Council Chamber, 580 Pacific
St., and Zoom Teleconference
Monterey, California
Monterey City Council
Special Meeting Agenda
Council Special Meeting
Wednesday, November 16, 2022
3:00 PM
City Council
Clyde Roberson, Mayor
Alan Haffa, Councilmember
Ed Smith, Councilmember
City Manager
Hans Uslar
IMPORTANT NOTICE: Pursuant to California Government Code section 54953(e)(1)(A) and (C) and the Monterey City Council’s resolution authorizing virtual participation in public meetings given the COVID-19 pandemic, meetings of the Monterey City Council and its Boards, Commissions, and Committees are being conducted with a hybrid format providing both inperson and virtual (electronic) participation in order to promote social distancing and protect the health and safety of attendees.
Details for public participation in this City Council meeting:
BEFORE THIS MEETING, members of the public may submit comment(s) to [email protected] until ½ hour before the start of the meeting. These messages will not be read aloud during the meeting but are made available to the Council and public at monterey.org/submitted-comments and in the City Manager’s Office at 580 Pacific St., Room 1, Monterey, CA 93940 during regular business hours. All comments received become part of the record.
DURING THIS MEETING, members of the public may attend and participate:
o In-person (location listed above), with masks REQUIRED for all, regardless of vaccination status, except those who are younger than two years old or have a medical condition that prevents wearing a mask.
Online via ZoomGov Webinar live (no time delay):
Join on a computer or smartphone: https://montereyorg.zoomgov.com/j/1613844440 An up-to-date version of the Zoom software must be used.
Or join by telephone: Dial 833-568-8864 (Toll Free), 669-254-5252 (Campbell, Calif.) or 646-828-7666 (New York, NY). If one number doesn’t work, please try another.
Enter Webinar ID: 161 384 4440 #
If prompted to enter a participant ID, press #
To “raise your hand” dial *9. Once called upon, dial *6 to unmute. Need more help using or updating Zoom? Read our ZoomGov Meeting Instructions.
o This meeting will also stream live for viewing only on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90 second delay).
CALL TO ORDER
PLEDGE OF ALLEGIANCE
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
11/16/2022 3:00:00 PM
2 1. October 26, 2022 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
2. November 1, 2022 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Ordinances
ORDINANCES are legislative acts by the Council, are the most permanent and binding type of Council action as they modify the City Code, and may be replaced only by a subsequent ordinance. An ordinance requires legal advertisement when introduced, and two readings at separate Council meetings. An ordinance is considered "passed to print" when approved for a second reading, and is "passed and adopted" when given final approval by the Council.
3. 2nd Reading by Title Only of an Ordinance to Repeal and Replace Sections 9-0.1, 9-0.2 and 9-2 of Chapter 9 and Sections 13-0.1, 13-0.2, and 13-0.3 of Chapter 13of the Monterey City Code, Amending Chapters 9 and 13, and Adopting the 2022 California Building Standards Code, including the 2022 California Building Code and Appendices H, I, and J, the 2022 California Historic Building Code, the 2022 Existing Building Code, the 2022 California Residential Code, the 2022 California Plumbing Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Green Building Standards Code, the 2022California Fire Code, the 2022 California Energy Code, and the 2021 International Property Maintenance Code (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Resolutions
RESOLUTIONS are passed to express the policy of the Council on certain items or programs, or are passed to direct certain types of administrative action. A resolution may be changed by adoption of a subsequent resolution. Resolutions only require one reading and are approved when "passed and adopted."
4. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period December 2, 2022 through December 16, 2022 Pursuant to AB361 Ralph M. Brown Act Provisions (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
***End of Consent Agenda***
Adjourn to Successor Agency of the Redevelopment Agency Meeting: Consent Agenda
5. Adopt a Resolution Dissolving the Successor Agency of the Redevelopment Agency of the City of Monterey Pursuant to Health and Safety Code Section 34187(b) (Exempt from CEQA Section 15061(b)(3)
***Adjourn to Council Meeting***
ADJOURNMENT
11/16/2022 3:00:00 PM
3 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." Comment may be made via the method described in the Important Notice (re: COVID-19) at the top of the agenda.
Writings distributed for discussion or consideration on these matters within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, are available at: monterey.org/submitted-comments and in the City Manager’s Office at 580 Pacific St., Room 1, Monterey, CA 93940 during regular business hours.
Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose.
City Council Meetings are cable cast live and videotaped 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 communication-related assistance, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-tospeech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate use of a device.
Upcoming city meetings are listed at http://isearchmonterey.org More information is available by calling (831) 646-3935
MINUTES
CITY COUNCIL SPECIAL MEETING
CITY OF MONTEREY
Wednesday, October 26, 2022
4:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST., AND ZOOM TELECONFERENCE
MONTEREY, CALIFORNIA
Councilmembers
Present: Albert, Haffa, Smith*, Williamson (arrived at 4:08 p.m., Roberson
Absent: None
* Attended by teleconference
City Staff
Present:
City Manager, Assistant City Manager, City Attorney, Community Development Director, Parks and Recreation Director, Public Works Director, City Clerk, Administrative Analyst (Housing)
CALL TO ORDER
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. 22-134 C.S.
Mayor Roberson called the meeting to order at 4:03 p.m. City Clerk Klein explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance. She called the roll with Councilmembers Albert and Haffa and Mayor Roberson present in the Chamber, Councilmember Smith present by teleconference, and Councilmember Williamson absent. Councilmember Williamson arrived at 4:08 p.m.
STUDY SESSION
1. Climate Change - Update (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Received update
Sustainability Manager Terrasas, Community Development Director Cole, and Public Works Director Renny gave the staff report. It was stated that staff will be seeking decisions in the future on whether to pursue Window of the Bay Phase II, and on planning for sea level rise impacts to the coastline and low-lying areas susceptible to flooding.
Public comment was received from Esther Malkin, who said there is a need to address both traffic congestion on North Fremont, and the affordability of sustainability initiatives; Beth Fabinsky, who recommended that the Climate Action Plan be revised to define actions with specifics such as responsible parties and cost; Mike Clancy, Citizens' Climate Lobby, Monterey Chapter, who said that more progress is needed to provide electric vehicle charging stations and that the City can set an example for the rest of California; Tom Rowley, who encouraged the Council's efforts and echoed Ms. Malkin in stressing that renters and retirees may not be able to afford sustainable options; Jody Emerson, who asked if the City can support residents in requesting that HOAs support conversions to more renewable alternatives; and Gabe Sanders, LandWatch Monterey County, who encouraged the City to take advantage of LandWatch's support and said what can be done must be done as soon as possible.
Date: 11/16/2022
Item No.: 1.
Council Special Meeting, 11/16/2022, Item No. 1., Item Page 1, Packet Page 4 City Council Minutes October 26, 2022
2 Sustainability Manager Terrasas, Community Development Director Cole, and Public Works Director Renny answered Councilmembers' questions.
On recommendation from City Attorney Davi, Mayor Roberson reopened public comment.
Additional comment was received from Beth Fabinsky, who suggested additional available funding for EV charging for multi-family housing; Mike Clancy, who urged the Council to take a very long range view for future generations; and Tom Rowley, who noted that most of the coast of California will have sanctuaries and encouraged the City Council to keep up their good work.
It was stated by the Council that much more electric vehicle (EV) charging stations are and will be needed and that the City should focus on that as well as creation of incentives and infrastructure. It was noted that the move to electric vehicles is not changing the focus on individual vehicles as a main transportation method. It was stated that beach replenishment should be monitored on an annual basis. It was stressed that housing affordability and housing the workforce should be included in discussions about climate action. It was observed that transportation is the largest cause of greenhouse gas emissions. It was encouraged that the City do more as an organization of practicing what it preaches. It was stated that pedestrian and cycling infrastructure improvement is needed.
ADJOURNMENT
The Council adjourned at 6:02 p.m.
Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
City Clerk Mayor
Council Special Meeting, 11/16/2022, Item No. 1., Item Page 2, Packet Page 5
MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF MONTEREY
Tuesday, November 1, 2022
4:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST., AND ZOOM TELECONFERENCE
MONTEREY, CALIFORNIA
Councilmembers
Present: Albert, Haffa, Smith, Williamson (arrived at 4:07 p.m.), Roberson
Absent: None
City Staff
Present:
City Manager, Assistant City Manager, City Attorney, Community Development Director, Parks and Recreation Director, Finance Director, Fire Chief, Public Works Director, City Clerk, Property Manager, Building Official, Associate Civil Engineer, Cemetery Coordinator, Police Lieutenant, Sustainability Coordinator, Senior Accountant, Senior Engineer, Deputy Human Resources Manager, Harbormaster
***Afternoon Session Agenda Only***
This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act, Calif. Government Code section 54953(e)(1)(C) and Resolution No. 22-134 C.S.
CALL TO ORDER
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 Councilemmbers Albert, Haffa, and Smith and Mayor Roberson present in the Council Chamber, and Councilmember Williamson absent. Councilmember Williamson arrived in the Chamber at 4:07 p.m.
PLEDGE OF ALLEGIANCE
Mayor Roberson led the Pledge.
PUBLIC COMMENTS
Public comment on non-agendized matters was received from: Peter Skinner, Bob Faulis, Marlana Brown, Nina Beety, and Esther Malkin. Several individuals spoke on the closed session items, as reflected in that section of these minutes.
CONSENT ITEMS
Public Works Director Renny answered Councilmembers' questions on Item 2, and Sustainability Manager Terrasas answered Councilmembers' questions on Item 5.
Public comment on the Consent Items was received from Nina Beety, who spoke regarding Item 8, requesting that the City require a plan to be submitted before action is taken on this proposal, stating that projects outlined in the agenda report will affect the environment, and that understory "fuel" is habitat.
Date: 11/16/2022
Item No.: 2.
Council Special Meeting, 11/16/2022, Item No. 2., Item Page 1, Packet Page 6 City Council Minutes November 1, 2022
2 On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS:
AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Approval of Minutes
1. October 18, 2022 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Approved
Award of Construction Contracts
2. Award a Construction Contract in the Amount of $3,248,666 to Precision Grade, Inc. for the Marina Parking Lot Improvement Project (CIP2005) (Exempt from CEQA, Article 19, Section 15302, Class 2) ***CIP***
Action: Adopted Resolution 22-142 C.S.
Ordinances
3. 1st Reading by Title Only of an Ordinance to Repeal and Replace Sections 9-0.1, 9-0.2 and 9-2 of Chapter 9 and Sections 13-0.1, 13-0.2, and 13-0.3 of Chapter 13of the Monterey City Code, Amending Chapters 9 and 13, and Adopting the 2022 California Building Standards Code, including the 2022 California Building Code and Appendices H, I, and J, the 2022 California Historic Building Code, the 2022 Existing Building Code, the 2022 California Residential Code, the 2022 California Plumbing Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Green Building Standards Code, the 2022California Fire Code, the 2022 California Energy Code, and the 2021 International Property Maintenance Code (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)
Action: Passed Ordinance to Print
Resolutions
4. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period November 4, 2022 through December 1, 2022 Pursuant to AB361 Ralph M. Brown Act Provisions (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Adopted Resolution 22-143 C.S.
5. Adopt a Resolution to Execute a Memorandum of Understanding (MOU) for FY 2022-2023 Between the Monterey Regional Waste Management District (MRWMD) and Member Agencies Regarding Compliance with Senate Bill 1383 and Authorize the City to Pay Up To $65,377.04 to the MRWMD (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution 22-144 C.S.
Council Special Meeting, 11/16/2022, Item No. 2., Item Page 2, Packet Page 7 City Council Minutes November 1, 2022
3 6. Adopt Resolution Ratifying the Purchase of 565 English Avenue #5 and Adding the Unit to the City’s Affordable Housing Inventory (Not a Project Under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution 22-145 C.S.
7. Accepting the Transfer of the Property Located at 300 Pacific Street from the Successor Agency of the Redevelopment Agency of the City of Monterey to the City of Monterey and Take Related Actions (Exempt from CEQA Section 15061(b)(3))
Action: Adopted Resolution 22-146 C.S.
8. Award a Professional Services Agreement in an amount not to exceed $99,597.50 for the development of a Community Wildfire Protection Plan (CWPP) to Dudek, authorize a 10% contingency, and authorize the City Manager to enter into an agreement with the cities of Pacific Grove and Carmel-by-the-Sea to share in the cost of the CWPP. (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Adopted Resolution 22-147 C.S.
9. Authorize the City to Buyback Eight (8) Cemetery Lots in the Amount of $20,234 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution 22-148 C.S.
*** End of Consent Agenda ***
PUBLIC APPEARANCE
10. Receive a Report and Provide Direction to Staff on the Process for Filling the City Council Vacancies (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) / Recibir un informe y proporcionar instrucciones al personal sobre el proceso para llenar las vacantes del Consejo Municipal (No es un proyecto bajo CEQA según el Artículo 20, Sección 15378 y la Regla General, Artículo 5, Sección 15061) Action: Directed staff to open an application process, consisting of an application based on the current board and commissions application (modified to reflect the Council vacancy, including outside appointment responsibilities), and including the requirement to collect twenty (20) nominating signatures of registered voters living in the City of Monterey at-large, and to present the qualified applications to the newly seated Council in December for consideration and interviews
City Clerk Klein made the staff presentation and answered Councilmembers' questions.
Public comment was received from: Kent Glenzer, who urged the Council to form an ad hoc citizens committee to fill the vacancy; Esther Malkin, who echoed Mr. Glenzer's comments and encouraged the Council to appoint someone from an area not yet represented as a district; Jean Rasch, who agreed with the concept of putting the decision out to the community or suggested that alternatively the new Mayor should appoint; and Tom Rowley, who echoed Ms.
Malkin's suggestion regarding the need for representation and asked the Council not to complicate the process.
The Council discussed the matter and considered the various options before them. It was noted that ideally, a matter like this would go to the voters in an election, but that the Charter's requirements are clear and that the Charter-imposed timeline is tight for the Council to appoint to fill the vacancy. The Council expressed a preference for staff's "option A," whereby an application process would be opened immediately upon the November 9, 2022 date of the vacancy, enabling the newly seated Council in early December to have a more reasonable Council Special Meeting, 11/16/2022, Item No. 2., Item Page 3, Packet Page 8 City Council Minutes November 1, 2022
4 amount of time to evaluate applicants and appoint prior to the December 19, 2022 deadline (after which the Mayor would appoint, per Charter section 2.5). It was expressed that requiring signatures as is done in the elective candidacy process would show a level of commitment from the applicants.
On consensus, the Council determined that it was not necessary to appoint to fill the vacancy left by Councilmember Williamson, as it would be filled in a few weeks' time by unopposed District 1 candidate Dr. Kim Barber. It was noted that it would be appropriate for Dr. Barber to begin her elected position in the ceremonial way on the special night of the election certification and swearing-in.
A motion was introduced by Councilmember Haffa, and seconded by Councilmember Smith, to direct staff to open an application process, consisting of an application based on the current board and commissions application (modified to reflect the Council vacancy, including outside appointment responsibilities), and including the requirement to collect twenty (20) nominating signatures of registered voters living in the City of Monterey at-large, and to present the qualified applications to the newly seated Council in December for consideration and interviews.
The Council discussed the motion. It was noted to the public who had asked for a citizen committee that the Charter does not allow that as an appointment method and that this process is normalized to be similar to what the elected Councilmembers and Mayor undertaken done in the process to become elected. It was stated that a two-year term is a significant and serious appointment to make and that the Council desired to make the process as similar to the elective candidacy process as possible.
Assistant City Manager Rojanasathira stated that staff, in coordination with City Attorney Davi, suggested an application deadline of November 28, 2022 at 12 p.m. noon, and the Council agreed on consensus.
The motion carried by the following vote:
AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
COUNCIL COMMENTS
Councilmember Smith shared anecdotes of his recent attendance with Councilmember Albert of the Rock and Rod car show. He reported from a recent Transportation Agency for Monterey County (TAMC) board meeting and stated that an Environmental Impact Review (EIR) process was underway that would impact and improve highways 68, 156, and 101, funded in part by Measure X, State funding, and grants.
Councilmember Williamson reported from a recent Monterey One Water (M1W) meeting, explaining that M1W was moving forward with bids for the construction of the Pure Water Monterey expansion project. He said that approval from CPUC was expected later in the week and bids may be released within the month.
Councilmember Albert shared more information on the Rock and Rod show, explaining that it raises funds for the nonprofit Gateway Center in Pacific Grove. He stated that he attended Council Special Meeting, 11/16/2022, Item No. 2., Item Page 4, Packet Page 9 City Council Minutes November 1, 2022
5 Monterey Peninsula College's 75th Anniversary event. He asked to close the meeting in memory of Robert Reid, former City Forester.
Councilmember Haffa encouraged everyone to exercise their right to vote.
CITY MANAGER REPORTS
City Manager Uslar shared that a new holiday event page and a page helping Ukrainian residents and refugees had gone live on the City website. *** Adjourn to Closed Session (See additional agenda) *** Public comment on closed session items was received from: Mike Clancy, Citizens Climate Lobby of Monterey County, who spoke in favor of placing Tesla supercharger stations at the Wharf parking lot; Chris Shake, Wendy Brickman, Fisherman's Wharf Association, and Tom Rowley, all of whom spoke against putting chargers at the Wharf due to the location; and Esther Malkin, who cited concerns relating to Tesla ownership and elitism while others struggle.
The Council adjourned to closed session at 5:36 p.m. in memory of former City Forester Robert Reid.
ANNOUNCEMENTS FROM CLOSED SESSION
cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: S/E Corner of Waterfront Parking Lot
Agency Negotiators: Janna Aldrete
Negotiating Parties: John Lord (Tesla, Inc.)
Under Negotiation: Price and Terms of Payment for New License Agreement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a roll-call vote of 3-2 (Councilmembers Albert and Smith voting no), the Council gave confidential direction to its real property negotiator cs2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Brette Neal and Gina Russo; Monterey Fire Fighters Association (MFFA) and Police Lieutenants' Management Association (PLMA) (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote, the Council gave confidential direction to labor negotiators
ADJOURNMENT
The Council adjourned at 6:43 p.m.
Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
City Clerk Mayor
Council Special Meeting, 11/16/2022, Item No. 2., Item Page 5, Packet Page 10 ORDINANCE NO. ____ C.S.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22
REPEALING AND REPLACING SECTIONS 9-0.1, 9-0.2 AND 9-2 OF CHAPTER 9 AND SECTIONS 13-0.1, 13-0.2, AND 13-0.3 OF CHAPTER 13 OF THE MONTEREY CITY CODE, AMENDING CHAPTERS 9 AND 13, AND ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE, INCLUDING THE 2022 CALIFORNIA BUILDING CODE AND APPENDICES H, I, AND J, THE 2022 CALIFORNIA HISTORIC BUILDING CODE, THE 2022 EXISTING BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA MECHANICAL CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA FIRE CODE, THE 2022 CALIFORNIA ENERGY CODE, AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:
SECTION 1:
WHEREAS, the City intends to adopt parts of the California Building Standards Code, including the 2022 editions of the California Building Code, Residential Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code, Historical Building Code, Green Building Standards Code, Existing Building Code, Energy Code, and the 2021 edition of the International Property Maintenance Code, except as otherwise provided herein in Chapters 9 and 13 of the Monterey City Code;
WHEREAS, pursuant to sections 17958, 17958.5 and 17958.7 of the California Health and Safety Code, the City, before making modifications or changes to the California Building Standards Code, must make an express finding that such modifications or changes are reasonably necessary because of local climatic, geological, or topographical conditions; WHEREAS, the Monterey City Council finds that a departure from the California Building Standards Code is reasonably necessary to provide specific and greater protections to the public health, safety, and welfare than afforded by the California Building Standards Code due to local climatic, geographical, or topographical conditions; WHEREAS, the Monterey City Council hereby finds as follows:
The City has established specific amendments that are more restrictive in nature than those sections contained in the State Building Standards Code, commonly referred to as Title 24 of the California Code of Regulations. The City submits these "Findings of Fact" and incorporates them as a part of this Ordinance pursuant to Sections 18941, 17958.5 and 17958.7 of the California Health and Safety Code. Under provisions of the California Health and Safety Code, local amendments shall be based on climatic, geographical, or topographical conditions. The Findings of Fact contained herein shall address each of these situations and shall present the local situation, which either singularly or in combination causes the established amendments to be adopted.
Profile of the City of Monterey:
Date: 11/16/2022
Item No.: 3.
Council Special Meeting, 11/16/2022, Item No. 3., Item Page 1, Packet Page 11 2 The City of Monterey encompasses an area of 8.62 square miles of land and 3.47 square miles of water, with an estimated resident population of 29,874 as of 2021. (Source:
U.S. Census Bureau) Due to the significant visitor population to the City of Monterey, the actual population is considered by many studies to exceed 70,000 during a given daytime period. The City of Monterey borders the Cities of Pacific Grove, Seaside, and Del Rey Oaks, as well as unincorporated Monterey County, the Monterey Peninsula Airport District, and the Monterey Bay.
The placement of the residential and commercial development is restricted not just by political boundaries, but by geological features such as the bay, ridges, foothills, mesas, and canyons.
Throughout the City of Monterey are major roadways and highways that create barriers.
Other barriers considered are the military facilities and federal enclaves, which include the United States Army Garrison Presidio of Monterey, Naval Support Activity Monterey (United States Naval Postgraduate School), and the United States Coast Guard Station Monterey.
Climatic I: The climate weather patterns within the City of Monterey are moderately affected by Monterey Bay. The normal year's rainfall is approximately eighteen to nineteen (18- 19) inches. Summer conditions create the mid-day fog normally associated with Monterey. This climatic fog assists the natural vegetation to grow.
Later in the year, the winds and drying vegetation mix to create a hazardous fuel condition that can cause grassland and brush land fires. While normal temperatures usually do not exceed 75 to 80 degrees Fahrenheit, during late summer and early fall (August through October), the temperatures can climb to 100 degrees Fahrenheit or more in Monterey County.
The afternoon winds can move a fire quickly in the hillsides and canyon areas into Monterey.
The City of Monterey (like other California cities) has experienced water supply issues in recent years due to drought conditions. Unfortunately, the situation is more severe in Monterey due to the State of California’s Cease and Desist Order regarding water connections.
Due to storage capacities and consumption, as well as climatic conditions, limited water resources are an issue. While sound management of the water resources is possible, actual demands on an already stressed water supply can most assuredly be predicted.
Climatic Il: The region is within a climate zone that requires compliance with energy efficiency standards for building construction. The amendment adds up-to-date design standards that will add to energy efficiency in construction while maintaining nationally recognized health and safety standards.
Geographical I: Residents and visitors alike appreciate the scenic appeal and geographical features of the City of Monterey. The mountains and canyons accentuate one another as they wind around the City. The forest creates a beautiful backdrop for the City.
These geographical and vegetative features established the community's physical layout and created areas for roadways and building sites to be created. The unique geography also creates barriers to accessibility for fire suppression forces.
The forested areas of oak and pines create windbreaks from oncoming winds while producing fuel from the annual fall leaves, which drop to the ground, as well as from decayed trees and branches. The dry vegetation, mountainous terrain, and minimal water available tend to cause concern and added fire problems.
Council Special Meeting, 11/16/2022, Item No. 3., Item Page 2, Packet Page 12 The City of Monterey has within its boundaries potentially active seismic hazards with respect to the "Navy," "Berwick Canyon," "Chupines" and "Seaside" faults. While systems have been developed to study and monitor the activity of earthquakes, science has not yet been able to predict (with reliability) the potential for activity on these or any active fault.
Seismic activity within the City occurs periodically with little or no damage, although the real potential for damage does exist with these four active faults. New construction may be limited by its respective distance to such faults, and the replacement of existing structures could be costly.
The geographical layout of the forested areas creates hazardous conditions when a storm of gale-force winds causes trees to fall onto roadways used for access by Fire Department equipment and personnel. The growing pattern and inherent nature of the Monterey Pines lend themselves to being blown over easily. This is due in part to the shallow root system associated with the Monterey Pine tree. Mountains and hills surrounding and within the City of Monterey create slopes in excess of 30% with an overall average of between five to ten percent throughout. The City of Monterey's elevation ranges from sea level to 600 feet above sea level. The elevation change caused by the mountains and hills creates the geographical foundation on which the City has built and will continue to build. With much of the flatlands already built upon, it can be anticipated that future growth will occur on steeper slopes and with greater contrasts in terrain.
Geographical Il: The region is located in an area of high seismic activity, as indicated by United States Geological Survey and the California Department of Conservation. Recent earthquake activity has indicated that the lack of flexibility of materials and/or building systems has been a contributing factor to damages that jeopardize the safety of building occupants and increase the cost of structure rehabilitation. Seismic activities have shown the need for increased levels of safety in building systems, including but not limited to means of egress, wiring systems, and fire protection systems.
Topographical: Mountains, hills, canyons, lakes, and streams dissect the City.
The water supply (domestic and fire flow) system is directly affected by the topographic layout. The distribution system consists of water lines that carry the water from storage tanks to the public via pipes. These street mains create lift zones where the pressure and flows are adequate at lower elevations and minimal. At higher elevations, water supply can be critical.
Water supplies within the City of Monterey vary from less than 250 gallons per minute to flows exceeding 5,500 gallons per minute. This wide variation causes challenges for development, as well as fire suppression forces.
The roadway system is designed around the city's topography with respect to narrow and steep grades. The grades on some roadway surfaces exceed 25% and widths of less than twelve (12) feet for access are not uncommon. Due to traffic congestion on many streets, especially the commercial downtown area and New Monterey and Cannery Row areas, vehicles double park for loading and unloading purposes. This creates barriers that may reduce response times of fire resources.
The topography also restricts construction to the level portions of the City with higher concentrations of building in these areas. The existing structures are being removed and replaced with larger buildings. Those existing structures remain a cause of concern to the Fire Department because of their lack of adequate fire protection (firewalls, fire extinguishing systems, etc.). The hazard exposure created by these structures poses a separate and significant challenge.
Council Special Meeting, 11/16/2022, Item No. 3., Item Page 3, Packet Page 13 4 It is not uncommon to see a single or two-story building torn down and replaced with a two-, three- or four-story building. For practical and cost reasons, these new structures are built of wood (Type V). The potential for conflagration exists with the high build-out of the various specific areas of Monterey. The concentrated commercial, as well as residential occupancies, cause concern regarding the exposure elements of building-to-building and building-tograssland areas of this City.
The topographical nature of Monterey also lends itself to power failures caused when trees and tree limbs damage sections of electrical transmission lines. These power failures cause the electrical pumps to become inactive, interrupting water supplies. Vehicular accidents also have been known to interrupt this pumping operation due to the narrow streets, which are congested with residents and visitors.
The encouragement of greenbelts between various subdivisions of the City has given rise to brush and grass fires for many years. The existing canyons cause natural barriers and delay response time due to complex roadways.
The natural rocky shorelines of Monterey create a situation by which access to the building can only be made from the street. The front of the building is essentially the only access point for responding firefighters. Built property-line to property-line, these structures create an element of the construction of nearly nine blocks of continuous construction.
Residential as well as commercial occupancies can be found along the entire shoreline of Monterey Bay.
A harbor, flanked by wharves (Municipal Wharf One and Municipal Wharf Two) and piers creates an interesting fire problem due to the confinement of hundreds of boats and other vessels (413) within a small area. The problems associated with firefighting within a marine environment cause concern and create unique situations (access, water/fuel, etc.), which must be addressed as an everyday fire problem.
Lastly, while possibly not being within the "topographical" context of Findings of Fact, the City's historical significance is a major draw for visitors. Construction methods were also less restrictive than would be required today. These structures and settings create barriers, which firefighters must work around and protect from exposure. Forty-four to fifty historical buildings, dating back to the early 1800s are irreplaceable.
These Findings of Fact, which identify the various "climatic, geographical, and topographical" conditions, are reasonably necessary to modify aspects of the California Building Standards Code based on local conditions.
While it is clearly understood that the adoption of these regulations may not prevent the incidence of fire or building-related accidents, implementation of these various regulations and/or requirements may serve to reduce the severity and potential loss of life and property; 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, CEQÄ 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 Special Meeting, 11/16/2022, Item No. 3., Item Page 4, Packet Page 14 Because the matter, adoption of State-mandated building safety codes traditionally seen as ministerial actions, does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability; and NOW THEREFORE, the Monterey City Council declares as follows:
SECTION 2: The above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
SECTION 3: Monterey City Code Chapters 9 and 13 are hereby amended replacing all instances of “Uniform” with “California”
SECTION 4: Section 9-0.1 of the Monterey City Code is hereby amended by deleting the current Section 9-0.1 in its entirety and replacing it to read as follows:
Sec. 9-0.1. Adoption of Codes.
Except as otherwise amended by this chapter and Chapter 13 of this Code, the following model codes are hereby adopted and are incorporated in this chapter by reference and made a part hereof as if fully set forth herein:
1. 2022 California Building Code and Appendices H, l, J;
2. 2022 California Historic Building Code;
3. 2022 California Existing Building Code;
4. 2022 California Residential Code;
5. 2022 California Plumbing Code;
6. 2022 California Electrical Code;
7. 2022 California Mechanical Code;
8. 2022 California Green Building Standards Code;
9. 2022 California Energy Code;
10. 2021 International Property Maintenance Code.
SECTION 5: Section 9-0.2 of the Monterey City Code is hereby amended by deleting the current Section 9-0.2 in its entirety and replacing it to read as follows:
Sec. 9-0.2. Exemption for pending applications.
Notwithstanding Section 9-0.1, the provisions of the 2022 editions of the California Building Code, and Appendices H, I and J, the California Historic Building Code, the California Existing Building Code, the California Residential Code, the California Plumbing Code, the California Electrical Code, the California Mechanical Code, the California Green Building Standards Code, the California Fire Code, the California Energy Code, and the 2021 International Property Maintenance Code, as adopted and amended herein, shall not apply to any building or structure for which an application for a building permit was made prior to January 1, 2023. Such buildings or structures shall be erected, constructed, enlarged, altered, or repaired in accordance with the provisions of this chapter in effect at the date of said application.
SECTION 6: Section 9-2 of the Monterey City Code is hereby amended by deleting the current Section 9-2 in its entirety and replacing it to read as follows:
Council Special Meeting, 11/16/2022, Item No. 3., Item Page 5, Packet Page 15 6 Sec. 9-2. Amendments to the California Plumbing Code.
Section 710.1.1 is added to read as follows:
710.1.1 Backwater Valves. In every case where the outlet of a trap for a plumbing fixture is installed or located at an elevation which is less than two feet (2’) above the rim of the nearest manhole uphill from the point of connection of the building sewer to the public sewer in any new or existing drainage system, approved types of backwater valve, relief vent and cleanout shall be installed in the building sewer at the point of lowest elevation of the ground surface of the building site outside of the building or at such other location as is permitted by the Building Official, providing that any such location, the elevation of the ground surface is not less than two feet (2’) below the lowest trap outlet served by the building sewer.
The installation shall consist of an approved fresh air inlet and a Y branch or combination fitting installed in sequence in the line of the flow from the building. The vent from this fresh air inlet shall be piped to the ground surface and capped with a vent cap. Provision shall be made by elevation above the ground or by other means for preventing the obstruction of the vent opening or the flow of water therein. The cleanout shall be placed as close to the valve as is practical and shall be piped to within one foot (1’) of the ground surface and closed with an approved cleanout plug. Every existing installation which includes a plumbing fixture trap outlet which is less than two feet (2’) above the rim of the nearest manhole uphill from the point of connection of the building sewer to the public sewer is hereby declared to be dangerous, unsanitary and a menace to life, health and property. Whenever it shall come to the attention of the Building Official that such an installation exists, he or she is hereby empowered to order and require that such plumbing outlet be immediately plugged or capped, or that the equipment described in the preceding paragraph of this section be installed immediately. (Topographical finding)
SECTION 7: Section 13-0.1 of the Monterey City Code is hereby amended by deleting the current Section 13-0.1 in its entirety and replacing it to read as follows:
Sec. 13-0.1. Adoption of the 2022 California Fire Code.
Except as otherwise amended by this chapter, the 2022 California Fire Code is hereby adopted and is incorporated in this code by reference and made a part hereof as if set forth fully herein.
SECTION 8: Section 13-0.2 of the Monterey City Code is hereby amended by deleting the current Section 13-0.2 in its entirety and replacing it to read as follows.
Section 13-0.2. Amendments to the California Fire Code.
Section [A] 101.1 is amended to read as follows:
[A] 101.1 Title. These regulations shall be known as the Fire Code of the City of Monterey hereinafter referred to as “this code”.
Section 305 is amended by adding a Section 305.1.1 to read as follows:
305.1.1 General. Use of equipment, appliances, and open flame devices shall be in accordance with this section.
Council Special Meeting, 11/16/2022, Item No. 3., Item Page 6, Packet Page 16 (a) The use of any fuel burning or consuming apparatus, electrical device or explosives on Municipal Wharves No. 1 and No. 2 shall be prohibited unless specifically approved by the fire code official. Such as, but not limited to:
1. Generators.
2. Oil-burning equipment.
3. Liquefied petroleum gas equipment.
4. Lanterns.
5. Stoves.
6. Heaters.
7. Candles.
8. Barbecues.
This section shall not apply to:
1. Motor vehicles.
2. Devices operated or used within buildings located on Municipal Wharves No. 1 and No. 2, and fish pumps.
3. Any repair or construction undertaken by the City of Monterey, its agents, or any public entity.
Sections 307.1.1 is amended to read as follows:
Section 307.1.1 Prohibited open burning. Open burning shall be prohibited, including outdoor rubbish fires and bonfires, unless (1) the fire is confined to an approved container as defined by the California Mechanical Code and authorized by the Monterey Bay Air Pollution Control District, (2) the open fire is for the explicit purpose of preparation of food, such as in the case of a luau, barbecue, and the like, or (3) a special condition or circumstance exists and written authorization is granted by the Fire Chief.
Section 605.3.1 is added to read as follows:
605.3.1 Spark arrestor. An approved spark arrestor shall be installed on all chimneys, incinerators, smokestacks, or similar devices where the burning of solid fuel conveys smoke, embers, and hot gases to the outer air.
Section 901 is amended by adding a Section 901.1.1 and a Section 901.8.3 to read as follows:
901.1.1 Responsibility. The owner of the protected premises shall be responsible for all fire protection systems within the protected premises, whether existing or installed under this code.
901.8.3 Non-operational equipment. Any non-required fire protection equipment that is no longer in service shall be removed.
Section 903.2 is amended to read as follows:
903.2 Where required. Approved automatic sprinkler systems shall be provided in all new buildings and structures constructed, moved into, or relocated within the jurisdiction.
Exceptions:
1. Structures not classified as Group R occupancies and not more than 500 square feet in total floor area.
Council Special Meeting, 11/16/2022, Item No. 3., Item Page 7, Packet Page 17 8 2. Detached Group U occupancies (private garages, carports, sheds, and agriculture buildings)
The following sections are amended by changing requirements to 500 square feet for fire sprinkler installation, as follows (the complete text of the section is not provided):
903.2.1.1 Group A-1. Change “12,000 square feet” to “500 square feet”. 903.2.1.2 Group A-2. Change “5,000 square feet” to “500 square feet”. 903.2.1.3 Group A-3. Change “12,000 square feet” to “500 square feet”. 903.2.1.4 Group A-4. Change “12,000 square feet” to “500 square feet”. 903.2.1.5 Group A-5. Change “12,000 square feet” to “500 square feet”. 903.2.3 Group E. Change “12,000 square feet” to “500 square feet”. 903.2.4 Group F-1. Change “12,000 square feet” to “500 square feet”. Change “2,500 square feet” for woodworking operations to “500 square feet”. 903.2.7-1 Group M. Change “12,000 square feet” to “500 square feet”. 903.2.7-3 Group M. Change “24,000 square feet” to “500 square feet”. 903.2.9 Group S-1. Change “12,000 square feet” to “500 square feet”. 903.2.9.1 Repair Garages. Change “10,000 square feet” (2 story buildings) and “12,000 square feet” (1 story buildings) to “500 square feet”.
903.2.9.2 Bulk storage of tires. Change “20,000 cubic feet” to “500 square feet” Section 903.2.8 is amended to read as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided in all buildings with a Group R fire area, including, but not limited to, one- and two-family dwellings, townhomes, and manufactured homes and mobile homes located outside of licensed mobile home parks hereafter constructed, moved into, or relocated within the jurisdiction, including all additions to buildings already equipped with automatic fire sprinkler systems.
Section 903.2.22 is added to read as follows:
903.22 Change of use. Automatic fire sprinklers shall be installed when the occupancy changes from a single occupancy to a mixed-use occupancy which would require the installation of an occupancy separation, or when the occupancy changes from any type of occupancy to an Assembly use occupancy.
Section 903.3.1.3 is amended to add the following sections:
903.3.1.3.1 Water system control valve. Each water system supplying both domestic and fire protection systems shall have a single indicating-type control valve, arranged to shut off both the domestic and sprinkler systems. A separate shut-off valve for the domestic system only shall be permitted to be installed. The location of the control valve shall be approved by the fire code official.
903.3.1.3.2 Local water flow alarm. Local water flow alarms shall be provided on all sprinkler systems. Local water flow alarms shall be powered from the main kitchen refrigerator circuit. The local water flow alarm shall be clearly audible from within the master bedroom at an audibility level of not less than 75 dBa. Where no kitchen exists in the building, the water flow alarm shall be powered from the bathroom lighting circuit.
Section 903.6.1 is added to read as follows:
903.6.1 Existing Group R-3 buildings. Additions, alterations, or repairs which involve the removal or replacement of 50 percent or greater of the linear length of walls of the building (exterior plus interior) within a one-year period shall meet the requirements of Council Special Meeting, 11/16/2022, Item No. 3., Item Page 8, Packet Page 18 new construction or this code. To qualify as an alteration or repair under this section, the wall must be physically added, removed, replaced or relocated; removal of wall coverings does not constitute an alteration or repair.
Section 907.6.2 is amended to read as follows:
907.6.2 Zone transmittal. Where required by the fire code official, fire alarm signals shall be transmitted by zone to the supervising station and retransmitted by zone to the public fire service communications center.
Section 907.7.2 is amended to read as follows:
907.7.2 Completion documents. The following documentation shall be provided at the time of acceptance testing for all fire alarm system installations:
1. A record of completion in accordance with NFPA 72.
2. A contractor’s statement verifying that the system has been installed in accordance with the approved plans and specifications and has been 100 percent tested in accordance with NFPA 72.
3. A contractor’s affidavit of personnel qualifications indicating that all personnel involved with the installation of the fire alarm system meet the qualification requirements of the fire code official.
Section 4907.1.1 is added to read as follows:
4907.1.1 Standard defensible space requirements. Remove combustible vegetation from within a minimum of 100 feet or to the property line from structures, whichever is closer. Vegetation shall be no taller than four inches (4”) high. Limb trees 6 feet up from the ground. Remove limbs within 10 feet of chimneys. Additional or alternate fire protection approved by the fire code official may be required to provide reasonable fire safety. Environmentally sensitive areas may require alternative fire protection, to be determined by the fore code official and other jurisdictional authorities.
Section 5704.2.9.6.1 is amended to read as follows:
5704.2.9.6.1 Outdoor storage of containers and portable tanks. Storage of Class I and Class II liquids in aboveground tanks outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited except as permitted by the Zoning Ordinance.
Exceptions:
1. For marine fueling operations, a maximum of 2000 gallons of diesel fuel may be stored and dispensed from an above ground tank as approved by the Fire Chief.
2. Storage tanks of 500-gallon maximum capacity may be used only in conjunction with emergency generators as approved by the Fire Chief.
SECTION 9: Section 13-0.3 of the Monterey City Code is hereby amended by deleting the current Section 13-0.3 in its entirety and replacing it to read as follows:
Section 13-0.3 Exemption for pending applications:
1. Notwithstanding Section 13-0.1, the provisions of the 2022 California Fire Code as adopted and amended herein shall not apply to any building or structure for which an application for a building permit was made prior to January 1, 2023. Such building or Council Special Meeting, 11/16/2022, Item No. 3., Item Page 9, Packet Page 19 10 structure shall be erected, constructed, enlarged, altered or repaired in accordance with the provisions of this chapter in effect at the date of said application.
2. All other applications shall be processed in accordance with the provisions of the 2022 California Fire Code as adopted and amended herein.
SECTION 10: All ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION 11: Section 6 of Resolution 20-125, implemented via Resolution 20-172, is hereby deleted effective January 1, 2023, and replaced with the policy on outdoor heaters on Wharf 1 and Wharf 2 that is set forth in Section 8 of this ordinance.
SECTION 12: This ordinance shall be in full force and effect on January 1, 2023. The City Clerk is directed to send a copy of this ordinance to the California Building Standards Commission.
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 Special Meeting, 11/16/2022, Item No. 3., Item Page 10, Packet Page 20 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 December 2, 2022 through December 16, 2022 Pursuant to AB361 Ralph M. Brown Act Provisions (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
RECOMMENDATION:
That the City Council consider the state of the COVID-19 emergency and adopt a resolution to authorize remote teleconference attendance for all public meetings of City of Monterey legislative bodies under emergency-specific Brown Act provisions for the period of December 2, 2022 through December 16, 2022. This action is required to comply with the Brown Act.
VALUE DRIVERS:
In collaboration with our community partners, work to improve the quality of life of all of our community members by fostering diversity, equity, and inclusion; championing equitable access to affordable housing; and maintaining a safe environment.
POLICY IMPLICATIONS:
The recommendations in this report are consistent with the requirements of the Ralph M. Brown Act (Government Code section 54950 through 54963). The City’s policy is to ensure the public’s health, safety, and welfare of its employees, residents, and visitors. Continuing to authorize remote attendance of public meetings will help reduce the spread of COVID-19.
Government Code section 54953(e)(3) requires the city to consider the circumstances of the state of emergency and make the following findings by majority vote: (1) the state of emergency continues to directly impact the ability of members to meet safely in person; and/or (2) state or local officials continue to impose or recommend measures to promote social distancing.
Furthermore, it is consistent with the City’s Strategic Priority to “ensure the health and wellness of the community including the COVID-19 pandemic response through emergency operations, clear communication with the public, delivering vaccinations, supporting testing efforts, issuing emergency orders, managing social distancing regulations, adopting eviction protections, hosting blood drives, and providing food security.”
FISCAL IMPLICATIONS:
There is no new or additional cost associated with offering free and secure teleconferencing participation in the City’s public meetings through toll-free telephone and internet-based ZoomGov webinars and free live-streamed meeting observation on cable access television and/or on the internet via YouTube when possible. The City currently pays $5,133 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: 11/16/2022
Item No.: 4.
Council Special Meeting, 11/16/2022, Item No. 4., Item Page 1, Packet Page 21 educational, and government (“PEG”) cable access agreement with Access Monterey Peninsula, Inc. In 2021, the City contributed around $240,000 towards Access Monterey Peninsula, and has contributed $294,600 in the first half of 2022.
ENVIRONMENTAL DETERMINATION:
The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 CEQA Guidelines Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
ALTERNATIVES CONSIDERED:
Upon consideration of the state of emergency, the Council may choose not to authorize emergency teleconference attendance of meetings. This would mean that meetings held after December 1, 2022 (the expiration date of Resolution No. 22-143 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 November 1, 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 December 1, 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 Special Meeting, 11/16/2022, Item No. 4., Item Page 2, Packet Page 22 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.
State of Emergency Expiration
On October 17, 2022, Governor Newsom announced that he plans to terminate the COVID-19 State of Emergency on February 28, 2023. The provisions of AB 361, which expire December 31, 2023, apply to meetings held during a state of emergency proclaimed by the Governor.
Therefore, at such time that the proclaimed state of emergency has ended, provisions of AB 361 will cease to provide a pandemic-specific teleconferencing option for City Council and board/commission meetings.
Current Findings
At the present time, AB 361 provisions are still able to be utilized to support allowing teleconference attendance to protect the public health. 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 thirteen lineages of the Omicron variant constituted 97.0% of COVID-19 cases in the United States as of October 15, 2022, as reported by the CDC on November 4, 2022. According to Monterey County’s COVID-19 Biweekly Update updated on November 10, 2022, the COVID-19 case rate in Monterey County is 4.6 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 December 16, 2022.
CBK
Attachments: 1. Draft Resolution
cc: All City boards, commissions, and committees
Neighborhood Associations
Business Associations
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Special Meeting, 11/16/2022, Item No. 4., Item Page 3, Packet Page 23 RESOLUTION NO. __-___ C.S.
A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
AUTHORIZING REMOTE TELECONFERENCE MEETINGS
OF THE CITY COUNCIL AND BOARDS, COMMISSIONS, AND COMMITTEES FOR THE PERIOD OF DECEMBER 2 THROUGH DECEMBER 16, 2022
PURSUANT TO AB 361 RALPH M. BROWN ACT PROVISIONS
WHEREAS, the City Council is empowered to take actions necessary to protect and has an important governmental interest in protecting the health, safety, and welfare of those who participate in meetings of the City Council and its legislative bodies subject to California Government Code sections 54950-54963 (the Ralph M. Brown Act, or “Brown Act”); WHEREAS, on October 5, 2021, November 2, 2021, November 16, 2021, December 7, 2021, December 21, 2021, January 18, 2022, February 15, 2022, March 15, 2022, March 23, 2022, April 19, 2022, May 17, 2022, June 7, 2022, June 29, 2022, July 19, 2022, August 16, 2022, September 6, 2022, October 4, 2022, and November 1, 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 thirteen lineages of the Omicron variant constituted 97.0% of COVID-19 cases in the United States as of October 15, 2022, as reported by the CDC on November 4, 2022;
WHEREAS, according to Monterey County’s COVID-19 Biweekly Update updated on November 10, 2022, the COVID-19 case rate in Monterey County is 4.6 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 Special Meeting, 11/16/2022, Item No. 4., Item Page 4, Packet Page 24 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 December 16, 2022.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this __ day of ______, 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
ATTEST:
Mayor of said City
City Clerk thereof
Council Special Meeting, 11/16/2022, Item No. 4., Item Page 5, Packet Page 25 Successor Agency to the
Redevelopment Agency
Agenda Report
№07/19
FROM: Kimberly Cole, AICP, Community Development Director By: Janna Aldrete, Property Manager
SUBJECT: Adopt a Resolution Dissolving the Successor Agency of the Redevelopment Agency of the City of Monterey Pursuant to Health and Safety Code Section 34187(b) (Exempt from CEQA Section 15061(b)(3)
RECOMMENDATION:
That the governing board of the Successor Agency of the Redevelopment Agency of the City of Monterey, (the "Successor Agency") adopt a resolution approving the dissolution of the Successor Agency pursuant to Health and Safety Code Section 34187(b).
VALUE DRIVERS:
Serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships.
POLICY IMPLICATIONS:
Pursuant to Section 34173 of the Health and Safety Code, effective February 1, 2012, the Successor Agency was formed to and charged with paying the enforceable obligations, disposing of the properties and other assets, and expeditiously unwinding the affairs of the dissolved Redevelopment Agency for the City of Monterey (the "Former Agency"). Approval of the resolution will effectuate this policy goal.
FISCAL IMPLICATIONS:
The dissolution of the Successor Agency is for the benefit of all the taxing entities and will result in no further property taxes being allocated to the Redevelopment Property Tax Trust Fund.
Upon dissolution, all property taxes will be distributed by the County-Auditor Controller to each of the taxing entities as normal property taxes in accordance with AB8 apportionment factors.
All contractual and statutory pass-through payments will cease and result in the expeditious wind-down of the Successor Agency.
ENVIRONMENTAL DETERMINATION:
Pursuant to the California Environmental Quality Act (CEQA), based upon a review of the evidence and information presented on the matter as it relates to the dissolution of the Successor Agency, the governing board has determined that such approval is exempt from the California Environmental Quality Act (CEQA) Section 15061(b)(3) as it can be seen with certainty that there is no possibility that this proposal will have a significant impact on the environment.
ALTERNATIVES CONSIDERED:
No alternatives have been presented.
Date: 11/16/2022
Item No.: 5.
Council Special Meeting, 11/16/2022, Item No. 5., Item Page 1, Packet Page 26 DISCUSSION:
The Former Agency was formed, existed and exercised its powers pursuant to the Community Redevelopment law (California Health and Safety Code section 33000 et seq., the “CRL”). The California state legislature enacted Assembly Bill 1x 26, as modified by Assembly Bill No. 1484 enacted on June 27, 2012, as further modified by Senate Bill No. 107 enacted on September 22, 2015, as such may be further amended (collectively, the “Dissolution Act”), adding or amending Parts 1.8 and 1.85 to Division 24 of the Health and Safety Code, to dissolve redevelopment agencies formed under the CRL.
Pursuant to Section 34173 of the Health and Safety Code, effective February 1, 2012, the Successor Agency was formed to, and charged with, paying the enforceable obligations, disposing of the properties and other assets, and expeditiously unwinding the affairs of the dissolved Former Agency.
The Hotel Pacific, located at 300 Pacific Street, City of Monterey, County of Monterey, California (the "Property") was acquired using federal funds in the name of the Urban Renewal Agency of the City of Monterey, which was later renamed Redevelopment Agency of the City of Monterey.
Though title to the Property remained in the name of the Urban Renewal Agency, the Former Agency owned the Property until it was dissolved pursuant to the California Dissolution Statutes, at which point the Successor Agency was granted fee title to the Property, by operation of law.
In accordance with the requirements of Health and Safety Code section 34191.5(b), the Successor Agency prepared and submitted the Long Range Property Management Plan (the “LRPMP”, the sole purpose of which was to address the transfer of the Property.
By determination letter issued on December 22, 2015, the State Department of Finance (the “Department”) approved the LRPMP which required: (1) the assignment of the Former Agency's interest in the Lease to the City; and (2) transfer of the fee title to the Property to the City subject to the preparation and execution of a compensation agreement among the City and the Taxing Entities pursuant to Health and Safety Code section 34180(f).
In fulfillment of the Paragraph 1.C of the Lease and the LRPMP, the Successor Agency and the City executed that certain Assignment and Assumption of Ground Lease Agreement, dated as of February 12, 2016, under which the Successor Agency assigned on behalf of itself and the Former Agency, all of the Former Agency's right, title, and interest in and obligations under the Lease to the City.
As required under the LRPMP, the Successor Agency and City proceeded to negotiate the terms of the Compensation Agreement with the affected taxing entities. Under the Compensation Agreement, all lease and sales proceeds revenues generated from the Property are considered restricted CDBG program income and must continue to be transferred to the City's CDBG program and spent in accordance with the CDBG program requirements. In November 2016, the City and Successor Agency provided the affected taxing entities with a proposed Compensation Agreement regarding the transfer of the Property. While a majority of the taxing entities executed the contract, the Successor Agency did not receive signatures from the Monterey Peninsula Unified School District ("MPUSD") and the Monterey Peninsula College ("MPC") and collectively with MPUSD, the ("Educational Districts"). The Successor Agency and Council Special Meeting, 11/16/2022, Item No. 5., Item Page 2, Packet Page 27 City provided the Educational Districts with evidence related to the transfer limitations to no avail, and no further objections were received. The Final Compensation Agreement is attached to this staff report for convenience.
Under Health and Safety Code Section 34187(b), "when all of the enforceable obligations have been retired or paid off, all real property has been disposed of pursuant to section 34181 or 34191.4, and all outstanding litigation has been resolved, the successor agency shall, within 30 days of meeting the aforementioned criteria, submit to the oversight board a request, with a copy of the request to the county auditor-controller, to formally dissolve the successor agency.
The oversight board shall approve the request within 30 days, and shall submit the request to the department."
While the Successor Agency and City consider the Compensation Agreement an enforceable obligation, the Property was not transferred to the City. On April 13, 2022, the Department sent a letter inquiring on the dissolution status of the Successor Agency. In response, the City and Successor Agency submitted a letter: (1) notifying the Department of the status of the Compensation Agreement; (2) requesting confirmation of authority to transfer the Property pursuant to the LRPMP; and (3) submitting an action plan for the dissolution of the Successor Agency. By letter dated July 14, 2022, the Department approved the final Compensation Agreement, authorized the transfer of the Property to the City pursuant to the LRPMP, and approved the planned dissolution of the Successor Agency.
On November 1, 2022, the City of Monterey adopted Resolution 22-146 and accepted the transfer of the Property from the Successor Agency in accordance with the Departmentapproved LRPMP. The Property was subject to the terms of that certain Compensation Agreement, which by its terms, terminated at such time as the Successor Agency transferred the Property to the City in fee. The deed was signed and delivered on November 4, 2022, and recorded on November 7, 2022 as reflected in Monterey County Recorder document number 2022047660.
Therefore, the Successor Agency retired or paid off all of the enforceable obligations of the Former Agency and disposed of all real property of the Former Agency pursuant to Health and Safety Code Sections 34181 or 34191.4, and confirmed that the Successor Agency has no outstanding litigation; thereby satisfying all of the conditions to dissolve the Successor Agency under Health and Safety Code Section 34187(b).
The Successor Agency has an obligation to, within 30 days of meeting the criteria for dissolution under Health and Safety Code Section 34187(b), submit to the Consolidated Oversight Board, with a copy of the request to the Monterey County Auditor-Controller, a request to formally dissolve the Successor Agency. The Consolidated Oversight Board is required to approve the request within 30 days and shall submit the request to the Department for final approval.
Attachments: 1. Draft Resolution
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Special Meeting, 11/16/2022, Item No. 5., Item Page 3, Packet Page 28 SA/RDA RESOLUTION NO. ___
A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF MONTEREY
DISSOLVING THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MONTEREY PURSUANT TO HEALTH AND SAFETY CODE SECTION 34187(b) WHEREAS, the Redevelopment Agency for the City of Monterey (the "Former Agency") was formed, existed and exercised its powers pursuant to the Community Redevelopment law (California Health and Safety Code section 33000 et seq. the "CRL"); WHEREAS, the California state legislature enacted Assembly Bill 1x 26, as modified by Assembly Bill No. 1484 enacted on June 27, 2012, as further modified by Senate Bill No. 107 enacted on September 22, 2015, as such may be further amended (collectively, the "Dissolution Act"), adding or amending Parts 1.8 and 1.85 to Division 24 of the Health and Safety Code, to dissolve redevelopment agencies formed under the CRL;
WHEREAS, pursuant to Section 34173 of the Health and Safety Code, effective February 1, 2012, the Successor Agency of the Redevelopment Agency of the City of Monterey, a separate legal entity (the "Successor Agency") was formed to, and charged with, paying the enforceable obligations, disposing of the properties and other assets, and unwinding the affairs of the dissolved Former Agency;
WHEREAS, upon dissolution of the Former Agency, all authority, rights, powers, duties and obligations previously vested with the Former Agency (except for the Former Agency's housing assets and functions) under the CRL, vested in the Successor Agency, which was declared a separate legal entity effective June 27, 2012; WHEREAS, Section 34179 (j) of the Health and Safety Code provides for the appointment of a countywide oversight board (the "Countywide Oversight Board") with specific duties to approve certain Successor Agency actions pursuant to Section 34180 of the Health and Safety Code and to direct the Successor Agency in certain other actions pursuant to Section 34181 of the Health and Safety Code;
WHEREAS, under Health and Safety Code Section 34187(b), "when all of the enforceable obligations have been retired or paid off, all real property has been disposed of pursuant to section 34181 or 34191.4, and all outstanding litigation has been resolved, the successor agency shall, within 30 days of meeting the aforementioned criteria, submit to the oversight board a request, with a copy of the request to the county auditor-controller, to formally dissolve the Successor Agency;
WHEREAS, on November 1, 2022, the City of Monterey adopted Resolution 22-146 and accepted the transfer of fee title to the Hotel Pacific, located at 300 Pacific Street, City of Monterey, County of Monterey, California (the "Property") from the Successor Agency in accordance with the State Department of Finance (the "Department") approved Long Range Property Management Plan ("LRPMP");
Council Special Meeting, 11/16/2022, Item No. 5., Item Page 4, Packet Page 29 2 WHEREAS, the deed to the Property was signed and delivered on November 4, 2022, and recorded on November 7, 2022 as reflected in Monterey County Recorder document number 2022047660;
WHEREAS, the Property was subject to the terms of that certain Compensation Agreement, which by its terms, terminates at such time as the Successor Agency transfers the Property to the City in fee.
WHEREAS, the Successor Agency has retired or paid off all of the enforceable obligations of the Former Agency and all real property has been disposed of pursuant to Health and Safety Code Sections 34181 or 34191.4, and no litigation is outstanding, thereby satisfying the conditions of Health and Safety Code Section 34187(b); WHEREAS, the dissolution of the Successor Agency is for the benefit of the taxing entities and will result in no further property taxes being allocated to the Redevelopment Property Tax Trust Fund, and pass-through payments will cease and result in the expeditious wind-down of the Successor Agency;
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), based upon a review of the evidence and information presented on the matter as it relates to the dissolution of the Successor Agency, the Successor Agency has determined that such approval is exempt from the California Environmental Quality Act (CEQA) Section 15061(b)(3) as it can be seen with certainty that there is no possibility that this proposal will have a significant impact on the environment;
WHEREAS, within 30 days of meeting the criteria for dissolution under Health and Safety Code Section 34187(b) the Successor Agency must submit to the Consolidated Oversight Board, with a copy to the County Auditor-Controller for the County of Monterey, a request to formally dissolve the Successor Agency;
WHEREAS, the Consolidated Oversight Board must approve the request within 30 days, and shall submit the request to the Department of Finance for final approval.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MONTEREY that it hereby finds, resolves, and determines that the foregoing recitals are true and correct and are incorporated herein by reference, and together with information provided by the City and Successor Agency staff and the public, form the basis for the approvals, findings, resolutions, and determinations set forth below:
1. Pursuant to the California Environmental Quality Act (CEQA), based upon a review of the evidence and information presented on the matter as it relates to the dissolution of the Successor Agency, the Successor Agency's governing board has determined that approval of this Resolution will not result in a direct or indirect physical change in the environment, per CEQA Guideline Section 15378 (b)(5) of the and is exempt under Section 15061 (b)(3).
2. The Successor Agency's governing board hereby finds that it is in the best interest of the taxing entities to dissolve the Successor Agency and that all the conditions set forth in Health and Safety Code Section 34187(b) have been satisfied.
Council Special Meeting, 11/16/2022, Item No. 5., Item Page 5, Packet Page 30 3 3. The Successor Agency's governing board hereby approves the dissolution of the Successor Agency, in the manner specified herein, and hereby authorizes and directs the Executive Director of the Successor Agency, or the Successor Agency Executive Director's designees, to take all actions and sign any and all documents necessary to implement and effectuate the actions approved by this Resolution as determined necessary by the Successor Agency's Executive Director, or the Successor Agency's Executive Director's designee.
4. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Successor Agency's governing board declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
5. The Successor Agency's governing board hereby authorizes and directs the Successor Agency staff to take all actions necessary under the Dissolution Act to file, post, mail or otherwise deliver via electronic mail, internet posting, and/or hardcopy, all notices and transmittals necessary or convenient in connection with the approval of this Resolution.
6. In accordance with Health and Safety Code Section 34187(b), the Successor Agency staff is directed to submit to the Countywide Oversight Board and to the County Auditor-Controller for the County of Monterey a copy of this Resolution, which notice shall serve as the formal request to dissolve the Successor Agency.
PASSED AND ADOPTED BY THE BOARD OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MONTEREY this _____ day of _______ 2022, by the following vote:
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
ABSTAIN: AGENCY MEMBERS:
APPROVED:
ATTEST:
Chair of the Successor Agency of the
Redevelopment Agency
of the City of Monterey, California
Secretary of the Successor Agency of the
Redevelopment Agency
of the City of Monterey, California
Council Special Meeting, 11/16/2022, Item No. 5., Item Page 6, Packet Page 31