will occur.

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

Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The project is located in an archeological sensitive area as shown in the General Plan (Figure 8); however, the proposed project would not require digging beyond current improvements. The work would be confined to the public right-of-way; there would be no impacts to any historic structures. The proposed improvements would remove and replace existing pavement sections by grinding 6" (or less) in depth- no digging. Additionally, the project will include archeological monitoring during construction.

Therefore, impacts to archaeological resources would not occur.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby authorizes the City Manager to execute Amendment 1 to the contract with Precision Grade, Inc. for the Citywide Road Rehabilitation Project, Phase 3, increasing the contract amount from $1,055,104 to $1,125,104, an increase to the contract of $70,000.

Council Regular Meeting, 9/6/2022, Item No. 10., Item Page 6, Packet Page 49 3 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 9/6/2022, Item No. 10., Item Page 7, Packet Page 50 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Grant Leonard, AICP, Housing Analyst
SUBJECT: Authorize Professional Services Agreement for On-Call Realtor Services for Affordable Housing to Sotheby’s International Realty, Inc. (Not a Project under CEQA Article 20 Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution authorizing a professional service agreement for OnCall Realtor Services for affordable housing to Sotheby’s International Realty, Inc., for an annual not-to-exceed amount of $100,000 for a two-year term with the option to extend for an additional two-year term and authorize the City Manager to execute the agreement.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

Entering inter a professional services agreement for on-call realtor services supports the City’s on-going housing efforts, including those intended to serve extremely low, very low and lowincome residents through the City’s Purchase and Resale Program.

FISCAL IMPLICATIONS:

The contract has a not-to-exceed amount of $100,000 annually. Funds for this action will be taken from the proceeds of City owned affordable housing unit sales. Units are purchased with housing funds. There is no impact to the General Fund in 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.

Date: 9/6/2022
Item No.: 11.

Council Regular Meeting, 9/6/2022, Item No. 11., Item Page 1, Packet Page 51 ALTERNATIVES CONSIDERED:

Council could elect not to award the agreement. However, this is not recommended. After extensively advertising a formal request for proposals, Sotheby’s International Realty, Inc. was chosen as the most qualified firm to provide affordable housing realtor services DISCUSSION:

The City is dedicated to providing low-income and moderate-income housing to households who would otherwise not be able to afford a home in Monterey, and to sustaining the City’s inventory of affordable housing. For the Purchase and Resale program, the Housing Office utilizes a portion of the housing program funds to purchase and rehabilitate for resale deed-restricted ownership housing units. The City exercises first right to purchase options to preserve deedrestricted housing units for resale. Purchased units are often rehabilitated and refreshed prior to sale to qualified first-time homebuyers. The Purchase and Resale Program provides for a small increase in value each year. It is an opportunity to gain all of the benefits of ownership, such as tax benefits, increased equity, and freedom from renting.

The City desires to contract with a qualified licensed Real Estate Broker to work on an “on-call” basis to provide services related to the sale of City-owned low- and median-income deedrestricted residential properties, and for assistance with the possible resale purchase of other units that are offered to the City. Knowledge of the City’s affordable housing programs was required. Firms were given preference if they were able to demonstrate experience conducting real estate transactions for affordable housing properties in the local housing market.

On May 25, 2022, the Housing Programs Office advertised a Request for Proposals (RFP) for On-Call Realtor Services for Affordable Housing. Proposals were due June 8, 2022. After distributing the request for proposals to a list of over local realtor firms, including the Monterey County Association of Realtors, and advertising on the City’s website, the Housing Programs Office received two responsive proposals. One response was received from Steinbeck Realty, and the other proposal was from Sotheby’s International Realty, Inc. A selection committee consisting of two in-house staff independently reviewed the proposals based on a qualifications selection process pursuant to the formal request for proposals and the City’s purchasing policies and conducted interviews with each firm.

The top-ranked firm, Sotheby’s International Realty, Inc., was selected based on the firm’s qualifications, experience, and responsiveness in addition to the other criteria set forth in the RFP. Sotheby’s International Realty, Inc. has extensive experience conducting real estate transactions for affordable housing properties in the local housing market and has extensive knowledge of the City’s affordable housing programs and goals.

Therefore, staff recommends that the City Council adopt the attached resolution to authorize the City Manager to enter into a professional services agreement for On-Call Realtor Services for Affordable Housing with Sotheby’s International Realty, Inc.

KC/GL
Attachments: 1. Draft Resolution
c: Sotheby’s International Realty, Inc.

Council Regular Meeting, 9/6/2022, Item No. 11., Item Page 2, Packet Page 52 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, 9/6/2022, Item No. 11., Item Page 3, Packet Page 53 RESOLUTION NO. __- ___ C.S.

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

AUTHORIZING PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL

REALTOR SERVICES FOR AFFORDABLE HOUSING
WHEREAS, the City desires to contract for on-call realtor services for various affordable housing ownership units;
WHEREAS, the City issued a formal request for proposals on May 25, 2022 for affordable housing on-call realtor services;
WHEREAS, the City received two responsive proposals by the June 8, 2022 deadline; WHEREAS, a thorough qualifications-based selection review was conducted on the proposals received;
WHEREAS, Sotheby’s International Realty, Inc. was selected based on the firm’s qualifications, affordable housing experience, and responsiveness; WHEREAS, funds for this action will be taken from the proceeds of City-owned affordable housing unit sales, and there will be no impact to the General Fund; 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 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 authorize the City Manager to enter into a professional services agreement with Sotheby’s International Realty, Inc. for On-Call Realtor Services for Affordable Council Regular Meeting, 9/6/2022, Item No. 11., Item Page 4, Packet Page 54 2 Housing for an annual not-to-exceed amount of $100,000 for a two-year term with the option to extend for an additional two-year term.

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, 9/6/2022, Item No. 11., Item Page 5, Packet Page 55 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Grant Leonard, Administrative Analyst
SUBJECT: Recommend that the City Council Adopt a Substantial Amendment to the 2019/2020 Annual Action Plan for Community Development Block Grant Funds, and Authorize Submittal to the U.S. Department of Housing and Urban Development (Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 19, Section 15301, Class1, 15306, Class 6 and 15326, Class 26) RECOMMENDATION:

That the City Council conduct a public hearing and receive public comments on the proposed Substantial Amendment to the 2019/2020 Annual Action Plan for Community Development Block Grant Funds, and adopt a resolution recommending that the City Council approve the Substantial Amendment and authorize submission to the U.S. Department of Housing and Urban Development (HUD).

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

The 2019-2020 Action Plan is a one-year plan and budget that implements year five of the City’s adopted 2015–2019 Five Year Consolidated Plan (Con Plan) for spending federal CDBG money on programs to benefit low- and moderate-income households residing in the City. Amending the 2019-2020 Annual Action Plan will allow the City to use CDBG CARES Act funding to provide new and increased public service grants to agencies that serve low-income residents and employees within Monterey.

FISCAL IMPLICATIONS:

The City of Monterey has been awarded $105,968 in additional CDBG funding from the CARES Act that was passed by Congress on March 27th, 2020. Amending the 2019-2020 Annual Action Plan will allow the City to receive the $105,968 in CDBG Cares Act funding and begin using it for new and increased public service grants.

ENVIRONMENTAL DETERMINATION:

The Action Plan Amendment is considered exempt under the Federal National Environmental Policy Act (NEPA) guidelines (24 CFR Part 58). The Action Plan is also determined to be exempt from the California Environmental Quality Act Guidelines (Article 19, Section 15301, Class1, 15306, Class 6 and 15326, Class 26) because the projects proposed for funding including public service grant program, non-profit and City public infrastructure projects, housing Date: 9/6/2022
Item No.: 12.

Council Regular Meeting, 9/6/2022, Item No. 12., Item Page 1, Packet Page 56 preservation and planning and administration have been determined to not have a significant effect on the environment.

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 recommending the draft Action Plan amendment for review and implementing budget includes the public service grant program, non-profit and City public infrastructure projects, housing preservation and planning and administration. No sites have been selected and impacts are not anticipated.

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 recommending the draft Action Plan amendment for review and implementing budget includes the public service grant program, non-profit and City public infrastructure projects, housing preservation and planning and administration. No cumulative impacts are foreseeable.

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 recommending the draft Action Plan amendment for review and implementing budget includes the public service grant program, nonprofit and City public infrastructure projects, housing preservation and planning and administration. No significant effect is anticipated.

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. There are no project sites referenced in the Action Plan and implementing budget are not listed on any list compiled pursuant to Section 65962.5 of the Government Code.

ALTERNATIVES CONSIDERED:

The City Council may make changes to the proposed Substantial Amendment if it determines that changes are necessary to better implement City policy. However, staff has evaluated the Council Regular Meeting, 9/6/2022, Item No. 12., Item Page 2, Packet Page 57 proposed Substantial Amendment and determined it implements policies contained in the General Plan Housing Element and the Con Plan.

DISCUSSION:

Background
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into Public Law 116-136 to respond to the growing effects of COVID-19. The CARES Act made available $5 billion in Community Development Block Grant Coronavirus (CDBG-CV) funds. Of this amount, HUD allocated $2 billion based on the fiscal year 2019-2020 CDBG formula and made the first round of fund allocations earlier in 2020. Monterey’s CDBG-CV1 allocation was $152,845 and was allocated towards an Emergency Rental Assistance Program in the first substantial amendment. As the Council is well aware, the City was a leader in establishing the first Emergency Rental Assistance Program during the early days of COVID-19 and distributed all the money to qualified low-income households.

HUD then allocated the remaining $3 billion based on needs in the following tranches: $1 billion to states and insular areas, and $2 billion to states and local governments at the discretion of the HUD Secretary. The City of Monterey’s allocation of CDBG-CV3 was $395,110. This money supplemented the City’s Emergency Rental Assistance Program and was also distributed.

Due to some grantees declining their previous CDBG-CV awards, HUD is reallocating $3,069,687 to grantees that have demonstrated the capacity to quickly expend the funds.

Monterey, having fully expended its previous CDBG-CV1 and CDBG-CV3 awards, has been selected to receive a portion of this reallocation in the amount of $105,968. This additional allocation brings Monterey’s total CDBG-CV funds to $653,923, with $105,968 available in new funding.

The CDBG-CV special allocation is governed through HUD. The City of Monterey as an entitlement city, must comply with HUD prescribed statutes and regulations to add this special funding to the current Annual Action Plan. Per HUD 24 CFR 24 Part 91.505 -the jurisdiction, in this case the City of Monterey, shall amend the approved Consolidated Plan and Annual Action Plans when:

A substantial change (e.g., 50% or more) in its allocation priorities or a substantial change in the method of distribution of funds takes place; or
 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  Substantially change the purpose, scope, location, or beneficiaries of an activity.

Additionally, the substantial change criteria utilized by the City of Monterey as established by the City’s Citizen Participation Plan is determined by a change in an activity which had been originally initiated through the HUD Program and in which the change would exceed:

1. Changes in the use of CDBG funds from one eligible project to another (for example, from housing rehabilitation to public services).

2. A proposed action or change that may create a significant community impact. A significant community impact is defined as either:

Council Regular Meeting, 9/6/2022, Item No. 12., Item Page 3, Packet Page 58 a. Any federal grant-funded project or activity that results in a significant environmental impact as that term is defined pursuant to the National Environmental Policy Act (NEPA) (42 U.S.C. 4231 et seq); or b. Any federal grant-funded project or activity that generates relocation of at least 20 resident households and/or two existing businesses which are subject to the federal Uniform Relocation Act (42 U.S.C. 4601 et seq, 42 U.S.C. 4621 et seq, and 42 U.S.C. 4651 et seq).

Proposed Amendment to the 2019 – 2020 Annual Action Plan Each year, the City provides CDBG-funded Public Service Grants to eligible non-profits serving low-income and at-risk residents of the City, including seniors, the homeless, and disabled persons. This partnership allows the City to receive beneficial services for low-income and atrisk residents while not directly managing complex social service programs.

Each year, the City’s non-profit partner agencies share that there is a great need for additional funding. However, the City is limited in how much public service grant funding it can allocate by CDBG regulations that stipulate that no more than 15% of CDBG entitlement grant and program income can be spent on public services.

In recognition of the important role non-profit agencies play in responding to COVID-19, HUD has waived the 15% cap on public service grants is for CARES Act funding. Recognizing the continued need for additional funding for public services provided by the City’s non-profit partner agencies, the City proposes that the additional CARES Act funding be used for:
 New and Increased Public Services totaling $105,968
The City will allocate these funds in conjunction with the yearly Public Service Grant application period of Fiscal Year 2023-24, thereby ensuring a competitive, transparent application process for the additional funding.

HUD regulations state that the City may fund activities to respond and prevent further spread of an infectious disease. The City will allocate CDBG-CV funds to those agencies that have the greatest need and will make the biggest impact. These funds will assist the local organizations serving Monterey residents to alleviate the impacts of COVID-19.

Public Comments
HUD requires that entitlement communities provide the public with a 30-day comment period to provide residents and other interested parties an opportunity to provide input on the proposed Amendment. This public comment period began August 8, 2022 and closes September 7, 2022.

The City will incorporate any comments received during the public comment period.

KC/GL
Attachments: 1. Resolution

2. Draft Substantial Amendment
e: HUD San Francisco Regional Office
Public Services Grant Applicants and Attendees
Council Regular Meeting, 9/6/2022, Item No. 12., Item Page 4, Packet Page 59 Coalition of Homeless Service Providers
Monterey Neighborhood Associations
Monterey Business Associations
David Hober, Police Chief
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, 9/6/2022, Item No. 12., Item Page 5, Packet Page 60 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
ADOPT A SUBSTANTIAL AMENDMENT TO THE 2019/2020 ANNUAL ACTION PLAN FOR

COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AND AUTHORIZE SUBMITTAL TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WHEREAS, since 1975, the City of Monterey has been an eligible metropolitan entitlement city under the CDBG programs;
WHEREAS, the Five Year (2015-2019) Consolidated Plan (the “Consolidated Plan”) adopted in Resolution No. 15-135 identified funding sources to provide housing and housing services and prioritized the use of local, state and federal funds; WHEREAS, the Fiscal Year 2019/2020 Budget and Action Plan adopted in Resolution No. 19-052 identified funding sources to provide housing and housing services and prioritized the use of local, state and federal funds;
WHEREAS, On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into Public Law 116-136 to respond to the growing effects of COVID19. The CARES Act made available $5 billion in Community Development Block Grant Coronavirus (CDBG-CV) funds;
WHEREAS, the City of Monterey’s first CDBG-CV allocation was $152,845 and the City used that funding for an Emergency Rental Assistance Program. The City was a leader in establishing the first Emergency Rental Assistance Program during the early periods of COVID19 and distributed all the money to qualified low-income households; WHEREAS, the City of Monterey received a second CDBG-CV allocation $395,110 and the City used that funding for an Emergency Rental Assistance Program. This money supplemented the City’s Emergency Rental Assistance Program and was also distributed; WHERAS, the City of Monterey is receiving a third CDBG-CV allocation in the amount of $105,968, and is proposing to use this funding for new and increased Public Services.

WHEREAS, the City of Monterey’s Citizen Participation Plan requires a substantial amendment to an Annual Action Plan when a new project or funding is proposed during the Action Plan year;
WHEREAS, the Action Plan Amendment is considered exempt under the Federal National Environmental Policy Act (NEPA) guidelines (24 CFR Part 58). The Action Plan Amendment is also determined to be exempt from the California Environmental Quality Act Guidelines (Article 19, Section 15301, Class1, 15306, Class 6 and 15326, Class 26) because the projects proposed for funding including public service grant program, non-profit and City public infrastructure projects, housing preservation and planning and administration have been determined to not have a significant effect on the environment.

Council Regular Meeting, 9/6/2022, Item No. 12., Item Page 6, Packet Page 61 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 recommending the draft Action Plan amendment for review and implementing budget includes the public service grant program, non-profit and City public infrastructure projects, housing preservation and planning and administration. No sites have been selected and impacts are not anticipated.

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 recommending the draft Action Plan amendment for review and implementing budget includes the public service grant program, non-profit and City public infrastructure projects, housing preservation and planning and administration. No cumulative impacts are foreseeable.

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 recommending the draft Action Plan amendment for review and implementing budget includes the public service grant program, nonprofit and City public infrastructure projects, housing preservation and planning and administration. No significant effect is anticipated.

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. There are no project sites referenced in the Action Plan and implementing budget are not listed on any list compiled pursuant to Section 65962.5 of the Government Code.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY it hereby adopt a Substantial Amendment to the 2019/2020 Annual Action Plan for Community Development Block Grant Funds, and authorize submittal to the U.S.

Council Regular Meeting, 9/6/2022, Item No. 12., Item Page 7, Packet Page 62 3 Department of Housing and Urban Development as presented and discussed at the September 6, 2022 Public Hearing and reflected in Exhibit A.

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, 9/6/2022, Item No. 12., Item Page 8, Packet Page 63

EXHIBIT A

CITY OF MONTEREY
2019 - 2020 ANNUAL ACTION PLAN

SUBSTANTIAL AMENDMENT

ALLOCATION OF FUNDS RELATED TO THE CARES ACT
Introduction
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into Public Law 116-136 to respond to the growing effects of COVID-19. The CARES Act made available $5 billion in Community Development Block Grant Coronavirus (CDBG-CV) funds. Of this amount, HUD allocated $2 billion based on the fiscal year 2019-2020 CDBG formula and made the first round of fund allocations earlier in 2020. Monterey’s CDBG-CV1 allocation was $152,845 and was allocated towards an Emergency Rental Assistance Program in the first substantial amendment. HUD then allocated the remaining $3 billion based on needs in the following tranches: $1 billion to states and insular areas, and $2 billion to states and local governments at the discretion of the HUD Secretary. The City of Monterey’s allocation of CDBG-CV3 was $395,110.

Due to some grantees declining their previous CDBG-CV awards, HUD is reallocating $3,069,687 to grantees that have demonstrated the capacity to quickly expend the funds.

Monterey, having fully expended it’s previous CDBG-CV1 and CDBG-CV3 awards, has been selected to receive a portion of this reallocation in the amount of $105,968. This additional allocation brings Monterey’s total CDBG-CV funds to $653,923, with $105,968 available in new funding.

The CARES Act adds flexibility for the CDBG-CV funding and, in some cases, for the annual fiscal year 2019-2020 CDBG funding; additionally, the Secretary is authorized to grant waivers and alternative requirements of statutes and regulations in connection with the use of CDBG-CV funds and fiscal year 2019 and 2020 CDBG funds (except for requirements related to fair housing, nondiscrimination, labor standards, and environment). Waivers and alternative requirements can be granted when necessary to expedite and facilitate the use of funds to prevent, prepare for, and respond to COVID19. Moreover, virtual public hearings may be used when necessary for public health reasons, the public service cap is suspended during the emergency, and state and local governments may reimburse costs of eligible activities incurred for pandemic response regardless of the date.

The CDBG-CV special allocation is governed through HUD; therefore, the City of Monterey as an entitlement city, must comply with HUD prescribed statutes and regulations to add this special funding to the current Annual Action Plan. Per HUD 24 CFR 24 Part 91.505 -the jurisdiction, in this case the City of Monterey, shall amend the approved Consolidated Plan and Annual Action Plans when:
 A substantial change (e.g., 50% or more) in its allocation priorities or a substantial change in the method of distribution of funds takes place; or Council Regular Meeting, 9/6/2022, Item No. 12., Item Page 9, Packet Page 64

EXHIBIT A
 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  Substantially change the purpose, scope, location, or beneficiaries of an activity.

1. Changes in the use of CDBG funds from one eligible project to another (for example, from housing rehabilitation to public services).

2. A proposed action or change that may create a significant community impact. A significant community impact is defined as either:
a. Any federal grant-funded project or activity that results in a significant environmental impact as that term is defined pursuant to the National Environmental Policy Act (NEPA) (42 U.S.C. 4231 et seq); or b. Any federal grant-funded project or activity that generates relocation of at least 20 resident households and/or two existing businesses which are subject to the federal Uniform Relocation Act (42 U.S.C. 4601 et seq, 42 U.S.C. 4621 et seq, and 42 U.S.C. 4651 et seq).

Previous Amendment to the Citizen Participation Plan
When it received the first round of CARES Act funding (CDBG-CV1), the City amended its Citizen Participation to allow for Virtual Meetings and public comment for the proposed use of all Department of Housing and Urban Development funds. In-person public hearings are not required. The City of Monterey may meet public hearing requirements with virtual public hearings if: 1) national/local health authorities recommend social distancing and limiting public gatherings for public health reasons; and 2) virtual hearings provide reasonable notification and access for citizens in accordance with the City’s certifications, timely responses from City officials to all citizen questions and issues, and public access to all questions and responses.

Proposed Amendment to the 2019 – 2020 Annual Action Plan A description of the new activities being added to the fiscal year are as follows:
 New and Increased Public Services
HUD regulations state that the City may fund activities to respond and prevent further spread of an infectious disease. The City will allocate CDBG-CV funds to those agencies that have the greatest need and will make the biggest impact.

These funds will assist the local organizations serving Monterey residents to alleviate the impacts of COVID-19.

The above activities and subsequent funding amounts will be revised in the 2019-2020 Annual Action Plan.

Council Regular Meeting, 9/6/2022, Item No. 12., Item Page 10, Packet Page 65

EXHIBIT A
HUD requires that entitlement communities provide the public with a 30-day comment period to provide residents and other interested parties an opportunity to provide input on the proposed Amendment. This public comment period will run from August 8, 2022, to September 7, 2022.

Public Comments
The City will incorporate any comments received during the public comment period.

Council Regular Meeting, 9/6/2022, Item No. 12., Item Page 11, Packet Page 66

Monterey City CouncilSeptember 6, 2022

Monterey City Council
September 6, 2022