Agenda packet — Monterey City Council, September 20, 2022

Council Chamber, 580 Pacific
St., and Zoom Teleconference
Monterey, California
City Council Agenda
Council Regular Meeting
Tuesday, September 20, 2022
4:00 PM – 5:30 PM
7:00 PM – 11:00 PM
City Council
Clyde Roberson, Mayor
Dan Albert, Councilmember
Alan Haffa, Councilmember
Ed Smith, Councilmember
Tyller Williamson, Councilmember
City Manager
Hans Uslar
IMPORTANT NOTICE: Pursuant to California Government Code section 54953(e)(1)(A) and (C) and the Monterey City Council’s resolution authorizing virtual participation in public meetings given the COVID-19 pandemic, meetings of the Monterey City Council and its Boards, Commissions, and Committees are being conducted with a hybrid format providing both inperson and virtual (electronic) participation in order to promote social distancing and protect the health and safety of attendees.

Details for public participation in this City Council meeting:
 BEFORE THIS MEETING, members of the public may submit comment(s) to [email protected] until ½ hour before the start of the meeting. These messages will not be read aloud during the meeting but are made available to the Council and public at monterey.org/submitted-comments and in the City Manager’s Office at 580 Pacific St., Room 1, Monterey, CA 93940 during regular business hours. All comments received become part of the record.
 DURING THIS MEETING, members of the public may attend and participate:
o In-person (location listed above), with masks 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

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 9/20/2022 4:00:00 PM
2 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: For regular meetings with an afternoon and evening session, Public Comments are taken during both sessions. 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. September 6, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)
Resolutions
RESOLUTIONS are passed to express the policy of the Council on certain items or programs, or are passed to direct certain types of administrative action. A resolution may be changed by adoption of a subsequent resolution. Resolutions only require one reading and are approved when "passed and adopted."

2. Authorize the Appropriation of Funds in the Presidio of Monterey Public Works Fund for the Army Flooring Replacement Projects Under the Presidio Municipal Services Agency Intergovernmental Support Agreement ***PMSA*** (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080)

3. Accept and Authorize the Appropriation of Funds in the Presidio of Monterey Public Works Fund for the Army Boiler Replacement Project Under the Presidio Municipal Services Agency Intergovernmental Support Agreement ***PMSA*** (NEPA Not a Project, CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1)))

4. Authorize the City Manager to enter into the Pedestrian and Bicycle Wayfinding Program Regional Funding Agreement with the Transportation Agency for Monterey County (TAMC) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

5. Authorize an Appropriation of Sewer Line Maintenance Funds in the Amount of $75,000 and Award a Contract in the Amount of $84,316.20 to Duke's Root Control, Inc. for Annual Sewer Root Foaming 2022 (Exempt from CEQA Article 19, Section 15301, Class 1)

6. Authorize the Use of Permanent Local Housing Allocation Funds for Predevelopment Costs Related to Development of Affordable Housing at 587 and 593 Van Buren Street, 424 and 450 Madison Street (Exempt from CEQA per Article19, Section 15306, Class 6)

7. Review and Amend the Monterey Conflict of Interest Code to Update the List of Positions Required to File Statements of Economic Interest (FPPC Form 700) (Not a project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
9/20/2022 4:00:00 PM
3 8. Authorize Agreement with Presidio Networked Solutions Group, LLC for Purchase of Network Hardware, Software, Professional Services, and Multiyear Support (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Other

9. Receive Mayor’s Recommendation and Appoint Janie Barnard Silveria to the Board of Library Trustees (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061)
*** End of Consent Agenda ***

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

10. Adopt the Program Year 2021 Consolidated Annual Performance and Evaluation Report for Housing and Community Development Programs; and, Authorize Submission to the U.S. Department of Housing and Urban Development (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)

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

11. Comprehensive FY2022-23 Budget Amendments, Amend Resolution 21-106 to Update the Salary Schedule for Employees in the Information Technology Department, and other Capital Improvement Project (CIP) Appropriations (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

12. Amend Resolution No. 18-179 to Authorize Amendment to City Attorney Employment Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061)
*** Adjourn to Closed Session (See additional agenda) *** Council will adjourn to closed session no later than 5:00 p.m.

RECESS 5:30 p.m.

RECONVENE
9/20/2022 4:00:00 PM
4 *** Evening Session Agenda ***
7:00 - 11:00 p.m.

No discussion of a new item will be started after 10:30 p.m.

PLEDGE OF ALLEGIANCE

CONTINUED PUBLIC COMMENTS
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: For regular meetings with an afternoon and evening session, Public Comments are taken during both sessions. Individuals may choose to speak once for up to three minutes at either session, but not both.

ANNOUNCEMENTS FROM CLOSED SESSION

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

13. Adopt the Fiscal Year 2022/23 Neighborhood and Community Improvement Program ***NCIP*** (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

14. 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)

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.

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. 9/20/2022 4:00:00 PM
5 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, September 6, 2022
4:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST., AND ZOOM TELECONFERENCE

MONTEREY, CALIFORNIA
Councilmembers

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

Absent: None
* Attended remotely by teleconference
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Community Development Director, Parks and Recreation Director, Finance Director, City Clerk, Property Manager, Library & Museums Director, Interim Public Works Director, Human Resources Director, Senior Engineer, Senior Accountant, Assistant Police Chief
***Afternoon Session Agenda ***
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. 22-108 C.S.

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

PLEDGE OF ALLEGIANCE
Mayor Roberson led the Pledge. City Clerk Klein called the roll, with the full Council present as highlighted above.

PUBLIC COMMENTS
Public comment on non-agendized matters was received from Michael Johnson and Beth Fabinsky. Numerous speakers at this time spoke about an agendized closed session item (see closed session public comments below).

CONSENT ITEMS
Item 9 was removed from Consent at the request of the public. The Council noted a number of details about Item 10 including praising excellent work by Public Works staff and the patience of City residents who voted yes on Measure S.

On a motion by Councilmember Smith, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS except Item 9:

AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Date: 9/20/2022
Item No.: 1.

Council Regular Meeting, 9/20/2022, Item No. 1., Item Page 1, Packet Page 6 City Council Minutes September 6, 2022
2 Approval of Minutes

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

2. August 24, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)
Action: Approved
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)
Action: Adopted Resolution No. 2-113 C.S.

Ordinances

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) Action: Adopted Ordinance No. 3655 C.S.

Resolutions

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)
Action: Adopted Resolution No. 22-114 C.S.

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)
Action: Adopted Resolution No. 22-115 C.S.

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) Action: Adopted Resolution No. 22-116 C.S.

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) Action: Adopted Resolution No. 22-117 C.S.

Council Regular Meeting, 9/20/2022, Item No. 1., Item Page 2, Packet Page 7 City Council Minutes September 6, 2022
3 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)
Action: Removed from Consent; Adopted Resolution No. 22-118 C.S.

A brief verbal presentation was given by City Manager Uslar.

Public comment was received from Eloise Shim, who expressed multiple concerns about fingerprinting, relating to data security, errors, cost, and invasiveness.

The Council shared comments about the safety and effectiveness of the current LiveScan process.

On a motion by Councilmember Haffa, seconded by Mayor Roberson, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 22- 118 C.S. to enter into the MOU:

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

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) Action: Adopted Resolution No. 22-119 C.S.

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)
Action: Adopted Resolution No. 22-120 C.S.
*** End of Consent Agenda ***

PUBLIC HEARING

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) Action: Adopted Resolution No. 22-121 C.S.

Housing Analyst Leonard gave the staff presentation and answered Councilmembers' questions.

Public comment was received from Esther Malkin, who urged the Council to use funds for a renter protection program.

Council Regular Meeting, 9/20/2022, Item No. 1., Item Page 3, Packet Page 8 City Council Minutes September 6, 2022
4 A motion was introduced by Councilmember Albert, and seconded by Councilmember Haffa, 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.

It was stated by the Council that creating a sustainable rental assistance program would be preferable to using one-time monies, and that revenues from a potential future cannabis retail could support such a program. It was stated that the CDBG public service subrecipients serve people in great need and the City usually cannot give as much as the programs request, and this was an opportunity to provide more funding for the programs.

The motion carried by the following roll-call vote:

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

COUNCIL COMMENTS
Councilmember Albert reported on a recent MST town hall in Marina on the subject of the SURF! bus lane planned to alleviate congestion on Highway 1.

Councilmember Haffa stressed to the public that bicyclists have the right to be on the road, and urged everyone to drive safely and respectfully of others and respect the space of people on bicycles. He shared issues that he has experienced as a cyclist dealing with bulbouts in the road.

Councilmember Williamson wished a happy belated Labor Day to everyone and stressed that it is important to recognize the work being done by people in the workforce. He made appreciative comments about the City staff and about the labor movement.

Councilmember Smith recognized the September 2 anniversary of the end of World War II, thanking veterans and stating, "never again." He thanked the community partners involved in the recent addiction and overdose awareness event on the Colton Hall lawn and spoke about the dangers of fentanyl and opiates and the importance of education on these subjects.

CITY MANAGER REPORTS
City Manager Uslar announced that the City's Park(ing) Day event would be held on September 16 on Alvarado Street, and shared that updated bivalent COVID-19 boosters were now available in local pharmacies.
*** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was received from: Jacqueline C. Simon, Wendy Brickman, Chris Shake, and Tom Rowley, who all spoke in support of adding a supercharger station but expressed concern about the proposed location in the Waterfront Parking Lot; Joanne Crist, who proposed considering other electric vehicle charging companies and asserted that CCS compatibility must be demanded of Tesla; Bruce Crist, who expressed a concern about favoritism and lack of due diligence in considering the proposal and questioned the agenda item being scheduled for a closed session; Beth Fabinsky, Citizen's Climate Lobby, Council Regular Meeting, 9/20/2022, Item No. 1., Item Page 4, Packet Page 9 City Council Minutes September 6, 2022
5 who spoke in support of the charging station and also asked that DC Fast chargers be installed in the immediate future; and Esther Malkin, who encouraged the Council to work with a less elitist and more accessible charging option.

The Council adjourned to closed session at 5:13 p.m.

ANNOUNCEMENT FROM CLOSED SESSION
cs1. Conference with Labor Negotiator Pursuant to Government Code section 54957.6 - Unrepresented Employee (City Attorney); Agency Negotiator: Che Johnson, Esq. (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: On a unanimous roll call vote the Council gave confidential direction to its labor negotiator
cs2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Brette Neal, Gina Russo, Che Johnson; General Employees of Monterey (GEM), Monterey Fire Chief Officers' Association (MFCOA), and Monterey Fire Fighters' Association (MFFA) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: On a unanimous roll call vote, the Council approved the General Employees of Monterey (GEM) tentative agreement; the agreement includes a two year term with 4% increase on pay period following adoption, and 4% on July 1, 2023; a $500 lump sum on pay period following adoption, and a $500 lump sum on July 1, 2023, and the City will provide 60 days advance notice prior to contracting out new work. On a unanimous roll call vote, the Council gave confidential direction to its labor negotiator regarding the Monterey Fire Chief Officers' Association (MFCOA). On the matter of the Monterey Fire Fighters' Association (MFFA) no reportable action was taken. cs3. Conference with Legal Counsel – Existing Litigation Pursuant to Government Code Section 54956.1(d)(1): WARREN, RICHARD vs. CITY OF MONTEREY (Workers’ Compensation Appeals Board) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: On a unanimous roll call vote, the Council gave confidential direction to its legal counsel
cs4. Conference with Legal Counsel – Existing Litigation Pursuant to Government Code Section 54956.1(d)(1): ERLICH, DAVID vs. CITY OF MONTEREY (Workers’ Compensation Appeals Board) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: On a unanimous roll call vote, the Council gave confidential direction to its legal counsel
cs5. A. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1):

1. Discovery Charters, Inc. v. City of Monterey (Monterey County Superior Court Case No. 19CV001743; Sixth District Court of Appeals Case No. H049770)

2. Alexander Dubelman v. City of Monterey, Amma Farms et al (Monterey County Superior Court Case No. 22 CV001080)

3. Bonnie Gawf v. City of Monterey (Monterey County Superior Court Case No. 20CV003232)

4. Ryan Pace v. City of Monterey, et al (Monterey County Superior Court Case No. 21 CV003538)

5. Pacific Western Bank v. City and SEI (San Bernadino Superior Court Case No. 2212212) Council Regular Meeting, 9/20/2022, Item No. 1., Item Page 5, Packet Page 10 City Council Minutes September 6, 2022
6 6. Stronghold Engineering, Inc. v. City of Monterey (Santa Clara County Superior Court Case No. 18CV329015; Sixth District Court of Appeal Case No. H050157)

7. Stronghold Engineering, Inc. v City of Monterey (Riverside County Superior Court Case No.

CVR12103427)

8. Sichel Young v. City of Monterey, et al (Monterey County Superior Court Case No. 22CV002243)

9. Kathleen Sullivan v. Hinshaw et al. (Monterey County Superior Court Case No. 22CV000557)

10. Cynthia Wills v. City of Monterey (United States District Court, Northern District of California, San Francisco Division Case No. 21-CV-01998 EMC) B. Conference with Legal Counsel, Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2), (e)(3):

Yessenia Reveles, Mason Reyes, and Remi Reyes Claims received on August 3, 2022 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: No reportable action taken
cs6. Closed Session 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: On a roll call vote of 3-2, with Councilmembers Albert and Smith voting no, the Council gave confidential direction to its property negotiators

ADJOURNMENT
The Council adjourned at 9:16 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
City Clerk Mayor
Council Regular Meeting, 9/20/2022, Item No. 1., Item Page 6, Packet Page 11 Council
Agenda Report
№mm/dd
FROM: Andrea Renny, Interim Public Works Director
Prepared By: John Hansen, Senior Administrative Analyst SUBJECT: Authorize the Appropriation of Funds in the Presidio of Monterey Public Works Fund for the Army Flooring Replacement Projects Under the Presidio Municipal Services Agency Intergovernmental Support Agreement ***PMSA*** (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub.

Resource Code, § 21080)
RECOMMENDATION:

That the City Council adopt a resolution increasing the projected revenues and authorizing the appropriation of funds in the Presidio of Monterey Public Works Fund for the Army Flooring Replacement Projects under the Presidio Municipal Services Agency Intergovernmental Support Agreement.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

This 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:

The City has received two Individual Job Order awards and funding under the PMSA’s master IGSA to replace flooring in Buildings 627 and 629a. Below are the project budgets:

IJO
Number
Building
Number
Funding
POM 22-034 627 $807,065.09
POM 22-035 629A $500,239.34
Total $1,307,304.43
These new project expenditure budgets total $1,307,304.43 and will be fully reimbursed by an increase in Special Project Reimbursement Fees collected by the City from the Army. This action has no cost impact to the General Fund.

ENVIRONMENTAL DETERMINATION:

The proposed action has been reviewed in accordance with the National Environmental Policy Act (NEPA) and determined to qualify for a Categorical Exclusion (CX). The proposed action is Date: 9/20/2022
Item No.: 2.

Council Regular Meeting, 9/20/2022, Item No. 2., Item Page 1, Packet Page 12 categorically excluded under NEPA Record of Environmental Consideration 21061 and 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:

Section 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 asbestoscontaining 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:

The City Council could choose not to appropriate the funds. This alternative is not recommended because the City has a contractual agreement to provide project services to the Army under the 2016 Intergovernmental Support Agreement. By approving performance of these project services, the success of the City’s partnership with the Army is strengthened.

DISCUSSION:

From time to time, the Army modifies the allocated funding of the Intergovernmental Support Agreement depending on the availability of funds. The Army has executed and awarded an Individual Job Order (IJO) under the IGSA for the replacement of floor coverings in two barracks at the Presidio of Monterey.

The purpose of these IJOs is to replace the existing carpet floor covering in Barrack 627 and Barrack 629A with new Vinyl Composite Tiles (VCT). The work includes removing and disposing all floor coverings, transition strips, and cove bases, asbestos testing, installing new vinyl tiles, and sealing and polishing concrete flooring on the ground floor. All work will comply with all Army environmental regulations.

The recommended appropriation of funds will be used for the execution and delivery of the Floor Replacement projects within the City’s Presidio of Monterey Public Works Fund. This new Council Regular Meeting, 9/20/2022, Item No. 2., Item Page 2, Packet Page 13 project expenditure budget total of $1,307,304.43 will be fully reimbursed by an increase in Special Project Reimbursement Fees collected by the City from the Army. This action has no cost impact to the General Fund.

Therefore, Staff recommends that the City Council adopt a resolution increasing the revenues, (account 650-310-3199-3658) and authorizing the appropriation of funds (650-310-3199-2001- 5027) in the Presidio of Monterey Public Works Fund for the Army Flooring Replacement Projects under the Presidio Municipal Services Agency Intergovernmental Support Agreement.

AR/jh
Attachments: 1. Resolution
e: Billy Garcia, IGSA Manager
Christopher Dwight, General Services Superintendent
Richard Llantero, Senior Engineer
Wendy Davies, Senior Accountant
Alexandria Girometti, Accounting Assistant
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, 9/20/2022, Item No. 2., Item Page 3, Packet Page 14 RESOLUTION NO. __- ___ C.S.

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

AUTHORIZING THE APPROPRIATION OF FUNDS IN THE PRESIDIO OF MONTEREY

PUBLIC WORKS FUND FOR THE ARMY FLOORING REPLACEMENT PROJECTS UNDER

THE PRESIDIO MUNICIPAL SERVICES AGENCY INTERGOVERNMENTAL SUPPORT AGREEMENT ***PMSA***
WHEREAS, a 2022-2023 budget adjustment of $1,307,304.43 is needed to authorize the payment of Army flooring replacement projects costs in the Presidio of Monterey Public Works Fund;
WHEREAS, all expenditure appropriation adjustments will be off-set by an equal revenue increase in the Presidio of Monterey Public Works Fund; WHEREAS, this appropriation adjustment is fully funded by a Presidio Municipal Services Agency (PMSA) Individual Job Order (IJO) award issued by the Army; and, WHEREAS, the proposed action has been reviewed in accordance with the National Environmental Policy Act (NEPA) and determined to qualify for a Categorical Exclusion (CX).

The proposed action is categorically excluded under NEPA Record of Environmental Consideration 21061 and 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:

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 Council Regular Meeting, 9/20/2022, Item No. 2., Item Page 4, Packet Page 15 2 might reveal, the City’s authority under CEQA is essentially ministerial and therefore no further environmental review is required by the City.

NOW, THEREFORE, BE IT 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 authorizes and directs the Finance Director, or their designee, to make the following budget adjustments:

1. Appropriate $1,307,304.43 in the Presidio of Monterey Public Works Fund to the Presidio of Monterey Unscheduled Maintenance Projects, Option Year 5 - POM account [650-310-3199-2001-5027]; and

2. Increase the Special Project Reimbursement Fees account [650-310-3199-3658] in the amount of $1,307,304.43.

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, 9/20/2022, Item No. 2., Item Page 5, Packet Page 16 Council
Agenda Report
№mm/dd
FROM: Andrea Renny, Interim Public Works Director
Prepared By: John Hansen, Senior Administrative Analyst SUBJECT: Accept and Authorize the Appropriation of Funds in the Presidio of Monterey Public Works Fund for the Army Boiler Replacement Project Under the Presidio Municipal Services Agency Intergovernmental Support Agreement ***PMSA*** (NEPA Not a Project, CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1))) RECOMMENDATION:

That the City Council adopt the attached resolution accepting and authorizing the Finance Director, or her designee, to make the following budget appropriations:

1. Appropriate $1,474,985.16 in the Presidio of Monterey Public Works Authority Fund to the Presidio of Monterey Unscheduled Maintenance Projects, Option Year 5 - POM account [650-310-3199-2001-5027].

2. Increase the Special Project Reimbursement Fees revenue account [650-310-3199- 3658] in the amount of $1,474,985.16.

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 approve all budget adjustments and support the mission of providing project services to the Army through the Presidio Municipal Services Agency (PMSA) Intergovernmental Support Agreement (IGSA).

FISCAL IMPLICATIONS:

The City has received an Individual Job Order award and funding under the PMSA’s master IGSA for the purpose of providing project services that will replace hot water boilers in 11 buildings (buildings 263, 614, 616, 618, 620, 830, 840, 842, 4499, 4506, and 4512) at the Presidio of Monterey in the amount of $1,474,985.16. The requested appropriation of funds is fully funded by the Army through the collection of Special Project Reimbursement Fees. There is no cost impact to the General Fund.

Date: 9/20/2022
Item No.: 3.

Council Regular Meeting, 9/20/2022, Item No. 3., Item Page 1, Packet Page 17 ENVIRONMENTAL DETERMINATION:

All Army project services provided by PMSA require National Environmental Policy Act (NEPA) evaluation rather than California Environmental Quality Act (CEQA) evaluation. Under NEPA, the action to appropriate funds does not require a Record of Environmental Consideration (REC).

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 projects’ 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.

In some cases, these subsequent discretionary projects may also require environmental determination in accordance with the National Environmental Policy Act.

ALTERNATIVES CONSIDERED:

DISCUSSION:

The City of Monterey provides project management and public works services to the U.S. Army Defense for activities on the U.S. Army Garrison Presidio of Monterey, Ord Military Community, and U.S. Army Signal Activity – Camp Roberts under an Intergovernmental Support Agreement (IGSA). These costs are fully reimbursed by the Army and support the City’s ongoing partnership with the Federal government. Throughout the year, the Army modifies its allocation of funding for the Intergovernmental Support Agreement depending on the availability of funds and needs analysis.

The Army has executed and awarded an Individual Job Order (IJO) under the IGSA for the hot water boiler replacement of eleven (11) individual buildings at the Presidio of Monterey and Ord Military Community. The primary objective of this IJO is to replace existing boilers with high efficiency (>=97%) condensing, modulating units with outside air reset capability.

Council Regular Meeting, 9/20/2022, Item No. 3., Item Page 2, Packet Page 18 The recommended appropriation of funds will be used for the execution and delivery of the Boiler Replacement Project within the City’s Presidio of Monterey Public Works Fund. This new project expenditure budget total of $1,474,985.16 will be fully offset by an increase in Special Project Reimbursement Fees collected by the City from the Army. This action has no cost impact to the General Fund.

Therefore, staff recommends that the City Council adopt the attached resolution accepting and authorizing the Finance Director, or her designee, to make the following budget appropriations:

2. Increase the Special Project Reimbursement Fees revenue account [650-310-3199- 3658] in the amount of $1,474,985.16.

Attachments: 1. Resolution
e: Billy Garcia, IGSA Manager
Christopher Dwight, General Services Superintendent
Richard Llantero, Senior Engineer
Wendy Davies, Senior Accountant
Alexandria Girometti, Accounting Assistant
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, 9/20/2022, Item No. 3., Item Page 3, Packet Page 19 RESOLUTION NO. __- ___ C.S.

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

ACCEPT AND AUTHORIZE THE APPROPRIATION OF FUNDS IN THE PRESIDIO OF

MONTEREY PUBLIC WORKS FUND FOR THE ARMY BOILER REPLACEMENT PROJECT

UNDER THE PRESIDIO MUNICIPAL SERVICES AGENCY INTERGOVERNMENTAL SUPPORT AGREEMENT ***PMSA***
WHEREAS, a 2022-2023 budget adjustment of $1,474,985.16 is needed to authorize the payment of Army boiler replacement project costs in the Presidio of Monterey Public Works Fund;
WHEREAS, this appropriation adjustment is fully funded by a Presidio Municipal Services Agency (PMSA) Individual Job Order (IJO) award issued by the Army; and, WHEREAS, all Army project services provided by PMSA require National Environmental Policy Act (NEPA) evaluation rather than California Environmental Quality Act (CEQA) evaluation. Under NEPA, the action to appropriate funds does not require a Record of Environmental Consideration (REC).

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 projects’ 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.

In some cases, these subsequent discretionary projects may also require environmental determination in accordance with the National Environmental Policy Act.

Council Regular Meeting, 9/20/2022, Item No. 3., Item Page 4, Packet Page 20 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby authorizes and directs the Finance Director, or their designee, to make the following necessary administrative budget appropriations and/or transfers:

1. Appropriate $1,474,985.16 in the Presidio of Monterey Public Works Fund to the Presidio of Monterey Unscheduled Maintenance Projects, Option Year 5 - POM account [650-310-3199-2001-5027].

2. Increase the Special Project Reimbursement Fees revenue account [650-310-3199- 3658] in the amount of $1,474,985.16.

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, 9/20/2022, Item No. 3., Item Page 5, Packet Page 21 Council
Agenda Report
№08/22
FROM: Andrea Renny, Interim Public Works Director
Prepared By: Megan Beckman, Support Analyst
Marissa Garcia, Engineering Assistant II
SUBJECT: Authorize the City Manager to Enter into the Pedestrian and Bicycle Wayfinding Program Regional Funding Agreement with the Transportation Agency for Monterey County (TAMC) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution authorizing the City Manager, or his designee, to enter into the Pedestrian and Bicycle Wayfinding Program Regional Funding Agreement with the Transportation Agency for Monterey County (TAMC).

VALUE DRIVERS:

POLICY IMPLICATIONS:

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

FISCAL IMPLICATIONS:

TAMC has been awarded Local Transportation Funds and State SB1 Local Partnership Program funds in the amount of One Million Nine Hundred Thirty-one Thousand Dollars ($1,931,000) for the development and implementation of the Wayfinding Plan within TAMC’s jurisdictional boundaries. Funding will be allocated from TAMC to the contractor and will not Date: 9/20/2022
Item No.: 4.

Council Regular Meeting, 9/20/2022, Item No. 4., Item Page 1, Packet Page 22 involve City funds.

Through the Pedestrian and Bicycle Wayfinding Program Regional Funding Agreement, TAMC will fund the fabrication and installation of at least 72 and up to 114 wayfinding signs (directional/distance signs and sign toppers) within the City, and the City of Monterey will issue permits and accept ownership and maintenance of the installed signs throughout the ten (10) year period of the agreement. In addition to the installed signs, TAMC will supply replacement sign toppers for use in maintenance activities.

City Staff estimates that the signs have a life expectancy of ten (10) years, and outside of pole knockdowns related to traffic incidents, the cost of maintenance will be minimal within the period of the agreement.

ENVIRONMENTAL DETERMINATION:

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

ALTERNATIVES CONSIDERED:

The City could choose to not enter into the Pedestrian and Bicycle Wayfinding Program Regional Funding Agreement with TAMC; however this is not recommended, as the funding provided by the agreement implements the Downtown and North Fremont Specific Plan goals to improve wayfinding, transportation and parking systems at minimal cost to the City.

DISCUSSION:

Logical wayfinding means an individual is capable of easily and successfully finding their way to their destination. It means that a person understands where they are with respect to other key locations and that they can orient themselves in an appropriate direction with little effort or stress. In addition, an effective wayfinding program presents opportunities to discover new places and services.

While wayfinding alone cannot be measured as the single source of increased visitor expenditures, it can certainly be identified as a component of an overall customer service philosophy that helps to attract visitors to a city, not just once, but over and over again. It is this process of discovery and the ease in access that creates a memorable experience and positive lasting impression.

Council Regular Meeting, 9/20/2022, Item No. 4., Item Page 2, Packet Page 23 In 2016, TAMC adopted the Regional Pedestrian and Bicyclist Wayfinding Plan for Monterey County. The plan specifies routes to be signed throughout Monterey County to enhance connections between neighboring cities and to various destinations in the region. The plan also provides standard sign design guidelines. Local jurisdictions were encouraged to use the sign guidelines to sign their own local bicycle and pedestrian routes beyond those contained in the Plan. The Pedestrian and Bicycle Wayfinding Program Regional Funding Agreement outlines the responsibilities of TAMC and the City of Monterey. TAMC will fund the fabrication and installation of the wayfinding signs and the City will issue permits and accept ownership and maintenance of the installed signs.

Under the terms of the agreement, TAMC will fabricate and install at least 72 and up to 114 standardized directional/distance signs that assist a traveler in determining directions/distance to relevant locations and customized “sign toppers” that incorporates agreed upon logos and color schemes that help establish a regional wayfinding brand. TAMC will provide 1.5 times the number of sign toppers for use in maintenance activities. The City will provide permits for installation of the signs and maintain the installed signage in good repair and visibility throughout the ten (10) year period of the agreement.

Because the directional/distance signs have a life expectancy of ten (10) years, the cost of maintenance of these signs will be limited to pole knockdowns related to traffic incidents. The sign toppers have a life expectancy of approximately five to ten (5-10) years and may need to be replaced within the term of the agreement; TAMC will provide additional sign toppers for this purpose.

Therefore, Staff recommends that the City Council adopt a resolution authorizing the City Manager, or his designee, to enter into the Pedestrian and Bicycle Wayfinding Program Regional Funding Agreement with the Transportation Agency for Monterey County (TAMC).

AR/mb
Attachments: 1. Resolution

2. Pedestrian and Bicycle Wayfinding Program Regional Funding Agreement (Exhibit A)
e: Todd Muck, Executive Director, TAMC
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, 9/20/2022, Item No. 4., Item Page 3, Packet Page 24 RESOLUTION NO. __- ___ C.S.

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

AUTHORIZE THE CITY MANAGER TO ENTER INTO THE PEDESTRIAN AND BICYCLE

WAYFINDING PROGRAM REGIONAL FUNDING AGREEMENT WITH THE

TRANSPORTATION AGENCY FOR MONTEREY COUNTY (TAMC)
WHEREAS, in 2016, TAMC adopted the Regional Pedestrian and Bicyclist Wayfinding Plan for Monterey County, specifying routes to be signed throughout Monterey County to enhance connections between neighboring cities and to various destinations in the region; WHEREAS, TAMC has been awarded Local Transportation Funds and State SB1 Local Partnership Program funds in the amount of One Million Nine Hundred Thirty-one Thousand Dollars ($1,931,000) for the development and implementation of the Wayfinding Plan within TAMC’s jurisdictional boundaries;
WHEREAS, under the terms of the Pedestrian and Bicycle Wayfinding Program Regional Funding Agreement TAMC will fund the fabrication and installation of the wayfinding signs and the City will issue permits and accept ownership and maintenance of the installed signs throughout the ten (10) year period of the agreement; WHEREAS, City Staff estimates that the signs have a life expectancy of ten (10) years, and outside of pole knockdowns related to traffic incidents, the cost of maintenance will be minimal within the period of the agreement;
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability; and,

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby authorizes the City Manager, or his designee, to enter into the Pedestrian and Bicycle Wayfinding Program Regional Funding Agreement with the Transportation Agency for Monterey County (TAMC).

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.

Council Regular Meeting, 9/20/2022, Item No. 4., Item Page 4, Packet Page 25 2 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, 9/20/2022, Item No. 4., Item Page 5, Packet Page 26

PEDESTRIAN AND BICYCLE WAYFINDING PROGRAM

REGIONAL FUNDING AGREEMENT
between the

TRANSPORTATION AGENCY FOR MONTEREY COUNTY
and the

CITY OF MONTEREY
This Regional Funding Agreement for Pedestrian and Bicycle Wayfinding Program (“Agreement”) is effective the ______ of __________________, 2022, and is entered into by and between the Transportation Agency for Monterey County (“TAMC”) and the City of Monterey (“RECIPIENT”).

RECITALS

1. On May 25, 2016, the TAMC Board of Directors adopted the Regional Pedestrian and Bicyclist Wayfinding Plan for Monterey County (“Wayfinding Plan”) and authorized the submission of grant applications to implement the Wayfinding Plan.

2. The Wayfinding Plan was determined to be exempt from CEQA under 14 CCR Section 15301: Existing Facilities, as affecting minor alterations to existing public structures and facilities. All applicable statutes of limitations concerning the approval of the Wayfinding Plan under CEQA have been exhausted.

3. TAMC has been awarded Local Transportation Funds and State SB1 Local Partnership Program funds in the amount of One Million Nine Hundred Thirty-one Thousand Dollars ($1,931,000) for the development and implementation of the Wayfinding Plan within TAMC’s jurisdictional boundaries.

4. RECIPIENT desires to improve bicycle and pedestrian safety within its jurisdiction, and concurrent with this Agreement, has also determined that TAMC’s Regional Pedestrian and Bicyclist Wayfinding Plan is one means to achieve that desire.

5. This Agreement delineates the obligations of the Parties to this Agreement with respect to the implementation of the Regional Pedestrian and Bicyclist Wayfinding Plan, adopted by the TAMC Board, within the jurisdiction of RECIPIENT.

NOW, THEREFORE, it is mutually agreed by and between the Parties as follows:

Article I:

Covenants of Recipient

1.1. Project Description. The complete Project Description is specified in Exhibit “A” and incorporated herein by this reference. The Project consists of the acceptance of Wayfinding signage, the identification of appropriate locations for Wayfinding signage and the installation and maintenance of such signage.

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 4., Item Page 6, Packet Page 27 Regional Funding Agreement
City of Monterey, March 19, 2022
Ag-agreement.docx PAGE 2 OF 13

1.2. Change In Project Scope. No change in the Project scope as described in Exhibit A may be approved or implemented until it has been reviewed and approved in writing by an amendment to this Agreement approved by the TAMC Board of Directors.

1.3. Eligible Costs. Eligible costs to be funded by TAMC pursuant to this Agreement are those related to the solicitation and award of one or more contract by TAMC for the manufacture and installation of Wayfinding signage approved by RECIPIENT, as set forth below.

RECIPIENT shall bear all costs related to Recipient’s actions related to this Agreement, including the issuance of permits, and the maintenance and repair of Wayfinding signage within its jurisdiction.

1.4. Acceptance of Signage. RECIPIENT hereby accepts the designs relative to the Wayfinding signage as shown in Exhibit “B,” and incorporated herein by this reference.

RECIPIENT shall allow the placement of at least 72 and up to 114 signs within its jurisdiction, generally at the locations designated in Exhibit “C,” and incorporated herein by this reference.

RECIPIENT agrees to work diligently and in good faith to provide and issue necessary permits for such signage at or near the designated locations, as physical conditions permit.

1.5. Timing of Installation. RECIPIENT shall permit and allow the installation of at least 72 signs within the first six (6) months after notification by TAMC.

1.6. Maintenance and Repair. RECIPIENT shall, at its cost, maintain the installed signage in good repair and visibility throughout the period of this Agreement.

Article II:

Covenants of TAMC

2.1. TAMC shall develop, award and fund one or more contracts for the fabrication and installation of Wayfinding Signage in generally the following manner:

2.1.1. A customized “Sign Topper” portion approved by RECIPIENT that incorporates agreed upon logos and color scheme that helps to establish a regional wayfinding brand. A rendering of the Jurisdictional Sign Topper selected by RECIPIENT is shown as Exhibit B.

2.1.2. A standardized “directional/distance” portion shared by all Wayfinding signage pursuant to the TAMC Pedestrian and Bicyclist Wayfinding Plan that assists a traveler in determining directions/distance to relevant locations. A rendering of the Directional/ Distance signage is shown as Exhibit B.

Council Regular Meeting, 9/20/2022, Item No. 4., Item Page 7, Packet Page 28 Regional Funding Agreement
City of Monterey, March 19, 2022
Ag-agreement.docx PAGE 3 OF 13

2.1.3. Installation of Wayfinding Signage, suitable to the location and manner of installation of such Wayfinding signage. Such installation may be by new post(s) or pole(s), or installation on an existing structure.

2.1.4. In addition, a standardized “confirmation” portion shared by all Wayfinding signage pursuant to the TAMC Pedestrian and Bicyclist Wayfinding Plan that indicates travelers are on a designated regional route. A rendering of the Confirmation signage is shown as Exhibit B.

2.2. In entering into a contract for the fabrication and installation of Wayfinding Signage for RECIPIENT, TAMC shall call for the fabrication of one and one-half (1.5) times the number of Jurisdictional Sign Toppers. The additional Jurisdictional Sign Toppers above the number to be installed pursuant to this Agreement shall be directed to be delivered to RECIPIENT for use in RECIPIENT’s maintenance responsibilities.

Article III:

Mutual Covenants

3.1. Term. This Agreement shall remain in effect until discharged or terminated as provided in Section 3.2 or Section 3.15.

3.2. Discharge/Termination. This Agreement shall be subject to discharge as follows:

3.2.1. Termination by Mutual Consent. This Agreement may be terminated at any time by mutual consent of the Parties. At the time of any such mutual termination, TAMC shall receive or retain any Jurisdictional Sign Toppers and standardized Directional signs which may be the subject of an executed contract as described in Section 2.1, but not yet installed.

3.2.2. Discharge Upon Completion of Project. Except as to any rights or obligations which survive discharge as specified in Section 3.14, this Agreement shall be discharged, and the Parties shall have no further obligation to each other, upon completion of the Project, which shall continue for a ten (10) year period after installation of the last Wayfinding Sign pursuant to this Agreement.

3.3. Indemnity. It is mutually understood and agreed that RECIPIENT shall, to the full extent permitted by law, fully defend, indemnify and hold harmless TAMC, its Board and Directors, and any officer, agent, or employee of TAMC, against any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT under the Agreement. It is also fully understood and agreed that, pursuant to Government Code Section 895.4, RECIPIENT shall fully defend, indemnify and hold TAMC, its Board and Directors, its officers, agency and employees, harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by RECIPIENT under this Agreement or in connection with any work, authority, or jurisdiction delegated to RECIPIENT or funded by RECIPIENT under this Agreement.

Council Regular Meeting, 9/20/2022, Item No. 4., Item Page 8, Packet Page 29 Regional Funding Agreement
City of Monterey, March 19, 2022
Ag-agreement.docx PAGE 4 OF 13

3.4. Liability. As TAMC is only acting with the approval of RECIPIENT with respect to the design, designated location and installation of Wayfinding signage herein identified, TAMC is not liable for any loss, cost, liability, damage, claim, lien, action, cause of action, demand or expense which may arise as a result of the acts or omissions of RECIPIENT or its agents, contractors, consultants, engineers, or representatives. Nor shall TAMC be liable for any loss, cost, liability, damage, claim, lien, action, cause of action, demand or expense which may arise as a result of TAMC’s provision of funds or materials which may be utilized in, but not limited to the acquisition of, the design, implementation, or construction of the Project herein described.

3.5. Notices. Any notice which may be required under this Agreement shall be in writing and shall be given by personal or electronic (delivery receipt enabled) service, or by certified or registered mail, return receipt requested, to the addresses set forth below:

TAMC RECIPIENT
Todd A. Muck Andrea Renny
Executive Director Interim Public Works Director
55 B Plaza Circle 580 Pacific Street, Rm 7 Engr
Salinas, California 93901 Monterey, CA 93940
[email protected] [email protected]
Either Party may change its address by giving notice of such change to the other party in the manner provided in this Section 3.5. All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after deposit in the United States mail.

3.6. Additional Acts and Documents. Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent, and purpose of the Agreement.

3.7. Integration. This Agreement, together with the Pedestrian and Bicyclist Wayfinding Plan, represents the entire Agreement of the Parties with respect to the subject matter hereof.

No representations, warranties, inducements, or oral agreements have been made by any of the Parties except as expressly set forth herein, or in other contemporaneous written agreements.

3.8. Amendment. This Agreement may not be changed, modified, or rescinded except in writing, signed by all Parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.

3.9. Independent Agency. RECIPIENT renders its services under this Agreement as an independent agency and TAMC is also an independent agency under the Agreement. None of the RECIPIENT's agents or employees shall be agents or employees of TAMC and none of TAMC’s agents or employees shall be agents or employees of RECIPIENT.

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3.10. Assignment. The Agreement may not be assigned, transferred, hypothecated, or pledged by any Party without the express written consent of the other Party.

3.11. Binding on Successors. This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of TAMC or RECIPIENT, as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above.

3.12. Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either Party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the Parties.

3.13. Counterparts. This Agreement may be executed in one or more counterparts and shall become effective when one or more counterparts have been signed by the Parties; each counterpart shall be deemed an original, but all counterparts shall constitute a single document.

3.14. Survival. The following provisions in this Agreement shall survive discharge:

As to both Parties, the following section shall survive discharge: Section 3.3. (indemnity) and Section 3.4 (Liability), until the expiration of all relevant statutes of limitations.

3.15. Time. Time is and shall be of the essence of this Agreement and each of its provisions in which performance is a factor.

3.16. Remedies Cumulative. No remedy or election of remedies provided for in this Agreement shall be deemed exclusive but shall be cumulative with all other remedies at law or in equity. Each remedy shall be construed to give the fullest effect allowed by law.

3.17. Applicable Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California.

3.18. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the provisions of this Agreement and shall not affect the construction or interpretation of any of its provisions.

3.19. No Continuing Waiver. The waiver by any Party of any breach of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same, or of any other provision of this Agreement.

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3.20. No Rights in Third Parties. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies on any third-party, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third-party to any Party to this Agreement, nor shall any provision of this Agreement give any third-party any right of subrogation or action over or against any Party to this Agreement.

3.21. Signatory’s Warranty. Each Party warrants to each other that he or she is fully authorized and competent to enter into this Agreement in the capacity indicated by his or her signature and agrees to be bound by this Agreement as of the day and year first mentioned above upon the execution of this Agreement by each other Party.

3.22. List of Exhibits. This Agreement contains the following Exhibits:

Exhibit A: Project Description
Exhibit B: Wayfinding Sign Designs
Exhibit C: General Locations of Wayfinding Signs

** SIGNATURES ON THE NEXT PAGE **
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IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and year first written above.

CITY OF MONTEREY (RECIPIENT): TRANSPORTATION AGENCY FOR MONTEREY COUNTY (TAMC):

By: By: ___________________________
Hans Usler Todd A. Muck
City Manager Executive Director
Dated: Dated:

APPROVED AS TO FORM:

By: By: ___________________________
Christine Davi Katherine Hansen
City Attorney TAMC Counsel
Dated: Dated:

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EXHIBIT A

PROJECT DESCRIPTION
Installation and maintenance of signs at the locations generally described in Exhibit C, in order to encourage and facilitate active transportation to and around locations in Monterey County, with an emphasis on the City of Monterey.

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EXHIBIT B

WAYFINDING SIGN DESIGN ACCEPTED BY RECIPIENT

1. CUSTOMIZED SIGN TOPPERS (to be used in conjunction with confirmation and direction signs) Full Color

2. CONFIRMATION SIGNS

3. DIRECTION SIGNS
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EXHIBIT C

GENERAL LOCATION OF WAYFINDING SIGNS
Overall Map
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Detail Map 1 (Del Monte Grove and Surrounds)
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Detail Map 2 (Downtown)
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Detail Map 3 (New Monterey)
Council Regular Meeting, 9/20/2022, Item No. 4., Item Page 18, Packet Page 39 Council
Agenda Report
№08/22
FROM: Andrea Renny, Interim Public Works Director
Prepared By: Megan Beckman, Support Analyst
SUBJECT: Authorize an Appropriation of Sewer Line Maintenance Funds in the Amount of $75,000 and Award a Contract in the Amount of $84,316.20 to Duke's Root Control, Inc. for Annual Sewer Root Foaming 2022 (Exempt from CEQA Article 19, Section 15301, Class 1)
RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Authorizing the Finance Director, or her designee, to appropriate $75,000 from the Sewer Line Maintenance Fund to the Citywide Root Foaming Project account (35c1501);

2. Approving the use of the bid amounts supplied by Duke’s Root Control, Inc. as the lowest responsive, responsible bidder for Houston-Galveston Area Council (H-GAC), as authorized by the City of Monterey’s Purchasing Ordinance’s exception to competitive procurement requirements (Monterey Code 28-14(a);

3. Awarding a contract to the lowest responsive, responsible bidder, Duke’s Root Control, Inc, in the amount of $84,316.20;

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

5. Authorizing staff to expend up to an additional 15% for unforeseen conditions in the field.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

This Project is consistent with the City Council’s Value Drivers and Strategic Priorities of Quality of Life – “Respond effectively to neighborhood concerns” and Protecting our Environment – “Protect the Monterey Bay National Marine Sanctuary and our environmental assets from pollution.”
Date: 9/20/2022
Item No.: 5.

Council Regular Meeting, 9/20/2022, Item No. 5., Item Page 1, Packet Page 40 FISCAL IMPLICATIONS:

The contract cost of $84,316.20 is based on the following City sewer pipe sizes and approximate quantities to be foamed:

Pipe Size Unit Price Quantity Total
4 inch $1.69/ft. 424 feet $716.56
6 inch $1.69/ft. 33,791 feet $57,106.79
8 inch $1.69/ft. 9,021 feet $15,245.49
10 inch $2.02/ft. 4,503 feet $9,096.06
12 inch $2.02/ft. 1,065 feet $2,151.30
48,804 feet $84,316.20
The award of this contract utilizes an accepted exception to competitive procurement requires by purchasing through a cooperative purchase contract. (Monterey Code 28-14(a)) from the Houston-Galveston Area Council (H-GAC), approved by Finance on August 17, 2022.

Total Project Estimate:

Total Bid $ 84,316
Construction Contingency, 15% $ 12,648
Total Project Construction Estimate (This Authorization) $ 96,963 Funding Sources:

Citywide Root Foaming Project account (35c1501) $ 39,405 Sewer Line Maintenance Fund (This Appropriation) $ 75,000 Total Available Funding $114,405
Sewer Line Maintenance fees are collected from the community by the City to operate, maintain, and rehabilitate the sewage collection system. The Sewer Line Maintenance Fund is an appropriate funding source for sewer root foaming as a maintenance activity. There are sufficient funds in the Sewer Line Maintenance Fund to fund the requested appropriation.

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 sewer main root foaming in existing sanitary sewer lines to control root growth.

This is a minor maintenance activity of an existing facility. 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 Council Regular Meeting, 9/20/2022, Item No. 5., Item Page 2, Packet Page 41 adopted pursuant to law by federal, state, or local agencies. Exception a – Location – does not apply to Class 1.

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. There would be no cumulative impact because the project is a minor maintenance activity of an existing facility.

Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. There are no unusual circumstances because the project is a standard maintenance method for root growth control.

Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). The project is underground; therefore, damages to scenic resources will not occur.

Exception e - Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. The project is not located on a hazardous waste site pursuant to Section 65962.5 of the Government Code. The project area is limited to the inside of the sanitary sewer lines.

ALTERNATIVES CONSIDERED:

The City could choose not to perform sewer line root foaming. This is not recommended as root mitigation is an essential maintenance method to help prevent SSO’s (sanitary sewer overflows).

DISCUSSION:

The purpose of this project is to apply a chemical root control agent to the sanitary sewer lines to kill the root growth that may be present in the lines and to inhibit re-growth. This standard maintenance method does not permanently damage the vegetation producing the roots. Root control treatment helps to address sanitary sewer maintenance problems in the City’s sewer system. The chemical root foaming agent is approved by the U.S. Environmental Protection Agency for this use. The foam is pumped through the sewer main from manhole to manhole to compress it against all pipe surfaces. Roots in the sewer stop growing and eventually die upon contact with the herbicide foam; trees are not otherwise harmed with this method. The treatment inhibits re-growth for three to five years. The locations to be treated include various locations throughout the City and the Presidio of Monterey.

Council Regular Meeting, 9/20/2022, Item No. 5., Item Page 3, Packet Page 42 Staff chose to expedite the bidding portion of the project by utilizing an accepted exemption to competitive procurement requirements (Monterey Code 28-14(a)). The lowest responsive, responsible bidder for the Houston-Galveston Area Council (H-GAC) is Duke’s Root Control, Inc. The exception from competitive bidding requirements was approved by Finance on August 17, 2022. Duke’s Root Control, Inc. has performed sewer root foaming for the City in the past and staff is confident in their ability to perform the scope of services.

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

1. Authorizing the Finance Director, or her designee, to appropriate $75,000 from the Sewer Line Maintenance Fund) to the Citywide Root Foaming Project account (35c1501);

3. Awarding a contract to the lowest responsive, responsible bidder, Duke’s Root Control, Inc, in the amount of $84,316.20;

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

5. Authorizing staff to expend up to an additional 15% ($12,648) for unforeseen conditions in the field.

AR/mb
Attachments: 1. Resolution
e: Tricia Wotan, Environmental Regulations Manager
Duke’s Root Control, Inc.

Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 9/20/2022, Item No. 5., Item Page 4, Packet Page 43 RESOLUTION NO. __- ___ C.S.

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

AUTHORIZE AN APPROPRIATION OF SEWER LINE MAINTENANCE FUNDS IN THE AMOUNT OF $75,000 AND AWARD A CONTRACT IN THE AMOUNT OF $84,316.20 TO DUKE'S ROOT CONTROL, INC. FOR ANNUAL SEWER ROOT FOAMING 2022 WHEREAS, root control treatment helps to address sanitary sewer maintenance problems in the City’s sewer system;
WHEREAS, the award of this contract utilizes an accepted exception to competitive procurement requirements (Monterey Code 28-14(a)) from the Houston-Galveston Area Council (H-GAC), approved by Finance on August 17, 2022;
WHEREAS, Duke’s Root Control, Inc. is the lowest responsive, responsible bidder for Houston-Galveston Area Council (H-GAC);
WHEREAS, the Sewer Line Maintenance Fund is an appropriate funding source for sewer root foaming as a maintenance activity. There are sufficient funds in the Sewer Line Maintenance Fund to fund the requested appropriation;
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 sewer main root foaming in existing sanitary sewer lines to control root growth. This is a minor maintenance activity of an existing facility. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located - a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Exception a – Location – does not apply to Class 1.

Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted Council Regular Meeting, 9/20/2022, Item No. 5., Item Page 5, Packet Page 44 2 negative declaration or certified Environmental Impact Report (EIR). The project is underground; therefore, damages to scenic resources will not occur.

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

1. Authorizes the Finance Director, or her designee, to appropriate $75,000 from the Sewer Line Maintenance Fund to the Citywide Root Foaming Project account (35c1501);

2. Approves the use of the bid amounts supplied by Duke’s Root Control, Inc. as the lowest responsive, responsible bidder for Houston-Galveston Area Council (HGAC), as authorized by the City of Monterey’s Purchasing section 28-14(a);

3. Awards a contract to the lowest responsive, responsible bidder, Duke’s Root Control, Inc, in the amount of $84,316.20;

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

5. Authorizes staff to expend up to an additional 15% ($12,648) for unforeseen conditions in the field.

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, 9/20/2022, Item No. 5., Item Page 6, Packet Page 45 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Grant Leonard, AICP, Housing Analyst
SUBJECT: Authorize the Use of Permanent Local Housing Allocation Funds for Predevelopment Costs Related to Development of Affordable Housing at 587 and 593 Van Buren Street, 424 and 450 Madison Street (Exempt from CEQA per Article19, Section 15306, Class 6)
RECOMMENDATION:

That the City Council Authorize the use of Permanent Local Housing Allocation Funds for Predevelopment Costs Related to Development of Affordable Housing at 587 and 593 Van Buren Street, and 424 and 450 Madison Street.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

Using Permanent Local Housing Allocation Funds for Predevelopment Costs Related to Development of Affordable Housing at 587 and 593 Van Buren Street and 424 and 450 Madison Street supports the City’s ongoing housing efforts, including those intended to serve extremely low, very low and low-income residents. Completing predevelopment studies is a necessary step to support the City’s efforts to meet its Regional Housing Needs Assessment allocation, should any new housing units result from the subsequent Development and Disposition Agreement and ground lease.

FISCAL IMPLICATIONS:

The action would commit $56,754 in Permanent Local Housing Allocation Funds. These funds were budgeted for predevelopment costs related to affordable housing development in the City’s in Permanent Local Housing Allocation grant application to the State.

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act Guidelines (Article 19, Section 15306, Class 6) because the project proposes to gather information and research about specific parcels for affordable housing development in the City of Monterey. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines 15300.2.

Council Regular Meeting, 9/20/2022, Item No. 6., Item Page 1, Packet Page 46 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. No impacts are anticipated because this is a study to gather information. It will help identify particularly sensitive environments.

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. No cumulative impacts are anticipated because this is a study to gather information.

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 significant impacts are anticipated because this is a study to gather information.

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. The study area is not visible from a scenic highway.

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 property is not located on a hazardous waste site pursuant to Governmental Code Section 65962.5. No impacts are anticipated because this is a study to gather information.

ALTERNATIVES CONSIDERED:

The Council could decide not to authorize the use of Permanent Local Housing Allocation funds for predevelopment costs related to development of affordable housing at 587 and 593 Van Buren Street and 424 and 450 Madison Street. However, not committing the Permanent Local Housing Allocation Funds would effectively stop predevelopment activities resulting in the development effort not moving forward.

DISCUSSION:

On July 19th, 2022, the City Council approved entering into an Exclusive Negotiating Agreement with MidPen Housing for Development of Affordable Housing at 587 and 593 Van Buren Street and 424 and 450 Madison Street. Per the exclusive Negotiating Agreement, MidPen has 240 days, with a one-year extension option, to complete a series of predevelopment studies and negotiate a development agreement with the City.

Council Regular Meeting, 9/20/2022, Item No. 6., Item Page 2, Packet Page 47 MidPen has prepared a budget for the costs associated with predevelopment studies, including an appraisal, historical assessment, soils report, biotic assessment, surveying, and architectural and engineering work. The total cost for these studies is $131,545. MidPen staff has been authorized by their Board of Directors to spend up to $75,000 on the predevelopment studies, resulting in a funding gap of $56,754.

On July 21, 2020, the Council authorized submission of an application to the State for the Permanent Local Housing Allocation funding program. The application budget included that 65% of the funds would be used for predevelopment for affordable rental housing on the City’s four development sites at the time (417 Figueroa Street, 442 Adams Street, 438 Calle Principal, and Madison Street between Dutra Street and Van Buren Street). The City was successful in receiving an award of $116,419.

MidPen is requesting that the City allocate $56,754 in in Permanent Local Housing Allocation funds to bridge the funding gap for the predevelopment studies.

Staff recommends allocating $56,754 in in Permanent Local Housing Allocation funds to the predevelopment studies because it is consistent with the City’s in Permanent Local Housing Allocation application, and it will ensure that MidPen Housing can move forward with the required predevelopment studies as required by the Exclusive Negotiating Agreement authorized by the Council on July 19, 2022.

KC/GL
Attachments: 1. Draft Resolution
e: Monterey Neighborhood Associations
Monterey Business Associations
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, 9/20/2022, Item No. 6., Item Page 3, Packet Page 48 RESOLUTION NO. __- ___ C.S.

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

AUTHORIZE THE USE OF PERMANENT LOCAL HOUSING ALLOCATION FUNDS FOR

PREDEVELOPMENT COSTS RELATED TO DEVELOPMENT OF AFFORDABLE HOUSING AT 587 AND 593 VAN BUREN STREET AND 424 AND 450 MADISON STREET WHEREAS, the City of Monterey currently experiences both high housing costs and a low inventory of affordable housing units;
WHEREAS, in 2019 the City Council reviewed City owned properties to determine their potential to be developed for affordable housing in support of the City’s on-going housing efforts, including those intended to serve extremely low, very low and low-income residents; WHEREAS, this review showed the potential to support the City in meeting its Regional Housing Needs Assessment allocation, should any new housing units results from this effort; WHEREAS, on August 20, 2019 and September 3, 2019, the City Council received a report on a site analysis of City owned properties for affordable housing development. The Council directed staff to focus on potential sites located on Figueroa Street, Calle Principal, Adams Street and Van Buren/Madison Streets;
WHEREAS, the City issued a Request for Proposals on July 20, 2020 to solicit proposals to develop affordable housing on four City owned sites consisting of properties located at 417 Figueroa Street, 442 Adams Street, 438 Calle Principal, 587 and 593 Van Buren Street, and 424 and 450 Madison Street;
WHEREAS, proposals were due on October 2, 2020, and the City received responsive proposals from five developers;
WHEREAS, the City of Monterey received a responsive proposal for 587 and 593 Van Buren Street and 424 and 450 Madison Street from MidPen Housing Corporation that proposes to use 100% of the property area for the development of affordable housing, providing that 100% of the proposed units will be permanently affordable housing, with an affordability mix of units at 30% AMI, 40% AMI, 50% AMI, and 60% AMI;
WHEREAS, The Council directed staff to negotiate an Exclusive Negotiating Agreement with MidPen Housing Corporation for 587 and 593 Van Buren Street and 424 and 450 Madison Street;
WHEREAS, the City authorized an Exclusive Negotiating Agreement with MidPen Housing on July 19, 2022 Corporation for development of affordable housing at 587 and 593 Van Buren Street, 424 and 450 Madison Street;
Council Regular Meeting, 9/20/2022, Item No. 6., Item Page 4, Packet Page 49 2 WHEREAS, MidPen Housing has prepared a budget for predevelopment studies and is requesting the City contribute $56,754 towards the cost of predevelopment studies; WHEREAS, the City received a Permanent Local Housing Allocation grant award in the amount of $116,419, with a budget dedicating 65% of the funds be used for predevelopment costs related to affordable housing development on City owned properties; WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act Guidelines (Article 19, Section 15306, Class 6) because the project proposes to gather information and research about specific parcels for affordable housing development in the City of Monterey. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines 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. No impacts are anticipated because this is a study to gather information. It will help identify particularly sensitive environments.

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. No cumulative impacts are anticipated because this is a study to gather information.

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 significant impacts are anticipated because this is a study to gather information.

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 property is not located on a hazardous waste site pursuant to Governmental Code Section 65962.5. No impacts are anticipated because this is a study to gather information.

Council Regular Meeting, 9/20/2022, Item No. 6., Item Page 5, Packet Page 50 3 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. No impacts to historical resources are anticipated because this is a study to gather information.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY it hereby authorizes the use of Permanent Local Housing Allocation funds in the amount of $56,754 for predevelopment costs related to development of affordable housing at 587 and 593 Van Buren Street, 424 and 450 Madison Street. The City is authorized to use the funds to pay MidPen for these predevelopment costs.

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, 9/20/2022, Item No. 6., Item Page 6, Packet Page 51 Council
Agenda Report
№12/12
FROM: Clementine Bonner Klein, City Clerk
SUBJECT: Review and Amend the Monterey Conflict of Interest Code to Update the List of Positions Required to File Statements of Economic Interest (FPPC Form 700) (Not a project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

Staff recommends that the City Council review the City of Monterey’s Conflict of Interest Code, determine that the recommended amendments are required, and adopt the attached resolution to amend the Conflict of Interest Code.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

Adoption of the attached resolution will comply with the California Political Reform Act and Fair Political Practices Commission regulations requiring the code to be updated every two years.

As required by the Fair Political Practices Commission (FPPC), the current code incorporates, by reference, Title 2 California Code of Regulations, §18730, which contains the terms of a standard conflict of interest code. The Political Reform Act of 1974 directed that a Conflict of Interest Code also identify all positions that take or authorize any official action on behalf of their agencies. This includes an official's participation by way of advising or making recommendations to a decisionmaker, whether or not the decision-maker follows the official's advice.

FISCAL IMPLICATIONS:

There are no fiscal implications as a result of this action.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 9/20/2022, Item No. 7., Item Page 1, Packet Page 52 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:

City Council could determine that no amendments, or different amendments, are required at this time. This is not recommended as the recommended changes will align the list of positions required to file the Statement of Economic Interest (Form 700) with the titles in the City’s Position Control List.

DISCUSSION:

The California Political Reform Act requires that every local government agency review its conflict of interest code biennially to determine its accuracy. The Act designates the City Council as the reviewing body. The City’s Conflict of Interest Code was last amended by adopting Resolution No. 20-140 C.S. on September 15, 2020. The FPPC has set a deadline of October 3, 2022 for local agencies to review their Conflict of Interest Codes and determine whether amendments are necessary. Upon review, staff has determined amendments are necessary to align the list of positions required to file the FPPC Statement of Economic Interest (“SEI/Form 700”) with the titles reflected in the current Council-approved Position Control List. The FPPC’s 2022 Local Agency Biennial Notice reflects the need for these changes and documents that the agency has reviewed the Conflict of Interest Code and determined that an amendment is required. (Attachment 2.)
Individuals holding positions identified within the City's Conflict of Interest Code are designated as filers and required to file the SEI/Form 700 with the City Clerk within 30 days of assuming office, annually, and within 30 days of leaving office. In addition, candidates for elective office must, at the time of filing nomination papers, file the SEI/Form 700 covering the prior 12 months.

The Conflict of Interest Code in full is attached as Exhibit A to the resolution. Exhibit A defines the disclosure categories and requirements, describes the differences between Category 1, Category 2, and Category 3 filers, identifies where statements must be filed, and lists those required to file the SEI/Form 700. Department heads have reviewed this document and their suggested changes have been incorporated.

In accordance with Government Code section 87200, the City Council, City Manager, City Attorney, City Finance Director, Planning Commissioners, and candidates for elective office are also required to include certain disclosures and file the SEI/Form 700. Although many of these positions are not classified as designated employees, they are included in Exhibit A for clarity and are listed as Category 87200 disclosure filers.

All Conflict of Interest statements are public records and are kept on file in the City Clerk's Office.

Attachments: 1. Draft Resolution with Exhibit A (Conflict of Interest Code)

2. FPPC Local Agency Biennial Notice
Council Regular Meeting, 9/20/2022, Item No. 7., Item Page 2, Packet Page 53 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, 9/20/2022, Item No. 7., Item Page 3, Packet Page 54 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY

AMENDING THE MONTEREY CONFLICT OF INTEREST CODE TO UPDATE THE LIST

OF THOSE POSITIONS REQUIRED TO FILE STATEMENTS OF ECONOMIC INTEREST (FPPC FORM 700)
WHEREAS, the Political Reform Act, Government Code sections 81000, et. seq., requires local government agencies to adopt and promulgate conflict of interest codes; WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations section 18730, that contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference in an agency’s code. After public notice and hearings, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act;
WHEREAS, incorporation by reference of the terms of the aforementioned regulation and amendments to it, saves the City time and money by minimizing the actions required to keep the Conflict of Interest Code in conformity with the Political Reform Act; WHEREAS, a designated employee is anyone within the City of Monterey who is an officer, employee, committee member or consultant who is designated in the Code because the position entails the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest (Cal. Govt. Code § 82019); WHEREAS, the term “designated employee” does not include public officials specified in Government Code § 87200, e.g. City Councilmembers, Planning Commissioners, City Manager, City Attorney, Finance Director, nor does it include a position which is solely clerical, ministerial or manual;
WHEREAS, the City Council has previously designated employees, officers and disclosure categories in Resolution No. 20-140 C.S. which now needs to be revised. The City Council determines the attached Exhibit A accurately sets forth those updated positions that should be designated and categories of financial interest which should be made reportable; 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.

Council Regular Meeting, 9/20/2022, Item No. 7., Item Page 4, Packet Page 55 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that that the above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

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

1. All previously adopted resolutions approving various separate Conflict of Interest Codes are hereby rescinded and superseded.

2. The terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation along with the attached Exhibit A designating positions and disclosure categories constitute the Conflict of Interest Code for all departments and agencies of the City of Monterey (“City”).

3. Individuals holding designated positions shall file Statements of Economic Interest (FPPC Form 700) pursuant to the City’s Conflict of Interest Code. The City Clerk shall carry out the duties of the Filing Officer for the City Council, which is the code reviewing body. The FPPC approved the City’s e-disclosure system and provided the City with a SAN number, thus allowing electronic submission of Form 700s. For all 87200 filers, the City Clerk accepts the electronic filing and forwards an electronic original to the FPPC.

For all other designated filers, the City Clerk is the Filing Officer and retains the statements in digital format in the City’s NetFile system. The City Clerk will make the statements available for public inspection and reproduction. (Cal. Govt. Code § 81008.) 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, 9/20/2022, Item No. 7., Item Page 5, Packet Page 56

EXHIBIT A
1 CITY OF MONTEREY

CONFLICT OF INTEREST CODE

DISCLOSURE CATEGORIES
General: Designated employees or individuals shall disclose their financial interest pursuant to the appropriate disclosure category as indicated. Disclosure categories pertain to investments, real property, business positions and sources of income, including loans, gifts and travel payments from sources located in or doing business within the jurisdiction of the City of Monterey.

Category 1: An appointed board, committee, or commission member, or a designated City employee or consultant in this category must report all investments, business positions, interests in real property, and sources of income, including gifts, loans, and travel payments from third parties (not the City) within the City of Monterey's jurisdiction.

Category 2: An appointed board, committee, or commission member, or a designated City employee or consultant, who does not participate in decisions involving real property must report investments, business positions in business entities, and sources of income, including receipt of gifts, loans, and travel payments from third parties (not the City) within the City of Monterey's jurisdiction.

Category 3: Designated positions in this category must report investments, business positions in business entities, and income, including receipt of gifts, loans, and travel payments, from sources that provide information technology and telecommunications goods, products or services, including but not limited to, computer hardware or software companies, computer consultant services, training, data processing firms, and media services.

Category 87200: An official designated in Government Code § 87200 is required to file full disclosure of all categories pursuant to the Political Reform Act. Refer to Government Code §§ 87200-87210.

LIST OF DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES

POSITION DISCLOSURE CATEGORY
Mayor and Councilmembers 87200
Planning Commissioners 87200
City Manager 87200
City Attorney 87200
Finance Director 87200
Candidates for Mayor and Council 87200

DEPARTMENT/POSITION DISCLOSURE CATEGORY

CITY ATTORNEY'S DEPARTMENT
Assistant City Attorney 1
Deputy City Attorney 1
Council Regular Meeting, 9/20/2022, Item No. 7., Item Page 6, Packet Page 57

EXHIBIT A
2 CITY MANAGER'S DEPARTMENT
Administrative Analyst 2
Assistant City Manager 1
City Clerk 2
Conference Center General Manager 2

COMMUNITY DEVELOPMENT DEPARTMENT
Administrative Analyst 1
Associate Planner 1
Building Technician 1
Chief of Inspection Services I Building Official 1
Code Compliance Coordinator 1
Community Development Director 1
Inspector 1
Planning Manager 1
Plans Examiner 1
Principal Planner 1
Property Manager 1
Senior Associate Planner 1
Senior Building Inspector 1
Sustainability Manager 1

FINANCE DEPARTMENT
Assistant Finance Director 1
Finance Analyst 2
Finance Manager 2
Risk Manager 2

FIRE DEPARTMENT
Assistant Fire Chief 1
Deputy Fire Marshal 1
Division Chief 1
Fire Chief 1
Fire Prevention Plans Exam/Inspector 1
Senior Administrative Analyst 2

HUMAN RESOURCES
Deputy Human Resources Manager 2
Human Resources Analyst 2
Human Resources Coordinator 2
Human Resources Director 2
Senior Human Resources Analyst 2

INFORMATION RESOURCES DEPARTMENT
Assistant Director of Information Resources 3
Network Engineer II 3
Systems and Network Administrator 3

LIBRARY AND MUSEUMS DEPARTMENT
Library Director 1
Library Manager 2
Council Regular Meeting, 9/20/2022, Item No. 7., Item Page 7, Packet Page 58

EXHIBIT A
3 PARKS AND RECREATION DEPARTMENT
Fitness Supervisor 2
Parks and Recreation Director 1
Park Operations Manager 1
Recreation Manager 2
Recreation Supervisor 2
Sports Center Manager 2
Urban Forester 1

POLICE DEPARTMENT
Assistant Police Chief 1
Police Chief 1
Police Lieutenant 1
Senior Administrative Analyst 2

PUBLIC WORKS DEPARTMENT
Administrative Analyst 1
Administrative Services Manager 1
Associate Civil Engineer 1
City Traffic Engineer 1
Construction Project Manager 1
Deputy Public Works Director/City Engineer 1
Engineering Programs Analyst 1
Engineering Projects Manager 1
Environmental Regulations Manager 1
Fleet Manager 1
General Services Superintendent 1
Harbor Coordinator 2
Harbormaster 1
Parking Superintendent 1
Public Works Director 1
Public Works Inspector 1
Senior Administrative Analyst 1
Senior Engineer 1
Senior Public Works Inspector 1
Streets & Utilities Operations Manager 2
Streets and Utility Supervisor 2

APPOINTED MEMBERS OF CITY BOARDS, COMMITTEES & COMMISSIONS Appeals Hearing Board Members 1
Architectural Review Committee Members 1
Ballot Measure Advisory Committee Members (when applicable) 2 Building and Housing Appeals Board Members 1
Disabled Access Appeals Board Members 1
Historic Preservation Commissioners 1
Library Board Members 1
Measure P and S Oversight Committee Members 2
Museums and Cultural Arts Commissioners 2
Neighborhood and Community Improvement Program
Committee Members 1
Parks and Recreation Commissioners 1
Council Regular Meeting, 9/20/2022, Item No. 7., Item Page 8, Packet Page 59

EXHIBIT A
4 INTERIM AND OUT-OF-CLASS PERSONNEL
Interim personnel in positions listed above position’s disclosure category Personnel working out-of-class in positions listed above for sixty (60) or more days position’s disclosure category

CONSULTANTS
Consultants 1
Consultants are defined for reporting purposes as persons who prepare a product or perform services of a general nature and/or on an on-going basis and participate in the making of decisions that may foreseeably have a material effect on any financial interest. Generally, consultants who prepare a product or perform services for a single specific matter are not the type of consultants required to be covered by a code, whereas consultants who provide more general assistance and advice to a government agency on an on-going basis should be covered.

Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:

The City Manager may determine in writing that a particular consultant, although a "Designated Position", is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties, and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

Council Regular Meeting, 9/20/2022, Item No. 7., Item Page 9, Packet Page 60 www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

Page 1 of 1 ends

2022 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):

An amendment is required. The following amendments are necessary:
(Check all that apply.)
Include new positions
Revise disclosure categories
Revise the titles of existing positions
Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
Other (describe)
The code is currently under review by the code reviewing body.

No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.

ATTACHMENT 2
Council Regular Meeting, 9/20/2022, Item No. 7., Item Page 10, Packet Page 61 Council
Agenda Report
№08/22
FROM: Nat Rojanasathira, Assistant City Manager
Prepared By: Angie Blake, Assistant Director of Information Resources SUBJECT: Authorize Agreement with Presidio Networked Solutions Group, LLC for Purchase of Network Hardware, Software, Professional Services, and Multiyear Support (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution to authorize an agreement in the amount of $1,579,128.35 for the purchase of network hardware, software, professional services, and multiyear support.

VALUE DRIVERS:

POLICY IMPLICATIONS:

The choice of Presidio Networked Solutions Group, LLC (Presidio) as the solution vendor is consistent with our existing practice of providing responsive, quality, and cost-effective information technology solutions that enable City departments to be successful in achieving their respective missions.

FISCAL IMPLICATIONS:

This purchase of equipment and services is to be made through the National Association of Procurement Officials (NASPO) contract awarded through a competitive bid process consistent with the provision of the City Code Section 28-14a.

The pending purchase total is $1,503,931.76 including sales tax and delivery and Council is being asked to approve a 5% contingency in the amount of $75,196.59 for total funds requested of $1,579,128.35. Funding for this project is allocated in the Information Services Fund 710, equipment outlay other account [710-030-0340-4505], which has $2,404,721.00 available as of September 6, 2022 and appropriate funds of $61,722.50 from the City I-Net Equipment Reserve account [710-2653].

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 Date: 9/20/2022
Item No.: 8.

Council Regular Meeting, 9/20/2022, Item No. 8., Item Page 1, Packet Page 62 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:

This equipment supports operations across all City departments and online City services. Staff cannot recommend an alternative because deferral of the replacement of our Citywide Network infrastructure would almost certainly result in additional equipment failures, loss of service, and potential data loss.

DISCUSSION:

The City is saving $2.8 million off list price in discounts provided by the manufacturer through Presidio and NASPO. In addition, by purchasing a five-year support and maintenance agreement, the City is locking in a lower rate as opposed to year-over-year price increases.

This purchase will assist the City in its ongoing digital transformation efforts and replace end-oflife and end-of-support network equipment. A more powerful core network allows for more responsive applications without lags or slow downloads and builds a safer foundation for providing smart city services.

Gartner technology research lists four primary factors which determine the useful life of network equipment: market innovation, vendor end-of-life policies, operating life, and operating cost.

Failing to properly replace the end-of-life equipment will result in increased risks for the City due to the critical role of the equipment in the operation of our City services.

The General City-wide and I-Net portion of the network refresh project addresses the following:
 Compliance with mandatory FBI and California Department of Justice (CA-DOJ) security policies.
 Compliance with Payment Card Industry (PCI) security policies to mitigate financial liability.
 Capacity or speed increases where needed to address immediate needs and support anticipated growth.
 Replaces various end-of-life and end-of-support network products. This may result in one or more of the following, depending on the specific product:
o Replacements are no longer available.
o Product suffers compatibility problems with existing or future products. o No further updates are produced to fix problems and security vulnerabilities, maintain compatibility, or provide feature enhancements. o Scarcity of trained support engineers and technicians.  Replaces City owned internet routing equipment that provides services to partner agencies and institutions.

Council Regular Meeting, 9/20/2022, Item No. 8., Item Page 2, Packet Page 63  Provides for five years of support and maintenance from the equipment manufacturer.  Provides for simplified management using network automation, continuous validation, and advanced telemetry.
 Network documentation.

Staff is requesting a 5% contingency in the amount of $75,196.59 for unforeseen new technology hardware needs. Use of the contingency shall apply to items and services authorized within the approved NASPO agreement.

NR/ab
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, 9/20/2022, Item No. 8., Item Page 3, Packet Page 64 RESOLUTION NO. __- ___ C.S.

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

AUTHORIZING AN AGREEMENT WITH PRESIDIO NETWORKED SOLUTIONS GROUP,

LLC FOR PURCHASE OF NETWORK HARDWARE, SOFTWARE, PROFESSIONAL

SERVICES, AND MULTIYEAR SUPPORT
WHEREAS, this purchase will assist the City in its ongoing digital transformation efforts and replace end-of-life and end-of-support network equipment; WHEREAS, the City wishes to enter into a contract with Presidio Networked Solutions Group, LLC under the National Association of Procurement Officials (NASPO) contract. A cooperative purchase contract, such as NASPO, is an exception to the City’s competitive procurement requirements pursuant to Monterey City Code 28-14 (a); WHEREAS, the City is saving $2.8 million off list price in discounts provided by the manufacturer through Presidio and NASPO;
WHEREAS, by purchasing a five-year support and maintenance agreement, the City is locking in a lower rate as opposed to year-over-year price increases; WHEREAS, the City I-Net, Non-City I-Net Reserve accounts, and the Equipment OutlayOther Fund has adequate funding for the purchase and have been appropriated in the FY 2022- 23 budget;
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 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; and

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

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

1. Awards a contract to Presidio Networked Solutions Group, LLC in the amount of $1,503,931.76 plus 5% contingency, for a total of $1,579,128.35 for the purchase of hardware, software, professional services, and multiyear support; and Council Regular Meeting, 9/20/2022, Item No. 8., Item Page 4, Packet Page 65 2 2. Authorizes the City Manager, or his designee, to enter into agreements related to the purchase; and

3. Appropriates $61,722.50 in addition to existing appropriations of $1,517,405.85 to the Equipment Outlay-Other account [710-030-0340-0000-4505] from the following sources:
a. $61,722.50 from the City I-Net Equipment Reserve Account [710-2653] 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, 9/20/2022, Item No. 8., Item Page 5, Packet Page 66 Council
Agenda Report
FROM: Clementine Bonner Klein, City Clerk
SUBJECT: Receive Mayor’s Recommendation and Appoint Janie Barnard Silveria to the Board of Library Trustees (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) RECOMMENDATION:

That the Council receive a recommendation from Mayor Roberson and appoint Janie Barnard Silveria to the Board of Library Trustees as outlined in the “Discussion” section of this report.

VALUE DRIVER:

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

POLICY IMPLICATIONS:

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

FISCAL IMPLICATIONS:

There are no fiscal implications with this action.

ENVIRONMENTAL DETERMINATION:

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

ALTERNATIVES CONSIDERED:

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

Date: 9/20/2022
Item No.: 9.

Council Regular Meeting, 9/20/2022, Item No. 9., Item Page 1, Packet Page 67 DISCUSSION:

Background
A series of ongoing vacancies, vacated seats, and expiring terms on Monterey’s boards, commissions, and committees have been duly posted and published by the City Clerk’s Office pursuant to Council’s appointments policy, seeking qualified applications to fill seats for the following vacancies, with first review given to applications received by end-of-day Friday, September 2, 2022:

Board of Library Trustees – one vacant seat
Disabled Access Appeals Board – two vacant seats
Neighborhood and Community Improvement Program (NCIP) Committee – multiple vacant alternate seats
Planning Commission – mid-term vacancy left by former commissioner Hansen Reed Applications for the Board of Library Trustees were received from:

Laura Oberbeck Nagel
Janie Barnard Silveria
Recommendation
Mayor Roberson reviewed the applications seen in this packet in accordance with Council policy, and gave appropriate attention and time to the process that resulted in the following recommendations. Mayor Roberson is grateful that residents applied, and recommends that the Council appoint Ms. Silveria as follows:

Board of Library Trustees
Janie Barnard Silveria – for a full term expiring June 30, 2026 Eligibility: The City Clerk confirmed using the GIS assessment database that Ms. Silveria’s residential address falls within City of Monterey boundaries.

Next Steps
Seats remain available on the Disabled Access Appeals Board, Neighborhood and Community Improvement Program (NCIP) Committee, and Planning Commission. Applications will be received on an ongoing basis until vacancies are filled. Monterey residents are encouraged to learn more and apply for these volunteer positions.

Monterey residents interested in receiving notice of board and commission vacancies are encouraged to subscribe to the City’s “Boards and Commissions Interest List.” CBK
Council Regular Meeting, 9/20/2022, Item No. 9., Item Page 2, Packet Page 68 Attachment: 1. Applications Received
e: Applicants
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 9/20/2022, Item No. 9., Item Page 3, Packet Page 69 (CONTINUED)

ATTACHMENT
Council Regular Meeting, 9/20/2022, Item No. 9., Item Page 4, Packet Page 70 2 ATTACHMENT
Council Regular Meeting, 9/20/2022, Item No. 9., Item Page 5, Packet Page 71

ATTACHMENT
Council Regular Meeting, 9/20/2022, Item No. 9., Item Page 6, Packet Page 72 Highlights Of Accomplishments
Employment History
Education
Writing

ATTACHMENT
Council Regular Meeting, 9/20/2022, Item No. 9., Item Page 7, Packet Page 73

ATTACHMENT
Council Regular Meeting, 9/20/2022, Item No. 9., Item Page 8, Packet Page 74 (CONTINUED)

ATTACHMENT
Council Regular Meeting, 9/20/2022, Item No. 9., Item Page 9, Packet Page 75 2 ATTACHMENT
Council Regular Meeting, 9/20/2022, Item No. 9., Item Page 10, Packet Page 76

ATTACHMENT
Council Regular Meeting, 9/20/2022, Item No. 9., Item Page 11, Packet Page 77 Janie Barnard Silveria

BRIEF BIOGRAPHY
Janie Barnard Silveria
Transforming Humanities
Pedagogy Through Technology New Media at the Crossroads: Modeling, Disseminating and Assessing Enhanced Pedagogies
Opening the CHAMBR: Collaborative Historical Archive of the Monterey Bay Region GRANTS ADMINISTERED at CSUMB

ATTACHMENT
Council Regular Meeting, 9/20/2022, Item No. 9., Item Page 12, Packet Page 78 SELECTED PUBLICATIONS and CREATIVE WORK

SELECTED PRESENTATIONS AND PROGRAMS

ATTACHMENT
Council Regular Meeting, 9/20/2022, Item No. 9., Item Page 13, Packet Page 79 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Grant Leonard, Administrative Analyst
SUBJECT: Adopt the Program Year 2021 Consolidated Annual Performance and Evaluation Report for Housing and Community Development Programs and Authorize Submission to the U.S. Department of Housing and Urban Development (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)
RECOMMENDATION:

That the City Council adopt the Program Year 2021 (PY21) Consolidated Annual Performance and Evaluation Report (CAPER) for Housing and Community Development Programs; 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 PY21 CAPER for Housing and Community Development Programs has been prepared according to HUD requirements. Submission of the CAPER to HUD is required for the City to receive Community Development Block Grant (CDBG) funds for the next program year. The activities summarized in the report were completed in PY21. All of the programs, activities and expenditures identified in this CAPER implemented programs previously approved in the City’s 2020-24 Consolidated Plan, PY21 Action Plan and the 2015-2023 Housing Element.

Submission of the CAPER to HUD documents compliance of the City’s housing and public service programs with HUD national objectives
FISCAL IMPLICATIONS:

In PY21, the City received a CDBG entitlement grant of $263,657 from the federal government.

The City matched the entitlement with $1,701,348.48 in program income, resulting from ground leases, loan payoffs, and sale of property through the purchase and resale program.

Into total, between CDBG Entitlement Grant and CDBG Program Income, the City expended $1,965,005.48 in CDBG funding in PY21.

ENVIRONMENTAL DETERMINATION:

The City of Monterey staff determined that the proposed action, which is adopting the CAPER and authorizing submittal to HUD, is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section Date: 9/20/2022
Item No.: 10.

Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 1, Packet Page 80 15378(b)(5)) because the action reports out the City’s achievements for the past year. In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential to cause 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 is a report on PY21 CDBG-funded activities and this matter has no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The City Council may elect to not approve the CAPER. However, this is not recommended as this is a requirement for receiving grant funds.

DISCUSSION:

HUD requires submission of a CAPER at the end of each program year for all City programs utilizing CDBG funds. The CAPER also includes information on Housing Trust funds and HOME funds that leverage CDBG funds to provide the City’s full range of low-income housing and community development activities. The CAPER specifically reports on how the City has used those funds in the previous program year to achieve compliance with HUD national objectives.

HUD also requires that the CAPER report on the City’s progress in reaching the goals identified in the City’s Five-Year Consolidated Plan and Annual CDBG Action Plan. The period covered in the attached CAPER is for PY21 (July 1, 2021 through June 30, 2022).

Notice of the September 20, 2022 City Council Public Hearing for the draft CAPER was published in the Monterey County Herald newspaper on August 27, 2022. On September 1, 2022 the draft CAPER was made available to the public on the City’s website. At the time of the preparation of this report no public comments or questions on the CAPER have been received.

PY21 Accomplishment Overview
The PY21 CDBG projects and programs focused on continued support of public services, improvements to public facilities, rehabilitation of non-profit owned facilities that are used to provide services to the disadvantaged, preservation of existing affordable ownership units, and housing rehabilitation grants.

Public Service Grant Program Highlights:
 11 agencies were funded with approximately $172,000. Public services were provided to approximately 1,714 low- and moderate-income households and individuals including services for seniors, persons with disabilities, homeless persons, youth and families.

Public Facility and Park Improvement Project Highlights:
 $22,526 to Interim Inc. for a security system project Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 2, Packet Page 81 Housing Preservation Highlights:
 $127,000 distributed to low-income homeowners for health and safety rehabilitation grants and loans.
 Rehabilitation and resale of three (3) affordable ownership units to low-income first-time homeowners.
 Purchase of one (1) affordable unit for rehabilitation and resale in FY 22 Planning and Administration Highlights:

In FY21, the Housing Programs Office continued to negotiate with non-profit housing developers for development of new affordable housing on City owned property. Through these negotiations, the City opted to enter into an Exclusive Negotiating Agreement with MidPen Housing for development of 36 affordable housing units located behind City Hall between Madison Street, Van Buren Street, and Dutra Street.

The Housing Programs Office also began work on the update to the City’s Housing and Safety Elements. This work is being done in partnership with the Planning Office and will continue through December 31, 2023.

The Housing staff also monitored sub-recipients of PY 2021 funds to ensure compliance with HUD regulations.

Other key projects for PY21 include the following:
 Management of Casa De Estrella low-income housing apartments.  Maintained, administered, and monitored 500+ below market rate, deed restricted affordable rental and ownership housing units.
 Staffing and overhead for overall administration of housing programs.

The PY21 CAPER is available for review at: www.monterey.org/housing and is attached as Exhibit A to the resolution.

In conclusion, staff recommends that the City Council conduct a public hearing, receive public comment, and adopt the PY21 CAPER for Housing and Community Development Programs; and, authorize submission to HUD.

KC/GL
e: HUD, San Francisco Regional Office
Housing Outreach List
c: CDBG subject file
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, 9/20/2022, Item No. 10., Item Page 3, Packet Page 82 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
ADOPT THE PROGRAM YEAR 2021 CONSOLIDATED ANNUAL

PERFORMANCE AND EVALUATION REPORT FOR HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS AND AUTHORIZING SUBMISSION TO THE U.S.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WHEREAS, the U.S. Department of HUD requires the CAPER to be submitted to HUD to enable the City of Monterey to continue receiving housing and community development funds for Fiscal Year 2021-2022 (Program Year 2021);
WHEREAS, the City of Monterey has prepared a CAPER for Program Year 2021 (PY21) as required by HUD;
WHEREAS, the CAPER includes information on all housing programs and activities that are intended to assist extremely low, very low, low and moderate-income persons; WHEREAS, the CAPER further identifies how Federal, State and Local housing funds have been used to implement City policy contained in the 2020-2024 Consolidated Plan and achieve compliance with Community Development Block Grant (CDBG) national objectives; WHEREAS, the City of Monterey provided notice of the public hearing to review the draft CAPER report in a general publication newspaper on August 27, 2022; WHEREAS, the CAPER review is subject to a public hearing and the City Council is authorized to conduct public hearings;
WHEREAS, the City Council held a duly noticed public hearing on September 20, 2022, took public comment, and considered the draft PY21 CAPER; WHEREAS, the activities summarized in the CAPER report implement policies and programs previously approved by the City Council and set forth in the General Plan Housing Element and 2020-2024 Consolidated Plan for the provision of housing and community development services to the community;
WHEREAS, the recommended CAPER report will provide the HUD required documentation of the City’s PY21 CDBG housing and community service activities and demonstrate their compliance with adopted City policies and CDBG national objectives; WHEREAS, the recommended action by the City Council to hold a public hearing, receive public comment, approve the PY21 CAPER and authorize its submission to HUD is consistent HUD requirements for public review;
WHEREAS, the City of Monterey staff determined that the proposed action, which is receipt of an annual report and authorize submittal of the CAPER to HUD, is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 4, Packet Page 83 2 Guidelines), Article 20, Section 15378(b)(5)) because the action reports out the City’s achievements for the past year. 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 is a report on PY21 CDBGfunded activities and this matter has 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 approves the PY21 CAPER, attached hereto as Exhibit A and as presented to the City Council on September 20, 2022, and authorizes its submission to HUD.

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, 9/20/2022, Item No. 10., Item Page 5, Packet Page 84 CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 6, Packet Page 85 CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.

91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.

For program year 2021, the City of Monterey received a CDBG entitlement (EN) grant of $263,657. In addition, they were able to bring in and receipt $1,547,601.27 in program income (PI). Even though the amount of PI received this year was over four times their entitlement amount, the City was successful in drawing down enough of this money to meet the timeliness test. The City has been challenged in past years in achieving full conformance with HUD regulations regarding timely spending of CDBG funds.

Active steps were taken in Program Year 2016 to address this problem and spend down the buildup of unspent entitlement funding and program income. Specific activities and spending plans were developed and implemented to spend down the fund buildup and meet spending goals established in the Program Year 2015 Action Plan and Program Year 2014 Substantial Amendment, while remaining aligned with the 2015-2019 Consolidated and Strategic Plans. In 2018 the City completed all remaining workout plan projects. In 2021, there was $153,747.21 available from prior year resources, and as previously stated, the City received $1,547,601,.27 in program income (PI). In 2021, the City completed upgrades to the Josephine Kernes Memorial Pool Facility for the installation of new concrete on the outside of the facility to improve ADA accessibility. The City also designated a number of other facility improvement projects. These project include facility improvements to the Community Human Services homeless shelter, a security upgrade to the Interim Inc. affordable housing facilities, a new refrigerator at the Meals on Wheels location, and a new HVAC system at the Veterans Transition Center duplex. Due to delays caused by COVID-19 these projects have not yet been completed, but they are underway and are expected to be completed before the end of PY 2022.

Additionally, the City continued to support its traditional CDBG spending activities. These included grant funding to public service organizations providing direct services to homeless, low-income, senior and disabled individuals and housing rehabilitation grants to low-income homeowners. Grant funds to public services organizations such as Community Human Services Safe Place and Casa de Noche Buena, ECHO Fair Housing, Gathering for Women, Interim, Food Bank of Monterey County, Salvation Army, Meals on Wheels, Alliance on Aging, Josephine Kerns Memorial Pool, Legal Services for Seniors, and Court Appointed Special Advocates of Monterey County (CASA) have allowed these organizations to provide public service assistance to 1,433 extremely low- , low-, and moderate-income individuals in Program Year 2021 (PY21) with the City’s entitlement CDBG funds.

For PY21 the City completed a number of home rehabilitation projects through its housing preservation programs. These programs include the Home Safety Grant, the Mr. Fix-It Grant, and the Home Accessibility Grant. The purpose of these programs are to provide emergency housing repairs, minor home repairs, and accessibility improvements for disabled homeowners in order to keep them housed and safe. Over PY21, the City successfully administered rehabilitation projects for 6 of its residents. The City also completed the acquisition and rehabilitation of three low-income housing units for its Purchase

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 7, Packet Page 86 CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
and Resale Program. They are located at 820 Casanova Ave., 565 English Ave., and 300 Glenwood Cir. All three were sold to qualified low income, first-time homebuyers in FY 21.

In FY21, the City was able to meet all timeliness spending requirements, and has ongoing planning efforts to help keep current on timeliness.

Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.

Goal Category Source /
Amount
Indicator Unit of
Measure
Expected –
Strategic
Plan
Actual –
Strategic
Plan
%
Complete
Expected
–
Program
Year
Actual –
Program
Year
%
Complete
Creating
affordability
Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
CDBG: $ Other Other 230 96

41.74%

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 8, Packet Page 87 CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
Economic
development
Non-Housing
Community
Development
Economic
development
CDBG: $ Businesses
assisted
Businesse
s Assisted
100 0

0.00%
Housing
opportunities
Affordable
Housing
CDBG: $ /
SB 91 and
Federal
stimulus
dollars:
$1250000
Rental
units
constructe
d
Househol
d Housing
Unit
50 0

0.00%
Housing
opportunities
Affordable
Housing
CDBG: $ /
SB 91 and
Federal
stimulus
dollars:
$1250000
Rental
units
rehabilitate
d
Househol
d Housing
Unit
13 0

0.00%
Housing
opportunities
Affordable
Housing
CDBG: $ /
SB 91 and
Federal
stimulus
dollars:
$1250000
Homeowne
r Housing
Added
Househol
d Housing
Unit
8 0

0.00%
Housing
opportunities
Affordable
Housing
CDBG: $ /
SB 91 and
Federal
stimulus
dollars:
$1250000
Homeowne
r Housing
Rehabilitat
ed
Househol
d Housing
Unit
45 13

28.89%
10 4

40.00%
Housing
opportunities
Affordable
Housing
CDBG: $ /
SB 91 and
Federal
stimulus
dollars:
$1250000
Homelessn
ess
Prevention
Persons
Assisted
0 0 150 0

0.00%

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 9, Packet Page 88 CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
Program
Admin.

Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
Planning and
administration
CDBG: $
Public
Facility or
Infrastruct
ure
Activities
other than
Low/Mode
rate
Income
Housing
Benefit
Persons
Assisted
5655 0

0.00%
Program
Admin.

Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
Planning and
administration
CDBG: $
Public
service
activities
other than
Low/Mode
rate
Income
Housing
Benefit
Persons
Assisted
5655 2841

50.24%
Program
Admin.

Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
Planning and
administration
CDBG: $
Rental
units
constructe
d
Househol
d Housing
Unit
50 0

0.00%
Program
Admin.

Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
Planning and
administration
CDBG: $
Rental
units
rehabilitate
d
Househol
d Housing
Unit
13 0

0.00%
Program
Admin.

Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
Planning and
administration
CDBG: $
Homeowne
r Housing
Added
Househol
d Housing
Unit
8 0

0.00%

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 10, Packet Page 89 CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
Program
Admin.

Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
Planning and
administration
CDBG: $
Homeowne
r Housing
Rehabilitat
ed
Househol
d Housing
Unit
45 9

20.00%
Program
Admin.

Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
Planning and
administration
CDBG: $
Homelessn
ess
Prevention
Persons
Assisted
1130 0

0.00%
Program
Admin.

Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
Planning and
administration
CDBG: $ Other Other 230 0

0.00%
1 0

0.00%
Public
Infrastructure
Non-Housing
Community
Development
CDBG: $
Public
Facility or
Infrastruct
ure
Activities
other than
Low/Mode
rate
Income
Housing
Benefit
Persons
Assisted
5000 0

0.00%
16 0

0.00%

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 11, Packet Page 90 CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
Suitable living
environment
Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
CDBG: $
Public
Facility or
Infrastruct
ure
Activities
other than
Low/Mode
rate
Income
Housing
Benefit
Persons
Assisted
0 0
Suitable living
environment
Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
CDBG: $
Public
service
activities
other than
Low/Mode
rate
Income
Housing
Benefit
Persons
Assisted
5655 4186

74.02%
1922 1345

69.98%
Suitable living
environment
Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
CDBG: $
Homelessn
ess
Prevention
Persons
Assisted
1130 0

0.00%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

The Consolidated Plan focuses on decent housing, suitable living environment for low- and very lowincome households, seniors, persons with special needs and individuals experiencing homelessness, and programs for public facility improvements in the Low- and Moderate Income (LMI) residential areas. The FY21 activities address priority goals set forth in the City's 2020-2024 Five-Year Consolidated Plan. For example, direct services such as case management, outreach, and support were provided to homeless and low-income persons. Rehabilitation assistance was provided to homeowners to address goals to improve housing opportunities for low- and moderate-income levels and provide a suitable living environment for all residents and income levels. All of these activities are identified as high priorities in the Consolidated Plan.

In FY21 the City successfully continued to provide support to low-moderate income residents through

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 12, Packet Page 91 CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
CDBG activities. Some of these activities include:
• Funding to public service organizations providing direct services to homeless, low-income, seniors and disabled members of the community;
• Rehabilitation of affordable housing for the elderly and youths, and upgrades to nonprofit facilities such as the Josephine Kernes Memorial Pool facility; • Funding to low-income homeowners to assist home repair, rehabilitation and accessibility improvements; and
• Purchase and resale of housing units for the purpose of preserving low-income ownership housing opportunities in the community.

During FY21, the City’s allocation to public services assisted 1,433 low income and homeless individuals, providing them with food, shelter, assistance in finding housing and other supportive services to help them in their daily lives.

A non-profit facility improvement project was completed at the Josephine Kerns Memorial Pool for the installation of new concrete on the outside of the facility that will provide better ADA access for seniors to the facility. Additionally, the City provided CDBG grant funding to low-income homeowners for minor rehabilitation of their homes with accessibility and safety improvements.

The City also continued to support the development of the Monterey Hotel Apartments, which provides 18 rental units of affordable housing to very low-, low- and median-income households. This project was solely funded with former redevelopment agency housing funds. No CDBG funding was used in the project, however, the development is a significant new affordable housing project for the City. Both the Van Buren Senior Housing and Monterey Hotel Apartments projects address the goal to improve housing opportunities for low- and moderate-income levels. The Monterey Hotel Apartments and Van Buren Senior Housing were completed in FY2017 and are now at full occupancy.

Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) The City's goals and priorities specified in the 2020-2024 Consolidated Plan guide the City's Annual Plan activities. In FY21 the City prioritized the successful completion of the Timeliness Spending Plan. As a result of that success, the City has developed internal processes and long-range plans to help maintain timeliness while meeting the other CDBG program objectives.

CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 13, Packet Page 92 CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
CDBG
White 1,508
Black or African American 117
Asian 171
American Indian or American Native 12
Native Hawaiian or Other Pacific Islander 14
Total 1,433
Hispanic 487
Not Hispanic 1,251
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
The City was able to obtain demographic information of 1,433 persons served through the CDBG grant during the 2021 Program Year. A breakdown of all persons assisted, by demographic, is included in the table above. The total served in PY21 includes nonprofit facility improvements, home rehabilitation, home acquisition, fair housing efforts, and public services including emergency rental assistance payments for COVID-19 response. The table above doesn't show Other/Multi-Racial beneficiaries, which totaled 515 persons. This brings the total to 1,433 people assisted, 487 of which were Hispanic.

CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 1,965,005 1,641,232.67
Table 3 - Resources Made Available
Narrative
The City has been successful in expending enough of their funds to meet the annual timeliness test over the past few years. In FY21, the City was successful again in meeting HUD’s timeliness test.

The City's CDBG program income funds are leveraged with the CDBG entitlement:

1. Entitlement ($263,657)

2. Program Income ($1,547,601.27)

3. Prior Year Unexpended Funds ($153,747.21)
These funds provide the total budget for the City’s Community Development Housing Programs.

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 14, Packet Page 93 CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
Identify the geographic distribution and location of investments Target Area Planned
Percentage of
Allocation
Actual
Percentage of
Allocation
Narrative Description
Citywide 100 100
Projects will benefit eligible City of
Monterey residents on a citywide
basis.

Delmonte -Laguna
Grande
El Estero
Historic Downtown
Van Buren Street
Lower Old Town
Table 4 – Identify the geographic distribution and location of investments Narrative
There are six Census Block Group areas in the City that qualify for low-mod area benefit. These Census Block Group areas are 125-02, 127-01, 120-02, 133-1, 133-03, and 133-04. CDBG-funded public improvement projects will be directed to these areas. All other CDBG and housing fund activities are distributed throughout the City.

In FY21 the City funded did not fund any public infrastructure improvements in these designated lowmod income areas because the focus was on funding activities that prepare for, prevent, and respond to the COVID-19 pandemic.

Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

In FY 2021, the Housing Authority for the County of Monterey (HACM) did receive additional budget authority from HUD for Section 8 Vouchers. The Housing Authority was allocated additional dollars for HUD Veteran Assisted Supportive Housing (VASH) Vouchers. The Housing Authority provided rental

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 15, Packet Page 94 CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
assistance to Monterey clients.

In the third year of the current Consolidated Plan, Section 8 funds were not leveraged with other federal or non-federal funds. However, each tenant in the program must contribute a “match” of 30% of household income for rent.

The Housing Authority of the County of Monterey (HACM) provides a variety of housing and services through the Housing Choice Vouchers (formerly Section 8), Public Housing, Farm Labor Housing, and Tax Credit and other Affordable Housing Programs. The HACM owns rental properties in the City of Monterey, which includes Casanova Plaza at 800 Casanova Avenue (86 Units for seniors and the diabled), Oak Grove at 1100 Second Street (5 Units), and Portola Vista at 20 Del Monte Avenue (64 Units). Apartment units are offered at affordable rents to eligible families, seniors, and persons with disabilities. Applicants for affordable units must have incomes that do not exceed the income limits for low income.

The Housing Authority partners with a broad spectrum of community non-profits, city and county agencies, and state organizations to address affordable housing and housing shortage issues.

Routinely, the Housing Authority provides their clients with information about fair housing laws and help finding available rentals. This includes tenant-landlord counseling and investigation of discriminatory housing complaints, as well as acquiring listings for the Section 8 Program and making referrals to Housing Authority voucher holders. The Housing Authority of the County of Monterey currently has an allocation of 4,534 Housing Choice Vouchers (HCV).

CDBG public service funds were leveraged significantly with local nonprofit agency funds. The various local nonprofit organizations provide supportive services such as counseling, emergency and transitional shelter, disabled programs, and homeless programs, for low-income Monterey residents. In FY 2021, the City committed $165,000 and spent $165,000 of CDBG funds to assist eleven local public service agencies. Not all of the allocation was spent because the providers did not incur enough costs in providing services.

The City has been using non-federal resources to fund the Villa Del Monte Neighborhood Revitalization Plan. Some of these resources include the City's NCIP Program. The Program directs at least 16% of the money collected through hotel taxes directly back into the City's residential neighborhoods. It also provides funding through the general fund, gas tax revenues, sewer fees, parking revenue, and other special revenue or grant programs. Due to the COVID-19 pandemic, the NCIP program has been temporarily suspended, but it is expected to resume after the public health crisis has subsided.

In FY 2021, the City committed $765,892 and spent $984,123 of CDBG funds on housing preservation programs. The City was able to spend more on these programs due to the increased amount of program income that was received this program year. The programs include the Mr. Fix-It grants, Home Safety Grants, Home Accessibility Grants, as well as Housing Acquisition/Rehabilitation and Housing Rehabilitation Activity Delivery.

The City does not have any public lands.

CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 16, Packet Page 95 CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 10 15
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 10 15
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 8 15
Number of households supported through
Acquisition of Existing Units 2 4
Total 10 19
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

For FY21, the City provided 15 households support through rehabilitation of Existing Units. Low income homeowners received grants, which included Mr. Fix-It grants to low-income households to make minor repairs to improve overall housing quality, Home Safety Grants to low-income households to make emergency health and safety repairs to meet code, and Home Accessibility Grants to low-income households to make accessibility improvements for disabled household members.

The City also completed the acquisition and rehabilitation of three low-income housing units for its Purchase and Resale Program. They are located at 820 Casanova Ave., 565 English Ave., 300 Glenwood Cir. All three were sold to qualified low income, first-time homebuyers in PY21.

Discuss how these outcomes will impact future annual action plans.

There continues to be a need for housing units for extremely low-, very low- and low- income households. In response, the City will continue to explore opportunities with regional public service

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 17, Packet Page 96 CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
providers, local nonprofit housing developers, and neighboring jurisdictions for the to development of new housing units in the region.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Households Served CDBG Actual
Extremely Low-income 1,203
Low-income 251
Moderate-income 207
Total 1,661
Table 7 – Number of Households Served
Narrative Information
Allocations to public services serve primarily low to moderate income individuals and families.

With CDBG funds for FY21 granted to the public service organizatons, 95% of those served by the grant were extremely low to moderate income.

The City’s Owner-Occupied Rehab Program provides funding to homeowners in need to make crucial repairs to their homes. Of the 6 homeowners that were assisted, 4 were low-income.

The City’s Purchase and Resale Program provides opportunities for income qualified first time homebuyers to purchase deed restricted housing units and become owners. Of the 3 people that were assisted 2 were low-income, and 1 was moderate-income.

CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs:

The 2019 Monterey County Homeless Census and Survey uses data from the Point-In-Time Count that was conducted on January 31, 2019 to help the City analyze levels of homelessness in the area. The homeless count has decreased from 2,837 in 2017 to 2,422 in 2019. Homeless in the City of Monterey in 2019 has decreased from 338 in 2017 to 204 in 2019. The number of homeless in the City now accounts for eight percent of total homeless persons in the County, a 15 percent decrease. However, the 2019 count also identified that a large majority in the County were unsheltered, approximately 76 percent. Of the homeless that were counted in the City of Monterey, 81 percent were unsheltered at the time of the count. A new Point-In-Time Count had been scheduled to be conducted in 2021, but was cancelled due

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 18, Packet Page 97 CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
to the COVID-19 pandemic.

The City conducted a Vulnerable Communities Needs Analysis that was published in August 2019. This is a platform to gather information from the community, including specific stakeholders, and demographic data about the city to identify which public or social services in Monterey are in the highest demand and what the unmet needs in the community are related to services and housing. The study found that a large majority of people experiencing homelessness locally were local residents prior to becoming homeless, rather than coming from outside of the area. This can be attributed to increasing costs of living, and a lack of available affordable housing. Feedback from the public and service providers highlighted the need for expanded housing services and services for the homeless, including physical and mental health care and an emergency shelter within the City.

An ongoing homeless assistance strategy has been to provide financial assistance through public service grants for a range of supportive services that connect those at risk of becoming homeless and currently homeless to housing and shelter assistance as well as to other services. Community organizations that were assisted in this manner include Community Human Services, Interim, Inc., the Salvation Army, and Gathering for Women. These grant funded public service organizations provide sheltered bed at night, outreach, case management, counseling, and other support services. Through the City’s continued CDBG funding to these organizations, services and outreach are directed to those at risk of becoming homeless or are experiencing homelessness.

The City funded four subrecipient’s CDBG grants in FY21 that serve homeless and at-risk persons in different ways. The Community Human Services Safe Place program provides counseling, family reunification, temporary shelter and street outreach for homeless youth. They also recently opened up their Casa de Noche Buena shelter, which is a homeless shelter specifically for women and families with children on the Monterey Peninsula. Interim Inc. provides homeless services, emergency and temporary housing outreach, and case management for an persons with mental illnesses. Salvation Army Homeless Support Services provides case management, voucher assistance, and homeless outreach services in the city. Funding for Gathering for Women assisted in providing case management and day-center services to homeless women in the city.

Addressing the emergency shelter and transitional housing needs of homeless persons:

In FY21, the City continued to allocate CDBG funds to community service organizations providing direct services to the homeless. Specifically, public services funding was provided to Interim, Community Human Services (CHS), and the Salvation Army for programs that offer emergency overnight shelter, counseling and outreach. The City also supported Gathering for Women, an organization that provides services, including referrals to shelters, to women experiencing homelessness.

It is important to note that two of the City’s subrecipients that support the homeless populations, CHS and Gathering for Women, have received funding from the Homeless Emergency Aid Program (HEAP) that is being used to provide a shelter in the City of Seaside that will serve the entire Monterey

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 19, Packet Page 98 CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
Peninsula. This new shelter is called Casa de Noche Buena and began operating in early 2021. The City will continue to support CHS and Gathering for Women. Additionally, the City will continue to explore opportunities for additional homeless response and services. The City is fully prepared to continue to cooperate and coordinate with other jurisdictions and public service organizations to address the homeless need in the community.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs:

Since 2013, the City has participated in the Coalition of Homeless Services Providers (lead agency for the Continuum of Care in Monterey County) Leadership Council’s oversight of the “Lead Me Home” plan.

Representatives from Monterey County Behavioral Services, Monterey County Social and Employment Services, and Natividad Hospital are other participants in the Coalition’s plan for addressing homelessness. The Coalition’s plan includes strategies for enhancing and formalizing existing processes to facilitate transition from institutions through the development of effective universal discharge policies.

Objectives and priorities for addressing homelessness in the Lead Me Home plan are, and will continue to be, incorporated into the City of Monterey’s Consolidated Plans. Additionally, the Coalition works closely in coordination with the CDBG subrecipients receiving allocations listed in the City’s plan:

Community Human Services’ program, Safe Place in Monterey, that provides counseling, family reunification, temporary shelter and street outreach for homeless youth; Interim Inc. that provides homeless services, emergency and temporary housing outreach, and case management for persons with mental illnesses; the Salvation Army Homeless Support Services that provides case management, voucher assistance, and homeless outreach services; Interim’s Manzanit House provides short-term crisis services as well as emergency placement in Monterey’s Laguna Grande; and the Veterans Transition Center that provides services for homeless Veterans and their families.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again:

The City has continued to support service organizations that assist the homeless and populations at risk of homelessness with CDBG grant funding.

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 20, Packet Page 99 CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
The Veterans Transition Center (VTC) provides services for homeless Veterans and their families by providing Veterans with transitional housing and case management programs to assist them in becoming employable and avoid homelessness. The City assisted VTC in PY18 by allocating grant funding for the rehabilitation of three uninhabitable duplexes to provide 18 units of permanent supportive housing in the City of Marina for homeless veterans and their families. In PY2017, VTC also received grants for rehabilitating four transitional housing units and provided eight beds for homeless veterans and families. In PY21 the City allocated funding to the VTC to replace the HVAC system at a duplex for homeless veterans. This would allow for inexpensive maintenance and repairs, improve the safety and efficiency of future HVAC operations, and eliminate a potential source of airborne health hazards. Due to COVID-19 the project has not yet been completed, but it is anticipated to be done before the end of FY21.

Interim, Inc. provides wellness programs, affordable supportive housing, crisis residential services, homeless services, employment and education services, and consumer empowerment and outreach. In PY2016, Interim, Inc. recived funding for a project that converted a facility to a 13-bed short-term care crisis center to accommodate homeless or low-income individuals with mental illness. The City continued to support Interim in providing their services in FY21, and also provided them with funding for a security upgrade. This funding will allow the organization to install security cameras at three affordable housing projects that are all located on Pearl Street in Monterey. All of these locations serve very low-income individuals with psychiatric disabilities, and these cameras would increase their safety.

Due to COVID-19 the project has not yet been completed, but it is anticipated to be done before the end of PY21.

Community Human Services (CHS) continues to be supported through the City’s CDBG grant. CHS addresses underlying conditions or root causes of personal, family and community problems, whether it’s addiction, domestic violence, mental illness, emotional health, homelessness, child abuse, or any number of problems that people have trouble solving on their own. Also, CHS provides temporary shelter and street outreach for homeless youth. CHS was granted CDBG funding in PY2017 to upgrade and rehabilitate its homeless and runaway youth counseling and outreach center in the City of Monterey. The project continued into and was completed in PY18. CHS’s services have been supported by additional grants from the City in FY21. In FY21 the City also provided funding to CHS to make improvements to their homeless shelter. The facility improvements to the CHS Homeless Shelter will include the replacement of stairs, siding, carpet, and gates, the removal of a window, and painting. Due to COVID-19 the project has not yet been completed, but it is anticipated to be done before the end of FY21.

The Salvation Army of Monterey County is a continued subrecipient of the City’s CDBG grant. The Salvation Army provides case management services, rental and utility assistance, drug and alcohol treatment services, food, showers, laundry, day laborer services, phone and fax services, and lockers.

The Salvation Army Monterey Peninsula Corps also partners with Community Hospital of the Monterey Peninsula (CHOMP) to create housing plans and provide temporary shelter for homeless individuals. In FY21, the City provided grants for services for the Salvation Army.

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 21, Packet Page 100 CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
Gathering for Women provides homeless women food, free clothing, emergency assistance, connects homeless women to health, mental health, and other service providers, as well as to housing providers that can screen and place homeless women into permanent housing.In addition, to those mentioned above, the City provided grants in FY21 to public service organizations that included the Monterey Food Bank, Legal Services for Seniors, Meals on Wheels for seniors and the disabled, Alliance on Aging that provides tax assistance to low income seniors, Josephine Kernes Memorial Pool therapy program for low income seniors and disabled persons, Court Appointed Special Advocates of Monterey County for assisting children in foster care, and ECHO Fair Housing Support Services for fair housing support services to low-income households. These organizations provide important supportive services to low income populations that assist in improving their quality of life.

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 22, Packet Page 101 CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City consults with the Housing Authority County of Monterey (HACM) to inform the Consolidated Plan and Strategic Plan. The Housing Authority of the County of Monterey (HACM) is a public agency that provides rental assistance and develops and manages affordable housing throughout Monterey County. There are approximately 155 public housing units within the City of Monterey. HACM also provides housing and administers Housing Choice Vouchers (Section 8). As of 2017, data from the U.S.

Department of Housing and Urban Development, over 3,000 vouchers were in use in Monterey County and in 2015, nearly 1,500 households were on the voucher waiting list. The City will continue to coordinate with HACM as the regional housing authority and public housing provider whenever possible.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
HACM promotes sufficiency and asset development of resident families and individuals by encouraging participants in the HCV program to sign up for the Family Self-Sufficiency program and the POWER project. HACM also assists families who are able to become homeowners by utilizing various options including Section 8 vouchers and working with the communities to provide down payment assistance to clients. These programs continued in FY2021.

Actions taken to provide assistance to troubled PHAs
The Housing Authority of the County of Monterey is not currently troubled, nor has it been in recent years.

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 23, Packet Page 102 CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The 2020-2024 Consolidated Plan describes how housing costs and affordability are the most significant housing problems in the City of Monterey. Households that earn below 80% of Monterey AMI are impacted the most by the lack of affordable for-rent and for-sale housing units. Market rate rental units in the City of Monterey are generally affordable to moderate-income households up to 120% of AMI.

However, the supply of housing, in general is limited. The inventory of units affordable to very lowincome and low-income housing in the City does not meet the needs of those residents. In addition, due to lack of water and land, development of new units is extremely limited.

Housing cost burden is experienced by a household when the cost of housing, including utilities, exceeds 30 percent of gross income. Census and survey data show that a high percentage of low-income and below households in the community experience housing costs at 30% or greater of household income.

Additionally, the number of homeless individuals and families in the City demonstrate a need for housing units that are affordable to extremely low-income income households. Through the 2020-2024 Consolidated Plan, the City intends to explore funding strategies that can be utilized to produce a new supply of extremely low- income, very low-income, and low-income rental units.

In Spring 2016, the City completed an update of the General Plan’s Housing Element to establish goals, policies, and programs that the City will pursue to retain and build new housing units in the City.

Addtionally, in May of 2016, the City the Specific Plans for the Villa Del Monte Neighborhood Revitalization Plan. Villa Del Monte is part of the Delmonte-Laguna Grande CDBG target area. A variety of sources would fund the plan including the City’s, Neighborhood Improvement Program (NIP), Capital Improvement Program (CIP), and a variety of grant programs.

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City continues to support the Van Buren Senior Housing project (developed on City-owned land), the Monterey Hotel Apartments (a project solely funded with former redevelopment agency housing funds), and Estrella Apartment (funded by HOME grant), all of which provide housing affordable to low to moderate households. These projects were identified as high priorities in the 2020-2024 Consolidated Plan because they address the goal to improve housing opportunities for low- and moderate-income levels.

As for new residential development in the City, 10 residential units are being developed at 595 Munras and will include two affordable units.

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 24, Packet Page 103 CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
As mentioned previously, the City provided grants in FY21 to service organizations providing other types of important supportive services to low income populations to assist in improving the quality of life for the populations they serve. These organizations include the Monterey Food Bank, Legal Services for Seniors, Meals on Wheels for seniors and the disabled, Alliance on Aging that provides tax assistance to low income seniors, Josephine Kernes Memorial Pool’s therapy program for low income seniors and disabled persons, and ECHO Fair Housing Support Services for fair housing support services to lowincome households.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The City actively promotes its Mr. Fix-It grants to low-income households to make minor repairs to improve overall housing quality, Home Safety Grants to low-income households to make emergency health and safety repairs to meet code, and Home Accessibility Grants and completed six projects in FY21. Each rehabilitation project is tested for lead-based paint. When lead-based paint is discovered, the City uses the allocated CDBG funds to abate lead-based paint hazard in connection with these CDBGfunded housing rehabilitation projects. The City will continue to allocate CDBG funding to Mr. Fix-it, Home Safety, and Home Accessibility grant programs in FY2022.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City provided CDBG grant allocations in PY21 to other service organizations providing important supportive services to homeless and low income populations to assist in the following:
• Food donation from the Monterey Food Bank,
• Legal Services for low income seniors in need
• Food delivery by Meals on Wheels for seniors and disabled seniors • Alliance on Aging that provides tax assistance to low income seniors, • Josephine Kernes Memorial Pool’s therapy program for low income seniors and disabled persons, and
• Fair housing education and counseling on housing and home lending discrimination • Acquisition and rehabilitation of ownership units for resale to low-income first time homebuyers • Advocating for children in foster care by the Court Appointed Special Advocates (CASA) • Outreach and support for homeless persons and at-risk youth by CHS • Providing homeless services, emergency and temporary housing, and case management for persons with mental illnesses through Interim, Inc.
• Case management, voucher assistance, rental assistance, and homeless outreach services throught the Salvation Army
• Day-center services to homeless women in the city through Gathering for Women • Home rehabilitation to low to moderate income residents in the City • Nonprofit facility improvements to allow these organizations to continue to assist residents of

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 25, Packet Page 104 CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
the City
• Emergency rental assistance in response to the COVID-19 pandemic in order to keep residents and workers of Monterey housed and prevent homelessness Actions taken to develop institutional structure. 91.220(k); 91.320(j) As mentioned the City has participated in the Coalition of Homeless Services Providers (lead agency for the Continuum of Care in Monterey County) Leadership Council’s oversight of the Lead Me Home plan.

The coalition also coordnates activities to address homelessness with Monterey County Behavioral Services, Monterey County Social and Employment Services, and Natividad Hospital. The Coalition’s plan includes strategies for enhancing and formalizing existing processes to facilitate transition from institutions through the development of effective universal discharge policies throughout the County.

The objectives and priorities for addressing homelessness in the Lead Me Home plan are, and will continue to be, incorporated into the City of Monterey’s Consolidated Plans.

Since the Coalition works closely in coordination with the CDBG subrecipients receiving allocations listed in the City’s plan, the City is in regular contact and coordination with providers in the region.

The City also has consultation with the Housing Authority of the County of Monterey, as well as with Eden Council for Hope and Opportunity, both regional agencies.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
As mentioned, the City has adopted several new specific plans that include residential development.

Projects that include affordable units are being approved and permitted. Alternatively, the City continues to work with the public services organizations that provide outreach and education regarding affordable housing and housing placement.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) A regional analysis of impediments was completed in 2019. Some of the impediments identified include inequality in lending, lack of access to opportunity (especially in transportation and jobs proximity), lack of necessary zoning for housing types, a need for affordable housing to the cost-burdened, and the potential for housing discrimination. The development of strategies to remove impediments to fair housing was completed prior to the 2020-2024 Consolidated Plan process.

The previous analysis identified inadequate analysis of lending practices as well as lack of initiatives to promote fair housing. An action the City has taken is to support the Eden Council for Hope and Opportunity, which provides fair housing education and counceling to the community. Additionally, the City participated workshops to learn from the public their experiences with housing discrimination and

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 26, Packet Page 105 CAPER 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
difficulties finding housing at four community workshops held around Monterey County from May to June in 2018.

Another impediment was addressing lead-based paint in older homes. As mentioned, for homeowner rehabilitation programs, when lead-based paint is discovered, the City has used the allocated CDBG funds to abate lead-based paint hazard in connection with these CDBG-funded housing rehabilitation projects.

Regarding barriers to Section 8 vouchers, the City has worked with HACM to develop effective outreach strategies that include the Section 8 Marketing Packet and delivering packets to landlords with rentals in the City of Monterey.

To address barriers to the development of affordable housing throughout the City, The City is working on its inclusionary ordinance and also working on the ordinance to include new incentives to encourage the development of larger units. Also, the City offers streamlined review and incentives for developments within specific plan areas, including allowing up to 30 units per acre by right.

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 27, Packet Page 106 CAPER 23
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City of Monterey has the following seven step monitoring process for sub-recipients:
• Risk Analysis for 100% of sub-recipients
• Pre-monitoring questionnaire for 100% of sub-recipients • Desk review for sub-recipients with a high score on the risk analysis or pre-monitoring questionnaire
• Request for site visit
• Conduct on-site visit to review grant documentation and proceedures • Send monitoring letter with recommendations, findings, and next steps • Intervention for sub-recipients that do not respond or fail to make corrective actions.

In FY21, the City conducted risk analyses and pre-monitoring questionnaires for all subrecipients. Due to the COVID-19 pandemic, onsite visits have not yet been conducted, but they will be completed once the public health crisis has subsided. At this point, no findings or corrective actions were issued.

Additionally, the City follows HUD-approved procurement guidelines and tracks both Section 3 and MBE/WBE participation in all federally funded public contracts. The City also regularly contracts with minority business owners for its small home repair grants program. The City also participates in regional planning efforts, including the regional Assessment of Fair Housing in partnership with the other jurisdictions of Monterey County.

Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

The City published notice of the public hearing and began the 15-day public comment period for the CAPER on September 02, 2022.The City Council conducted a public hearing on September 20, 2022. The comment period closed on September 17, 2022.

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 28, Packet Page 107 CAPER 24
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

The City's goals and priorities specified in the 2020-2024 Consolidated Plan guide the City's Annual Plan activities. In FY21 the City prioritized the successful completion of the Timeliness Spending Plan. As a result of that success, the City has developed internal processes and long-range plans to help maintain timeliness while meeting the other CDBG program objectives.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 29, Packet Page 108 CAPER 25
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 0 0 0 0 0
Total Labor Hours
Total Section 3 Worker Hours
Total Targeted Section 3 Worker Hours
Table 8 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers
Outreach efforts to generate job applicants who are Other Funding Targeted Workers.

Direct, on-the job training (including apprenticeships).

Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.

Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).

Outreach efforts to identify and secure bids from Section 3 business concerns.

Technical assistance to help Section 3 business concerns understand and bid on contracts.

Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.

Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services.

Held one or more job fairs.

Provided or connected residents with supportive services that can provide direct services or referrals.

Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation.

Assisted residents with finding child care.

Assisted residents to apply for, or attend community college or a four year educational institution.

Assisted residents to apply for, or attend vocational/technical training.

Assisted residents to obtain financial literacy training and/or coaching.

Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.

Provided or connected residents with training on computer use or online technologies.

Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses.

Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.

Other.

Table 9 – Qualitative Efforts - Number of Activities by Program

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 30, Packet Page 109 CAPER 26
OMB Control No: 2506-0117 (exp. 09/30/2021)
Narrative
The City did not have any activities during the 2021 – 2022 Fiscal Year that met the Section 3 requirements.

EXHIBIT A
Council Regular Meeting, 9/20/2022, Item No. 10., Item Page 31, Packet Page 110 Council
Agenda Report
№08/22
FROM: Rafaela T. King, CPA, Finance Director
SUBJECT: Comprehensive Fiscal Year 2022-23 Budget Update Amendments, Amend Resolution 21-106 to Update the Salary Schedule for Employees in the Information Technology Department, and other Capital Improvement Projects (CIP) Appropriations. (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council approve a resolution appropriating additional funding for various accounts and Capital Improvement Projects for the FY 2022/23 Operating Budget and amending the salary schedule.

VALUE DRIVERS:

POLICY IMPLICATIONS:

This request is consistent with City Charter Section 6.3 Budget: “Based on the recommendation of the City Manager, the City Council shall adopt a budget estimating the revenues and expenditures for the City for the period covered.”
FISCAL IMPLICATIONS:

The action would amend the adopted FY2022/23 budget with net increases as follows:

FY 2022/23 OPERATING BUDGET – AMENDMENTS
Net Increase
in
Expenditures
Total General Fund $1,994,845
Total Internal Service Funds $3,449,789
Total Special Revenue Funds $43,384
Total Capital Improvement Projects $7,960,644
Date: 9/20/2022
Item No.: 11.

Council Regular Meeting, 9/20/2022, Item No. 11., Item Page 1, Packet Page 111 Interfund Transfers and Interfund repayments for debt service are included which net to zero.

FY 2022/23 INTERFUND TRANSFERS- AMENDMENTS
Interfund Transfers
Transfer from Library Trust to GF (expense) $(24,837)
Transfer from Museum Trust to GF (expense) $(24,837)
Library Trust Fund Transfer to GF (revenue) $24,837
Museum Trust Fund Transfer to GF (revenue) $24,837
Transfer (reduction in expenses) from GF to
Tidelands $(10,000)
Transfer (reduction in revenue) from GF to
Tidelands $10,000
Net Change in Interfund Transfers $-
ENVIRONMENTAL DETERMINATION:

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

DESCRIPTION:

On June 29, 2022, the council adopted the FY 2022-23 budget. The budget is reviewed on a regular basis to assess the need for amendments to allocations of resources as well as increases or decreases in those expected resources.

With the closing of FY 21/22 it is certain that the FY22 General Fund unassigned fund balance is expected to be higher than originally projected in March 2022 The unexpected increase in sales tax, property tax, and transient occupancy tax during the 2022 fiscal year will provide sufficient funds available from unassigned fund balance to fund the one-time costs for the various improvement projects in the sports center as well as fund the increased cost in services for various city departments.,
General Fund Amendments include:
 Increases in Police Department overtime and holiday pay at $332,257. This budget item was not included in the approved FY 22/23 budget. A part of these overtime costs will be partially reimbursed by event organizers asking for additional police support.

Council Regular Meeting, 9/20/2022, Item No. 11., Item Page 2, Packet Page 112  In March of 2022, the Fire Department received approval from City Council for a project which was not able to get to a point to create a purchase order to encumber the funds.

This action is requested to re-appropriated funds in the amount of $100,000.  Parks & Recreation Department adjustments of $53,000 to reimburse the contractual services account and an additional net amount of $210,380 for part-time staff needed to run the programs as more residents are signing up for recreational programs.  The Library & Museums Department amendment includes funding for a part-time staff position that was not included in the adopted budget along with the transfers from the Museum Trust and Library trust to cover the delta in cost from the conversion of 20-hour part-time staff to 30-hour regular part-time staff.
 Human Resources Department includes $50,000 in contractual services to cover the cost of completing compensation studies.
 The cost of utilities to the general fund is $1,228,371 allocated to several different divisions. The cost of utilities to the various Special Revenue funds totals to $43,384.  Information Services Fund is making minor adjustments associated with the reclass of key IT positions at the adoption of the budget. At the time of adoption, only one step was included for each position. After completion of the salary schedule for each position with all five steps, some minor modifications need to be made for a total of $983. Also included is the difference with the third position inclusive of the approved four (4) percent salary adjustment for a total of $19,800. The corresponding salary schedules for each position are attached as Appendix B, and the recommended action will update the salary schedule approved in Resolution 21-106 accordingly.
 With the infusion of unexpected increased revenue, staff is recommending that Council approve the appropriation of $1,950,000 for General Fund Capital Improvement Projects. As there is still the possibility of a recession, it is more prudent to appropriate the additional unassigned fund balance to one-time expenses in the form of facility projects and repairs.

The Sports Center is being allocated an additional $1,200,000 with the remaining $750,000 going to a multitude of smaller projects city-wide. o Sports Center projects include:
 pool replastering and coping,
 resurfacing pool deck,
 replacing natatorium doors, natatorium walls wainscoting,  interior & exterior painting,
 installing a new surveillance system, and
 replacing gymnasium basketball backboards.
o Non-General Fund Capital Improvements include the Parking Fund, Measure X projects, Gas Tax/SB1, and upkeep of the wharf for Tidelands. The list of specific projects will be brought to Council as well. Workers Compensation Fund will be increased to account for operating budget and claims for a total of $3.4M.

Corresponding revenue was approved at the budget adoption on June 29, 2022.

Council Regular Meeting, 9/20/2022, Item No. 11., Item Page 3, Packet Page 113  Interfund Transfers that net to zero, include transfers from the Museum Trust and the Library Trust to the General Fund to cover the additional cost of funding the delta between a part-time employee and a regular part time employee and the reduction of the amount in the adopted for the debt service for the radio loans for the Police and Fire departments.

FY 2022/23 OPERATING BUDGET - AMENDMENTS
Net Increase in
Expenditures
General Fund
Police Department $332,257
Fire Department $100,000
Human Resources $50,000
Parks & Recreation $210,380
Library $73,837
Department-Wide GF Utilities $1,228,371
Total General Fund $1,994,845
Internal Service Funds
Workers Comp Fund $3,429,006
Information Services Fund $20,783
Total Internal Service Funds $3,449,789
Special Revenue Funds
215-500-5210-0000-4211 $10,332
268-400-4315-0000-4211 $3,848
270-400-4310-0000-4211 $208
274-400-4300-0000-4211 $17,408
610-500-5240-0000-4211 $11,588
Total Special Revenue Funds $68,221
Capital Improvement Projects
General Fund: Sports Center $1,200,000
General Fund: Other Facilities $750,000
Parking Fund $1,900,000
Measure X $2,600,000
Gas Tax / SB1 $1,210,644
Tidelands $300,000
Total Capital Improvement Projects $7,960,644
Council Regular Meeting, 9/20/2022, Item No. 11., Item Page 4, Packet Page 114 Interfund Transfers
Transfer from Library Trust to GF (expense) $(24,837)
Transfer from Museum Trust to GF (expense) $(24,837)
Library Trust Fund Transfer to GF (revenue) $24,837
Museum Trust Fund Transfer to GF (revenue) $24,837
Transfer (reduction in expenses) from GF to
Tidelands $(10,000)
Transfer (reduction in revenue) from GF to
Tidelands $10,000
Net Change in Interfund Transfers $-
RTK
Attachments: 1. Resolution

2. Exhibit A – Account Details
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, 9/20/2022, Item No. 11., Item Page 5, Packet Page 115 RESOLUTION NO. __- ___ C.S.

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

ADOPTING COMPREHENSIVE BUDGET UPDATE AMENDMENTS, AMENDING RESOLUTION 21-106 TO UPDATE THE SALARY SCHEDULE FOR EMPLOYEES IN THE

INFORMATION TECHNOLOGY DEPARTMENT, AND OTHER CAPITAL IMPROVEMENT PROJECTS (CIP) APPROPRIATIONS TO THE FISCAL YEAR 2022-2023 OPERATING BUDGET
WHEREAS, the proposed operating budget of the City of Monterey for the fiscal year 2022-2023 was prepared and submitted to the City Council by the City Manager in accordance with Section 6.3 of the City Charter;
WHEREAS, the City Council reviewed the proposed operating budget and thereafter caused a public appearance to be held concerning the budget; WHEREAS, the Staff has presented comprehensive updates to amend the adopted operating budget and appropriate funds for Capital Improvement Projects; WHEREAS, the Staff has prepared complete salary schedules for select Information Technology positions for adoption; and
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines”), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby adopts and approves the Proposed Operating Budgets Amendments, Capital Improvement Appropriation, and aforementioned Salary Schedules for FY 2022-23, with Exhibit A attached to this resolution and containing information as required in Section 6.3 of the Monterey City Charter, as the amended budget of the City of Monterey in the following amounts:

Council Regular Meeting, 9/20/2022, Item No. 11., Item Page 6, Packet Page 116 2 FY 2022/23 OPERATING BUDGET - AMENDMENTS
Net Increase in
Expenditures
General Fund
Police Department $332,257
Fire Department $100,000
Human Resources $50,000
Parks & Recreation $210,380
Library $73,837
Department-Wide GF Utilities $1,228,371
Total General Fund $1,994,845
Internal Service Funds
Workers Comp Fund $3,429,006
Information Services Fund $20,783
Total Internal Service Funds $3,449,789
Special Revenue Funds
215-500-5210-0000-4211 $10,332
268-400-4315-0000-4211 $3,848
270-400-4310-0000-4211 $208
274-400-4300-0000-4211 $17,408
610-500-5240-0000-4211 $11,588
Total Special Revenue Funds $68,221
Capital Improvement Projects
General Fund: Sports Center $1,200,000
General Fund: Other Facilities $750,000
Parking Fund $1,900,000
Measure X $2,600,000
Gas Tax / SB1 $1,210,644
Tidelands $300,000
Total Capital Improvement Projects $7,960,644
Interfund Transfers
Transfer from Library Trust to GF (expense) $(24,837)
Transfer from Museum Trust to GF (expense) $(24,837)
Library Trust Fund Transfer to GF (revenue) $24,837
Council Regular Meeting, 9/20/2022, Item No. 11., Item Page 7, Packet Page 117 3 Museum Trust Fund Transfer to GF (revenue) $24,837
Transfer (reduction in expenses) from GF to Tidelands $(10,000) Transfer (reduction in revenue) from GF to Tidelands $10,000 Net Change in Interfund Transfers $-
A copy of said budget amendments (EXHIBIT A), as modified and amended, is on file in the office of the City Clerk and is hereby referred to for further particulars.

BE IT FURTHER RESOLVED THAT Resolution 21-106 is hereby amended to update the Salary Schedules for the Senior IT Specialist, IT Applications Engineer I, IT Applications Engineer II, Applications Engineer III, and Systems and Network Administrator as follows:

Senior IT Specialist Semi-monthly Annual
Step 1 $3,447 $82,728
Step 2 $3,619 $86,856
Step 3 $3,800 $91,200
Step 4 $3,990 $95,760
Step 5 $4,190 $100,560
IT Applications Engineer I Semi-monthly Annual
Step 1 $3,532 $84,768
Step 2 $3,710 $89,040
Step 3 $3,895 $93,480
Step 4 $4,090 $98,160
Step 5 $4,296 $103,104
IT Applications Engineer II Semi-monthly Annual
Step 1 $4,243 $101,832
Step 2 $4,455 $106,920
Step 3 $4,678 $112,272
Step 4 $4,911 $117,864
Step 5 $5,156 $123,744
IT Applications Engineer III Semi-monthly Annual
Step 1 $4,590 $110,160
Step 2 $4,819 $115,656
Step 3 $5,060 $121,440
Step 4 $5,313 $127,512
Step 5 $5,576 $133,824
Council Regular Meeting, 9/20/2022, Item No. 11., Item Page 8, Packet Page 118 4 Systems and Network Administrator Semi-monthly Annual Step 1 $4,983 $119,592
Step 2 $5,233 $125,592
Step 3 $5,494 $131,856
Step 4 $5,770 $138,480
Step 5 $6,052 $145,248
BE IT FURTHER RESOLVED THAT the proposed transfers included in the Interfund Transfers schedule that is part of the FY 2022-23 Proposed Amendments Operating Budget as amended are hereby adopted and approved.

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
Commented [CD1]: I am not sure I understand what
authority this is authorizing?
Commented [RK2R2]: It this is not necessary, please
delete.

Council Regular Meeting, 9/20/2022, Item No. 11., Item Page 9, Packet Page 119

EXHIBIT A
FY2022-23 Budget Amendments
General Fund
Library
Amendments -
Expenditures
101-550-5540-YOUT-4103 No teen librarian $ 35,000
101-550-5640-0000-4103 Artifacts Specialist from PTS to RPT $ 24,837 101-550-5610-0000-4103 Colton Hall Museum Attendant PTS $ 14,000 $ 73,837 Parks & Recreation
101-500-5180-0000-4220 Contract Services $ 53,000
101-500-5180-0000-4103 PTS Temporary $ 196,416
101-500-5180-0000-4150 PTS Benefits $ 10,292
101-500-5180-0000-4109 Salaries - P/Time Regular $ (44,328.00) 101-500-5180-0000-4150 Benefits $ (5,000) $ 210,380
101-500-5121-0000-4211 Utilities $ 14,270
101-500-5122-0000-4211 Utilities $ 14,726
101-500-5123-0000-4211 Utilities $ -
101-500-5124-0000-4211 Utilities $ 15,946
101-500-5125-0000-4211 Utilities $ 4,859
101-500-5180-0000-4211 Utilities $ 416,000
101-500-5210-0000-4211 Utilities $ 543,369
101-600-6234-0000-4211 Utilities $ 219,201 $ 1,228,371
Human Resources
101-060-xxxx-0000-4220 Contract Services $ 50,000 $ 50,000 Police
101-210-2110-0000-4102 Overtime $ 1,000
101-210-2130-0000-4102 Overtime $ 101,512
101-210-2140-0000-4102 Overtime $ 130,000
101-210-2120-0000-4107 Holiday Pay $ 82,817
101-210-2130-0000-4107 Holiday Pay $ 8,000
101-210-2140-0000-4107 Holiday Pay $ 8,928 $ 332,257
Fire
101-250-2530-0000-4220 Contracts: Re-appropriate funds $ 100,000 $ 100,000 General Fund - CIP
Various Sports Center Projects $ 1,200,000
Various Other Facilities Projects $ 750,000
TOTAL GENERAL FUND $ 3,944,845

CAPITAL IMPROVEMENT PROJECTS (CIP)
Vairious Projects (TBD) Parking Fund $ 1,900,000
Vairious Projects (TBD) Measure X $ 2,600,000
Council Regular Meeting, 9/20/2022, Item No. 11., Item Page 10, Packet Page 120

EXHIBIT A
Vairious Projects (TBD) Gas Tax / SB1 $ 1,210,644
Vairious Projects (TBD) Tidelands $ 300,000 $ 6,010,644 Information Services Fund
710-0340-xxxx-0000-4101 Salaries $ 54
710-0340-xxxx-0000-4101 Salaries $ 929
710-0340-xxxx-0000-4101 Salaries $ 19,800 $ 20,783
Special Revenue Funds
215-500-5210-0000-4211 Utilities $ 10,332
268-400-4315-0000-4211 Utilities $ 3,848
270-400-4310-0000-4211 Utilities $ 208
274-400-4300-0000-4211 Utilities $ 17,408
610-500-5240-0000-4211 Utilities $ 11,588
Workers Compensation Fund
715-060-612-0000-4205 OPERATING SUPPLIES $ 120,000
715-060-612-0000-4208 DUES & PUBLICATIONS $ 300
715-060-612-0000-4209 TRAVEL & MEETINGS $ 1,250
715-060-612-0000-4240 PROFESSIONAL SERVICES $ 7,500
715-060-612-0000-4414 EXCESS COVERAGE-PROP & MISC $ 329,956 715-060-612-0000-4416 CLAIMS $ 2,958,000
715-060-612-0000-4427 OCCUPATIONAL SAFETY/HEALTH $ 12,000 $ 3,429,006 Interfund Transfers
Transfer from Library Trust to GF (expense) -$24,837
818-2666 Transfer from Museum Trust to GF (expense) -$24,837 Library Trust Fund Transfer to GF (revenue) $ 24,837
Museum Trust Fund Transfer to GF (revenue) $ 24,837
Transfer (reduction in expenses) from GF to Tidelands $ (10,000) Transfer (reduction in revenue) from GF to Tidelands $ (10,000) Council Regular Meeting, 9/20/2022, Item No. 11., Item Page 11, Packet Page 121 Council
Agenda Report
№07/19
FROM: Brette Neal, Human Resources Director
SUBJECT: Amend Resolution No. 18-179 to Authorize Amendment to City Attorney Employment Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) RECOMMENDATION:

That the City Council adopt a resolution to amend the Employment Agreement with City Attorney, Christine Davi.

VALUE DRIVERS:

Negotiating employment contracts is consistent with the City Council’s value drive to “provide sufficient resources and support to develop, retain, and recruit a high-quality city workforce.” POLICY IMPLICATIONS:

The City is committed to supporting staffing decisions that ensure best guidance for City Council and management of the City.

FISCAL IMPLICATIONS:

The total net cost to the City to implement the amendment to the Agreement during the 2022/23 budget period is $13,228.00. A budget adjustment will be necessary. The FY23/24 budget forecast will include adjustments for salary and benefits. Cost/savings of the health plan saving fund modifications will vary depending on individually selected plans each year. The following is the cost of the increase in salary and benefits for each fiscal year.

FY 2022/2023 FY 2023/2024 2 Year Total
Salary Increase $9,448 $9,826 $19,274
Benefits $3,780 $3,930 $7,710
Total Cost $13,228 $13,756 $26,984
ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 9/20/2022, Item No. 12., Item Page 1, Packet Page 122 cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The staff recommendation is consistent with recent City Council guidance.

DISCUSSION:

The City Attorney is a single position classification appointed by the City Council and retained by an individual employment contract adopted by Council on October 2, 2018. The original Employment Agreement has a current end date of June 30, 2023. Based on Council direction, Staff is recommending an amendment with the following updated salary and benefit terms:

1. The term of this agreement shall be extended to June 2027.

2. 4% salary increase effective July 1, 2022.

3. 4% salary increase effective July 1, 2023.

4. Cafeteria Plan / Health Insurance:
a. For the plan year beginning January 1, 2023, the City shall make a non-elective employer contribution to the flexible benefits plan on behalf of Ms. Davi in an amount which, inclusive of the minimum PEMHCA contribution, is up to the following amounts:
 $2,540.00 per month – family coverage
 $2,040.00 per month – employee + 1
 $899.00 per month – employee only
[EXAMPLE: For 2023, the PEMHCA minimum contribution is $151; the City shall make a flexible benefits plan contribution of $2,389.00 per month for family coverage, $1,889.00 per month for two-person coverage and $748.00 per month for single coverage.]
This contribution is known as the Health Plan Spending Fund (“HPSF”). In no event will Ms. Davi be credited with cash for any remaining HPSF balance. b. For the plan year January 1, 2024 only, if the amounts in subsection a) above are less than the total premiums for PERS Gold, the City shall increase its contributions, not to exceed 9%, to the new PERS Gold premiums.

5. In addition to other vacations that may be taken by Ms. Davi throughout the year, the City Council pre-approves and encourages a three-week (contiguous) vacation annually, for the duration of this contract, and understands that Ms. Davi may be absent from two or more City Council meetings during this vacation.

Council Regular Meeting, 9/20/2022, Item No. 12., Item Page 2, Packet Page 123

6. For the pay period effective September 16, 2022, or as soon thereafter that is practical, Davi may cash out vacation accrual in excess of 280 hours. This is a onetime allowance in addition to the December 31, 2022 cash-out option.

Attachments: 1. Resolution

2. Amendment

3. Employment Agreement
c: Hans Uslar, City Manager
Rafaela King, Finance Director
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, 9/20/2022, Item No. 12., Item Page 3, Packet Page 124 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
10211967.1 MO475-001

AUTHORIZE AN AMENDMENT TO CITY ATTORNEY EMPLOYMENT AGREEMENT WHEREAS, the City Council has retained City Attorney Christine Davi (“Davi”) since May 1, 2012;
WHEREAS, the City Council employment agreement with the City Attorney was adopted on October 2, 2018 with a current end date of June 30, 2023; WHEREAS, the City Council desires to continue to retain the City Attorney and revise the employment agreement with the following terms:

1. The term of the employment agreement shall be extended to June 2027.

2. 4% salary increase effective July 1, 2022.

3. 4% salary increase effective July 1, 2023.

4. Cafeteria Plan / Health Insurance:
a. For the plan year beginning January 1, 2023, the City shall make a non-elective employer contribution to the flexible benefits plan on behalf of Davi in an amount which, inclusive of the minimum PEMHCA contribution, is up to the following amounts:
i. $2,540.00 per month – family coverage
ii. $2,040.00 per month – employee + 1
iii. $899.00 per month – employee only
[EXAMPLE: For 2023, the PEMHCA minimum contribution is $151; the City shall make a flexible benefits plan contribution of $2,389.00 per month for family coverage, $1,889.00 per month for two-person coverage and $748.00 per month for single coverage.]
This contribution is known as the Health Plan Spending Fund (“HPSF”). In no event will Ms. Davi be credited with cash for any remaining HPSF balance. b. For the plan year January 1, 2024 only, if the amounts in subsection a) above are less than the total premiums for PERS Gold, the City shall increase its contributions, not to exceed 9%, to the new PERS Gold premiums.

Council Regular Meeting, 9/20/2022, Item No. 12., Item Page 4, Packet Page 125 10211967.1 MO475-001

6. For the pay period effective September 16, 2022, or as soon thereafter that is practical, Davi may cash out vacation accrual in excess of 280 hours. This is a one-time allowance in addition to the December 31, 2022 cash out option.

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 Mayor is authorized to execute an employment agreement continuing the employment of Christine Davi as City Attorney and the Finance Director is authorized to amend the FY 2022/23 budget for additional 4% salary and benefits.

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, 9/20/2022, Item No. 12., Item Page 5, Packet Page 126 ATTACHMENT 2

Page 1 of 2 ends

AMENDMENT TO

CITY ATTORNEY EMPLOYMENT AGREEMENT
Christine Davi
City Attorney
This amendment to the CITY ATTORNEY EMPLOYMENT AGREEMENT between the City of Monterey (“City”) and Christine Davi, City Attorney (“Employee”), is entered to as follows:

RECITALS
WHEREAS, the City and Employee entered into the most recent Employment Agreement on or about October 2, 2018 (hereafter the “Agreement”); and WHEREAS, the Agreement has a current end of June 30, 2023; and WHEREAS, City the parties now desire to amend the terms and conditions of the Agreement as set forth below.

NOW, THEREFORE, the parties agree as follows:

TERMS

1. The term of the employment agreement shall be extended to June 2027.

2. 4% salary increase effective July 1, 2022.

3. 4% salary increase effective July 1, 2023.

4. Cafeteria Plan / Health Insurance:
a. For the plan year beginning January 1, 2023, the City shall make a non-elective employer contribution to the flexible benefits plan on behalf of Davi in an amount which, inclusive of the minimum PEMHCA contribution, is up to the following amounts:
i. $2,540.00 per month – family coverage
ii. $2,040.00 per month – employee + 1
iii. $899.00 per month – employee only
[EXAMPLE: For 2023, the PEMHCA minimum contribution is $151; the City shall make a flexible benefits plan contribution of $2,389.00 per month for family coverage, $1,889.00 per month for two-person coverage and $748.00 per month for single coverage.]
This contribution is known as the Health Plan Spending Fund (“HPSF”). In no event will Davi be credited with cash for any remaining HPSF balance. b. For the plan year January 1, 2024 only, if the amounts in subsection a) above are less than the total premiums for PERS Gold, the City shall increase its contributions, not to exceed 9%, to the new PERS Gold premiums.

Council Regular Meeting, 9/20/2022, Item No. 12., Item Page 6, Packet Page 127 ATTACHMENT 2

Page 2 of 2 ends

7. Except as set forth herein, all other terms and conditions of the Agreement, and any extensions thereof, shall remain in full force and effect.

This Agreement is effective ________________ pursuant to Resolution _______. ______________________________ ______________________________ Christine Davi date Clyde Roberson date
City Attorney Mayor
APPROVED AS TO FORM:
________________________________
Special Counsel for the City of Monterey
Che Johnson, Esq.

Liebert Cassidy Whitmore
Date: ________________________
Council Regular Meeting, 9/20/2022, Item No. 12., Item Page 7, Packet Page 128 1-1,19e I ill IS
City of Monterey

CITY ATTORNEY EMPLOYMENT AGREEMENT
This Employment Agreement is made this 2nd day of October 2018 by and between the CITY OF MONTEREY, a municipal corporation ("the City"), and M. CHRISTINE DAVI ("Davi").

TERMS

1. Appointment of City Attorney:

The City initially appointed Davi to the position of City Attorney, in and for the City of Monterey, California, effective May 1, 2012, and Davi was re-appointed on July 1, 2015. This agreement continues that appointment and sets forth the terms and conditions of Davi's continued appointment. Davi accepts such terms and conditions. This employment agreement supersedes all prior agreements.

2. Term of Agreement:

This Agreement is effective upon the date of adoption by the City Council until June 30, 2023, at which time it shall expire. As part of Davi's annual performance review,.the City Council may decide to extend the contract.

3. Duties and Responsibilities:
a. Davi is an at will employee who serves at the pleasure of the City Council. b. As City Attorney, Davi shall be the legal advisor to the City, including the City Council, the City's boards and commissions, and the officers and employees of the City on all matters concerning the municipal affairs of the City, and shall have such other duties and responsibilities as assigned by the City Council. Davi shall at all times be licensed tb practice law in the State of California, in good standing. c. Davi agrees to devote her full productive time, ability and attention to the City's business during the term of this Agreement. Davi shall not hold secondary employment and shall be employed exclusively by the City. However, the City recognizes that Davi may actively participate in community affairs and shall be permitted to volunteer reasonable time, energy and expertise, and from time-totime, to serve and hold office in charitable, non-profit, public service, service club, religious and/or community area organizations. Davi shall keep the Mayor advised regarding such activities. Such activities shall not be in conflict with her responsibilities as City Attorney and shall not create an undue appearance of VArtifyiPV9W-PaTi'l Page 1 of 8
ATTACHMENT 3
Council Regular Meeting, 9/20/2022, Item No. 12., Item Page 8, Packet Page 129 conflict. As an exempt employee, Davi shall not receive overtime or extra compensation for work performed outside normal business hours.

4. Relationships Among the City Council, City Attorney and City Manager:
a. Davi may appoint and remove employees of the City Attorney's Office, as provided in the City Charter, subject to appropriate budgetary authority and the personnel rules of the City. Davi shall coordinate personnel management activities, including hiring, firing, promoting, disciplining and investigating personnel in the City Attorney's Office, with the City Manager and the Human Resources Director_ "Coordinate" means to provide reasonable notice of such activities to the City Manager and the Human Resources Director and permit meaningful input and discussion with these persons (or their designees) before undertaking such activities.
b. The City Council retains final authority over Davi's performance evaluations as set forth in Section 11, below.

5. Termination of Employment and Severance:
a. Pursuant to Section 4.5 of the City Charter, the City Council may remove Davi without cause stated or hearing by a vote of four (4) members, and may remove Davi for "cause" after a hearing by vote of three (3) of its members. "Cause" is defined to include the "Reasons for Discipline" set forth in City Code Section 25-

14.02, or any successor City personnel rules or other good cause. b. Davi may terminate this Agreement, with or without cause at any time provided Davi has provided the City with thirty (30) days written notice prior to such termination.
c. If the City discharges Davi without cause, Davi shall be entitled to a lump sum severance payment equal to six (6) months of base salary, and the continuation of medical, dental and vision benefits for six (6) months after the date Davi's employment is terminated. Such severance is contingent upon Davi signing and delivering a general release of all claims against the City (including without limitation its former and current elected officials, employees, officers and agents), in the form attached as Exhibit A. Such severance shall be payable on the eighth day after the form of release is fully executed.

6. Base Salary:
a. Davi shall be paid an annual base salary of $227,134, retroactive to the first pay period following July 1, 2018, less all applicable federal, state and local withholding. 4Notirting6Pierrt Page 2 of 8
ATTACHMENT 3
Council Regular Meeting, 9/20/2022, Item No. 12., Item Page 9, Packet Page 130 rage 01 a
b. During the term of this agreement, the City Council may consider salary adjustments during Ms. Davits annual performance review.

7. Benefits:

Davi shall receive the following benefits:
a. Participation in 2.7% at 55 California Public Employees Retirement System plan.

Davi shall be responsible for the employee's 8% contribution to the plan and will cost share 3% of the City's required contribution to the plan for a total employee contribution of 11%.
b. Davi shall receive sick leave as provided in Monterey City Code 5 2542.02. c. Davi shall receive family leave as provided in Monterey City Code 5 25-12.01 d. Davi shall receive paid holidays as provided in Monterey City Cod § 2542-12.04. e. Davi shall receive jury duty leave as provided in Monterey City Code § 25-12.05. f. City agrees to provide Davi with a Group Term Life Insurance policy in the amount of $65,000, and voluntary participation in a Supplemental Life Insurance policy subject to carrier limits paid by Davi through payroll deduction. g. City agrees to match up to $35 per pay period ($70 per month) to a City authorized Deferred Compensation Plan authorized under Internal Revenue Code Section 457. h. Davi shall be eligible to participate in the City's Fitness Activity 'Plan (i.e., may accrue 10 hours of leave time per quarter up to 80 hours maximum per the Fitness Activity Plan policy.) Participation in this plan is voluntary and subject to the terms and condition of the plan as provided to all non-sworn employees. . Davi shall receive the City's short term/long term disability insurance plan subject to carrier limits.
j_ Davi shall be eligible to participate in the City's wellness program (i.e. Sports Center fitness pass) subject to the terms and conditions as provided in the MEM EA MOU. k. Davi shall be eligible to participate in the City's Section 125 programs subject to Internal Revenue Service regulations. Davi will pay any administration fee for this service through payroll deduction.

I. Davi shall be eligible to participate in the City's dental/orthodontia insurance plan, and shall receive the same employer contribution and benefits as other full-time employees.

NtrtipiVAIPArtlentPa ge 3 of 8
ATTACHMENT 3
Council Regular Meeting, 9/20/2022, Item No. 12., Item Page 10, Packet Page 131 m. City shall provide vision care coverage for Davi and her dependents. The plan will provide for expenses incurred up to the annual maximums described in the plan description.
n. Davi shall participate in the City's Cafeteria plan. The City will contribute a monthly sum to the employee's Health Plan Spending Fund (HPSF) based on the employee's participation in the Public Employees Medical and Hospital Care Act (PEMHCA). The HPSF amounts' are subject to the amounts as provided to other confidential Department Heads.
a_ Davi shall be eligible for cell phone allowance up to $780 per year. p. Davi shall be eligible to participate in the Employee Assistance Plan, and shall receive the same employer contribution and benefits as other full-time employees. q. Davi shall not receive longevity pay.

8. Vacation and Leave:

Davi shall receive vacation and leave accruals, including annual "use it or lose it" forty (40) hours of management leave. Davi shall be entitled to retain all leave balances in existence as of the effective date of this Agreement_ Davi shall continue accrue 17 days' vacation leave per year until the first pay period after March 1, 2021, at which time she will accrue four weeks' vacation leave per year.

9. indemnification:

The City shall defend, hold harmless and indemnify Davi against any lawsuit pursuant and subject to the provisions and limitations of California Government Code section 825, provided such lawsuit is against Davi for acts or omissions within the course and scope of her employment.

10. Notices:

Notices pursuant to this Agreement shall be in writing given by deposit in the custody of the United States Postal Service, first class postage prepaid, addressed as follows:
a. The CITY: Mayor and City Council
City of Monterey
580 Pacific Street
Monterey, CA 93940
b. DAVI: M. Christine Davi, City Attorney
(Home address on record with Human Resources)
cAltrigilikeRV-79Print Page 4 of 8
Crty onterey
ATTACHMENT 3
Council Regular Meeting, 9/20/2022, Item No. 12., Item Page 11, Packet Page 132 rage or o
Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial process. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice, postage prepaid, with the United States Postal Service.

11. Bonding:

The City shall bear the full cost of any fidelity or other bond required for the City Attorney under any law or ordinance.

12. Professional Memberships, Meetings, Seminars:

It is understood and agreed that the City and Davi will mutually benefit from Davi's participation in certain professional activities relating to urban affairs and municipal laws.

Therefore, Davi shall be a member of the State Bar of California, and such other professional organizations as may be properly budgeted by City. The City shall continue to pay state and local bar dues for Davi. Subject to budgetary constraints, Davi may enroll, attend, and participate in conferences, courses, seminars, committee work, or other activities of organizations such as those fisted above that benefit the City. Davi shall be subject to the City's rules, regulations and ordinances that apply to general Executive Managers concerning reasonable costs and expenses in connection with a particular event or activity authorized through the budgetary process. When required to advance or reimburse expenses or costs associated with such events or activities, authorization shall be by the City Manager, or the City Manager's designee.

13. Performance Evaluations:

The City Council shall review and evaluate the performance of Davi each year prior to the close of the fiscal year. Davi shall receive an annual performance review from the City Council. The City Council shall determine, at its discretion, the form of the performance review; such as whether the review is oral, written, or both.

14. Miscellaneous:
a. The text herein shall constitute the entire Agreement between the parties. This Agreement may not be modified, except by written agreement executed by both parties and specifically supersedes and replaces any and all terms of the prior employment agreement between the City and Davi.
b. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.
actleetriit9246041rTrItPage 5 of 8
ATTACHMENT 3
Council Regular Meeting, 9/20/2022, Item No. 12., Item Page 12, Packet Page 133 DATED:. 0-IA•7-0k
hfieltage 6 of 8
c. This.Agreententshall be governed by the laws of the State 0Q:111pr/11a. rE The parties tgree that any arnbiguhy in this AgreeMent sha)i -riot be constraed interpreted against,. or in favor of either party.
g, This Agreement may be executed etunterparts containing original signatuivs DATED: I D 1
Chriaine Davi, Cittf Attornev
APPROVED AST° FORM:

Special ownsel far the City of Menterey
C4110 Sakai', Esti,
Sloan. Sakai LLP
DATED:

ATTACHMENT 3
Council Regular Meeting, 9/20/2022, Item No. 12., Item Page 13, Packet Page 134 rage / 01 0

EXHIBIT A

CONFIDENTIAL

GENERAL RELEASE OF ALL CLAIMS
RECITALS: The parties desire to sever their relationship in a manner that will preserve the good will which exists between them. In exchange for the payment described herein, M. Christine Davi waives any claims against the City of Monterey.

TERMS:

1. in consideration of the payment of (a lump sum, less applicable withholding), to be paid on the eighth day following execution of this Agreement, as well as continued medical, dental and vision benefits for six (6) months from until in the same manner they were provided prior to the execution of this Agreement, M. Christine Davi ("Davi") hereby fully and forever releases, discharges and covenants not to sue, with respect to any and all matters relating to or underlying Davis employment with the City of Monterey ("City" which terms includes without limitation the City boards, board members, related foundations, predecessors, successors, affiliated entities, departments, committees, divisions, employees, officers, volunteers, assigns and agents), including any and all • liabilities, claims, demands, contracts, debts, administrative matters, obligations and causes of action of every nature, kind and description, in law, equity, or otherwise. This is a full and final general release of any and all employment related administrative and legal claims of any kind, including without limitation wrongful termination, civil rights, wage and hour and all other employment and labor related claims of any kind or nature under any and all federal, state and local laws.

2. Any and all rights granted under Section 1542 of the California Civil Code or any analogous state or federal law or regulation are hereby expressly waived. Said Section 1542 of the California Civil Code, reads as follows:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.

3. Nothing contained in this Agreement shall constitute or be treated as an admission of liability or wrongdoing by the City. Davi agrees that she will not, except as may be mandated by statutory or regulatory requirements or as may be required by legal process, disclose to others the terms of this settlement, the amounts referred to in this agreement, or the fact of the payment of said amounts, except that Davi may make such disclosures to her attorneys, accountants or other professional service advisors to the extent such disclosures are necessary to effectuate the purposes for which she consulted with such professional advisors. If this confidentiality clause is breached, CITY may in its discretion sue to recover all amounts paid hereunder. The prevailing party in such an action will be entitled to attorneys' fees and costs.

4. The Agreement constitutes a comprehensive, general release of any and all claims (including without limitation Age Discrimination in Employment Act ("ADEA")) against City. Davi understands and acknowledges that she has been given at least 21days to consider her release of claims under the ADEA, and in any event that she expressly waives this 21 day notice provision. Davi further acknowledges that she has seven days from the date she executes this settlement agreement to revoke her release under the ADEA only provided, however, that should the undersigned revoke such release, City may in its sole discretion rescind this entire agreement and obtain all amounts paid hereunder.

Werey 0"19eat

Page 7 of 8 ends

ATTACHMENT 3
Council Regular Meeting, 9/20/2022, Item No. 12., Item Page 14, Packet Page 135 Hage ot 8

5. In the event that any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid or against public policy, that term, condition or provision shall be deleted, and the remaining terms shall continue in full force and effect.

6. Each party has had the opportunity to participate in drafting the Agreement, and accordingly, any term of the Agreement shall not be construed against one party solely because such party actually drafted or circulated the Agreement. Davi acknowledges that she has read and understands the foregoing Agreement and Release and that she affixes her signature hereto voluntarily and without coercion. The undersigned further acknowledges that the waivers she has made are knowing, conscious and with full appreciation that she is forever foreclosed from pursuing any of the rights so waived.

DATED:

M. Christine Davi
DATED
City of Monterey
(Print Name):
gitgt,MilgfiFilkriVIEfirleat Page 8 of 8
City of Monterey
ATTACHMENT 3
Council Regular Meeting, 9/20/2022, Item No. 12., Item Page 15, Packet Page 136 Council
Agenda Report
№08/22
FROM: Andrea Renny, P.E., PTOE, Interim Public Works Director Prepared By: Tom Harty, P.E., QSD, Acting City Engineer SUBJECT: Adopt the Fiscal Year 2022/23 Neighborhood and Community Improvement Program ***NCIP*** (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt the attached resolution approving the proposed Neighborhood and Community Improvement Program (NCIP) Budget for Fiscal Year 2022/23.

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.

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

TRANSPARENT AND INCLUSIVE GOVERNMENT – Foster a local government that is transparent and collaborative; and solicits, welcomes and appreciates input from all.

POLICY IMPLICATIONS:

The determination of the projects, priorities and expenditures shall be within the sound discretion of the City Council. (City Charter section 6.6(e).) The recommended action is consistent with established policy and procedures for adopting the annual NCIP project budget. On August 10, 2022, the Parks and Recreation Commission found the Parks and Recreation related projects to be consistent with the Parks and Recreation Master Plan. On July 26, 2022, the Planning Commission determined the proposed projects to be consistent with the General Plan, Area/Specific Plans, Master Plans, Traffic Calming Plans, and the Move Monterey Multimodal Plan.

FISCAL IMPLICATIONS:

The NCIP will receive $4,828,585 of Transient Occupancy Tax (TOT) revenue for the FY 2022/23 program cycle. Including interest, grant funding reimbursement, ending balance Date: 9/20/2022
Item No.: 13.

Council Regular Meeting, 9/20/2022, Item No. 13., Item Page 1, Packet Page 137 account, and deducting City overhead costs, the funding available for projects in FY 22/23 is $5,285,266.

Budget adjustments to the available amount for appropriation are as follows:

The NCIP Committee recommends projects to the City Council for approval of funding. This year’s NCIP budget of $5,285,266, includes Transient Occupancy Tax (TOT) revenue, interest and grant reimbursement, and prior year ending balance. This figure also includes a deduction for City overhead costs. City staff recommends allocating 20% of the total program budget, $1,000,000, into the NCIP Contingency Account (31ncont) this year due to current inflation, supply chain issues, and unpredictability of schedules and cost increases. Consultant costs have also risen, and staffing shortages are common; having a large contingency would ensure that the approved projects get implemented in a timely manner. Any remaining contingency funding, not expended, will return to the NCIP fund.

Following the review by the Parks and Recreation Commission, the Planning Commission, and the NCIP Committee, the recommended allocation is as follows:

FY 2022/23 Project Funds $ 5,285,266
NCIP Contingency
Account (31ncont) 20% $ 1,000,000
Recommended Project
Total $ 3,813,000
Remaining Balance $ 472,266
The Remaining Balance may be appropriated in the future as funding for ‘cut-off’ projects.

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined that the following actions are exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Sections 15301, 15303, 15306, and, Classes 1, 3, and 6) because the proposed actions involve the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination; the construction and location of limited numbers of new, small facilities or structures; or basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource (these may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded).

These exempt projects include:

Exempt Projects: CEQA Exemption
(Article, Section, Class):

Del Monte Beach Walkway Repair (DMB-1) 19,15301, 1
Sports Center Pool Modernization – Dehumidifier Replacement (CW-32-A)
19,15301, 1
Casanova Oak Knoll Park Play Structure (COK-6) 19, 15303, 3 Council Regular Meeting, 9/20/2022, Item No. 13., Item Page 2, Packet Page 138 Church Street Raised Crosswalk (DT-16) 19, 15301, 1
Devisadero 700 Drainage Swale (NM-15) 19, 15301, 1
Prescott 1740 Sidewalk (NM-22) 19, 15301, 1
Skyline Forest Drive/Hoffman Hwy K-Rail (SK-9) 19, 15301, 1 City Restroom Study (CW-9) 19, 15306, 6
Casa Verde/Hwy 1 Hardscape Murals (VDM-8) 19, 15301, 1
Dry Creek Road Storm Drain Grate (MV-12) 19, 15301, 1
Via Paraiso Tennis Court Striping (MV-21) 19,15301, 1
La Playa and Park Ave Ped/Bike Crossing Improvements (OG1)19, 15301, 1 El Caminito Del Norte Streetlight (MV-11) 19, 15301, 1
Via Marettimo Streetlight (FF-3) 19, 15301, 1
Tree Inventory (CW-16) 19, 15306, 6
Veterans Park-Repairs (CW-62) 19, 15303, 3
Fairground Road/Airport Road Lighting 19, 15301, 1
Casanova Oak Knoll Park Improvements (COK-5) 19, 15303, 3 Public Art Security Plan Phase 1 (CW-5) 19, 15306, 6
Furthermore, the exempt projects do 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. Exemption a – Location – does not apply to projects which are exempt under Class 1 or 31. The projects which are exempt under Class 6 would have no effect on the environment because they consist of studies and information-gathering only.

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 projects have a limited scope. Some projects exempt under Class 1 would only require negligible expansion of paved surfaces. Therefore, no cumulative impacts are anticipated.

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

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

Council Regular Meeting, 9/20/2022, Item No. 13., Item Page 3, Packet Page 139 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. None of these projects would be located on hazardous waste sites listed pursuant to Section 65962.5 of the Government Code.

Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. None of the projects exempt under CEQA would involve historic properties; therefore, there would be no impacts to historic resources. Those projects exempt under Class 6 would have no effect on historic resources because they consist of studies and information-gathering only. Some of the projects which are exempt under Class 1 are in a sensitive archeological area as shown in the General Plan EIR (Figure 8, Archeological Sensitivity Map); however, these projects would require negligible expansion of paved surfaces and minimal excavation of previously disturbed ground; no improvements in native soil. The projects which are exempt under Class 3, new construction, are not located within a sensitive archeological area as shown in the General Plan EIR (Figure 8, Archeological Sensitivity Map). Therefore, projects which are exempt under Class 1 and 3 would not affect historic or archaeological resources. In the case of an inadvertent archaeological discovery at any of the project sites, the City’s typical archaeological procedures shall be followed, making impacts to archaeological resources less than significant.

For the remaining projects listed below, project-specific environmental review will be conducted as projects are proposed. As currently conceived, the projects are consistent with the City’s plans, and project-specific impacts could be reduced to a less-than-significant level through project design and specifications.

Further Review Required:

Accessible Beach Mats (CW-13)
Casanova Ave Radar Speed Signs (DMG-3)
El Dorado Tree Removal (AM-11)
Wyndemere Upper Canyon – Log Drop Repair (SK-3)
Webster/Camino El Estero Lighted Crosswalk (DT-25)
Laguna Grande Park Parking Lot Lighting (DMG-7)
American Legion to Harrison Walkway (OT-1)
Del Monte Beach/Tide Ave Security Camera (DMB-4)
OG Neighborhood Sign at Mark Thomas (OG-2)
Via Paraiso Park Expression Swings (MV-16)
Dennis the Menace Park Expression Swings (CW-31)
Hartnell Crosswalk Light (DT-14)
Great Blue Heron Sculpture Restoration (CW-25)
Capitol Site Master Plan (CW-42)
Library Parking Lot Streetlight (CW-28)
Larkin Park Swings Installation (OT-2)
Soledad Drive Traffic Calming, Radar Speed Signs (MV-17) Don Dahvee Creek Path Design/Engineering (AM-5)
Josselyn Canyon Radar Speed Signs (CW-23)
Casanova Ave Sidewalk (DMG-4)
Deer Flats Park Bench Renovation (DF-3)
David Avenue LED Stop Signs (NM-24)
Council Regular Meeting, 9/20/2022, Item No. 13., Item Page 4, Packet Page 140 Old Town Neighborhood Signs (OT-5)
Aeneas Bridge Restoration – Deferred Maintenance (NM-35) Oak Street 500 Block Widening Phase 1 (NM-23)
Villa Del Monte Radar Speed Signs (VDM-1)
Draft Supplemental IS-MND
Capitol Site Fuel Reduction and Cleanup (CW-41) - Draft Supplemental IS-MND anticipated adoption prior to December 2022.

Final IS-MND
Greenbelt Fuel Reduction (CW-17) – Final IS-MND adopted by the Planning Commission on December 8, 2020 (Resolution No. P20-028).

ALTERNATIVES CONSIDERED:

The City Council has several alternative options to consider for this item:

1. Council may re-prioritize the list of proposed projects;

2. Council may choose not to fund specific project(s) from the prioritized list of projects;

3. Council may choose to allocate a different contingency amount than proposed by staff;

4. Council may request project re-scoping (greater or lesser) and refer this item back to the NCIP Committee for possible revisions to the recommended NCIP program;

5. With a four-fifths vote, the City Council could determine that NCIP funds are needed for the ordinary and necessary services of the City.

DISCUSSION:
2022/23 NCIP Process
On June 16, 2022, the NCIP Committee met to vote on recommendations for NCIP projects for FY 2022/23. Voting night was focused entirely on project prioritization. All 154 projects were voted on individually and received from 0 to 10 points from each Neighborhood Representative.

Following the vote, the projects were ranked in order of total points received.

In the weeks following ranking, staff prepared focused estimates for the highest ranked projects.

These detailed estimates were prepared in order of project priority until program funding had been exhausted (refined estimates were not prepared for all projects). Exhibit A-1 includes the prioritized project list with the votes received and the updated engineer’s estimate of the total project cost.

Following the NCIP committee prioritization, the proposed projects were reviewed for consistency by the Parks and Recreation Commission (PRC) and the Planning Commission (PC).

On July 26, 2022, the PC reviewed the recommended NCIP projects and determined that all proposed projects are in compliance with the City’s General Plan, area plans, master plans, traffic calming plans, and Multi-Modal Mobility Plan.

Council Regular Meeting, 9/20/2022, Item No. 13., Item Page 5, Packet Page 141 On August 10, 2022, the PRC reviewed the park-related projects and determined that all proposed projects that fall under PRC purview are in compliance with the current Parks and Recreation Master Plan.

On August 18, 2022, the NCIP Committee met to review the project list and make a recommendation on projects to Council. The NCIP Committee reviewed the prioritized project list and recommended that 10% of the program budget be allocated into the program contingency account. However, Staff, in its discretion, recommends an amount of project contingency that is subject to review and approval by the City Council. Staff recommends a program contingency of 20% this year, $1,000,000, to buffer against current inflation, supply chain issues, staff shortages, industry staffing shortages, and the general unpredictability of the current construction/consultant market. In addition to the program contingency, each project includes a minimum 10% project contingency, a standard practice for NCIP projects in the recent past, however that contingency has not been consistently sufficient.

During the August 18 NCIP meeting, two projects in particular were identified as having much higher updated cost estimates than the preliminary estimates used on voting night. Updated cost estimates included soft costs in the estimates; preliminary estimates were based primarily on approximate construction costs only. Soft costs include design development, environmental studies, securing construction and other required permits, construction testing and inspection, and a more detailed estimate of probable cost.

The first of the two projects discussed was the Casa Verde/Highway 1 Hardscape Murals project. This project includes improvements to the Highway 1 underpass on Casa Verde Way that include re-grading and concrete slope protection, new under-bridge lighting, four neighborhood monuments, and four mosaic tile murals that will be installed beneath Highway 1 and adjacent to Casa Verde Way. The project may require permission from Caltrans and review by the City’s Museum and Cultural Arts Commission. The scope of this project includes additional work beyond the installation of the murals. The project cost estimate increased from $388,000 to an updated total estimate of $675,000.

The second project discussed was the Upper Wyndemere Log Drop Repair project. This project includes repairing erosion that has occurred since the 17 original structures were installed in the 1990s. This project was originally proposed in 2011 with an estimate of $92,000. This year, the preliminary estimate of $130,000 was derived by only increasing the amount by the inflation that had occurred since 2011; the detailed cost estimate included permitting and environmental costs, which have increased significantly since 2011, to $ 675,000.

Should Council propose to eliminate one or more projects on the recommended project list, that funding would become available for use on other projects at the lower end of the priority list.

Surplus funding from projects that are completed under budget throughout the year will be transferred into the Ending Balance Account. The ending balance account may be allocated to other projects after a separate Council approval.

Council Regular Meeting, 9/20/2022, Item No. 13., Item Page 6, Packet Page 142 Recommended Projects
The list of projects shown in Exhibit A-1 presented for Council consideration is a result of the recommendation of the NCIP Committee, PC, and PRC processes.

Therefore, staff is submitting for consideration 25 projects for FY 2022/23, plus four additional cut-off projects. The estimated total cost of the recommended projects is $4,693,000.

The recommended projects represent a wide array of community needs. Including projects that directly address the concerns of the citizens of Monterey, including greenbelt fuel reduction and intersection improvements.

There are $2,170,000 in projects that address park improvements, including Accessible Beach Mats (CW-13), Del Monte Beach Walkway Repair (DMB-1), Old Capitol Site Fuel Reduction and Cleanup (CW-41), Greenbelt Fuel Reduction (CW-17), Sports Center Pool Modernization – Dehumidifier Replacement (CW-32-A), Casanova-Oak Knoll Park Play Structure (COK-6), Via Paraiso Park Expression Swings (MV-16), Dennis the Menace Park Expression Swings (CW31), Old Capitol Site Master Plan (CW-42), City Public Restroom Study (CW-9), Larkin Park Swings Installation (OT-2), Via Paraiso Tennis Court Striping (MV-21), and Deer Flats Park Bench Renovation (DF-3).

Four cut-off projects are also identified which will only be recommended to Council if sufficient funding is returned to the NCIP Ending Balance account. As projects are completed, or eliminated, prior to the January 2023 NCIP committee meeting, excess funds that are returned to the NCIP program balance may be used to fund cut-off projects.

The project descriptions can be found in Exhibit A-2.

Individual projects contain an internal contingency that varies based on the individual project type. In general, because construction project costs are more volatile this year than usual, they have been assigned a higher contingency value than study and design projects.

Projects recommended for approval by the NCIP Committee have only received preliminary design. Most projects require additional work and coordination with various stakeholders (i.e., Parks and Recreation Commission, Architectural Review Commission, etc.) to determine feasibility. If the project scope requires a change, the change must be vetted through the NCIP Committee who may recommend the change to the City Council for approval.

Project Impacts to Ongoing Maintenance & Staffing
Council is asked to consider the ongoing costs of each of these projects and the value that each of these projects represent to the City as a whole. Council is requested to consider approving these projects or to make specific recommendations to NCIP to reduce the anticipated maintenance costs associated with these proposed new projects. The following projects will have impact to staff programs or contractual budgeted maintenance costs:

VDM-8: There may be maintenance costs required to remedy any graffiti or damage to the murals. This cost is unknown.

Council Regular Meeting, 9/20/2022, Item No. 13., Item Page 7, Packet Page 143 DMG-7, CW-28, & MV-11: Adding new streetlights will impact contractual cost of Streets Maintenance.

DMG-3, MV-17, & CW-23: Adding new speed radar signs will impact contractual cost of Streets Maintenance. Current annual maintenance cost = $1,200/sign, or $7,200 in total; current replacement cost = $25,000/sign.

DT-25, DT-14, OG-1, & NM-24: Adding new rectangular rapid flashing beacons at pedestrian crosswalks and LED stop signs will impact the contractual cost of Streets Maintenance. Current annual maintenance cost = $1,400/unit, or $11,200 in total; current replacement cost = $25,000/ unit.

CW-13: Adding accessible beach mats will impact Parks Maintenance at Wharf 2 and Del Monte Beaches. Current annual maintenance cost = $2,400/installation, or $7,200 in total; current replacement cost = $20,000/installation.

DMB-4: Adding security cameras at Del Monte Beach will impact the Information Services Division (ISD). The increased general fund maintenance cost will be for camera maintenance, photo storage, and photo retrieval per request. A City policy for the installation of surveillance cameras in public areas will be required. Current annual maintenance cost equals $2,400 per camera – this cost may be more if Automatic License Plate Reader (ALPR) cameras are used.

APLR systems use high-speed computer-controlled camera that may be mounted on fixed structures. The camera automatically captures an image of the license plate of each vehicle that passes their optical range. ALPR cameras cost approximately $6,000 each. In 2017, the California Supreme Court ruled that data from ALPRs may be disclosed under the California Public Records Act. Should the City implement the ALPR program, staff needs to have the capacity and capability to anonymize the footage and redact the plates that are scanned in response to a PRA to protect privacy interests. The City Council recently adopted an ALPR policy for parking enforcement.

CW-32-A: Replacing the Sports Center Dehumidifier will require less routine maintenance by Building Maintenance staff due to the removal of the obsolete equipment.

CW-9: Conducting a Citywide study of public restrooms will provide guidance and cost for hours of operation, serviceability, and needs placement. Any public restrooms proposed will have ongoing costs for regular cleaning, maintenance, supplies, utility costs and fees, and water allocations. This project is an analysis of where additional restrooms may be needed; it is not a proposal to construct new restroom facilities.

Conclusion
The approved projects and four (4) cutoff projects represent a wide array of community needs.

Staff believes the list as a whole represents the desires of the community and should be approved as submitted.

Therefore, it is recommended that the City Council adopt and approve the Neighborhood and Community Improvement Program (NCIP) budget for Fiscal Year 2022/23, as shown on Exhibits A-1 and A-2.

Council Regular Meeting, 9/20/2022, Item No. 13., Item Page 8, Packet Page 144 Recommendation
Therefore, Staff recommends that the City Council adopt the attached resolution approving the proposed Neighborhood and Community Improvement Program (NCIP) Budget for Fiscal Year 2022/23.

AR/th/ah
Attachments: 1. Resolution with Exhibit A-1 and Exhibit A-2 e: Rick Heuer, NCIP Chair/Spokesperson
Jean Rasch, NCIP Vice Chair/Alternate Spokesperson
NCIP Committee
Karen Larson, Parks and Recreation Director
Louie Marcuzzo, Parks Operations Manager
Shannon Leon, Recreation Manager
Fernanda Roveri, Principal Planner
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, 9/20/2022, Item No. 13., Item Page 9, Packet Page 145 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
ADOPT THE FISCAL YEAR 2022/23 NEIGHBORHOOD AND
COMMUNITY IMPROVEMENT PROGRAM ***NCIP***
WHEREAS, on June 16, 2022, the Neighborhood and Community Improvement Program (NCIP) committee voted to recommend projects for funding; WHEREAS, on July 26, 2022, the Planning Commission reviewed the recommended NCIP projects and determined that all proposed projects are in compliance with the City’s General Plan, area plans, master plans, traffic calming plans, and Multi-Modal Mobility Plan; WHEREAS, on August 10, 2022, the Parks and Recreation Commission reviewed the proposed projects and determined that all proposed projects that fall under PRC purview are in compliance with the current Parks and Recreation Master Plan; and, WHEREAS, the City of Monterey Planning Office determined that the following actions are exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Sections 15301, 15303, 15306, and, Classes 1, 3, and 6) because the proposed actions involve the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination; the construction and location of limited numbers of new, small facilities or structures; or basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource (these may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded).

These exempt projects include:

Exempt Projects: CEQA Exemption
(Article, Section, Class):

Del Monte Beach Walkway Repair (DMB-1) 19,15301, 1
Sports Center Pool Modernization – Dehumidifier Replacement (CW-32-A)
19,15301, 1
Casanova Oak Knoll Park Play Structure (COK-6) 19, 15303, 3 Church Street Raised Crosswalk (DT-16) 19, 15301, 1
Devisadero 700 Drainage Swale (NM-15) 19, 15301, 1
Prescott 1740 Sidewalk (NM-22) 19, 15301, 1
Skyline Forest Drive/Hoffman Hwy K-Rail (SK-9) 19, 15301, 1 City Restroom Study (CW-9) 19, 15306, 6
Casa Verde/Hwy 1 Hardscape Murals (VDM-8) 19, 15301, 1
Dry Creek Road Storm Drain Grate (MV-12) 19, 15301, 1
Via Paraiso Tennis Court Striping (MV-21) 19,15301, 1
La Playa and Park Ave Ped/Bike Crossing Improvements (OG-1) 19, 15301, 1 El Caminito Del Norte Streetlight (MV-11) 19, 15301, 1
Council Regular Meeting, 9/20/2022, Item No. 13., Item Page 10, Packet Page 146 2 Via Marettimo Streetlight (FF-3) 19, 15301, 1
Tree Inventory (CW-16) 19, 15306, 6
Veterans Park-Repairs (CW-62) 19, 15303, 3
Fairground Road/Airport Road Lighting 19, 15301, 1
Casanova Oak Knoll Park Improvements (COK-5) 19, 15303, 3 Public Art Security Plan Phase 1 (CW-5) 19, 15306, 6
Furthermore, the exempt projects do 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. Exemption a – Location – does not apply to projects which are exempt under Class 1 or 31. The projects which are exempt under Class 6 would have no effect on the environment because they consist of studies and information-gathering only.

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 projects have a limited scope. Some projects exempt under Class 1 would only require negligible expansion of paved surfaces. Therefore, no cumulative impacts are anticipated.

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

Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). The projects would not be visible from scenic highways; therefore, no impacts to scenic highways would 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. None of these projects would be located on hazardous waste sites listed pursuant to Section 65962.5 of the Government Code.

Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. None of the projects exempt under CEQA would involve historic properties; therefore, there would be no impacts to historic resources. Those projects exempt under Class 6 would have no effect on historic resources because they consist of studies and information-gathering only. Some of the projects which are exempt under Class 1 are in a sensitive archeological area as shown in the General Plan EIR (Figure 8, Archeological Sensitivity Map); however, these projects would Council Regular Meeting, 9/20/2022, Item No. 13., Item Page 11, Packet Page 147 3 require negligible expansion of paved surfaces and minimal excavation of previously disturbed ground; no improvements in native soil. The projects which are exempt under Class 3, new construction, are not located within a sensitive archeological area as shown in the General Plan EIR (Figure 8, Archeological Sensitivity Map). Therefore, projects which are exempt under Class 1 and 3 would not affect historic or archaeological resources. In the case of an inadvertent archaeological discovery at any of the project sites, the City’s typical archaeological procedures shall be followed, making impacts to archaeological resources less than significant.

Further Review Required:

Accessible Beach Mats (CW-13)
Casanova Ave Radar Speed Signs (DMG-3)
El Dorado Tree Removal (AM-11)
Wyndemere Upper Canyon – Log Drop Repair (SK-3)
Webster/Camino El Estero Lighted Crosswalk (DT-25)
Laguna Grande Park Parking Lot Lighting (DMG-7)
American Legion to Harrison Walkway (OT-1)
Del Monte Beach/Tide Ave Security Camera (DMB-4)
OG Neighborhood Sign at Mark Thomas (OG-2)
Via Paraiso Park Expression Swings (MV-16)
Dennis the Mennis Park Expression Swings (CW-31)
Hartnell Crosswalk Light (DT-14)
Great Blue Heron Sculpture Restoration (CW-25)
Capitol Site Master Plan (CW-42)
Library Parking Lot Streetlight (CW-28)
Larkin Park Swings Installation (OT-2)
Soledad Drive Traffic Calming, Radar Speed Signs (MV-17) Don Dahvee Creek Path Design/Engineering (AM-5)
Josselyn Canyon Radar Speed Signs (CW-23)
Casanova Ave Sidewalk (DMG-4)
Deer Flats Park Bench Renovation (DF-3)
David Avenue LED Stop Signs (NM-24)
Old Town Neighborhood Signs (OT-5)
Aeneas Bridge Restoration – Deferred Maintenance (NM-35) Oak Street 500 Block Widening Phase 1 (NM-23)
Villa Del Monte Radar Speed Signs (VDM-1)
Draft Supplemental IS-MND
Capitol Site Fuel Reduction and Cleanup (CW-41) - Draft Supplemental IS-MND anticipated adoption prior to December 2022.

Final IS-MND
Greenbelt Fuel Reduction (CW-17) – Final IS-MND adopted by the Planning Commission on December 8, 2020 (Resolution No. P20-028).

Council Regular Meeting, 9/20/2022, Item No. 13., Item Page 12, Packet Page 148 4 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that that the above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby adopts and approves the Neighborhood and Community Improvement Program (NCIP) total budget of $5,285,266, which includes a contingency amount of $1,000,000 for Fiscal Year 2022/23, as shown in Exhibits A-1 and A-2.

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, 9/20/2022, Item No. 13., Item Page 13, Packet Page 149

NEIGHBORHOOD AND COMMUNITY IMPROVEMENT PROGAM (NCIP)
RECOMMENDED PROJECT LIST - FY 2022-23
Rank VOTE
TOTAL

PROJECT
NO. PROJECT TITLE COST ESTIMATE

RUNNING TOTAL

OF PROJECT
COSTS
1 123 CW-13 Accessible Beach Mats $ 60,000 $ 60,000
2 117 DMB-1 Del Monte Beach Walkway Repair $ 50,000 $ 110,000 3 109 CW-41 Capitol Site Fuel Reduction and Cleanup $ 250,000 $ 360,000 4 108 DMG-3 Casanova Ave Radar Speed Signs $ 50,000 $ 410,000 4 108 CW-17 Greenbelt Fuel Reduction $ 300,000 $ 710,000 6 107 AM-11 El Dorado Tree Removal $ 25,000 $ 735,000
7 104 SK-3 Upper Wyndemere Log Drop Repair $ 675,000 $ 1,410,000 8 100 DT-25 Webster/Camino El Estero Lighted Crosswalk $ 135,000 $ 1,545,000 8 100 CW-32-A Sports Center Pool Modernization -
Dehumidifier Replacement $ 1,200,000 $ 2,745,000
10 97 DMG-7 Laguna Grande Park Parking Lot Lighting $ 230,000 $ 2,975,000 11 96 COK-6 Casanova Oak Knoll Park Play Structure $ 20,000 $ 2,995,000 11 96 OT-1 American Legion to Harrison Walkway $ 88,000 $ 3,083,000 13 95 DMB-4 Del Monte Beach/Tide Ave Security Camera $ 40,000 $ 3,123,000 14 91 OG-2 OG Neighborhood Sign at Mark Thomas $ 15,000 $ 3,138,000 15 90 MV-16 Via Paraiso Park Expression Swings $ 30,000 $ 3,168,000 16 89 DT-16 Church Street Raised Crosswalk $ 165,000 $ 3,333,000 16 89 CW-31 Dennis the Menace Park Expression Swings $ 25,000 $ 3,358,000 18 87 DT-14 Hartnell Crosswalk Light $ 50,000 $ 3,408,000 19 86 NM-15 Devisadero 700 Block Drainage Swale $ 100,000 $ 3,508,000 19 86 NM-22 Prescott Ave 1740 Sidewalk $ 35,000 $ 3,543,000 19 86 CW-28 Library Parking Lot Streetlight $ 10,000 $ 3,553,000 22 85 CW-42 Capitol Site Master Plan $ 75,000 $ 3,628,000 23 84 SK-9 Skyline Forest Drive/Holman Hwy K-Rail $ 25,000 $ 3,653,000 24 82 CW-9 City Restroom Study $ 100,000 $ 3,753,000
25 81 OT-2 Larkin Park Swings Installation $ 60,000 $ 3,813,000 26 79 VDM-8 Casa Verde/Hwy 1 Hardscape Murals $ 675,000 $ 4,488,000 27 77 MV-17 Soledad Drive Traffic Calming, Radar Speed
Signs $ 50,000 $ 4,538,000
28 76 AM-5 Don Dahvee Creek Path Design/Engineering $ 65,000 $ 4,603,000 29 75 MV-12 Dry Creek Road Storm Drain Grate $ 35,000 $ 4,638,000 29 75 CW-23 Josselyn Canyon Radar Speed Signs $ 55,000 $ 4,693,000

RECOMMENDED CUT-OFF PROJECTS
Exhibit A-1
Council Regular Meeting, 9/20/2022, Item No. 13., Item Page 14, Packet Page 150

NEIGHBORHOOD AND COMMUNITY IMPROVEMENT PROGRAM (NCIP)
PRIORITIZED PROJECT LIST FY 2022-23

PROJECT DESCRIPTIONS
Rank VOTE
TOTAL

PROJECT
NO. PROJECT TITLE PROJECT DESCRIPTION
COST

ESTIMATE

RUNNING
TOTAL
1 123 CW-13
Accessible Beach
Mats
Install accessible beach mats from the soft sand to the water or hard packed sand at Wharf II and Del Monte
Beach.
$ 60,000 $ 60,000
2 117 DMB-1
Del Monte Beach
Walkway Repair
Repair selected sections of existing boardwalk at Del
Monte Beach. Replace damaged or missing boards in
the various beach boardwalks at Del Monte Beach.

Planks in the boardwalks have become rough and
uneven or are missing. This situation causes tripping
hazards as well as increased splinters for bare foot
beach-goers. These funds would allow the parks division to replace the most damaged boards, as well as to buildout the end of the walkway that was washed away during a storm several years ago near the West parking
lot at Beach and Tide.
$ 50,000 $ 110,000
3 109 CW-41
Capitol Site Fuel
Reduction and
Cleanup
Clean up downed trees, brush, tall grass to reduce fire danger, plus deep clean old campsites of waste and
residue.
$ 250,000 $ 360,000
4 108 DMG-3 Casanova Ave Radar
Speed Signs
Install radar speed signs on Casanova Ave between
Branner and Kolb. $ 50,000 $ 410,000
4 108 CW-17
Greenbelt Fuel
Reduction
Reduction of fuel loading for increased wildfire safety throughout the City. Work includes annual weed
eating, removal of woody debris, ladder fuel reduction, tree thinning/removal, mastication, and goat grazing
and improving forest health. City-wide; Alta Mesa,
Skyline, Old Town, Monterey Vista, Fisherman's Flats,
Josselyn Cyn. Proactive tree removal of trees that could pose a public safety risk.
$ 300,000 $ 710,000
6 107 AM-11
El Dorado Tree
Removal
The project could be phased: Phase 1 - remove the tree, Phase 2 - rout out the stump and replace sidewalk, curb and gutter.
$ 25,000 $ 735,000
7 104 SK-3 Upper Wyndemere
Log Drop Repair
Repair Upper Wyndemere log drops to eliminate
erosion and sedimentation in the creek. The project will stabilize the eroded areas before catastrophic failure
occurs to the log drop creek stabilization system. This project was originally funded in FY09 for design.
$ 675,000 $ 1,410,000
8 100 DT-25
Webster/Camino El
Estero Lighted
Crosswalk
Upgrade existing Camino El Estero crosswalk at Webster
Street with button-activated RRFBs. Curb extensions
may also be proposed.
$ 135,000 $ 1,545,000
8 100 CW-32-A
Sports Center Pool
Modernization -
Dehumidifier
Replacement
Improvements to the Natatorium: Dehumidifier
replacement $ 1,200,000 $ 2,745,000
10 97 DMG-7 Laguna Grande Park
Parking Lot Lighting
Install pedestrian scale (bollard) lighting along sidewalk and path areas in parking lot adjacent to Virgin and
Branner Ave. Signatures of property owners located
within 250 feet of the proposed lighting will be
submitted, indicating their acceptance of this project. $ 230,000 $ 2,975,000
11 96 COK-6
Casanova Oak Knoll
Park Play Structure
Add a play structure to the CONA playground, in the
blank area of playground. Playground is one of the most heavily used in the City. The present equipment needs
this piece for the older children.
$ 20,000 $ 2,995,000
Exhibit A-2
Council Regular Meeting, 9/20/2022, Item No. 13., Item Page 15, Packet Page 151

NEIGHBORHOOD AND COMMUNITY IMPROVEMENT PROGRAM (NCIP)
PRIORITIZED PROJECT LIST FY 2022-23

PROJECT DESCRIPTIONS
Rank VOTE
TOTAL

PROJECT
NO. PROJECT TITLE PROJECT DESCRIPTION
COST

ESTIMATE

RUNNING
TOTAL
11 96 OT-1 American Legion to
Harrison Walkway
American Legion to Harrison walkway, stairs
renovation/restoration. Remove and replace asphalt
walkway from the American Legion to the stairs up to
Harrison Street. Remove and replace failed asphalt
walkway areas from the American Legion to the stairs
up to harrision street. Repair wood stairs and railing, fill in DG path areas.
$ 88,000 $ 3,083,000
13 95 DMB-4
Del Monte
Beach/Tide Ave
Security Camera
Install traffic camera to capture vehicles entering or
leaving Del Monte Beach neighborhood.

City policy required on installation of security cameras in public areas prior to installation.
$ 40,000 $ 3,123,000
14 91 OG-2 OG Neighborhood
Sign at Mark Thomas
Traffic on Sloat avenue, despite efforts, continues
having cars zooming across. We feel that if they see a
sign identifying that they are entering a neighborhood
with families and this neighborhood also is next to NPS and we both are asking to drive carefully.
$ 15,000 $ 3,138,000
15 90 MV-16
Via Paraiso Park
Expression Swings
Install the Expression Swing in toddler, kid, or accessible format at Via Paraiso Park. There is room at the corner between the baby swings and the benches, near the tire
swing. The Expression Swing
(http://www.gametime.com/expression) is a tandem
swing that comes in different formats, all of which allow two swingers to face each other.
$ 30,000 $ 3,168,000
16 89 DT-16
Church Street Raised
Crosswalk
Install a raised crosswalk across Church Street on the
east side of the intersection with Figueroa St. $ 165,000 $ 3,333,000 16 89 CW-31
Dennis the Menace
Park Expression
Swings
Install the Expression Swing in both baby and accessible formats at Dennis the Menace Park. The Expression
Swing (http://www.gametime.com/expression) is a
tandem swing that comes in different formats: baby
swing facing regular swing; accessible swing facing
regular swing; or two regular swings facing each other. $ 25,000 $ 3,358,000
18 87 DT-14
Hartnell Crosswalk
Light
Install button activated rectangular rapid flashing
beacons (RRFBs) to the north crosswalk on Hartnell St at Webster St, in front of the Post Office.
$ 50,000 $ 3,408,000
19 86 NM-15
Devisadero 700 Block
Drainage Swale
Reconstruct drainage swale along the existing roadway
edge, staying within the current street improvement
widths.
$ 100,000 $ 3,508,000
19 86 NM-22
Prescott Ave 1740
Sidewalk
Remove existing decomposed granite (DG) sidewalk.

New mesa buff concrete sidewalk at back of (e) curb. $ 35,000 $ 3,543,000 19 86 CW-28 Library Parking Lot
Streetlight
Add a streetlight to power pole in front of the public
library parking lot, across from the fire station on Pacific Street. Signatures of property owners located within
250 feet of the new streetlight will be provided,
indicating their acceptance of the new streetlight at this location.
$ 10,000 $ 3,553,000
22 85 CW-42 Capitol Site Master
Plan
Create master plan for the 136-acre property. $ 75,000 $ 3,628,000 Exhibit A-2
Council Regular Meeting, 9/20/2022, Item No. 13., Item Page 16, Packet Page 152

NEIGHBORHOOD AND COMMUNITY IMPROVEMENT PROGRAM (NCIP)
PRIORITIZED PROJECT LIST FY 2022-23

PROJECT DESCRIPTIONS
Rank VOTE
TOTAL

PROJECT
NO. PROJECT TITLE PROJECT DESCRIPTION
COST

ESTIMATE

RUNNING
TOTAL
23 84 SK-9
Skyline Forest
Drive/Holman Hwy KRail
Repair spaulded concrete on the edge of the bridge krail (parapet) and resurface the k-rail to attain a uniform appearance with a graffiti resistant finish. The graffiti under the bridge also needs to be removed and
resurfaced.
$ 25,000 $ 3,653,000
24 82 CW-9 City Restroom Study
Provide a study of existing public restrooms to
determine where additional restrooms are needed, if
existing hours of operation are adequate, and total
maintenance costs.
$ 100,000 $ 3,753,000
25 81 OT-2 Larkin Park Swings
Installation
Install swings for older children. Conceptual MPUSD
approval received.

A final agreement with MPUSD will be required prior to
construction/installation.
$ 60,000 $ 3,813,000
26 79 VDM-8 Casa Verde/Hwy 1
Hardscape Murals
Hardscape slopes of underpass and partially onto the
collars of the on- ramps; commission mosaic tile artist to install murals on four existing concrete walls under NB/SB lanes; install 2 towers VDM neighborhood signs.
$ 675,000 $ 4,488,000
27 77 MV-17
Soledad Drive Traffic
Calming, Radar Speed
Signs
Install speed radar signs on Soledad Ave between
Soledad Place and Via Descanso. Signatures of the
property owners affected by this project will be
provided, indicating their acceptance of the project.
$ 50,000 $ 4,538,000
28 76 AM-5
Don Dahvee Creek
Path
Design/Engineering
A naturalistic walkway along the creek bed through Don
Dahvee Park cost is for design and studies (biological
hydraulic, archeological) to segment future pathway
improvements.
$ 65,000 $ 4,603,000
29 75 MV-12 Dry Creek Road Storm
Drain Grate
Upgrade storm drain grate to the north side of driveway at 751 Dry Creek. $ 35,000 $ 4,638,000
29 75 CW-23 Josselyn Canyon
Radar Speed Signs
Install 2 radar speed signs along Josselyn Canyon road:
one on westbound direction near entry to deer flats and second on eastbound at boundary of Deer Flats Park. $ 55,000 $ 4,693,000 31 74 DMG-4
Casanova Ave
Sidewalk
Install a concrete sidewalk along the northeast side of Casanova Avenue, between Toyon Av and Sequoia Av.

This project will require upgrading the three existing
accessible ramps at the Sequoia Av intersection, and
potentially the two existing ramps at the Toyon Av
intersection.
$ 260,000 $ 4,953,000
31 74 MV-21
Via Paraiso Tennis
Court Striping
Remove non-tennis court lines from one of the two
tennis courts. Provide neighborhood tennis players
unrestricted and full-time access to a dedicated tennis court.

Results of 2022 arbitration agreement pilot program
needed prior to performing this work.
$ 20,000 $ 4,973,000
33 73 OG-1
La Playa and Park Ave
Ped/Bike Crossing
Improvements
Raised trail crossing, signage and striping.
$ 240,000 $ 5,213,000
34 68 MV-11
El Caminito Del Norte
Streetlight
Install overhead streetlight on existing joint power pole.

If not already submitted, signatures of property owners located within 250 feet of the new streetlight will be
provided, indicating their acceptance of the new
streetlight at this location.
$ 10,000 $ 5,223,000
Exhibit A-2
Council Regular Meeting, 9/20/2022, Item No. 13., Item Page 17, Packet Page 153

NEIGHBORHOOD AND COMMUNITY IMPROVEMENT PROGRAM (NCIP)
PRIORITIZED PROJECT LIST FY 2022-23

PROJECT DESCRIPTIONS
Rank VOTE
TOTAL

PROJECT
NO. PROJECT TITLE PROJECT DESCRIPTION
COST

ESTIMATE

RUNNING
TOTAL
34 68 CW-25
Great Blue Heron
Sculpture Restoration
The outdoor sculpture, "Taking Flight - Great Blue
Heron, will be reinstalled on a secure foundation so that it can be viewed and enjoyed.
$ 145,000 $ 5,368,000
36 67 DF-3
Deer Flats Park Bench
Renovation
Reinstall the existing park benches along Deer Forest Dr to face TOWARD the park and remove the existing chain
link fence between the benches and the field. Install
new fence along the back of the sidewalk, with an
opening for pedestrian access.
$ 25,000 $ 5,393,000
36 67 NM-24 David Ave LED Stop
Signs
Install two stop signs with solar powered blinking red
LED lights, one each on the David Avenue legs of the
David Avenue/Pine Street intersection.
$ 80,000 $ 5,473,000
36 67 OT-5
Old Town
Neighborhood Signs
Signs to designate neighborhood area will have simple
metal signs to let people know they are entering a
neighborhood.
$ 30,000 $ 5,503,000
39 64 NM-35
Aeneas Bridge
Restoration -
Deferred
Maintenance
Restoration of Aeneas Bridge in accordance with
historical/structural report recommendations
completed in separate NCIP project. $ 60,000 $ 5,563,000 40 61 FF-3
Via Marettimo
Streetlight
Install a streetlight on the existing utility pole located at the Via Marettimo cul de sac. Signatures of property
owners within 250 feet of the proposed light will be
provided, indicating their acceptance of this project.
$ 10,000 $ 5,573,000
40 61 CW-16 Tree Inventory
Funding will allow for data collection to conduct a new tree inventory. Information on tree location, species,
health and potential planting locations will be collected $ 150,000 $ 5,723,000 42 60 NM-23
Oak St 500 Block
Widening Phase 1
Remove existing sidewalk, curb, and gutter. New curb,
gutter, and concrete sidewalk at 36 feet wide curb to
curb. Paving as necessary. Curb ramps at corners.

Meandering sidewalk in park (note: 50% funding
request).
$ 410,000 $ 6,133,000
43 59 VDM-1
Villa Del Monte Radar
Speed Signs
These are radar signs that will give feedback to
motorists as they travel through the neighborhood.

These signs can be programmed as well as give
messages to motorists whom are over the limit posted
for this neighborhood.
$ 50,000 $ 6,183,000
43 59 CW-62 Veterans Park Repairs
Expand existing basketball court from 23x25 to a full
half court (42x42 ft), add approximately 90 ft of split rail fence and a bench.
$ 83,000 $ 6,266,000
45 58 COK-4 Fairground Rd /
Airport Rd Lighting
Installation of led, possibly solar, lighting along the perimeter of the Fairground Road fence line on existing utility poles. Signatures of property owners located
within 250 feet of each proposed streetlight will be
submitted, indicating their acceptance of this project. $ 60,000 $ 6,326,000
45 58 COK-5
Casanova Oak Knoll
Park Improvements
One additional picnic table umbrella, rectangular shade, preschool bench, and a modern architectural metal
fence.
$ 75,000 $ 6,401,000
Exhibit A-2
Council Regular Meeting, 9/20/2022, Item No. 13., Item Page 18, Packet Page 154

NEIGHBORHOOD AND COMMUNITY IMPROVEMENT PROGRAM (NCIP)
PRIORITIZED PROJECT LIST FY 2022-23

PROJECT DESCRIPTIONS
Rank VOTE
TOTAL

PROJECT
NO. PROJECT TITLE PROJECT DESCRIPTION
COST

ESTIMATE

RUNNING
TOTAL
45 58 CW-5 Public Art Security
Plan Ph1
Prepare in-depth security plan for protection and
security of City art work displayed publicly, plus
implement Phase 1 (for high value items). Install at least two video surveillance systems in two historic locations.

City policy required on installation of security cameras in public areas prior to installation.
$ 85,000 $ 6,486,000
48 57 OG-3
Sloat and Del Monte
Bike Infrastructure
and Traffic Safety
Study and Design to improve the bike route connection
from Sloat Ave to Recreation Trail at Del Monte Ave
intersection.
$ 200,000 $ 6,686,000
49 56 VDM-10 Ramona Ave Highway
Screening
Installation of some screening materials (i.e. fencing, trees, bushes) at the end of the 300 block of Ramona
Ave where it is adjacent to Highway 1.
$ 65,000 $ 6,751,000
Exhibit A-2
Council Regular Meeting, 9/20/2022, Item No. 13., Item Page 19, Packet Page 155 Council
Agenda Report
FROM: Hans Uslar, City Manager
Prepared by: Nat Rojanasathira, Assistant City Manager
SUBJECT: 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)
RECOMMENDATION:

That the City Council adopt a resolution supporting the principles of “Mutually Monterey: A Unified Governance Framework.”
VALUE DRIVERS:

POLICY IMPLICATIONS:

Adopting the principles of “Mutually Monterey: A Unified Governance Framework” can be a helpful guide for the City Council in its transition to district-based elections. Furthermore, adoption of a unified governance framework would help support elements of effective city councils, as acknowledged by the Institute for Local Government (ILG): unity of purpose; positive governance culture; clear roles and responsibilities; and norms, protocols, and policies.

FISCAL IMPLICATIONS:

None.

ENVIRONMENTAL DETERMINATION:

Date: 9/20/2022
Item No.: 14.

Council Regular Meeting, 9/20/2022, Item No. 14., Item Page 1, Packet Page 156 ALTERNATIVES CONSIDERED:

The City Council could choose not to adopt this resolution, however, this is not recommended.

DISCUSSION:

This Special Meeting is part two of a discussion with the City Council about potential governance principles and practices as a direct result of the most recent switch from at-large elections to district-based elections. The City Council held its initial discussion about a governance model framework called “Mutually Monterey” at its Study Session on July 27, 2022.

Staff incorporated feedback from the City Council and community members from the July 27th meeting and are recommending that City Council adopt this resolution at its meeting on September 20, 2022. The intent is for this resolution to be reviewed and revisited as needed with future City Councils.

Monterey’s Transition to District-based Elections for Electoral Purposes On February 15, 2022, the Monterey City Council adopted an ordinance converting the City of Monterey's City Council elections process from an at-large system to a district-based election system. The transition begins with Councilmembers for Districts 1 and 2 to be elected for the first time in the City’s history in November 2022, and Councilmembers for Districts 3 and 4 to be elected in November 2024. The Mayor would continue to be elected on an at-large basis.

Between November 2021 and February 2022, when the City Council considered transitioning to district-based elections, policymakers and community members alike expressed concern about the City becoming divided as a result of “district-based thinking.” Cities that shift from at-large system to district-based system can greatly benefit from discussing a unified governance framework. Without a unified governance framework, cities may experience a more divided community, fractured councils, and a community that is seen from a limited lens that is based on districts and not as one.

Best Practices Among Cities Transitioning to District-based Elections According to the League of California Cities (Cal Cities), the California Voting Rights Act (CVRA) has had a profound impact on local governance because it has driven cities like Monterey to transition to district-based elections. Cal Cities reports that during these transitions, it is common for formerly at-large Councilmembers to not radically change their behavior.

However, big culture shifts in governance occur when new Councilmembers are elected who have never won an at-large seat.

The four core elements of effective city councils, according to the Institute for Local Government (ILG) are:

1. Unity of Purpose

2. Positive Governance Culture

3. Clear Roles and Responsibilities

4. Norms, Protocols and Policies
Council Regular Meeting, 9/20/2022, Item No. 14., Item Page 2, Packet Page 157 As stated during the July 27, 2022 City Council Study Session, a process recommended by ILG is for cities to work through the impacts of at-large to district-based elections, develop a unified vision of governance, discuss existing and potential governance norms, and review/discuss potential policy impacts.

Feedback from the City Council during the July 27, 2022 in response to key questions included:
 Big picture: Is “election by district” the same as “governing by district”? How do you maximize the opportunities and minimize the risks?
 Councilmembers noted that revisiting the shared vision and goal, as well as City Staff Work Plan priorities, can help the legislative body focus on Citywide priorities.
 Monterey is comprised of many different communities of interest, and feedback from neighborhood associations will continue to be important, as will business associations and other groups.
 In reality, citizens will be electing councilmembers by district and will expect their City government and elected officials to be responsive.  The City must continue to be inclusive by listening to the needs of residents’ diverse thoughts and perspectives.
 City Council may want to consider shifts on how Boards and Commissions are appointed to ensure geographic diversity.
 What's required: What is required to change under district elections?  The process by which councilmembers in Districts 1, 2, 3, and 4 are elected.  A potential pull toward district-based priorities: What can be done to assure that decisions are made based on what is best for the City as a whole? What will help maintain a citywide perspective?
 Onboarding and early team-building with new elected officials may help reemphasize community-wide needs as part of the organizational culture.  Allocating time with key members of City staff on priorities.  A fair and inclusive process: What happens when a constituent from someone else’s district reaches out to you? What would be the best way to address specific concerns of a district’s constituents? How and when should items be raised to the entire council to ensure awareness of issues that may have citywide impacts?  Continue mutual respect among councilmembers.
 The City should continue to provide responsive services to constituents, working with the Mayor and City Manager to address issues first, with councilmembers informed as appropriate.
 Council recognized that residents have the right to reach out to any councilmember based on topics and issues, not necessarily based on district.  It can be difficult to identify what is topic-specific and what has neighborhood impacts, as all Council decisions have Citywide impacts.  Delivering critical services with finite resources: What factors and principles have made Monterey successful in the first place?
 Working with revenue-generating partners such as hospitality and business.  Supporting core services including public safety, parks, recreation, and more.

Council Regular Meeting, 9/20/2022, Item No. 14., Item Page 3, Packet Page 158  In the future, Council may want to more closely look at discretionary funding with the Neighborhood and Community Improvement Program (NCIP) and if/how the City is equitable in the distribution of resources.
 Constituent expectations: What might residents expect from the new way of electing councilmembers?
 Citizens may default to the councilmember from their district first.  The City may need to help educate the public on how the City Council works together and “what is good for the City.”
 Councilmembers should remain informed about neighborhood meetings.  Open dialogue and communication about district-based elections can be promoted on Have Your Say Monterey.
 Teamwork: How can the Council continue to work as a cohesive team through this transition?
 Continue to be collegial, review goals and outcomes for the City, and refrain from being territorial.
 Remember the City’s form of governance as a Council-Manager form of government, with each councilmember having an equal vote.  Team-building activities for the new City Council.
 Guidelines for board interactions, ethical behavior.
“Mutually Monterey”: A Unified Governance Framework
While the intent of CVRA is to provide better representations of candidates favored by minorities, another outcome of the City’s shift to district-based elections is that the City Council will become geographically diverse, with representation from various neighborhoods of the City.

Staff believes that the City Council’s goal is for each Councilmember to make decisions with the City’s best interests as a whole as their primary focus while remaining inclusive by listening to the needs of residents’ diverse thoughts and perspectives. “Mutually Monterey” is that unified governance framework for the current City Council to consider, and for future City Councils to revisit.

This framework is being branded “Mutually Monterey,” since it reflects the foundation that as a community, we are mutually respectful of one another, mutually collaborative, and look for mutually beneficial solutions to community challenges. “Mutually Monterey” means that we support diversity, equity, and inclusiveness and that the City Council and staff work together, not in silos.

At its Study Session on July 27, 2022, staff received feedback from the City Council, as well as the community, on the proposed core principles of the “Mutually Monterey” framework for the City Council to consider. City Councilmembers agreed with most of the core principles of the framework. Some community members provided helpful feedback that the framework is being brought forward may be fear-based or afraid of change. The purpose of the framework is to seek clarity on what ILG describes are elements of effective city councils: unity of purpose; positive governance culture; clear roles and responsibilities; and norms, protocols, and policies.

The intent is to be inclusive as well as ensure transparency and trust among all neighborhoods and communities of interest in the City of Monterey.

Council Regular Meeting, 9/20/2022, Item No. 14., Item Page 4, Packet Page 159 City staff is recommending the following changes (tracked changes shown with strikethrough text and new text underlined) to the initially proposed principles of the “Mutually Monterey” framework for the City Council to consider:
 Reaffirming that the City Council is committed to working mutually and collaboratively under the Council-Manager form of government and governing as a body that represents the interests of the City as a whole by being inclusive and taking into consideration feedback from all communities of interest.
 Recognizing that a Councilmember election district is not a political subdivision, and that while Councilmembers are elected by district, the Mayor and Councilmembers take an oath to represent the entire City of Monterey and its citizens. The Mayor and City Councilmembers are committed to making decisions that are in the interests of the entire community, hearing from residents with diverse viewpoints across the City, and giving equal consideration to issues and people inside and outside councilmember election districts.
 Understanding that democracy means that members of the City Council may not always agree on issues, but are committed to respecting one another, respecting members of the community, and engaging in healthy debate.
 Respecting that once a decision is made by the City Council, all members of the City Council and staff will work to support maintain civility regarding that decision, regardless of whether or not one initially supported that decision, because we are all committed to a positive outcome for the City.
 Committing to continue to fully engage regarding every issue before the City Council, regardless of which district(s) may be most directly impacted by the issue. This includes hearing all stakeholders, without regard to which District they might reside.  Agreeing that decisions regarding resources of the City government, both financial and personnel, will continue to be based on the needs of all residents in the City of Monterey, and not simply divided by Districts. City resources will not be used to conduct meetings or similar activities for self-promotion only in a councilmember’s election district, as that would not unite our community.
 Continuing to raise issues and concerns using the established process with the City Manager, or the process to request for an item to be added to a City Council agenda.

Council members will continue to work through the City Manager or City Attorney, rather than consult other staff.
 Representing all neighborhoods in Monterey, and continuing to work mutually as a City Council, to represent the greater good.

Next Steps
Staff recommends that the City Council adopt this resolution at its meeting on September 20, 2022.

The City Council may also choose to discuss unified governance at a future Study Session or City Council Workshop, or table the item and discuss this matter further in early 2023 when one or more new members become part of the City Council.

Council Regular Meeting, 9/20/2022, Item No. 14., Item Page 5, Packet Page 160 Attachment: 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, 9/20/2022, Item No. 14., Item Page 6, Packet Page 161 RESOLUTION NO. __- ___ C.S.

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

SUPPORTING THE PRINCIPLES OF
“MUTUALLY MONTEREY: A UNIFIED GOVERNANCE FRAMEWORK”
WHEREAS, the City Council reaffirms its commitment to working mutually and collaboratively under the Council-Manager form of government and governing as a body that represents the interests of the City as a whole by being inclusive and taking into consideration feedback from all communities of interest;
WHEREAS, the City Council recognizes that while Councilmembers are elected by district, the Mayor and Councilmembers take an oath to represent the entire City of Monterey and its citizens. The Mayor and City Councilmembers are committed to making decisions that are in the interests of the entire community, hearing from residents with diverse viewpoints across the City, and giving equal consideration to issues and people inside and outside councilmember election districts;
WHEREAS, the City Council understands that democracy means that members of the City Council may not always agree on issues, but are committed to respecting one another, respecting members of the community, and engaging in healthy debate; WHEREAS, the City Council respects that once a decision is made by the City Council, all members of the City Council and staff will maintain civility regarding that decision, regardless of whether or not one initially supported that decision, because we are all committed to a positive outcome for the City;
WHEREAS, the City Council is committed to continuing to fully engage regarding every issue before the City Council, regardless of which district(s) may be most directly impacted by the issue. This includes hearing all stakeholders, without regard to which District they might reside;
WHEREAS, the City Council agrees that decisions regarding resources of the City government, both financial and personnel, will continue to be based on the needs of all residents in the City of Monterey, and not simply divided by Districts; WHEREAS, the City Council will continue to raise issues and concerns using the established process with the City Manager, or the process to request for an item to be added to a City Council agenda. Council members will continue to work through the City Manager or City Attorney, rather than consult other staff;
WHEREAS, the City Council believes in representing all neighborhoods in Monterey, and continuing to work mutually as a City Council, to represent the greater good; 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 Council Regular Meeting, 9/20/2022, Item No. 14., Item Page 7, Packet Page 162 2 significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it supports the foregoing principles of “Mutually Monterey: A Unified Governance Framework.”
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, 9/20/2022, Item No. 14., Item Page 8, Packet Page 163

Monterey City CouncilSeptember 20, 2022

Monterey City Council
September 20, 2022