Agenda packet — Monterey City Council, October 4, 2022

Council Chamber, 580 Pacific
St., and Zoom Teleconference
Monterey, California
City Council Agenda
Council Regular Meeting
Tuesday, October 4, 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

PRESENTATIONS

1. Recognize City Employees for Milestone Anniversaries and Retirements for 3rd Quarter 2022 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
10/4/2022 4:00:00 PM
2 PUBLIC COMMENTS
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: 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

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

3. Award a Construction Contract in the Amount of $254,705 to Southwest Pipeline and Trenchless Corp. for the OMC-Repair Stormdrain Pipe at General Jim Moore/Gigling Project (POM 21-039) ***PMSA*** (Categorically Excluded from NEPA 32 CFR, Part 651, Section II(e)(2) and II(g )(1))
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."

4. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period October 7, 2022 through November 3, 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)

5. Adopt Recommended Capital Improvement Program (CIP) Projects for Fiscal Year 2022/23 (Exempt from CEQA per Article 19, Section 15301, 15302, 15306, Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061 or Initial Study Mitigated Negative Declaration Previously Prepared and Certified)

6. Amend Resolution 22-109 Approving the 4th Amendment to the Agreement with Community Human Services Increasing the Grant of Community Development Block Grant Funds by $155,000 for Building Rehabilitation and Repair of the Safe Place Youth Homeless Shelter (Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 19, Section 15301, Class1)
10/4/2022 4:00:00 PM
3 Other

7. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 601 Wave Street, Suite 400; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties:

Mark Hastings (Monterey General Store/American Country Classics); Under Negotiation: Price and Terms of Payment for Lease Amendment (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)

8. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 30 Fisherman’s Wharf; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mark Gilbert (Mark Gilbert Enterprises, Inc.) and Michael Ungaro (San Pedro Fish Market Company, LLC); Under Negotiation: Price and Terms of Payment for New Lease (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
*** End of Consent Agenda ***
Adjourn to Ocean View Community Services District Meeting: Consent Agenda This is a separate legal body of the City that oversees the operations of the Ocean View Community Services District desalinization plant. 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 CSD Board Member may request that an item be placed on the regular agenda for further discussion.

9. Receive Ocean View Community Services District Quarterly Report (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Adjourn to City Council Meeting

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.

10. Consider Union Request to Reclassify a Street Maintenance Worker Position as a Greenbelt Coordinator (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

11. 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). Continued from September 20, 2022.
*** 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.
10/4/2022 4:00:00 PM
4 RECONVENE
*** Evening Session Agenda ***
7:00 - 11:00 p.m.

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

PLEDGE OF ALLEGIANCE

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

PRESENTATIONS (EVE)

12. Receive Presentations from Mark Gilbert Enterprises and San Pedro Fish Market on Proposals Submitted to Lease the Property Located at 30 Fisherman's Wharf (Not a Project Under CEQA per 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.
*** Adjourn to Closed Session (See additional agenda) ***

ADJOURNMENT
Members of the public have the right to address the City Council on any item on the Agenda, before or during its consideration [G.C. §54954.3(a)]. The Mayor will formally open the floor for public comment on items such as "Public Appearance" and "Public Hearings." Writings distributed for discussion or consideration on these matters within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, are available at: monterey.org/submitted-comments and in the City Manager’s Office at 580 Pacific St., Room 1, Monterey, CA 93940 during regular business hours. 10/4/2022 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 Council
Agenda Report
FROM: Hans Uslar, City Manager
Prepared by: Ashley Sanks, Administrative Clerk
SUBJECT: Recognize City Employees for Milestone Anniversaries and Retirements for 3rd Quarter 2022 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council recognizes City employees for their milestone anniversaries and retirements for the third quarter of 2022.

VALUE DRIVER:

Recognizing City employees supports the value driver to “provide sufficient resources and support to develop, retain, and recruit a high-quality city workforce.” POLICY IMPLICATIONS:

Recognizing employees of the City at City Council meetings is consistent with City policy.

FISCAL IMPLICATIONS:

All funding associated with recognizing City employees for their milestone anniversaries and retirements has been budgeted as part of the FY 2022/23 budget.

ENVIRONMENTAL DETERMINATION:

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

Date: 10/4/2022
Item No.: 1.

Council Regular Meeting, 10/4/2022, Item No. 1., Item Page 1, Packet Page 6 DISCUSSION:

The City of Monterey is fortunate to have many retirees and staff who are career employees and have served the community for decades. The Mayor and City Council will recognize City employees who have retired with 20 years of service or greater, in addition to employees who have reached their work anniversary with 20, 25, 30, or 35 years of service.

Milestone Anniversaries in 2022 3rd Quarter:
 Lauri Ataide, Fitness Supervisor, Parks & Recreation Dept. – 25 years of service  Vicki Courtney, Accounting Specialist, Finance Dept. – 25 years of service  Peniamina (Ben) Ierome, Facility Attendant, Conference Center – 25 years of service  William Perkins, Captain, Fire Dept. – 35 years of service  Jeff Ray, Senior Public Works Inspector, Public Works Dept. – 20 years of service  Mickey Roohbakshsh, Sergeant, Police Dept. – 30 years of service Retirements in 2022 3rd Quarter:
 Aaron Delgado, Sergeant, Police Dept.

Retired on August 3, 2022, with 28.6 years of service
The staff members listed above will be recognized by their department heads at the Monterey City Council meeting on October 4, 2022. Not all staff members may be able to attend the meeting.

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF MONTEREY
Tuesday, September 20, 2022
4:00 PM 7:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST., AND ZOOM TELECONFERENCE

MONTEREY, CALIFORNIA
Councilmembers

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

Absent: None
* Attended remotely by teleconference for evening session ** Attended remotely by teleconference for afternoon and evening sessions
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Community Development Director, Police Chief, Parks and Recreation Director, Finance Director, Library & Museums Director, Traffic Engineer, City Clerk, Assistant Director of Information Resources, Environmental Regulations Manager, Acting City Engineer
This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act, Calif. Government Code section 54953(e)(1)(C) and Resolution No. 22-114 C.S.
***Afternoon Session Agenda ***

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

PLEDGE OF ALLEGIANCE
Mayor Roberson led the Pledge.

PUBLIC COMMENTS
Public comment on non-agendized matters was received from Steve Lightfoot.

CONSENT ITEMS
On question, Interim Public Works Director Renny verbally provided Council with a short explanation relating to the background of Item 4. On question, City Manager Uslar provided context relating to Item 6 and committed to providing updates on affordable housing predevelopment.

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

AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
Date: 10/4/2022
Item No.: 2.

Council Regular Meeting, 10/4/2022, Item No. 2., Item Page 1, Packet Page 8 City Council Minutes September 20, 2022
2 ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Approval of Minutes

1. September 6, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)
Action: Approved
Resolutions

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) Action: Adopted Resolution No. 22-122 C.S.

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)))
Action: Adopted Resolution No. 22-123 C.S.

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)
Action: Adopted Resolution No. 22-124 C.S.

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) Action: Adopted Resolution No. 22-125 C.S.

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) Action: Adopted Resolution No. 22-126 C.S.

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) Action: Adopted Resolution No. 22-127 C.S.

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) Action: Adopted Resolution No. 22-128 C.S.

Council Regular Meeting, 10/4/2022, Item No. 2., Item Page 2, Packet Page 9 City Council Minutes September 20, 2022
3 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)
Action: Appointed Janie Barnard Silveria to the Board of Library Trustees for a term ending June 30, 2026
*** End of Consent Agenda ***

PUBLIC HEARING

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) Action: Adopted Resolution No. 22-129 C.S.

Housing Analyst Leonard gave the staff presentation.

Public comment was received from Tammy Jennings, who asked for clarification about additional CARES funds. On question, Housing Analyst Leonard stated that the $105,000 in additional funds came from the CARES Act as a reallocation of funding from cities that were not able to spend their initial allocations.

On a motion by Councilmember Williamson, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 22-129 C.S.:

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

PUBLIC APPEARANCE

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)
Action: Adopted Resolution No. 22-130 C.S.

Finance Director King gave the staff presentation and answered Councilmembers' questions.

Public comment was not received.

It was stated by the Council that being cautious with the reserve helps fulfill promises to the community, and that Council can revisit the subject at mid-year. The hope was expressed that City revenues will normalize in order to bring back programs.

Council Regular Meeting, 10/4/2022, Item No. 2., Item Page 3, Packet Page 10 City Council Minutes September 20, 2022
4 On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 22- 130 C.S.:

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

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)
Action: Continued to October 4, 2022
On a motion by Mayor Roberson, seconded by Councilmember Williamson, and carried by the following vote, which was conducted by roll call, the City Council continued the matter to October 4, 2022:

AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
*** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed session at 4:34 p.m.

RECESS

RECONVENE
The Council reconvened at 7:02 p.m. with the full Council in attendance as highlighted above.

CONTINUED PUBLIC COMMENTS
Public comment on non-agendized matters was received from Luis Osorio, Curt Tipton, Esther Malkin, Nina Beety, Tom Rowley, and Libby Downey.

ANNOUNCEMENTS FROM CLOSED SESSION
City Clerk Klein announced:
cs1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): Bonnie Gawf v. City of Monterey (Monterey County Superior Court Case No. 20CV003232)
Action: No reportable action taken
Council Regular Meeting, 10/4/2022, Item No. 2., Item Page 4, Packet Page 11 City Council Minutes September 20, 2022
5 PUBLIC APPEARANCE (EVE)

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)
Action: Adopted Resolution No. 22-131 C.S. as amended to reflect approval of project MV-17 (4-0-1 vote, Councilmember Haffa recused), a 10% contingency (unanimous vote), and approval of project VDM-8 subject to agreement with CalTrans, and with the art and art installation components of VDM-8 removed for this project year, to come back for consideration in a future NCIP year allocation and deliberation by NCIP (unanimous vote) Acting City Engineer Harty gave the staff presentation and answered Councilmembers' questions. Rick Heuer, Neighborhood and Community Improvement Program (NCIP) Committee Spokesperson, spoke about the contingency needed for the projects that can realistically be built this year and stated that each project already includes a built-in contingency of 10%.

Public comment was received from: April Harrison, who said that there would be a discussion with the school district regarding the Larkin Park swings installation project; Kala Fossum, who spoke in favor of the Casa Verde/Highway 1 Hardscape Murals project and said that if needed, the art portions of the proposal could be deferred; John Sovereign, who compared the focus on NCIP with that on the Capital Improvement Program (CIP) and spoke in favor of supporting the NCIP Committee's recommendation on contingency; Tom Rowley, who said that radar speed signs are needed for safety and agreed with the 10% contingency recommendation; Esther Malkin, who praised the NCIP Committee for their hard work and support of safety initiatives; Tammy Jennings, who spoke about her beach mats proposal and questioned the quoted annual maintenance cost; and Curt Tipton, who thanked Rick Heuer and Acting City Engineer Harty for their efficient leadership of the NCIP Committee process this year.

On question from the public, it was stated by Council that more attention is paid to the NCIP because it involves individual projects which require scrutiny, and that the approval of CIP expenditures is at this time a budget allocation, not a project approval.

City Attorney Davi explained that there were no 500 ft. radius conflict of interest issues except for project MV-17 (Soledad Drive Traffic Calming, Radar Speed Signs), which she said was a conflict for Councilmember Haffa and that he would therefore not participate in voting on that project. She said that there were a few projects within a 1,000 sq. ft. radius of Councilmembers' properties, and stated that identified Councilmembers would self-determine whether the projects would affect matters such as development potential, income producing potential, highest and best use, traffic levels, and intensity of use. She listed these 1,000 sq. ft. radius projects as: OT-2 (Larkin Park Swings Installation) for Councilmember Williamson's consideration, and MV-16 (Via Paraiso Park Expression Swings) and MV-21 (Via Paraiso Tennis Court Striping) for Councilmember Albert's consideration. Councilmember Haffa stated that he would not vote on project MV-17 due to the conflict of interest.

Regarding project VDM-8 (Casa Verde/Hwy 1 Hardscape Murals), the Council stated that more analysis was needed, including a commitment from or agreement with CalTrans, before Council would consider the item. It was suggested to explore alternatives to ceramic tiles, and to pursue grant funding. It was stated that accepting Ms. Fossum's offer to postpone the artwork to a future program year would reduce the cost in this program year. It was proposed that the Council could allocate the funding for the project and see what agreement can be made with CalTrans.

Council Regular Meeting, 10/4/2022, Item No. 2., Item Page 5, Packet Page 12 City Council Minutes September 20, 2022
6 Regarding contingency, support was expressed for 10% contingency due to the explanation received from Mr. Heuer that each project already includes a project-specific 10% contingency.

It was stated by Council that 20% contingency may be overly cautious but 10% may be too low, and 15% was discussed as a compromise.

Regarding the Old Capitol Site, it was stressed that fuel cleanup and removal of debris are important.

On a motion by Councilmember Williamson, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council approved MV-17:

AYES: 4 COUNCILMEMBERS: Albert, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 1 COUNCILMEMBERS: Haffa
A motion was introduced by Councilmember Williamson, and seconded by Councilmember Smith, to approve a 15% contingency.

A friendly amendment from Councilmember Smith was proposed, to direct staff to bring the VDM-8 project back to City Council with additional information on CalTrans’ participation.

The 15% contingency motion did not pass due to the success of the substitute motion.

A substitute motion was made by Councilmember Williamson, and seconded by Councilmember Haffa, to approve a 10% contingency.

Councilmember Albert stated that he did not find project MV-21 to pose any conflicts as previously described by City Attorney Davi.

The substitute motion passed 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)
On a motion by Councilmember Haffa, seconded by Mayor Roberson, and carried by the following roll-call vote, the City Council approved the funding of the NCIP projects with 10% contingency and approved project VDM-8 subject to agreement with CalTrans, and with the art and art installation components of VDM-8 removed for this project year, to come back for consideration in a future NCIP year allocation and deliberation by NCIP:

Council Regular Meeting, 10/4/2022, Item No. 2., Item Page 6, Packet Page 13 City Council Minutes September 20, 2022
7 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)
Action: Adopted Resolution No. 22-132 C.S. as amended to remove the word "stakeholders"
Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions.

The Council agreed on consensus that "all stakeholders" should be changed to "all." Public comment was received from Tom Rowley, who suggested that the matter be delayed until after the new Council is sworn in, and Esther Malkin, who spoke about the need for candidates who can represent renters.

It was stated by Council that the new Council can bring this issue back and customize it in the future if desired.

On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution 22-132 C.S. as amended to remove the word "stakeholders":

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 Williamson highlighted National Voter Registration Day and urged people to register to vote.

Councilmember Haffa said that he has observed a lot of fuel reduction at the Old Capitol Site and is glad to see it is being made safer.

Councilmember Albert made no comment.

Councilmember Smith said that Wharf merchants are very concerned that the Coastal Commission has deemed that COVID-19 is no longer a threat and outdoor seating at the Wharf is no longer needed, and that outside permits for seating and chairs will be required.

Mayor Roberson reported on recent activities and decisions of the Monterey Peninsula Regional Water District.

CITY MANAGER REPORTS
City Manager Uslar added information about the National Voter Registration Day, sharing that 16 and 17 year olds can pre-register to vote. He announced the upcoming California Constitution Reenactment event in Colton Hall on October 16, 2022. He notified all of the upcoming Monterey Sports Center survey deadline.

ADJOURNMENT
Council Regular Meeting, 10/4/2022, Item No. 2., Item Page 7, Packet Page 14 City Council Minutes September 20, 2022
8 The Council adjourned at 10:14 pm
Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
City Clerk Mayor
Council Regular Meeting, 10/4/2022, Item No. 2., Item Page 8, Packet Page 15 Council
Agenda Report
№08/22
FROM: Andrea Renny, PE, PTOE, Interim Public Works Director Prepared By: Richard Llantero, PE, Senior Engineer
SUBJECT: Award a Construction Contract in the Amount of $254,705 to Southwest Pipeline and Trenchless Corp. for the OMC-Repair Stormdrain Pipe at General Jim Moore/Gigling Project (POM 21-039) ***PMSA*** (Categorically Excluded from NEPA 32 CFR, Part 651, Section II(e)(2) and II(g )(1))
RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Approving the plans and specifications for the OMC-Repair Stormdrain Pipe at General Jim Moore/Gigling Project (POM 21-039), and granting the Interim Public Works Director, or her designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Accepting all responsive, responsible bids;

3. Rejecting all non-responsive bids;

4. Awarding a construction contract to the lowest responsive, responsible bidder Southwest Pipeline and Trenchless Corp., in the amount of $254,705 for the total base bid, plus Additive Alternate 1;

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

6. Authorizing staff to expend up to an additional 15% for unforeseen construction contingencies for timely completion of the project.

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.

Date: 10/4/2022
Item No.: 3.

Council Regular Meeting, 10/4/2022, Item No. 3., Item Page 1, Packet Page 16 FISCAL IMPLICATIONS:

On September 6, 2022, the Finance Department received and opened bids as follows:

Bidde Base Bid Additive Alternate 1 Grand Total Bid
Southwest Pipeline and
Trenchless Corp.
$221,750 $32,955 $254,705
Monterey Peninsula
Engineering
$260,00 $74,200 $334,200
Sancon Technologies,
Inc.

Non-Responsive Non-Responsive Non-Responsive
Note: The project expenditures listed below follow staff recommendation to award the Base Bid and Additive Alternate 1 for a Total Bid amount of $254,705 Estimated Construction Cost:

Lowest Base Bid (Base Bid + Additive Alternate 1) $254,705.00 Construction Contingency (15%) $ 38,205.75
Total Construction Cost (This Authorization) $292,910.75 Construction Management (City Staff & Indirect Cost) $ 29,300.00 Total Estimated Cost to Complete the Project $322,210.75 Funding Available:

OMC-Repair Stormdrain Pipe at General Jim Moore/Gigling Project (POM 21-039) has $405,387.64 as of September 6, 2022. Sufficient IJO funding is available in the project account for the construction of the Total Base Bid and Additive Alternate 1. Execution of this project is fully funded by the Department of the U.S. Army through the IGSA.

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 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:

II(e)(2) Acquisition, installation, and operation of utility and communication systems, mobile antennas, data processing cable and similar electronic equipment that use existing right-of-way, easement, distribution systems, and/or facilities (REC required), and II(g )(1) Routine repair and maintenance of buildings, airfields, grounds, equipment, and other facilities. Examples include, but are not limited to: Removal and disposal of asbestos-containing Council Regular Meeting, 10/4/2022, Item No. 3., Item Page 2, Packet Page 17 material (for example, roof material and floor tile) or lead-based paint in accordance with applicable regulations; removal of dead, diseased, or damaged trees; and repair of roofs, doors, windows, or fixtures (REC required for removal and disposal of ACM and LBP or work on historic structures).

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

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

ALTERNATIVES CONSIDERED:

Council could choose to reject all bids and direct staff to re-advertise the project. However, this is not recommended, as the project supports and funds the repairs of critical infrastructure for the Ord Military Community.

DISCUSSION:

Overview
Under an Intergovernmental Support Agreement (IGSA), the City of Monterey provides services to the Department of the U.S. Army, which are fully reimbursed by the federal government. The City coordinates a variety of projects on the Presidio of Monterey, Ord Military Community, and U.S. Army Signal Activity at Camp Roberts, including this project to repair the stormdrain line segments P31 and P30 located at the intersection of General Jim Moore Boulevard and Gigling Road.

Project
This project is in response to the recommendations from a stormwater system condition survey report dated June 2021 commissioned by the U.S. Army and conducted by the Wallace Group.

Segment P31, a 42” asphalt-lined corrugated metal pipe (CMP), was deemed severely deteriorated with the bottom of the pipe rusted through and undermined in some sections of the pipe segment. Emergency repair work was completed in October 2021 to fill in the bottom of the deteriorated section to temporarily stabilize the pipe. In addition, the asphalt lining of both segments P30 and P31 has spalled. In 2020, a section of a downstream segment, P33, collapsed and had to be emergency repaired.

Council Regular Meeting, 10/4/2022, Item No. 3., Item Page 3, Packet Page 18 This portion of the project will permanently repair two segments of the stormdrain system showing the most severe deterioration with cast-in-place liner (CIPP), a minimally disruptive method of pipe repair that has been successfully employed at the Presidio of Monterey and around the City of Monterey.

On September 6, 2022, the City received three bids for furnishing and installing CIPP lining repair to two stormdrain segments at Ord Military Community. The basis of the award to determine the lowest bid was the Grand Total Bid (Total Base Bid, plus Additive Alternate 1).

The bid from Sancon Technologies was deemed non-responsive due to failure to submit a bid bond. The lowest responsive, responsible bid was submitted by Southwest Pipeline and Trenchless Corp. from Torrance, in the amount of $254,705.

Southwest Pipeline and Trenchless Corp. has performed and successfully completed this kind of work for other municipal agencies within the State of California. In addition, they have submitted references for their work product. Staff has checked the firm’s references and are comfortable with the ability of the contractor to perform the work successfully.

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

2. Accepting all responsive, responsible bids;

3. Rejecting all non-responsive bids;

4. Awarding a construction contract to the lowest responsive, responsible bidder Southwest Pipeline and Trenchless Corp., in the amount of $254,705 for the Total Base Bid, plus Additive Alternate 1;

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

6. Authorizing staff to expend up to an additional 15% for unforeseen construction contingencies for timely completion of the project.

RL/mb
Attachments: 1. Resolution
e: Southwest Pipeline and Trenchless Corp.

John Hansen, Senior Administrative Analyst
Billy Garcia, IGSA Manager
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, 10/4/2022, Item No. 3., Item Page 4, Packet Page 19 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
AWARD A CONTRUCTION CONTRACT IN THE AMOUNT OF $254,705 TO SOUTHWEST PIPELINE AND TRENCHLESS CORP. FOR THE OMC-REPAIR STORMDRAIN PIPE AT GENERAL JIM MOORE/GIGLING (POM 21-039) PROJECT***PMSA*** WHEREAS on the 6th day of September 22, at 2:00 p.m. the City of Monterey Finance Director’s designee received three (3) electronic bids through the City’s e-Procurement Portal, ProcureNow for the OMC-Repair Stormdrain Pipe at General Jim Moore/Gigling (POM 21-039) (“Project”);
WHEREAS, Southwest Pipeline and Trenchless Corp. of Torrance, CA, and Monterey Peninsula Engineering of Marina, CA submitted responsive bids for the Project; WHEREAS, Sancon Technologies, Inc. of Huntington Beach, CA, submitted a nonresponsive bid for the Project; WHEREAS, the basis of award for the project was the Grand Total Bid (Total Base Bid plus Additive Alternate 1);
WHEREAS, Southwest Pipeline and Trenchless Corp., submitted the lowest responsible, responsive bid in the amount of $254,705;
WHEREAS, because funding is available, and it will yield a superior project, staff recommends the award of the Total Base Bid plus Additive Alternate 1 for a total award in the amount of $254,705;
WHEREAS, the project is fully funded by the Department of the Army through the Intergovernmental Support Agreement (IGSA) and sufficient funding is available in the project account number POM 21-039; 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:

II(e)(2) Acquisition, installation, and operation of utility and communication systems, mobile antennas, data processing cable and similar electronic equipment that use existing right-of-way, easement, distribution systems, and/or facilities (REC required), and II(g )(1) Routine repair and maintenance of buildings, airfields, grounds, equipment, and other facilities. Examples include, but are not limited to: Removal and disposal of asbestos-containing material (for example, roof material and floor tile) or lead-based paint in accordance with applicable regulations; removal of dead, diseased, or damaged trees; and repair of roofs, doors, Council Regular Meeting, 10/4/2022, Item No. 3., Item Page 5, Packet Page 20 2 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.

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

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

1. Approves the plans and specifications for the OMC-Repair Stormdrain Pipe at General Jim Moore/Gigling Project (POM 21-039), and grants the Interim Public Works Director, or her designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Accepts all responsive, responsible bids;

3. Rejects all non-responsive bids;

4. Awards a construction contract to the lowest responsive, responsible bidder Southwest Pipeline and Trenchless Corp., in the amount of $254,705 for the total base bid, plus Additive Alternate 1;

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

6. Authorizes staff to expend up to an additional 15% for unforeseen construction contingencies for timely completion of the project.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Council Regular Meeting, 10/4/2022, Item No. 3., Item Page 6, Packet Page 21 3 APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 10/4/2022, Item No. 3., Item Page 7, Packet Page 22 Council
Agenda Report
FROM: Clementine Bonner Klein, City Clerk
SUBJECT: Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period October 7, 2022 through November 3, 2022 Pursuant to AB361 Ralph M. Brown Act Provisions (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
RECOMMENDATION:

That the City Council consider the state of the COVID-19 emergency and adopt a resolution to authorize remote teleconference attendance for all public meetings of City of Monterey legislative bodies under emergency-specific Brown Act provisions for the period of October 7, 2022 through November 3, 2022. This action is required to comply with the Brown Act.

VALUE DRIVERS:

POLICY IMPLICATIONS:

The recommendations in this report are consistent with the requirements of the Ralph M. Brown Act (Government Code section 54950 through 54963). The City’s policy is to ensure the public’s health, safety, and welfare of its employees, residents, and visitors. Continuing to authorize remote attendance of public meetings will help reduce the spread of COVID-19.

Government Code section 54953(e)(3) requires the city to consider the circumstances of the state of emergency and make the following findings by majority vote: (1) the state of emergency continues to directly impact the ability of members to meet safely in person; and/or (2) state or local officials continue to impose or recommend measures to promote social distancing.

Furthermore, it is consistent with the City’s Strategic Priority to “ensure the health and wellness of the community including the COVID-19 pandemic response through emergency operations, clear communication with the public, delivering vaccinations, supporting testing efforts, issuing emergency orders, managing social distancing regulations, adopting eviction protections, hosting blood drives, and providing food security.”
FISCAL IMPLICATIONS:

There is no new or additional cost associated with offering free and secure teleconferencing participation in the City’s public meetings through toll-free telephone and internet-based ZoomGov webinars and free live-streamed meeting observation on cable access television and/or on the internet via YouTube when possible. The City currently pays $5,500 annually for the ZoomGov webinar accounts and toll-free phone access used for public meetings. Live streaming of public meetings on Comcast Channel 25 is provided under an ongoing public, Date: 10/4/2022
Item No.: 4.

Council Regular Meeting, 10/4/2022, Item No. 4., Item Page 1, Packet Page 23 educational, and government (“PEG”) cable access agreement with Access Monterey Peninsula, Inc. In 2021, the City contributed around $240,000 towards Access Monterey Peninsula.

ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 CEQA Guidelines Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

ALTERNATIVES CONSIDERED:

Upon consideration of the state of emergency, the Council may choose not to authorize emergency teleconference attendance of meetings. This would mean that meetings held after October 6, 2022 (the expiration date of Resolution No. 22-114 C.S.) would be subject to Government Code section 54953(b)(3) pre-COVID-19 Brown Act noticing and quorum requirements for teleconference attendance at public meetings by elected and appointed officials of the City’s legislative bodies.

DISCUSSION:

Background
The Ralph M. Brown Act requires local government business to be conducted at open and public meetings with few exceptions. The COVID-19 pandemic presented significant health and safety concerns that made public gatherings unsafe. This resulted in the City of Monterey and many other public agencies holding public meetings with remote attendance methods authorized in Governor Newsom’s emergency executive orders to protect attendees' health and safety.

In September 2021, the Brown Act was amended by Assembly Bill 361 (“AB 361”), authorizing the city and other public agencies to continue to allow teleconference attendance at public meetings if the legislative body makes certain findings. This authorization is in effect until January 1, 2024. Accordingly, the City Council has adopted resolutions with the required findings at least every 30 days from October 5, 2021 to September 6, 2022. During this period, attendance was primarily conducted in a hybrid format, allowing both in-person and teleconference attendance. (The early stages of the prevalence of Omicron variants presented a brief exception from mid-January to the end of March 2022.) This flexibility has ensured transparent, healthy, and safe public access to the city’s meetings and meetings of its legislative bodies. The current teleconferencing authorization is effective through October 6, 2022.

Findings regarding the COVID-19 state of emergency will continue to be agendized for Council consideration at least every 30 days as required by State law while the state of emergency is in Council Regular Meeting, 10/4/2022, Item No. 4., Item Page 2, Packet Page 24 place and until the Council determines conditions are safe to return to non-pandemic Brown Act provisions for the city’s public meetings.

The ZoomGov platform currently used by the City for teleconference meeting attendance allows for participation that is free, broadly accessible, safe, and secure. The Council and public can attend meetings remotely using any internet-accessible device or by dialing toll-free on the telephone and remain socially distanced while engaging in important public discourse.

Current Findings
Facts supporting continued authorization for teleconferencing pursuant to Government Code section 54954(e)(3)(B)(i) are:
 The Omicron variant of the virus was classified by the World Health Organization (“WHO”) as a Variant of Concern on November 26, 2021, was identified in the United States as reported by the CDC on December 1, 2021, and nine lineages of the Omicron variant constituted 99.8% of COVID-19 cases in the United States as of September 10, 2022, as reported by the CDC on September 30, 2022.
 According to Monterey County’s COVID-19 Biweekly Update updated on September 29, 2022, the COVID-19 case rate in Monterey County is 4.5 cases per 100,000 people with a test positivity rate of 4.5% (7-day average for both statistics), with 14 people currently hospitalized.

Staff recommends that the City Council consider the current state of the COVID-19 emergency and, in order to protect the health and safety of public meeting attendees, adopt the attached resolution to authorize emergency teleconference attendance of public meetings through November 3, 2022.

CBK
Attachments: 1. Draft Resolution
cc: All City boards, commissions, and committees
Neighborhood Associations
Business Associations
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 10/4/2022, Item No. 4., Item Page 3, Packet Page 25 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY

AUTHORIZE REMOTE TELECONFERENCE MEETINGS

OF THE CITY COUNCIL AND BOARDS, COMMISSIONS, AND COMMITTEES FOR THE PERIOD OF OCTOBER 7 THROUGH NOVEMBER 3, 2022
PURSUANT TO AB 361 RALPH M. BROWN ACT PROVISIONS
WHEREAS, the City Council is empowered to take actions necessary to protect and has an important governmental interest in protecting the health, safety, and welfare of those who participate in meetings of the City Council and its legislative bodies subject to California Government Code sections 54950-54963 (the Ralph M. Brown Act, or “Brown Act”); WHEREAS, on October 5, 2021, November 2, 2021, November 16, 2021, December 7, 2021, December 21, 2021, January 18, 2022, February 15, 2022, March 15, 2022, March 23, 2022, April 19, 2022, May 17, 2022, June 7, 2022, June 29, 2022, July 19, 2022, August 16, 2022, and September 6, 2022, the City Council adopted resolutions authorizing teleconference attendance of public meetings for the City Council and Boards, Commissions and Committees due to the imminent risk to the health and safety of attendees relating to in-person meeting attendance;
WHEREAS, the City Council has reconsidered the circumstances of the state of the COVID-19 emergency;
WHEREAS, the Omicron variant of the virus was classified by the World Health Organization (“WHO”) as a Variant of Concern on November 26, 2021, was identified in the United States as reported by the CDC on December 1, 2021, and nine lineages of the Omicron variant constituted 99.8% of COVID-19 cases in the United States as of September 10, 2022, as reported by the CDC on September 30, 2022;
WHEREAS, according to Monterey County’s COVID-19 Biweekly Update updated on September 29, 2022, the COVID-19 case rate in Monterey County is 4.5 cases per 100,000 people with a test positivity rate of 4.5% (7-day average for both statistics), with 14 people currently hospitalized;
WHEREAS, the Monterey County Health Department continues to recommend that physical and social distancing strategies be practiced in Monterey County, which includes remote meetings of legislative bodies of local agencies, to the extent possible; and WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

Council Regular Meeting, 10/4/2022, Item No. 4., Item Page 4, Packet Page 26 2 Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

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

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

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

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 10/4/2022, Item No. 4., Item Page 5, Packet Page 27 Council
Agenda Report
№08/22
FROM: Andrea Renny, PE, PTOE, Public Works Director
SUBJECT: Adopt Recommended Capital Improvement Program (CIP) Projects for FY2022/23 (Exempt from CEQA per Article 19, Section 15301, 15302, 15306, Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061 or Initial Study Mitigated Negative Declaration Previously Prepared and Certified)
RECOMMENDATION:

That the City Council adopt the attached resolution approving the recommended Capital Improvement Program (CIP) funding 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.

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

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

POLICY IMPLICATIONS:

This action is consistent with the City Council’s Value Drivers and Strategic Priorities of Quality of Life – “Respond effectively to neighborhood concerns;” Fiscal Stewardship- “Prioritize funding models and sources for facility rehabilitation, repair, and replacement;” Protecting our Environment-“Protect the Monterey Bay National Marine Sanctuary and our environmental assets from pollution, continue efforts to reduce greenhouse gas emissions (GHG), and expand access to electric vehicle infrastructure and encourage sustainable transportation;” and, Active Mobility- “Maintain and repair core street, roadway, and storm drain infrastructure.” The recommended action is consistent with established policy and procedures for adopting the annual City budget and approving the Capital Improvement Program (CIP) project list. On August 23, 2022, the Planning Commission determined the proposed projects to be consistent Date: 10/4/2022
Item No.: 5.

Council Regular Meeting, 10/4/2022, Item No. 5., Item Page 1, Packet Page 28 with the General Plan, Area Plans, Master Plans, Coastal Plans, Traffic Calming Plans, and Move Monterey Multimodal Plan.

FISCAL IMPLICATIONS:

The proposed CIP is funded by ten (10) funding sources, as shown in the following table.

Note: On September 20, 2022, City Council approved budget adjustments in the amount of $1,950,000 to appropriate General Funds for Capital Improvement 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, 15302, 15306, and Classes 1, 2, 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 replacement or reconstruction of existing structures and facilities, where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced; 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).

Funding Source
No. of
Proposed
Projects
Budget
FY 22/23
General Fund 6 $ 750,000
General Fund- Monterey Sports Center 1 $ 1,200,000
Marina Fund 1 $ 1,107,782
Gas Tax (Highway User Tax) 3 $ 1,210,644
Road Maintenance & Rehab (SB1) 1 $ 1,996,955
Sewer Fund 4 $ 1,218,708
Storm Drain Fund 3 $ 617,213
Tideland Fund 1 $ 300,000
Parking Fund 11 $ 1,900,000
Measure S 4 $11,332,148
Measure X 3 $ 2,600,000
Total $24,233,450
Council Regular Meeting, 10/4/2022, Item No. 5., Item Page 2, Packet Page 29 These exempt projects include:

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

Replace Downtown Trash Receptacles (NEW) 19, 15301, 1
PD/Fire Gate (NEW) 19, 15301,1
Fire Station 13 Tower Demo (NEW) 19, 15301, 1
Waterfront Parking Lot Resurface/Stripe/ADA – Phase 2
(cip2005)
19, 15302, 2
Sign Replacement (NEW) 19, 15301, 1
Sewer Line Video Evaluation (33c1805) 19, 15306, 6
Annual M1W Regional FOG Inspection Program (NEW) 19, 15306, 6 SSMP Update and Biennial Audit (33c1804) 19, 15306, 6
Garage Repairs (65c1809) 19, 15301, 1
Pay Station Upgrades (cip2003) 19, 15301, 1
Parking Meter Upgrades (cip2002) 19, 15301, 1
Parking Garage Security Cameras (NEW) 19, 15301, 1
ALPR for Enforcement Scooters (NEW) Not a Project
Monterey Sports Center Repair and Upgrades (NEW) Not a Project 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 informationgathering only.

Council Regular Meeting, 10/4/2022, Item No. 5., Item Page 3, Packet Page 30 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 and 2 may be in a sensitive archeological area as shown in the General Plan EIR (Figure 8, Archeological Sensitivity Map); however, these projects would require either no excavation or minimal excavation of previously disturbed ground; no improvements in native soil. Therefore, projects which are exempt under Class 1 and 2 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.

Two of the projects listed above are not a project. 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. 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.

Council Regular Meeting, 10/4/2022, Item No. 5., Item Page 4, Packet Page 31 Further Review Required:

ADA Facility Upgrades (30c1211)
Miscellaneous Building Repair (36c1803)
Street Median Upgrades (NEW)
Pavement Reconstruction/Resurfacing Program (30c1308)
Pavement Reconstruction/Resurfacing Program (SB1) (NEW) Sewer Repair Project (33c1750)
Urban Stormwater Diversion (NEW)
Storm Drain Utility-Repair & Maintenance Program (NEW)
Parking Facility Electronic Signage (NEW)
ADA Facility Upgrades (parking) (30c1211)
Parking Lot Maintenance and Repair (65c1427)
Parking Lot Signage (NEW)
Replace Parking Garage Lighting (NEW)
Electric Vehicle Parking Stations (cip2103)
Measure S – Storm Drains (33c1554)
Measure S – Sidewalks (35c1552)
Measure S – Pavement (35c1553)
Measure S – ADA (35c1555)
Measure X - Critical Maintenance (35c1850)
Measure X - Identified Safety Projects (35c1851)
Measure X - Citywide Adaptive (37c2050)
Initial Study-Mitigated Negative Declaration Adopted:
951 Del Monte Monitoring (33c1454) – IS-MND adopted by City Council Resolution 16-061 on April 19, 2016.

Open-Channel O&M Enviro. Services (NEW) – IS-MND adopted by Planning Commission Reso P19-008 on May 28, 2019.

Programmatic Wharf Repairs (cip2001) – IS-MND adopted by City Council Resolution 20-009 on January 21, 2020.

ALTERNATIVES CONSIDERED:

The purpose of this report is to present the final list of proposed projects to the City Council, and for Council to adopt the budget for the FY 2022/23 Capital Improvement Program. Council may make additional revisions to the proposed projects and/or deny funding for any project.

DISCUSSION:

There are 38 projects proposed (see Exhibit A to the resolution) which represent a wide array of infrastructure needs. The project list was developed in coordination with multiple City departments and divisions. Public Works staff met with department and division heads to discuss their requests for capital improvement projects in order to prioritize funding. The projects and needs submitted by the different departments exceed the available funding.

Council Regular Meeting, 10/4/2022, Item No. 5., Item Page 5, Packet Page 32 The funds proposed to be used to complete these projects are the General Fund, Marina Fund, Sewer Fund, Gas Tax Revenue (Highway User Tax-HUTA), SB-1 Revenue (Road Maintenance and Rehabilitation Account-RMRA), Tideland Fund, Parking Fund, Measure S Fund, and Measure X Funds. Except for the General Fund, these funding sources have restrictions for the types of infrastructure rehabilitation that can be completed. As an example, the City is restricted from using Gas Tax (Highway User Tax-HUTA) revenue for expenditures on City buildings. The attached list contains a brief description and preliminary estimates for each item. The CIP contingency account can only be funded through General Funds due to restrictions of the different sources of funding. Due to the limited amount of General Fund and the current critical infrastructure needs, staff is not proposing to add General Funds to the CIP contingency fund which has a balance of $98,014. Each project will be individually analyzed for cost and contingency as specific projects are awarded.

This budget represents a strong desire to address the backlog of maintenance needs and critical infrastructure repairs and upgrades. The City has adequate funding through Measure S to complete significant street and sidewalk improvements; however, the proposed General Fund allocation to the CIP does not provide sufficient funding to address all the critical capital needs of City-owned buildings and other infrastructure. The project list only partially addresses the City’s aging infrastructure and significant backlog of deferred maintenance. It is important to note that capital project costs continue to increase due to Federal and State mandates, including ADA and storm water regulations, as well as inflation.

Therefore, Staff recommends that the City Council adopt the attached resolution approving the recommended Capital Improvement Program (CIP) for funding in Fiscal Year 2022/23.

AR/mb
Attachments: 1. Resolution

2. Capital Improvement Program (CIP) Projects FY 2022/23 e: 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, 10/4/2022, Item No. 5., Item Page 6, Packet Page 33 RESOLUTION NO. __- ___ C.S.

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

ADOPT RECOMMENDED CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS FOR FY2022/23
WHEREAS, on August 23, 2022, the Planning Commission recommended to the City Council that the Capital Improvement Program (CIP) Projects for 2022/23 Fiscal Year are Consistent with the General Plan, Area Plans, Master Plans, Coastal Plans, Traffic Calming Plans, and Move Monterey Multimodal Plan;
WHEREAS, the proposed CIP Budget for FY 2022/23 was prepared and submitted to the City Council on October 4, 2022 in accordance with Section 6.3 of the City Charter; 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, 15302, 15306, and Classes 1, 2, 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 replacement or reconstruction of existing structures and facilities, where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced; 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):

Replace Downtown Trash Receptacles (NEW) 19, 15301, 1
PD/Fire Gate (NEW) 19, 15301,1
Fire Station 13 Tower Demo (NEW) 19, 15301, 1
Waterfront Parking Lot Resurface/Stripe/ADA – Phase 2
(cip2005)
19, 15302, 2
Sign Replacement (NEW) 19, 15301, 1
Sewer Line Video Evaluation (33c1805) 19, 15306, 6
Annual M1W Regional FOG Inspection Program (NEW) 19, 15306, 6 SSMP Update and Biennial Audit (33c1804) 19, 15306, 6
Garage Repairs (65c1809) 19, 15301, 1
Pay Station Upgrades (cip2003) 19, 15301, 1
Parking Meter Upgrades (cip2002) 19, 15301, 1
Parking Garage Security Cameras (NEW) 19, 15301, 1
ALPR for Enforcement Scooters (NEW) Not a Project
Monterey Sports Center Repair and Upgrades (NEW) Not a Project Council Regular Meeting, 10/4/2022, Item No. 5., Item Page 7, Packet Page 34 2 Furthermore, the exempt projects do not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. 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.

Two of the projects listed above are not a project. 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 Council Regular Meeting, 10/4/2022, Item No. 5., Item Page 8, Packet Page 35 3 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. 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:

Open-Channel O&M Enviro. Services (NEW) – IS-MND adopted by Planning Commission Reso P19-008 on May 28, 2019.

Programmatic Wharf Repairs (cip2001) – IS-MND adopted by City Council Resolution 20-009 on January 21, 2020.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that that the Capital Improvement (CIP) Budget for Fiscal Year 2022/23 with Exhibit A, attached to this resolution and containing information as required in Section 6.3 of the Monterey City Charter, is hereby adopted and approved in the following amount:

Council Regular Meeting, 10/4/2022, Item No. 5., Item Page 9, Packet Page 36 4 Capital Improvement Program Budget $24,233,450

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

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 10/4/2022, Item No. 5., Item Page 10, Packet Page 37 CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS FY 2022/23 EXHIBIT A Funding Allocations FY 2022/23 Description Project Number Project Name

GENERAL FUND
ADA Facility Upgrades $120,000 This project will address ADA compliance issues at various facilities within the City. This is not sufficient funding to address all of the issues, it will be used to address needs as they arise. 30c1211 ADA TRANSITION PLAN IMPRVMNTS (10-20YR) Replace Downtown Trash Receptacles $60,000 Project to replace decorative garbage cans in Downtown area. NEW PD/Fire Gate $260,000
Gates for the entrances to the public safety facility - total of three gates. The project amount includes addressing issues related to ADA parking and addressing visitor parking outside of gates for PD and Fire. NEW
Misc Building Repair $125,000 Project will address deferred maintenance at City facilities such as City Hall, Fire Station(s), Youth Center, etc. 36c1803 MISC BUILDING REPAIRS
Fire Station 13 Tower Demo $125,000 Funding for initial assessment of tower structure and potential demolition of the structure. NEW 951 Del Monte Monitoring $60,000 Funding to continue to implement clean up and remediation of groundwater contamination at city owned property at 951 Del Monte Ave. 33c1454 CW-951 DEL MONTE AVE-GROUNDWATER REMEDIATION General Fund: $750,000
Monterey Sports Center Repairs and Upgrades $1,200,000
The scope of projects includes, but it is not limited to: pool replastering and coping, resurface pool deck, replace natatorium doors, natatorium walls wainscoting, interior & exterior painting, install new surveillance system, replace gymnasium basketball backboards. NEW General Fund - Sports Center $1,200,000
TOTAL General Fund $1,950,000

MARINA FUND
Waterfront Parking Lot Resurface/Stripe/ADA -
Phase 2 $1,107,782 Re-surfacing of Marina lot to improve circulation and safety. Project includes safety lighting, relocation of Recreational Trail and additional stormwater features. cip2005 WATERFRONT PARKING RESURFACE/STRIPE/ADA Total Marina Fund: $1,107,782
GAS TAX (Highway User Tax-HUTA)
Sign Replacement $20,000 Program to replace regulatory, warning, directional, wayfinding, etc. signs throughout the City NEW Median Upgrades $800,000 Repair/rehabilitate, improve existing medians. NEW Pavement Reconstruction/Resurfacing Program $390,644 Resurface City streets by overlay, slurry, and cape sealing. Project would also include street preparation of failed areas. A portion of these funds would pay for ADA improvements as necessary. 30c1308 RECONSTRUCTION OF FAILED PAVEMENT AREAS Total Gas Tax: $1,210,644
ROAD MAINTENANCE AND REHAB (SB1)
Pavement Reconstruction/Resurfacing Program -
SB1 $1,996,955 Repair of City streets as identified in annual allocation. Currently identified streets are portions Mar Vista, Skyline Drive, Casa Verde, and Beach Way. NEW Total SB1: $1,996,955

SEWER FUND
Sewer Line Video Evaluation $300,000 Perform video inspection of the City's sanitary swere infrastructure to assist in programming sewer capital repair projects. 33c1805 SEWER LINE VIDEO EVALUATION Sewer Repair Project $718,708 This project will provide the ability to respond to sewer issues discovered during the course of the budget period (incl. Wharf sewer repairs) 33c1750 CW-SEWER REPAIR & ACQUIRE EASEMENTS Annual M1W Regional FOG Inspection Program $50,000 Regional Agreement for Food Service Establishment/FOG Facilities Inspections (Citywide) NEW SSMP Update and Biennial Audit $150,000 Regulatory Requirements for Utility - Perform comprehensive update to SSMP for Council Approval (Spring 2023); Perform Biennial Program Audit. NEW
Total Sewer Fund: $1,218,708

STORM DRAIN FUND
Urban Stormwater Diversion $160,000 Analyze, design, permit, and construct urban stormwater diversion facilities to the sanitary sewer system for regional treatment and water reuse in coordination with Monterey One Water. NEW Open-Channel O&M Environmental Services $80,000 Annual Storm Drain Management Program Environmental Support NEW 1 Council Regular Meeting, 10/4/2022, Item No. 5., Item Page 11, Packet Page 38 CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS FY 2022/23 EXHIBIT A Funding Allocations FY 2022/23 Description Project Number Project Name Storm Drain Utility-Repair & Maintenance Program $377,213 This project will provide the ability to respond to storm drain utility infrastructure issues and repairs discovered during the course of the budget period. NEW
Total Storm Drain Fund: $617,213

TIDELAND FUND
Programmatic Wharf Repairs $300,000 Pier pile/timber replacement on Wharves 1 & 2 (implementation phase). Funding to continue to maintain the Wharves. cip2001 PROGRAMMATIC WHARF REPAIRS Total Tideland Fund: $300,000

PARKING FUND
1 Parking Lot Signage $100,000 Replace signage at paid City Parking Lots. This is necesary due to updated technology and enforcement. NEW
2 Parking Facility Electronic Signage $150,000 Electronic entrance signage. NEW 3 Garage Repairs $600,000
Project will address deferred maintenance at the City parking Garages (Downtown, Cannery Row and Calle Principal). Increased funding for structural repairs at West Garage and miscellaneous facility repairs. 65c1809 PARKING GARAGE REPAIR
4 Parking Lot Maintenance and Repair $200,000 Provide repairs for pavement, curbs, or signage at City Parking Lots 65c1427 CW-PARKING LOT MAINTENANCE & REPAIR 5 ALPR for Enforcement Scooters $100,000 Three new ALPR units for enforcement scooters NEW 6 Parking Garage Security Cameras $150,000 This project will replace the security camera systems- replace or add security camera systems in garages. NEW
7 ADA Facility Upgrades $100,000 This project will address ADA compliance issues at various facilities within the City. This is not sufficient funding to address all of the issues, it will be used to address needs as they arise. 30c1211 ADA TRANSITION PLAN IMPRVMNTS (10-20YR) 8 Electric Vehicle Parking Stations $50,000 Install new EV charging stations- locations TBD cip2103 ELECTRIC VEHICLE CHARGING STATION 9 Replace Parking Garage Lighting $300,000 Replace lighting in Downtown and Cannery Row garages NEW 10 Pay Station Upgrades $100,000 Pay station upgrades. cip2003 PAY STATION UPGRADES 11 Parking Meter Upgrades $50,000 Parking meter upgrades. cip2002 PARKING METER UPGRADES Total Parking Fund: $1,900,000

MEASURE S
Measure S - Storm Drains $1,300,000 Citywide storm drain repair. 33c1554 MEASURE S-STORM DRAINS Measure S - Sidewalks $700,000 Sidewalk repairs in the downtown and commercial areas. 35c1552 MEASURE S-SIDEWALKS Measure S - Pavement $3,332,148 Citywide pavement repair. 35c1553 MEASURE S-PAVEMENT Measure S - ADA $6,000,000 Citywide ADA upgrades to include signalized intersections. 35c1555 MEASURE S-ADA Total Measure S Fund: $11,332,148

MEASURE X
Critical Maintenance $800,000 Signal and systems improvements, repair critical failing infrastructure 35c1850 CRITICAL MAINTENANCE Identified Safety Projects $1,200,000 Grant matching funds, grant applications, safety projects 35c1851 IDENTIFIED SAFETY PROJECTS CItywide Adaptive $300,000 Traffic Signal Adaptive System 37c2050 CITYWIDE ADAPTIVE MEAS X Operational Improvements to Transportation
System $300,000 Operational Improvements to Transportation System cip2012 OPERATIONAL IMPROVEMENTS TO TRANS SYSTEM Total Measure X Fund: $2,600,000
FY 22/23 CIP Total: $24,233,450
2 Council Regular Meeting, 10/4/2022, Item No. 5., Item Page 12, Packet Page 39 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Grant Leonard, AICP, Housing Analyst
SUBJECT: Amend Resolution 22-109 Approving the 4th Amendment to the Agreement with Community Human Services Increasing the Grant of Community Development Block Grant Funds by $155,000 for Building Rehabilitation and Repair of the Safe Place Youth Homeless Shelter (Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 19, Section 15301, Class1)
RECOMMENDATION:

That the City Council Approve amending Resolution 22-109 approving the 4th Amendment to the Agreement with Community Human Services to increase the grant of Community Development Block Grant Funds by $155,000 for Building Rehabilitation and Repair of the Safe Place Youth Homeless Shelter.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

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

FISCAL IMPLICATIONS:

The action would clarify that the grant award increase is $155,000. Resolution 22-109 incorrectly states at different sections that the grant increase is both $160,000 and $155,000, when in fact the requested grant increase is $155,000. In Fiscal Year 2019/2020, the City of Monterey initially awarded Community Human Services $60,000 for the final phase of rehabilitation of the Safe Place youth homeless shelter on Pearl Street. The City subsequently amended the award in Fiscal Year 2020-21 to increase the total award by $100,000 to a total of $160,000. This corrected amendment will increase the grant award by $155,000 to a total of $315,000. The funding is available through the City’s CDBG entitlement grant and program income.

ENVIRONMENTAL DETERMINATION:

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

The City of Monterey Planning Office determined the project is exempt from the California Date: 10/4/2022
Item No.: 6.

Council Regular Meeting, 10/4/2022, Item No. 6., Item Page 1, Packet Page 40 Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project includes modifications to an existing homeless shelter including plumbing replacement, waterproofing an exterior staircase, and structural work. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

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

Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located - a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The proposed action includes minor modifications including plumbing replacement, waterproofing an exterior staircase, and structural work and will have no impact on the environment.

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. The proposed action includes minor modifications including plumbing replacement, waterproofing an exterior staircase, and structural work and will have no cumulative impact on the environment.

Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The proposed action includes minor modifications including plumbing replacement, waterproofing an exterior staircase, and structural work and will have no significant impact on the environment.

Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR. The project site is not located near a scenic highway and is not visible from a scenic highway. No impacts are anticipated near scenic highways.

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

Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The proposed action includes includes minor modifications including plumbing replacement, waterproofing an exterior staircase, and structural work and will have no impact on historic resources.

Council Regular Meeting, 10/4/2022, Item No. 6., Item Page 2, Packet Page 41 ALTERNATIVES CONSIDERED:

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

DISCUSSION:

On August 16, 2022, the Council approved Resolution 22-109 approving the 4th amendment to the agreement with Community Human Services for use of community development block grant funds for building rehabilitation and repair of the safe place youth homeless shelter.

Upon review of the approved resolution, staff discovered that the resolution incorrectly states at different sections that the grant increase is both $160,000 and $155,000. The requested increase by Community Human Services is in fact $155,000, and the sections stating the amount as $160,000 are incorrect and make the resolution inconsistent.

In conclusion, staff recommends that the Council approve amending Resolution 22-109 approving the 4th Amendment to the Agreement with Community Human Services to increase the grant of Community Development Block Grant Funds by $155,000 for Building Rehabilitation and Repair of the Safe Place Youth Homeless Shelter.

KC/GL
Attachments: 1. Draft Resolution

2. Resolution 22-109
e: Community Human Services
Coalition of Homeless Service Providers
Housing Outreach List
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 10/4/2022, Item No. 6., Item Page 3, Packet Page 42 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
APPROVE AMENDING RESOLUTION 22-109 APPROVING THE 4TH AMENDMENT TO THE

AGREEMENT WITH COMMUNITY HUMAN SERVICES INCREASING THE GRANT OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS BY $155,000 FOR BUILDING

REHABILITATION AND REPAIR OF THE SAFE PLACE YOUTH HOMELESS SHELTER WHEREAS, since 1975, the City of Monterey has been an eligible metropolitan entitlement city under the CDBG programs;
WHEREAS, the Five Year (2020-2024) Consolidated Plan (the “Consolidated Plan”) adopted in Resolution No. 20-049 identified funding sources to provide housing and housing services and prioritized the use of local, state, and federal funds; WHEREAS, consistent with Consolidated Plan priorities for Housing and Community Services, the Fiscal Year 2021/2022 Budget and Action Plan (the “Program Year 2021 Action Plan”) provides resources to implement the Consolidated Plan to meet HUD National Objectives;
WHEREAS, Community Human Services received a $60,000 Public Infrastructure Grant from the City for the rehabilitation of the Safe Place Youth Homeless Shelter in 2019; WHEREAS, the City amended the grant award in 2020 to extend the term; WHEREAS, the City amended the grant award twice in 2021 to extend the term and increase the grant award to $160,000;
WHEREAS, Community Human Services has completed a competitive bidding process to select a contractor for the project;
WHEREAS, Community Human Services is requesting an additional $155,000 to bridge the funding gap between the available funding and what the selected contractor has bid for the project;
WHEREAS, Community Human Services is requesting the term of the agreement be extended to the end of the fiscal year, June 30, 2023;
WHREAS, on August 16, 2022, the City Council approved Resolution 22-109 approving the 4th amendment to the agreement with Community Human Services to increase the grant award by $160,000 of community development block grant funds for building rehabilitation and repair of the Safe Place Youth Homeless Shelter. The amount of the grant award listed in Resolution 22-109 was erroneous;
WHEREAS, Resolution 22-109 incorrectly states at different sections that the grant increase is both $160,000 and $155,000. The requested increase by Community Human Services is $155,000, and the sections stating the amount as $160,000 are incorrect and make the resolution inconsistent.

Council Regular Meeting, 10/4/2022, Item No. 6., Item Page 4, Packet Page 43 2 WHEREAS, the proposed minor modifications to the interior of the building is considered categorically excluded subject to Section 58.5(a) under the Federal National Environmental Policy Act (NEPA) guidelines (24 CFR Part 58) because the building contractor will adhere to an approved project mitigation plan for asbestos.

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project includes modifications to an existing homeless shelter including plumbing replacement, waterproofing an exterior staircase, and structural work. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

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

Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located - a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The proposed action includes minor modifications including plumbing replacement, waterproofing an exterior staircase, and structural work and will have no impact on the environment.

Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The proposed action includes minor modifications including plumbing replacement, waterproofing an exterior staircase, and structural work and will have no significant impact on the environment.

Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR. The project site is not located near a scenic highway and is not visible from a scenic highway. No impacts are anticipated near scenic highways.

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

Exception f - Historical Resources. A categorical exemption shall not be used for a project Council Regular Meeting, 10/4/2022, Item No. 6., Item Page 5, Packet Page 44 3 which may cause a substantial adverse change in the significance of a historical resource. The proposed action includes minor modifications including plumbing replacement, waterproofing an exterior staircase, and structural work and will have no impact on historic resources.

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

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY it hereby approves amending Resolution 22-109 approving the 4th amendment to the agreement with community human services increasing the grant of Community Development Block Grant funds by $155,000 for building rehabilitation and repair of the Safe Place Youth Homeless Shelter.

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, 10/4/2022, Item No. 6., Item Page 6, Packet Page 45 RESOLUTION NO. 22-109 C.S.

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

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

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

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

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project includes modifications to an existing homeless shelter including plumbing replacement, DocuSign Envelope ID: 7A878C42-60B8-4E84-AB1C-C45CF56BC445 ATTACHMENT 2
Council Regular Meeting, 10/4/2022, Item No. 6., Item Page 7, Packet Page 46 2 waterproofing an exterior staircase, and structural work. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

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

Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located - a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The proposed action includes minor modifications to the interior of the building and minor changes to waterproof an exterior staircase to improve its habitability and will have no impact on the environment. .

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. The proposed action includes minor modifications to the interior of the building and minor changes to waterproof an exterior staircase to improve its habitability and will have no cumulative impact on the environment.

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

Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR. The project site is not located near a scenic highway and is not visible from a scenic highway. No impacts are anticipated near scenic highways.

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

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

DocuSign Envelope ID: 7A878C42-60B8-4E84-AB1C-C45CF56BC445 ATTACHMENT 2
Council Regular Meeting, 10/4/2022, Item No. 6., Item Page 8, Packet Page 47 3 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY it hereby approves the 4th amendment to the agreement with community human services to increase the grant award by $160,000 of community development block grant funds for building rehabilitation and repair of the Safe Place Youth Homeless Shelter.

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

AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
DocuSign Envelope ID: 7A878C42-60B8-4E84-AB1C-C45CF56BC445 ATTACHMENT 2
Council Regular Meeting, 10/4/2022, Item No. 6., Item Page 9, Packet Page 48 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Janna Aldrete, Property Manager
SUBJECT: Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 601 Wave Street, Suite 400; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mark Hastings (Monterey General Store/American Country Classics); Under Negotiation: Price and Terms of Payment for Lease Amendment (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council appoint agency negotiators for a conference with real property negotiators pursuant to Government Code Section 54956.8 to discuss and provide confidential direction regarding a lease extension for the premises located at 601 Wave Street, Suite 400.

VALUE DRIVER:

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

POLICY IMPLICATIONS:

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

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

FISCAL IMPLICATIONS:

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

ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 CEQA Guidelines Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Council Regular Meeting, 10/4/2022, Item No. 7., Item Page 1, Packet Page 49 this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The City Council could decide not to appoint negotiators or appoint different negotiators. This is not recommended by staff. It is appropriate that the Council appoint agency negotiators and authorize a confidential discussion regarding the lease extension.

DISCUSSION:

Mr. Mark Hastings (Monterey General Store/American Country Classics) has leased space at the property located at 601 Wave Street since 1990 and was one of the first tenants in the building. The Monterey General Store is a successful souvenir shop located at the corner of Wave Street and Prescott Avenue.

The current lease is scheduled to expire October 31, 2022 and Mr. Hastings has requested to extend the lease.

City Council approval is required for this type of lease transaction. Closed session discussions are allowed and appropriate for confidential direction in real estate matters of this type.

JA/ad
e: Mark Hastings, Monterey General Store/American Country Classics Cristie Steffy, Parking Superintendent, City of Monterey Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 10/4/2022, Item No. 7., Item Page 2, Packet Page 50 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Janna Aldrete, Property Manager
SUBJECT: Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 30 Fisherman’s Wharf; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mark Gilbert (Mark Gilbert Enterprises, Inc.) and Michael Ungaro (San Pedro Fish Market Company, LLC); Under Negotiation: Price and Terms of Payment for New Lease (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council appoint agency negotiators for a conference with real property negotiators pursuant to Government Code section 54956.8 to discuss and provide confidential direction for terms and conditions for a new lease agreement.

VALUE DRIVER:

POLICY IMPLICATIONS:

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

The Surplus Land Act does not apply to Tidelands property.

FISCAL IMPLICATIONS:

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

ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 CEQA Guidelines Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Council Regular Meeting, 10/4/2022, Item No. 8., Item Page 1, Packet Page 51 this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

DISCUSSION:

The property located at 30 Fisherman’s Wharf is a two-story building consisting of approximately 17,509 square feet, the largest on Fisherman’s Wharf. The property was previously subject to a ground lease that expired July 31, 2021, with the subtenant vacating the property October 29, 2021.

The City entered into a contract with Advisors Real Estate Asset Services California to assist with development of a leasing package and marketing efforts. The leasing package was released June 2, 2022 and offers were due August 5, 2022. A copy of the leasing package can be found here.

Two proposals were submitted by the August 5th deadline. Mr. Mark Gilbert submitted a proposal for a full-service restaurant and gift shop. Mr. Gilbert currently operates three restaurants on the Santa Cruz Wharf and began operations in 2008. A proposal was submitted by San Pedro Fish Market for a fresh seafood market with customizable seafood trays, fastcasual counter and a full-service restaurant. The family-owned San Pedro Fish Market operates five locations throughout Southern California and began its operations in 1956.

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

JA/ad
e: Wendy Brickman, Fisherman’s Wharf Association
Scott Choppin, Urban Pacific
Sarah Cuban, Wald Ruhnke & Dost
Mark Gilbert, Mark Gilbert Enterprises, Inc.

Josephine Trusela, San Pedro Fish Market
Kenneth Turgen, Wald Ruhnke & Dost
Michael Ungaro, San Pedro Fish Market
Henry Ungaro, San Pedro Fish Market
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, 10/4/2022, Item No. 8., Item Page 2, Packet Page 52 Community Services District
Agenda Report
№06/11
FROM: Christine Davi, City Attorney
SUBJECT: Receive Ocean View Community Services District Quarterly Report RECOMMENDATION:

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

ENVIRONMENTAL DETERMINATION:

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

DISCUSSION:

The City of Monterey approved the Ocean View Plaza Project (“Project”) located at 457, 465, 470, 484, 565, and 570 Cannery Row in June 2004. Subsequently, the City of Monterey requested that the Local Agency Formation Commission (LAFCO) review the establishment of a Community Services District (CSD) for the project site that would own, operate, and maintain the proposed desalination plant once constructed. This CSD was formed pursuant to Community Services District Law (Government Code section 61000 et seq.,) to own and operate a desalination plant to provide residential and commercial water to the Project.

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

In November 2019, the California Coastal Commission denied requests for coastal development permit extensions. The Coastal Commission voted that there were changed circumstances from its original coastal development permit issued in 2008 related to water supply and coastal hazards/sea level rise.

In January 2020, Ruby Falls Fund, LLC, sued the Coastal Commission over its denial of the permit extension request as described in Monterey County Superior Court Case No.

Date: 10/4/2022
Item No.: 9.

Council Regular Meeting, 10/4/2022, Item No. 9., Item Page 1, Packet Page 53 20CV000165. On November 30, 2021, AquaLegacy Development LLC intervened in that action, which has been stayed pending resolution of the appeals in related litigation in Monterey County Superior Court Case No. 16CV001078 (Court of Appeal Nos. H049517 and H049540), in which the court entered a judgment on March 4, 2021 that AquaLegacy is vested with title to the property. The appeals in the quiet title action are still being briefed.

The City originally approved the vesting tentative map for the project on June 1, 2004. The map approval has been extended by operation of law to June 1, 2025, and may be further tolled. cc: Save Our Waterfront, 781 Terry Street, Monterey, CA 93940 Cannery Row Association
LAFCO of Monterey County – Local Agency Formation Committee, POB 1369, Salinas, CA 93902 New Monterey Neighborhood Association
David Balch, Esq.

Anne Mudge, Esq.

Neill Bower, Esq.

Paul James Beard, Esq.

Stephanie Lai, Esq.

Aaron Gruber, Esq.

Dylan Crosby, Esq.

Bob Faulis
William Coffee, Esq.

David Bowie, Esq.

Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 10/4/2022, Item No. 9., Item Page 2, Packet Page 54 Council
Agenda Report
№08/22
FROM: Brette Neal, Human Resources Director
Prepared By: Gina Russo, Assistant Human Resources Director SUBJECT: Consider Union Request to Reclassify Street Maintenance Worker Position as a Greenbelt Coordinator (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council decide whether to reclassify a Street Maintenance Worker to a Greenbelt Coordinator. This request is made by the General Employees of Monterey (GEM) labor union.

The Human Resources Department does not recommend approving this reclassification request. Pursuant to Section 29 of the GEM Memorandum of Understanding, the City Council is to consider the recommendation of the Human Resources Department and the rebuttal by GEM and make a determination. The City Council’s decision is final.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

The applicable policy this reclassification request is set forth in is Section 29 of the GEM MOU which provides:

An employee or his/her representative may request in writing a re-evaluation of his/her job based on significant permanent changes in job content or significant discrepancies between job content and classification description. The request must be in writing, contain justification and be submitted to the Department Head for review and recommendation. [Such request] may be made only on an annual basis during the period of September 10 through October 10. The Human Resources Director or his or her designee will initially respond to such requests within ninety (90) calendar days by notice to the employee and the union; however, this timeline may be extended if necessary. This notice shall state whether a recommendation will be made to the City Manager and City Council for reclassification. If the employee or Union disagrees with the recommendation, the Union may submit a rebuttal for review. The rebuttal will advance with the HR Director’s recommendation to the City Manager and City Council as soon as administratively possible. The City Council’s decision on reclassification is final.

Date: 10/4/2022
Item No.: 10.

Council Regular Meeting, 10/4/2022, Item No. 10., Item Page 1, Packet Page 55 FISCAL IMPLICATIONS:

Should the City Council agree with the Human Resources Department’s recommendation to deny GEM’s request to reclassify the Street Maintenance Worker position to a Greenbelt Coordinator position, there would be no additional costs to the City. Should the City Council grant GEM’s request to reclassify the position, the additional cost for the Street Maintenance Worker would total $11,919 annually, plus benefits.

ENVIRONMENTAL DETERMINATION:

ALTERNATIVES CONSIDERED:

There are no alternative actions to be considered.

BACKGROUND/DISCUSSION:

Per the GEM Memorandum of Understanding (MOU), Section 29 Reclassification, an employee, or their representative (Union) may request a re-evaluation of their job based on changes to job duties with respect to their classification. Submissions are made annually between September 10 and October 10. The Human Resources Department (HR) reviews the submissions and meets with the affected employees, supervisors, Department Heads, and the City Manager’s Office for a final review. HR then makes recommendations to either approve or deny the request, then notifies the employee and the Union. If the Union or employee disagrees with the recommendation, the Union may submit a rebuttal to the City Council.

Between September and October of 2021, five (5) reclassification requests were submitted to the HR Department. After the analysis was conducted, one (1) reclassification was recommended, which was approved in the FY 22/23 budget. The remaining four (4) requests were not recommended, and the employees and union were notified in May 2022. The Union responded with a rebuttal for one employee, Street Maintenance Worker Eleazar Munoz (Munoz).

A brief history and timeline for Eleazar Munoz reclassification requests are outlined below:
• On 10/9/20, Munoz submitted a request to be reclassified, however, did not indicate which position he wanted to be reclassified to.

Council Regular Meeting, 10/4/2022, Item No. 10., Item Page 2, Packet Page 56 • On 1/8/21, Munoz was notified that his request for reclassification was not being recommended.
• In early February 2021, GEM submitted a rebuttal on behalf of Munoz, requesting that he be reclassified to a Senior Street Maintenance Worker. • On 2/16/21, HR’s recommendation and GEM’s rebuttal appeared before Council.

Council upheld HR’s recommendation and did not approve the reclassification. • On 10/8/21, Munoz submitted another request to be reclassified from a Street Maintenance Worker, however, he didn’t specify what position he would’ve liked to be reclassified to. After meeting with Munoz, he stated he believed he was working in a capacity of a higher level than a Street Maintenance Worker or a position in Forestry. • On 5/6/22, Munoz was notified that his request for reclassification was not being recommended.
• On 5/20/22, GEM submitted a rebuttal on Munoz’s behalf, requesting to now be reclassified to a Greenbelt Coordinator.
• 10/4/2022, HR’s recommendation and GEM’s rebuttal will appear before Council.

Munoz’ claims that he spent 40% of his time doing routine forestry maintenance, 40% routine streets maintenance, and 20% routine operation of the aerial bucket truck. The Public Works department disputes the percentages that Munoz provided. In October of 2020, Munoz submitted a request for reclassification in which he claimed that he performed 30% of his time doing routine forestry maintenance, 30% routine streets maintenance, 30% routine operation of the aerial bucket truck and 10% special projects. The Department again disputed these percentages, and the request was denied and upheld by the City Council. Munoz was then explicitly instructed that he was not expected nor meant to perform Forestry work and that he needed to acquire supervisor approval for any work of that nature. The Department attests that since at least March of 2021, he has not performed any forestry work. Since then, Public Works has been monitoring closely assignments in the Streets Division and can assure that the work assigned to and performed by Munoz is within the Street Maintenance Worker classification.

Munoz also provided a list of duties and responsibilities that he claims he performs outside of his job duties to justify reclassification. They include the following:
● Forestry maintenance City-wide, Presidio / Ord Military Community, and Ryan Ranch including greenbelts, easements, walking trails, fire roads ● Operating an aerial bucket truck
● Install and remove banners
● Install traffic signs
● Install light shields and light pole banners
In regard to the first bullet above, any forestry work is required to be forwarded to the Forestry Division per the Public Works Director. Regarding the additional bullets, the job description for Council Regular Meeting, 10/4/2022, Item No. 10., Item Page 3, Packet Page 57 the Street Maintenance Worker provides the following essential function, which encompasses the duties he provided to support the reclassification:
● Install sign posts, meter posts, street name signs, and directional and regulatory signs; operates and assists in the operation of the Hydraulic Sewer Jet Machines, power sewer rodder, and bucket machines in the cleaning of sewer and storm drains; After a thorough review of the reclassification request, job descriptions, discussions with Munoz, GEM union representatives, discussions with the Department Director(s), Street & Utilities Operation Manger, and Park Operations Manager, The Human Resources Department has determined that Munoz is working within his current classification of Street Maintenance Worker. Therefore, the reclassification request from Munoz to a Greenbelt Coordinator is not being recommended by staff. The positions of staff and GEM are set forth in Attachments 1 and 2, respectively.

ATTACHMENTS:

1. HR Response to Reclassification Request

2. GEM Rebuttal to Reclassification Denial
BN/gr
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, 10/4/2022, Item No. 10., Item Page 4, Packet Page 58 1 TO: Eleazar Munoz, Street Maintenance Worker
Ryan Heron, GEM Representative
FROM: Allyson Hauck, Human Resources Director
DATE: May 6, 2022
RE: HR Response to Reclassification Request per Section 29 of the GEM MOU _____________________________________________________________________________ Thank you for submitting a request for reclassification. Below is my recommendation for review by the City Manager.
_____________________________________________________________________________ I. Reclassification Requirements
The negotiated language in the Memorandum of Understanding between the City and the General Employees of Monterey (GEM) provides the requirements for reclassification.

Section 29 of the GEM MOU states as follows:

An employee or his/her representative may request in writing a reevaluation of his/her job based on significant permanent changes in job content or significant discrepancies between job content and classification description. The request must be in writing, contain justification and be submitted to the Department Head for review and recommendation. may be made only on an annual basis during the period of September 10 through October 10. The Human Resources Director or his or her designee will initially respond to such requests within ninety (90) calendar days by notice to the employee and the union; however, this timeline may be extended if necessary. This notice shall state whether a recommendation will be made to the City Manager and City Council for reclassification. If the employee or Union disagrees with the recommendation, the Union may submit a rebuttal for review. The rebuttal will advance with the HR Director’s recommendation to the City Manager and City Council as soon as administratively possible. The City Council’s decision on reclassification is final.

II. Reclassification Request
Eleazar Munoz has requested a reclassification from Street Maintenance Worker, however does not specify what position he is acting out of class in or would like to be reclassified to. He believes he is working in a capacity of a higher level Maintenance Worker position or a newly created position in Forestry which is unidentified.

ATTACHMENT 1
Council Regular Meeting, 10/4/2022, Item No. 10., Item Page 5, Packet Page 59 Munoz Reclassification Request Response
May 6, 2022

Page 2 of 4 ends

To support the request, Mr. Munoz provides a list of duties and responsibilities that he believes are not within his job description, including, but not limited to:
● Forestry maintenance City Wide, Presidio Fort Ord and Ryan Ranch including greenbelts, easements, walking trails, fire roads
● Operating aerial bucket truck
● Install and remove banners
● Install traffic signs
● Install light shields and light pole banners
On January 10, 2022, we held a reclassification meeting with myself, Mr. Munoz, Ryan Heron, GEM representative, and Gina Russo, Deputy Human Resources Manager. Mr. Munoz explained his employment history moving from the Parks Division to Streets and his previous attempts at reclassification. Given his background, he felt that he was often performing work outside the Streets Division, specifically with Forestry duties. He also explained that he is the only Maintenance Worker operating the aerial bucket truck, even though this duty should be rotated.

Finally, he felt that it was unsafe for him to work alone on the aerial bucket truck and that he hadn’t received safety training for the bucket truck in many years.

III. Human Resources Review and Recommendation
Based on the MOU, the Human Resources Director is to respond to the request within 90 days of submission with a recommendation to the City Manager and City Council to approve or deny reclassification. Per mutual agreement between GEM and the City, the timeline was held in abeyance due to scheduling conflicts.

After a thorough review of the request, job descriptions, a discussion with Mr. Munoz and his bargaining representative, and a discussion with the Department Director, Street & Utilities Operation Manger, and Park Operations Manager, I am not recommending the reclassification request for the reasons stated below.

The job description for the Streets Maintenance Worker provides the following essential functions:
● Prepare surfaces for paving; breaks up paved surfaces; participates in digging, widening, and backfilling trenches and other excavations;
● Uses jackhammer, and a variety of hand tools, in exposing broken sewer mains and storm drain lines;
● Assist in the repair of leaks in sewer mains and in the replacing of broken lines with various types of pipe; cuts and fits pipe;
● Install sign posts, meter posts, street name signs, directional and regulatory signs; operates and assists in the operation of the Hydraulic Sewer Jet Machines, power sewer rodder, and bucket machines in the cleaning of sewer and storm drains; ATTACHMENT 1
Council Regular Meeting, 10/4/2022, Item No. 10., Item Page 6, Packet Page 60 Munoz Reclassification Request Response
May 6, 2022

Page 3 of 4 ends

● Assist in the preparation of street potholes for patching with asphalt; ● Assist in installing forms for concrete curb and gutter and in pouring and finishing concrete; ● Assist in pavement marking; drives dump trucks in transporting street and sewer maintenance supplies;
● Load and unload trucks;
● Cleans mechanical equipment;
● Operates power driven compaction equipment in street and sewer construction; performs stand-by duty on a regularly scheduled basis.
● Support the relationship between the City of Monterey and the general public by demonstrating courteous and cooperative behavior when interacting with citizens, visitors, and City staff.
● Maintain confidentiality of work-related issues and City information. ● Perform other job-related duties within the scope of this job classification as assigned.

Based on these duties, it does seem that many of the duties provided to support the reclassification request are already included within his current job description. The reclassification process was negotiated between the City and GEM to include reclassification for “significant permanent changes in job content or significant discrepancies between job content and classification description.” Based on his statement, Mr. Munoz has been performing these duties for nine years. However, these duties are encompassed by the classification description for Streets Maintenance Worker.

Additionally, the department/division also does not support this request and disputes the percentage of time listed by Mr. Munoz as 40% routine forestry maintenance, 40% routine streets maintenance and 20% routine operation of the aerial bucket truck. It was explained to me that the majority of Mr. Munoz’s work is related squarely within his classification description. Further, the City contracts with a service to do the majority of tree work and decoration installation. Mr. Munoz has been instructed that he is not expected nor meant to perform Forestry work and that he needs to acquire supervisor approval for any work of that nature. I was also informed that hanging banners is assigned on a very infrequent basis. In addition to Mr. Munoz having the skills to accomplish this infrequent duty, it is also assigned to him because he has an accommodated work schedule that has him arrive when the crews have already been dispersed. Therefore, logistically, it makes sense for him to complete this duty when assigned. We are in agreement that the aerial bucket truck should require at least two employees present during operation of the truck, which is the current practice. The bucket truck assignment has also been divvied up to other employees in the Division so that the duty is not solely on Mr. Munoz.

For the reasons stated above, I will not be recommending a reclassification from Streets Maintenance Worker to a higher level Streets position or to a new created Forestry position to the City Manager and City Council.

IV. Employee Option to Provide Rebuttal
ATTACHMENT 1
Council Regular Meeting, 10/4/2022, Item No. 10., Item Page 7, Packet Page 61 Munoz Reclassification Request Response
May 6, 2022

Page 4 of 4 ends

In accordance with the process in the GEM MOU Section 29, you and GEM may submit a rebuttal to the City Manager and City Council for review. I will plan to send this recommendation with any rebuttal received to the City Manager by May 20, 2022. If you need more time to submit a rebuttal, please let me know.

ATTACHMENT 1
Council Regular Meeting, 10/4/2022, Item No. 10., Item Page 8, Packet Page 62 Date: May 20, 2022
To: Hans Uslar
City Manager,
City of Monterey, CA
Mayor Roberson and Members of the City Council,
City of Monterey, CA
From: Ryan Heron, LIUNA 792 / GEM Representative
RE: Rebuttal to reclassification request denial letter dated May 6, 2022 Dear Mr. Uslar, Mayor Roberson, and Members of the City Council, This letter is being sent on behalf of General Employees of Monterey (GEM) member and City of Monterey Street Maintenance Worker Eleazar Munoz. In a letter dated May 6, 2022, Mr. Munoz was informed by Human Resources Director Allyson Hauck that his request for reclassification was being denied. Per the reclassification process that we negotiated into the GEM MOU, we are submitting this rebuttal letter and asking you to overrule the initial denial made by the HR Department.

In the May 6 letter, Ms. Hauck explains that the request was denied due to the fact that the duties Mr.

Munoz is performing are already included within his job description. We disagree with that finding. Mr.

Munoz is consistently working outside of the classification of Street Maintenance Worker. In fact, Mr.

Munoz spends very little of his daily activities performing the duties that are listed in the bullet points included by Ms. Hauck in her May 6
th letter. Mr. Munoz spends a great deal of his time PE:rforming forestry work. He also spends a large portion of his time performing work in the aerial bucket truck.

Neither of these duties are encompassed in the regular duties of Street Maintenance Worker. Mr.

Munoz is often assigned this work not because of his schedule accommodations, but because of his background as a Lead Worker with the City forest crew (he was laid off in 2010 when forestry work was contracted out to a third party).

The Street Maintenance Worker job descriptions states as follows:

SUMMARY: Under supervision, to perform a variety of semi-skilled and manual tasks in the maintenance and repair of streets, service lines and mains, and related public works; and to do related work as required.

DISTINGUISHING CHARACTER/ST/CS: This is the entry level class in the Street Maintenance series. The Street Maintenance Worker class is distinguished from the Senior Street Maintenance by the performance of less than the full range of duties assigned to the latter. Incumbents work under general supervision.

ATTACHMENT 2
Council Regular Meeting, 10/4/2022, Item No. 10., Item Page 9, Packet Page 63 ATTACHMENT 2
Council Regular Meeting, 10/4/2022, Item No. 10., Item Page 10, Packet Page 64 ATTACHMENT 2
Council Regular Meeting, 10/4/2022, Item No. 10., Item Page 11, Packet Page 65 ATTACHMENT 2
Council Regular Meeting, 10/4/2022, Item No. 10., Item Page 12, Packet Page 66 ATTACHMENT 2
Council Regular Meeting, 10/4/2022, Item No. 10., Item Page 13, Packet Page 67 ATTACHMENT 2
Council Regular Meeting, 10/4/2022, Item No. 10., Item Page 14, Packet Page 68 ATTACHMENT 2
Council Regular Meeting, 10/4/2022, Item No. 10., Item Page 15, Packet Page 69 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). Continued from September 20, 2022.

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, 10/4/2022, Item No. 11., Item Page 1, Packet Page 70 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 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, 10/4/2022, Item No. 11., Item Page 2, Packet Page 71

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, 10/4/2022, Item No. 11., Item Page 3, Packet Page 72 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, 10/4/2022, Item No. 11., Item Page 4, Packet Page 73 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.

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

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the 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, 10/4/2022, Item No. 11., Item Page 5, Packet Page 74 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, 10/4/2022, Item No. 11., Item Page 6, Packet Page 75 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, 10/4/2022, Item No. 11., Item Page 7, Packet Page 76 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, 10/4/2022, Item No. 11., Item Page 8, Packet Page 77 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, 10/4/2022, Item No. 11., Item Page 9, Packet Page 78 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, 10/4/2022, Item No. 11., Item Page 10, Packet Page 79 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, 10/4/2022, Item No. 11., Item Page 11, Packet Page 80 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, 10/4/2022, Item No. 11., Item Page 12, Packet Page 81 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, 10/4/2022, Item No. 11., Item Page 13, Packet Page 82 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, 10/4/2022, Item No. 11., Item Page 14, Packet Page 83 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, 10/4/2022, Item No. 11., Item Page 15, Packet Page 84 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Janna Aldrete, Property Manager
SUBJECT: Receive Presentations from Mark Gilbert Enterprises and San Pedro Fish Market on Proposals Submitted to Lease the Property Located at 30 Fisherman’s Wharf (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council receive presentations from Mark Gilbert Enterprises and San Pedro Fish Market.

VALUE DRIVER:

POLICY IMPLICATIONS:

City Council consideration of the 30 Fisherman’s Wharf proposals received as a result of marketing efforts is consistent with the City’s efforts to lease vacant property.

FISCAL IMPLICATIONS:

There are no fiscal implications with receiving presentations from the proposers.

ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 CEQA Guidelines Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

ALTERNATIVES CONSIDERED:

The City Council could decide to not receive presentations from the proposers. This is not recommended by staff. Receiving presentations from the proposers provides the City Council the opportunity to hear the business concepts and experience firsthand from each proposer.

Date: 10/4/2022
Item No.: 12.

Council Regular Meeting, 10/4/2022, Item No. 12., Item Page 1, Packet Page 85 DISCUSSION:

The City entered into a contract with Advisors Real Estate Asset Services California to assist with the development of a leasing package and marketing efforts. The leasing package was released June 2, 2022 and offers were due August 5, 2022. A copy of the leasing package can be found here.

Two proposals were submitted by the August 5th deadline. Mr. Mark Gilbert submitted a proposal for a full-service restaurant and gift shop. A proposal was submitted by San Pedro Fish Market for a fresh seafood market with customizable seafood trays, a fast-casual counter, and a full-service restaurant.

The two proposers have been invited to make a 5 to 10 minute presentation to the City Council on the proposed uses of the property.

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e: Wendy Brickman, Fisherman’s Wharf Association
Scott Choppin, Urban Pacific
Sarah Cuban, Wald Ruhnke & Dost
Mark Gilbert, Mark Gilbert Enterprises, Inc.

Monterey City CouncilOctober 4, 2022

Monterey City Council
October 4, 2022