Agenda packet — Monterey City Council, March 21, 2023 (part 1 of 4)

Council Chamber
580 Pacific St.

Monterey, California
and Teleconference Location:

Hyatt Regency Washington on
Capitol Hill, Room 391
400 New Jersey Avenue, NW
Washington, D.C. 20001
City Council Agenda
Council Regular Meeting
Tuesday, March 21, 2023
4:00 PM – 6:30 PM PDT
City Council
Tyller Williamson, Mayor
Kim Barber, Councilmember,
District 1
Gino Garcia, Councilmember
Alan Haffa, Councilmember
Ed Smith, Councilmember,
District 2
City Manager
Hans Uslar
How to participate in this meeting:
 Written comment: Members of the public may submit comment(s) to [email protected] until ½ hour before the start of the meeting. These messages are not read aloud during the meeting but are made available to the meeting body and public at https://monterey.org/submitted-comments. All comments received become part of the record.
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TELECONFERENCE NOTICE
Pursuant to California Government Code Section 54953(b)(3), this City Council meeting will include teleconference participation by Councilmember Barber from the location listed above, which shall be accessible to the public pursuant to California Government Code Section 54954.3.
***Afternoon Session Agenda***
4:00 - 6:30 p.m.

CALL TO ORDER

PLEDGE OF ALLEGIANCE
3/21/2023 4:00:00 PM
2 PRESENTATIONS

1. Recognize City Employees for Milestone Anniversaries and Retirements for 1st Quarter 2023 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

PUBLIC COMMENTS (MATTERS NOT ON AGENDA)
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. March 2, 2023 Adjourned Meeting (Adjourned from February 21, 2023) (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)

3. March 7, 2023 Regular Meeting (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.

4. 2nd Reading of an Ordinance Amending Administrative Provisions of the Transient Occupancy Tax Ordinance that do not Require Voter Approval (Not a Project under CEQA per Article 20, Section 15378 and Under 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."

5. Approve Participation in Nationwide Opioid Litigation Settlements with Teva, Allergan, CVS, Walgreens, and Walmart; and Authorize the City Manager to Execute the Participation Agreements and Request Direct Payments to the City 3/21/2023 4:00:00 PM
3 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

6. Approve the Memorandum of Understanding (MOU) for the General Employees of Monterey (GEM) for the period of July 1, 2022 through June 30, 2024 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)

7. Authorize the City Manager, or his Designee, to Enter Into an Agreement for Next Generation Radio System (NGEN) Services and Governance with Multiple Public Agencies in Monterey County (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

8. Adopt a Resolution Accepting the 2022 General Plan Annual Report (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

9. Amend Professional Services Agreement with Dudek by $22,358.75 for a total not to exceed $121,956.25 for the development of a Community Wildfire Protection Plan (CWPP) and amend the agreement with the cities of Pacific Grove and Carmel-by-the-Sea for sharing the cost of the CWPP (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)

10. Authorize the City Manager to Submit a Proposal to Provide Fire Services and Ambulance Services to the City of Carmel-by-the-Sea in Response to Their Request (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

11. Adopt a Resolution Updating the Council Chamber Use Policy (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)

12. Adopt a Resolution Ratifying the City Manager’s Proclamation of a Local Emergency Related to the March 2023 Storms (Order 23-002) (Exempt from CEQA Per Article 18, Section 15269.c)
*** 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.

13. Receive Ocean View Community Services District Quarterly Report (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5, Section 15061)
Adjourn to City Council Meeting
3/21/2023 4:00:00 PM
4 PUBLIC HEARING
PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. NOTICE CONCERNING YOUR LEGAL RIGHTS: If you challenge the City Council’s zoning, planning, or land use decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing on the matter, or in written correspondence delivered to the City at the time of or prior to the close of the public hearing. (Government Code section 65009(b).)

14. Amend and Restate Resolution 22-077, Master Fee Schedule to Adjust Fees for each of the Following Departments and Divisions: City Attorney’s Office, Community Development Department, Parks and Recreation Department, City Clerk's Office, Library & Museums Department, Fire Department, Police Department, Finance Department, Public Works Department, Parking Division, and Harbor Division; 1st Reading to Amend City Code section 19-103 to Increase Cost Recovery for Historic Preservation Fees and Appeals; and Provide Direction to Staff on Hardship Waivers and/or Refunds of Appeal Fees (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) -- Continued from March 7, 2023 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.

15. Amend Resolution 22-086 Authorizing Changes to the Fiscal Year (FY) 2022/23 Budget to Increase Revenues and Appropriations in the General Fund and Other Funds, Designate Funds into the Economic Uncertainty Fund and Various other Reserve Funds, and Update the Position Control List (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

16. Adopt a Resolution Approving the Establishment of the Section 115 Trust for Unfunded Accrued Liability (UAL) and Other Post-Employment Benefits (OPEB), Administered by Public Agency Retirement Services (PARS), Authorize the Finance Director or Their Designee to be the City’s Plan Administrator, Authorize the City Manager to Execute All Necessary Documents to Establish the Section 115 Trust and Approve Initial Funding of $2 Million. (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

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

CITY MANAGER REPORTS
The City Manager may make a brief report on his activities or a brief announcement. He may also ask for clarification or direction regarding scheduling of Council meetings and study sessions.

ADJOURNMENT
3/21/2023 4:00:00 PM
5 Members of the public have the right to address the City Council on any item on the Agenda, before or during its consideration [G.C. §54954.3(a)]. The Mayor will formally open the floor for public comment on items such as "Public Appearance" and "Public Hearings." Writings distributed for discussion or consideration on these matters within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, are available at: monterey.org/submitted-comments and in the City Manager’s Office at 580 Pacific St., Room 1, Monterey, CA 93940 during regular business hours.

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

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

CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES:

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

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

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

Upcoming city meetings are listed at http://isearchmonterey.org More information is available by calling (831) 646-3935 Council
Agenda Report
FROM: Hans Uslar, City Manager
Prepared by: Hayley Goodwein, Administrative Clerk
SUBJECT: Recognize City Employees for Milestone Anniversaries and Retirements for 1st Quarter 2023 (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 first quarter of 2023.

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: 3/21/2023
Item No.: 1.

Council Regular Meeting, 3/21/2023, 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 2023 1st Quarter:
 Raymond Lafontaine, Fire Captain, Fire Department – 50 years of service  Karen Larson, Parks and Recreation Director, Parks and Recreation Department – 30 years of service
 Lucero Valdez, Fire Captain, Fire Department – 30 years of service  Robert Wilkins, Fire Engineer, Fire Department – 30 years of service The staff members listed above will be recognized by their department heads at the Monterey City Council meeting on March 21, 2023. Not all staff members may be able to attend the meeting.

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, 3/21/2023, Item No. 1., Item Page 2, Packet Page 7

MINUTES

CITY COUNCIL ADJOURNED MEETING

CITY OF MONTEREY
Thursday, March 2, 2023
7:00 PM

COUNCIL CHAMBER
580 PACIFIC STREET

MONTEREY, CALIFORNIA
Councilmembers

Present: Barber, Garcia, Haffa, Smith, Williamson

Absent: None
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Community Development Director, Police Chief, City Clerk
This meeting was adjourned from the Council Regular Meeting on February 21, 2023.

CALL TO ORDER
Mayor Williamson called the meeting to order at 7:00 p.m. City Clerk Klein called the roll, with the Council present as reflected above, and explained to the public how to participate in the meeting virtually.
***Evening Session Agenda***

PUBLIC APPEARANCE (EVE)

1. Second Reading of an Ordinance to Repeal and Replace City Code Chapter 38 Article 17 Section 112.4 Related to Wireless Communication Facilities (Exempt from CEQA (Article 19, Sections 15305 and 15308, Classes 5 and 8)
Action: Passed the draft ordinance to print, as amended to require a 100-foot setback in R-1-zoned areas and the PC-zoned areas that cover Skyline Forest Community Development Director Cole gave the staff presentation, focusing on ways that residential neighborhoods would be protected by the draft ordinance. She explained that the Planning Commission's decision on the ordinance had been passed by a 3-2 vote, with the two dissenting votes coming from Planning Commissioners who had also sat on the Wireless Subcommittee. She showed multiple maps that demonstrated that various proposed buffers and setbacks continued to cover large portions of the City and could limit installation of facilities, which she said could introduce undue risk to the City. Together, Community Development Director Cole and Gail Karish, outside counsel with Best Best & Krieger, answered Councilmembers' questions, including detailed discussion about effective prohibition and requirements to prove prohibition exists, residential setbacks, fall zones, and the implications and circumstances that could exist if the Council did not adopt the ordinance.

Mayor Williamson opened public comments.

Displeasure with the draft ordinance recommended by staff was expressed by: John Adamo (who delivered a residents’ petition to the City Clerk), Pat Venza, Ray Meyers, Marta Kraftzeck, Tony Tollner, Barry Perkins, Luke Martin, Robert Yoha, Kristin Dotterrer, Charisse Carlyle, Catherine Adamo, Jeannie Ferrara, Rob Thompson, Daniel Dotterrer, Holly Heimer, Tony Flores, Christy Hollenbeck, Nina Beety, Carol Kuzdenyi, Tom Rowley, Tammy Jennings, Jean Rasch, all of whom urged the Council to require a minimum required setback from residences and schools, with some additionally commenting regarding the aesthetic beauty of the Monterey area and expressing health-related concerns; Steven Lucas, Robert Feiston, and Debra, whose Date: 3/21/2023
Item No.: 2.

Council Regular Meeting, 3/21/2023, Item No. 2., Item Page 1, Packet Page 8 City Council Minutes 3/2/2023 7:00:00 PM
2 comments focused specifically on health concerns; Charles Martin, who highlighted aesthetic concerns; Rafa Ramos, who urged the Council to focus on giving the citizens high-speed fiber internet; and an unidentified man who asked for clarification about setback between facilities.

Tabitha Schneider, on behalf of Crown Castle, alleged that several provisions of the draft ordinance did not conform with federal law and requested that the Council refrain from adopting the ordinance before considering the matter further and looking at ordinances from other cities.

With no further requests to speak, Mayor Williamson closed public comments.

The Council discussed the matter. It was stressed to the public that the Council only had the legal authority to control aesthetics, and that the remainder of wireless facility-related considerations, including health concerns, were outside of the Council's control. The residents were encouraged to direct their health and safety concerns to the decision-makers.

The Council recessed at 8:54 p.m. and reconvened at 9:00 p.m.

The Council continued to discuss the matter and said that the City could prioritize undergrounding electric power lines, which it was stated would help with aesthetic issues. On question, City Manager Uslar and Ms. Karish spoke regarding the spacing between facilities allowed in Monterey's draft ordinance as compared with other cities' ordinances.

The Council made remarks acknowledging the members of the public who had spoken, and what were described as their very serious, legitimate concerns.

The Council noted that a large portion of the community was not present for the meeting, and stated that equity issues resulting from the Council’s decision could affect residents through a lack of access to needed technology. It was stated that the maps presented by City staff demonstrated that if the City required a setback of any distance, it would deny implementation of wireless infrastructure and limit residents' access to technology.

On question about the residential property restrictions in the draft ordinance, City Attorney Davi stated that preferences describe the City’s priorities because an outright ban would not be possible. She said that the ordinance describes preferred and least preferred locations, which were policy choices made by the Wireless Subcommittee. She reiterated that residential setbacks were not added to the draft ordinance by the Wireless Subcommittee, but during the Planning Commission process relatively late in the timeline in late 2022. She said that the concept of a 100-foot setback was pulled from other ordinances that were very different from Monterey's draft ordinance.

On question, Ms. Karish stated that the maps presented by Community Development Director Cole showed that a 100-foot setback would expand the "preferred" zones due to locations where residences are adjacent to commercial or industrial sites. She added that as more housing is added with increased density it could increase the potential for a claim of effective prohibition. City Attorney Davi said that the Council would need to very carefully consider and clearly describe any aesthetic factors that would lead them to adding a setback. Ms. Karish said that the cumulative impact of numerous restrictions could allow the introduction of a facial challenge.

The Council considered requiring a 100-foot setback for R-1 and historic zones, stating that there was a noticeable aesthetic difference between those portions of the City and the rest of the City. City Attorney Davi stated that a map would need to be prepared but that those setbacks would cover less of the City map than the blanket residential and school setback concept would.

Council Regular Meeting, 3/21/2023, Item No. 2., Item Page 2, Packet Page 9 City Council Minutes 3/2/2023 7:00:00 PM
3 The Council stated that equity regarding access to technology would not be a significant issue in the City of Monterey. It was stated that the Planning Commission had the authority and expertise required to review the matter and that it made sense for the Council to keep the 100- foot setback that the Planning Commission added. The Council discussed language in the draft ordinance relating to R-1 residential zoning and uses.

City Attorney Davi reiterated that City staff did not write the draft ordinance. She said that it was the Wireless Subcommittee's ordinance that had been edited as minimally as possible and that every edit had been documented.

The Council expressed interest in affirmatively protecting R-1-zoned residences.

A motion was introduced by Mayor Williamson, and seconded by Councilmember Haffa, to pass the ordinance to print, as amended to require a 100-foot setback in R-1-zoned areas and the PC-zoned areas that cover Skyline Forest.

The Council reminded the public that they had the strongest legally defensible wireless ordinance, and that the community had been greatly involved in developing the ordinance. It was stated by Council that it could be seen as an equity issue to focus on some zones over others, but that the aesthetics issue was a greater concern in R-1-zoned areas as opposed to other residential zones. It was stressed that the Council's goal was to protect residents' quality of life.

The motion carried by the following roll-call vote:

AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
It was stated that public comment on the second reading, if the matter is pulled from Consent, will likely be limited in the time allotted to each speaker.

COUNCIL COMMENTS
None made.

CITY MANAGER REPORTS
None made.

ADJOURNMENT
The Council adjourned at 9:56 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor
Council Regular Meeting, 3/21/2023, Item No. 2., Item Page 3, Packet Page 10

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF MONTEREY
Tuesday, March 7, 2023
4:00 PM 7:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST.

MONTEREY, CALIFORNIA
Councilmembers

Present: Barber, Garcia, Haffa, Smith, Williamson

Absent: None
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Community Development Director, Police Chief, Parks and Recreation Director, Finance Director, Public Works Director, City Clerk, Acting City Engineer, Principal Planner, Associate Planner
***Afternoon Session Agenda ***

CALL TO ORDER
Mayor Williamson called the meeting to order at 4:00 p.m.

City Clerk Klein called the roll with the full Council present as highlighted above. She explained to the public how to participate in the meeting virtually.

The Council and attendees sang "Happy Birthday" to City staff and AMP staff with birthdays the week of the meeting.

PRESENTATIONS

1. Recognition of March 2023 as American Red Cross Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Presented proclamation to the American Red Cross Central California Chapter Mayor Williamson read the proclamation declaring March 2023 American Red Cross Month.

John Cromwell, on behalf of the Central Coast Chapter of the American Red Cross, made a brief verbal presentation highlighting recent disaster work done by the local chapter. Mayor Williamson remarked positively about the recent decision to allow blood donations by gay men in monogamous relationships.

PUBLIC COMMENTS (MATTERS NOT ON AGENDA)
Public comment on non-agendized matters was received from: Demetrius Kastros, Steve Lightfoot, Ryan Heron on behalf of LiUNA 792/General Employees of Monterey, Eleazar Munoz, and Shay Balesteri.

CONSENT ITEMS
The Council requested to pull Item 4 for a presentation. Public comment on the Consent Items was not received.

On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the CONSENT ITEMS except Item 4:

Date: 3/21/2023
Item No.: 3.

Council Regular Meeting, 3/21/2023, Item No. 3., Item Page 1, Packet Page 11 City Council Minutes March 7, 2023
2 AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Approval of Minutes

2. February 21, 2023 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Approved

3. February 23, 2023 Special Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Approved
Award of Construction Contracts

4. Award a Construction Contract in the Amount of $1,446,085.00 to Precision Grade Inc., for the Citywide Sidewalk Repair Project, Phase 7 (35C1552) (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP***
Action: Pulled from Consent; Adopted Resolution No. 23-022 C.S.

Public Works Director Renny gave a brief verbal report together with Acting City Engineer Harty.

Public comment was not received.

On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 23-022 C.S. to Award a Construction Contract in the Amount of $1,446,085.00 to Precision Grade Inc., for the Citywide Sidewalk Repair Project, Phase 7 (35C1552) (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP***:

5. 1st Reading by Title Only of an Ordinance Amending Administrative Provisions of the Transient Occupancy Tax Ordinance that do not Require Voter Approval (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Passed ordinance to print
Resolutions

6. Resolution of Intention to Modify the Monterey County Tourism Improvement District (MCTID) Management District Plan (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 23-023 C.S.

Council Regular Meeting, 3/21/2023, Item No. 3., Item Page 2, Packet Page 12 City Council Minutes March 7, 2023
3 7. Amend Resolution 22-086, the FY 22/23 Position Control List by Adding One (1) Full Time Equivalent (FTE) Senior Facility Attendant Position and Removing One (1) Vacant FTE Facility Attendant Position (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 23-024 C.S.
*** End of Consent Agenda ***

PUBLIC HEARING

8. Amend and Restate Resolution 22-077, Master Fee Schedule to Adjust Fees for each of the Following Departments: Community Development, Parks and Recreation, City Clerk, Library, Police Department, Finance Department, Public Works Department, Parking Division, and Harbor Division (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) -- Recommended for Continuance to March 21, 2023 at 4:00 p.m.

Action: Continued to March 21, 2023 at 4:00 p.m.

Public comment was not received.

On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council continued the matter to March 21, 2023 at 4:00 p.m.

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

PUBLIC APPEARANCE

9. Authorize a Contract with Community Human Services to Pass Through $2.5 Million in State Funding for the Shuman HeartHouse, a Future Emergency Homeless Shelter Located at 600 East Franklin Street (Exempt from CEQA Article 19, Section 15303, Class 3) Action: Adopted Resolution No. 23-025 C.S.

Community Development Director Cole gave the staff presentation and answered Councilmembers' questions.

Public comment was received from: Robin McCrae, of Community Human Services, who expressed gratitude to those who made the shelter project possible and spoke of remaining financial needs; and Tammy Jennings, in praise of Community Human Services and the City for their work to make the shelter a reality.

The Council discussed the matter. Successful additions to the number of shelter beds were highlighted, and the need was stressed for additional beds. On question about the mechanics of the pass-through funding from the State, Community Development Director Cole stated she would check with her State contacts and report back to the Council at a future date. The Council made remarks in celebration of the opportunity to house more people in need, and the need to continue to look for further solutions.

Council Regular Meeting, 3/21/2023, Item No. 3., Item Page 3, Packet Page 13 City Council Minutes March 7, 2023
4 On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council adopted Resolution No. 23-025 C.S. to Authorize a Contract with Community Human Services to Pass Through $2.5 in State Funding for the Shuman HeartHouse, a Future Emergency Homeless Shelter Located at 600 East Franklin Street:

RECONVENE
The Council reconvened at 7:00 p.m.
*** Evening Session Agenda ***

PLEDGE OF ALLEGIANCE
Councilmember Garcia led the Pledge.

CONTINUED PUBLIC COMMENTS (MATTERS NOT ON AGENDA)
Public comment on non-agendized matters was received from: Steven Lucas, George Riley, Lorna Moffat, Richard Ruccello, and Esther Malkin.

PUBLIC HEARING (EVE)

10. Adopt the North Fremont Street Sidewalk Gap Closure Project Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
Action: Adopted Resolution No. 23-026 C.S.

Associate Planner Buggert gave the staff presentation and answered Councilmembers' questions together with Community Development Director Cole and Public Works Director Renny.

Public comment was received from: Therese Pipes, Mike Brassfield, Wendy Brickman, Esther Malkin, Richard Ruccello, and Robert Yoha, who all spoke in favor of the gap closure project, with numerous speakers citing safety; and Lorna Moffat, who expressed concern about planned tree removal associated with the project.

The Council spoke in support of the project and thanked the public for doing the same.

On a motion by Councilmember Garcia, seconded by Councilmember Barber, and carried by the following vote, the City Council adopted Resolution No. 23-026 C.S. to Adopt the North Fremont Street Sidewalk Gap Closure Project Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program:

Council Regular Meeting, 3/21/2023, Item No. 3., Item Page 4, Packet Page 14 City Council Minutes March 7, 2023
5 AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)

11. Resolution Adopting Proposed Draft Findings and Declaring an Intent to Overrule the Monterey County Airport Land Use Commission’s Consistency Determination for the Draft Ordinance Amending Monterey City Code Section 38-112.6 “Accessory Dwelling Units and Junior Accessory Dwelling Units” and Amending Section 38-11 “Definitions” (Statutorily Exempt from CEQA pursuant to Public Resources Code Section 21080.17.) and Directing That Notice Be Provided to the Commission and the California Department of Transportation Division of Aeronautics
Action: Adopted Resolution No. 23-027 C.S.

Principal Planner Roveri gave the staff presentation and answered Councilmembers' questions.

Public comment was received from Mike Brassfield, who encouraged the Council to support the staff recommendation.

On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution 23-027 C.S. Adopting Proposed Draft Findings and Declaring an Intent to Overrule the Monterey County Airport Land Use Commission’s Consistency Determination for the Draft Ordinance Amending Monterey City Code Section 38-112.6 “Accessory Dwelling Units:

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

COUNCIL COMMENTS
Councilmember Smith expressed thanks to Monterey residents who have come forward at recent meetings to share their thoughts with the Council.

Mayor Williamson spoke about new and old business coming to the Council and said that he looks forward to the next few months.

CITY MANAGER REPORTS
City Manager Uslar said that the upcoming Navy Chanters concert is almost sold out. He shared that the League of California Cities awarded the City an award for its adaptive traffic control system. He said that a housing survey is currently out to residents and that the City seeks responses.

ADJOURNMENT
The Council adjourned at 8:24 p.m.

Council Regular Meeting, 3/21/2023, Item No. 3., Item Page 5, Packet Page 15 City Council Minutes March 7, 2023
6 Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor
Council Regular Meeting, 3/21/2023, Item No. 3., Item Page 6, Packet Page 16 ORDINANCE NO. ____ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22

UPDATING ADMINISTRATIVE PROVISIONS OF THE TRANSIENT OCCUPANCY TAX

ORDINANCE THAT DO NOT REQUIRE VOTER APPROVAL
THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:

SECTION 1:

WHEREAS, 100% of transient occupancy tax is paid by guests of hotels or other lodging facilities. The current rate of transient occupancy tax is 12%, of which 16% is dedicated to the Neighborhood and Community Improvement Program (NCIP), and 84% funds essential City services such as the library, senior and youth recreation programs, police, fire, parks, forestry maintenance, disaster preparedness and more;
WHEREAS, Monterey City Code section 35-22.2 authorizes Chapter 35, Article 3 to be repealed or amended by the City Council without a vote of the people except as required by law, and except for tax increases as that term is defined in Government Code section 53750, and these amendments do not require a vote of the people;
WHEREAS, the proposed amendments clarify that in order to ensure the timely receipt of taxpayer funds the amount of any taxes in dispute must be deposited with the City prior to an administrative appeal, the length of time that records must be kept for auditing purposes is extended from three years to four years to match the statute of limitations, and wording has been updated to be consistent throughout the ordinance; 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, 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.

Date: 3/21/2023
Item No.: 4.

Council Regular Meeting, 3/21/2023, Item No. 4., Item Page 1, Packet Page 17 2 SECTION 3: Monterey City Code, Chapter 35, Section 15(a) is hereby amended to read as follows:
“a. Each operator of a visitor accommodation facility shall, on or before the 15th day of each month, remit the full amount of taxes collected for the previous month with a completed return form provided by the City. Returns are timely if received on or before the 15th or if postmarked by the 15th. In the event that the due date falls on Saturday, Sunday or a holiday, the due date will become the first working day following the Saturday, Sunday or holiday. Failure of the City to provide a return form does not excuse the operator from the obligation to timely remit the tax pursuant to this article.” SECTION 4: Monterey City Code, Chapter 35, Section 18 is hereby amended to read as follows:
“Sec. 35-18. Appeals.

Any operator aggrieved by a decision of the Finance Director with respect to Section 35-16(c) (Fraud), Section 35-16(f) (Audit Deficiency), and Section 35-17 (Failure to collect and report tax), may appeal to the Appeals Hearing Board by filing a written notice of appeal with the City Attorney’s Office within 15 calendar days of the service of the determination of tax due. All other decisions of the Finance Director are final. The Clerk of the Board shall fix a time and place for hearing such appeal, and the City shall give notice in writing by serving it personally, by email, or by depositing it in the United States mail, postage prepaid, addressed to such operator at the last known place of address. At the hearing, the operator and the Finance Director shall have an opportunity to explain their case and introduce evidence. Formal rules of evidence do not apply in proceedings under this section and the Board may consider any evidence or information deemed relevant and reasonably reliable. The decision of the Appeals Hearing Board shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. If the Board upholds the appeal, or a portion thereof, within 30 days of the Board’s decision the City shall refund the deposited amount of the tax, interest or penalty as specified in the decision.”
SECTION 5: Monterey City Code, Chapter 35, Section 19 is hereby amended to read as follows:
“Sec. 35-19. Records to be kept.

It shall be the duty of every operator liable for the collection and payment to the City of any tax imposed by this article to keep and preserve, for a period of four years not including the present calendar year, all records as may be necessary to determine the amount of such tax the operator may have been liable for the collection of and payment to the City. The Finance Director and authorized agents shall have the right to inspect such records at all reasonable times. The records maintained by the operator under this section shall include, but are not limited to, the following:

Council Regular Meeting, 3/21/2023, Item No. 4., Item Page 2, Packet Page 18 a. A written report that includes daily records of all of the following:

1. Name of person occupying the room;

2. Number or other identifier of the room occupied;

3. Room rate;

4. Amount charged, if any, for the occupancy;

5. Amount of transient occupancy tax collected; and

6. Method of payment.
b. A written record of each occupancy for which an exemption is claimed, including the name of the person occupying the room, date(s) of occupancy, reason(s) for the exemption, and the exemption claim form required under Section 35-12.

All records which may be necessary to inspect shall be kept within the City or shall be produced within 10 working days of written notice at the business location within the City.

In the event that records are not produced upon request, or, such records are not reasonably able to be audited, tax, interest, and penalties will be levied based upon the average room rate and occupancies for similar properties within the City during the audit period. Further, and without limitation, any operator who does not produce records following written notice as set forth herein shall pay, as a civil penalty, in addition to any tax, penalty or interest, the sum of $100.00 per day for each business day the records are not produced for audit.

Further, the City may issue a subpoena pursuant to Government Code Section 37104, et seq., as may be amended, or utilize any other lawful means to access and inspect the records of an operator who refuses to make such records available for inspection.” SECTION 6: Monterey City Code, Chapter 35, Section 20 is hereby amended to read as follows:
“Sec. 35-20. Refunds.
a. Claim Required. Whenever the amount of any tax, interest or penalty has been overpaid, paid more than once, or has been erroneously or illegally collected or received by the City under this article, the amount may be refunded as provided in subsections (b) and (c) below; provided, that a claim in writing is filed in accordance with Section 1-8.2 stating under penalty of perjury the specific grounds upon which the claim is founded and within a period of one year from the date of the claimed overpayment. b. Claim by Operator. An operator may claim a refund, or take as credit against taxes collected and remitted, the amount overpaid, paid more than once, or erroneously or illegally collected or received, when it is established in a manner prescribed by the Finance Director that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the payor or credited to rent subsequently payable by the payor to the operator.

Council Regular Meeting, 3/21/2023, Item No. 4., Item Page 3, Packet Page 19 4 c. Claim by Payor. A payor may obtain a refund of taxes overpaid, paid more than once, or erroneously or illegally collected or received by the City by filing a claim in the manner provided in subsection (a) above, but only when the tax was paid by the payor directly to the City, or when the payor having paid the tax to the operator, establishes to the satisfaction of the Finance Director that the payor has been unable to obtain a refund from the operator who collected the tax.”
SECTION 7: Monterey City Code, Chapter 35, Section 21 is hereby amended to read as follows:
“Sec. 35-21. Condition Precedent for Administrative, Legal, or Equitable Claims.

No person may commence or maintain any proceeding, or assert any administrative, legal or equitable claim of any kind, whether affirmatively or by defense, against the City challenging or disputing in any way the imposition, assessment or collection of any tax, interest, or penalty imposed under this Article, unless the person first deposits with the City the full amount of any tax, interest or penalty imposed or assessed or otherwise challenged or claimed to be in dispute. Only after payment of the full amount of any tax, including interest and any penalties assessed or imposed, claimed to be illegal or otherwise improper, may a person maintain an action to recover the tax and other amounts paid and in dispute, with interest, in such manner as provided by law.”
SECTION 8: Monterey City Code, Chapter 35, Section 20 is hereby amended to read as follows:
“Sec. 35-22. Collection by court action.
a. Any tax required to be paid by any transient under the provisions of this Article shall be deemed a debt owed by the transient to the City.
b. Failure of an operator to collect tax required to be paid by a transient shall not excuse the operator from the operator’s obligation under this Article. Any such tax collected by an operator that has not been paid to the City shall be deemed a debt owed by the operator to the City. Any tax required to be paid by any transient that is not collected by the operator is deemed a debt owed by the operator to the City. c. Any person owing money to the City under the provisions of this Article shall be liable to an action brought in the name of the City of Monterey for the recovery of such amount. d. If any amount required to be paid to the City under this Article is not paid when due, the Finance Director may, within four years after the amount is due, file an action to collect any unpaid amount and seek a judgment to enforce collection of the debt. All lawful means of judgment collection shall be available to the Director of Finance, including but not limited to a lien on real property.”
SECTION 9: All ordinances and parts of ordinances in conflict herewith are hereby Council Regular Meeting, 3/21/2023, Item No. 4., Item Page 4, Packet Page 20 repealed.

SECTION 10: This ordinance shall be in full force and effect thirty (30) days from and after its final passage and adoption.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ 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, 3/21/2023, Item No. 4., Item Page 5, Packet Page 21 Council
Agenda Report
FROM: Hans Uslar, City Manager
Christine Davi, City Attorney
Prepared By: Karin Salameh, Assistant City Attorney
SUBJECT: Approve Participation in Nationwide Opioid Litigation Settlements with Teva, Allergan, CVS, Walgreens, and Walmart; and Authorize the City Manager to Execute the Participation Agreements and Request Direct Payments to the City (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council approve participation in nationwide settlement agreements that would resolve opioid litigation brought by states and local political subdivisions against two pharmaceutical manufacturers, Teva and Allergan, and three pharmacies, CVS, Walgreens, and Walmart; and authorize the City Manager to sign the participation agreements and request a direct payment of the settlement funds to the City.

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 meets the City Council’s stated value driver of “working to improve the quality of life of our residents.”
FISCAL IMPLICATIONS:

Under the proposed settlement agreements, California will receive a maximum of $1.8 billion if all eligible California local governments sign on. The City’s weighted allocation percentage among eligible California subdivisions is 0.033654%. Based on California's distribution allocations and assuming a best-case scenario for participation, if the City elects to participate, it would receive at most approximately $500,000 in total. The five settlements are paid over periods ranging from 6 to 15 years. If fewer subdivisions participate in the settlement agreement, the City will receive less money due to decreased incentive payments.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 3/21/2023, Item No. 5., Item Page 1, Packet Page 22 Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

See the three options discussed below.

DISCUSSION:

In December 2021, the City Council authorized the City to participate in a nationwide opioid litigation settlement reached with the three largest pharmaceutical distributors – McKesson, Cardinal Health, and AmerisourceBergen (collectively “Distributors”) – and Janssen Pharmaceuticals, including its parent corporation Johnson & Johnson (collectively “Janssen”), which manufactured and marketed opioids. The City elected to receive direct payments and over the past two years has received $72,828.64 in settlement payments from the Janssen and Distributors combined.

In late 2022, similar nationwide settlements were reached with opioid manufacturers Teva and Allergan and pharmacies Walmart, Walgreens, and CVS (collectively, the “Pharmacies”).

Although the City was not a party to the underlying actions, it and other cities and counties may elect to participate in the settlements by executing participation agreements. Under these 5 proposed settlement agreements, California will receive a maximum of $1.8 billion if all eligible California local governments sign on. Based on California's distribution allocations and assuming a best case scenario for participation, if the City elects to participate, it would receive approximately $500,000 in total from the five settlements. The five settlements are paid over periods ranging from 6 to 15 years.

As with the prior settlement, the City has three options regarding the settlements with Teva, Allergan, and the Pharmacies. It can:

1. Not participate in the settlements. The City's share of the settlement payment would then go to the State of California, and the overall payment to the State would not be maximized as a portion of the overall payment is based on the number of participating local entities.

2. Participate in the settlements, but not request a direct payment. The City's share of the settlement payment will then go to the County of Monterey. The County is not required to spend the City's share within the City's jurisdiction but may spend it anywhere in the County. The County would be responsible for all reporting requirements relating to the funds.

Council Regular Meeting, 3/21/2023, Item No. 5., Item Page 2, Packet Page 23

3. Participate in the settlements and request a direct payment. The settlement payments may only be used for abatement activities specified in the agreement, including but not limited to providing funding for Substance Use Disorder (“SUD”) facilities, the diversion of people with SUD from the justice system into treatment, addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD, etc. Funds received and not spent in accordance with the agreement within 5 years must be transferred to the State. Additionally, annual reports must be filed with the State regarding the use of the funds.

Staff recommends that the City participate in the settlements and request a direct payment (option 3). To do so, the City must release its claims against Teva, Allergan, and the Pharmacies. In exchange, the City will receive up to $500,000 paid over 6 to 15 years, which the City can use to combat substance abuse and related issues.

The deadline for eligible cities and counties to join these settlements is April 18, 2023. Further, information is available on the national settlement on the California website:
https://oag.ca.gov/opioids. Additional information and documents regarding the national Settlements and individual state allocations can be found on the Settlements website at https://nationalopioidsettlement.com/.

Attachments: 1. Resolution
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/submitted_comments
Council Regular Meeting, 3/21/2023, Item No. 5., Item Page 3, Packet Page 24 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY

APPROVING PARTICIPATION IN NATIONWIDE OPIOID LITIGATION SETTLEMENTS WITH TEVA, ALLERGAN, WALGREENS, WALMART, AND CVS; AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE PARTICIPATION AGREEMENTS AND REQUEST DIRECT PAYMENTS TO THE CITY.

WHEREAS, in late 2022, nationwide opioid litigation settlement agreements were reached with opioid manufacturers Teva and Allergan and pharmacies Walmart, Walgreens, and CVS (collectively, the “Pharmacies”);
WHEREAS, although the City of Monterey was not a party to the litigation, it and other cities and counties may elect to participate in the settlements by executing the participation agreements;
WHEREAS, under the agreements with Teva, Allergan, and the Pharmacies, the State of California will receive a maximum of $1.8 billion, which will be allocated between the State, cities, and counties pursuant to an intra-state allocation agreement; WHEREAS, settlement payments may only be used for abatement activities specified in the agreement, including, but not limited to, providing funding for Substance Use Disorder (“SUD”) facilities, diverting people with SUD from the justice system into treatment, addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD, etc. Funds received and not spent in accordance with the agreement within 5 years must be transferred to the State. Additionally, annual reports must be filed with the State regarding the use of the funds; 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, 3/21/2023, Item No. 5., Item Page 4, Packet Page 25 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby approves participation in the nationwide opioid litigation settlements with Teva, Allergan, Walgreens, Walmart, and CVS; and authorizes the City Manager to execute the participation agreements and request direct payments to the City.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 3/21/2023, Item No. 5., Item Page 5, Packet Page 26 Council
Agenda Report
FROM: Brette Neal, Human Resources Director
Prepared By: Gina Russo, Assistant Human Resources Director SUBJECT: Approve the Memorandum of Understanding (MOU) for the General Employees of Monterey (GEM) for the period of July 1, 2022 through June 30, 2024 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)
RECOMMENDATION:

It is recommended that the City Council approve the Memorandum of Understanding (MOU) for the General Employees of Monterey for the period of July 1, 2022 through June 30, 2024.

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 Meyers-Milias-Brown Act (MMBA) of 1968 established collective bargaining for California’s municipal, county and local special district employers and employees. Under MMBA, the governing body of a public agency is required to meet and confer over wages, hours and other terms and conditions of employment.

FISCAL IMPLICATIONS:

The increased annualized ongoing salary and benefits cost for the GEM agreement is $671,830 in year one and $1,368,733 in year two of the contract term. The general fund will absorb the annualized cost in the FY 22/23 and FY 23/24 budgets.

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.

Date: 3/21/2023
Item No.: 6.

Council Regular Meeting, 3/21/2023, Item No. 6., Item Page 1, Packet Page 27 ALTERNATIVES CONSIDERED:

No alternatives to reaching a successor agreement were considered. The General Employees of Monterey members and City of Monterey staff contributed to the development of the MOU as presented.

DISCUSSION:

A Tentative Agreement (TA) was considered and approved by City Council on September 6, 2022 in closed session. On September 13, 2022, GEM ratified a Tentative Agreement (TA) with the City of Monterey; the full MOU is presented for formal approval action today.

The General Employees of Monterey MOU provides for a two-year agreement with salary increases of four percent (4%) in FY 22/23 and four percent (4%) in FY 23/24. In addition, for the health insurance plan year January 1, 2024 only, the City shall increase its contributions for health insurance, not to exceed 9% to the new PERS Gold premiums.

BK/gr
Attachments: 1. Resolution

2. Exhibit A – GEM MOU 7/1/2022 – 6/30/2024
c: Christine Davi, City Attorney
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, 3/21/2023, Item No. 6., Item Page 2, Packet Page 28 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY

APPROVE THE MEMORANDUM OF UNDERSTANDING (MOU) FOR THE GENERAL

EMPLOYEES OF MONTEREY (GEM) FOR THE PERIOD OF
JULY 1, 2022 THROUGH JUNE 30, 2024
WHEREAS, the City Council approved a Tentative Agreement with the General Employees of Monterey on September 6, 2022 in closed session; WHEREAS, the City of Monterey ratified a Tentative Agreement with the General Employees of Monterey on September 13, 2022;
WHEREAS, the General Employees of Monterey MOU provides for a two-year agreement with salary increases of four percent (4%) in FY 22/23 and four percent (4%) in FY 23/24. In addition, for the health insurance plan year January 1, 2024 only, the City shall increase its contributions for health insurance, not to exceed 9% to the new PERS Gold premiums; 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, 3/21/2023, Item No. 6., Item Page 3, Packet Page 29 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby ratifies and approves the Memorandum of Understanding (MOU) for the General Employees of Monterey for the period of July 1, 2022 through June 30, 2024 (Exhibit A).

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 3/21/2023, Item No. 6., Item Page 4, Packet Page 30 GEM MOU July 1, 2022 – June 30, 2024 Page 1 of 32
10120812.1 MO475-018

MEMORANDUM OF UNDERSTANDING
between the

CITY OF MONTEREY
and the

GENERAL EMPLOYEES OF MONTEREY (GEM) /

LABORERS INTERNATIONAL UNION OF NORTH AMERICA (LIUNA) / UNITED PUBLIC EMPLOYEES OF CALIFORNIA (UPEC), LOCAL 792,

AFL-CIO
July 1, 2022 through June 30, 2024
DocuSign Envelope ID: CEC5C45A-77AC-4129-A676-53E7A4680FBB Exhibit A
Council Regular Meeting, 3/21/2023, Item No. 6., Item Page 5, Packet Page 31 GEM MOU July 1, 2022 – June 30, 2024 Page 2 of 32
10120812.1 MO475-018
Table of Contents
SECTION 1 RECOGNITION AND IMPLEMENTATION ................................................................................4 SECTION 2 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING ...........................................4 SECTION 3 SALARY ..................................................................................................................................5 SECTION 4 LONGEVITY PAY.....................................................................................................................5 SECTION 5 STEP ADVANCEMENTS..........................................................................................................5 SECTION 6 INSURANCE PLAN..................................................................................................................6 SECTION 7 RETIREMENT..........................................................................................................................8 SECTION 8 BENEFITS DURING WORKERS COMPENSATION & SHORT TERM DISABILITY PLAN ......10 SECTION 9 UNIFORM ALLOWANCE .......................................................................................................10 SECTION 10 SHOE REIMBURSEMENT .....................................................................................................11 SECTION 11 TOOL ALLOWANCE..............................................................................................................12 SECTION 12 STAND-BY AND COMPENSATION .......................................................................................12 SECTION 13 CALL BACK ..........................................................................................................................13 SECTION 14 COMPENSATORY TIME OFF ................................................................................................13 SECTION 15 HOLIDAY TIME......................................................................................................................14 SECTION 16 OVERTIME ............................................................................................................................15 SECTION 17 FLOATING HOLIDAY ............................................................................................................15 SECTION 18 NIGHT SHIFT DIFFERENTIAL ...............................................................................................15 SECTION 20 BILINGUAL PROGRAM AND COMPENSATION....................................................................16 SECTION 21 EDUCATION INCENTIVE PLAN.............................................................................................18 SECTION 22 TUITION REIMBURSEMENT .................................................................................................18 SECTION 23 MINIMUM LEAVE EVENTS....................................................................................................18 SECTION 24 VACATION SCHEDULE AND MAXIMUM ACCRUAL.............................................................18 SECTION 25 VOLUNTARY UNPAID LEAVE...............................................................................................19 SECTION 26 SICK LEAVE..........................................................................................................................20 SECTION 27 MATERNITY AND PARENTAL LEAVE ..................................................................................22 SECTION 28 PROBATION PERIOD DURATION.........................................................................................22 SECTION 29 RECLASSIFICATION.............................................................................................................22 SECTION 30 EMPLOYEE ASSISTANCE PROGRAM .................................................................................23 SECTION 31 DRUG AND ALCOHOL TESTING ..........................................................................................23 SECTION 32 WELLNESS PROGRAM ........................................................................................................25 SECTION 33 FITNESS ACTIVITY PLAN .....................................................................................................25 SECTION 34 BICYCLE COMMUTER PROGRAM .......................................................................................26 SECTION 35 BARGAINING UNIT STATUS FOR POSITION CLASSIFICATIONS-NOTICE PROCEDURE...26 SECTION 36 CITY EMAIL...........................................................................................................................27 SECTION 37 PERIODIC MEETINGS...........................................................................................................27 SECTION 38 BENEFITS COMMITTEE........................................................................................................27 SECTION 39 PERSONNEL RULES AND REGULATIONS 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SECTION 40 FLEXIBLE AND REMOTE SCHEDULING ..............................................................................28 SECTION 41 MEDICARE OPTION..............................................................................................................28 SECTION 42 DEFERRED COMPENSATION...............................................................................................28 SECTION 43 RETIREMENT HEALTH SAVINGS PLAN...............................................................................29 SECTION 44 WORKING OUT OF CLASS...................................................................................................29 SECTION 45 GROUP LEGAL SERVICES...................................................................................................29 SECTION 46 ALTERNATE STAFFING – ENGINEERING CLASSIFICATIONS............................................29 SECTION 47 CITY CEMETERY SERVICES ................................................................................................29 SECTION 48 ALTERNATIVE DISPUTE RESOLUTION PROCEDURE ........................................................30 SECTION 49 USE OF VOLUNTEERS .........................................................................................................30 SECTION 50 CITY RECREATION PROGRAM FEES ..................................................................................30 SECTION 51 MINIMUM SHIFT CHANGE NOTIFICATION FOR NON-EMERGENCY SITUATIONS..............30 SECTION 52 PROVISIONS OF LAW...........................................................................................................30 SECTION 53 CONTRACTING OUT.............................................................................................................31 SECTION 54 FULL UNDERSTANDING, MODIFICATION AND WAIVER.....................................................31 DocuSign Envelope ID: CEC5C45A-77AC-4129-A676-53E7A4680FBB Exhibit A
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MEMORANDUM OF UNDERSTANDING
between the

CITY OF MONTEREY
and the

GENERAL EMPLOYEES OF MONTEREY (GEM) /

LABORERS INTERNATIONAL UNION OF NORTH AMERICA (LIUNA) / UNITED PUBLIC EMPLOYEES OF CALIFORNIA (UPEC), LOCAL 792, AFL-CIO July 1, 2022 through June 30, 2024
This Memorandum of Understanding is entered into pursuant to the Meyers-MiliasBrown Act (Government Code Sections 3500-3510) and the Employer-Employee Relations Resolution of the City of Monterey and is made by and between authorized representatives of the City of Monterey (hereinafter referred to as "City"), and the General Employees of Monterey (hereinafter referred to as "Union").

SECTION 1 RECOGNITION AND IMPLEMENTATION

1.1. The City hereby recognizes the Union as the exclusive bargaining agent for all employees within the bargaining unit.

1.2. This Memorandum of Understanding (MOU) constitutes a mutual recommendation to be jointly submitted to the City Council. It is agreed that this Memorandum of Understanding shall not be binding upon the parties either in whole or in part unless and until ratified by the Union’s membership, and unless and until the City Council acts, by a four-fifths (4/5) vote, to formally approve this Memorandum of Understanding. It is understood by the parties that the City Council must, as a part of the implementation, appropriate the necessary funds required to implement the provisions of this Memorandum of Understanding which require funding; and take any other action required.

SECTION 2 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING

2.1. This Memorandum of Understanding shall be effective on July 1, 2022 and shall remain in full force and effect through June 30, 2024. It is understood and agreed that the terms, conditions, wages, and all provisions of this Memorandum of Understanding shall continue in effect after June 30, 2024 until a new Memorandum of Understanding is negotiated and subsequently ratified by the Union and the City Council, or until this Memorandum of Understanding is superseded by action of the City Council.

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SECTION 3 SALARY

3.1. Salary Adjustments

3.1.1. For 2022-2023 fiscal year:
a. Effective September 16, 2022 salary schedules shall increase by

4.0%. In addition to the wage increase above, each employee will receive a one-time lump sum payment of $500.00.

3.1.2. For 2023-2024 fiscal year:
a. First full pay period following July 1, 2023, salary schedules increase by 4.0%. In addition to the wage increase above, each employee will receive a one-time lump sum payment of $500.00.

SECTION 4 LONGEVITY PAY

4.1. Employees hired into City employment on or after December 6, 2016, shall not be eligible for Longevity Pay.

4.2. Employees will receive longevity pay the first full pay period following the anniversary date that meets the following required years of continuous fulltime service:

4.2.1. For those employees hired before December 6, 2016, with at least twenty (20) years of continuous full-time City of Monterey service or more, the City will provide a 5.0% increase to base pay for longevity pay.

4.2.2. For those employees hired before December 6, 2016, with at least twenty-five (25) years of continuous full-time City of Monterey service or more, the City will provide a total of 10.0% increase to base pay for longevity.

4.2.3. For those employees hired before December 6, 2016, with at least thirty (30) years of continuous full-time City of Monterey service or more, the City will provide a total of 15.0% increase to base pay for longevity

4.3. Employees receiving stacked longevity pay in effect at the time of ratification will continue receiving such compounded 10.0% and 15.0% pay. For example, an employee currently receiving longevity for twenty-five (25) years will continue to receive 10.25% and those currently receiving longevity for thirty (30) years will continue to receive 15.763%. If an employee becomes eligible for longevity pay following ratification of this MOU, or additional longevity pay, the flat rates of 10.0% and 15.0% as described above will apply.
.

SECTION 5 STEP ADVANCEMENTS

5.1. Step advancements are merit increases and are not automatic. An employee must perform the duties of the position in a manner satisfactory to the department head to receive a step advancement.

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5.2. Eligibility for such step advance shall be upon completion of twelve (12) months satisfactory service in the employee's prior step. An employee's initial placement on the step system shall be determined by Sections 25-5.04 or 25-

5.06 of the Monterey City Code (Personnel Rules and Regulations).

5.3. Step advancements shall be made on the anniversary date. No advancement shall be made without a performance evaluation with a written recommendation by the department head and approval of the City Manager or designated representative.

SECTION 6 INSURANCE PLAN
The following is a brief summary of insurance benefits. To the extent that the insurance programs detailed below continue to be available, the City will continue to offer these programs. Employees should refer to the plan documents for a complete description of benefits, coverage and limitations. If, during the term of this agreement, a change in insurance plans or coverage is necessary, the City shall provide notice thirty (30) days in advance, and, upon request, meet with representatives of the Union. If, during the term of this agreement, the premium for an insurance plan changes, the City will attempt to provide a thirty (30) day notice in advance of the rate change.

6.1. Dental/Orthodontia Insurance

6.1.1. The City shall pay the full cost for employee dental insurance administered by a third-party administrator up to the annual maximums described in the plan description.

6.1.2. The City will afford eligible employee dependents the opportunity to participate in an open enrollment every three (3) years. An employee electing coverage for dependent(s) shall pay the full cost for dependent dental premiums rounded up to the nearest dollar.

6.2. Vision Care

6.2.1. The City will continue to provide vision care insurance, and pay the full cost of premiums, for employees and dependents. The plan will provide for expenses incurred up to the annual maximums described in the plan description.

6.3. Life Insurance

6.3.1. The City will continue to provide a $20,000.00 Term Life Insurance and Accidental Death and Dismemberment Policy for each employee covered by this agreement.

6.3.2. Additional Term Life Insurance may be purchased by each employee through payroll deductions in increments of $10,000.00, subject to the City’s life insurance carrier’s coverage limitations. At least $100,000.00 of term life insurance will be available to employees for purchase. Only premiums for up to $30,000.00 of employee purchased term life insurance may be paid on a pre-tax basis. The purchase of additional insurance shall be in accordance with payroll deduction DocuSign Envelope ID: CEC5C45A-77AC-4129-A676-53E7A4680FBB Exhibit A
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procedures established by the Finance Director and the underwriting requirements of the insurance carrier.

6.3.3. Subject to the conditions of the City’s life insurance carrier, the City shall offer to employees at the time of their retirement the option to convert their life insurance policy (both City-paid and employee-purchased supplemental insurance) to individual coverage at the employees’ expense.

6.4. Health Insurance – Cafeteria Plan

6.4.1. CalPERS Medical Benefits
a. The City provides health insurance through California Public Employee’s Retirement System (“CalPERS”) The provisions of this plan require participation by the Union in the Public Employees Medical and Hospital Care Act (“PEMHCA”) that requires the City to contribute a minimum monthly health premium contribution pursuant to Government Code 22892.
i. For the plan year beginning January 1, 2023, the City shall make a nonelective employer contribution to the flexible benefits plan on behalf of each active employee 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
b. [EXAMPLE: For 2023, the PEMHCA minimum contribution is $151.00; 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.] c. This contribution is known as the Health Plan Spending Fund (“HPSF”).
i. For the plan year January 1, 2024 only, if the amounts in subsection a. above are less than the total premiums for CalPERS Gold, the City shall increase its contributions, not to exceed 9.0%, to the new CalPERS Gold premiums.

6.4.2. Medical Waiver
a. Employees who opt out of the City sponsored CalPERS plan for health insurance, and provide proof of alternate group medical insurance will be entitled to $300.00 per month. To qualify, an employee must provide proof of alternate group coverage to Human Resources. Alternate coverage must be acceptable by the City and compliant with the Affordable Care Act.

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6.4.3. Cafeteria Plan and Optional Benefits
a. In accordance with IRS Code Section 125, the City will provide a Flexible Benefits Plan (“Cafeteria Plan”) to all eligible employees.

Employees may elect to participate in the following three (3) Section 125 programs offered by the City:
 Premium Conversion;
 Dependent Care (IRS contribution limits apply); and
 Flexible Spending Account (IRS contribution limits apply). b. Each of these programs will be administered in accordance with the IRS Code.
c. Consistent with applicable laws and regulations, each employee may use his/her HPSF for any benefits permitted by law and provided for in the Cafeteria Plan document. Those benefits include:
 Health insurance in accordance with CalPERS
regulations and Federal law;
 Dependent dental coverage;
 Additional life insurance, provided by the City’s insurance carrier, up to the maximum allowed by the City’s carrier;  Dependent Care Assistance Plan (DCAP) Employees will
pay any administration fee for this service through payroll deductions;
 Flexible Spending Account (FSA) Employees will pay any administration fee for this service through payroll
deductions; and
 Effective January 1, 2021, the option to take any unused cash value after selecting from the above options has
been eliminated.

6.4.4. Retiree Medical Premium
a. Covered employees who retire under the provisions of the City’s contract with CalPERS, are currently eligible to continue CalPERS medical coverage. The City will make the mandatory minimum employer health premium contribution for City retirees participating in the PEMHCA. The mandatory monthly rate is established by CalPERS annually, and is effective on January 1 of each calendar year pursuant to Government Code Section 22892.

SECTION 7 RETIREMENT

7.1. Classic Members – Tier 1

7.1.1. For employees hired prior to January 1, 2013, the City will continue to provide the 2.7% @ 55 CalPERS Miscellaneous Members Retirement for each employee covered by this agreement. The same 2.7% @ 55 will DocuSign Envelope ID: CEC5C45A-77AC-4129-A676-53E7A4680FBB Exhibit A
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be provided to new employees, subject to CalPERS determination, who were previously employed by the City of Monterey as a full-time employee, or who were employed full-time by another CalPERS (or reciprocal) agency within six (6) months from date of hire by the City of Monterey.

This policy is in keeping with the California Public Employees’ Pension Reform Act (“PEPRA”). As of July 1, 2013, the City's contract with CalPERS for the 2.7% @ 55 plan contains the following plan amendments:
 Highest twelve (12) consecutive months for purposes of determining final compensation (Section 20042).
 Sick leave credit/conversion to service time (Section 20965).  1959 Survivor Benefit Level 4(Section 21574). The
employer’s cost for this benefit will be paid by the employees through payroll deduction. This amount is set by CalPERS each fiscal year.
 Exclusion of hourly rated employees (Section 20305).
 Military Service Credit (Section 21024).
 Partial Service Retirement (Section 21118).
 Employees Sharing Cost of Additional Benefits (Section 21354.5)

7.1.2. The City shall pay for any increase in the employer rate and shall retain any savings from a decrease in the employer rate and/or contribution credits (rebates) from CalPERS.

7.1.3. Classic employees contribute on a pre-tax basis the 8.0% employee contribution amount established by CalPERS. Effective July 1, 2011, Classic employees contribute on a pre-tax basis a 3.0% cost share towards the Employer Contribution to CalPERS. The total contribution, which is memorialized by a 2018 contract amendment with CalPERS, is

11.0%. The City shall maintain the IRS 414(h)(2) provision allowing employees to defer State and Federal Income taxes on their CalPERS contributions.

7.2. PEPRA Members – Tier 2

7.2.1. For employees hired on or after January 1, 2013 who have not been previously employed by the City of Monterey as a full-time employee, or who were employed full-time by another CalPERS (or reciprocal) agency and had a break in service greater than six (6) months from date of hire by the City of Monterey, subject to CalPERS determination, will be placed on a second CalPERS Plan tier. The second tier for these employees is the 2.0% @ 62 and contains the same plan amendments as the 2.7% @ 55 plan described above, except that PEPRA requires the 2.0% @ 62 retirement formula to be based on a 36-month average of annual pensionable compensation earned (rather than a 12- month average), and employees on the second tier contribute 50% of the normal cost of the plan as established by CalPERS and are not required DocuSign Envelope ID: CEC5C45A-77AC-4129-A676-53E7A4680FBB Exhibit A
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to participate in any cost-sharing of the Employers’ Contribution to CalPERS. The City shall maintain the IRS 414(h)(2) provision allowing employees to defer State and Federal Income taxes on their CalPERS contributions.

SECTION 8 BENEFITS DURING WORKERS COMPENSATION AND SHORT

TERM DISABILITY PLAN
The City provides workers compensation benefits in accordance with state law and shall provide a Short Term/Long Term Disability Plan. During the term of this agreement, the City will pay any increase in costs and will retain any savings resulting from a decrease in cost for this plan.

8.1. Maintenance of Benefits

8.1.1. The City will provide the employee on an industrial or non-industrial disability protected leave of absence with benefits for up to a maximum of twelve (12) months per incident in accordance with state and federal law.

8.1.2. Employees out on leave in excess of twelve (12) months will resume benefits in the first month after returning to work in a full-time status.

8.2. Leave Accrual

8.2.1. If, due to an industrial injury or illness, an employee is in a pay status (either City pay or WC pay) for the majority of the month, leave accruals (sick leave, vacation, and holidays) shall continue for the first six (6) months of the disability.

8.2.2. If, due to a non-industrial injury or illness, an employee receives disability payments for what constitutes the majority of the month, the employee shall not accrue leave (sick leave, vacation, and holiday).

SECTION 9 UNIFORM ALLOWANCE

9.1. Except where noted below, the City will provide and launder uniforms for employees who are required to wear a standard uniform.

9.2. All full-time non-sworn employees of the Police Department who are required to wear a standard uniform shall receive an allowance of $70.00 per month.

9.3. Each full-time Facility Attendant shall be reimbursed up to $230.00 per fiscal year upon submission of receipt(s) for the cost of purchasing City uniform pants.

9.4. In those divisions where uniforms are provided and laundered, eleven uniforms will be made available to each employee.

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SECTION 10 SHOE REIMBURSEMENT

10.1. All full-time employees required to wear safety shoes as a condition of employment shall, at the employee's request, receive up to $225.00 per fiscal year in reimbursement for the purchase or repair of safety shoes (so long as after the repair the shoes continue to meet the California Division of Occupational Safety and Health (OSHA) requirements for safety).

10.2. The City may authorize direct bill payment for shoes required at a vendor of the City’s choice. The employee may continue with the current reimbursement method or utilize the direct billing method. If the employee purchases shoes for an amount (including tax) greater than the annual limits described in this section, the employee shall pay the difference to the vendor at the time of purchase.

10.3. The following classifications are eligible to receive shoe reimbursement:

10.3.1. Building Maintenance
 Senior Parts Clerk
 HVAC Senior Technician
 Senior Locksmith
 Building Maintenance Supervisor
 Facilities Maintenance Coordinator
 Building Maintenance Craftsworker
 Building Maintenance Worker
 Custodian
 Senior Custodian
 Building Technician
 Inspector
 Senior Building Inspector
 Code Compliance Officer

10.3.2. Building and Safety
 Building Technician
 Inspector
 Senior Building Inspector
 Code Compliance Officer

10.3.3. Engineering
 Public Works Inspector
 Senior Public Works Inspector
 Environmental Regulations Analyst
 Engineering Technician
 Engineering Assistant II
 Engineering Assistant I
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10.3.4. Harbor
 Harbor Maintenance Craftsworker
 Harbor Security Worker (FT, RPT, PTS)
 Facility Attendant (RPT)
 Harbor Coordinator

10.3.5. Mechanical
 Parts Clerk
 Lead Mechanic
 Automotive Mechanic

10.3.6. Parking
 Parking Maintenance Leadworker
 Parking Maintenance Worker

10.3.7. Streets
 Street Maintenance Leadworker
 Street Maintenance Worker
 Senior Street Maintenance Worker
 Street and Utilities Supervisor
 Sign Craftsworker

10.3.8. Parks and Recreation
 Park Maintenance Worker
 Senior Park Maintenance Worker
 Park Maintenance Leadworker
 Park Maintenance Supervisor
 Park Maintenance Craftsworker
 Parks Maintenance Crafts Lead Worker
 Urban Forester
 Assistant Urban Forester
 Greenbelt Coordinator
 Park Attendant
 Cemetery Maintenance Worker
 Cemetery Coordinator
SECTION 11 TOOL ALLOWANCE

11.1. Full-time employees in the classifications of Lead Mechanic and Automotive Mechanic, who are required to provide their own tools, shall receive a tool allowance of $40.00 per month per employee.

SECTION 12 STAND-BY AND COMPENSATION

12.1. Employees shall be paid $35.00 per 24-hour period during a weekday, or portion thereof, and $80.00 per 24-hour period during a weekend day or DocuSign Envelope ID: CEC5C45A-77AC-4129-A676-53E7A4680FBB Exhibit A
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official holiday, or portion thereof, when assigned to stand-by in accordance with established departmental procedures.

12.2. Stand-by shall be defined as that circumstance which requires an employee who is not on duty and assigned by the department to:
 Be ready to respond immediately to a call for service;  Be readily available at all hours by telephone or other agreed upon communication equipment; and
 Refrain from activities which might impair their ability to perform their assigned duties when called upon.

12.3. Where an employee is on stand-by and called out to respond, the employee shall receive a minimum of two (2) hours compensation at time-and-one-half regular rate of pay, or compensation for hours worked (including Fair Labor Standards Act (FLSA) overtime, whichever is greater.)

12.4. The City will compensate those employees on stand-by for actual time worked or a minimum of $10.00 per incident, whichever is greater, if required to respond to calls but not required to report to work, for incident notifications received between the hours of 11:00 p.m. and 6:00 a.m. Incident, for purposes of this section, shall be defined as those calls initiating service, and to exclude follow-up calls relating to the initial service call.

12.5. Those employees who are on standby and are called to respond to duty, shall follow division procedure to provide notification when the employee leaves the designated work site following completion of the called-out duty request.

After thirty (30) minutes have expired following completion of the called out duty request, if the employee receives a new call to respond to duty while on standby, that employee shall receive a new two-hour minimum compensation for such call.

SECTION 13 CALL BACK

13.1. Those employees who are called back to work on a day off or after having completed the normal shift, and after having left the work site, for emergencies shall receive a minimum of two (2) hours compensation at timeand-one-half base pay or compensation for hours worked (including eligible FLSA overtime), whichever is greater, when called back to respond to such an emergency. Employees may be assigned to a roll down call back list and shall not be subject to the stand-by provisions and requirements of Section

13. Roll down call back lists are composed of employees who may be called during an emergency and are called in sequence until a person whose name is on the list is contacted and able to respond in a timely manner.

SECTION 14 COMPENSATORY TIME OFF

14.1. Employees who earn overtime may, at the option of the employee, elect to be paid cash or accrue compensatory time off (“CTO”) except as stated below.

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Compensatory time-off may be accrued to a maximum of forty (40) hours.

During the month of November each year, except as stated below, the compensatory time off balance as of October 31 for each employee will be paid off at the employee’s prevailing rate in October and the balance reduced to zero. Compensatory time off will be scheduled in the same manner as vacation time.

14.2. On October 31 of each year, employees may either receive pay for unused CTO or maintain unused CTO as CTO leave, in accordance with procedures to be developed by the Finance Director. If an employee does not make a selection, the entire CTO balance as of October 31 will be paid. Payments will be made the second payday in November. In no case may an employee maintain more than forty (40) hours of accrued CTO in their leave bank.

SECTION 15 HOLIDAY TIME

15.1. The Holiday schedule for the term of this agreement will be:
 New Year’s Day
 Martin Luther King, Jr. Birthday
 President’s Day
 Memorial Day
 Juneteenth
 Independence Day
 Labor Day
 Veteran’s Day
 Thanksgiving Day
 The day after Thanksgiving Day
 The working day immediately preceding Christmas Day
 Christmas Day
 The working day immediately following Christmas Day
 Admission Day

15.2. City Code Section 25-11.06 states: “Employees must be in a paid status the day before and after a holiday in order to be compensated for the holiday.” The parties agree to interpret this to mean that the City will take the average time in paid status the working day before and the working day after a holiday to calculate holiday pay. For example, if an employee is in an unpaid status the working day before a holiday and then works or uses accruals of eight (8) hours the working day after the holiday, the City will provide the employee with four (4) hours of holiday pay for the holiday.

15.3. If an employee is at the 40-hour maximum accrual in a pay period when an additional holiday is accrued, the employee may utilize accrued holiday hours in the same pay period in order to obtain the holiday accrual. Otherwise, the holiday is paid out in accordance with City Code Section 25-12.04(b)(3).

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SECTION 16 OVERTIME

16.1. For purposes of determining when overtime compensation is owed under both City Overtime Policy as defined in City Code Section 25-11.05 and the FLSA, only hours actually worked shall be counted. Excluded from this provision is paid time off on City Holidays.

16.2. The intent of this section is to bring the City’s overtime policy into alignment with what is mandated under FLSA. It is not the intent of this section to alter the way in which overtime is assigned.

16.3. The City will monitor and respond to overtime complaints to ensure overtime is assigned and compensated in an appropriate manner. The Union will work cooperatively with the City to ensure the appropriate application of this policy.

SECTION 17 FLOATING HOLIDAY

17.1. The Union's holiday schedule shall include one (1) floating holiday per fiscal year, per employee. The scheduling is at the discretion of the employee subject to approval by their department head.

17.2. The floating holiday may be rolled over to the next fiscal year. In no case shall an employee be allowed to accrue more than forty (40) hours of accrued floating holiday time, and there shall be no cash value for floating holidays.

17.3. If an employee is at the 40-hour maximum accrual, in a pay period when an additional holiday is accrued, the employee may utilize accrued holiday hours in the same pay period in order to obtain the holiday accrual. Otherwise, the employee forfeits that floating holiday.

SECTION 18 NIGHT SHIFT DIFFERENTIAL

18.1. An employee who is required and authorized to work a regularly scheduled shift at least part of which falls between 6:00 p.m. and 6:00 a.m. shall be paid a shift differential of $1.00 per hour for each hour worked between 6:00 p.m. and 6:00 a.m. This differential shall not apply to hours worked between 6:00 p.m. and 6:00 a.m. which result from a call-back, stand-by, overtime or mutually agreeable flexible schedules. For payroll reporting purposes, night shift differential will be paid in that pay period where the sum of previously worked qualified time equals at least one (1) hour.

SECTION 19 AUTOMOTIVE SERVICE EXCELLENCE CERTIFICATION AND

CONTRACTORS LICENSE INCENTIVE PAY

19.1. The following Incentive Pays shall be effective based on the demonstration and functioning continuation of the appropriate certifications or licensing.

19.2. Employees in the classifications of Fleet Coordinator, Lead Mechanic, and Automotive Mechanic shall receive 1.0% incentive pay for each Automotive DocuSign Envelope ID: CEC5C45A-77AC-4129-A676-53E7A4680FBB Exhibit A
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Service Excellence certification, up to a maximum of 5.0% total from the list of sixteen (16) certifications listed below:

19.2.1. Automobile and Light Truck Certification Tests
 A1 Engine Repair
 A2 Automatic Transmission/Transaxle
 A3 Manual Drive Train and Axles
 A4 Suspension and Steering
 A5 Brakes
 A6 Electrical/Electronic Systems
 A7 Heating and Air Conditioning
 A8 Engine Performance

19.2.2. Medium-Heavy Truck Certification Tests
 T1 Gasoline Engines
 T2 Diesel Engines
 T3 Drive Train
 T4 Brakes
 T5 Suspension & Steering
 T6 Electrical/ Electronic Systems
 T7 Heating, Ventilation & Air Conditioning (HVAC)
 T8 Preventive Maintenance Inspection

19.3. Employees in the classifications of Senior Craftsworker and Building Maintenance Craftsworker shall receive a 5.0% incentive pay for maintaining an active, or valid but inactive, California Class B General Building Contractors License.

19.4. In order to receive the incentive pay described above, the employee must present proof of the applicable current certification(s) or licensing to the Public Works Administration Division. The incentive pay will begin on the first day of the pay period following the department’s receipt of the proof of certification(s) or licensing. It is the employee’s responsibility to provide an updated certificate or license at the time it is set to expire. Failure to maintain the certification(s) or licensing will result in the loss of incentive pay effective on the first day of the pay period following the date of the certification(s) or licensing expiration that Human Resources has on file.

SECTION 20 BILINGUAL PROGRAM AND COMPENSATION

20.1. The City recognizes that there is merit to having employees who are bilingual.

20.2. The City will provide a $100.00 per month stipend ($1,200.00 per year), for up to ten (10) GEM represented employees who meet the testing criteria for being bilingual in Spanish and available to provide translation services.

20.3. Based on the needs of the Police Department, the Chief of Police may provide bilingual pay to eligible Police Services Technicians in excess of the DocuSign Envelope ID: CEC5C45A-77AC-4129-A676-53E7A4680FBB Exhibit A
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maximum ten (10) in accordance with the requirements and criteria set forth below.

20.4. These employees, if available during their work schedule, may be called upon by other departments on an as needed basis.

20.5. When a vacancy arises in the Bilingual Program roster, Human Resources will request that department heads, or their designee, recommend employees who speak Spanish to participate in the program. Nominated employees will undergo a bilingual exam and those employees who receive a passing score will be placed on the eligibility list, which will be used to fill vacancies in the Bilingual Program.

20.6. Examination Process

20.6.1. Human Resources contracts with Language International Testing to conduct an oral exam. The exam is conducted over the phone and is intended to assess the employee’s ability to comprehend and speak a foreign language. Language International Testing will provide the results of the examination, which are valid for three (3) years, to Human Resources for review, selection and placement.

20.7. Selection and Placement

20.7.1. The intent of the bilingual pay program is to diversify the selection and placement of the program participants across our various departments and divisions. Selection of employees to serve in the Bilingual Program is based on several factors, including but not limited to, the score received in the bilingual examination, work location, work schedule, seniority of the employee and ability to respond to a request for translation and interpretation if called upon. Approval is granted by the Human Resources Director.

20.8. Reinstatement

20.8.1. Laid off employees who were participating in the Bilingual Program have reinstatement rights over newly appointed program participants. If, during the layoff period, a new employee is selected to serve on the Bilingual Program, that new employee may be bumped by a returning program participant. The bumped employee, however, will return to the eligibility list should a future vacancy occur within the 3-year period of their exam score. The returning employee will be required to retest if their examination scores are expired. In no event will the number of employees participating in the program exceed the ten (10) GEM employees’ limit.

20.9. Renewal

20.9.1. Bilingual Program participants will serve a 3-year term, which coincides with the expiration date of their bilingual examination score.

Human Resources will notify participants when their term will expire.

However, a request by Human Resources to retest is conditioned on the DocuSign Envelope ID: CEC5C45A-77AC-4129-A676-53E7A4680FBB Exhibit A
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performance of the bilingual employees during the 3-year period, on the translation and interpretation needs of the City, and interest and availability of other qualified employees to provide bilingual services.

SECTION 21 EDUCATION INCENTIVE PLAN

21.1. All employees who have completed their initial probationary period are eligible for the City's Education Incentive Premium (“CEIP”) as outlined below and further described in the City's Administrative Policy.

21.2. To qualify for consideration, an employee must have a Baccalaureate or Master's Degree from an accredited college or university.

21.3. For a Baccalaureate, an employee would receive 5.0% premium pay on base salary and 7.5% premium pay on base salary for a Master's Degree. An employee cannot receive both of these premium pays.

21.4. For classifications that require the equivalent of a Baccalaureate degree or higher, the employee will not be eligible to receive this premium. Further, employees who accept a position which requires the equivalent of a Baccalaureate degree or better, shall cease to be eligible to receive this premium.

21.5. The City shall consider CEIP as part of base pay.

SECTION 22 TUITION REIMBURSEMENT

22.1. Subject to prior written approval by the Department Head, employees may be allotted up to $1,000.00 per fiscal year for Tuition Reimbursement. The reimbursement is allowed for costs incurred (including tuition and course textbooks) for job-related seminars, conferences and accredited courses that are taken during off-duty hours.

SECTION 23 MINIMUM LEAVE EVENTS

23.1. The minimum leave that can be taken by an employee for all leave events shall be fifteen (15) minutes, except for voluntary unpaid leave.

SECTION 24 VACATION SCHEDULE AND MAXIMUM ACCRUAL

24.1. The vacation accrual for regular full-time employees shall be as follows:
 All employees who have been employed continuously for less than five (5) years shall receive eighty (80) hours vacation accrual per year whether assigned to a forty (40) hour work week or other duty schedule.
 All employees who have been employed continuously for more than five (5) years but less than ten (10) years shall receive one hundred and twenty (120) hours vacation accrual per year DocuSign Envelope ID: CEC5C45A-77AC-4129-A676-53E7A4680FBB Exhibit A
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whether assigned to a forty (40) hour work week or other duty schedule.
 All employees who have been employed continuously for more than ten (10) years but less than fifteen (15) years shall receive one hundred and thirty six (136) hours vacation accrual per year whether assigned to a forty (40) hour work week or other duty schedule.
 All employees who have been employed continuously for more than fifteen (15) years but less than twenty (20) years shall receive one hundred and sixty hours (160) vacation accrual per year whether assigned to a forty (40) hour work week or other duty schedule.
 All employees who have been employed continuously for more than twenty (20) years shall receive one hundred and eighty four (184) hours vacation accrual per year whether assigned to a forty (40) hour work week or other duty schedule.

24.2. Vacation scheduling shall be subject to the current City Rules and Regulations in effect at the time of application:
 The department head and employee shall schedule the times at which vacation leave is to be taken with due consideration being given to the desires of the employee and the operational needs of the department. Use of vacation leave in less than fifteen (15) minute increments shall not be permitted. Scheduling of vacation shall be in accordance with any established departmental policy and subject to department head approval. The decision of the department head shall be final.
 Employees will not accrue vacation in excess of three hundred and twenty (320) hours.
 Vacation accrual based on the employee’s accrual rates shall commence only after an employee has utilized vacation, and accrual banks are below the three hundred and twenty (320) maximum allowed. Employees may cash-out vacation accrual in excess of two hundred and eighty (280) hours at the end of the calendar year. Vacation accruals may be cashed out upon separation from City employment.

SECTION 25 VOLUNTARY UNPAID LEAVE

25.1. With advance department head approval, an employee, other than a Police Services Technician, may take up to forty (40) hours of voluntary unpaid leave per calendar year in one (1) hour minimum increments subject to the following findings by the department head:
 It will create no overtime due to the absence of the employee; and  It will create no adverse operational impact on the department or division.

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25.2. Employees exceeding this amount of unpaid leave may be disciplined for excessive leave of absence. Excluded from discipline are absences certified as protected leave of absence under state or federal law or leave approved as a reasonable accommodation for a disability under state or federal law.

SECTION 26 SICK LEAVE
All full-time employees shall be provided paid sick leave as set forth below.

26.1. Sick Leave Accrual

26.1.1. Full-time employees shall accrue sick leave credits at the rate of eight (8) hours per month or major portion thereof.

26.1.2. Employees shall accrue sick leave and be permitted to use such accrued leave upon employment for the permitted uses in Monterey City Code Section 12.02.c.

26.1.3. All full-time employees may accrue sick leave without limitation.

26.2. Sick Leave Usage for Employee and Children (stepchildren, adopted, foster, or wards), Parents (step, foster, guardian, wards or in-laws), Spouse, Domestic Partner, Grandparent, Grandchild, Brother, Sister

26.2.1. Accrued sick leave may be utilized if the employee is required to be absent from work on account of non-job related illness or injury; routine medical or dental appointments; or for the care related to the illness or injury of the employee’s child (biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis), mother, father, spouse or domestic partner registered with the State and submitted to Department of Human Resources.

26.2.2. When utilizing the sick leave benefit, the employee shall notify the immediate supervisor, in accordance with departmental regulations and Monterey City Code Section 25-11.01(b).

26.2.3. Where the period of absence due to illness or injury is not known at the outset, it shall be the responsibility of the employee to remain in contact with the immediate supervisor, on a daily basis if deemed necessary by the supervisor.

26.2.4. Usage of sick leave shall be charged to the employee's balance on an hour-for-hour basis in one-fourth (1/4) hour increments or in accordance with current law.

26.3. Sick Leave Usage for Family Member Death (Bereavement)

26.3.1. All employees may be authorized to use up to eighty (80) hours of accrued sick leave per calendar year for the death of a family member or close relation. The maximum combined allowable use of sick leave for the above purposes shall not exceed eighty (80) hours in any calendar year.

26.3.2. At the department head's discretion, the employee may be required DocuSign Envelope ID: CEC5C45A-77AC-4129-A676-53E7A4680FBB Exhibit A
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to provide evidence that the leave was used for the purposes intended by this section.

26.3.3. For purposes of determining the use of sick leave for death of a family member, the following definition shall be used: The employee's spouse, principal domestic partner, child, parent, brother, sister, grandparents, parents-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, step-parents, step-siblings, step-children, stepgrandparents or grandparents-in-law.

26.4. Medical/Dental Appointments

26.4.1. Accrued sick leave may, with department head approval, be used for medical and dental appointments of the employee where it is infeasible to schedule them on the employee's own time.

26.5. Sick Leave Abuse

26.5.1. Sick leave abuse shall mean: “Any use of sick leave, for purposes other than those identified in this section.” Sick leave abuse may subject the employee to disciplinary actions.

26.5.2. When the department head has reason to suspect that an employee has abused sick leave benefits, the department head may require that employee to file a personal affidavit or furnish medical verification or other substantiation for any such absences. The department head, at their discretion, may establish methods of verification as deemed appropriate. These means may include, but are not limited to, examination by a physician selected by and paid for by the City. If an employee is required to be examined by a physician selected by the City, the employee will be paid for the time, if off duty, and will be given reimbursement for mileage to attend the examination.

26.5.3. The payment of sick leave may be suspended or curtailed by the City Manager where there is evidence that absences taken on a given day or days are the result of a concerted action on the part of two (2) or more employees which is related to a labor dispute with the City directly, or one in which the City is involved as a third-party. Sick leave may be restored when proof is provided that the sick leave was taken as provided in these Rules.

26.6. Sick Leave Used as Personal Leave

26.6.1. Up to twenty-four (24) hours of accrued sick leave may be taken as Personal Leave during the calendar year so long as the employee has a minimum of one hundred and sixty (160) hours of accrued sick leave on the books at the time the Personal Leave is taken. Approval for the use of Personal Leave shall otherwise be subject to the same use rules as vacation, and requires advance Department Head approval.

26.7. Exhaustion of Sick Leave

26.7.1. An employee anticipating exhaustion of sick leave may request DocuSign Envelope ID: CEC5C45A-77AC-4129-A676-53E7A4680FBB Exhibit A
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advance approval from their department head for the use of discretionary leaves (i.e., vacation, holiday and compensatory time off) in the event of illness or injury, with the department head having discretion to either deny or approve the request. Failure to receive advance approval for use of discretionary leaves following exhaustion of sick leave will result in unpaid unapproved leave for subsequent sick leave, and may subject the employee to discipline.

SECTION 27 MATERNITY AND PARENTAL LEAVE

27.1. Employees are entitled to leaves of absence for maternity, parental bonding, and pregnancy-related disability. All such leaves of absence shall be granted and compensated in accordance with state and federal laws covering these topics, including the Pregnancy Disability Leave, Family Medical Act, California Family Rights Act (“CFRA”) and the Fair Employment and Housing Act.

27.2. Employees taking an approved unpaid leave of absence for CFRA eligible baby bonding are entitled to utilize accrued leave, including use of sick leave.

SECTION 28 PROBATION PERIOD DURATION

28.1. All original appointees to positions in any classification shall serve a continuous probationary period of twelve (12) months. All promotional appointees shall serve a probationary period of six (6) months. Probation shall not apply to employees who are reclassified, re-employed, reinstated, lateral transfers, and demotions. In addition to the extension of probation allowed for extended leave of absence in accordance with City Code, a probation period may be extended by City Manager approval and mutual agreement by GEM for up to six (6) months in order to evaluate performance.

SECTION 29 RECLASSIFICATION

29.1. 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. Submittals 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.

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SECTION 30 EMPLOYEE ASSISTANCE PROGRAM

30.1. The City shall provide an Employee Assistance Program. The Employee Assistance Program is a confidential service designed to help employees and their household members resolve personal and workplace challenges.

SECTION 31 DRUG AND ALCOHOL TESTING

31.1. Department of Transportation (DOT) Class B Licensing Requirements and Random Drug and Alcohol Testing
a. The parties acknowledge that, consistent with the United States DOT Regulations, all employees required to obtain and maintain a California Department of Motor Vehicles Class B license must participate in a random drug and alcohol testing program.
b. The following conditions shall apply to employees in the classifications of Street Maintenance Leadworker, Senior Street Maintenance Worker, and any employee subsequent to the promulgation of this policy required to operate a vehicle of the City of Monterey exceeding 26,000 lbs. gross weight and/or requiring a State of California Department of Motor Vehicle Class B License:
i. The City will provide formal training on duty time concerning the operation of vehicles of at least 26,001 lbs. This will include “walk around” training.
ii. City Reimbursements:
 The City will pay the difference in fees between a Class B and a Class C license as issued by the California
Department of Motor Vehicles. In addition, the City will pay for the DMV test fee to obtain and renew a Class B license.  The City will pay for the necessary medical examination associated with the employee obtaining and renewing a
Class B license.
iii. Employee Responsibilities:
 The employee must obtain and maintain a Class B license from the Department of Motor Vehicles of the State of
California.
 The employee must obtain airbrake or other applicable certification associated with a Class B license from the Department of Motor Vehicles.
 The employee will submit to the DOT drug testing, as
outlined in the City of Monterey Drug and Alcohol Policy pursuant to the DOT Regulations.
 All employee study time, required to obtain and maintain a Class B license, shall be off duty.

DocuSign Envelope ID: CEC5C45A-77AC-4129-A676-53E7A4680FBB Exhibit A
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iv. All employees in a designated classification or position with the City of Monterey shall be required to obtain a Class B license. Failing to obtain a Class B license when required as a condition of employment may result in the separation of the employee for failing to meet a basic employment requirement. For employees of the City in one of the classifications listed below as of August 6, 1997, failing to obtain a Class B license for medical and/or testing reasons will not be cause for separation from City employment so long as the employee has demonstrated in the view of the City a good faith effort to meet the requirements of obtaining a Class B license. At the time this agreement was promulgated, the City classifications that have, as a condition of employment the obtaining and maintenance of a Class B license, are:
 Street Maintenance Leadworker
 Senior Street Maintenance Worker
 Street and Utilities Supervisor
v. Any employee hired into the Lead Mechanic or Automotive Mechanic classifications on or after March 8, 2004 shall also be required to obtain and maintain a California Department of Motor Vehicles Class B license, and must participate in a random drug and alcohol testing program as described in this section. Those employees hired into the Lead Mechanic or Automotive Mechanic classifications prior to March 8, 2004 are not required to obtain or maintain a Class B license, and are not subject to the provisions of this section.
vi. Class B License Pay. Employees who are in positions within classifications designated as requiring Class B license as a condition of employment shall be eligible for a $40.00 per pay period premium pay. Specific positions within a classification that require a Class B license will be determined by the Department Director or designee. Employees shall not be eligible for this premium pay for any full or portion of a City pay period that the Class B License is suspended and/or expired. Employees not in a City pay status for one (1) full pay period or longer shall not be eligible for this premium pay during the time not in pay status. vii. The City, as a means of encouraging employee development for promotional opportunities, will pay on behalf of employees voluntarily obtaining a Class B license the difference in the fee between a Class C and a Class B license. Additionally, the City will pay for the necessary medical examination associated with the employee obtaining and renewing a Class B license. This benefit is limited to the employees in the classifications of Street Maintenance Worker, Lead Mechanic, Automotive Mechanic, Green Belt Coordinator, and Sign Crafts Worker.

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SECTION 32 WELLNESS PROGRAM

32.1. The Union and the City agree that employee health and fitness are important factors in maintaining an optimal work environment. Employees complying with membership requirements shall receive annual, renewable, and nontransferable employee-only passes to the Monterey Sports Center valued at the current rates, and subject to rate increases, in order to implement their personal fitness programs. The details of the program shall be as outlined in Fitness Program.

32.2. Employees may apply the dollar value of the employee-only pass to the Monterey Sports Center towards the purchase of a family pass to this facility.

The employee shall be responsible for the cost differential between the credit value of the employee-only pass and the family pass. During open enrollment, the employee shall be afforded the opportunity to make an election to continue crediting the value of the employee-only pass toward the family pass which shall be irrevocable for the next twelve (12) months.

32.3. Employees electing to receive a family pass under this program shall have a payroll deduction for the cost of maintaining the family pass active from month to month based on the difference between the cost of the family pass and the employee-only pass. Upon separation from the City, the family pass shall be cancelled unless the separated employee elects to maintain the pass under the same conditions available to the general public.

32.4. New hires can enroll in the Fitness Program upon hire, and then during open enrollment thereafter. Employees can cancel enrollment in the Fitness Program during open enrollment.

SECTION 33 FITNESS ACTIVITY PLAN

33.1. All GEM-represented members will be eligible to participate in a Fitness Activity Plan where they work out off-duty (not considered work time for purposes of Workers’ Compensation injury or illness) in exchange for leave time accrued in a fitness bank.

33.1.1. Conditions for Qualifying
a. Employees are required to work out a minimum of 1170 minutes per quarter in order to accrue ten (10) hours of leave. b. A session is considered to be any moderate or higher intensity physical activity lasting a minimum of fifteen (15) minutes. c. Participants will complete a Fitness Activity Log demonstrating completion of each workout, which is based on the honor system.

At the end of each quarter participants will send the Fitness Activity Log to the Human Resources Department for verification of qualifying activities. The ten (10) hours of leave will then be credited to the exercise incentive time bank as soon as practical DocuSign Envelope ID: CEC5C45A-77AC-4129-A676-53E7A4680FBB Exhibit A
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and will be available for immediate use by the employee. d. Each calendar year a maximum of forty (40) hours can be accrued in a separate exercise incentive time bank, with a maximum of eighty (80) hours allowed in the bank. The exercise incentive time bank has no cash value and the time accrued in this bank has no expiration date.
e. Leave time must be coordinated and approved in advance by the employee’s supervisor.
f. Participation is voluntary and for those electing to participate, an annual physical fitness assessment at the Monterey Sports Center, which can be used as a thirty (30) minute workout session is encouraged. Individual results of the physical fitness assessment will be confidential between the Monterey Sports Center and the employee.
g. Submitting a Fitness Plan Waiver form to Human Resources is required to participate in this program.

SECTION 34 BICYCLE COMMUTER PROGRAM

34.1. A GEM employee who regularly commutes by bicycle between home and work (or the alternatives described in the Bicycle Commuter Program Policy) may be reimbursed up to $20.00 per qualifying month for some of their bicycle commuting expenses. Submitting a Bicycle Commuter Waiver form to Human Resources is required to begin participation in this program, and completion of the “Bicycle Commuter Certification and Reimbursement Claim Form” must be submitted as outlined in the Program policy to claim reimbursement.

SECTION 35 BARGAINING UNIT STATUS FOR POSITION
CLASSIFICATION(S) – NOTICE PROCEDURE
When a position classification(s) is to be (1) modified, (2) created and assigned to a bargaining unit, (3) deleted, (4) reclassified, or (5) changed from one bargaining unit to another by City action, the following procedure shall apply:

35.1. The Executive Board members and GEM representative of the affected Union(s) shall receive written notice of the proposed action prior to the action being on the Council agenda. Delivery of said notice shall be made via e-mail.

35.2. The notification to the Executive Board members and GEM representative shall include all relevant information including but not limited to, the classification tile, classification description, and the number of positions to be changed, modified, or assigned and a general description of the justification for the proposed change. The City will provide a courtesy notification when administrative changes are made to job descriptions that do not have meet and confer implications.

35.3. The Union has ten (10) working days to request a meet and confer and DocuSign Envelope ID: CEC5C45A-77AC-4129-A676-53E7A4680FBB Exhibit A
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identify in writing and submitted to Human Resources the items for discussion that are subject to meet and confer under the Meyers-Milias-Brown Act. The parties must then schedule the first meeting within five (5) working days and complete the meet and confer process within a reasonable period of time. If the parties cannot reach mutual agreement, the parties may proceed any impasse procedures required by City Code or law. The City may implement the action after completing any impasse procedures required by law.

35.4. If GEM does not request to meet and confer within ten (10) days after receiving notice of proposed changes, the City may move forward with Council approval.

35.5. Nothing in this section prevents the parties from mutually agreeing to discuss issues not subject to meet and confer or to mutually waive timelines stated herein by written agreement.

SECTION 36 CITY EMAIL

36.1. All full-time City employees will be provided an email account for City communication purposes. Employees are expected to check email periodically or when advised by their department in order to obtain information regarding City matters.

36.2. The City shall allow GEM limited used of the City’s email system to notify members of bargaining unit meetings, which will be limited to the date, time, and location of the meeting, as well as a general description of the purpose of the meeting. All notices are to be provided to Human Resources for pre- approval.

Once approved, the City’s email system may be used.

36.3. The City agrees to provide GEM with a complete list of workplace email addresses for all employees in the Bargaining Units it represents.

SECTION 37 PERIODIC MEETINGS

37.1. The City agrees to meet on a periodic basis at Union's request to discuss items of common concern. Such meetings shall not include any meet and confer items or in any way open this Memorandum of Understanding.

SECTION 38 BENEFITS COMMITTEE

38.1. The Employee Benefits Committee is an educational committee which meets for the purposes of communicating information and facilitating the ability of employee unions to brief their membership regarding the City's benefit plans.

Two (2) Union representatives shall be appointed to serve on the Employee Benefits Committee.

38.2. Meetings of the Employer Benefits Committee will be held upon the joint concurrence of the City and the Union.

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SECTION 39 PERSONNEL RULES AND REGULATIONS

39.1. Personnel Rules and Regulations in effect at the time of ratification of this agreement shall prevail unless superseded specifically by this Memorandum of Understanding or modified subject to the meet and confer process between the City and the Union. This section does not subject those Personnel Rules and Regulations which would otherwise be excluded from the meet and confer process to any need to meet and confer.

SECTION 40 FLEXIBLE AND REMOTE SCHEDULING

40.1. The City and the Union recognize that the concept of flexible and remote schedules in certain circumstances may benefit and enhance the delivery of City services and operations while affording employees alternative work schedules.

The elements of this authority will include the following:
 Where operationally feasible, a department head may authorize flexible schedules on an individual or group basis.
 When a flexible schedule is approved, the City retains the right to return to the former schedule on a temporary or permanent basis.
 Employees may, individually or as a group, make a request for a flexible schedule to their immediate supervisor who shall forward said request with their recommendation to the department head. Such a request should address such items as staffing levels, impacts on services and operational needs. The determination of the department head shall be final, provided that a denial of the request shall be accompanied by a written statement setting forth the specific reason(s) for the denial.

40.2. The Union and the City agree that this description is a basic outline of the flexible and remote schedule authority.

SECTION 41 MEDICARE OPTION

41.1. This section is no longer relevant but is maintained in the Agreement for historical purposes.

41.2. Subject to the provisions of governing law, current employees hired by the City prior to April 1, 1986 will be given the option to be subject to Medicare payroll deductions effective July 1, 2001, or as soon as practical thereafter.

Enrollment in Medicare will be at the employee's option with the employee assuming the cost of the required employee contribution/tax and the City assuming the cost of the employer's contribution/tax.

SECTION 42 DEFERRED COMPENSATION

42.1. Effective the pay period following ratification, or as soon as administratively feasible, the City will match up to $50.00 per pay period ($100.00 per month) of an employee's contribution to a City authorized Deferred Compensation Plan authorized under Internal Revenue Code Section 457. The DocuSign Envelope ID: CEC5C45A-77AC-4129-A676-53E7A4680FBB Exhibit A
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employee's contribution does not need to be an increase from any existing contribution to count towards the amount the City will match. The combined contribution between the City's and the employee's contribution to the City's Deferred Compensation Plan (s) cannot exceed the maximum permitted by law.

SECTION 43 RETIREMENT HEALTH SAVINGS PLAN

43.1. The City agrees to look for a Retiree Health Savings Plan that provides employees the ability to “pre-fund” retiree health premiums and expenses through their own contributions. The City will keep GEM/UPEC informed as to the City’s success in finding a plan that meets with Internal Revenue Service requirements. Since all employees within a bargaining unit may be required to contribute an equal amount, the City agrees to enter into discussion with GEM/UPEC before any such program will be implemented.

SECTION 44 WORKING OUT OF CLASS

44.1. In lieu of the provisions of Section 25 – 5.11 a.2 of the Monterey City Code the following will apply:

44.2. Work at a higher level, when assigned, must be performed on a continuous basis for a period in excess of three (3) consecutive work weeks in order to be eligible for additional compensation, which will be applied to the excess period of time.

SECTION 45 GROUP LEGAL SERVICES

45.1. The City will provide a Group Legal Services Plan for employees represented by GEM through an employee-paid premium. Participation in the program shall be voluntary and consistent with the provider's requirements that the potential pool of participants must include a minimum of two hundred (200) employees.

SECTION 46 ALTERNATE STAFFING – ENGINEERING CLASSIFICATIONS

46.1. The City will provide an Alternate Staffing Program for the City’s professional engineering classes. This program is limited to the classifications in the Public Works Department. Eligible classifications under this section are Associate Civil Engineer, Associate Mechanical Engineer, Engineering Assistant and Engineering Technician. In the event of the creation of future professional engineer classifications or successor classifications, these new positions will be evaluated for inclusion in alternate staffing by the meet and confer process. (See Attachment G).

SECTION 47 CITY CEMETERY SERVICES

47.1. The survivors of an active employee who passes away (either while active DocuSign Envelope ID: CEC5C45A-77AC-4129-A676-53E7A4680FBB Exhibit A
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or within thirty (30) days of separation from the City) shall have access to the resident rates at Cemeterio El Encinal for cemetery services for the purpose of interring the employee, provided that the employee has had at least ten (10) years of continuous service with the City in either a full-time or combined fulltime/regular part-time capacity.

SECTION 48 ALTERNATIVE DISPUTE RESOLUTION PROCEDURE

48.1. The City and GEM agree to an alternate dispute resolution procedure (grievance and discipline appeals) where GEM may opt for non-binding advisory fact-finding at the appeal step between Department Head and City Manager.

The cost of the fact-finder to be paid by GEM. The City Manager will have discretion to implement any or no part of the fact-finder’s recommendation.

SECTION 49 USE OF VOLUNTEERS

49.1. The City of Monterey actively supports volunteerism in City departments and in the community. Volunteers make a positive impact on local government, assist in accomplishing tasks and help support new programs. They provide community outreach and augment the level and type of quality services provided by the City of Monterey.

49.2. When volunteer assignments are created, volunteers shall be used in a manner which assists unit employees and does not displace nor replace unit employees.

SECTION 50 CITY RECREATION PROGRAM FEES

50.1. The Resident Rates for City Recreation classes and programs shall be afforded to employees and immediate family household members (spouse, domestic partner and dependent children twenty (20) years of age and younger) of active City employees.

SECTION 51 MINIMUM SHIFT CHANGE NOTIFICATION FOR NONEMERGENCY SITUATIONS

51.1. The City shall provide a minimum of 72-hour advance notification of any alterations, changes or deviations from an employee’s regularly assigned work shift or work schedule. This notification requirement shall not apply in situations where the City faces unforeseen conditions such as damages to infrastructure caused by storms, rainfall, fires, or other natural disasters. Additionally, this notification requirement shall not apply when the City has to respond to unforeseen situations caused by unscheduled or not noticed events including but not limited to epidemics, riots, and assemblies.

SECTION 52 PROVISIONS OF LAW
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52.1. This agreement is subject to all current and future applicable Federal and State laws and regulations. If any part or provision of this agreement is in conflict or inconsistent with such applicable laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulation and the remainder of this agreement shall not be affected thereby.

SECTION 53 CONTRACTING OUT

53.1. City agrees to provide sixty (60) days advance notice prior to the contracting out of bargaining unit work.

SECTION 54 FULL UNDERSTANDING, MODIFICATION AND WAIVER

54.1. This agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters contained herein are hereby superseded or terminated in their entirety. No other understandings or agreements are encompassed in this agreement. Existing benefits, rights and privileges, within the scope of representation, not changed herein shall remain in full force. It is not the intent of this section to bar, during the term of this agreement, meeting and conferring between the City and the Union on new issues that arise within the scope of representation. Nor is it the intent of this section to abridge any rights outlined in City Code Sections 25-16.03 through 25-16.05. (See Attachment H).

54.2. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily without qualification waives its right, and agrees that the other shall not be required to negotiate with respect to any subject or matter covered herein.

54.3. No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed by both parties.

54.4. Nothing herein shall limit the authority of the City to make necessary and reasonable changes during emergencies. Emergency shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, or other conditions, including conditions resulting from war or imminent threat of war. However, the City shall notify the Association of such changes as soon as practicable. Such emergency assignments shall not extend beyond the period of the emergency.

54.5. The waiver of any breach, term or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

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The parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding the day, month and year noted below.

CITY OF MONTEREY: GENERAL EMPLOYEES OF MONTEREY:

Dated: ________________________ Dated: _________________________ ________________________________ _______________________________ Hans Uslar, City Manager Ryan Heron, Labor Relations, UPEC

Dated: __________________________ Dated: __________________________ _________________________________ ______________________________ Brette Neal, Human Resources Director Shay Balesteri, GEM Chair DocuSign Envelope ID: CEC5C45A-77AC-4129-A676-53E7A4680FBB 1/4/2023 | 1:55 PM PST
1/4/2023 | 1:58 PM PST 1/4/2023 | 2:17 PM PST
1/10/2023 | 7:33 AM PST
Exhibit A
Council Regular Meeting, 3/21/2023, Item No. 6., Item Page 36, Packet Page 62 Council
Agenda Report
FROM: David J. Hober, Chief of Police
Gaudenz Panholzer, Fire Chief
Prepared By: Karen Faurot, Senior Administrative Analyst SUBJECT: Authorize the City Manager, or his Designee, to Enter Into an Agreement for Next Generation Radio System (NGEN) Services and Governance with Multiple Public Agencies in Monterey County (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

It is recommended that the City Council adopt a resolution authorizing the City Manager, or his Designee, to enter into an agreement for Next Generation Radio System (NGEN) service and governance with the County of Monterey, Big Sur Fire, City of Carmel-by-the-Sea, City of Del Rey Oaks, City of Gonzales, City of Greenfield, City of King, City of Marina, City of Pacific Grove, City of Salinas, City of Sand City, City of Seaside, City of Soledad, California State University Monterey Bay, Mid Coast Fire Brigade, Monterey Peninsula Airport District, Monterey County Regional Fire District, and North County Fire Protection District.

VALUE DRIVERS:

POLICY IMPLICATIONS:

This action will require the City to enter into an Inter-Agency Agreement with Monterey County and local and state entities. This agreement will allow the City to continue to participate with all of the other agencies in the County for emergency communications. This cooperative approach is aligned with the City Council’s desire to ensure public safety, prepare for emergencies and community resiliency and ensure partnerships to provide core services to the public.

FISCAL IMPLICATIONS:

NGEN Operations & Management Costs
Fiscal O&M expenses are determined by the NGEN O&M budget and based on the City’s radio count in a cost-sharing model. The shared costs are those necessary to support and operate the radio system that is utilized by all participants. The total NGEN O&M billable amount is $1,226,271 for FY24, which is a decrease of 18% from the current year billable amount. The City’s share of NGEN O&M costs in FY23 was $149,000. The City’s FY24 NGEN O&M cost estimate is $123,000. This is only an estimate because the final billing amount is based on the radio counts of all participants and the final O&M budget.

Date: 3/21/2023
Item No.: 7.

Council Regular Meeting, 3/21/2023, Item No. 7., Item Page 1, Packet Page 63 NGEN Debt Service
In 2009, the County of Monterey arranged a debt instrument to fund the new system. The City’s final payment of $86,431 will be due in FY24. However, the budget will be developed every year and in addition to O&M, will include Capital Budget improvement considerations.

FY24 Estimated NGEN Costs
NGEN O&M Cost Estimate: $123,000
NGEN Debt Service Payment: $ 86,431
Total $209,431
ENVIRONMENTAL DETERMINATION:

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

ALTERNATIVES CONSIDERED:

In 2009, the City entered into the NGEN Financing Agreement, which included NGEN, Emergency Communications (911) and financing between the County and participating NGEN agencies. Agreements to facilitate this countywide initiative have evolved over time into several agreements including the current proposed agreement. If Council chooses not to enter into the proposed agreement for NGEN Services and Governance the City will not be allowed to participate in/with the countywide emergency radio system.

DISCUSSION:

In 2009, after four years of an iterative stakeholder process, NGEN financing agreement (which included NGEN, Emergency Communications and financing) was executed between Monterey County and the participating NGEN agencies (almost all public safety agencies in Monterey County). The City of Monterey signed the agreement on March 25, 2009 as approved by Monterey City Council on March 17, 2009 (Resolution Number 09-030). The system was implemented to ensure compliance with federal mandates, improve interoperability and system coverage, to ensure the aged system would function and to incorporate a regional emergency radio system for public safety and other local government users.

The original Next Generation Radio System (NGEN) was governed by the Emergency Communications Users Advisory Council (ECUAC) and included:

Council Regular Meeting, 3/21/2023, Item No. 7., Item Page 2, Packet Page 64  Regional 911 and emergency dispatch services – now referred to as Monterey County Emergency Communications
 The System or physical “backbone” (towers, transmitters, power, technology, etc.) – now referred to as NGEN System
 Financing by the County of Monterey and payment by the user agencies The City of Monterey has been a major partner since the beginning of the project, when former Monterey Assistant City Manager Fred Cohn, chaired the ECUAC while NGEN was envisioned and implemented. At the time, the County of Monterey volunteered to arrange the debt instrument to fund and finance the shared costs, while the participating agencies would pay the debt over a 15-year term. NGEN was envisioned to provide the necessary interoperability and capacity to meet the day-to-day and emergency/major event needs of our regional public safety and local government users, by replacing an aged system that suffered major interference and coverage problems.

Over time, the agreements and governance have evolved. In 2016, the NGEN Operations and Maintenance (O&M) Service Level Agreement (SLA) was approved by the ECUAC Executive Board. In 2020, a new 911 Emergency Communications Services and Governance Agreement was executed, revoking existing governance structures that were in conflict, including the 2016 NGEN O&M SLA. Part of the evolution included the formal separation, governance and management of:
 Monterey County Emergency Communications – Already Executed on 06-22-2020 o Managed by Monterey County Emergency Communications Department o Governed by the 911 Emergency Communications Services and Governance Agreement (this agreement was signed by City of Monterey on 06-22-2020, as approved by Monterey City Council on June 2, 2020 with Resolution 20-070). o Oversight through an Executive Board and Operations Board  NGEN System – Authority being requested by Council Action through this agenda report o Managed by Monterey County Information Technology Department o To be governed by this proposed Agreement for NGEN Services and Governance
o Oversight through an Executive Board and Operations Board Both of these entities are managed and overseen by Monterey County however, they are managed by different departments, both with separate budgets. While Monterey County operates and finances both of these endeavors, the participating agencies are afforded input and oversight through:
 Executive Board – comprised of seven persons
o Four City Managers
 Salinas City Manager
 South County City Manager (Gonzales, Greenfield, Soledad, King City)  North Peninsula City Manager (Marina, Seaside, Sand City)  South Peninsula City Manager (Carmel-by-the-Sea, Monterey, Del Rey Oaks, Pacific Grove)
o One Fire District Representative
o Monterey County Sheriff
o Monterey County Administrative Officer
 Operations Board – (11 members for NGEN / 10 members for 911 Communications) o Three Law Enforcement Agency executives
Council Regular Meeting, 3/21/2023, Item No. 7., Item Page 3, Packet Page 65 o Three Fire Protection Agency executives
o Monterey County Sheriff
o Salinas Police Chief
o Salinas Fire Chief
o Director of Emergency Communications Department
o Monterey County Chief Information Officer (NGEN not 911 Communications) The proposed Agreement for NGEN Services and Governance, provides details regarding governance, operations, budget and billing processes, general terms and conditions and maintenance of the NGEN radio communications system. Both the Monterey Police and Fire Chiefs are members of the Operations Board and have been involved in the review and recommendation process for both: this proposed Agreement for NGEN Services and Governance; and the already executed 911 Emergency Communications Services and Governance Agreement.

Each participant, through its representatives on the NGEN Boards, assists in the oversight of management, budget, and operation of the public safety radio communications system to meet individual agency and collective needs.

The duration of the Agreement for NGEN Services and Governance will be for five years plus the remainder of the fiscal year that the agreement is executed and automatically renews for successive five-year periods.

Staff recommends City Council authorize the City Manager to execute the Agreement for NGEN Services and Governance.

DJH/kf
Attachments: 1. Resolution
c. Finance Director
Council Regular Meeting, 3/21/2023, Item No. 7., Item Page 4, Packet Page 66 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY

AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO AN

AGREEMENT FOR NEXT GENERATION RADIO SYSTEM (NGEN) SERVICES AND

GOVERNANCE WITH MULTIPLE AGENCIES IN MONTEREY COUNTY
WHEREAS, the City of Monterey entered into a multi-agency agreement to participate in the procurement of a new public safety and local government radio system in March 2009 that conformed to the narrow banding mandates issued by the FCC and improved radio communication capabilities within and between jurisdictions; and WHEREAS, the parties to this agreement desire to maintain equipment and personnel for response to fire, law enforcement, emergency medical services and the management of other emergency incidents occurring within areas under their respective jurisdictions by participating in a county-wide NGEN radio system; and
WHEREAS, the agreement provides details regarding governance of the system, roles and responsibilities, budget and billing processes, general terms and conditions, and is supported by a series of radio system policies and procedures further defining operational procedures; and
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

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

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it authorizes the City Manager, or his designee, to enter into an agreement for Next Generation Radio System (NGEN) service and governance with the County of Monterey, Big Sur Fire, City of Carmel-by-the-Sea, City of Del Rey Oaks, City of Gonzales, City of Greenfield, City of King, City of Marina, City of Pacific Grove, City of Salinas, City of Sand Council Regular Meeting, 3/21/2023, Item No. 7., Item Page 5, Packet Page 67 2 City, City of Seaside, City of Soledad, California State University Monterey Bay, Mid Coast Fire Brigade, Monterey Peninsula Airport District, Monterey County Regional Fire District, and North County Fire Protection District.

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, 3/21/2023, Item No. 7., Item Page 6, Packet Page 68 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Fernanda Roveri, Principal Planner
SUBJECT: Adopt a Resolution Accepting the 2022 General Plan Annual Report (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution accepting the 2022 General Plan Annual Report.

VALUE DRIVERS:

In partnership with our entire community, the Monterey City Council provides visionary leadership ensuring a safe, healthy, historic, economically vibrant, and sustainable environment.

POLICY IMPLICATIONS:

Government Code section 65400 requires the City to prepare an annual report regarding the status of the City’s General Plan and progress in its implementation (General Plan Progress Report) and provide the General Plan Progress Report to the Office of Planning and Research (OPR) and the Housing Element portion to the Department of Housing and Community Development (HCD) by April 1, 2023. The attached report fulfills this requirement.

FISCAL IMPLICATIONS:

None.

ENVIRONMENTAL DETERMINATION:

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

ALTERNATIVES CONSIDERED:

This is a required report. There is no alternative.

Date: 3/21/2023
Item No.: 8.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 1, Packet Page 69 DISCUSSION:

The City’s General Plan was last updated on November 5, 2019, by Resolution 19-178, which amended the land use designation for the Old Capitol Site from Planned Community to Open Space. The 2022 General Plan Annual Report (Exhibit A to Resolution) analyzes the City’s progress in meetings its General Plan goals, policies, and programs. A comprehensive list is included as Appendix A. Most General Plan policies and related action items have been implemented through the adoption of ordinances or resolutions, incorporated into the regular government activities of the applicable departments, or included in development proposals as they are reviewed for consistency with the City’s policies. In 2022, the City made significant progress in its Land Use, Circulation, Housing, Conservation, Open Space, Safety, Economic, and Historic Preservation elements, as summarized below.

Land Use Element
Policy b.2. Follow the existing policy directions in the Highway 68 Plan and Old Capitol Site Memorandum of Understanding for residential development south of Highway 1. Workforce housing on the City-owned Ryan Ranch, mixed use housing in the Ryan Ranch Business Park and multifamily housing on the south side of Garden Road may be considered in order to provide housing in proximity to a major employment center.

Response: Since 2020, the City has approved entitlements for 180 housing units on the south side of Garden Road. These housing units were either retrofits of existing buildings or new construction. Of the 180 housing units, 89 were entitled in 2022. Water supply continues to significantly constrain all housing development.

Circulation Element
Goal c. Provide a safe, efficient, well-maintained, and environmentally sound roadway system that supports the “complete streets” concept of equality of choice among all modes of transportation.

Response: A Complete Streets policy has been incorporated into a draft update to the City’s Circulation Element.

Policy c.3. Identify and implement street improvements to address high accident rates for motorists, pedestrians, and bicyclists, even if such improvements result in increased traffic congestion.

Program c.3.2. Place the highest priority on projects that reduce high accident rates.

Policy j.3. Monitor accident rates and trends to identify locations for possible transportation safety improvements.

Response: City staff continually monitors accident rates and trends. Staff applied for grant funding from the Safe Streets and Roads for All Federal Grant to develop a local road safety plan which will utilize a data driven approach to identify rates and trends and proven countermeasures to address the trends.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 2, Packet Page 70 Housing Element
The Housing Element annual progress report is attached to Exhibit A as Appendix B and includes reporting of all Government Code section 65400 requirements. The City is in the process of updating its Housing, Land Use, and Safety Elements and will comply with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.

The State of California requires regions to address housing issues and needs based on future growth projections for the area. The Housing and Community Development (HCD) Department allocates regional housing needs to councils of government throughout the state. The Association of Monterey Bay Area Governments (AMBAG) then allocates to each city and unincorporated county their “fair share” of the region’s projected housing needs by household income level. This distribution is commonly referred to as the Regional Housing Needs Allocation (RHNA).

The intent of the RHNA is to ensure that local jurisdictions address not only the needs of their immediate areas but also fill the housing needs for the entire region. Additionally, a major goal of the RHNA is to ensure that every community provides an opportunity for a mix of affordable housing to all economic segments of its population.

The City’s General Plan Housing Element includes programs and actions to be taken to meet these objectives and reflects the RHNA for the City of Monterey. For the 2015-2023 RHNA Cycle, the City of Monterey requirement was 650 new housing units. HCD counts permitted units towards the City's RHNA credit. In 2015-2021, the City permitted 110 housing units, and in 2022, 29 housing units. For the 2015-2022 period, the City permitted a total of 139 units. Table 1 below shows housing unit data for calendar year 2022.

Table 1: Housing Units in 2022 in the City of Monterey
Building Permits Issued by Affordability Summary
Income Level as % of Area Median Income (AMI) for Monterey County* 2022 Very Low (50% AMI). Household Size: 1 ($23,900); 2 Deed Restricted 0 ($27,300); 3 ($30,700); 4 (34,100); 5 ($36,850) Non-Deed Restricted 0 Low (80% AMI). Household Size: 1 ($39,800); 2 Deed Restricted 0 (45,500); 3 ($51,200); 4 ($56,850); 5 ($61,400) Non-Deed Restricted 0 Moderate (120% AMI). Household Size: 1 ($75,650); Deed Restricted 0 2 ($86,500); 3 ($97,300); 4 (108,100); 5 ($116,750) Non-Deed Restricted 0 Above Moderate (Above 120% AMI) 29
Total Units 29
Note: Units serving extremely low-income households are included in the very low-income permitted units totals
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 3, Packet Page 71 Units by Structure Type Entitled Permitted Completed
Single-family attached 0 0 0
Single-family detached 2 2 2
Two-to-four-unit structures 9 6 0
Five or more-unit structure,
multifamily
0 0 10
Accessory dwelling unit 22 21 13
Mobile home/manufactured home 0 0 0
Total 33 29 25
* The Affordability Levels by Income and Household Size Charts are attached to Exhibit A as Appendix C.

For the 2023-2031 RHNA Cycle, the requirement is 3,654 new housing units, which must be planned to accommodate a variety of incomes (Table 2). The City is required to ensure that local zoning has sufficient capacity to meet the RHNA at all income levels throughout the period.

Goal m. “Develop long-term water supplies and conservation methods so that there is sufficient water to implement General Plan goals.”
City staff continues to explore policy and zoning changes to create more opportunities for housing construction.

Program d.2.4. The City will continue to explore with local non-profits and other affordable housing developers strategies and financing alternatives that can be employed to produce new affordable extremely low, low and very low-income housing in the community.

Response: The City entered into a developer agreement with MidPen Housing to provide 100% affordable family rental housing at a City-owned property at the corner of Van Buren and Madison Streets.

Response: Staff continues to work with the developers of the 180 approved housing units on Garden Road.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 4, Packet Page 72 Conservation Element
Goal e. Encourage the effective and efficient use of energy in all its critical forms by public and private users alike.

Policy e.1. Encourage energy sources, which provide part or all of the energy needed for buildings.

Program e.1.1. Consider aesthetically compatible independent energy sources in new public and private buildings.

Program e.1.2. Encourage energy retrofitting in existing residential and commercial structures.

Policy e.2. Educate the public about energy conservation.

Program e.2.1. Support public education activities that dramatize cost-saving benefits of energy conservation to local consumers.

Program e.2.2. Encourage the hotel, motel, and restaurant associations to maintain an energy conservation program on a continual basis.

Policy e.3. Work with other local, state and federal agencies, public utilities and community organizations to implement energy conservation and longer-range renewable energy development programs.

Response: In 2017, the City of Monterey was one of the key founders of Monterey Bay Community Power (now Central Coast Community Energy). Central Coast Community Energy is a Community Choice Energy agency established by local communities to source carbon-free electricity for Monterey, San Benito, and Santa Cruz counties and now parts of San Luis Obispo County while retaining PG&E’s traditional role delivering power and maintaining electric infrastructure.

In 2022, this program continues to fulfill the City’s goal to reduce greenhouse gas emissions and increase opportunities for energy saving programs. AMBAG recently updated the greenhouse gas audit and the City has met its goals to date.

Open Space Element
Goal c. Preserve greenbelts to ensure an overall visual impression of open space on the hillsides above Monterey, between neighborhoods and along major transportation corridors.

Policy c.1. Maintain greenbelts as open space.

Policy c.2. Coordinate with the County to preserve greenbelts, which form the backdrop of Monterey.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 5, Packet Page 73 Response: In 2022, the City adopted a Greenbelt Fuel Reduction Plan which would result in the managed reduction of fire fuel hazards within eight treatment areas within the City’s greenbelt system.

Goal d. Preserve and improve lakes and waterways as important visual, habitat, flood protection, and recreation resources.

Policy d.1. Continue to preserve Lake El Estero, Del Monte Lake, Roberts Lake, Laguna Grande, Washerwoman’s Pond, and Lagunita Mirada as visual open space features.

Policy d.4. Protect native plants, animals, and native habitats in Lake El Estero, Del Monte Lake, and Laguna Grande.

Policy d.5. Continue to support and enhance the public use of the City's lakes. Manage nonnative wildlife such as Canadian Geese.

Policy d.6. Continue to allow active recreational use of the lakes.

Policy d.7. Work with the City of Seaside to preserve and enhance Roberts Lake and Laguna Grande.

Response: In 2022, City staff has worked with the City of Seaside and Monterey Peninsula Regional Parks District to reinvigorate the Joint Powers Authority to create a maintenance strategy for Laguna Grande Park. The project will implement maintenance strategies to create a more accessible, safe, and long-lasting park for the surrounding community and region.

Safety Element
Goal d. Minimize the loss of life and property from fire.

Policy d.2. Achieve effective emergency access to all developments, installations, and fire protection equipment for emergency apparatus and for evacuation.

Goal h. Ensure prompt and effective services to cope with local emergencies.

Policy h.1. Continue to provide high quality fire, police, and emergency medical services.

Policy h.2. Continue to develop emergency plans to respond to large-scale natural or manmade disasters, such as fires, earthquakes, floods, nuclear attack, terrorist attack, or releases of hazardous materials.

Policy h.3. Continue emergency planning and preparation in cooperation with Monterey County, neighboring cities, and other agencies.

Response: In 2022, with the increased severity and frequency of wildfires in California, community wildfire planning is increasingly important to help prepare for and adapt to wildfire.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 6, Packet Page 74 Community Wildfire Protection Plans (CWPPs) are a tool to help reduce the severity and impact of wildfires and increase community resilience. A CWPP is being developed for the Cities of Monterey, Carmel-by-the-Sea, and Pacific Grove. Over 56% of land within these cities is located in a high or very high fire hazard severity zone. The CWPP is being developed with input and direction from stakeholders, agency representatives, and community members.

Policy e.5. Develop airport compatibility policies.

Response: In 2022, the City initiated a Safety Element update to update the City’s land use documents to be consistent with the Monterey County Airport Land Use Compatibility Plan.

Economic Element
Policy a.2. Encourage visitor uses which are based on Monterey’s natural setting and history, rather than generic visitor uses without a strong tie to Monterey’s unique features.

Policy a.4. Encourage small businesses and unique locally owned businesses.

Response: In 2022, the City adopted a Zoning Ordinance amendment to allow bicycle rental businesses as principally permitted uses in the Downtown and Lighthouse Specific Plan areas and in the Open Space Zoning District.

Program b.2.1. Promote waterfront-related retail uses and recreational activities in Local Coastal Programs and Specific plans appropriate to the natural resources of each segment of the waterfront as identified in the Urban Design Element.

Response: In 2022, City staff worked with California Coastal Commission staff to extend outdoor dining areas to help businesses recover from COVID-19 revenue shortfalls. Outdoor dining areas are also an objective in the Waterfront Master Plan.

Program b.4.1. Investigate ways to support the Naval Postgraduate School and Defense Language Institute so that they remain in the City of Monterey, including provision of services to support the operation of the facilities.

Policy c.4. Support the military uses in the community with essential public services.

Response: The City of Monterey is home to multiple military facilities including the Presidio of Monterey, Naval Post Graduate School, and Fleet Numerical. These facilities are predominately education and research oriented and are a cornerstone of the City’s economy.

The City of Monterey continues to provide essential public works services to its military partners.

There is no boundary between the infrastructure systems and maintenance inside and outside the military bases.

Collaborating with the City’s military partners, the City secured a large grant from the U.S.

Department of Defense’s Office of Local Defense Community Cooperation to study issues impacting the region’s military facilities and municipalities. The Monterey Regional Compatible Use Study (CUS) is a collaborative planning effort among a variety of regional stakeholders to Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 7, Packet Page 75 identify and address compatible use and communication with and around military installations in Monterey and San Luis Obispo counties. In 2022, the CUS effort has directly benefited both the military and surrounding region by: Protecting the health, safety, and welfare of the public and of military personnel; Preserving long-term compatibility between military installations and the surrounding communities to support existing and future military operations; Sustaining the economic vitality of local communities; Enhancing communication and coordination between military installation and community officials and staff; and, Providing tools that support informed decision-making. The project is nearing completion in Spring 2023.

Historic Preservation Element
Program a.1.7. Maintain and update the City’s historic incentive programs to support historic property owners, including grant programs, land use incentives, flexible zoning and parking standards, property tax relief, Historic Building Code, and expedited processing for historic resources.

Response: In 2022, City staff inspected all Mills Act contract properties in the City to ensure compliance with each property’s respective maintenance schedule. City staff continues to process Mills Act contract applications to encourage preservation of historic properties.

Staff recommends the City Council adopt a Resolution accepting the 2022 General Plan Annual Report.

KC/FR
Attachments: 1. Draft Resolution with Exhibit A
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, 3/21/2023, Item No. 8., Item Page 8, Packet Page 76 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
1 ACCEPTING THE 2022 GENERAL PLAN ANNUAL REPORT
WHEREAS, Government Code Section 65400 requires the City of Monterey to prepare a report regarding the status of the City’s General Plan and progress in its implementation (General Plan Progress Report) and provide the General Plan Progress Report to the Governor’s Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD). The attached report (Exhibit A) fulfills this requirement; and,
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby accepts the 2022 General Plan Annual Report, attached hereto as Exhibit A.

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 21st day of March, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 9, Packet Page 77 Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 10, Packet Page 78

EXHIBIT A
1 2022
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 11, Packet Page 79

EXHIBIT A
2 1. Introduction
Purpose
Government Code Section 65400 requires the City to annually prepare a report regarding the status of the City’s General Plan and progress in its implementation (General Plan Progress Report) and provide the General Plan Progress Report to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD).

General Plan Background
California State law requires that each city adopt a comprehensive, long-term general plan for the physical development of the area under its jurisdiction. General plans must include seven elements that together compose an integrated set of goals, policies, and action programs.

These seven required elements are land use, circulation, housing, conservation, open space, safety, and noise. In addition, a city may adopt optional elements that relate to the physical development of the community. The City of Monterey General Plan contains the following elements:
• Urban Design (optional)
• Land Use (required)
• Circulation (required)
• Housing (required)
• Conservation (required)
• Open Space (required)
• Safety (required)
• Noise (required)
• Economic (optional)
• Social (optional)
• Historic Preservation (optional)
• Public Facilities (optional)
The General Plan is the City’s official policy that guides decisions affecting future physical development and change within the City. The General Plan was adopted in January 2005.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 12, Packet Page 80

EXHIBIT A
3 2. General Plan Amendment Status
Local governments are required to keep their General Plans current and internally consistent.

Although General Plans must be kept current, there is no specific requirement that a local government update its General Plan on a particular timeline, with the exception of the Housing Element, which is required to be updated every eight years. As of December 2022, the General Plan has been amended nine times since its adoption. The Resolution #, date and summary of amendment are detailed below:
 Resolution No. 06-79 (June 6, 2006) – Amended the Safety Element policy regarding development on slopes.
 Resolution No. 07-182 (October 2, 2007) – Amended land use map to recognize a parcel as parks, recreation and open space
 Resolution No. 09-086 (June 2, 2009) – Amended the Fire Hazard Severity Zones Map to reflect the updated fire hazard zones.
 Resolution No. 09-105 (July 7, 2009) – Adopted new Housing Element  Resolution No. 10-161 (November 2, 2010) – Resolve mapping errors  Resolution No. 13-131 (August 6, 2013) – Amended various elements to address the Downtown, Lighthouse/Foam and North Fremont Specific Plans, updated flood information and incorporated the Mutli Modal Level of Service  Resolution No. 16-042 (March 23, 2016) - Adopted a new Housing Element  Resolution No. 19-093 (June 4, 2019) – Amended General Plan to allow multifamily residential uses in the Industrial land use designation and to include Garden Road as an area appropriate for workforce housing.
 Resolution 19-178 (November 5, 2019)– Amended the land use designation for the Old Capitol Site from Planned Community to Open Space
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 13, Packet Page 81

EXHIBIT A
4 3. General Plan Implementation Progress Report
The General Plan Annual Report analyzes the City’s progress in meetings its General Plan goals, policies, and programs. A comprehensive list is included as Appendix A. Most General Plan policies and related action items have been implemented through the adoption of ordinances or resolutions, incorporated into the regular government activities of the applicable departments, or included in development proposals as they are reviewed for consistency with the City’s policies. In 2022, the City made significant progress in its Land Use, Circulation, Housing, Conservation, Open Space, Safety, Economic, and Historic Preservation elements, as summarized below.

Land Use Element
Policy b.2. Follow the existing policy directions in the Highway 68 Plan and Old Capitol Site Memorandum of Understanding for residential development south of Highway 1. Workforce housing on the City owned Ryan Ranch, mixed use housing in the Ryan Ranch Business Park and multifamily housing on the south side of Garden Road may be considered in order to provide housing in proximity to a major employment center.

Response: A Complete Streets policy has been incorporated into a draft update to the City’s Circulation Element.

Policy c.3. Identify and implement street improvements to address high accident rates for motorists, pedestrians, and bicyclists, even if such improvements result in increased traffic congestion.

Program c.3.2. Place the highest priority on projects that reduce high accident rates.

Policy j.3. Monitor accident rates and trends to identify locations for possible transportation safety improvements.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 14, Packet Page 82

EXHIBIT A
5 Housing Element
The State of California requires regions to address housing issues and needs based on future growth projections for the area. The Housing and Community Development (HCD) Department allocates regional housing needs to councils of government throughout the state. The Association of Monterey Bay Area Governments (AMBAG) then allocates to each city and unincorporated county their “fair share” of the region’s projected housing needs by household income level. This distribution is commonly referred to as the Regional Housing Needs Allocation (RHNA).

The City’s General Plan Housing Element includes programs and actions to be taken to meet these objectives and reflects the RHNA for the City of Monterey. For the 2015-2023 RHNA Cycle, the City of Monterey requirement was 650 new housing units. In 2022, construction of 25 housing units was completed. Table 1 below shows housing unit data for calendar year 2022.

Table 1: Housing Units in 2022 in the City of Monterey
Building Permits Issued by Affordability Summary
Income Level 2022
Very Low Deed Restricted 0
Non-Deed Restricted 0
Low Deed Restricted 0
Non-Deed Restricted 0
Moderate Deed Restricted 0
Non-Deed Restricted 0
Above Moderate 29
Total Units 29
Note: Units serving extremely low-income households are included in the very low-income permitted units totals
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 2 2 2
2 to 4 9 6 0
5+ 0 0 10
ADU 22 21 13
MH 0 0 0
Total 33 29 25
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 15, Packet Page 83

EXHIBIT A
6 For the 2023-2031 RHNA Cycle, the requirement is 3,654 new housing units, which must be planned to accommodate a variety of incomes (Table 2). The City is required to ensure that local zoning has sufficient capacity to meet the RHNA at all income levels throughout the period.

Table 2: 2023-2031 RHNA for the City of Monterey
Income Group Totals
Very Low Low Mod Above Mod
RHNA Total
City of Monterey 1,177 769 462 1,246 3,654
The number one constraint to housing development is water supply. Without resolving the City’s water supply issues, housing production will not meet State goals. The City has not satisfied Goal m. “Develop long-term water supplies and conservation methods so that there is sufficient water to implement General Plan goals.”
City staff continues to explore policy and zoning changes to create more opportunities for housing construction.

Response: The City entered into a developer agreement with MidPen Housing to provide 100% affordable family rental housing at a City-owned property at the corner of Van Buren and Madison Streets.

Response: Staff continues to work with the developers of the 180 approved housing units on Garden Road.

Conservation Element
Goal e. Encourage the effective and efficient use of energy in all its critical forms by public and private users alike.

Policy e.1. Encourage energy sources, which provide part or all of the energy needed for buildings.

Program e.1.1. Consider aesthetically compatible independent energy sources in new public and private buildings.

Program e.1.2. Encourage energy retrofitting in existing residential and commercial structures.

Policy e.2. Educate the public about energy conservation.

Program e.2.1. Support public education activities that dramatize cost-saving benefits of energy conservation to local consumers.

Program e.2.2. Encourage the hotel, motel, and restaurant associations to maintain an energy conservation program on a continual basis.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 16, Packet Page 84

EXHIBIT A
7 Policy e.3. Work with other local, state and federal agencies, public utilities and community organizations to implement energy conservation and longer-range renewable energy development programs.

Open Space Element
Goal c. Preserve greenbelts to ensure an overall visual impression of open space on the hillsides above Monterey, between neighborhoods and along major transportation corridors.

Policy c.1. Maintain greenbelts as open space.

Policy c.2. Coordinate with the County to preserve greenbelts, which form the backdrop of Monterey.

Response: In 2022, the City adopted a Greenbelt Fuel Reduction Plan which would result in the managed reduction of fire fuel hazards within eight treatment areas within the City’s greenbelt system.

Goal d. Preserve and improve lakes and waterways as important visual, habitat, flood protection, and recreation resources.

Policy d.1. Continue to preserve Lake El Estero, Del Monte Lake, Roberts Lake, Laguna Grande, Washerwoman’s Pond, and Lagunita Mirada as visual open space features.

Policy d.4. Protect native plants, animals, and native habitats in Lake El Estero, Del Monte Lake, and Laguna Grande.

Policy d.5. Continue to support and enhance the public use of the City's lakes. Manage nonnative wildlife such as Canadian Geese.

Policy d.6. Continue to allow active recreational use of the lakes.

Policy d.7. Work with the City of Seaside to preserve and enhance Roberts Lake and Laguna Grande.

Response: In 2022, City staff has worked with the City of Seaside and Monterey Peninsula Regional Parks District to reinvigorate the Joint Powers Authority to create a maintenance Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 17, Packet Page 85

EXHIBIT A
8 strategy for Laguna Grande Park. The project will implement maintenance strategies to create a more accessible, safe, and long-lasting park for the surrounding community and region.

Safety Element
Goal d. Minimize the loss of life and property from fire.

Policy d.2. Achieve effective emergency access to all developments, installations, and fire protection equipment for emergency apparatus and for evacuation.

Goal h. Ensure prompt and effective services to cope with local emergencies.

Policy h.1. Continue to provide high quality fire, police, and emergency medical services.

Policy h.3. Continue emergency planning and preparation in cooperation with Monterey County, neighboring cities, and other agencies.

Response: In 2022, with the increased severity and frequency of wildfires in California, community wildfire planning is increasingly important to help prepare for and adapt to wildfire.

Community Wildfire Protection Plans (CWPPs) are a tool to help reduce the severity and impact of wildfires and increase community resilience. A CWPP is being developed for the Cities of Monterey, Carmel-by-the-Sea, and Pacific Grove. Over 56% of land within these cities is located in a high or very high fire hazard severity zone. The CWPP is being developed with input and direction from stakeholders, agency representatives, and community members.

Policy e.5. Develop airport compatibility policies.

Response: In 2022, the City initiated a Safety Element update to update the City’s land use documents to be consistent with the Monterey County Airport Land Use Compatibility Plan.

Economic Element
Policy a.2. Encourage visitor uses which are based on Monterey’s natural setting and history, rather than generic visitor uses without a strong tie to Monterey’s unique features.

Policy a.4. Encourage small businesses and unique locally owned businesses.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 18, Packet Page 86

EXHIBIT A
9 Response: In 2022, City staff worked with California Coastal Commission staff to extend outdoor dining areas to help businesses recover from COVID-19 revenue shortfalls. Outdoor dining areas are also an objective in the Waterfront Master Plan.

Policy c.4. Support the military uses in the community with essential public services.

The City of Monterey continues to provide essential public works services to its military partners.

There is no boundary between the infrastructure systems and maintenance inside and outside the military bases.

Collaborating with the City’s military partners, the City secured a large grant from the Department of Defense Office of Local Defense Community Cooperation to study issues impacting the region’s military facilities and municipalities. The Monterey Regional Compatible Use Study (CUS) is a collaborative planning effort among a variety of regional stakeholders to identify and address compatible use and communication with and around military installations in Monterey and San Luis Obispo counties. In 2022, the CUS effort has directly benefit both the military and surrounding region by: Protecting the health, safety, and welfare of the public and of military personnel; Preserving long-term compatibility between military installations and the surrounding communities to support existing and future military operations; Sustaining the economic vitality of local communities; Enhancing communication and coordination between military installation and community officials and staff; and, Providing tools that support informed decision-making. The project is nearing completion in spring 2023.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 19, Packet Page 87

EXHIBIT A
10 Appendix A – City of Monterey General Plan Goals, Policies, and Programs Urban Design Element
Goal/Policy Progress
Goal a. Balance natural resources and public
use of the shoreline and Bay, based on
natural features, historic setting, maritime
activities, and public access (see Figure 1).

Background Information – Proposals
reviewed for consistency as proposed
Policy a.1. Conserve and enhance the
environment of the beaches and sand dunes
as natural attractions, and improve public
access consistent with dune preservation
goals. Integrate the beaches and dunes into a
continuous natural setting.

Background Information – Proposals
reviewed for consistency as proposed
Window on the Bay and Beach
Policy a.2. Develop for active park and beach
use, but minimize parking and building
intrusion into the park.

Completed.

The Window on the Bay and Beach have
active park uses (volleyball, tot lot) and
general beach use. Parking and buildings
have been minimized within the park.

Policy a.3. Retain active waterfront activities,
including commercial and sport fishing,
working wharves, boat access, and boat
repair, which show Monterey’s historic
interface with the Bay. Maintain a natural
appearance and maritime use of the water’s
edge.

Background Information – Proposals
reviewed for consistency as proposed
All active waterfront uses have been
retained.

Policy a.4. Keep random mooring concept
intact in the outer harbor because of its
special scenic value.

Background Information – Proposals
reviewed for consistency as proposed
Random mooring concept has been
retained.

Policy a.5. Do not overcrowd the harbor with
boat slips and moorings. A limited number of
boat slips and moorings are appropriate where
they help maintain the visual qualities of the
maritime setting.

Background Information – Proposals
reviewed for consistency as proposed
No boat slips or moorings have been
added in 2022.

Policy a.6. Maintain views, active park use,
and the rocky shoreline at San Carlos Beach
Park.

Background Information – Proposals
reviewed for consistency as proposed
Views, active park and rocky shoreline
have been maintained.

Policy a.7. Protect the rugged coastline and
open up the view to the water and rocky shore
as much as possible while also respecting
historic resources and building footprints over
the water, as noted in the Cannery Row Local
Coastal Program.

Background Information – Proposals
reviewed for consistency as proposed
Coastline, views and rocky shore have
been protected. There has been no
change.

Policy a.8. Preserve and maintain the natural
environment of the Ed Ricketts underwater
park and tidelands.

Background Information – Proposals
reviewed for consistency as proposed
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 20, Packet Page 88

EXHIBIT A
11 Ed Ricketts underwater park and tidelands
has been preserved and maintained.

Policy a.9. Enhance the visual qualities of the
Monterey Bay Coastal Trail. Preserve and
enhance views from the Trail to natural
features as much as possible and encourage
access from the trail to the Bay.

Background Information – Proposals
reviewed for consistency as proposed
No change to views has occurred.

Goal b. Preserve the wooded skyline and
foothills, which provide the southern and
eastern framework for the City, including areas
within and beyond the City limits.

Background Information – Proposals
reviewed for consistency as proposed
The City’s Tree Ordinance requires
extensive review and replacements for all
tree removals. The City places a high
priority on preserving the wooded skyline
and foothills.

Policy b.1. The visual skyline and foothills
beyond the city limits should be under the
City’s control. One method of achieving this
would be annexation. The City should engage
in active collaboration with other governmental
agencies and advocate for preservation of the
forested areas.

Background Information – County
proposals reviewed for consistency as
proposed
The County of Monterey refers
development proposals to the City for
review if they impact the scenic hillsides
and vegetation around Monterey.

Policy b.2. New development in the ridge
areas should be sensitively located to
preserve the forested setting. Development in
the ridge areas should not silhouette against
the skyline.

Background Information – Proposals
reviewed for consistency as proposed
Policy b.3. Trees in forested areas should be
preserved, and denuded areas should be
reforested where feasible.

Background Information – Proposals
reviewed for consistency as proposed
The City’s Tree Ordinance requires
extensive review and replacements for all
tree removals.

Policy b.4. Foothill areas can be preserved by
allowing low-density development, or clustered
development with open space.

Background Information – Proposals
reviewed for consistency as proposed
No developments proposed.

Policy b.5. Development in forested areas
should not create obvious holes in the forest.

Background Information – Proposals
reviewed for consistency as proposed
The City’s Tree Ordinance requires
extensive review and replacements for all
tree removals.

Policy b.6. Trails in forested areas are
encouraged to allow for passive public
enjoyment of the natural setting.

Background Information – Proposals
reviewed for consistency as proposed
Goal c. Respect and retain the wooded
canyons as distinctive natural features, as the
natural separation of neighborhoods, as
Background Information – Proposals
reviewed for consistency as proposed
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 21, Packet Page 89

EXHIBIT A
12 locations for scenic roadways, and as
recreational opportunities.

Policy c.1. Maintain the canyons and their
native vegetation throughout their lengths.

Background Information – Proposals
reviewed for consistency as proposed
Goal d. Maintain lakes and waterways, and
natural drainage.

Background Information – Proposals
reviewed for consistency as proposed
Policy d.1. Discourage proliferation of surface
parking and other hard surface, man-made
improvements at Lake El Estero.

Background Information – Proposals
reviewed for consistency as proposed
No changes proposed.

Policy d.2. Coordinate with the Naval
Postgraduate School to allow use of Del
Monte Lake as an historic public view and
recreation resource.

Several years ago, the Navy installed a
new metal open-slat fence allowing views
of the lake. Military facilities are closed for
safety and the City does not anticipate reopening of military bases to the general population.

Policy d.3. Coordinate with the City of
Seaside to assure that Roberts Lake and
Laguna Grande remain as marsh habitat and
scenic resources for both Seaside and
Monterey.

Background Information – Proposals
reviewed for consistency as proposed
City has reinvigorated the Laguna Grande
Joint Powers Authority (JPA) to discuss
Laguna Grande Lake.

In 2022, the City has continued to
coordinate with JPA member agencies to
develop a trails enhancement and
maintenance strategy to preserve and
enhance habitat and scenic resources.

The JPA is preparing to commence State
and Federal agency permitting.

Goal e. Historic buildings, gardens, districts,
and their settings should continue to be
protected and restored, keeping the flavor of
the past. (See also the Historic Preservation
Element.)
Background Information – Proposals
reviewed for consistency as proposed
City’s Historic Ordinance protects historic
sites.

Policy e.1. Protect and enhance the setting of
historic buildings.

Background Information – Proposals
reviewed for consistency as proposed
City’s Historic Ordinance protects historic
sites.

Policy e.2. Respect the scale of historic
buildings by careful design of adjacent
buildings
Background Information – Proposals
reviewed for consistency as proposed
City’s Historic Ordinance protects historic
sites.

Policy e.3. Maintain the downtown path of
history and develop additional paths of history
in areas like Cannery Row, Presidio of
Monterey and other historic areas.

A current Community Neighborhood
Improvement Project is considering
possible improvements to the Path of
History.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 22, Packet Page 90

EXHIBIT A
13 Goal f. Maintain existing vistas and seek to
improve new vista points seen from roadways,
parks, and other public spaces. Collaborate
with other agencies to protect city vistas and
scenic amenities.

Background Information – Proposals
reviewed for consistency as proposed
Policy f.1. Campuses: Maintain large
campuses as open space amenities within
Monterey (e.g., Monterey Peninsula College,
Naval Postgraduate School, Defense
Language Institute, Monterey Peninsula
Unified School District, and private school and
college sites). Fencing and walls on these
large sites should be screened by landscape
elements, rather than being placed between
landscape elements and streets or vistas.

Background Information – Proposals
reviewed for consistency as proposed
Policy f.2. Monterey Bay Park: Complete
Monterey Bay Park.

Background Information – Proposals
reviewed for consistency as proposed
No changes have been proposed.

Policy f.3. Wharf and Cannery Row: Maintain
and enhance vistas.

Background Information – Proposals
reviewed for consistency as proposed
No changes have been proposed.

Policy f.4. Del Monte Lake at Navy School:

Open up and maintain the vista of Del Monte
Lake from Del Monte Avenue.

Background Information – Proposals
reviewed for consistency as proposed
No changes have been proposed.

Policy f.5. Freeway: Preserve and enhance
the view of the bay, the dunes, Laguna
Grande, Roberts Lake, and wooded hillsides.

Background Information – Proposals
reviewed for consistency as proposed
Policy f.6. Del Monte Avenue: Screen the
commercial area along Del Monte Avenue
from Seaside to Washington Street.

Background Information – Proposals
reviewed for consistency as proposed
No changes have been proposed.

Policy f.7. Lighthouse Curve: Preserve and
enhance views of the Presidio and the Harbor.

Background Information – Proposals
reviewed for consistency as proposed
Views have been preserved.

Policy f.8. Remove overhead wires. Background Information – Proposals reviewed for consistency as proposed
New wireless proposals are being
reviewed for consistency with the City
Code. The City Code requires
undergrounding in certain circumstances.

Policy f.9. Discourage high levels of ambient
light and maintain night skies where stars can
be seen.

Background Information – Proposals
reviewed for consistency as proposed
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 23, Packet Page 91

EXHIBIT A
14 Policy f.10. Encourage parking to be placed
underground or away from the street to
improve the pedestrian experience.

Background Information – Proposals
reviewed for consistency as proposed
Goal g. Landscape elements should be
consistent and compatible within each area.

Background Information – Proposals
reviewed for consistency as proposed
Policy g.1. Use landscaping for framing
vistas.

Background Information – Proposals
reviewed for consistency as proposed
Policy g.2. Favor native species. Background Information – Proposals reviewed for consistency as proposed
Policy g.3. Discourage noxious invasive
plants such as genista, pampas grass, ice
plant, and Kukui grass where appropriate by
direct action and educating the public that
these are not appropriate landscape materials.

Background Information – Proposals
reviewed for consistency as proposed
Policy g.4. Use landscaping to screen parking
lots and structures, including Del Monte
Center, from freeway.

Background Information – Proposals
reviewed for consistency as proposed
Policy g.5. Protect existing cypress, Monterey
pine, and coast live oak trees in urban and
historic contexts, replant when removal is
necessary, and retain the health of the stands.

Background Information – Proposals
reviewed for consistency as proposed
The City’s Tree Ordinance requires
extensive review and replacements for all
tree removals.

Policy g.6. Use trees to soften existing
parking structures.

Background Information – Proposals
reviewed for consistency as proposed
Policy g.7. Use landscaping to screen parking
where appropriate.

Background Information – Proposals
reviewed for consistency as proposed
Policy g.8. Encourage planting of trees on
public and private land throughout the City of
Monterey.

Background Information – Proposals
reviewed for consistency as proposed
Goal h. Protect and enhance scenic
entrances shown on Figure 2, which follow a
parkway concept.

Background Information – Proposals
reviewed for consistency as proposed
Policy h.1. Significant natural features within
scenic corridors should be preserved and
enhanced to the maximum extent possible in
the design and construction of scenic
entrances. These natural features include:
ridgelines, hilltops, rock outcroppings, stream
and creek beds, scenic vistas, wildlife habitats,
Monterey pine and oak groves, and other
significant natural vegetation.

Background Information – Proposals
reviewed for consistency as proposed
Policy h.2. Highway construction grading
should not take place outside the roadway
right-of- way.

Background Information – Proposals
reviewed for consistency as proposed
No changes proposed.

Policy h.3. Consideration should be given to
using bridges for crossing wooded canyons.

Highways should be designed to blend with
Background Information – Proposals
reviewed for consistency as proposed
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 24, Packet Page 92

EXHIBIT A
15 the natural topography and prevent large cutand-fill operations.No changes proposed.

Policy h.4. Roadway lighting and signing
should be minimized, of low-profile design,
and designed to enhance the scenic character
of the corridor.

Background Information – Proposals
reviewed for consistency as proposed
City installed new community wayfinding
signs to reduce visual clutter and improve
the City’s scenic entrances.

No new roadway lighting has been
installed.

Policy h.5. Bridge abutments and drainage
structures should be blended into the natural
terrain as much as possible.

Background Information – Proposals
reviewed for consistency as proposed
Policy h.6. Where feasible, direct driveway
access to scenic entrances should not be
permitted from individual properties. Most of
the scenic corridors run through wooded
canyons and create a rural feeling. This effect
will be destroyed if residences are permitted to
line the roadway in a manner similar to
Josselyn Canyon Road.

Background Information – Proposals
reviewed for consistency as proposed
No changes proposed.

Policy h.7. Frontage roads should not parallel
scenic freeway lanes unless screened by
terrain or vegetation. Frontage roads detract
from the scenic qualities of an area and
should be located within an adjacent
development or screened by natural features
where possible.

Background Information – Proposals
reviewed for consistency as proposed
No changes proposed.

Policy h.8. Landscaped greenbelt areas
should be established along the borders of
scenic entrances.

Background Information – Proposals
reviewed for consistency as proposed
No changes proposed.

Policy h.9. Landscape buffers should be
provided at least 100 feet in width from the
ultimate planned right-of-way of Statedesignated scenic highways.

Background Information – Proposals
reviewed for consistency as proposed
Policy h.10. Developments visible from
Scenic Entrances should blend into the natural
surroundings and not detrimentally impact
significant natural features such as the
wooded ridgeline, hilltops, etc.

Background Information – Proposals
reviewed for consistency as proposed
Highway 1
Policy h.11. Maintain existing vistas of the
city, forest, bay and dunes.

Background Information – Proposals
reviewed for consistency as proposed
Vistas have been maintained.

Policy h.12. Prohibit new commercial signing
which is oriented to freeways and phase out
Background Information – Proposals
reviewed for consistency as proposed
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 25, Packet Page 93

EXHIBIT A
16 existing commercial signing which is oriented
to freeways.

No changes proposed.

Policy h.13. Screen industrial elements. Background Information – Proposals reviewed for consistency as proposed
Policy h.14. Work with Caltrans to maintain or
reinforce native landscaping, with appropriate
planting.

Future project
Policy h.15. Encourage designation of all of
Highway 1 as a scenic highway.

Partially designated – need to pursue
Policy h.16. Reverse the visual degradation
of scenic forests.

Background Information – Proposals
reviewed for consistency as proposed
The City’s Tree Ordinance requires
extensive review and replacements for all
tree removals.

Policy h.17. Avoid further illumination from
Community Hospital of the Monterey
Peninsula.

Background Information – Proposals
reviewed for consistency as proposed
No changes proposed.

Policy h.18. Screen buildings close to the
Highway with native vegetation, such as
Monterey pines, oaks, and cypress.

Background Information – Proposals
reviewed for consistency as proposed
Monterey Salinas Highway
Policy h.19. Reverse the visual degradation
of scenic forests.

Background Information – Proposals
reviewed for consistency as proposed.

The City’s Tree Ordinance requires
extensive review and replacements for all
tree removals.

Policy h.20. Avoid further illumination along
Ryan Ranch and Garden Road Business Park
areas.

Background Information – Proposals
reviewed for consistency as proposed.

Policy h.21. Screen buildings close to the
Highway with native vegetation, such as Coast
Live Oak.

Background Information – Proposals
reviewed for consistency as proposed.

Policy h.22. Maintain the scenic corridor.

Munras Avenue
Background Information – Proposals
reviewed for consistency as proposed.

Policy h.23. Encourage use of native trees on
the motel side of the street to be more
compatible with Don Dahvee Park.

Background Information – Proposals
reviewed for consistency as proposed.

Del Monte Avenue
Policy h.24. Enhance the excellent scenic
value in the central portion by the Naval
Postgraduate School, and make the scenic
resources more evident to the public.

Background Information – Proposals
reviewed for consistency as proposed.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 26, Packet Page 94

EXHIBIT A
17 Policy h.25. Enhance both ends by filling in
missing portions of landscaping and
eliminating clutter from signs, wires, poles, etc.

Background Information – Proposals
reviewed for consistency as proposed.

Park improvements continue to be made.

Aguajito, Jacks Peak, and Monhollan
Roads
Policy h.26. Maintain a low-speed scenic road
and retain the informal and natural quality.

Background Information – Proposals
reviewed for consistency as proposed.

Pacific Street
Policy h.27. Plant out the Heritage Harbor
parking structure using native trees such as
cypress.

Background Information – Proposals
reviewed for consistency as proposed.

Policy h.28. Maintain the natural setting of
upper Pacific Street and the street tree canopy
along lower Pacific Street.

Background Information – Proposals
reviewed for consistency as proposed.

Land Use Element
Goal/Policy Progress
Goal a. Maintain a Land Use Plan Map to
guide future development and land use.

Land Use Plan Map is maintained.

Policy a.1. Implement the Land Use Plan
using the Land Use Plan Map (Figure 3) and
the following land use categories:
- Residential
- Public/Semi Public
- Parks, Recreation, Open Space
- Industrial
- Commercial
Implemented
Goal b. Direct future population growth into
mixed use neighborhoods. The City's goal is
to create and nurture mixed use
neighborhoods that: 1) Reduce automobile
trips; 2) Improve the quality of the pedestrian
experience; 3) Create walkable
neighborhoods; 4) Provide more ownership
opportunities; 5) Increase the stock of
housing affordable to Monterey's work force;
6) Require high-quality design to complement
Monterey's image; and 7) Improve
neighborhood-oriented services.

In Process
City adopted three specific plans that directs
future growth into the City’s mixed use
neighborhoods.

Policy b.1. Create implementation tools,
such as specific plans, to include design
concepts, development guidelines, and
capital improvement programs for mixed use
neighborhoods. Emphasize attractive
pedestrian, bicycle and transit access, which
may require improved sidewalks, crosswalks,
and various public way improvements. The
City encourages owner occupied units,
Completed
City adopted three Specific Plans and
Multimodal Mobility Plan.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 27, Packet Page 95

EXHIBIT A
18 innovative site planning and tailoring the
design and density to fit with the
neighborhood. Mixed use developments are
encouraged to be attractive in design, hide
parking from the street, share parking, create
a pleasant pedestrian environment, and
provide a transition into the residential zones
through good site planning and design.

Policy b.2. Follow the existing policy
directions in the Highway 68 Plan and Old
Capitol Site Memorandum of Understanding
for residential development south of Highway

1. Workforce housing on the City owned
Ryan Ranch, mixed use housing in the Ryan
Ranch Business Park and multifamily
housing on the southside of Garden Road
may be considered in order to provide
housing in proximity to a major employment
center.
2019/2020: City completed Old Capitol Site
and site was acquired as a City park.
2019: The City Council amended this policy
to expand housing opportunities to Garden
Road allowing residential development in an
office park setting.

Since 2020, the City has approved
entitlements for 180 housing units on the
south side of Garden Road. These housing
units were either retrofits of existing buildings
or new construction. Of the 180 housing
units, 89 were entitled in 2022.Water supply
continues to significantly constrain all housing
development.

Policy b.4. Reinforce the visual, pedestrian,
and bicycle connection between City
neighborhoods and the Bay so that residents
have exceptional non-automobile access to
the Bay.

Background Information – Proposals
reviewed for consistency as proposed.

City adopted Multimodal Mobility Plan, writes
grants, and implements as funding available.

Circulation Element
Goal/Policy/Program Progress
Goal a. Improve transportation and parking
systems by managing them more effectively
before investing in costly roadway and
parking expansion projects.

Ongoing
Proposals are reviewed for compliance.

Transportation Demand Management (TDM)
strategies are implemented if feasible.

Policy a.1. Adopt a Transportation Systems
Management (TSM) program to improve the
effectiveness of the transportation system.

The TSM will include:
 a traffic-adaptive signal system that
interconnects and coordinates traffic
signals to optimize the flow of traffic
along the arterial street network;
 directional and variable message
signs (VMS) located at the main
entrances to the city directing visitor
traffic to parking supply and
uncongested routes; dynamic signs
Ongoing
The City’s TDM program/website is active,
and the City has reached out to major
employers to promote TDM. Implementation
of adaptive signal system is ongoing. VMS
are implemented during summer (high traffic)
months. Recreation Trail performance
standards have been discussed but are
difficult to implement and monitor.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 28, Packet Page 96

EXHIBIT A
19 located close to public parking that
display available parking spaces
using real-time information and
flexible parking rates developed in the
parking programs;
 advance traveler information (ATI) via
the Internet (for example, satellite
parking, preferred routes for special
events); and
 performance standards for the
Recreation Trail.

Policy a.2. Adopt and update every five
years an MMMP that defines a pedestrian
and bicycle network and supports the local
transit system. The MMMP shall:
 increase connectivity between
neighborhoods and major
destinations, such as transit, parks,
public facilities, schools, commercial
service and employment centers,
residential neighborhoods, and
parking structures,
 promote transit service for residents,
employees, and visitors;
 identify a long-term funding program for
local transit system service and
facilities with dedicated revenue
sources (e.g., citywide traffic impact
fees, dedicated sales tax); and
 identify programs that encourage
employers to use flexible work
schedules, and provide preferential
treatment to rideshare vehicles (e.g.,
reserved parking spaces and/or
reduced parking fees in city lots).

MMMP was updated and adopted in 2021.

Policy a.3. Adopt parking programs that
maximize occupancy of public parking spaces to
minimize parking impacts in adjacent residential
neighborhoods. The parking programs shall:
 establish clear guidelines for providing,
coordinating, and managing parking in
the City according to the policies and
programs identified in the Parking
section of the Circulation Element,
Area Plans, Specific Plans or Master
Plans;
 provide for long-term parking needs;
 identify satellite parking east of
Lighthouse Tunnel to serve visitors
during peak periods of demand and
Ongoing
The City continues to implement the
residential parking permit program. The City
is updating parking garage technology and
has installed wayfinding signage directing
people to parking.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 29, Packet Page 97

EXHIBIT A
20 ensure transit system service to those
locations;
 optimize parking resources, enhance
public safety, support City businesses,
and encourage increased use of
alternative transportation;
 develop on-site parking requirements
along local transit system routes that
avoid creating parking impacts on
adjacent residential neighborhoods;
and
 establish a parking fee structure for
public parking to promote (a) use of
alternative modes of transportation
while discouraging personal vehicle
trips; (b) visitor parking for long periods
of time and use of the local transit
system; and (c) employee use during
off-peak periods without significantly
reducing revenues.

Goal b. Apply land-use planning tools and
strategies that support the City's circulation
goals and direct growth to areas best served
by alternative modes of transportation.

Ongoing
Mixed-use neighborhoods and specific plans
direct growth to these areas.

Policy b.1. Use land-use policies to
concentrate development within walking
distance of the transit system to reduce the
overall demand for travel and minimize the
traffic impacts of development.

Specific plans direct growth to these areas.

Program b.1.1. Encourage master plans that
incorporate transit/pedestrian-oriented design
(TOD/POD) standards for areas planned for
development of mixed-use neighborhoods.

Specific plans encourage TOD/POD.

Policy b.2. Adopt a parking impact fee and
traffic impact fee for all new development
within the mixed-use neighborhoods defined
in the Land Use Element that will fund
alternative modes of transportation as
outlined in the MMMP.

Efforts were made to adopt a traffic impact
fee, but it did not receive support.

Policy b.3. Encourage mixed-use
development to maximize the shared use of
on-site parking spaces.

Specific Plans encourage mixed-use
development and shared parking.

Policy b.4. Incorporate retail, office, or
residential community uses into the design of
public parking structures.

Specific Plans require active ground uses.

Policy b.5. Do not support non-aviation uses
within the Monterey Peninsula Airport District
that create unnecessary traffic impacts in
adjacent residential neighborhoods.

Proposals are reviewed for compliance
and/or scheduled to Airport Land Use
Commission review.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 30, Packet Page 98

EXHIBIT A
21 Goal c. Provide a safe, efficient, wellmaintained, and environmentally sound roadway system that supports the “complete
streets” concept of equality of choice among
all modes of transportation.

A Complete Streets policy has been
incorporated into a draft update to the City’s
Circulation Element.

Policy c.1. Monitor the transportation system
to determine when transportation
management programs must be
implemented.

Staff encourages TDM strategies and
monitoring by major employers.

Policy c.2. Continue to work closely with
Army officials to reopen to civilian automobile
traffic at least one route across the Presidio
of Monterey.

Ongoing efforts between City staff and Army.

Policy c.3. Identify and implement street
improvements to address high accident rates
for motorists, pedestrians, and bicyclists,
even if such improvements result in
increased traffic congestion.

City staff continually monitors accident rates
and trends. Staff applied for grant funding
from the Safe Streets and Roads for All
Federal Grant to develop a local road safety
plan which will utilize a data driven approach
to identify rates and trends and proven
countermeasures to address the trends.

Program c.3.1. Reduce unsafe conflict points
on all major and minor arterial streets by
avoiding trap lanes and providing left-turn
lanes at intersections.

Staff has made ongoing efforts to plan for a
left-turn lane at the intersection of Del Monte
Ave. and Sloat Ave.

Program c.3.2. Place the highest priority on
projects that reduce high accident rates.

Program c.3.3. Develop roadway safety
improvement projects that result in selfenforcing conditions and require a minimum amount of signage in order to reduce driver
confusion.

This is a goal in the neighborhood traffic
calming plans, which will be implemented if
feasible.

Policy c.4. Create and maintain a roadway
system that is safe, unobtrusive, and easy to
use for all modes of transportation.

City adopted Multimodal Mobility Plan to
address this issue.

Program c.4.1. Consider the needs of
buses, bicyclists, and pedestrians when
planning road improvements.

City adopted Multimodal Mobility Plan to
address this issue.

Program c.4.2. Update the directional
signage program to primary destinations.

Ongoing citywide wayfinding program will
update all signage.

Policy c.5. Preserve the city’s character and
valuable resources in future roadway
improvements to the transportation system.

Proposals are screened for compliance.

Program c.5.1. Respect the character and
type of surrounding land uses through the
design and use of streets.

Proposals are screened for compliance.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 31, Packet Page 99

EXHIBIT A
22 Program c.5.2. Preserve natural and historic
resources and maintain scenic views when
siting and developing new roads.

Proposals are screened for compliance.

Program c.5.3. Incorporate appropriate
landscaped medians, parkways, signs,
utilities, street furniture, sidewalks, and
bicycle lanes into transportation projects.

City adopted Move Monterey Plan to address
this issue.

Program c.5.4. Maintain the major entrances
to the city as scenic, landscaped corridors.

Proposals are screened for compliance.

Program c.5.5. Establish landscaped
greenbelt areas along the borders of scenic
highways.

Proposals are screened for compliance.

Policy c.6. Implement a street classification
system (Figure 5 and Table 4) that identifies
the functions of streets according to the
American Association of State Highway and
Transportation Officials (AASHTO) street
classifications.

City adopted Move Monterey Plan to address
this issue.

Program c.6.1. Limit direct access from
private property to State highways.

Proposals are screened for compliance.

Program c.6.2. Through-traffic movement
along major arterial streets takes precedence
over access to adjacent land uses and traffic
access from side streets.

Proposals are screened for compliance.

Program c.6.3. Avoid mid-block median
openings and direct driveway access for
individual properties along major arterial
streets.

Proposals are screened for compliance.

Program c.6.4. Design minor arterial streets
to carry traffic along the fringe of and around
residential neighborhoods.

Proposals are screened for compliance.

Program c.6.5. Discourage and impede
through traffic on local streets through
residential neighborhoods.

This is a goal in the neighborhood traffic
calming plans, which will be implemented if
feasible.

Program c.6.6. Carry the local transit routes
on minor arterial streets.

Staff has ongoing coordination with MST.

Program c.6.7. Provide direct access to
adjacent land uses and circulation within
residential neighborhoods and commercial
districts on collector streets.

Proposals are screened for compliance.

Policy c.7. Continue to maintain streets
using the City’s Pavement Management
System (PMS).

These are ongoing maintenance efforts.

Policy c.8. Minimize traffic impacts in
residential neighborhoods by routing truck
and through traffic onto highways and arterial
streets, even where such routing is not the
shortest distance between two points.

The City has implemented truck routes that
address this issue.

Program c.8.1. Implement the truck route
system (Figure 7 and Table 5) by posting
The City has implemented truck routes that
address this issue.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 32, Packet Page 100

EXHIBIT A
23 truck route signage directing truck traffic
around residential areas.

Program c.8.2. Implement the visitor route
system (Figure 6 and Table 6).

The ongoing citywide wayfinding program
addresses this issue.

Policy c.9. Implement design and selfenforcing solutions rather than traffic control devices to slow and discourage through
traffic in residential areas.

This is a goal in the neighborhood traffic
calming plans, which get implemented if
feasible.

Program c.9.1. Encourage implementation of
the adopted City Traffic Calming Program.

Ongoing
Program c.9.2. Install traffic calming devices
(e.g., textured crosswalks and landscaped
medians) according to adopted neighborhood
traffic calming plans.

Ongoing
Program c.9.3. Limit the use of speed limit
signs and warning signs to alert motorists to
conditions or laws that are not obvious.

This is a goal in the neighborhood traffic
calming plans, which get implemented if
feasible.

Policy c.10. Complete the widening of Del
Monte Avenue.

There are no current plans to widen Del
Monte Avenue.

Policy c.11. Improve traffic flow on Del
Monte Avenue at Washington Street.

Staff is continuing to apply for grants to
reconfigure this intersection.

Program c.11.1 Install an attractive
landscape median at the intersection of
Washington Street and Del Monte Avenue to
restrict pedestrians and vehicles from
crossing Del Monte Avenue. Include
operational improvements to Figueroa Street
and converting Tyler Street to two-way
between Del Monte Avenue and Franklin
Street.

Staff is continuing to apply for grants to
reconfigure this intersection. Operational
improvements to Figueroa were made with a
bicycle push button. Tyler has not been
converted.

Program c.11.2 Improve the pedestrian
connection from Washington Street and Del
Monte Avenue to the Alvarado Mall.

Staff is continuing to pursue ideas.

Program c.11.3 To better link the Downtown
with the waterfront, construct an attractive
pedestrian bridge between Spanish Plaza
and the Wharf parking lot to provide a direct
bicycle connection from Downtown to the
Recreation Trail.

Future project.

Policy c.12. Maintain two-way traffic on
Lighthouse Avenue to enhance the
pedestrian experience and business
environment and improve traffic safety.

Two-way traffic is maintained.

Program c.12.1. Implement a capital
improvement project to design, fund and
operate a long-term traffic solution for
Lighthouse Avenue.

There has been no consensus on a solution
for Lighthouse Avenue.

Policy c.13. Support capacity improvements
on State highways because these routes are
the primary entrances into the City.

Staff continues to pursue this issue.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 33, Packet Page 101

EXHIBIT A
24 Program c.13.1. Support Holman Highway
68 widening to four lanes along the entire
length. The design of this project should
minimize impacts along the ridgeline and to
the forested environment.

Staff supported a roundabout, which
increased capacity, rather than widening.

Program c.13.2. Support Monterey-Salinas
Highway 68 widening to four lanes of
expressway or a new off-alignment bypass
facility.

Staff is supporting a TAMC project for
roundabouts instead of widening to increase
capacity.

Program c.13.3. Support Highway 1
widening to six lanes between Highway 218
and the Fremont Boulevard interchange in
Sand City.

Future program
Policy c.14. Implement operational
improvements on major arterial streets so
that traffic can safely enter the city without
backing up on Highway 1.

The adaptive signal systems are helping this
issue.

Program c.14.1. Improve the intersection
operations of Fremont Street Interchange and
Camino Aguajito to maximize flow along the
major arterial and reduce congestion.

The adaptive signal system is providing
operational improvements that alleviate
congestion on Highway 1.

Policy c.15. Continue to coordinate with
Caltrans and TAMC to identify improvements
and funding for improvements to Highway 1,
Highway 68 and other locations within the
City deemed important to the function of the
regional transportation network so that the
LOS standards for such facilities are met.

This intersection is under Caltrans control.

The City is working with Caltrans in order to
expand the traffic signal adaptive system to
Caltrans intersections.

Goal d. Promote a pedestrian/bicycle-friendly
environment where public spaces, streets,
and off-street paths offer a level of
convenience, safety, and attractiveness that
encourage and reward the use of alternative
modes of transportation.

The adopted Move Monterey Plan and
Specific Plans promote this goal.

Policy d.1. Build on the success of the
Recreation Trail to make walking and
bicycling through Monterey safe and
enjoyable.

Staff continues to support Recreation Trail
enhancements.

Program d.1.2. Install adequate lighting along
Class I bike trails.

Staff supports adequate lighting whenever
feasible.

Program d.1.3. Plan and support a
continuous east west Class I/Class II bikeway
that connects the Monterey Peninsula with
Salinas.

Staff is supporting TAMC’s efforts with this
effort.

Program d.1.4. Enhance public awareness of
bicycling laws and the proper use of bikeways
through enforcement, bicycle safety programs,
and bikeway design.

The City received an Office of Traffic Safety
grant and implemented an education
program.

Policy d.2. Provide ample space on the
Recreation Trail to reduce conflicts between
Staff applied for a grant to widen the
Recreation Trail but did not receive it.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 34, Packet Page 102

EXHIBIT A
25 different users, including bicyclists, in-line
skaters, non-motorized scooters, pedestrians,
and surreys.

Program d.2.1. Maintain a minimum width of

6.7 meters (22 feet) on high-volume
segments and a minimum width of 4.3 meters
(14 feet) on other segments.

Ongoing
Program d.2.2. Limit the number of surreys
that may be rented for use on the Recreation
Trail at any one time.

The number of surreys is limited by use
permit.

Policy d.3. Create an integrated, safe, and
convenient pedestrian system connecting city
neighborhoods, schools, recreation areas,
commercial areas, and places of interest.

Develop, implement, and maintain a
pedestrian chapter of the MMMP to include:
 sidewalks and paths to complete a
continuous pedestrian network
throughout the community,
 sidewalk design standards requiring a
minimum width of 6 feet for a pleasant
pedestrian and wheelchair
environment in commercial business
districts and a minimum usable,
unobstructed width of 4 feet clear
space for Special Needs Groups; and
 amenities for alternative
transportation methods, such as
bicycles, scooters, and mopeds in the
commercial districts and along the
Recreational Trail (e.g., special
parking places, bicycle racks, storage
lockers, etc.).

The Move Monterey Plan discusses these
issues.

Policy d.4. Establish and maintain
pedestrian-friendly environments in
commercial areas.

The City adopted specific plans that help
create pedestrian friendly environments.

Program d.4.1. Require newly proposed
developments in commercial areas to provide
sidewalks or pedestrian connections to
surrounding areas, adjacent transit facilities,
and/or other travel facilities during
development review.

The City adopted specific plans that help
create pedestrian friendly environments.

Program d.4.2. Underground utilities in
commercial business districts to maintain
adequate space for pedestrians and to
improve the shopping environment.

The City has adopted an ordinance to require
undergrounding of new wireless facilities in
certain circumstances.

Program d.4.3. Create an attractive
pedestrian environment by providing “buffers”
separating pedestrians and vehicular traffic
The Move Monterey Plan addresses this
issue.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 35, Packet Page 103

EXHIBIT A
26 (e.g., street trees, on-street parking, and
public furniture).

Program d.4.4. Improve pedestrian
circulation in the downtown area by improving
pedestrian connections between Calle
Principal and Washington Streets.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Program d.4.5. Improve pedestrian
circulation between Cannery Row and
Lighthouse Avenue.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Policy d.5. Design intersections to improve
pedestrian safety, minimize pedestrian
crossing distances, and reduce signal time
needed to serve non-vehicle movements.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Program d.5.1. Install curb extensions to
minimize the time needed for pedestrians to
cross busy streets.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Program d.5.2. Provide sidewalk curb ramps
in all major activity areas and commercial
centers in accordance with the Americans
with Disabilities Act.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Policy d.6. Develop pedestrian and bicycle
paths in hillside and other open-space areas
as part of the regional trail system and/or as
links between major greenbelt and recreation
areas.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Policy d.7. Cooperate with other Peninsula
cities to complete the Monterey Bay Coastal
Trail as planned, including connections to
parks and green belts.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Policy d.8. Maintain designated bicycle
routes as attractive and safe transportation
facilities that provide a viable alternative to
auto travel into and throughout the city.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Program d.8.1. Encourage bike lanes, bike
racks, bike lockers, employee shower and
changing facilities in new developments.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Policy d.9. Maintain the Recreation Trail as
an attractive and safe recreation facility along
the waterfront area that also provides a
critical link for non-auto travel throughout the
city.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Program d.9.1. Identify in the MMMP a Class
I or Class II bike route connecting each
neighborhood to the Recreation Trail.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Program d.9.2. Include a Class II bike route
connecting Fremont Street to the Recreation
Trail along the Camino Aguajito alignment in
the City’s MMMP.

Completed
Policy d.10. Support efforts by regional and
state agencies to establish bike and
Staff continually supports these efforts.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 36, Packet Page 104

EXHIBIT A
27 pedestrian paths along Monterey/Salinas
Highway (Highway 68).

Goal e. Optimize the use of Monterey’s
existing parking supply to minimize the
amount of land dedicated to parking needs,
especially in commercial business districts
and along the scenic coastline.

Staff has explored more efficient use of
existing parking facilities.

Policy e.1. Explore opportunities to provide
additional parking to serve employees in the
south Downtown.

Staff has explored more efficient use of
existing parking facilities.

Policy e.2. Study the use of assessment
districts to fund and develop new parking
solutions where shortages exist (for example,
the Cass / Eldorado Area).

Future project
Policy e.3. Establish appropriate time limits
for parking in commercial business districts to
support local businesses and encourage use
of the local shuttle.

Appropriate time limits have been
established.

Policy e.4. Survey land uses, public parking
supplies, and available alternative modes of
transportation prior to considering changes in
parking requirements.

Ongoing
Policy e.5. Design attractive pedestrian ways
through parking lots to enable pedestrians to
reach their destinations in a safe manner.

Future project
Policy e.6. Establish locations for visitor
recreational vehicle parking that are served by
the local shuttle.

RV parking is available at the Waterfront
parking lot. This area is within a short
walking distance of shuttle stops.

Policy e.7. Major special events with limited
parking should provide direct and affordable
transit service to satellite parking locations.

Staff reviews TDM measures for special
events.

Policy e.8. Identify affordable employee
parking locations in the Downtown and
Cannery Row areas to minimize the impacts
on residential neighborhoods.

Staff continually supports this effort through
TDM.

Program e.8.1. Identify and develop
peripheral and satellite parking facilities for
employees. Work with businesses to fund the
construction and maintenance of parking
facilities, and to develop shuttle service
where necessary.

Staff continually supports this effort through
TDM.

Program e.8.2. Work with employers in
business districts to offer incentives for
employees to take transit, ride bikes, or walk
to work or to park in designated areas.

Staff continually supports this effort through
TDM.

Policy e.9. Improve utilization of existing
parking and create new parking opportunities
through partnerships and cooperation in
Staff continually supports this effort through
TDM. Specific Plans and mixed-use areas
encourage shared parking.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 37, Packet Page 105

EXHIBIT A
28 order to meet parking needs with fewer total
spaces.

Program e.9.1. Rely on shared parking to
minimize the number of parking spaces left
unoccupied during peak demand.

Staff continually supports this effort through
TDM. Specific Plans and mixed-use areas
encourage shared parking.

Program e.9.2. Work with businesses and
churches to make on-site parking spaces
available for the general public during hours
those parking spaces would otherwise be
unused.

Staff continually supports this effort through
TDM. Specific Plans and mixed-use areas
encourage shared parking.

Program e.9.3. Create joint-use agreements
to share parking at existing facilities for the
use of new developments at locations with
complementary parking patterns (e.g.,
residential and office).

Staff continually supports this effort through
TDM. Specific Plans and mixed-use areas
encourage shared parking.

Program e.9.4. Dedicate van/carpool parking
spaces in public parking lots based on
demand.

Staff continually supports this effort through
TDM.

Program e.9.5. Dedicate motorcycle parking
spaces in public parking lots and on-street
where feasible.

Staff continually supports this effort.

Program e.9.6. If existing parking lots are
developed with new construction, investigate
opportunities to replace the lost parking
spaces.

Opportunities to replace lost parking are
investigated.

Program e.9.7. Investigate partnerships with
public and private entities for multi-purpose
parking facilities.

Staff continually supports this effort through
TDM.

Policy e.10. Reduce employee and student
parking spillover into neighborhoods using
residential permit parking.

The City administers a residential parking
program.

Program e.10.1. Establish or expand
residential permit parking areas where
parking occupancy levels exceed 70% of
capacity and a majority of residences have
signed a petition supporting proposed permit.

Staff continually supports this effort.

Program e.10.2. Periodically review
neighborhoods with residential permit parking
programs to maximize the effectiveness of
the program.

Staff reviews neighborhoods with these
programs if the request is made.

Goal f. Provide an attractive and convenient
transit service for Monterey citizens,
especially those in the community who can
not or choose not to own a private
automobile.

Staff continually supports this effort.

Policy f.1. Work with MST to operate transit
on the city’s major and minor arterial streets,
maintaining an average headway that does
not exceed 20 minutes during the a.m. and
p.m. peak commute hours.

Staff continually supports and coordinates
with MST.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 38, Packet Page 106

EXHIBIT A
29 Policy f.2. Work with MST to keep fares low
enough to obtain consistently high patronage
and encourage more off-peak use.

Staff continually supports and coordinates
with MST.

Policy f.3. Use MST’s demand-responsive
DART service to provide service to low-density
areas. Expand DART service within the city
where flexible routing is justified.

Staff continually supports and coordinates
with MST.

Policy f.4. Identify funding for fare subsidies
or transit pass programs (e.g., employer fee
program to fund transit in lieu of providing onsite parking spaces, transit pass program for schools and large employers, senior and
youth discount passes, youth ridership
programs to increase weekend and nighttime
ridership).

Staff continually supports this through TDM.

Policy f.5. Give transit vehicles priority over
other vehicles.

Staff continually supports this effort.

Policy f.6. Work with MST and area
jurisdictions to improve transit links between
residential areas and areas of major city
employment.

Staff continually supports and coordinates
with MST.

Policy f.7. Improve and develop safe,
convenient, and protected transit facilities
that are compatible in design with the
surrounding area.

Staff continually supports and coordinates
with MST.

Program f.7.1. Require developers to
provide transit amenities in accordance with
the MST Development Review Guidebook.

Staff continually supports and coordinates
with MST.

Program f.7.2. Work with MST to provide
and maintain attractive amenities, such as
benches, shelters, lighting, news racks,
decorative trashcans, and bicycle parking at
transit stops.

Staff continually supports and coordinates
with MST.

Program f.7.3. Work with MST to continue to
provide clear and easy-to-understand route
information, maps, and other computerized
transit information systems at transit stops
and on the City’s Web site.

Staff continually supports and coordinates
with MST.

Policy f.8. Continue to provide cost-efficient,
reliable transportation services to individuals
with disabilities for whom the use of fixedroute public transit is difficult.

Staff continually supports and coordinates
with MST.

Program f.8.1. Work with MST to maintain
the RIDES paratransit service.

Staff continually supports and coordinates
with MST.

Program f.8.2. Provide information about the
RIDES program on the City’s Web site and in
appropriate city publications.

Staff continually supports and coordinates
with MST.

Goal g. Provide a transportation system that
supports the local economy.

Staff continually supports this through TDM.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 39, Packet Page 107

EXHIBIT A
30 Policy g.1. Provide pedestrian-friendly
environments in the commercial business
districts to extend the time spent in the
commercial business districts and enhance
the overall shopping experience.

The Specific Plans incorporate strategies for
pedestrian friendly environments.

Policy g.2. Prioritize achieving a high level of
multi-modal LOS in commercial business
districts and do not allow auto-oriented LOS
standards negatively affect the shopping
experience in commercial business districts.

The City updated its regulations to reflect the
requirement for Vehicles Miles Traveled to
address this issue.

Policy g.3. Direct visitor traffic entering the
City on Fremont to routes through Downtown
during off-peak times.

The City achieves this with VMS.

Policy g.3.a Direct traffic leaving Cannery
Row to use David Avenue and Holman
Highway 68 to go to Highway 1.

The City achieves this policy with VMS.

Policy g.4. Improve pedestrian experience in
commercial areas.

The Specific Plans incorporate strategies for
pedestrian friendly environments.

Program g.4.1 Implement attractive
streetscape designs and improve pedestrian
and bicycle connections to the Recreation
Trail.

The Move Monterey Plan encourages
attractive streetscapes and pedestrian/bicycle
connections. Staff implements these
concepts if feasible.

Program g.4.2 Provide visual cues to draw
pedestrians and bicyclists toward commercial
areas along pedestrian and bicycle paths.

The Move Monterey Plan encourages this
concept, and staff implements it if feasible.

Policy g.5. Utilize the local transit system to
serve the commercial business districts,
providing visitors the best opportunity to enjoy
local businesses.

The City continually supports the MST
Trolley.

Policy g.6. Improve the pedestrian
environment along North Fremont Street.

The Specific Plan incorporates strategies for
pedestrian friendly environments.

Program g.6.1 Prepare and implement a
North Fremont Streetscape Study.

Future program
Policy g.7. Improve the connection between
Downtown and the Waterfront through the
Alvarado Mall.

The Move Monterey Plan encourages this
concept.

Program g.7.1. Work with the business
community to provide a visual extension of
Alvarado Street.

The Monterey Conference Center renovation
achieved this program directive.

Program g.7.2. Make Alvarado Mall and
Portola Plaza visually interesting places with
activities that attract tourists and local
residents.

The Monterey Conference Center renovation
achieved this program directive.

Goal h. Make public transportation in the City
of Monterey an attractive alternative for
tourists.

The City encourages this by supporting the
MST Trolley.

Policy h.1. Provide an exceptional local
shuttle, scenic bicycle routes, and attractive
pedestrian paths.

This is achieved with the MST Trolley.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 40, Packet Page 108

EXHIBIT A
31 Program h.1.1. Use unique “niche” vehicles
in the local transit system to differentiate this
program from typical public transit service.

This is achieved with the MST Trolley.

Program h.1.2. Create an attractive
pedestrian environment on Del Monte
Avenue near the downtown parking
structures to encourage visitors to walk to the
downtown and Fisherman’s Wharf.

Wayfinding signage program is proposed to
implement this program.

Program h.1.3. Plan interactive, “smart”
kiosks at the major parking structure exits to
provide real-time shuttle information (i.e.,
schedule, vehicle tracking information,
attractions near stops) using innovative
technology to maximize the user-friendly
benefits of the local transit system.

Wayfinding signage program is proposed to
implement this program.

Program h.1.4. Add public art along popular
tourist routes to enhance the pedestrian
experience, accentuate culture, and maintain
the historic character of Monterey.

The Museum and Cultural Arts Division works
diligently on establishing public art throughout
the community.

Program h.1.5. Provide comfortable seating
with interpretive signs at adequate spacing
along the Recreation Trail and other popular
pedestrian routes.

Completed
Program h.1.6. Expand and enhance the
“Path of History,” including new paths along
Cannery Row and Lower Presidio.

Future project
Policy h.2. Adopt a taxi operations plan to
ensure fair pricing, qualified drivers, clean
and efficient service, especially to tourist
destinations, hotels and the airport.

The Police Department implements the City’s
taxi ordinance.

Goal i. Support the movement of people,
goods, and services by other transportation
facilities, such as air, rail, and water.

The City continually supports the Monterey
Airport and TAMC’s rail transportation efforts.

Policy i.1. Work with the Airport District and
the hospitality industry to provide a direct and
affordable transit service between the
Monterey Peninsula Airport and the local
shuttle service area to reduce congestion.

Staff continually supports this policy.

Policy i.2. Protect the potential for future rail
transportation by supporting the efforts of the
Transportation Agency for Monterey County
(TAMC) to provide additional passenger rail
service to the urban centers.

Staff continually supports TAMC in these
efforts.

Program i.2.1. Plan to expand the local shuttle
service area to nearby proposed rail stations.

Staff will support this when the opportunity
comes.

Program i.2.2. Require grade separation
crossings at all locations where rail service
crosses a Class I bike route or the Recreation
Trail.

Staff will support this when the opportunity
comes.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 41, Packet Page 109

EXHIBIT A
32 Program i.2.3. Require grade separation
crossings at all locations where rail service intersects with a major or minor arterial street.

Staff will support this when the opportunity
comes.

Policy i.4. Provide safe crossings for bicycle
and pedestrian trail and vehicle crossings
along the rail line.

Staff will support this when the opportunity
comes.

Program i.4.1. Restrict at-grade railroad
crossings of proposed rail service within the
City.

Staff will support this when the opportunity
comes.

Policy i.5. Maintain the ability to restore rail
service to the Monterey Peninsula.

Staff supports this effort.

Program i.5.1. Consider the compatibility of
proposed land use developments with the
establishment of future rail service into the
City of Monterey.

The City’s land use plans consider
compatibility.

Policy i.6. Balance the community’s need for
air transportation service with community
safety and environmental needs.

Staff continually supports this effort.

Policy i.7. Direct vehicular traffic generated
by airport land uses to arterial streets and
highways and away from residential
neighborhoods.

The citywide wayfinding program supports
this policy.

Program i.7.1. Work with the Airport District
to implement alternatives to the use of Airport
Road as an access road for non-aviation
uses on the Airport grounds.

Staff continually pursues this effort.

Policy i.8. Provide affordable shuttle service
to the Monterey Peninsula Airport.

Staff encourages this effort through TDM.

Policy i.9. Prohibit land-use activities that
interfere with the safe operation of aircraft
using the airport.

Staff screens proposals to ensure they
comply with the Monterey Airport Land Use
Compatibility Plan.

Policy i.10. Support improvements and
operational changes at the airport that
promote safety and noise reduction.

Staff continually pursues discussions to
reduce airport impacts on the City.

Program i.10.1. Actively work with the Airport
District to maintain air service curfews.

Staff continually pursues discussions to
reduce airport impacts on the City.

Policy i.11. Plan for a multimodal facility in
central Monterey that supports and
encourages the use of airport shuttles,
regional transit, and local transit.

Staff continually supports this through TDM.

Goal j. Measure the effectiveness of the
transportation system and its ability to safely
and effectively move people and goods, not
simply vehicles.

Staff continually supports this through the
Move Monterey Plan .

Policy j.1. Establish multi-modal LOS
standards and automobile LOS standard for
defined neighborhoods that work together to
measure the effectiveness of the
transportation system, and establish a
mechanism for funding the implementation of
CEQA review threshold has changed to
Vehicle Miles Traveled. In 2021, the City
Council adopted vehicle miles traveled as the
metric for conducting transportation impact
analyses.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 42, Packet Page 110

EXHIBIT A
33 the transportation system that fulfills the
vision of the Circulation Element.

Program j.1.1. Adopt and update every five
years, a MMMP that will:
 define LOS standards for each
neighborhood;
 provide a muiti-modal network that
connects identified origins and
destinations, provides safe links
between transportation modes, and
locates end of use facilities at popular
destinations;
 define multi-modal corridors;
 define quantifiable objectives;
 monitor and measure policy impacts
and results, and
 develop response strategies should
the City begin moving in a direction
away from the General Plan goals.

CEQA review threshold has changed to
Vehicle Miles Traveled.

Program j.1.2. Establish LOS D as an
acceptable automobile LOS standard for
roadway segments that are not within a multimodal corridor.

CEQA review threshold has changed to
Vehicle Miles Traveled. Proposals are
screened for compliance.

Program j.1.3. Establish LOS E and LOS F
as an acceptable automobile LOS on
roadway segments within a completed multimodal corridor as defined in the MMMP.

CEQA review threshold has changed to
Vehicle Miles Traveled. Proposals are
screened for compliance.

Policy j.2. Require an analysis of the effects
on the transportation network for projects that
may cause significant traffic impacts, as
defined by the established multi-modal LOS
and automobile LOS and identify appropriate
mitigation measures.

CEQA review threshold has changed to
Vehicle Miles Traveled. Traffic impact
analyses are required if applicable.

Program j.2.1. Define the traffic impact study
area to be analyzed as all roadway segments
where project traffic is expected to increase
the existing traffic by two percent (2%) or
more.

Proposals are screened for compliance.

Program j.2.2. Define a project’s traffic
impact as significant if the project is expected
to reduce a roadway segment to an
unacceptable level or further degrade an
already unacceptable LOS under cumulative
traffic conditions during typical (i.e., nonsummer) weekday traffic conditions.

CEQA review threshold has changed to
Vehicle Miles Traveled. Proposals are
screened for compliance.

Program j.2.3. Require projects to build or
fund a pro-rata share toward improvements
necessary to mitigate significant traffic
impacts, as defined by the MMMP or the
General Plan EIR.

CEQA review threshold has changed to
Vehicle Miles Traveled. Mitigation measures
are required if traffic impacts are significant.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 43, Packet Page 111

EXHIBIT A
34 Program j.2.4. Adopt a traffic impact fee
ordinance used to define the pro-rata share
of a development’s impact on the
transportation system. The traffic impact fee
will be used towards roadway improvements
identified in the General Plan EIR, bicycle
infrastructure and pedestrian infrastructure
improvements as defined in the MMMP, and
transit improvements.

Efforts were made to adopt a traffic impact
fee, but it did not receive support.

Policy j.3. Monitor accident rates and trends
to identify locations for possible
transportation safety improvements.

Housing Element
Goal/Policy/Program Progress
Goal a. Promote construction of new
ownership housing units and conservation of
existing ownership housing units to maintain
and/or improve the existing balance between
owner and rental units in Monterey.

Background information
Policy a.1. Encourage the production of new
ownership housing units.

Background information
Program a.1.1. The City will continue to
update its list of larger developable sites and
contact property owners to determine
opportunities for housing construction. There
will be an emphasis on constructing housing
types that provide mixed-income and large
family ownership opportunities.

Completed
Program a.1.2. Maintain existing singlefamily zoning throughout the City. Rezoning of single-family land to other uses should not
occur without findings that the proposed use
is more beneficial to the City than retaining
single-family ownership opportunities.

Completed
No single-family properties have been
rezoned.

Program a.1.3. Continue to create and adopt
development standards for mixed use areas
that have development potential for new
housing units.

Completed
Program a.1.4. Continue to work with the
major employers in Monterey and the region
to provide targeted homeownership
opportunities for employees (see Programs
h.1.1 and h.1.2).

Progress continues.

Middlebury Institute constructed a new
housing project for students at 787 Munras
Avenue in 2021. The dormitory houses 85
students and 2 resident assistants.

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EXHIBIT A
35 Program a.1.5. Monitor and evaluate the use
permit process for new multi-family projects
in the R-3 and Commercial districts to
determine whether the process qualifies as a
constraint to residential development.

Identify strategies to be implemented by the
City to remove any constraint identified by the
evaluation. Provide a summary of the
evaluation (and strategies, if identified) to
HCD as a part of the City’s annual reporting
requirement.

Progress continues.

Lack of water supply continues to be
significant constraint to development. Staff
has contacted the Monterey Peninsula Water
District and State Water Resources Control
Board about relaxing Condition #2 of the
Cease and Desist Order. Little progress has
been made.

Policy a.2. Encourage the conservation of
existing homeownership opportunities,
including moderate-income units.

Background information
Program a.2.1. The City will continue
allowing additional floor area for single-family
homes and eliminate additional parking
requirements with building upgrades for
historic properties.

Completed. Zoning allows flexibility.

Program a.2.2. Begin process for
determining whether City can reduce the
minimum lot size for single-family
subdivisions on existing R-3 lots to increase
the stock of affordable housing, while
retaining the existing house where one is
present and retaining neighborhood
character. The program may use
condominium, townhouse, or detached form
of housing units and shall utilize design and
construction methods to maximize privacy
and minimize sound transmission.

Future program
New ADU laws became effective to allow
additional units. The Monterey City Code was
amended in 2022 to incorporate the new
State ADU laws.

In 2022, two new Down Payment Assistance
loans, one totaling $36,750 and the second
totaling $35,560.09, were given to qualified
buyers through the City's Purchase and
Resale Program.

Program a.2.3. Evaluate the Down Payment
Assistance Program to determine if it will be
practical to assign the City’s purchase option
to qualified buyers. Investigate opportunities
to increase Down Payment Assistance loans
for equity sharing for detached single-family
houses.

In 2022, two new Down Payment Assistance
loans, one totaling $36,750 and the second
totaling $35,560.09, were given to qualified
buyers through the City's Purchase and
Resale Program.

Goal b. Broaden the choice of rental housing
types available to residents of Monterey in all
price ranges and for all family sizes, while
maintaining neighborhood compatibility and,
where possible, using second units to
encourage owner opportunities.

Background information
Policy b.1. Provide the opportunity to
construct new multi-family housing units in
pockets of opportunity.

Background information
Program b.1.1. Maintain multi-family
densities at 30 units per acre in the R-3 zone,
specific plan areas, and in commercial zones
Completed

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 45, Packet Page 113

EXHIBIT A
36 with the potential for density bonuses as
outlined in Program i.1.2.

Densities have been increased in some
specific plan areas to 100 du/acre or no limit
on an individual site if overall density for an
area is not achieved.

Program b.1.2. Assist the Housing Authority,
nonprofit agencies, and private developers in
providing extremely low-, low-, and very lowincome housing as opportunities become available, using the current Housing Element
as a basis for action.

The City will continue to provide assistance
by streamlining the permit process. A staff
member is assigned to coordinate City
reviews. The City will also coordinate with the
developer to help make the project financially
feasible, such as by providing low-interest
loans and other incentives when affordable
housing goals are met.

Progress continues.

In 2022, the City Council authorized the City
Manager to execute a loan with MidPen
Housing to secure a loan and guarantee a
loan obligation for an affordable housing
project at 587 and 593 Van Buren Street and
424 and 450 Madison Street.

Program b.1.3. Evaluate the existing
allocation of Housing Choice Vouchers and
encourage and support the Housing Authority
and private market landlords to expand
utilization of the Housing Choice Voucher
program.
 Encourage the Housing Authority
to grant 20 percent rent
exceptions for the Monterey area
to provide a greater housing
choice for very low-income
renters.
 Encourage the Housing Authority
to market the Housing Choice
Voucher programs to Monterey
landlords and post applications on
the City’s website.
 Encourage the Housing Authority
to recruit more Monterey families
assisted by Housing Choice
Voucher into the Family SelfSufficiency Program.

Future program
Program b.1.4. The City will encourage
affordable rents by providing brochures that
outline the City’s Voluntary Rental
Guidelines, but discourage citywide rent
control.

Completed
New rental guidelines approved.

Program b.1.5. Continue to require a
minimum 5,000-square-foot lot size for new
apartment developments.

Completed
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 46, Packet Page 114

EXHIBIT A
37 Goal c. Provide family housing opportunities
on larger sites and for all income levels.

Background information
Policy c.1. Encourage units suitable for
family occupancy.

Background information
Program c.1.1. Encourage larger units with
two or more bedrooms and open spaces with
sufficient area for children’s play in R-3
developments. The City will conduct a
comprehensive review and revision of the
current parking requirement to determine the
feasibility of requiring at least one-third of any
housing development over three units to
provide two or more bedrooms. All housing
projects will continue to be required to
provide open space to give residents an
opportunity for outside activities.

Future program
Program c.1.2. Encourage the Housing
Authority and for-profit and nonprofit
developers to build affordable housing for
families with children whenever possible. The
City will discuss family housing needs with
potential developers and the financial and
processing incentives that are available.

Progress continues. In 2021, staff met with
multiple developers to discuss this
opportunity in a recently rezoned area along
Garden Road. Garden Road was previously
only available for light industrial and office
development. The City Council adopted
zoning changes to allow multi-family
residential. Many of these developers seem
interested in larger residential units due to
water limitations. Since 2020, the City has
approved entitlements for 180 housing units.

These housing units were either retrofits of
existing buildings or new construction. Of the
180 housing units, 89 were entitled in 2022.

Goal d. Encourage maintenance and
rehabilitation of the entire housing stock. The
City will continue to advertise rehabilitation
programs on the City’s website and provide
brochures at the City library and housing
office.

Background information
Policy d.1. Provide rehabilitation assistance
to low-income households and encourage
privately funded rehabilitation wherever
deterioration is present.

Background information
Program d.1.1 Provide emergency major
repair assistance to low and moderate
income households.

The City assisted two households in 2022.

Program d.1.2. Provide rehabilitation
assistance in the form of:
 Major rehabilitation loans;
 Emergency repair loans; and
 Home safety repair grants.

The City assisted four households in 2022.

Program d.1.3. Continue the “Mr. Fixit”
program to provide emergency repair
The City assisted four households in 2022.

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EXHIBIT A
38 assistance, weatherization and energy
retrofits to an average of 10 units per year.

Policy d.2. Conserve existing low- and
moderate-cost housing units.

Background information
Program d.2.1. Investigate the option of
purchasing inclusionary housing units or
other units to replace them. Investigate
programs, nonprofit sponsors, and funding
sources to retain lower-income housing units
at risk of conversion to market-rate rents.

Ongoing
The City operates an effective Purchase and
Resale Program.

Program d.2.2. Maintain the affordability of
low- and moderate- income rental units under
the Inclusionary Housing Program through
the use of deed restrictions and continue to
implement the Purchase and Resale Program
for owner-occupied inclusionary units.

Ongoing.

The City's Ordinance requires new
inclusionary housing units to be preserved in
perpetuity with a recorded deed restriction.

The City purchased and resold four units in
2022 through the Purchase and Resale
Program.

Program d.2.3. Continue to monitor at-risk
units and gauge interest in renewal through
individual contacts and surveys. Meet with
property owners to strategize what package
of incentives would retain the affordable
units.

The City operates an effective Purchase and
Resale Program. In 2022, the City
purchased four units as part of the Purchase
and Resale program.

Program d.2.4. The City will continue to
explore with local non-profits and other
affordable housing developers strategies and
financing alternatives that can be employed
to produce new affordable extremely low, low
and very low-income housing in the
community.

City issued an RFP for 100% affordable
housing developments on City-owned sites.

In 2022, the City authorized an Exclusive
Negotiating Agreement with MidPen Housing
for development of affordable housing at 587
and 593 Van Buren Street, and 424 and 450
Madison Street. The City also received a
Permanent Local Housing Allocation grant
award in Permanent Local Housing Allocation
Funds for the affordable housing project at
Van Buren and Madison Streets. These funds
will be used for predevelopment costs related
to affordable housing (low income housing) at
this site.

Staff continues to work with the developers of
the 180 approved housing units on Garden
Road.

Program d.2.5. Prioritize funding or acquire
funding to assist nonprofits to purchase units
that may be lost from the Inclusionary
Program or to acquire replacement units.

Ongoing. The City operates an effective
Purchase and Resale Program. The City
purchased and resold four units in 2022
through the Purchase and Resale program.

Program d.2.6. Analyze the feasibility of
utilizing a City-sponsored rental rehabilitation
program to encourage at-risk units to be
retained.

Future program
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 48, Packet Page 116

EXHIBIT A
39 Program d.2.7. Implement a program to
reduce, waive, or subsidize local fees
associated with preservation or replacement
of at-risk units.

Completed
No fees
Goal e. Provide for fair and equal housing
opportunities for all persons, regardless of
age, sex, family size, race, creed, color, or
national origin.

Background information
Policy e.1. Assure that all persons in
Monterey receive equal housing
opportunities. Promote equal housing
opportunities by making this information
available at the City library, Housing
Department office, and social service
providers. Also, provide this information on
the City’s website.

Background information
Program e.1.1. Cooperate in countywide fair
housing activities and federal government
programs that emphasize educational and
counseling activities.

Completed
The City worked cooperatively with Monterey
County on an Analysis of Impediments to Fair
Housing Choice (Regional AI) study.

ECHO provides fair housing services to the
City of Monterey and other jurisdictions in
Monterey County.

Program e.1.2. Provide contract fair housing
mediation for all fair housing complaints and
questions. Advertise fair housing mediation
services. Notify social service agencies of
programs. Advertise programs consistent
with the City’s Housing Consolidated Plan.

Ongoing
City contracts with ECHO fair housing
services.

Program e.1.3. Distribute available housing
subsidies to sites throughout the City to avoid
concentrations of subsidized housing.

Inclusionary housing units should be built on
the site of market-rate housing. Inclusionary
housing should be compatible with the
surrounding neighborhood.

Ongoing
City rehabilitation funds are distributed
citywide based on applications received.

Inclusionary housing program is citywide
requirement for developments exceeding 5
units. A concentration of subsidized housing
is not being created.

Program e.1.4. Continue to provide online
applications for the City’s Purchase and
Resale program waiting list to market
affordable housing units on the City’s
website.

Completed
Program e.1.5. Continue to provide service
referrals to rental assistance, ownership
assistance, homeless assistance, and
general community services.

The City referred households to United Way
who administered the regional rental
assistance program in 2022.

Program e.1.6. Continue to distribute
Housing Choice Voucher applications at the
City’s Housing Division and have staff
available to help applicants with the process.

Completed
Applications available
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 49, Packet Page 117

EXHIBIT A
40 Goal f. Remain sensitive to the needs of the
elderly, single-parent-headed households,
the disabled and large families, and develop
positive programs to assist the homeless.

Background information
Policy f.1. Encourage construction of
housing units that provide for special needs.

Background information
Program f.1.1. Provide for needs of special
housing needs groups by complying with
ADA regulations in reviewing private
development projects and in City-assisted
housing projects.

Ongoing
Program f.1.2. Market low- and moderateincome housing programs through the use of direct advertising including, but not limited to,
the City’s website, referrals, brochures,
newspapers, and other media.

Ongoing
Program f.1.3. Encourage the schools,
students, and senior citizen groups to pursue
roommate matching service to take
advantage of underutilized homes in
Monterey.

Future program
Program f.1.4. Develop a program of
emergency grants or loans to assist lowincome households that are threatened with eviction. Provide funds on a one-time basis to
assist households that could remain in their
rental housing units if back rent is paid.

The City referred households to United Way
who administered the regional rental
assistance program in 2022.

Program f.1.5. Continue to provide City
assistance to nonprofit providers of services
and temporary housing to Monterey
homeless.

Completed
Public service grants provided annually
through a competitive process.

Program f.1.6. Amend the City’s Zoning
Code to provide individuals with
developmental disabilities reasonable
accommodation in rules, policies, practices,
and procedures that may be necessary to
ensure equal access to housing. The purpose
of this is to provide a process for individuals
with disabilities to make requests for
reasonable accommodation in regard to relief
from the various land use, zoning, or building
laws of the City. As part of this program, the
City will appoint a staff person to work with
disabled persons who are proposing
improvements to accommodate their needs.

The purpose is to streamline the permit
review process if needed.

Completed
Program f.1.7: Work with the San Andreas
Regional Center in Salinas to implement an
outreach program that informs families within
Completed
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 50, Packet Page 118

EXHIBIT A
41 the City on housing and services available for
persons with developmental disabilities. Such
collaboration should include development of
an informational brochure and information on
services on the City’s website, and providing
housing-related training for
individuals/families through workshops.

Program f.1.8: Develop a program to provide
rental assistance to fill the gap between
income levels and the cost of housing for
persons with Developmental Disabilities. The
program will include the following steps: Step
One: Work with the regional center to identify
the housing needs of the clients and assist in
identifying available housing that meets those
criteria. Step Two: Identify the gaps that limit
access to housing for persons with
developmental disabilities (i.e. financial,
accessibility). Step Three: Develop
Guidelines and market program
The City referred households to United Way
who administered the regional rental
assistance program in 2022.

Program f.1.9: Explore models to encourage
the creation of housing for persons with
developmental disabilities and implement a
program by 2017. Such models could include
assisting in housing development through the
use of set-asides, scattered site acquisition,
new construction, and pooled trusts;
providing housing services that educate,
advocate, inform, and assist people to locate
and maintain housing; and models to assist in
the maintenance and repair of housing for
persons with developmental disabilities. The
City shall also seek State and Federal
monies for direct support of housing
construction and rehabilitation specifically
targeted for housing for persons with
disabilities.

Progress continues. The City issued an RFP
for 100% affordable housing developments
on City-owned sites. Multiple proposals were
received. In 2022, the City authorized an
Exclusive Negotiating Agreement with
MidPen Housing for development of
affordable housing at 587 and 593 Van Buren
Street, and 424 and 450 Madison Street. The
City also received a Permanent Local
Housing Allocation grant award in Permanent
Local Housing Allocation Funds for the
affordable housing project at Van Buren and
Madison Streets. These funds will be used for
predevelopment costs related to affordable
housing (low income housing) at this site.

Program f.1.10. Pursuant to Senate Bill 2,
the City will amend the Zoning Ordinance to
allow emergency shelters as a permitted use
in a newly created overlay zone along Del
Monte Avenue east of the Naval
Postgraduate School, which has vacant and
underutilized parcels and is close to transit
corridors and close to services. The City will
create this overlay zone with specific
development standards for emergency
shelters. In addition, the City will evaluate
adopting development and managerial
standards that will be consistent with
Completed
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 51, Packet Page 119

EXHIBIT A
42 Government Code Section 65583(a)(4).

These standards may include such items as:
 Lighting;
 On-site management;
 Maximum number of beds or
persons to be served nightly by
the facility;
 Off-street parking based on
demonstrated need; and
 Security during hours that the
emergency shelter is in operation.

Program f.1.11. Pursuant to Senate Bill 2,
the City must explicitly allow both supportive
and transitional housing types in all zones
that allow residential uses and treated the
same as any other housing type in the same
zone. The City shall update its Zoning
Ordinance to include separate definitions of
transitional and supportive housing as
defined in Health and Safety Code Sections
50675.2 and 50675.14. Both transitional and
supportive housing types will be allowed as a
permitted use in all zones where residential
uses are allowed, subject to only the same
restrictions on residential uses contained in
the same type of structure.

Partially completed. Additional amendments
required for residential districts.

Program f.1.12. To support the development
of housing affordable to extremely lowincome households, the City shall apply for state and federal funding and grant priority to
projects that include units affordable to
extremely low- income households, such as
SROs.

Ongoing
Van Buren Senior Housing Project and
Monterey Hotel Apartments have been
completed and are occupied.

Program f.1.13. The City will support
regional efforts to ensure that the need for
farmworker housing is met at a regional level.

The City will also analyze zoning ordinance
on a regular basis for compliance with and
Safety Code Sections 17021.5 and 17021.6.

Section 17021.5. If any inconsistencies are
found, amendments to achieve compliances
shall be made within six months.

Completed
Program f.1.14. The City will support
regional efforts and pursue the following to
create adequate supportive housing for the
community:
 Collaborate with Coalition of Homeless
Service Providers and Monterey
Homeless Exchange to develop a target
Future program
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 52, Packet Page 120

EXHIBIT A
43 for the number of Permanent Supportive
Housing Units to be developed in the
City. This will be a combination of some
percentage of the current homeless
population plus other populations in need
of supportive housing.
 Pursue Tenant Based Rental Assistance
funding from HOME Program to support
the operations of permanent supportive
housing communities.
 Work with the medical community,
including CHOMP, the County, the
Central California Alliance for Health and
other providers to support case
management and other tenancy support
funding in new supportive housing
communities. Studies have shown that
stable housing results in better health
outcomes and that less than 10% of the
population uses a disproportionate
amount of health care resources (“Super
Utilizers”). By providing those Super
Utilizers who are unstably house (or
homeless) with stable housing, hospitals
and providers can save money overall.
 Encourage and facilitate integration of
data between homeless service
providers, medical service providers and
the criminal justice system to implement
more effective discharge planning for
patients and inmates.
 Provide capacity grants and support for
fledgling organizations
Goal g. Provide adequate sites to build new
housing units for all income levels and to
meet the City’s fair share of housing needs
for 2015-2023.

Completed
Policy g.1. Meet the Association of Monterey
Bay Area Governments (AMBAG) Fair Share
of regional housing needs for 2015-2023.

Ongoing. This policy will not be fulfilled due
to lack of water supply.

Program g.1.1. Retain the zoning capacity to
meet the AMBAG fair share housing goal
between January 1, 2015, and July 30, 2023.

Retain the opportunity to construct the
remaining fair-share requirement of 157 very
low-, 102 low-, 119 moderate-, and 272
above moderate-income housing units with
excess zoning capacity for housing in mixeduse areas, apartments in commercial zones, and apartments in R-3 zones.

Completed
Zoning retained.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 53, Packet Page 121

EXHIBIT A
44 Program g.1.2. Encourage exceptional
design and innovative solutions for housing
style, through the implementation of the
Downtown and North Fremont specific plans.

The City will soon adopt a specific plan for
the Lighthouse area, another mixeduse/transit- oriented development neighborhood.

Ongoing implementation.

All specific plans have been adopted,
including Lighthouse Avenue.

Program g.1.3. The City will actively support
the redevelopment of underutilized mixed-use
sites to meet the City’s RHNA allocation and
to provide additional affordable housing
opportunities throughout the City near transit
stops, jobs, and services. The City will assist
in the development of these underutilized
sites by offering the following assistance:
 The City will post a listing of underutilized
sites on the City’s website and provide
this list of sites to developers interested in
developing mixed-use projects in the City.
 The City will, where appropriate and when
funds are available, assist with the
development of affordable housing
projects on these underutilized sites.
 The City will also provide technical
assistance with applying for additional
funding to construct an affordable mixeduse project on an underutilized site.  The City will provide flexibility in
development standards on the
construction of an affordable housing
project on an underutilized site including
but not limited to reduced setback
requirements and reduced parking
requirements on a case-by-case basis.

Ongoing.

Underutilized site list provided on City
website.

The City entered into a developer agreement
with MidPen Housing to provide 100%
affordable family rental housing at a Cityowned property at the corner of Van Buren and Madison Streets.

City consistently provides technical
assistance to developers.

Zoning flexibility provided with updated
Density Bonus Ordinance.

Goal h. Provide housing that specifically
meets the needs of the Monterey workforce.

Background information
Policy h.1. Design a program with Monterey
employers to pool resources to develop
workforce housing.

Future program
Program h.1.1. Encourage workforce
housing programs for major Monterey
employers, utilizing land and other resources
available to those employers that could be
devoted to workforce housing. Develop a
program where land costs are removed or
reduced as a cost of housing. Provide both
owner and renter housing with a requirement
for permanent cost reductions.

The City issued an RFP for 100% affordable
housing developments on City-owned sites.

Multiple proposals were received. In 2022,
the City authorized an Exclusive Negotiating
Agreement with MidPen Housing for
development of affordable housing at 587
and 593 Van Buren Street, and 424 and 450
Madison Street. The City also received a
Permanent Local Housing Allocation grant
award in Permanent Local Housing Allocation
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 54, Packet Page 122

EXHIBIT A
45 Funds for the affordable housing project at
Van Buren and Madison Streets. These funds
will be used for predevelopment costs related
to affordable housing (low income housing) at
this site.

Program h.1.2. Encourage workforce
housing programs by the City of Monterey for
Monterey City employees.

Future program
Program h.1.3. Utilize zoning tools such as
Planned Unit Developments and Planned
Community Zoning to provide flexibility in
designing infill housing on larger
development sites.

Ongoing implementation. Zoning Code
allows this flexibility.

Goal i. Provide incentives for affordable
housing, workforce housing, and ownership
housing to meet the unique needs identified
in the Housing Element. Provide incentives to
complement the inclusionary housing
program, with a particular goal of maintaining
inclusionary housing in perpetuity and
increasing the percentage of affordable units.

Parking adjustment incentives should not
impact residential neighborhoods.

City amended the Density Bonus Ordinance
to provide additional incentives.

Policy i.1. Provide incentives to meet the
City’s unique housing needs in excess of the
requirements in the inclusionary housing
ordinance.

City amended the Density Bonus Ordinance
to provide additional incentives.

Program i.1.1. Continue to encourage
mixed-use/transit-oriented projects in the
specific plan areas that include affordable
units by offering height and parking
exceptions to affordable housing projects.

City amended the Density Bonus Ordinance
to provide additional incentives.

Program i.1.2. Continue to allow density
bonuses, as appropriate. Amend the zoning
ordinance to state that:
 Density bonuses of up to 35 percent may
be allowed for projects that exceed City
inclusionary housing percentages or the
state-mandated criteria for low-income,
moderate-income, and special-needs
housing; and
 Projects that receive density bonuses
shall maintain affordability for the life of
the project.

Completed
Program i.1.3. If new water is available for
future allocation, the City shall give
preference to projects meeting fair-share
housing goals.

Completed
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 55, Packet Page 123

EXHIBIT A
46 Program i.1.4. Develop alternatives for longterm water supply both within and outside the framework of the Water Management District
and the California American Water Company.

City has actively participated in a regional
water supply project. Water supply has yet to
be secured.

Program i.1.5. The City is committed to
ensuring that there is enough water to meet
the needs of all new residential units within
the 2015-2023 RHNA period. California
American Water (CalAm) is moving forward
with its Monterey Peninsula Water Supply
Project (MPWSP) consisting of slant intake
wells, a desalination plant and related
facilities.

City has actively participated in a regional
water supply project. Water supply has yet to
be secured.

Program i.1.6. The City will continue to
explore alternatives other than density bonus
allowed in state law (Section 65915) to meet
affordable housing goals.

Progress continues.

City rezoned industrial properties to allow
multi-family housing development.

Program i.1.7. The City will deliver the
adopted housing element update to water
and sewer service providers within a month
after adoption. When submitting copies of
housing elements to service providers the
City will include a summary / quantification of
the local government’s regional housing need
allocation and any other appropriate housing
information.

Completed
Policy i.2. Continue the City’s Inclusionary
Housing program to provide affordable
housing throughout Monterey.

Progress continues.

Program i.2.1. Continue to provide a
minimum of 20 percent permanently
affordable low- and moderate-income units
for any project with six or more new housing
units or for condominium conversion. The
City will also explore means and methods to
provide incentives to include inclusionary
units in new apartment construction.

Residential projects are encouraged to satisfy
the requirement by providing a minimum of
20 percent inclusionary housing units on-site.

Progress continues.

City ordinance requires inclusionary housing
and City continues to implement.

Program i.2.2. Investigate a community
housing trust to meet the need for workforce
housing and other housing needs.

Future program
Goal j. The City will continue to promote
sustainability and energy efficiency in
residential development to lower energy use
through energy-efficient urban design and
through better design and construction in
individual projects.

Background information
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 56, Packet Page 124

EXHIBIT A
47 Policy j.1. Implement state energy and green
building and conservation standards
Implemented consistently as part of building
permits.

Program j.1.1. Encourage Transit Priority
Projects, site designs, and use of building
materials that promote energy efficiency.

Progress continues.

All Specific Plans encourage transit priority
projects.

Transit oriented projects are being proposed.

Conservation Element
Goal/Policy/Program Progress
Goal b.1. Protect creeks, lakes, wetlands,
beaches, and Monterey Bay from pollutants
discharged to the storm drain system.

Background Information – Proposals
reviewed for consistency as proposed.

City ordinances contain extensive
protections to maintain water quality. All
projects are reviewed for consistency.

Policy b.1. Continue public education and
outreach programs to eliminate use of storm
drains for dumping hazardous or inappropriate
wastes, such as used motor oil.

City works collaboratively with Monterey
One Water on regional public outreach
campaigns.

Policy b.2. Minimize particulate matter
pollution with erosion and sediment control in
waterways and on construction sites and with
regular street sweeping on City streets.

Background Information – Proposals
reviewed for consistency as proposed.

City ordinances contain extensive
protections to maintain water quality. All
projects are reviewed for consistency.

Policy b.3. Minimize development or removal
of vegetation on areas particularly susceptible
to erosion, such as steep slopes, and require
programs to minimize erosion when
development occurs in these areas.

Background Information – Proposals
reviewed for consistency as proposed.

City ordinances contain extensive
protections to maintain water quality and
minimize erosion. All projects are reviewed
for consistency.

Policy b.4. Retain and restore wetlands,
riparian areas, and other habitats, which
provide remediation for degraded water
quality.

Background Information – Proposals
reviewed for consistency as proposed.

City ordinances contain extensive
protections to maintain water quality. All
projects are reviewed for consistency.

Goal c. Reduce fixed source and
transportation-based air pollution.

Background Information – Proposals
reviewed for consistency as proposed.

Policy c.1. Reduce air pollution generated by
motor vehicles by encouraging the use of
public transit, car-pooling, bicycles, and
walking as alternatives. Policies to achieve
these goals are found in the Circulation
Element.

Background Information – Proposals
reviewed for consistency as proposed.

City adopted Move Monterey Plan, writes
grants, and implements as funding available.

Policy c.2. Consider air quality impacts
resulting from proximity of residential,
commercial and industrial development in the
Background Information – Proposals
reviewed for consistency as proposed.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 57, Packet Page 125

EXHIBIT A
48 City's development review process, primarily
the California Environmental Quality Act.

Policy c.3. Promote cooperation with local
and State agencies to develop programs to
reduce sources of air pollution.

Background Information – Proposals
reviewed for consistency as proposed.

City worked with multiple cities to create
Central Coast Community Energy that
sources the region’s energy supply from
renewable sources. This program
dramatically reduces air pollution.

Goal d. Protect the character and composition
of existing native vegetative communities.

Conserve, manage, and restore habitats for
endangered species, and protect biological
diversity represented by special-status plant
and wildlife species.

Background Information – Proposals
reviewed for consistency as proposed.

Policy d.1. Protect existing native plants and
promote the use of locally occurring, native
vegetation for public and private landscaping
and revegetation efforts.

Background Information – Proposals
reviewed for consistency as proposed.

Program d.1.1. Develop a public education
program promoting the use of native plants
and addressing major plant diseases. The
materials shall include a list of recommended
species for planting and the California Exotic
Pest Plant list, and shall address prevention
and management strategies for vegetation
pathogens such as pitch canker and sudden
oak disease.

Background Information – Proposals
reviewed for consistency as proposed.

The City maintains a list of native plants and
plant diseases.

Policy d.2. Discourage the use of plant
species on the California Exotic Pest Plant
Council lists.

Background Information – Proposals
reviewed for consistency as proposed.

The City maintains a list of native plants and
plant diseases.

Program d.2.1. Discourage the use of
invasive plant species (those listed on Exotic
Pest Plant List A and B within publicly owned
and within moderate- and high-value habitats
(see map); and those listed on List A in any
location) by public and private entities in
landscape planting plans submitted for review.

Proposals reviewed for consistency as
proposed.

Policy d.3. Protect existing sensitive habitats
by careful planning to avoid and/or mitigate
significant impacts to habitat areas identified
as having high and moderate biological
values.

Background Information – Proposals
reviewed for consistency as proposed.

Policy d.4. Protect and manage habitats that
support special-status species, are of high
biological diversity, or are unusual or
regionally restricted. Prepare biotic reports or
Background Information – Proposals
reviewed for consistency as proposed.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 58, Packet Page 126

EXHIBIT A
49 habitat management plans as needed to
ensure protection of habitat values.

Policy d.5. Reduce biotic impacts to a lessthan-significant level on project sites by ensuring that mitigation measures identified in
biotic reports are incorporated as conditions of
approval for development projects.

Compliance with the City Tree Ordinance is
the mechanism that will be used to address
impacts of tree removals. As mitigation for
significant impacts, avoidance, replacement,
restoration of habitats on- or off-site, or other
measures may be required.

Background Information – Proposals
reviewed for consistency as proposed.

The City Tree Ordinance is utilized
frequently as a mechanism to address tree
removals.

Policy d.6. Within identified habitat areas with
high biological value, the City will provide for a
focused evaluation of areas identified as
appropriate habitat for special-status species
during the project review and approval
process.

Background Information – Proposals
reviewed for consistency as proposed.

Program d.6.1. Prepare a Monterey Pine
Management Plan for the Monterey pine forest
existing in the City. The goal of this plan is to
prevent further genetic contamination and
preserve the health and viability of the forest.

Future project
Program d.6.2. Prepare a Dune and Beach
Restoration and Management Plan. This plan
will provide a long-term strategy to retain or
improve the condition of this resource within
the dunes and beaches.

Future project
Program d.6.3. Prepare a Riparian and
Stream Corridor Restoration and Management
Plan. The plan should coordinate efforts
between the various government agencies
and property owners.

Future project
Program d.6.4. Consider developing a habitat
impact mitigation fee to restore high-value
biological areas.

The City’s Tree Ordinance includes a
mitigation fee option.

Program d.6.5. Provide information to the
public about special-status species and the
habitats that support them.

Future project
Program d.6.6. Proceed with Master Plan for
Ed Ricketts Underwater Park.

Future project
Goal e. Encourage the effective and efficient
use of energy in all its critical forms by public
and private users alike.

The City of Monterey joined Central Coast
Community Energy that sources all electrical
use from sustainable sources.

In 2022, this program continues to fulfill the
City’s goal to reduce greenhouse gas
emissions and increase opportunities for
energy saving programs. AMBAG recently
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 59, Packet Page 127

EXHIBIT A
50 updated the greenhouse gas audit and the
City has met its goals to date.

Policy e.1. Encourage energy sources, which
provide part or all of the energy needed for
buildings.

The City of Monterey joined Central Coast
Community Energy that sources all electrical
use from sustainable sources.

The City installed solar on the City
Conference Center.

Program e.1.1. Consider aesthetically
compatible independent energy sources in
new public and private buildings.

The City does not review the design of solar
systems in compliance with State Law.

Program e.1.2. Encourage energy retrofitting
in existing residential and commercial
structures.

PG&E periodically offers retrofit programs.

The City supports this effort.

Policy e.2. Educate the public about energy
conservation.

The City of Monterey joined Central Coast
Community Energy that sources all electrical
use from sustainable sources.

Central Coast Community Energy has
developed extensive education programs.

Program e.2.1. Support public education
activities that dramatize cost-saving benefits of
energy conservation to local consumers.

The City of Monterey joined Central Coast
Community Energy that sources all electrical
use from sustainable sources.

Central Coast Community Energy has
developed extensive education programs.

Program e.2.2. Encourage the hotel, motel,
and restaurant associations to maintain an
energy conservation program on a continual
basis.

The City of Monterey joined Central Coast
Community Energy that sources all electrical
use from sustainable sources.

Central Coast Community Energy has
developed extensive education and
conservation programs.

Policy e.3. Work with other local, state and
federal agencies, public utilities and
community organizations to implement energy
conservation and longer-range renewable
energy development programs.

The City of Monterey joined Central Coast
Community Energy that sources all electrical
use from sustainable sources.

Open Space Element
Goal/Policy Progress
Goal a. Preserve the Monterey Bay as the
City’s most significant natural resource.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.1. Support industries that contribute
to the appreciation of the Monterey Bay’s
resources, including, but not limited to, the
commercial fishing industry and research
activities, and tourism.

Background Information.

The City Council circulated a Request for
Proposals to lease warehouse space to
commercial fishing processing companies.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 60, Packet Page 128

EXHIBIT A
51 Some leases have been signed and other
leases are nearing signature.

This has been a significant work effort.

Policy a.2. Protect the marine habitats of
Monterey Bay in cooperation with State and
Federal agencies.

Background Information – Proposals
reviewed for consistency as proposed.

Habitats have been preserved.

Policy a.3. Protect the views into Monterey
Bay.

Background Information – Proposals
reviewed for consistency as proposed.

Views have been preserved.

Goal b. Recognize the importance of the
shoreline and beaches in providing access to
the Monterey Bay as well as preserving
specific areas for habitat conservation.

Background Information – Proposals
reviewed for consistency as proposed.

Beach access has been preserved and is
extensive.

Policy b.1. Maintain the City shoreline and
beaches for recreation use and support
facilities.

Background Information – Proposals
reviewed for consistency as proposed.

Shoreline and beaches have been
maintained for recreation use and support
facilities.

Policy b.2. Preserve the City’s active use
areas adjacent to the Monterey Bay,
including, but not limited to, the wharves,
boat access facilities, and piers.

Background Information – Proposals
reviewed for consistency as proposed.

Wharves, boat access and piers have been
preserved and maintained.

Policy b.3. Support Navy and other efforts to
restore the dunes adjacent to Del Monte
Avenue for habitat conservation purposes,
including the Navy property east of Sloat
Avenue.

City has supported the Navy’s efforts as they
continue to work on dune restoration.

Policy b.4. Protect views of the Monterey
Bay from Monterey Bay and Shoreline Parks.

Background Information – Proposals
reviewed for consistency as proposed.

Views have been protected.

Goal c. Preserve greenbelts to ensure an
overall visual impression of open space on
the hillsides above Monterey, between
neighborhoods and along major
transportation corridors.

Background Information – Proposals
reviewed for consistency as proposed.

The City adopted a Greenbelt Fuel Reduction
Plan which would result in the managed
reduction of fire fuel hazards within eight
treatment areas within the City’s greenbelt
system.

Policy c.1. Maintain greenbelts as open
space.

Background Information – Proposals
reviewed for consistency as proposed.

Greenbelts have been maintained.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 61, Packet Page 129

EXHIBIT A
52 The City adopted a Greenbelt Fuel Reduction
Plan which would result in the managed
reduction of fire fuel hazards within eight
treatment areas within the City’s greenbelt
system.

Policy c.2. Coordinate with the County to
preserve greenbelts, which form the
backdrop of Monterey.

Background Information – Proposals
reviewed for consistency as proposed.

Policy c.3. Work with the County and others
to preserve Monterey Pines where possible.

Background Information – Proposals
reviewed for consistency as proposed.

The City’s Tree Ordinance provides extensive
tree protection for properties within the City.

Goal d. Preserve and improve lakes and
waterways as important visual, habitat, flood
protection, and recreation resources.

Background Information – Proposals
reviewed for consistency as proposed.

Lakes and waterways have been preserved.

In 2022, City staff has worked with the City of
Seaside and Monterey Peninsula Regional
Parks District to reinvigorate the Joint Powers
Authority to create a maintenance strategy for
Laguna Grande Park. The project will
implement maintenance strategies to create a
more accessible, safe, and long-lasting park
for the surrounding community and region.

Policy d.1. Continue to preserve Lake El
Estero, Del Monte Lake, Roberts Lake,
Laguna Grande, Washerwoman’s Pond, and
Lagunita Mirada as visual open space
features.

Background Information – Proposals
reviewed for consistency as proposed.

Waterbodies have been preserved.

Policy d.2. Recognize that Del Monte Lake is
a key entrance feature into the City of
Monterey and work with U.S. Naval
Postgraduate School to remove physical and
visual barriers to the lake.

Background Information – Proposals
reviewed for consistency as proposed.

Many years ago, the Naval Post Graduate
School upgraded the fence around the school
to improve visual access. This policy has
been achieved.

Policy d.3. Maintain the lakes and waterways
as flood control features for the City.

Background Information – Proposals
reviewed for consistency as proposed.

The City’s Public Works Division continues to
maintain the City’s lakes, waterways, and
flood control features.

Policy d.4. Protect native plants, animals,
and native habitats in Lake El Estero, Del
Monte Lake, and Laguna Grande.

Background Information – Proposals
reviewed for consistency as proposed.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 62, Packet Page 130

EXHIBIT A
53 City’s Parks Division protects the native
plants, animals, and habitats around these
waterbodies.

Policy d.5. Continue to support and enhance
the public use of the City's lakes. Manage
non-native wildlife such as Canadian Geese.

Background Information – Proposals
reviewed for consistency as proposed.

City’s Parks Division maintains public use of
the City’s lakes.

Policy d.6. Continue to allow active
recreational use of the lakes.

Background Information – Proposals
reviewed for consistency as proposed.

The City has approved a concessionaire to
offer swan rides around Lake El Estero.

City Parks contain active uses around Lake
El Estero and Laguna Grande Lake, such as
playgrounds and other amenities.

Policy d.7. Work with the City of Seaside to
preserve and enhance Roberts Lake and
Laguna Grande.

Goal e. Ensure streams continue to function
as natural flood control channels and habitat
for native plants and animals.

Background Information – Proposals
reviewed for consistency as proposed.

Streams have been maintained.

Policy e.1. Maintain the City's streams by
controlling erosion.

Background Information – Proposals
reviewed for consistency as proposed.

Streams have been maintained.

Policy e.2. Restore vegetation adjacent to
streams with native plants to ensure a
balanced ecosystem (which may include
removal of non-native species).

Background Information – Proposals
reviewed for consistency as proposed.

No new projects proposed.

Policy e.3. Encourage pedestrian access
along streams where appropriate.

Background Information – Proposals
reviewed for consistency as proposed.

No new projects proposed.

Goal f. Maintain and enhance the park
system for City residents and visitors.

Background Information – Proposals
reviewed for consistency as proposed.

The City’s Parks Division does an excellent
job of maintaining the City’s parks.

Policy f.1. Maintain the Parks and
Recreation Master Plan to outline the City’s
current and future priorities.

Background Information – Proposals
reviewed for consistency as proposed.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 63, Packet Page 131

EXHIBIT A
54 The City’s Parks Division does an excellent
job of maintaining the City’s parks.

Policy f.2. Acquire and retain land for current
and future parks and recreation open space
to serve residents’ needs.

The City acquired the Old Capitol Site in
2019.

Policy f.3. Plan, acquire, design, develop,
and maintain areas and facilities to meet the
leisure and aesthetic needs of the residents
of the City.

The City acquired the Old Capitol Site in
2019.

The City’s Parks Division does an excellent
job of maintaining the City’s parks.

Policy f.4. Provide a wide variety of quality
leisure activity opportunities for all residents
of the City.

The City’s Recreation Department offers a
wide variety of programs.

Policy f.5. Be flexible in providing for special
needs as dictated by current trends and
changing interests of the citizens of
Monterey.

The City’s Recreation Department offers a
wide variety of programs.

Policy f.6. Provide ongoing efficient and
effective design, development, renovation,
and management of visually aesthetic and
functional park areas and facilities.

The City’s Recreation Department provides
ongoing, professional management of park
areas and facilities.

Policy f.7. Coordinate public and private
agencies and community groups in the
planning and development of park and
recreation programs and facilities.

The City’s Recreation Department
coordinates public and private agencies and
community groups in the planning and
development of park and recreation programs
and facilities.

Policy f.8. Maintain our parks in excellent
condition.

The City parks are maintained in excellent
condition.

Goal g. Connect existing and future open
spaces.

Future project
Policy g.1. Create a trail plan to link existing
open spaces and pedestrian areas with trails
for public use.

Future project
Policy g.2. Link open spaces to provide
habitat protection.

Future project
Safety Element
Goal/Policy/Program Progress
Goal a. Evaluate seismic safety when
reviewing development applications and land
uses.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.1. Potentially active faults should be
treated the same as active faults until
detailed geotechnical data is submitted
demonstrating to the City’s satisfaction that a
fault is not active.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.2. Engineering and geologic
investigations should be undertaken for
Background Information – Proposals
reviewed for consistency as proposed.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 64, Packet Page 132

EXHIBIT A
55 proposed projects within high and moderate
seismic hazard zones before approval is
given by the City. The entire City is currently
within seismic hazard zone IV and these
studies are required for almost all new
construction except very minor additions.

Policy a.3. Lands within 660’ of identified
faults should be treated as having high
seismic hazard until an acceptable
geotechnical investigation indicates they
should be treated otherwise.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.4. Structures for human occupancy
and critical facilities should be set back a safe
distance (as determined by geotechnical
analysis) from precisely located active and
potentially active faults.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.5. Consider combining hazard areas
with other areas not suitable for development
and incorporating them into an open space
system for public enjoyment.

Future project
Policy a.6. Continue seismic retrofit of
unreinforced masonry buildings.

Seismic retrofits completed with the
exception of several adobe structures.

Future project
Policy a.7. Investigate, provide, and improve
alternative routes for access to the
Community Hospital of the Monterey
Peninsula.

Access to Community Hospital of the
Monterey Peninsula was improved with the
completion of the Highway 68 and Highway 1
roundabout.

A project was approved to provide increased
parking for the employees at a site adjacent
to the hospital that should improve access.

Goal b. Minimize landslide hazards by
locating development away from steep slopes
and by requiring excellent grading practices.

Background Information – Proposals
reviewed for consistency as proposed.

Policy b.1.

A) Prohibit development on slopes over
25% on new lots that are created to
provide new building sites.

B) Prohibit new development on slopes
over 25% grade on existing lots of
record and only allow minimal
encroachment into 25% or greater
slope as determined by the Planning
Commission. Discourage and only
consider such development when it is
designed and located to minimize
impacts to adjoining property and
public right-of-way that could occur
due to inadequate grading and
drainage control, visual appearance
Background Information – Proposals
reviewed for consistency as proposed.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 65, Packet Page 133

EXHIBIT A
56 and removal of trees and vegetation.

The Planning Commission shall
determine that the amount and
location of 25% slope area so
severely restricts the development
potential of the lot that prohibiting
development on 25% slope deprives
such property of privileges enjoyed by
other similar property that an
exception to this prohibition is
warranted.

C) Development is prohibited within
active landslide areas unless proven
safe or desirable to the City’s
satisfaction.

Policy b.2. Minimize grading in hillside areas. Background Information – Proposals reviewed for consistency as proposed.

Program b.2.1. Limit permits for major
grading operations until development plans
have been approved by the City and
improvement bonds have been posted.

Background Information – Proposals
reviewed for consistency as proposed.

Program b.2.2. Permit grading operations
only in areas scheduled for immediate
construction or paving.

Background Information – Proposals
reviewed for consistency as proposed.

Policy b.3. Minimize cutting and removal of
vegetation during grading operations.

Background Information – Proposals
reviewed for consistency as proposed.

Policy b.4. Require developers to submit
slope stabilization plans along with any
required grading plans. These slope
stabilization plans shall include a complete
description of the existing vegetation, the
vegetation to be removed and the method of
its disposal, the vegetation to be planted, and
slope stabilization measures.

Background Information – Proposals
reviewed for consistency as proposed.

Policy b.5. Plant and protect all
manufactured slopes, other than those
constructed in rock, from the effects of storm
runoff erosion within 30 days of the
completion of final grading.

Background Information – Proposals
reviewed for consistency as proposed.

Policy b.6. Provide drainage and soil
protection for all exposed soil and partially
completed roads between October 15 and
April 15.

Background Information – Proposals
reviewed for consistency as proposed.

Goal c. Protect against flood hazards from
the bay, lakes, and streams.

The City is continuing to study the impact
from sea level rise on our community. The
City completed a Transportation Adaptation
Study for Del Monte Avenue.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 66, Packet Page 134

EXHIBIT A
57 Policy c.1. Consider and mitigate the
potential hazards from storm waves, tsunami,
high tidal conditions and flooding for projects
along the bay shoreline.

Background Information – Proposals
reviewed for consistency as proposed.

Program c.1.a. Review all development
proposals planned for areas within a 100-
year flood hazard zone consistent with FEMA
National Flood Insurance Program (NFIP)
standards. Development proposed within
these areas must be mitigated as needed to
ensure conformance with NFIP standards.

Background Information – Proposals
reviewed for consistency as proposed.

Policy c.2. Design storm drainage systems
to accommodate projected uses before those
uses are developed.

Background Information – Proposals
reviewed for consistency as proposed.

The City is continuing to study the impact
from sea level rise on our community. The
City completed a Transportation Adaptation
Study for Del Monte Avenue.

Policy c.3. Protect and maintain drainage
channels to keep them clear of silt and debris
while protecting habitat as much as possible.

The City’s Public Works Department
maintains the City’s drainage channels.

Policy c.4. Design projects to: (1) maximize
the amount of natural drainage that can be
percolated into the soil, and (2) minimize
direct overland runoff onto adjoining
properties, water courses, and streets. This
approach to handling stormwater reduces the
need for costly storm drainage
improvements, which are often miles
downstream. Building coverage and paved
surfaces must be minimized and incorporated
within a system of porous pavements,
ponding areas, and siltation basins.

Background Information – Proposals
reviewed for consistency as proposed.

Goal d. Minimize the loss of life and property
from fire.

The City’s Municipal Code contains extensive
fire protection measures for new or
significantly remodeled structures.

In 2022, with the increased severity and
frequency of wildfires in California, community
wildfire planning is increasingly important to
help prepare for and adapt to wildfire.

Community Wildfire Protection Plans
(CWPPs) are a tool to help reduce the severity
and impact of wildfires and increase
community resilience. A CWPP is being
developed for the Cities of Monterey, Carmelby-the-Sea, and Pacific Grove. Over 56% of land within these cities is located in a high or
very high fire hazard severity zone. The
CWPP is being developed with input and
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 67, Packet Page 135

EXHIBIT A
58 direction from stakeholders, agency
representatives, and community members.

Policy d.1. Achieve the greatest practical
level of built-in fire protection to confine fires.

The City’s Municipal Code contains extensive
fire protection measures for new or
significantly remodeled structures.

Policy d.2. Achieve effective emergency
access to all developments, installations, and
fire protection equipment for emergency
apparatus and for evacuation.

Background Information – Proposals
reviewed for consistency as proposed.

Program d.2.1. Discourage all dead end
roads and cul-de-sacs longer than 700 feet.

Background Information – Proposals
reviewed for consistency as proposed.

Program d.2.2. Encourage alternative
second access roads as emergency access
for roads greater than 700 feet in length.

Background Information – Proposals
reviewed for consistency as proposed.

Program d.2.3. Locate all installations or
processes considered hazardous in the
safest possible areas or on individual parcels.

Background Information – Proposals
reviewed for consistency as proposed.

The Fire Department regularly inspects sites
that store hazardous materials.

Program d.2.4. In hazardous fire areas,
require fire retardant roofing and access to
steep lots, and consider brush clearance and
planting of non-flammable vegetation.

The City’s Municipal Code contains extensive
fire protection measures for new or
significantly remodeled structures.

Policy d.3. Maintain a cost-effective, high
level of fire protection service.

The City has established a regional fire
protection agency. This effort has improved
the cost-effectiveness of fire protection by
having one administrative function for all fire
services.

Policy d.4. Continue to work with fire
protection agencies that provide fire service
to unincorporated areas through mutual aid.

Encourage those areas that desire fire
protection services which are beyond
“outside legitimate mutual aid” to annex to the
City of Monterey for fire protection services
instead of using contractual or automatic aid
agreements.

The City has established a regional fire
protection agency.

Policy d.5. Cooperate with fire protection
agencies to obtain and maintain mutual aid
agreements that will augment the City’s fire
protection services. Continue mutual aid with
the California Department of Forestry that
obtain adequate aid for larger, open-range
type fires involving brush, trees and grass
that require specialized tactics and
equipment.

The City has established a regional fire
protection agency.

Policy d.6. Work with Cal-Am to ensure
adequate water pressure for fire fighting.

Background Information – Proposals
reviewed for consistency as proposed.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 68, Packet Page 136

EXHIBIT A
59 Goal e. Maximize aviation safety on and
adjacent to the Monterey Airport.

The Monterey County Airport Land Use
Commission has adopted a new
Comprehensive Land Use Plan.

Developments are being reviewed for
consistency with this plan.

Policy e.1. Support safety improvements to
the Monterey Peninsula Airport and adjacent
areas.

The City has historically supported safety
improvements such as the runway extension
program.

Program e.1.1. Review proposed buildings to
ensure compliance with Federal Aviation
Regulations, Part 77, Objects Affecting
Navigable Airspace.

Background Information – Proposals
reviewed for consistency as proposed.

Policy e.2. Continue to work with the airport
district through a fire mutual aid agreement.

The City has established a regional fire
protection agency.

The City also provides contracts fire services
for the airport.

Policy e.3. Require clean up of groundwater
contamination from Airport properties.

This project has been completed.

Policy e.4. In collaboration with the Monterey
Peninsula Airport District, review projects that
may pose risks to the safe operation of the
Monterey Peninsula Airport and mitigate such
impacts through the development review
process.

The Monterey County Airport Land Use
Commission has adopted a new
Comprehensive Land Use Plan.

Developments are being reviewed for
consistency with this plan.

Policy e.5. Develop airport compatibility
policies.

The Monterey County Airport Land Use
Commission has adopted a new
Comprehensive Land Use Plan.

Developments are being reviewed for
consistency with this plan.

In 2022, the City initiated a Safety Element
update to update the City’s land use
documents to be consistent with the
Monterey County Airport Land Use
Compatibility Plan.

Policy e.6. Promote compatible land uses
around the airport consistent with the airport
safety zones.

The Monterey County Airport Land Use
Commission has adopted a new
Comprehensive Land Use Plan.

Developments are being reviewed for
consistency with this plan.

Goal f. Maintain a high level of police
protection in keeping with the City’s needs.

Adequate police services has been an
ongoing Council discussion. The City
Council has created an incentive program to
hire police officers.

Policy f.1. Encourage project designers to
provide adequate sight lines into residential
areas often susceptible to criminal activity
while maintaining a high aesthetic quality and
neighborhood compatibility.

Background Information – Proposals
reviewed for consistency as proposed.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 69, Packet Page 137

EXHIBIT A
60 Policy f.2. Encourage occupants in
residential areas to organize Neighborhood
Watches to prevent crimes against
neighbors, and to institute rapid reporting
procedures.

Future program
Policy f.3. Continue to cooperate and
coordinate with county and state agencies in
providing police services within the
community.

Ongoing
Goal h. Ensure prompt and effective services
to cope with local emergencies.

Adequate fire and police services has been
an ongoing Council discussion. Substantial
progress has been made by creating a
regional fire agency and hiring adequate
police staff.

In 2022, with the increased severity and
frequency of wildfires in California, community
wildfire planning is increasingly important to
help prepare for and adapt to wildfire.

Community Wildfire Protection Plans
(CWPPs) are a tool to help reduce the severity
and impact of wildfires and increase
community resilience. A CWPP is being
developed for the Cities of Monterey, Carmelby-the-Sea, and Pacific Grove. Over 56% of land within these cities is located in a high or
very high fire hazard severity zone. The
CWPP is being developed with input and
direction from stakeholders, agency
representatives, and community members.

Policy h.1. Continue to provide high quality
fire, police, and emergency medical services.

Adequate fire and police services has been
an ongoing Council discussion. Substantial
progress has been made by creating a
regional fire agency and hiring adequate
police staff.

Policy h.2. Continue to develop emergency
plans to respond to large-scale natural or
man-made disasters, such as fires,
earthquakes, floods, nuclear attack, terrorist
attack, or releases of hazardous materials.

The City is working cooperatively with
Monterey County on an updated Hazard
Mitigation Plan.

Policy h.3. Continue emergency planning
and preparation in cooperation with Monterey
County, neighboring cities, and other
agencies.

The City is working cooperatively with
Monterey County on an updated Hazard
Mitigation Plan.

In 2022, with the increased severity and
frequency of wildfires in California, community
wildfire planning is increasingly important to
help prepare for and adapt to wildfire.

Community Wildfire Protection Plans
(CWPPs) are a tool to help reduce the severity
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 70, Packet Page 138

EXHIBIT A
61 and impact of wildfires and increase
community resilience. A CWPP is being
developed for the Cities of Monterey, Carmelby-the-Sea, and Pacific Grove. Over 56% of land within these cities is located in a high or
very high fire hazard severity zone. The
CWPP is being developed with input and
direction from stakeholders, agency
representatives, and community members.

Policy h.4. Work with the Presidio of
Monterey to allow emergency access through
the Presidio. This access should include both
emergency vehicles and resident evacuation.

The City and Presidio of Monterey hosted a
joint emergency access exercise through the
Presidio.

Policy h.5. Continue to work with Monterey
citizens in the Community Emergency
Response Team (CERT) program to maintain
citizen readiness in an emergency.

The City has an active CERT program.

Policy h.6. Maintain community evacuation
shelter and emergency plans.

The City is working cooperatively with
Monterey County on an updated Hazard
Mitigation Plan.

Noise Element
Goal/Policy/Program Progress
Goal a. Minimize traffic noise in
predominantly residential areas and ensure
noise in commercial areas is at an acceptable
level.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.1. Limit truck traffic to local delivery.

Pacific Grove truck traffic should be assigned
to Holman Highway (Highway 68).

Truck routes have been established.

Policy a.2. Route trucks and through traffic
onto truck routes, even where such routing is
not the shortest distance between points.

Truck routes have been established.

Program a.2.1 Implement traffic calming
measures in neighborhoods.

The City supports projects as submitted
through the Neighborhood Improvement
Program.

Policy a.3. Re-evaluate City traffic flow
systems periodically to determine whether
traffic flows can be adjusted through
synchronized signalization or other means to
minimize traffic stops.

The City’s Traffic Division has synchronized
signals along several thoroughfares.

Policy a.4. Cooperate with the California
Highway Patrol in the active enforcement of
state motor vehicle noise standards. Active
enforcement of state motor vehicle noise
standards (especially altered or illegal
mufflers) can keep these contributors to the
noise problem under control. The City
enforces state motor vehicle noise standards
Ongoing
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 71, Packet Page 139

EXHIBIT A
62 on City streets and the Highway Patrol
enforces these standards on state highways.

Policy a.5. Protect areas adjacent to
roadways and freeways with landscaped
noise buffers or other means; sound walls
should not be allowed.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.6. Develop and encourage the use
of non-automobile travel modes such as
bicycle, pedestrian and transit alternatives.

The City has developed a Monterey on the
Move Plan. The City has prepared grants,
implements, and constructs improvements as
funding is available.

Program a.6.1. Give implementation of the
citywide bikeway system a high priority in the
City’s capital funding.

The City has developed a Move Monterey
Plan. The City has prepared grants,
implements, and constructs improvements as
funding is available.

Program a.6.2. Design separated bikeway
and pedestrian systems into all new
roadways and major improvements of
existing roadways where feasible and in
conformance with the City General Plan, area
plans, Parks Master Plan, and Bicycle Master
Plan.

The City has developed a Move Monterey
Plan. The City has prepared grants,
implements, and constructs improvements as
funding is available.

Policy b.1. Support improvements and
operational changes at the airport that
promote safety and noise reduction.

Ongoing.

The City continues to provide input on airport
planning documents.

Policy b.2. Work with the Airport District,
Airport Land Use Commission, and
surrounding cities in planning for appropriate
land uses around the airport and developing
solutions to existing noise problems.

The Monterey County Airport Land Use
Commission has adopted a new
Comprehensive Land Use Plan.

Developments are being reviewed for
consistency with this plan.

Policy b.3. Continue to encourage the airport
to limit aircraft noise between the hours of 11
p.m. and 7 a.m.

Ongoing
The City continues to provide input on airport
planning documents.

Policy b.4. Support limiting the number of
fixed-base general aviation aircraft at the
airport to the existing number.

Ongoing
The City continues to provide input on airport
planning documents.

Policy b.5. Implement the following land use
standards for properties that are exposed to
noise levels in excess of 60 CNEL (Table 8).

The Monterey County Airport Land Use
Commission has adopted a new
Comprehensive Land Use Plan.

Developments are being reviewed for
consistency with this plan.

Goal c. Encourage quiet neighborhoods. Background Information – Proposals reviewed for consistency as proposed.

Goal d. Allow new construction only where
existing or projected noise levels are
acceptable or can mitigated.

Background Information – Proposals
reviewed for consistency as proposed.

Policy d.1 The City can require noise
mitigations to reduce interior noise levels to
Background Information – Proposals
reviewed for consistency as proposed.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 72, Packet Page 140

EXHIBIT A
63 an acceptable level. Table 8 establishes the
land use compatibility standards for new
development.

Policy d.2. Limit hours of noise generating
construction activities. Include this
requirement as a condition of project
approval.

Background Information – Proposals
reviewed for consistency as proposed.

Economic Element
Goal/Policy/Program Progress
Goal a. Maintain and encourage a strong
economic base which will provide tax income
for City services, jobs for Monterey residents,
and services for residents and visitors.

Encourage civic and business decisions
which provide taxes to support City services
to residents and which provide employment
opportunities to residents.

Background information
Policy a.1. Provide a balance between the
economy, preservation of natural and historic
resources, and preservation of residential
areas and services.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.2. Encourage visitor uses which are
based on Monterey’s natural setting and
history, rather than generic visitor uses
without a strong tie to Monterey’s unique
features.

Background Information – Proposals
reviewed for consistency as proposed.

In 2022, the City adopted a Zoning Ordinance
amendment to allow bicycle rental
businesses as principally permitted uses in
the Downtown and Lighthouse Specific Plan
areas and in the Open Space Zoning District.

Policy a.3. Explore ways to diversify the
Monterey economy to provide higher paying
jobs and a balance to cyclical elements of the
visitor economy.

Ongoing
Policy a.4. Encourage small businesses and
unique locally owned businesses.

Ongoing
In 2022, the City adopted a Zoning Ordinance
amendment to allow bicycle rental
businesses as principally permitted uses in
the Downtown and Lighthouse Specific Plan
areas and in the Open Space Zoning District.

Goal b. Expand the economy of Monterey by
building on existing strengths and
emphasizing the natural and historic features
of the City.

Ongoing
Policy b.1 Preserve and enhance Monterey’s
historic character and rich cultural traditions
as unique resources that cannot be
duplicated to differentiate Monterey from
Ongoing
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EXHIBIT A
64 other visitor destinations (see also the
Historic Preservation Element).

Program b.1.1. Complete the implementation
of the Historic Monterey Program between
the City of Monterey, Monterey History and
Art Association, and the State Historic Park to
improve historic promotion, education, and
preservation.

Future project
Program b.1.2. Encourage cultural tourism to
attract visitors who typically stay longer and
contribute more to the economy with each
visit.

Ongoing effort with Monterey County Visitors
and Convention Bureau
Policy b.2. Emphasize the natural setting as
the basis for an economy which serves both
residents and visitors.

Ongoing effort with Monterey County Visitors
and Convention Bureau
Program b.2.1. Promote waterfront-related
retail uses and recreational activities in Local
Coastal Programs and Specific plans
appropriate to the natural resources of each
segment of the waterfront as identified in the
Urban Design Element.

Waterfront Master Plan completed.

In 2022, City staff worked with California
Coastal Commission staff to extend outdoor
dining areas to help businesses recover from
COVID-19 revenue shortfalls. Outdoor dining
areas are also an objective in the Waterfront
Master Plan.

Policy b.3. Support those institutions and
events which have gained statewide,
national, and international recognition.

Ongoing
Program b.3.1. Support major institutions
located within Monterey, such as the
Monterey Bay Aquarium, the Monterey
Conference Center, the Naval Postgraduate
School, Defense Language Institute, and
Monterey Institute of International Studies.

Ongoing
Program b.3.2. Support and encourage
annual events which are located within the
City of Monterey and encourage a Monterey
component to extraordinary events which are
located in Monterey County.

The City created a special event program to
effectively manage events.

Policy b.4. Support and promote
educational and research institutions.

The City has worked extensively with
Middlebury Institute to promote the evolution
of the university. One example is the City
agreeing to close Pierce Street to create a
university center. Pierce
Street is now closed and creates additional
open space for students.

Program b.4.1. Investigate ways to support
the Naval Postgraduate School and Defense
Language Institute so that they remain in the
City of Monterey, including provision of
services to support the operation of the
facilities.

The City of Monterey is home to multiple
military facilities including the Presidio of
Monterey, Naval Post Graduate School, and
Fleet Numerical. These facilities are
predominately education and research
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EXHIBIT A
65 oriented and are a cornerstone of the City’s
economy.

The City of Monterey continues to provide
essential public works services to its military
partners. There is no boundary between the
infrastructure systems and maintenance
inside and outside the military bases.

Protecting the health, safety, and welfare of
the public and of military personnel;
Preserving long-term compatibility between
military installations and the surrounding
communities to support existing and future
military operations; Sustaining the economic
vitality of local communities; Enhancing
communication and coordination between
military installation and community officials
and staff; and, Providing tools that support
informed decision-making. The project is
nearing completion by March 2023.

Program b.4.2. Coordinate with educational
institutions so that City services support
those institutions and so that the institutions
are aware of potential neighborhood impacts
from their operations.

Ongoing
Program b.4.3. Encourage educational
institutions and research facilities to locate in
Monterey.

Ongoing
Program b.4.4. Encourage institutions and
facilities promoting environmental- and
language-based education.

Ongoing
The City has worked extensively with
Middlebury Institute to promote the evolution
of the university. One example is the City
agreeing to close Pierce Street to create a
university center. Pierce
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EXHIBIT A
66 Street is now closed and creates additional
open space for students.

Policy b.5. Provide for orderly growth of the
visitor sector of the Monterey economy.

Ongoing
Program b.5.1. Encourage visitor uses to
include goods, services, and experiences that
are also attractive to residents, even if the
destination is primarily oriented to visitors.

Visitors enjoy destinations that are valued by
local residents.

Ongoing
Program b.5.2. Encourage added hotel
rooms within the limits of VAF zoning in order
to increase Transient Occupancy Tax
revenues.

Background Information – Proposals
reviewed for consistency as proposed.

Program b.5.3. Encourage hotel owners to
upgrade their facilities.

Background Information – Proposals
reviewed for consistency as proposed.

Program b.5.4. Modernize and expand the
Monterey Conference Center to increase
year round group business.

Conference Center upgrade completed.

Policy b.6. The public transportation system
should be an added attraction to visitors and
should provide excellent connections among
activity areas for residents and visitors (see
also Circulation Element).

Monterey Salinas Transit completed the Jazz
line.

Goal c. Continue Monterey’s role as the
business and employment center of the
Monterey Peninsula.

Ongoing
Policy c.1. Support the downtown as the
“Monterey Peninsula’s Downtown” and the
core of the City. Coordinate planning for land
use, traffic, pedestrian access, and parking
facilities for the harbor, wharf, Catellus Site,
Custom House Plaza, Conference Center,
downtown, and east downtown areas so that
they contribute to an economically sound and
livable core for the City and Monterey
Peninsula.

Waterfront Master Plan and Downtown
Specific Plan completed.

Policy c.2. Provide for the orderly growth of
the retail sector.

Specific Plans were adopted for the City’s
commercial areas.

Program c.2.1. Support and retain existing
retail businesses with Business Improvement
Districts and Main Street programs where
locally established and with design
standards, improvement programs, and
façade programs where appropriate.

Specific Plans were adopted for the City’s
commercial areas.

Policy c.3. Support the visitor industry as
the primary economic base of the community.

Ongoing
Policy c.4. Support the military uses in the
community with essential public services.

Ongoing
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EXHIBIT A
67 Policy c.5. Encourage and support the
preservation of the Monterey fishing industry.

The City distributed a Request for Proposal to
lease the commercial warehouse for fish
processing uses. Some tenants have signed
long term leases and other spaces are still
being negotiated.

Policy c.6. Encourage measured and
orderly growth of Monterey
industrial/business park areas.

The City’s Zoning Ordinance contains a list of
uses to encourage orderly growth of
industrial/business park areas.

Policy c.7. Encourage small businesses and
locally owned business.

Ongoing
Policy c.8. Support existing and future
educational and research institutions.

Ongoing
Policy c.9. Encourage expansion of cultural
and performing arts, including possible use of
the State Theatre as a performing arts facility
and other venues for the arts.

The Golden State Theater was acquired by a
private party and events are hosted.

Policy c.10. Promote festivals as a support
for commercial areas.

The City regularly promotes festivals through
its website and social media.

Policy c.11. Provide support for the health
care providers, including hospitals and
private practice offices.

The City has processed several development
applications for the health care industry.

Policy c.12. Encourage activities for children
such as Dennis the Menace Park and MY
Children’s Museum.

Due to COVID, many programs were
suspended to protect health and safety;
services are being slowly reintroduced.

Typically, the City’s Recreation Department
supports multiple children activities.

Policy c.13. Support language uses and
Monterey as the Language Capitol of the
World.

Background Information – Proposals
reviewed for consistency as proposed.

Policy c.14. Support environmental and
scientific research such as marine,
meteorological and oceanographic research.

Background Information – Proposals
reviewed for consistency as proposed.

Policy c.15. Support major employers.

Encourage growth of these employers within
the City and actively work to retain them
within the City.

Background Information – Proposals
reviewed for consistency as proposed.

Policy c.16. Support the unique role of each
business area within the City.

Background Information – Proposals
reviewed for consistency as proposed.

Policy c.17. Support public schools as a
community resource and as a primary factor
which attracts employers to the community.

The City continues to support public schools.

Goal d. Encourage housing, including mixed
use housing to meet the needs of business
(see Housing Element).

Specific Plans were adopted for the City’s
mixed-use areas to encourage housing.

Goal e. Continue to provide exceptional
public safety to assure that visitors and
residents are not discouraged from visiting or
shopping in Monterey (see Safety Element).

The City Council has established public
safety as a high priority and has staffed
accordingly.

Social Element
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EXHIBIT A
68 Goal/Policy/Program Progress
Goal a. Provide a comprehensive network of
services to meet the needs of families.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.1. Preserve existing and encourage
development of new family housing in
Monterey as outlined in the Housing Element.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.2. Maintain affordable supportive
services such as family counseling and day
care.

Background Information – Proposals
reviewed for consistency as proposed.

Program a.2.1. Encourage development of
private day-care homes.

City zoning regulations allow private day-care
homes.

Program a.2.2. Encourage and facilitate the
creation of high-quality state-licensed daycare facilities.

City zoning regulations allow private day-care
homes.

Fire Department conducts regular inspections
of larger day care facilities.

Program a.2.3. Encourage day-care
programs that can accommodate children
with health care needs.

City zoning regulations allow private day-care
homes.

Program a.2.4. Continue to support
counseling and other youth services.

Ongoing
Policy a.3. Encourage public and private
agencies to provide community service and
recreational opportunities that enable young
people to make constructive use of their
leisure time.

The City Recreation Department provides
extensive programming and services.

Policy a.4. Identify and support efforts to
create a transportation network that can
support children.

Future program
Goal b. Continue existing programs and
encourage development of new programs
that meet the basic needs of elderly
residents, including those on fixed income
(e.g., food, transportation, recreation, and
housing).

The City of Monterey has an extensive
program provided for seniors at Scholze
Senior Center.

Policy b.1. Encourage development of
various types of housing for seniors, including
retirement housing and care facilities.

Ongoing
Policy b.2. Support the development of
medical programs and facilities to meet the
growing needs for medical care as the City’s
population ages.

Ongoing
The City has reviewed and approved several
medical facilities.

Policy b.3. Support and expand services for
seniors, including volunteer and recreational
opportunities, library, cultural, and
educational services.

The City of Monterey has an extensive
program provided for seniors at Scholze
Senior Center.

Policy b.4. Support and expand
transportation services for seniors such as
taxi vouchers and MST Rides.

City provides taxi vouchers for seniors. City
also supports MST Rides program.

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EXHIBIT A
69 Policy b.5. Encourage services to help
seniors stay in their own homes and
independent, such as adult day care, public
transportation, and Mr. Fixit home
improvement funds.

City provides a Mr. Fix It Program to help
seniors stay in their home.

Policy b.6. Encourage reduced City fees and
the development of private sector discounts
for lower income seniors.

Future Program
Goal c. Continue to provide programs for
special need households.

The City Recreation Department provides
extensive programming and services.

Policy c.1. Help meet the recreational needs
of the disabled.

The City Recreation Department provides
extensive programming and services.

Policy c.2. Support transportation services
for persons with special needs.

MST Rides program provides transportation
services for people with special needs.

Program c.2.1. Continue to support the
specialized transportation program for the
disabled such as taxi vouchers and the MST
Rides program.

City continues to support this program.

Policy c.3. Encourage the coordination of
services of all public and private
transportation providers.

Ongoing
Policy c.4. Support public and nonprofit
agencies that assist homeless persons to find
long-term shelter and employment.

City has provided substantial grants to
Community Human Services and Veterans
Transition Center to increase homeless
housing.

The City also supports financially Gathering
for Women and other groups.

Goal d. Encourage planning and coordination
of the health care system to ensure efficient
and effective delivery.

The City has reviewed several new health
care facilities.

Policy d.1. Encourage the Monterey County
Health Department to provide adequate
preventative health care and mental health
education within the City for all residents.

Future program
Policy d.2. Encourage the availability of
counseling services for all that need them,
regardless of ability to pay.

Future program
Policy d.3. Encourage the county health
department and local hospitals to provide
low-cost counseling services to all residents.

Future program
Policy d.4. Encourage coordination efforts in
the health care field to provide a continuum of
care.

Future program
Policy d.5. Encourage programs for public
agency personnel to train them to work with
people who have mental health issues.

City Human Resources Department
conducted a citywide training.

Goal e. Support programs that provide strong
educational opportunities at all levels, from
pre-school to postgraduate programs.

Ongoing
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EXHIBIT A
70 Policy e.1. Review opportunities for resource
sharing to strengthen K-12 educational
programs within the City.

Ongoing efforts between City of Monterey
Recreation Department and Monterey
Peninsula Unified School District
Policy e.2. Explore opportunities for
business/school partnerships to assist in
education programs and support for students.

Future program
Policy e.3. Continue homework assistance
programs.

The City Library provides extensive
resources for homework assistance online.

Policy e.4. Develop cooperative relationships
with colleges and postgraduate schools to
strengthen educational opportunities in the
City.

Ongoing
City has specifically worked with Middlebury
Institute on their university master plan and
implementation.

Policy e.5. Encourage sharing of facilities
between educational institutions and the City
to maximize use of limited resources.

The City and Monterey Peninsula Unified
School District have an existing shared use
agreement.

Goal f. Ensure prompt and effective services
to cope with local emergencies.

The City Council has prioritized public safety
staffing levels to cope with local
emergencies.

Policy f.1. Encourage the development of
community services, with an emphasis on
crime prevention and supportive services for
the victims of crime.

The City Council has prioritized public safety
staffing levels.

Program f.1.1. Continue and expand the
city’s crime prevention program.

The City Council has prioritized public safety
staffing levels.

Program f.1.2. Cooperate with service clubs
and other community groups in crime
prevention efforts.

The City Council has prioritized public safety
staffing levels. The City’s Police Department
coordinates closely with the Monterey
Peninsula Unified School District.

Program f.1.3. Continue in-school law
enforcement programs and lectures to
community groups on topics such as drug
abuse, crime prevention, and the rights of
minors.

The City Council has prioritized public safety
staffing levels. The City’s Police Department
coordinates closely with the Monterey
Peninsula Unified School District.

Program f.1.4. Encourage programs that
inform residents of their legal rights and
responsibilities.

Ongoing
Policy f.2. Support nonprofit agencies that
provide assistance, such as food and shelter,
during family emergencies.

The City’s Housing Program provides funding
to several nonprofits helping to foster a social
network for family emergencies.

Policy f.3. Continue to work with service
providers to promote programs, which
encourage good citizenship in children and
teenagers.

Future program
Policy f.4. Support counseling services for
youth and early intervention to lessen
alienation and potential delinquent behavior.

Ongoing
Policy f.5. Provide service to military
installations and neighboring jurisdictions
through contractual agreements without
Ongoing
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EXHIBIT A
71 diminishing service levels to city residents.

Goal g. Provide Library services, programs,
and resources to meet changing community
needs and interests.

The City’s Library provides extensive
services, programs, and resources.

Policy g.1. Acquire and maintain collections
of books and other resources to meet current
and projected community needs and interests
and provide a balanced representation of
ideas and information. Continue special
emphasis on the increasingly complex needs
of children and young people, as well as the
growing number of senior citizens in our
society.

The City’s Library provides extensive
services, programs, and resources.

Policy g.2. Provide effective, accessible,
safe and attractive Library facilities. Planning
efforts will address the need for more space
in order to continue to fulfill the Library’s
mission.

The Library Board completed a
comprehensive master planning process in
2020.

Policy g.3. Provide access to information
and resources for remote users from their
homes, workplaces, and schools.

The City maintains an extensive website.

Policy g.4. Share resources and coordinate
activities with other city departments,
libraries, agencies, and organizations in order
to maximize service to the community.

Ongoing
Goal h. Continue and expand cultural arts
programs for the enrichment of the daily life
of the City’s residents and visitors.

The City has an active museum and cultural
arts program.

Policy h.1. Develop sustained funding for a
variety of art elements in public places
through private-public collaboration.

Ongoing. The City’s Museum and Cultural
Arts Division actively pursues grants for
public art projects.

Policy h.2. Continue the program of
underwriting cultural arts agencies that offer
arts activities for the benefit of the residents
and visitors.

Ongoing. The City’s Museum and Cultural
Arts Division actively pursues grants for
public art projects.

Policy h.3. Restore Colton Hall for use as a
museum.

Colton Hall is operated as a museum.

Policy h.4. Maintain the annual plan for the
cultural arts.

The Museum and Cultural Arts Division
adopts an annual plan for its programs.

Goal i. Continue to evaluate and strategize
on how to meet the City’s social service
needs.

Ongoing
Policy i.1. Coordinate with various service
providers to determine how needs can be
met. Recognize that the City may not be able
to provide all the services needed but can
serve as the catalyst to encourage additional
services and partnerships.

Ongoing
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EXHIBIT A
72 Policy i.2. Continue to provide high quality
programs that meet the changing needs of
Monterey’s population.

Ongoing
Goal j. Maintain a high level of
communication between residents and the
City.

Ongoing
The City provides extensive updates on the
City’s website, social media, and printed
information campaigns.

Policy j.1. Encourage two-way
communication between the City and
residents and businesses.

Ongoing
The City provides extensive updates on the
City’s website, social media and printed
information campaigns. Comments are
regularly received.

Program j.1.1. Continue government
outreach through programs like the City
Focus newsletter, broadcast of public
meetings, public access television, City web
sites, and meetings with neighborhood
leaders and business associations.

Ongoing
The City provides extensive updates on the
City’s website, social media and printed
information campaigns
Program j.1.2. Encourage residents to
communicate with the City through programs
like the City telephone hotline, surveys,
email, etc.

Ongoing
Program j.1.3. Continue programs that
encourage volunteer participation.

The City has a number of programs that are
volunteer based such as museum and park
services.

Program j.1.4. Encourage residents to
participate in City Boards and Commissions.

The City advertises all Board and
Commission positions.

Program j.1.5. Assure that public records are
accessible to citizens.

Many public records are available online,
such as agendas, minutes, resolutions, and
ordinances.

The City Clerk’s Office coordinates all public
record act requests.

Goal k. Provide accurate information on
available social services in a manner which is
easily accessible to all residents and service
providers.

Ongoing
Policy k.1. Develop and provide information
about social services in appropriate locations
in the City, including the Library, Police
Department, Housing Division, and
Neighborhood Centers. Continue to provide
referral services.

Ongoing
Policy k.2. Evaluate coordination efforts of
service providers who request city funds.

The City Housing Office monitors and
coordinates all the City’s social service
grants.

Policy k.3. Advocate social services
coordination efforts at the county level.

Ongoing. The City participates in multiple
regional task forces and meetings.

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EXHIBIT A
73 Policy k.4. Participate in ongoing
assessment of community social needs and
resources.

The City completed a study evaluating social
needs and resources in 2019.

Policy k.5. Continue to gather data on social
needs and target groups; update the needs
assessment on a periodic basis.

The City completed a study evaluating social
needs and resources in 2019.

Policy k.6. Provide information and
assistance to service providers and
community groups to enable them to develop
needed services.

Ongoing
Historic Preservation Element
Goal/Policy/Program Progress
Goal a. Preserve historic and cultural
resources in Monterey, including buildings,
sites, landscapes, artifacts, and memories.

The City’s Historic Preservation Ordinance
preserves historic and cultural resources.

Policy a.1. Maintain a balanced preservation
program with plans, surveys, ordinances to
preserve historic resources, and incentives,
including permit streamlining, to balance the
added costs of maintaining historic
resources.

The City has completed historic surveys of
several neighborhoods. The City received a
Certified Local Government Grant to prepare
a historic survey of the Alta Mesa
neighborhood. The City Council approved the
Alta Mesa historic survey.

Program a.1.1. Maintain the Historic Master
Plan with review and updates at five-year
intervals.

The City maintains the Historic Master Plan.

A future project should be to update the
master plan.

Program a.1.2. Encourage historic zoning
and Historic Districts in areas that are
eligible. Consider City-initiated historic
zoning and Districts for resources with state,
national, and international significance.

The City’s Historic Ordinance allows
designation of historic sites and districts.

The City designated one property during
2022.

Program a.1.3. Complete the City-wide
historic survey program and maintain up-todate surveys of potentially historic resources.

Program a.1.4. Develop a Master Plan for
the lower Presidio of Monterey Historic Park.

Completed
Program a.1.5. Develop a Master Plan for
the Royal Presidio Site in conjunction with the
Diocese of Monterey.

Future project
Program a.1.6. Encourage the identification
and preservation of historic landscapes,
including incentives for preservation.

The City’s Historic Preservation Ordinance
preserves historic and cultural resources.

Program a.1.7. Maintain and update the
City’s historic incentive programs to support
historic property owners, including grant
programs, land use incentives, flexible zoning
and parking standards, property tax relief,
City staff is currently working on updating the
Historic Preservation Ordinance. This update
includes revisions to its incentives.

In 2022, City staff inspected all Mills Act
contract properties in the City to ensure
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EXHIBIT A
74 Historic Building Code, and expedited
processing for historic resources.
compliance with each property’s respective
maintenance schedule. City staff continues to
process Mills Act contract applications to
encourage preservation of historic properties.

Policy a.2. Encourage the collection and
preservation of artifacts, print materials, oral
histories, and ephemera.

The City’s Museum and Cultural Resource
Division encourages the collection and
preservation of artifacts, print materials, oral
histories, and ephemera.

Program a.2.1. Maintain and expand the
historic collection at the Library California
Room.

Ongoing
Program a.2.2. Support cultural museums,
learning and interpretive centers, and
libraries that preserve, store, protect, and
make artifacts available for public display and
study.

Ongoing
Policy a.3. Maintain City-owned historic
buildings in accordance with the Secretary of
the Interior's Standards for the Treatment of
Historic Resources.

Ongoing
Policy a.4. Utilize the CEQA process for
projects located in archaeologically sensitive
areas to identify and mitigate potential
impacts on archaeological resources.

Background Information – Proposals
reviewed for consistency as proposed.

Goal b. Coordinate the preservation,
interpretation, and presentation of historic
Monterey by the various agencies that
interpret and maintain Monterey historic
resources.

Ongoing
Policy b.1. Continue to support the Historic
Monterey program, which coordinates with
government, nonprofit, and other historic
organizations to preserve and present
Monterey history.

Ongoing
Program b.1.1. Coordinate historic
programming so that residents and visitors
can experience and understand the entire
range of Monterey history in a seamless
manner.

Ongoing
Program b.1.2. Establish a single passport
or ticket mechanism that provides access to
all historic destinations.

Program has been periodically provided over
the years.

Program b.1.3. Coordinate hours of
operations and tours so that they do not
overlap. Develop sample itineraries for
residents or visitors based on length of time
they have to visit historic sites.

Future program
Program b.1.4. Coordinate historic
programming with other non-historic
destinations and activities in Monterey.

The City coordinates History Day with its
partners.

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EXHIBIT A
75 Program b.1.5. Integrate marketing efforts of
the various agencies that interpret Monterey
history.

The Monterey County Visitors and
Convention Bureau integrates marketing
efforts.

Program b.1.6. Consolidate specialized
staffing and functions among organizations
with historic resources by sharing
maintenance, training, archival, craftspeople,
and other resources necessary for the
preservation of historic buildings, sites, or
artifacts.

Ongoing as appropriate
Program b.1.7. Promote the development of
skills programs such as apprentices and
internships in preservation or archival
techniques.

Future program
Program b.1.8. Coordinate collections
management among libraries and museums.

Ongoing
Program b.1.9. Include military bases and
military history in the Historic Monterey
program by reaching out to the Defense
Language Institute and Naval Postgraduate
School for coordinated historic programming.

The City coordinates History Day with its
military partners.

Program b.1.10. Encourage publication and
interpretation of Monterey history, particularly
a comprehensive history that includes the
period from signing of the State Constitution
in 1850 to the present.

Completed
Program b.1.11. Develop an historic
entrances and vistas programs, to identify
and enhance recognition of the various
historic influences in Monterey, such as
Spanish and Mexican government, American
conquest and statehood, Gilded age, fishing
era, etc.

Future program
Program b.1.12. Work with the partners in
the Historic Monterey Program so that levels
of service are not diminished if funding is
diminished.

Program has been periodically provided over
the years.

Public Facilities Element
Goal/Policy/Program Progress
Goal a. Phase future development in
accordance with the City’s ability to service it.

Background Information – Proposals
reviewed for consistency as proposed
Policy a.1. Use the City’s capital
improvement program for determining shortrange priorities for the allocation of public facilities funds consistent with the General
Plan.

Completed annually
Policy a.2. Encourage review of proposed
public facilities of all agencies by the City
Planning Commission.

Background Information – Proposals
reviewed for consistency as proposed
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EXHIBIT A
76 Policy a.3. Encourage infill development
within the City where it can efficiently be
provided with public facilities and utilities.

Completed
Specific Plans have been adopted for infill
development to streamline development
review.

Program a.3.1. Monitor limited public
services (e.g., water, sewer, streets) and
develop a system to determine the impacts of
proposed developments on these resources.

Background information – Public Works
Department monitors.

Program a.3.2. Mitigate the impacts of
proposed developments through means such
as increased use of transit and water
conservation.

Background Information – Proposals
reviewed for consistency as proposed
Policy a.4. Major new developments, such
as annexed areas, should generate enough
revenues to pay for the public services they
demand.

Background Information – Proposals
reviewed for consistency as proposed
Policy a.5. Reserve adequate space in new
development for schools, parks, playgrounds,
bikeways, community centers, libraries, fire
stations and other public facilities.

Background Information – Proposals
reviewed for consistency as proposed
Policy a.6. Control the rate of development if
all projects being proposed cannot
adequately be served with public facilities, or
could cause a rate of growth higher than the
community feels is acceptable.

Background Information – Proposals
reviewed for consistency as proposed
Goal b. Maintain a high level of police
protection consistent with the City’s needs
and financial resources.

The City Council has prioritized public safety
staffing levels.

Policy b.1. Provide for adequate police
facilities through the Capital Improvement
Program.

Annual Capital Improvement Program
Policy b.2. Continue to cooperate and
coordinate with county and state agencies in
providing police services within the
community.

Ongoing
Policy b.3. Develop a plan to upgrade or
replace the main police station.

Future project
Goal c. Maintain facilities to provide a costeffective, high level of fire protection service.Ongoing Policy c.1. Require built-in fire protection for
new and existing structures to minimize the
need for additional fire facilities.

The City’s Municipal Code requires built-in
fire protection.

Policy c.2. Identify cost-effective fire station
locations. using contractual or automatic aid
agreements.

The City provides contract fire services for
the Monterey Peninsula Airport District. As a
result, adequate response times are available
along the Highway 68 corridor.

Policy c.3. Continue to monitor and evaluate
the need for a new fire station to serve the
Monterey-Salinas Highway (68) and Ryan
Ranch areas. Explore opportunities to coThe City provides contract fire services for the Monterey Peninsula Airport District. As a
result, adequate response times are available
along the Highway 68 corridor.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 86, Packet Page 154

EXHIBIT A
77 locate at the airport’s fire station to provide
this additional service.

Policy c.4. Provide for adequate fire facilities
through capital funding.

Capital Improvement Program
Policy c.5. Develop a plan to upgrade or
replace the fire administration building.

Future project
Goal d. Continue to work with various
agencies to provide exemplary educational
facilities in the City of Monterey.

Ongoing
Policy d.1. Work with Monterey Peninsula
Unified School District in school site planning.

Ongoing
Policy d.2. Work with the District on the
reuse of school sites that are no longer
needed.

Ongoing
Policy d.3. Continue to encourage
coordination between the City, military,
Monterey Peninsula Unified School District,
Monterey Peninsula College, and private
schools in the planning of future school
facilities.

Ongoing
Policy d.4. Due to limited land and
resources, continue to encourage shared
facilities and resources among the City,
military, and schools.

Ongoing
The City has a shared use agreement with
the Monterey Peninsula Unified School
District.

Policy d.5. Continue to support joint use
agreements to enable investment in school
district facilities.

Ongoing
The City has a shared use agreement with
the Monterey Peninsula Unified School
District.

Policy d.6. Encourage the retention of
Monterey High School in the downtown core.

Ongoing
Goal e. Support the establishment of a
standing committee made up of
representatives of the Peninsula cities, the
county, and the three military facilities on the
Peninsula. The committee should work on
solutions to public facility issues such as
housing, infrastructure, recreation, and public
works issues.

The City obtained a grant to study
compatibility issues and opportunities
between military installations and
municipalities. Work is nearing completion.

Goal f. Maintain and support the present high
level of cultural facilities and activities in the
City.

A high level of cultural facilities and activities
are maintained.

Policy f.1. Provide adequate library facilities
through the Capital Improvement Program.

Ongoing
Policy f.2. Continue to support cooperation
between the City Library and other libraries in
the region.

Ongoing
Policy f.3. Seek opportunities to provide
additional offsite services and facilities for the
Monterey Conference Center.

The City Conference Center staff cooperates
with offsite venues to expand opportunities
for conferences.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 87, Packet Page 155

EXHIBIT A
78 Policy f.4. Continue to explore opportunities
to create a performing arts center in the City.

Future program
Policy f.5. Work cooperatively with public
and private entities to provide community
meeting space.

Conference Center completed
Policy f.6. Work with State Parks Foundation
to get the historic park facilities open to the
public and maintained operational.

Efforts have been made with moderate
success.

Policy f.7. Continue to work with various
agencies to acquire and restore the State
Theater.

The State Theater is now privately owned
and offers various cultural events.

Acquisition is no longer required.

Goal g. Continue to support the expansion of
health care facilities that provide more
efficient and cost-effective services to local
residents.

Background Information – Proposals
reviewed for consistency as proposed.

Goal h. Comprehensively plan buildings and
parking for the entire Civic Center Campus.

Continue to support improvements to the
Civic Center facilities in keeping with the
City’s needs and financial resources to
improve public access and services.

Background information
Goal i. Promote the improvement of facilities
in the harbor area that will provide services
needed by both Monterey’s fishing industry
and pleasure craft owners.

City regularly maintains its harbor facilities.

Policy i.1. Continue to provide adequate
berthing in the Monterey harbor for fishing
vessels and pleasure craft at prices
competitive with other areas.

Adequate berthing provided. Wait lists do
exist.

Policy i.2. Maintain and enhance adequate
facilities in the harbor area for unloading and
transportation of fish.

City maintains Wharf II for fishing services.

Policy i.3. Support recreational fishing on
Wharf 2.

Completed
Recreational fishing is allowed.

Goal j. Continue to provide excellent park
and recreation opportunities to the
community.

The City provides excellent park and
recreation opportunities to the community.

Policy j.1. Continue to evaluate how and
where to provide services as community
needs evolve over time.

The City created a Parks Master Plan.

Policy j.2. Consider the needs of special
populations when planning park and
recreation opportunities and facilities.

Ongoing
Policy j.3. Continue to coordinate with
outside agencies, such as school districts
and the military, to provide a comprehensive
recreation program.

Ongoing
Policy j.4. Provide adequate maintenance of
existing park and recreation facilities.

The City maintains the existing park and
recreation facilities.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 88, Packet Page 156

EXHIBIT A
79 Policy j.5. Provide for new park and
recreation facilities through capital funding.

Ongoing
Policy j.6. Continue to require new
developments to pay their fair share for park
and recreation facilities and maintenance.

The City Council has eliminated the parks
and recreation fees to promote housing
development.

Goal k. Continue cooperation with the
Monterey Regional Water Pollution Control
Agency to maintain an environmentally
compliant closed system (system that
complies with environmental regulations) that
ultimately allows partial reuse of the
wastewater.

Ongoing
Policy k.1. Encourage measures to promote
proper disposal of pollutants into the sanitary
sewer or hazardous waste facilities rather
than into the storm drainage system.

Ongoing
Policy k.2. Continue inspections of the City’s
sewer pipe system to prioritize maintenance
needs.

Ongoing
Policy k.3. Set sewer fees at a rate sufficient
to maintain and, when necessary, replace the
system.

Ongoing
Goal l. Continue to improve drainage and
urban runoff quality throughout the City and
maintain Monterey’s status as a regional lead
agency for storm water management
programs.

Ongoing
Policy l.1. Set storm drain fees at a rate
sufficient to maintain and, when necessary,
replace and upgrade the system.

Ongoing
Policy l.2. The City of Monterey will comply
with requirements from State regulatory
agencies related to urban runoff quality. This
includes required implementation of the
National Pollution Discharge Elimination
System (NPDES) Phase II six minimum
measures.

Ongoing
Background Information – Proposals
reviewed for consistency as proposed.

Goal m. Develop long-term water supplies
and conservation methods so that there is
sufficient water to implement General Plan
goals.

Adequate water supplies have not yet been
developed to support General Plan goals.

Policy m.1. Develop alternatives for longterm water supply both within and outside the framework of the Water Management District
and the California American Water Company.

The Water Authority was established and met
for several years. It was disbanded as the
Monterey Peninsula Water Management
District undertook a greater role.

Program m.1.1. Establish an independent
task force of Peninsula cities to develop new
and creative sources for long-term water
supplies and conservation methods for the
region.

The Water Authority was established and met
for several years. It was disbanded as the
Monterey Peninsula Water Management
District undertook a greater role.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 89, Packet Page 157

EXHIBIT A
80 Program m.1.2. The task force should meet
with appropriate public and private agencies
to provide water supply necessary to meet
long-term needs within the framework of their
particular rules and constraints.

The Water Authority was established and met
for several years. It was disbanded as the
Monterey Peninsula Water Management
District undertook a greater role.

Program m.1.3. The task force should
evaluate all water supply options.

The Water Authority was established and met
for several years. It was disbanded as the
Monterey Peninsula Water Management
District undertook a greater role.

Program m.1.4. The City and Task Force
should evaluate the potential for City water
utilities for each city or a combination of
cities.

The Water Authority was established and met
for several years. It was disbanded as the
Monterey Peninsula Water Management
District undertook a greater role.

Program m.1.5. Develop and continue
conservation programs to reduce water
consumption, including but not limited to
retrofit, stormwater reuse, water reclamation
programs for golf course and other uses,
greywater reclamation programs for both new
and existing developments. Encourage
conservation and reclamation of water at
military and educational institutions.

The City has implemented multiple water
saving measures at its facilities.

Additional opportunities exist.

Program m.1.6. Encourage property owners
to achieve full or partial independence from
the existing water system (e.g. wells,
cisterns). The City should work with other
government agencies to eliminate rules that
would impede these solutions.

The State of California passed legislation to
prohibit new wells. This is no longer an
option.

Program m.1.7. Encourage landscaping with
drought-resistant native plants in both
existing and proposed public and private
development projects.

Completed
The State of California adopted strict
regulations requiring drought resistant
landscaping and water regulations. The
Monterey Peninsula Water Management
District evaluates each project for compliance
prior to issuance of a building permit.

Program m.1.8. Any water saved or
reclaimed should be under City control for
City re-allocation.

Completed
The City Council allocates water for
affordable housing construction only.

Goal m.2. Encourage Cal-Am to maintain the
City’s water supply system in a good state of
repair to prevent leakage and other water
loss.

Ongoing
Policy m.2. Encourage continued
development of the City’s water supply
system to meet established fire flow
standards (including reservoirs, mains, and
hydrants).

Background Information – Proposals
reviewed for consistency as proposed.

Program m.2.1. Encourage the Water
Management District to work with the City to
provide and improve emergency measures to
Future program
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 90, Packet Page 158

EXHIBIT A
81 insure adequate water, storage and
distribution during disaster circumstances.

Goal m.3. Establish goals, standards and
priorities for water allocation.

Completed
The City Council allocates water for
affordable housing construction only.

Policy m.3.1. Identify the current unmet
community needs that require water, and
establish priorities so that the most essential
land uses are provided for.

Completed
The City Council allocates water for
affordable housing construction only.

Goal n. Continue to provide facilities to
implement cost-effective and incentive-based
recycling programs and education for items
such as yard waste, vehicle oil, food
containers, cardboard, and mixed paper to
divert waste generated by residential and
commercial customers.

Ongoing
Policy n.1. Continue to provide specific
waste reduction and recycling programs for
users, such as manufacturing, restaurant,
business, military, and residential customers.

Ongoing
Policy n.2. Encourage the development of
commercial composting and educational
programs.

The City is implementing the State’s
increased composting regulations. Staff
contacts individual businesses regarding
compliance.

Policy n.3. Implement waste and recycling
enclosure standards for all new
developments and remodels.

Background Information – Proposals
reviewed for consistency as proposed
Goal o. Maintain the existing City buildings
by applying building maintenance standards
that are appropriate based on the age, type
and purpose of the structure.

The City’s Maintenance Division continues to
repair buildings subject to approval of the
annual budget.

Policy o.1. Continue to implement concepts
that promote green buildings and
construction.

The State of California incorporated green
building standards into the State Building
Code. The City’s Building Division is required
to confirm compliance with state
requirements as part of building permit
issuance.

Policy o.2. Provide ongoing and preventative
maintenance in a timely manner.

Ongoing
Adequate maintenance is currently provided.

Goal p. Ensure that adequate space
continues to be available at the City
Cemetery or new facilities.

Ongoing
Policy p.1. Review the City’s Cemetery Plan
periodically and construct facilities as
needed.

As needed
Policy p.2. Support development of a
Veterans Cemetery in the area.

Completed
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 91, Packet Page 159

EXHIBIT A
82 Appendix B – Housing Element Annual Progress Report
Attached as separate document.

Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 92, Packet Page 160

EXHIBIT A
83 Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 93, Packet Page 161

EXHIBIT A
84 Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 94, Packet Page 162

EXHIBIT A
85 Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 95, Packet Page 163 Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
1_23_23
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
580 Pacific Street
Monterey
93940
Please Start Here
General Information
2022
Monterey
Contact Information
Kimberly
Cole
Community Development Director
[email protected]
8316463759
Mailing Address
Annual Progress Report January 2020

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 96, Packet Page 164 Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.

Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.

Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://apr.hcd.ca.gov/APR/login.do Submittal Instructions
Please save your file as Jurisdictionname2022 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2022 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 97, Packet Page 165 Jurisdiction Monterey ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 0 0 10 0 8 0 112 130 109 0 1/12/2001 799 Cannery Row Mackerel Jacks ARP-19-0401 2 to 4 R 12/4/2019 4 4 4 No No 001-064-011 442 Hawthorne Hartman Residence VA-19-0042 SFD O 3/13/2019 1 1 1 No No 011-591-011 22 Spray 22 Spray ARP-19-0084 SFD R 8/21/2019 1 1 1 No No 001-844-002 1230 Sixth 1230 Sixth ARP 18-0431 SFD O 2/6/2019 1 1 1 No No 013-171-014 2200 North Fremont 2200 North Fremont ARP 19-0044 5+ R 4/3/2019 4 4 24 32 32 No No 001-771-013 200 Glenwood 200 Glenwood ARP 17-0503 5+ R 4/8/2019 40 40 40 No No 1/13/2010 851 Cannery Row 851 Cannery Row HP 19-0234 2 to 4 R 7/5/2019 1 1 1 No No 001-031--003 300 Cannery Row 300 Cannery Row ARP 19-021 5+ O 12/21/2019 1 1 8 10 10 No No 001-691-001 595 Munras 595 Munras ARP 18-022 5+ R 1/9/2019 8 8 8 No No 001-953-005 76 Custa Vista 76 Cuesta Vista MBP 18-1823 ADU R 7/24/2019 1 1 1 No No 001-322-011 3 El Camino Del
Norte 3 El Camino Del Norte MBP 17-0879 ADU R 6/13/2019 1 1 1 No No
001-912-003 40 Cielo Vista 40 Cielo Vista MBP17-1669 ADU R 1/24/2019 1 1 1 No No 001-173-006 821 Filmore 821 Filmore MBP 17-2270 ADU R 4/2/2019 1 1 1 No No 001-141-002 575 Oak 575 Oak MBP 18-0717 ADU R 8/8/2019 1 1 1 No No 001-726-010 491 Webster 491 Webster MBP-17-1153 ADU R 6/19/2018 1 1 1 No No 001-483-014 923 Fountain 923 Fountain MBP-18-0570 ADU R 5/11/2018 1 1 1 No No 001-346-001 1008 Jefferson 1008 Jefferson MBP-19-1443 ADU R 9/20/2019 1 1 1 No No 001-302-002 71 Via del Rey 71 Via del Rey MBP-19-1938 ADU R 1/23/2020 1 1 1 No No 014-101-007 7 Greenwood Rise 7 Greenwood Rise MBP-19-2091 ADU R 12/4/2019 1 1 1 No No 001-391-013 490 Monroe 490 Monroe MBP-19-2147 ADU R 1/14/2020 1 1 1 No No 001-134-015 770 Cypress 770 Cypress MBP-19-2185 ADU R 1/2/2020 1 1 1 No No 001-956-020 244 Mar Vista 244 Mar Vista MBP-20-0387 ADU R 6/11/2020 1 1 1 No No 013-104-017 425 S Palo Verde 425 S Palo Verde MBP-19-0533 ADU R 10/15/2019 1 1 1 No No 001-922-008 43 Sierra Vista 443 Sierra Vista MBP-19-0827 ADU R 9/12/2019 1 1 1 No No 001-512-019 499 Madison 499 Madison MBP-19-1556 ADU R 7/18/2019 1 1 1 No No 001-971-015 35 Wellings 35 Wellings MBP-19-2207 ADU R 2/19/2020 1 1 1 No No 001-474-003 940 Alameda 940 Alameda MBP-19-2255 ADU R 11/26/2019 1 1 1 No No 001-3354-004 920 Margaret 920 Margaret MBP-19-2262 ADU R 9/23/2020 1 1 1 No No 001-134-007 715 Lily 715 Lily MBP-19-2465 ADU R 3/25/2020 1 1 1 No No 001-113-022 440 Pine 440 Pine MBP-19-2531 ADU R 1/21/2020 1 1 1 No No 001-062-014 541 Foam 541 Foam MBP-19-2581 ADU R 12/21/2020 1 1 1 No No 001-464-009 31 Via Ventura 31 Via Ventura MBP-20-0134 ADU R 2/18/2020 1 1 1 No No 001-715-006 464 Cortes 464 Cortes MBP-20-0761 ADU R 10/8/2020 1 1 1 No No 001-453-019 98 Via Encanto 98 Via Encanto MBP-20-0822 ADU R 9/25/2020 1 1 1 No No Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica
10 Housing Development Applications Submitted

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 98, Packet Page 166 Jurisdiction Monterey ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Table A2
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 33 33 0 0 0 0 0 0 29 29 0 0 1 0 1 0 23 25 0 0 3 0 001-322-011 3 El Caminito Del
Norte
3 El Caminito Del
Norte MBP 17-0879 ADU R 1 7/19/2017 1 1 7/19/2017 1 1 6/13/2019 1 N 001-912-003 40 Cielo Vista 40 Cielo Vista MBP-17-1669 ADU R 1 7/19/2017 1 1 7/19/2017 1 1 6/13/2019 1 N 001-173-006 821 Filmore 821 Filmore MBP-17-2270 ADU R 1 11/6/2018 1 1 11/6/2018 1 1 4/3/2019 1 N 001-141-002 575 Oak 575 Oak MBP-18-0717 ADU R 1 2/8/2019 1 1 2/8/2019 1 1 8/8/2019 1 N 001-953-005 76 Custa Vista 76 Custa Vista MBP-18-1823 ADU R 1 10/8/2018 1 1 10/8/2018 1 1 7/24/2019 1 N 101-091-026 103 Flaff Hill 103 Flaff Hill MBP-18-2593 SFD O 1 10/4/2018 1 1 3/21/2019 1 1 9/20/2019 1 N 001-482-003 441 Colton 441 Colton B07-0403 SFD O 1 6/8/2017 1 1 1/17/2019 1 1 3/8/2019 1 N 001-352-016 909 Wainwright 909 Wainwright MBP-17-1237 SFD O 1 6/8/2017 1 1 12/7/2017 1 1 5/15/2019 1 N 001-612-008 66 Punta Perdido 66 Punta Perdido MBP-17-1511 ADU R 1 6/8/2017 1 1 7/24/2018 1 1 12/30/2019 1 N 1/12/2001 799 Cannery Row 799 Cannery Row ARP-19-0401 2 to 4 R 4 12/12/2019 4 0 0 N 001-064-011 442 Hawthorne 442 Hawthorne VA-19-0042 SFD O 1 2/7/2019 1 1 8/15/2019 1 1 7/20/2020 1 N 011-591-011 22 Spray 22 Spray ARP-19-0084 SFD O 1 8/23/2019 1 0 0 N 001-844-002 1230 Sixth 1230 Sixth ARP-18-0431 SFD O 1 2/20/2019 1 1 3/1/2020 1 0 N 013-171-014 2200 North
Fremont 2200 North Fremont ARP-19-0044 5+ R 4 4 24 4/8/2019 32 0 0 N DB Deed Restriction 001-771-013 200 Glenwood 200 Glenwood MBP-19-0584 5+ R 40 4/8/2019 40 40 3/1/2021 40 0 N 1/13/2010 851 Cannery Row 851 Cannery Row HP-19-0234 2 to 4 R 1 7/5/2019 1 0 0 N 001-031--003 300 Cannery Row 300 Cannery Row ARP-19-0201 5+ O 1 1 8 6/17/2019 10 0 0 N DB Deed Restriction 001-691-001 595 Munras 595 Munras MBP-18-2543 5+ R 1 1 8 1/31/2019 10 1 1 8 9/13/2019 10 1 1 8 6/16/2022 10 0 N DB Deed Restriction 001-953-005 76 Cuesta Vista 76 Cuesta Vista MBP 18-1823 ADU R 1 7/19/2017 1 1 7/19/2017 1 1 6/13/2019 1 N 001-322-011 3 El Camino Del
Norte
3 El Camino Del
Norte MBP-17-0879 ADU R 1 7/19/2019 1 1 7/19/2017 1 1 6/13/2019 1 N 001-912-003 40 Cielo Vista 40 Cielo Vista MBP-17-1669 ADU R 1 10/31/2017 1 1 10/31/2017 1 1 1/24/2019 1 N 001-173-006 821 Filmore 821 Filmore MBP-17-2270 ADU R 1 11/6/2018 1 1 11/6/2018 1 1 4/3/2019 1 N 001-141-002 575 Oak 575 Oak MBP-18-0717 ADU R 1 2/8/2019 1 1 2/8/2019 1 1 8/8/2019 1 N 001-726-010 491 Webster 491 Webster MBP-17-1153 ADU R 1 6/19/2018 1 1 6/19/2018 1 1 7/7/2020 1 N 001-483-014 923 Fountain 923 Fountain MBP-18-0570 ADU R 1 5/11/2018 1 1 5/11/2018 1 1 5/18/2020 1 N 001-346-001 1008 Jefferson 1008 Jefferson MBP-19-1443 ADU R 1 9/20/2019 1 1 9/20/2019 1 1 12/31/2020 1 N 001-302-002 71 Via del Rey 71 Via del Rey MBP-19-1938 ADU R 1 1/23/2020 1 1 1/23/2020 1 1 3/12/2020 1 N 014-101-007 7 Greenwood Rise 7 Greenwood Rise MBP-19-2091 ADU R 1 12/4/2019 1 1 12/4/2019 1 1 3/16/2020 1 N 001-391-013 490 Monroe 490 Monroe MBP-19-2147 ADU R 1 1/14/2020 1 1 1/14/2020 1 1 7/9/2020 1 N 001-134-015 770 Cypress 770 Cypress MBP-19-2185 ADU R 1 1/2/2020 1 1 1/2/2020 1 1 6/17/2020 1 N 001-956-020 244 Mar Vista 244 Mar Vista MBP-20-0387 ADU R 1 6/11/2020 1 1 6/11/2020 1 1 12/18/2020 1 N 013-104-017 425 S Palo Verde 425 S Palo Verde MBP-19-0533 ADU R 1 10/15/2019 1 1 10/15/2019 1 1 10/11/2021 1 N 001-922-008 43 Sierra Vista 443 Sierra Vista MBP-19-0827 ADU R 1 9/12/2019 1 1 9/12/2019 1 1 7/28/2021 1 N 001-512-019 499 Madison 499 Madison MBP-19-1556 ADU R 1 7/18/2019 1 1 7/18/2019 1 1 4/16/2021 1 N 001-971-015 35 Wellings 35 Wellings MBP-19-2207 ADU R 1 2/19/2020 1 1 2/19/2020 1 0 N 001-474-003 940 Alameda 940 Alameda MBP-19-2255 ADU R 1 11/26/2019 1 1 11/26/2019 1 1 7/15/2021 1 N 001-3354-004 920 Margaret 920 Margaret MBP-19-2262 ADU R 1 9/23/2020 1 1 9/23/2020 1 1 5/25/2021 1 N 001-134-007 715 Lily 715 Lily MBP-19-2465 ADU R 1 3/25/2020 1 1 3/25/2020 1 0 N 001-113-022 440 Pine 440 Pine MBP-19-2531 ADU R 1 1/21/2020 1 1 1/21/2020 1 0 N 001-062-014 541 Foam 541 Foam MBP-19-2581 ADU R 1 12/21/2020 1 1 12/21/2020 1 1 9/8/2022 1 0 N Y 001-464-009 31 Via Ventura 31 Via Ventura MBP-20-0134 ADU R 1 2/18/2020 1 1 2/18/2020 1 0 0 N 001-715-006 464 Cortes 464 Cortes MBP-20-0761 ADU R 1 10/8/2020 1 1 10/8/2020 1 0 0 N 001-453-019 98 Via Encanto 98 Via Encanto MBP-20-0822 ADU R 1 9/25/2020 1 1 9/25/2020 1 1 6/30/2022 1 0 N Y 001-374-008 250 Monroe 250 Monroe MBP-20-0565 ADU R 1 12/31/2020 1 1 12/31/2020 1 1 3/15/2021 1 0 N 001-715-006 464 Cortes 464 Cortes MBP-20-0761 ADU R 1 10/8/2020 1 1 10/8/2020 1 1 7/6/2021 1 0 N 001-403-005 538 Watson 538 Watson MBP-20-0882 ADU R 1 10/21/2020 1 1 10/21/2020 1 1 7/22/2021 1 0 N 001-331-012 1013 Jefferson 1013 Jefferson MBP-21-0163 ADU R 1 3/29/2021 1 1 3/29/2021 1 1 9/14/2021 1 0 N 001-453-021 987 Colton 987 Colton MBP-21-1075 ADU R 1 8/17/2021 1 1 8/17/2021 1 1 8/23/2021 1 0 N 001-165-004-000 671 Alice Street 671 Alice MBP-20-1128 ADU R 1 5/5/2022 1 1 5/5/2022 1 0 0 N Y 001-055-014-000 260 Laine St 260 Laine MBP-20-1605 ADU R 1 6/10/2022 1 1 6/10/2022 1 0 0 N 001-092-003-000 557 Laine St 557 Laine MBP-21-0061 ADU R 1 5/10/2022 1 1 5/10/2022 1 0 0 N 001-371-012-000 365 Clay St 365 Clay MBP-21-0061 ADU R 1 5/19/2022 1 1 5/19/2022 1 0 0 N 013-071-006-000 422 Casanova Ave 422 Casanova MBP-21-0660 ADU R 1 1/19/2022 1 1 1/19/2022 1 0 0 N 001-982-006-000 501 Toyon Dr 501 Toyon MBP-21-0727 ADU R 1 6/23/2022 1 1 6/23/2022 1 0 0 N 013-093-026-000 130 Encina Ave. 130 Encina MBP-21-1235 ADU R 2 1/6/2022 2 2 1/6/2022 2 2 2/13/2023 2 0 N Y 001-114-016-000 971 McClellan Ave 971 McClellan MBP-21-1534 ADU R 1 2/10/2022 1 1 2/10/2022 1 0 0 N 013-261-019-000 37 Ralston Dr. 37 Ralston MBP-21-1830 ADU R 1 10/14/2022 1 1 10/14/2022 1 0 0 N 101-061-010-000 7 Abinante Way 7 Abinante MBP-22-0263 ADU R 1 9/22/2022 1 1 9/22/2022 1 0 0 N 013-052-019-000 301 Virgin Ave 301 Virgin MBP-22-0346 ADU R 1 6/17/2022 1 1 6/17/2022 1 1 11/4/2022 1 0 N Y 001-622-009-000 1 Ave Maria Rd 1 Ave Maria MBP-22-0460 ADU R 1 9/15/2022 1 1 9/15/2022 1 1 2/2/2023 1 0 N Y 013-174-023-000 237 Lerwick Dr 237 Lerwick MBP-22-0486 ADU R 1 9/15/2022 1 1 9/15/2022 1 0 0 N 001-751-072-000 1100 Alta Mesa Rd 1100 Alta Mesa MBP-22-0521 ADU R 1 10/11/2022 1 1 10/11/2022 1 1 11/17/2022 1 0 N Y 001-134-015-000 770 Cypress St 7700 Cypress MBP-22-0604 ADU R 1 10/21/2022 1 1 10/21/2022 1 0 0 N Y 001-186-012-000 823 Lyndon St 823 Lyndon MBP-22-0856 ADU R 1 11/4/2022 1 1 11/4/2022 1 0 0 N 001-371-007-000 354 Monroe St 354 Monroe MBP-22-0857 ADU R 1 10/4/2022 1 1 10/4/2022 1 0 0 N 001-122-009-000 844 Pine St 844 Pine MBP-22-0939 ADU R 1 9/16/2022 1 1 9/16/2022 1 0 0 N 001-743-009-000 817 Via Mirada 817 Via Mirada MBP-20-0186 ADU R 1 3/1/2022 1 1 3/1/2021 1 1 2/23/2022 1 0 N Y 013-103-035-000 20 Del Robles 20 Del Robles MBP-20-0569 ADU R 1 1/4/2021 1 1 1/4/2021 1 1 2/9/2022 1 0 N Y 001-333-004-000 957 Johnson St 957 Johnson MBP-20-0861 ADU R 1 6/7/2021 1 1 6/7/2021 1 1 2/15/2022 1 0 N Y 001-632-015-000 80 Via Encina 80 Via Encina MBP-20-1223 ADU R 1 11/24/2021 1 1 11/24/2021 1 1 8/26/2022 1 0 N Y 001-362-021-000 610 Scott 610 Scott MBP-21-0275 ADU R 1 5/12/2021 1 1 5/12/2021 1 1 9/14/2022 1 0 N Y 013-055-018-000 328 Virgin Ave 328 Virgin MBP-21-0415 ADU R 2 11/15/2021 2 1 11/15/2021 1 2 1/27/2022 2 0 N Y 013-052-019-000 301 Virgin Ave 301 Virgin MBP-22-0346 ADU R 1 6/17/2022 1 1 6/17/2022 1 1 11/14/2022 1 0 N Y 001-751-072-000 1100 Alta Mesa Rd 1100 Alta Mesa MBP-22-0521 ADU R 1 10/11/2022 1 1 10/11/2022 1 1 11/17/2022 1 0 N Y 001-066-007-000 601 Lighthouse
Avenue 601 Lighthouse MBP-20-1636 2 to 4 R 4 3/24/2022 4 1 3/24/2022 1 0 0 N Y 001-574-026-00 473 Alvarado St 473 Alvarado MBP-21-1242 2 to 4 R 4 1/24/2022 4 4 1/24/2022 4 0 0 N Y 001-712-010-000 537 Anthony St 537 Anthony MBP-21-1526 2 to 4 R 1 10/10/2022 1 1 10/10/2022 1 0 0 N Y 013-025-025-000 11 Portola Avenue 11 Portola MBP-21-1600 SFD O 1 3/21/2022 1 1 3/21/2022 1 0 0 N Y 1 Demolished O 001-120-011-000 810 McClellan
Avenue 810 McClellan MBP-22-0760 SFD O 1 8/26/2022 1 1 8/26/2022 1 0 0 N Y 1 Demolished O 001-714-005-000 606 Anthony St 606 Anthony MBP-18-2325 SFD O 1 3/21/2019 1 1 3/21/2019 1 1 3/21/2022 1 0 N Y 011-463-033-000 125 Dunecrest Ave 125 Dunecrest MBP-19-2570 SFD O 1 10/28/2020 1 1 10/28/2020 1 1 2/10/2022 1 0 N Y 1 Demolished O 0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 99, Packet Page 167 Jurisdiction Monterey ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
1 Projection Period 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - - 19 - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - 2 - - - - - - - -
Above Moderate 272 - 55 2 10 4 3 13 2 29 - 118 154
650
- 57 2 29 4 3 13 2 29 - 139 511
5 6 7
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date Total Units
Remaining
79 - - - - - - - - - - 79
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
117
19 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
2 Moderate
157
102
119
Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
138
102
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 100, Packet Page 168 Jurisdiction Monterey ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 101, Packet Page 169 Jurisdiction Monterey
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program a.1.1. The City
will continue to update its
list of larger developable
sites and contact property
owners to determine
opportunities for housing
construction. There will be
an emphasis on
constructing housing
types that provide mixedincome and large family
ownership opportunities.
n/a 2015-2023 Completed
Program a.1.2. Maintain
existing single-family
zoning throughout the
City. Rezoning of singlefamily land to other uses
should not occur without
findings that the proposed
use is more beneficial to
the City than retaining
single-family ownership
opportunities.
n/a 2015-2023 Completed
No single-family properties have been rezoned.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 102, Packet Page 170 Program a.1.3. Continue to
create and adopt
development standards for
mixed use areas that have
development potential for
new housing units.
n/a Adopt Lighthouse Specific
Plan by December 2016. Completed
Program a.1.4. Continue to
work with the major
employers in Monterey
and the region to provide
targeted homeownership
opportunities for
employees (see Programs
h.1.1 and h.1.2).
n/a 2015-2023
Progress continues
Middlebury Insititute constructed a new housing project for students at 787 Munras. The dormintory houses 85 students and 2 resident assistants.

Program a.1.5. Monitor and
evaluate the use permit
process for new multifamily projects in the R-3
and Commercial districts
to determine whether the
process qualifies as a
constraint to residential
development. Identify
strategies to be
implemented by the City to
remove any constraint
identified by the
evaluation. Provide a
summary of the evaluation
(and strategies, if
identified) to HCD as a part
of the City’s annual
reporting requirement.
n/a 2015-2023
Progress continues.

Lack of water supply continues to be significant constraint to development. Staff has contacted the Monterey Peninsula Water District and State Water Resources Control Board about relaxing Condition #2 of Cease and Desist Order. The State Water Resources Control Board denied this request. Little progress has been made.

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 103, Packet Page 171 Program a.2.1. The City
will continue allowing
additional floor area for
single-family homes and
eliminate additional
parking requirements with
building upgrades for
historic properties.
n/a Ongoing Completed. Zoning allows flexibility.

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 104, Packet Page 172 Program a.2.2. Begin
process for determining
whether City can reduce
the minimum lot size for
single-family subdivisions
on existing R-3 lots to
increase the stock of
affordable housing, while
retaining the existing
house where one is
present and retaining
neighborhood character.

The program may use
condominium, townhouse,
or detached form of
housing units and shall
utilize design and
construction methods to
maximize privacy and
minimize sound
transmission.

Program a.2.3. Evaluate
the Down Payment
Assistance Progam to
determine if it will be
practical to assign the
City's purchase option to
qualified buyers,
investigate opportunities
to increase Down Payment
Assistance loans for
equity sharing for
n/a Amend Zoning Code by
June 2016
Future program
New ADU laws became effective to allow additional units. The Monterey City Code was amended in 2022 to incorporate the new state ADU laws.

The City restarted the Downpayment Assistance Program in 2020. In 2022, two new Down Payment Assistance loans, one totaling $36,750 and the second totaling $35,560.09, were given to qualified buyers through the City's Purchase and Resale Program.

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 105, Packet Page 173 Program b.1.1. Maintain
multi-family densities at 30
units per acre in the R-3
zone, specific plan areas,
and in commercial zones
with the potential for
density bonuses as
outlined in Program i.1.2.
n/a 2014-2023
Completed.

Densities have been increased in some specific plan areas to 100 du/acre or no limit on an individual site if overall density for an area is not achieved.

Program b.1.2. Assist the
Housing Authority,
nonprofit agencies, and
private developers in
providing extremely low-,
low-, and very low-income
housing as opportunities
become available, using
the current Housing
Element as a basis for
action.
n/a Ongoing
Progress continues. City has issued an RFP for 100% affordable housing developments on City owned sites. Multiple proposals were received. In 2022, the City Council authorized the City Manager to execute a loan with MidPen Housing to secure a loan and guarantee a loan obligation for an affordable hosuing project at 587 and 593 Van Buren Street and 424 and 450 Madison Street.

Program b.1.3. Evaluate
the existing allocation of
Housing Choice Vouchers
and encourage and
support the Housing
Authority and private
market landlords to
expand utilization of the
Housing Choice Voucher
program.
n/a 2014-2023 Future program
Program b.1.4. The City
will encourage affordable
rents by providing
brochures that outline the
City’s Voluntary Rental
Guidelines, but discourage
citywide rent control.
n/a 6/1/2016 Completed
New rental guidelines approved.

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 106, Packet Page 174 Program b.1.5. Continue to
require a minimum 5,000-
square-foot lot size for
new apartment
developments.
n/a 2014-2023 Completed
Program c.1.1. Encourage
larger units with two or
more bedrooms and open
spaces with sufficient area
for children’s play in R-3
developments. The City
will conduct a
comprehensive review and
revision of the current
parking requirement to
determine the feasibility of
requiring at least one-third
of any housing
development over three
units to provide two or
more bedrooms. All
housing projects will
continue to be required to
provide open space to give
residents an opportunity
for outside activities.
n/a 6/1/2016 Future program

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 107, Packet Page 175 Program c.1.2. Encourage
the Housing Authority and
for-profit and nonprofit
developers to build
affordable housing for
families with children
whenever possible. The
City will discuss family
housing needs with
potential developers and
the financial and
processing incentives that
are available.
n/a 2015-2023 as projects are
approved
Progress continues. In 2021, staff met with multiple developers to discuss this opportunity in a recently rezoned area along Garden Road. Garden Road was previously only available for light industrial and office development. The City Council adopted zoning changes to allow multi-family residential. Many of these developers seem interested in larger residential units due to water limitations.

Since 2020, the City has approved entitlements for 180 housing units. These housing units were either retrofits of existing buildings or new construction. Of the 180 housing units, 89 were entitled in 2022.

Program d.1.1. Provide
emergency major repair
assistance to low- and
moderate-income
households.
5 households 2015-2023 The City assisted two households this year.

Program d.1.2. Provide
rehabilitation assistance in
the form of: major
rehabilitation loans,
emergency repair loans
and home safety repair
grants.
5 households 2015-2023 The City assisted four households.

Program d.1.3. Continue
the “Mr. Fixit” program to
provide emergency repair
assistance, weatherization
and energy retrofits to an
average of 10 units per
year.
5 households 2015-2023 In 2022, the City assisted four households.

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 108, Packet Page 176 Program d.2.1. Investigate
the option of purchasing
inclusionary housing units
or other units to replace
them. Investigate
programs, nonprofit
sponsors, and funding
sources to retain lowerincome housing units at
risk of conversion to
market-rate rents.

Not quantified Review annually Ongoing
The City operates an effective Purchase and Resale Program.

Program d.2.2. Maintain
the affordability of lowand moderate- income
rental units under the
Inclusionary Housing
Program through the use
of deed restrictions and
continue to implement the
Purchase and Resale
Program for owneroccupied inclusionary
units.

Not quantified 2015-2023
Ongoing.

The City's Ordinance requires new inclusionary housing units to be preserved in perpetuity with a recorded deed restriction. The City purchased and resold 4 units in 2022 through the Purchase and Resale Program.

Program d.2.3. Continue to
monitor at-risk units and
gauge interest in renewal
through individual
contacts and surveys.

Meet with property owners
to strategize what package
of incentives would retain
the affordable units.

Not quantified. Annually contact property
owners.

The City operates an effective Purchase and Resale Program. In 2022, the City purchased four units as part of the Purchase and Resale program.

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 109, Packet Page 177 Program d.2.4. The City
will continue to explore
with local non-profits and
other affordable housing
developers strategies and
financing alternatives that
can be employed to
produce new affordable
extremely low, low and
very low-income housing
in the community.

Not quantified Meet with local nonprofits
City issued an RFP for 100% affordable housing developments on City owned sites. In 2022, the City authorized an Exlusive Negotiating Agreement with MidPen Housing for development of affordable housing at 587 and 593 Van Buren St, 424 and 450 Madison Street. The City also received a Permanent Local Housing Allocation grant award in Permanent Local Housing Allocation Funds for the affordable hosuing project at Van Buren and Madison Streets. These funds will be used for predevelopment costs related to affordable housing (low income housing) at this site.

Program d.2.5. Prioritize
funding or acquire funding
to assist nonprofits to
purchase units that may
be lost from the
Inclusionary Program or to
acquire replacement units.

Not quantified Meet with local nonprofits
Ongoing. The City operates an effective Purchase and Resale Program. The City purchased and resold four units in 2022 through the Purchase and Resale program.

Program d.2.6. Analyze the
feasibility of utilizing a Citysponsored rental
rehabilitation program to
encourage at-risk units to
be retained.

Not quantified Determine feasiblity by
June 2010 Future program
Program d.2.7. Implement
a program to reduce,
waive, or subsidize local
fees associated with
preservation or
replacement of at-risk
units.
n/a 1/1/2017 Completed
No fees

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 110, Packet Page 178 Program e.1.1. Cooperate
in countywide fair housing
activities and federal
government programs that
emphasize educational
and counseling activities.
n/a 2015-2023
Completed
The City worked cooperatively with Monterey County on an Analysis of Impediments to Fair Housing Choice (Regional AI) study.

Echo provides fair housing services to the City of Monterey and other jurisdictions in Monterey County.

Program e.1.2. Provide
contract fair housing
mediation for all fair
housing complaints and
questions. Advertise fair
housing mediation
services. Notify social
service agencies of
programs. Advertise
programs consistent with
the City’s Housing
Consolidated Plan.
n/a 2015-2023 Ongoing
City contracts with ECHO fair housing services.

Program e.1.3. Distribute
available housing
subsidies to sites
throughout the City to
avoid concentrations of
subsidized housing.

Inclusionary housing units
should be built on the site
of market-rate housing.

Inclusionary housing
should be compatible with
the surrounding
neighborhood.
n/a 2015-2023
Ongoing
City rehabilitation funds are distributed citywide based on applications received.

Inclusionary housing program is citywide requirement for all developments exceeding 5 units. A concentration of subsidized housing is not being created.

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 111, Packet Page 179 Program e.1.4. Continue to
provide online
applications for the City’s
Purchase and Resale
program waiting list to
market affordable housing
units on the City’s website.

Not quantified 2015-2023 Completed
Program e.1.5. Continue to
provide service referrals to
rental assistance,
ownership assistance,
homeless assistance, and
general community
services.

Nof quanitifed 2015-2023 The City referred households to United Way who administered the regional rental assistance program in 2022.

Program e.1.6. Continue to
distribute Housing Choice
Voucher applications at
the City’s Housing
Division and have staff
available to help
applicants with the
process.
n/a Ongoing Completed
Applications available
Program f.1.1. Provide for
needs of special housing
needs groups by
complying with ADA
regulations in reviewing
private development
projects and in Cityassisted housing projects.
n/a 2015-2023 Ongoing

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 112, Packet Page 180 Program f.1.2. Market lowand moderate-income
housing programs through
the use of direct
advertising including, but
not limited to, the City’s
website, referrals,
brochures, newspapers,
and other media.
n/a 6/1/2016 Ongoing
Program f.1.3. Encourage
the schools, students, and
senior citizen groups to
pursue roommate
matching service to take
advantage of underutilized
homes in Monterey.
n/a 2015-2023 Future program
Program f.1.4. Develop a
program of emergency
grants or loans to assist
low-income households
that are threatened with
eviction. Provide funds on
a one-time basis to assist
households that could
remain in their rental
housing units if back rent
is paid.
n/a 2015-2023 The City referred households to United Way who administered the regional rental assistance program in 2022.

Program f.1.5. Continue to
provide City assistance to
nonprofit providers of
services and temporary
housing to Monterey
homeless.
n/a Ongoing Completed
Public service grants provided annually through a competitive process.

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 113, Packet Page 181 Program f.1.6. Amend the
City’s Zoning Code to
provide individuals with
developmental disabilities
reasonable
accommodation in rules,
policies, practices, and
procedures that may be
necessary to ensure equal
access to housing. The
purpose of this is to
provide a process for
individuals with
disabilities to make
requests for reasonable
accommodation in regard
to relief from the various
land use, zoning, or
building laws of the City.

As part of this program,
the City will appoint a staff
person to work with
disabled persons who are
proposing improvements
to accommodate their
needs. The purpose is to
streamline the permit
review process if needed.
n/a 6/1/2016 Completed

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 114, Packet Page 182 Program f.1.7: Work with
the San Andreas Regional
Center in Salinas to
implement an outreach
program that informs
families within the City on
housing and services
available for persons with
developmental disabilities.

Such collaboration should
include development of an
informational brochure
and information on
services on the City’s
website, and providing
housing-related training
for individuals/families
through workshops.
n/a 1/1/2017 Completed

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 115, Packet Page 183 Program f.1.8: Develop a
program to provide rental
assistance to fill the gap
between income levels and
the cost of housing for
persons with
Developmental
Disabilities. The program
will include the following
steps: Step One: Work
with the regional center to
identify the housing needs
of the clients and assist in
identifying available
housing that meets those
criteria. Step Two: Identify
the gaps that limit access
to housing for persons
with developmental
disabilities (i.e. financial,
accessibility). Step Three:

Develop Guidelines and
market program
n/a 1/1/2017 The City referred households to United Way who administered the regional rental assistance program in 2022.

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 116, Packet Page 184 Program f.1.9: Explore
models to encourage the
creation of housing for
persons with
developmental disabilities
and implement a program
by 2017. Such models
could include assisting in
housing development
through the use of setasides, scattered site
acquisition, new
construction, and pooled
trusts; providing housing
services that educate,
advocate, inform, and
assist people to locate and
maintain housing; and
models to assist in the
maintenance and repair of
housing for persons with
developmental disabilities.

The City shall also seek
State and Federal monies
for direct support of
housing construction and
rehabilitation specifically
targeted for housing for
persons with disabilities.
10 persons 1/1/2017
Progress continues. City issued an RFP for 100% affordable housing developments on City owned sites. Multiple proposals were received. In 2022, the City authorized an Exlusive Negotiating Agreement with MidPen Housing for development of affordable housing at 587 and 593 Van Buren St, 424 and 450 Madison Street. The City also received a Permanent Local Housing Allocation grant award in Permanent Local Housing Allocation Funds for the affordable hosuing project at Van Buren and Madison Streets. These funds will be used for predevelopment costs related to affordable housing (low income housing) at this site.

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 117, Packet Page 185 Program f.1.10. Pursuant
to Senate Bill 2, the City
will amend the Zoning
Ordinance to allow
emergency shelters as a
permitted use in a newly
created overlay zone along
Del Monte Avenue east of
the Naval Postgraduate
School, which has vacant
and underutilized parcels
and is close to transit
corridors and close to
services. The City will
create this overlay zone
with specific development
standards for emergency
shelters. In addition, the
City will evaluate adopting
development and
managerial standards that
will be consistent with
Government Code Section
65583(a)(4). These
standards may include
such items as:
• Lighting;
• On-site management;
• Maximum number of
beds or persons to be
served nightly by the
facility;
n/a 6/1/2016 Completed

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 118, Packet Page 186 Program f.1.11. Pursuant
to Senate Bill 2, the City
must explicitly allow both
supportive and transitional
housing types in all zones
that allow residential uses
and treated the same as
any other housing type in
the same zone. The City
shall update its Zoning
Ordinance to include
separate definitions of
transitional and supportive
housing as defined in
Health and Safety Code
Sections 50675.2 and
50675.14. Both transitional
and supportive housing
types will be allowed as a
permitted use in all zones
where residential uses are
allowed, subject to only
the same restrictions on
residential uses contained
in the same type of
structure.
n/a 6/1/2016 Partially completed. Additional amendments required for residential districts.

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 119, Packet Page 187 Program f.1.12. To support
the development of
housing affordable to
extremely low-income
households, the City shall
apply for state and federal
funding and grant priority
to projects that include
units affordable to
extremely low- income
households, such as
SROs.
n/a 2016-2023
Ongoing
Van Buren Senior Housing Project and Monterey Hotel Apartments have been completed and are occupied.

Program f.1.13. The City
will support regional
efforts to ensure that the
need for farmworker
housing is met at a
regional level. The City will
also analyze zoning
ordinance on a regular
basis for compliance with
and Safety Code Sections
17021.5 and 17021.6.
n/a 2016-2023 Completed
Program f.1.14. The City
will support regional
efforts and pursue the
following to create
adequate supportive
housing for the
community.
n/a 2016-2023 Future program

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 120, Packet Page 188 Program g.1.1. Retain the
zoning capacity to meet
the AMBAG fair share
housing goal between
January 1, 2015, and July
30, 2023. Retain the
opportunity to construct
the remaining fair-share
requirement of 157 very
low-, 102 low-, 119
moderate-, and 272 above
moderate-income housing
units with excess zoning
capacity for housing in
mixed-use areas,
apartments in commercial
zones, and apartments in
R-3 zones.
n/a 2015-2023 Completed
Zoning retained.

Program g.1.2. Encourage
exceptional design and
innovative solutions for
housing style, through the
implementation of the
Downtown and North
Fremont specific plans.

The City will soon adopt a
specific plan for the
Lighthouse area, another
mixed-use/transit- oriented
development
neighborhood.
n/a 2015-2023 Ongoing implementation.

All specific plans have been adopted, including Lighthouse Avenue.

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 121, Packet Page 189 Program g.1.3. The City
will actively support the
redevelopment of
underutilized mixed-use
sites to meet the City’s
RHNA allocation and to
provide additional
affordable housing
opportunities throughout
the City near transit stops,
jobs, and services. The
City will assist in the
development of these
underutilized sites by
offering the following
assistance:
- The City will post a listing
of underutilized sites on
the City’s website and
provide this list of sites to
developers interested in
developing mixed-use
projects in the City.
- The City will, where
appropriate and when
funds are available, assist
with the development of
affordable housing
projects on these
underutilized sites.
- The City will also provide
technical assistance with
n/a 2015-2023 Ongoing.

Underutilized site list provided on City website.

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 122, Packet Page 190 Program h.1.1. Encourage
workforce housing
programs for major
Monterey employers,
utilizing land and other
resources available to
those employers that
could be devoted to
workforce housing.

Develop a program where
land costs are removed or
reduced as a cost of
housing. Provide both
owner and renter housing
with a requirement for
permanent cost
reductions.
n/a 2015-2023
City issued an RFP for 100% affordable housing developments on City owned sites. In 2022, the City authorized an Exlusive Negotiating Agreement with MidPen Housing for development of affordable housing at 587 and 593 Van Buren St, 424 and 450 Madison Street. The City also received a Permanent Local Housing Allocation grant award in Permanent Local Housing Allocation Funds for the affordable hosuing project at Van Buren and Madison Streets. These funds will be used for predevelopment costs related to affordable housing (low income housing) at this site.

Program h.1.2. Encourage
workforce housing
programs by the City of
Monterey for Monterey
City employees.
n/a 2017 Future program
Program h.1.3. Utilize
zoning tools such as
Planned Unit
Developments and
Planned Community
Zoning to provide
flexibility in designing infill
housing on larger
development sites.
n/a 2015-2023 Ongoing implementation. Zoning Code allows this flexibility.

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 123, Packet Page 191 Program i.1.1. Continue to
encourage mixeduse/transit-oriented
projects in the specific
plan areas that include
affordable units by
offering height and
parking exceptions to
affordable housing
projects.
n/a 2015-2023 City amended the Density Bonus Ordinance to provide additional incentives.

Program i.1.2 Continue to
allow density bonuses, as
appropriate. Amend the
zoning ordinance to state
that: - Density bonuses of
up to 35 percent may be
allowed for projects that
exceed City inclusionary
housing percentages or
the state-mandated criteria
for low-income, moderateincome, and special-needs
housing; - Projects that
receive density bonuses
shall maintain affordability
for the life of the project.
n/a Amend Ordinance by 2016 Completed
Program i.1.3. If new water
is available for future
allocation, the City shall
give preference to projects
meeting fair-share housing
goals.
n/a 2015-2023 Completed

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 124, Packet Page 192 Program i.1.4. Develop
alternatives for long-term
water supply both within
and outside the framework
of the Water Management
District and the California
American Water Company.
n/a 2015-2023 City has actively participated in a regional water supply project. Water has yet to be secured.

Program i.1.5. The City is
committed to ensuring that
there is enough water to
meet the needs of all new
residential units within the
2015-2023 RHNA period.

California American Water
(CalAm) is moving forward
with its Monterey
Peninsula Water Supply
Project (MPWSP)
consisting of slant intake
wells, a desalination plant
and related facilities. The
project EIR has been
completed and CPUC
approval is expected in
October 2016, prior to the
December 2016 SWRCB
CDO deadline. Pipeline,
slant well, and
desalination plant
construction is expected
to be completed in 2019.

The City will continue its
participation with the
water authority and
support the MPWSP.
n/a 2015-2023 City has actively participated in a regional water supply project. Water has yet to be secured.

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 125, Packet Page 193 Program i.1.6. The City will
continue to explore
alternatives other than
density bonus allowed in
state law (Section 65915)
to meet affordable housing
goals.
n/a 2015-2023 Progress continues.

City rezoned industrial properties to allow multi-family housing development.

Program i.1.7. The City will
deliver the adopted
housing element update to
water and sewer service
providers within a month
after adoption. When
submitting copies of
housing elements to
service providers the City
will include a summary /
quantification of the local
government’s regional
housing need allocation
and any other appropriate
housing information.
n/a One month following
adoption Completed

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 126, Packet Page 194 Program i.2.1. Continue to
provide a minimum of 20
percent permanently
affordable low- and
moderate-income units for
any project with six or
more new housing units or
for condominium
conversion. The City will
also explore means and
methods to provide
incentives to include
inclusionary units in new
apartment construction.

Residential projects are
encouraged to satisfy the
requirement by providing a
minimum of 20 percent
inclusionary housing units
on-site
n/a 2015-2023 Progress continues.

City ordinance requires inclusionary housing and City continues to implement.

Program i.2.2. Investigate
a community housing trust
to meet the need for
workforce housing and
other housing needs.
n/a 6/1/2017 Future program
Program j.1.1. Encourage
Transit Priority Projects,
site designs, and use of
building materials that
promote energy efficiency.
n/a Ongoing
Progress continues.

All Specific Plans encourage transit priority projects.

Transit oriented projects are being proposed.

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 127, Packet Page 195 Jurisdiction Monterey ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023 Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 128, Packet Page 196 Jurisdiction Monterey ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1+
.

For detailed reporting requirements, see the chcklist
here:

Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/communitydevelopment/docs/adequate-sites-checklist.pdf Rehabilitation Activity 23 23
Preservation of Units At-Risk
2 2
Acquisition of Units
2 2
Mobilehome Park Preservation
Total Units by Income
27 27
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 129, Packet Page 197 Jurisdiction Monterey ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Above Moderate RHNA

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 130, Packet Page 198 Jurisdiction Monterey
Reporting Period 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 12/31/2015 - 12/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 131, Packet Page 199 Jurisdiction Monterey Note: "+" indicates an optional field Reporting Period 2022
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
001522001,
001522009,
001522001, portion
of 001521015
424-450 Madison St and 587-593 Van Buren Public Facilities Surplus Land 0.33 City Council wants to build 100% affordable housing project.

NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Monterey County jurisdictions, please format the APN's as follows:999-999-999-999

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 132, Packet Page 200 Jurisdiction Monterey ANNUAL ELEMENT PROGRESS REPORT Note: + indicates an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain
auto-calculation
formulas
Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Project Type Date
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+ Activity Date Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Table I
Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9) NOTE: SB 9 PROJECTS ONLY. This table only
needs to be completed if there were lot splits
applied for pursuant to Government Code
66411.7 OR units constructed pursuant to
65852.21.

Units entitled/permitted/constructed must also
be reported in Table A2. Applications for these
units must be reported in Table A.

Summary Row: Start Data Entry Below
Project Identifier Unit Constructed
1 4
Annual Progress Report January 2020

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 133, Packet Page 201 Jurisdiction Monterey ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Project Type Date
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income Non
Deed Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Summary Row: Start Data Entry Below
Not
Cells in g
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 134, Packet Page 202 Jurisdiction Monterey
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
29 29
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 2 2 2
2 to 4 9 6 0
5+ 0 0 10
ADU 22 21 13
MH 0 0 0
Total 33 29 25
30 130
109
0 0
0 0
0 Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 135, Packet Page 203 Jurisdiction Monterey
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
6th Cylce Housing Element $150,000.00 $28,915.00 REAP Year of 2022 only Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
33 33
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
29 29
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 1
Non-Deed Restricted 0
Deed Restricted 1
Non-Deed Restricted 0
23 25

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ 150,000.00
Task Status
In Progress
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low

EXHIBIT A

APPENDIX B
Council Regular Meeting, 3/21/2023, Item No. 8., Item Page 136, Packet Page 204 Council
Agenda Report
FROM: Gaudenz Panholzer, Fire Chief
Prepared By: Cheryl Kouretas, Senior Administrative Analyst SUBJECT: Amend Professional Services Agreement with Dudek by $22,358.75 for a total not to exceed $121,956.25 for the development of a Community Wildfire Protection Plan (CWPP) and amend the agreement with the cities of Pacific Grove and Carmel-by-the-Sea for sharing the cost of the CWPP. (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Authorizing the City Manager, or designee, to amend the Professional Services Agreement with Dudek by $22,358.75 for a total not to exceed $121,956.25 for the development of a Community Wildfire Protection Plan for the Cities of Monterey, Pacific Grove, and Carmel-by-the-Sea.

2. Authorizing the City Manager, or designee, to amend the joint agreement with the cities of Pacific Grove and Carmel-by-the-Sea to increase the cost sharing plan for the development of the Community Wildfire Protection Plan by $22,358.75.

VALUE DRIVERS:

POLICY IMPLICATIONS:

This Agreement is consistent with the City Council’s Vision and Strategic Initiative of “Working to improve the quality of life of our residents” by helping residents and the region better prepare for and respond to wildfires.

FISCAL IMPLICATIONS:

In March of 2022, the Council approved the appropriation of $100,000 to complete a community focused Community Wildfire Protection Plan (CWPP). The monies were re-appropriated in FY 2023 as the project was not able to get to a point to create a purchase order to encumber the funds. While the total cost of the project will now exceed $100,000, the City of Monterey also executed a joint agreement for sharing the project costs with the cities of Pacific Grove and Carmel-by-the-Sea. After executing the amendments to the agreement with Dudek and to the Date: 3/21/2023
Item No.: 9.

Council Regular Meeting, 3/21/2023, Item No. 9., Item Page 1, Packet Page 205 agreement with Pacific Grove and Carmel, the total cost for the City of Monterey will be $72,391.44 and remain below the appropriation.

ENVIRONMENTAL DETERMINATION:

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

ALTERNATIVES CONSIDERED:

The amendment is requested to allow Dudek to conduct the public workshops for the CWPP inperson instead of the originally proposed virtual workshops. Council could choose not to approve the amendment, and the workshops will be held virtually. This is not recommended as stakeholders from all three cities believe in-person meetings would be the most beneficial to receive important feedback from the public.

DISCUSSION:

The Council approved the award of a Professional Services Agreement in an amount not to exceed $99,597.50 for the development of a Community Wildfire Protection Plan to Dudek on November 1, 2022. Dudek proposed three (3) public workshops (one for each City held in Monterey, Pacific Grove, and Carmel-by-the-Sea) to be held virtually. The City of Monterey staff and Dudek began meeting and working on the project in November 2022. Stakeholders for each City were identified and stakeholder working group meetings began in January 2023.

After discussions with the stakeholder groups and Dudek, all parties believe that in-person public workshops will be the most beneficial in all three cities to receive feedback and ideas for the development of the CWPP. In the public workshops, Dudek likes to use breakout groups which are generally more effectively conducted in-person. In-person meetings allow for more fluid conversations and stronger relationship building. In-person meetings do not have the disadvantage of connection problems, muted/unmuted microphones or other technical issues.

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

Council Regular Meeting, 3/21/2023, Item No. 9., Item Page 2, Packet Page 206

GP/ck
Attachments: 1. Resolution
c: Dudek, 725 Front Street Suite 400, Santa Cruz, CA 95060 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, 3/21/2023, Item No. 9., Item Page 3, Packet Page 207 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH DUDEK BY $22,358.75 FOR A TOTAL NOT TO EXCEED $121,956.25 FOR THE DEVELOPMENT OF A COMMUNITY

WILDFIRE PROTECTION PLAN (CWPP) AND AMEND THE AGREEMENT WITH THE

CITIES OF PACIFIC GROVE AND CARMEL-BY-THE-SEA FOR SHARING THE COST OF THE CWPP.

WHEREAS, the City Council awarded a Professional Services Agreement for the development of a Community Wildfire Protection Plan (CWPP) for the Cities of Monterey, Pacific Grove, and Carmel-by-the-Sea to Dudek in an amount not to exceed $99,597.50 on November 1, 2022;
WHEREAS, three public workshops were proposed by Dudek to be held virtually for each city;
WHEREAS, the project began in November 2022 and Dudek, staff and stakeholders have been regularly meeting on the project and believe all three cities would be better suited with in-person public workshops;
WHEREAS, Dudek has proposed an amendment and associated cost increase of $22,358.75 to provide for the three in-person meetings; WHEREAS, Monterey has executed a cost sharing agreement with the Cities of Pacific Grove and Carmel-by-the-Sea for the development of the CWPP which will be amended to reflect the increased cost to all cities and thereby keep Monterey’s cost to $72,391.44, which is below the budget appropriation for the project;
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. 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 FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY it hereby:

Council Regular Meeting, 3/21/2023, Item No. 9., Item Page 4, Packet Page 208 2 1. Authorizes the City Manager, or designee, to amend the Professional Services Agreement with Dudek by $22,358.75 for a total not to exceed $121,956.25 for the development of a Community Wildfire Protection Plan for the Cities of Monterey, Pacific Grove, and Carmel-by-the-Sea.

2. Authorizes the City Manager, or designee, to amend the joint agreement with the cities of Pacific Grove and Carmel-by-the-Sea to increase the cost sharing plan for the development of the Community Wildfire Protection Plan by $22,358.75.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 3/21/2023, Item No. 9., Item Page 5, Packet Page 209 Council
Agenda Report
FROM: Gaudenz Panholzer, Fire Chief
SUBJECT: Authorize the City Manager to Submit a Proposal to Provide Fire Services and Ambulance Services to the City of Carmel-by-the-Sea in Response to Their Request (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council authorize the City Manager to submit a proposal to provide fire services and ambulance services to the City of Carmel-by-the-Sea in response to their request.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

This action is consistent with the City Council’s Strategic Priority of “Recognize that City government’s role is to provide core services to the public, and partnerships with nonprofit, military, business, and other government agencies can be an effective means of supporting the public good.”
FISCAL IMPLICATIONS:

There are no significant costs associated with the submission of a proposal. The proposal will be structured to recoup all costs associated with providing the required services. Should the proposal be accepted, an agreement will be negotiated with Carmel-by-the-Sea that will outline all fiscal considerations. This agreement will be subject to Council approval before Monterey enters into an agreement.

ENVIRONMENTAL DETERMINATION:

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

Date: 3/21/2023
Item No.: 10.

Council Regular Meeting, 3/21/2023, Item No. 10., Item Page 1, Packet Page 210 ALTERNATIVES CONSIDERED:

The City Council could choose not to authorize the City Manager to submit a proposal. This alternative is not recommended as it would eliminate opportunities for Monterey to benefit from the regionalization of fire services and it would be inconsistent with the City Council’s adopted Strategic Priorities.

DISCUSSION:

Monterey has a long history, dating back to 1956, of being a leader in regionalized fire services by providing those services to neighboring jurisdictions under contract. Current contractual relationships include Sand City, Naval Support Activity Monterey (NSAM), Navy housing at La Mesa Village, City of Pacific Grove, City of Carmel-by-the-Sea, and the Monterey Peninsula Airport District (MPAD). Monterey’s current agreement with Carmel-by-the-Sea has been in effect since January 2012.

The original agreement with Carmel includes a provision where it automatically rolls over for an additional five years at the end of the previous term. This occurred at the end of the initial term on June 30, 2016. The agreement further contains a provision whereby either party can give the other party a 12-month notice of termination. Carmel provided such a notice in June 2020 stating that it would like to explore further options effective July 1, 2021. Carmel indicated that they would be issuing an RFP to find a successor agency to provide fire services. After further evaluation, Carmel rescinded its termination letter and extended the contract for an additional year. This has been done twice and the current agreement is set to expire on June 30, 2023. In February 2022, Carmel sent a formal request to Monterey for a quote for revised terms for providing fire services. In May 2022, Carmel sent an additional request for a quote for Monterey to take over staffing of the Carmel Fire Ambulance.

Monterey has realized a benefit from its partnership with Carmel-by-the-Sea from the depth of resources available to respond to emergencies in all of the jurisdictions served by Monterey and the shared cost of administrative services and other overhead costs.

Monterey recently hired a consultant to review the costing methodologies used in its various fire services contracts. That review has identified opportunities to improve the methodology and ensure that Monterey is fully recovering all costs associated with providing services to other jurisdictions. These recommendations will be included in preparing a proposal for Carmel. Once Monterey has received a final version of the costing review report, it will be shared with Council.

Staff recommends that the City Council authorize the City Manager to submit a proposal to provide fire services and ambulance services to the City of Carmel-by-the-Sea in response to their requests.

GP/gp
Attachments: 1. Resolution
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 3/21/2023, Item No. 10., Item Page 2, Packet Page 211 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY

AUTHORIZE THE CITY MANAGER TO SUBMIT A PROPOSAL TO PROVIDE FIRE

SERVICES AND AMBULANCE SERVICES TO THE CITY OF CARMEL-BY-THE-SEA IN

RESPONSE TO THEIR REQUEST
WHEREAS, the City of Monterey has been providing fire services under contract to the City of Carmel-by-the-Sea since January 2012; and
WHEREAS, Monterey has realized a benefit from its partnership with Carmel-by-the-Sea from the depth of resources available to respond to emergencies in all of the jurisdictions served by Monterey and from the shared cost of administrative services and other overhead costs; and WHEREAS, the current agreement with Carmel-by-the-Sea is due to expire on June 30, 2023; and
WHEREAS, Carmel-by-the-Sea has requested proposals for revised fire services and for the provision of ambulance services to Carmel; 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. 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 FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY it hereby authorizes the City Manager to submit a proposal to provide fire services and ambulance services to the City of Carmel-by-the-Sea in response to their requests.

Council Regular Meeting, 3/21/2023, Item No. 10., Item Page 3, Packet Page 212 2 The proposal will be contingent on City Council final approval of the terms and conditions for contracting with Carmel-by-the-Sea to provide fire and ambulance services.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this ___ day of ______, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 3/21/2023, Item No. 10., Item Page 4, Packet Page 213 Council
Agenda Report
№08/22
FROM: Nat Rojanasathira, Assistant City Manager
Prepared By: Clementine Bonner Klein, City Clerk
SUBJECT: Adopt a Resolution Updating the Council Chamber Use Policy (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution updating the Council Chamber Use Policy.

VALUE DRIVERS:

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

The Council’s current Council Chamber Use Policy was approved April 2, 2002. Staff recommends replacing the policy and updating the fees to better protect and secure the Chamber and its equipment, and to ensure that the primary uses of the Chamber continue to be as transparent, accessible, and beneficial to City of Monterey residents as possible.

FISCAL IMPLICATIONS:

The current fees in place for renting the Council Chamber to an outside agency date to 2002 and do not reflect inflation that has taken place in the last 21 years. The Council Chamber is rarely used by outside agencies and such use will likely continue to be rare; however, in the event that an outside agency’s hearing is held in the Chamber, pursuant to the proposed policy revisions, the City will achieve cost recovery for staff supervision to secure the Chamber and its equipment and furnishings.

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 Date: 3/21/2023
Item No.: 11.

Council Regular Meeting, 3/21/2023, Item No. 11., Item Page 1, Packet Page 214 resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The Council could make changes to the proposed policy, or decline to update the policy altogether.

DISCUSSION:

Background
Agatha M. Few bequested the majority of her estate to the City of Monterey in the early 1930s to build a “‘Hall of Records’ for city uses and purposes,” and the Council Chamber was built as part of the resulting Few Memorial Hall of Records structure, in the cloistered Mission architectural style specified by Mrs. Few, with the grand opening and first Council meeting taking place in February 1935.

Review of minutes from the 1990s and agenda materials from 2002 reveals that the Council Chamber had already been available for use by outside agencies but the City only began charging agencies for such use for the first time beginning July 1, 2002 pursuant to the adoption of Resolution 02-052 C.S. The current policy and fees are still those put in place in April 2002.

Discussion
The 2002 Council Chamber Use policy and fees have been reviewed and updated for applicability in 2023. The following table outlines the main components to the suggested updates and City staff’s reasoning behind them:
2002 Policy 2023 Proposed Policy
Fee for Use of
Facility and
Equipment
The 2002 policy’s methodology is to
charge by “session” which could be as
short as six hours or as long as 10
hours. An event that goes from
afternoon to evening, past the 6 p.m.
point, would require two sessions.

Technology is available piecemeal
through add-on fees. The cost to use
the facility with add-ons for 4 table
microphones, sound system,
connections for laptop computers,
document camera, projector, and
projection screen comes to $330 per 6-
10 hour session, or $660 for an event
lasting two sessions (from afternoon
into evening).

City staff recommends including all
of the following equipment in an
$80-per-hour facility fee: furniture,
kitchenette (sink, counter, pod-style
coffee maker), bathrooms, sound
system, microphones, connections
for laptop computers, and operation
by City staff of audio-visual
equipment (document camera,
projector, and projection screen). This
could present a savings for an
agency holding an event going from
afternoon to evening when compared
to the session format.

Overtime Rate The 2002 policy has no provision to
charge a reserving agency for going
over the time on their reservation.

City staff recommends charging $50
for every 15-minute block of time
(rounded up) that the Council
Chamber is occupied past the
reserved time.

Fee for The 2002 rate is $150 per session for City staff recommends charging Council Regular Meeting, 3/21/2023, Item No. 11., Item Page 2, Packet Page 215 Television
broadcast
cameras and
equipment
(hardware)
use of the cameras and broadcast
equipment (operated by AMP staff at a
separate labor cost).
$250 per reservation for use of the
cameras and broadcast equipment
(operated by AMP staff at a
separate labor cost). This reflects
the CPI increase since 2002 of the
cost for a single 6-10 hour “session”
and can reflect a cost savings to an
agency holding an afternoon-toevening meeting that would have required two sessions.

Addition of
required City
staff
supervision
The 2002 policy does not require City
staff to be present during an event. An
outside agency renting the Council
Chamber is granted temporary use of a
key to City Hall with no supervision.

Due to the importance of the Council
Chamber to City operations, the cost
of its equipment, and the risk to the
City if the Council Chamber were
not to be operational for City
business, City staff recommends
that paid City staff supervision be a
required component to every
reservation by an outside agency.

The suggested hourly fee of $71
was calculated using the current
fully burdened overtime rate for an
Administrative Assistant.

Tightened-up
definitions of
non-Brown Act
City uses
The 2002 policy allows use by
“meetings of City departments” and
“City sponsored programs.”
City staff recommends defining City
Meeting and Events uses as: “Public
meetings and events hosted by City
departments” and “Internal staff
meetings held by City departments,”
and prioritizing them in that order.

Tightened-up
definition of
allowed
outside
agencies
The 2002 policy allows use by “other
outside agencies” but provides no
definition.

City staff recommends defining
authorized outside agency use as
“Public meetings and hearings for
other State and Federal government
agencies, such as, governing boards
of State and, Federal councils,
committees, and commissions, and
courts, that are conducted for the
benefit of the City and/or City
residents.”
The proposed fees corresponding to this policy update are included in the Master Fee Schedule update proposed to be adopted by the Council at the same meeting.

City staff recommends that Council adopt the resolution updating the Council Chamber Use policy.

NR/cbk
Attachments: 1. Resolution with Exhibit A: Council Policy for Use of Facility – Council Chamber Council Regular Meeting, 3/21/2023, Item No. 11., Item Page 3, Packet Page 216

2. Council Policy adopted April 2, 2002, effective July 1, 2002 to present 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, 3/21/2023, Item No. 11., Item Page 4, Packet Page 217 RESOLUTION NO. __- ___ C.S.

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

ADOPTING AN UPDATED COUNCIL CHAMBER USE POLICY
WHEREAS, Agatha Magdalena Few (nee Hilby) (1862-1931) bequeathed the majority of her estate to the City of Monterey in her last will and testament “for the construction of a ‘Hall of Records’ for city uses and purposes”;
WHEREAS, Few Memorial Hall of Records was built thanks to Mrs. Few’s generous bequest and according to her specifications, and this portion of City Hall, including the Council Chamber, opened for City uses and purposes in February 1935; WHEREAS, it is the primary intended purpose of the Council Chamber to serve as the public meeting place for the Monterey City Council, and the second priority is to provide public access to meetings of its Council-appointed bodies (boards, committees, and commissions); WHEREAS, the Council Chamber is the largest available City facility for holding public meetings that both allows compliance with the Americans with Disabilities Act (“ADA”) and has cameras and audio-visual and broadcasting equipment that facilitate increased access by teleconference and streaming/broadcast;
WHEREAS, meetings of the City Council and Council-appointed bodies must continue to have first and second priority for use of the Council Chamber and its technological equipment in order to continue to conduct the business of the City with the greatest level of transparency and public access;
WHEREAS, the City Council and Council-appointed bodies have the occasional need to conduct a special meeting in order to hear a time-sensitive matter of public business, with as few as 24 hours’ notice before the meeting as required by the Ralph M. Brown Act, and it is crucial that these bodies are able to access the Council Chamber for such last-minute uses; WHEREAS, City departments also have occasional needs for a large, accessible meeting facility that do not involve the Council or Council-appointed bodies, such as public meetings and internal departmental meetings, both of which facilitate vital City processes and are an appropriate use of the Council Chamber at lower priorities (three and four) than uses by Council and Council-appointed bodies;
WHEREAS, the above-described uses take the majority of desirable public meeting dates and times (weekday afternoons and evenings) in the Council Chamber and leave limited availability of the facility outside of these City uses and purposes; WHEREAS, as the last priority for use of the Council Chamber, it is appropriate to allow public meetings and hearings for other State and Federal government agencies, such as governing boards of State and, Federal councils, committees, and commissions, and courts, that are conducted for the benefit of the City and/or City residents, as it is beneficial for City of Monterey residents to access and attend such meetings and hearings locally; Council Regular Meeting, 3/21/2023, Item No. 11., Item Page 5, Packet Page 218 2 WHEREAS, it is not the intention of the City to allow the use of the City Council Chambers by any other groups; and
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

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

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

1. It hereby adopts the updated Council Chamber Use Policy (Exhibit A).

2. All prior Council resolutions and policies and fees in conflict with this resolution and its exhibit, including Resolution No. 02-052 C.S., are hereby rescinded.

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, 3/21/2023, Item No. 11., Item Page 6, Packet Page 219

EXHIBIT A
PURPOSE:

To set forth standards and requirements to ensure that the uses of Few Memorial Hall of Records (“Council Chamber”) support the City Council value drivers of: fostering a local government that is transparent and collaborative and solicits, welcomes, and appreciates input from all; and serving as stewards of the City’s financial resources.

BACKGROUND:

In her last will and testament, Mrs. Agatha M. Few bequeathed the majority of her estate to the City “for the construction of a ‘Hall of Records’ for city uses and purposes.” As she specified, Few Memorial Hall of Records was sited on Colton Hall lands and designed in a cloistered, Mission style. The facility’s grand opening, and the first City Council meeting held in its Council Chamber, took place in February 1935.

POLICY:

A. FACILITY
Description: The Council Chamber’s seating capacity accommodates 115 people as follows: a raised dais seats up to seven (7); staff seating areas adjacent to the dais accommodate up to seven (7); locations for two (2) wheelchairs with two (2) adjacent seats for companions; and pews that seat a maximum of 97. The room is equipped with cameras, microphones, audio-visual broadcast equipment, and presentation equipment. In the rear is a small broadcast room with a kitchen sink and counter and a single-stall bathroom.

Availability: The Council Chamber and equipment are available on a first-come, firstserved basis, to qualified groups as prioritized according to the outline below. For State and Federal hearings, availability is limited to weekdays (Monday through Friday) that are not City-recognized holidays, between the hours of 8:00 a.m. and 10:00 p.m.

Equipment: Equipment in the Council Chamber includes cameras, microphones at each seat at the dais and staff areas, a podium with microphone, speakers, broadcast equipment, a projector and screen, and a pod-style coffee maker. Computers are available for City use only; agencies holding State and Federal hearings may bring laptops if desired. The video broadcasting and audio-visual display systems are delicate, expensive, and highly technical systems and require special education and training to operate. The audio-visual display system may be operated or used only by trained employees of the City. The cameras and video broadcasting system, including use of the room for virtual “hybrid” meetings on platforms such as Zoom, may only be used by trained employees of Access Media Productions (AMP), which must be arranged and paid for separately: https://accessmediaproductions.org/
Council Policy:

Use of Facility – Council Chamber
Council Regular Meeting, 3/21/2023, Item No. 11., Item Page 7, Packet Page 220

EXHIBIT A
2 B. USE
Priority for Use: Priority is to be given in the following order for reserving the Council Chamber:

1. Public meetings of the City Council

2. Public meetings of Council-appointed bodies (boards, commissions, and committees)

3. Public meetings and events hosted by City departments

4. Internal staff meetings held by City departments

5. Public meetings and hearings for other State and Federal governmental entities, such as governing boards of State and, Federal councils, committees, and commissions or court proceedings that are conducted for the benefit of the City and/or City residents (“Use by State and Federal Governmental Entities”) Qualifications for Use:
 The Council Chamber is available for use only as listed and prioritized above.  All use of the Council Chamber must be conducted, in all respects, as required by the Ralph M. Brown Act (California Gov. Code 54950 et seq.), as applicable, and the Americans with Disabilities Act (“ADA”).
 Alcohol may be allowed in the Council Chamber on a case-by-case basis if expressly permitted by the City Manager, whose decision is final.  No firearms are allowed in the Council Chamber except in the direct control of a sworn law enforcement official.
 City facilities, furnishings, and equipment shall be left in a clean, undamaged condition. Costs incurred for clean-up or damage to any City property shall be billed to the responsible party.
 All users of the Council Chamber must comply with any mask/face-covering policies in place at the time of use.
 Failure to comply with this policy may be cause for denial of future use of the Council Chamber.

C. RESERVATIONS
City Meetings and Events (Priority Uses 1, 2, 3, and 4): City of Monterey staff should book all regularly scheduled meetings in the Council Chamber on an annual basis, and additional meeting times as soon as possible to ensure the space is available. Every effort will be made to avoid asking groups to reschedule or cancel meetings due to the priorities outlined above, however, it is important to be aware that the possibility exists.

Use by State and Federal Governmental Entities (Priority Use 5):
 Application: The Council Chamber is reserved on a first-come, first-served basis by application to the City Clerk, who will review the intended use, check availability of the Council Chamber, and approve or deny the application accordingly. Any disputes arising from the denial of an application shall be reviewed by the City Manager, whose decision is final.
 Fees: All applicable fees and charges for use must be paid in full before the City Clerk will reserve the space and issue a Council Chamber Permit to the reserving agency. Current fee amounts may always be found in the City’s Master Fee Council Regular Meeting, 3/21/2023, Item No. 11., Item Page 8, Packet Page 221

EXHIBIT A
3 Schedule, available at: https://monterey.org/finance/. Checks are to be made payable to “City of Monterey.” Credit card payments may incur a processing fee.  Permit: Following approval of an application and receipt of complete payment of all applicable fees and charges, the City Clerk will reserve the Council Chamber and issue the reserving agency a Council Chamber Permit. All reservations shall be made for specific, finite hours, to include set-up and clean-up time, and the reserving agency is responsible for clearing the room of occupants, leaving it in a clean and operational condition, and departing it by the end of the reserved time.

Any time spent in the facility beyond the end of the reserved time will be charged to the reserving agency at the “overtime” rate.
 Cancellations: Cancellations must be made in writing to the City Clerk and will be refunded as follows:

Canceled by: Cancellation timeframe: Refund:

Reserving agency 30+ calendar days prior to the approved use 75% Reserving agency Between 10 business days and 29 calendar days prior to the approved use
50%
Reserving agency Fewer than 10 business days prior to the approved use
0%
City Any time, but only in the event of an emergency 100% D. EVENT SUPERVISION
City Meetings and Events (Priority Uses 1, 2, 3, and 4): City staff must be present in the Council Chamber during its use and are responsible for clearing the room of occupants, leaving it in a clean and operational condition, securing the room and equipment, and departing it by the end of the reserved time.

Use by State and Federal Governmental Entities (Priority Use 5):
 The individual to whom the Council Chamber Permit is issued shall be physically present during the entire rental period and shall sign the exit paperwork at the time that the reserving agency departs the facility.
 City staff will be assigned to open the facility for a reserving agency, be present during the event, operate the audio-visual equipment on behalf of the reserving agency as applicable, coordinate the signing of the exit paperwork, and to secure the Council Chambers and equipment after its use. City staff shall not be asked by the reserving agency to perform duties other than those listed in this paragraph. For long or late-night events the City may require two City staff members to supervise, for purposes of allowing required breaks and for safety when departing; this determination is made by the City Clerk when approving the application. The costs associated with City staff supervision are included in the facility fees.

E. OTHER
Furnishings
Users of the Council Chamber may arrange chairs and tables to meet specific needs. City staff is not available to assist with moving furniture. It is required that groups leave the room in good order, with furniture and equipment arranged according to the diagram posted in the room.

Council Regular Meeting, 3/21/2023, Item No. 11., Item Page 9, Packet Page 222

EXHIBIT A
4 No advertising may be exhibited, and no materials or displays may be attached in any manner to any wall, door, window, or other surface.

Users of the facility shall be held responsible for the conditions of the room and its furnishings. Payment shall be required for any damage to property or premises.

Services
Public Wi-Fi is available for free in the Council Chamber.

Messages will not be relayed between City offices and persons attending meetings in the Council Chamber, except in the case of an emergency.

Copy/print services and computers are available for public use at the nearby Monterey Public Library, following library regulations, during business hours.

Parking
Parking is on a first-come, first-served basis. Parking validation, parking permits, and waivers are not available.

City Parking Lot #3 (Dutra Street, behind City Hall) has a two (2) hour limit. Street parking is limited to one (1) hour. Numerous City parking lots are available in walking distance, with locations, rates, and enforcement information available at: https://monterey.org/parking (see “Where to Park”). It is the user’s responsibility to ensure that parking regulations and time limits are understood and communicated to attendees.

Adopted by Resolution No.:

Amended by Resolution No.: N/A
Effective Date:

Council Regular Meeting, 3/21/2023, Item No. 11., Item Page 10, Packet Page 223

CITY OF MONTEREY
City Council Policy: Use of City Council Chamber

1. Qualifications and Priorities
The room and equipment are reserved on a first-come, first-served basis, in the following priority. To qualify for meeting room use, organizations must be one of the following:

City Council
City Advisory Bodies
Meetings of City departments
City sponsored programs
Other Public Agencies
Other Public Agencies will be charged a deposit to hold the room and a fee for the use of the room according to the attached Rental Rate Schedule. Agencies that have paid a deposit to hold the room for a specific date will not be "bumped" to accommodate a group that is higher on the priority list.

Internal groups should be aware that the possibility exists that they may be asked to reschedule or cancel meetings due to the priorities outlined above. Every effort will be made to avoid asking groups to do so.

2. Scheduling
The City Council Chamber is reserved through the City Clerk's Office, (831) 646-3935.

3. Availability
Reservations should be made for specific hours (include your set-up time and clean up time in the request). The person reserving the room is responsible for securing the room and equipment upon departure.

4. Application
City of Monterey staff should request regularly scheduled meeting space on an annual basis, in writing, in December.

City of Monterey staff may call for additional meeting space as needed and available Other public agencies may schedule meeting space and use of the equipment by telephone, followed within ten days by confirmation in writing, accompanied by a deposit.

ATTACHMENT 2
Council Regular Meeting, 3/21/2023, Item No. 11., Item Page 11, Packet Page 224

CITY OF MONTEREY
2 5. Cancellation
Notify of cancellations as soon as possible to allow other bookings (831) 646-3935.

Agencies that have paid a deposit for a reservation must submit written cancellation at least one week in advance to be eligible for a refund of their deposit.

6. Fees
Fees are charged to public agencies, other than the City of Monterey, for the use of the room and equipment according to the attached Rental Rate Schedule.

7. Check In/Check Out
Entry to the room is available through the hallway door during City Hall's regular business hours. Check in at the City Clerk's office for access.

Entry to the room at other times is by obtaining a key at the Police Desk, and returning it there after securing the room and equipment at the end of the meeting.

8. Open to the Public
All meetings held in this room that must comply with the Ralph M. Brown Act must be open to the public. Public Agencies that conduct regular meetings in the Monterey City Council Chamber must televise their meetings, either live or tape-delayed over the City's local government channel, utilizing the cameras and broadcast equipment installed in the room.

The group using the room is responsible for complying with the Americans With Disabilities Act (ADA).

9. Kitchen Facilities
A 12-cup coffeepot is available in the kitchen. Groups must provide their own cups, coffee, sugar, etc. and must leave the kitchen and all appliances in a clean condition.

10. A/V Equipment
All equipment in the Council Chamber is available for use by City staff.

Outside public agencies may pay a separate fee, according to the attached schedule, to use the equipment. Access Monterey Peninsula (AMP) personnel must be retained to operate the cameras and television broadcasting equipment.

ATTACHMENT 2
Council Regular Meeting, 3/21/2023, Item No. 11., Item Page 12, Packet Page 225

CITY OF MONTEREY
3 11. Furniture and equipment
Groups may arrange chairs and tables to meet specific needs. There is no staff available for this service. It is required that groups leave the room in good order, with furniture and equipment arranged according to the diagram posted in the room. Persons granted use of the room shall be held responsible for the conditions of the room and its furnishings.

Payment shall be required for any damage to property or premises.

12. Smoking and Alcohol Consumption
Smoking and alcoholic beverages are not allowed in the City Council Chamber, adjacent hallways, bathrooms or kitchen, or other portions of City Hall.

13. Parking
Parking is on a first come, first served basis. Read the parking information that is posted at the site regarding when time limits are in effect. Generally, Parking Lot #3 (Dutra Street) has a two (2) hour limit. El Cuartel (behind the Police Station) has a two (2) hour limit.

Metered parking (10 hour) is available in Upper Lot #7 (400 block of Pacific Street).

Parking validation, parking permits, and waivers are not available.

14. Special Services
City Clerk's staff will show the person responsible for the room how to operate the equipment, lights and locks. If the room is reserved for non City Hall hours, arrangements for this service must be made during the hours that City Hall is open, prior to the meeting.

For information regarding retaining personnel to operate the television broadcasting equipment, contact Access Monterey Peninsula AMP at (831) 333-1267or visit www.ampmedia.org.

No staff or equipment is available for special services such as FAX, copying, telephone messages.

There is a pay phone and a coin operated copy machine available at the Library at 625 Pacific Street.

ATTACHMENT 2
Council Regular Meeting, 3/21/2023, Item No. 11., Item Page 13, Packet Page 226

CITY OF MONTEREY
4 Monterey City Council Chamber Rental Rate Schedule
Room
(includes use of kitchen, furniture and projection screen) $100 per session Basic Sound System
(includes mics at dais and lectern mic) $ 50 per session Extra microphones
(4 table mics, 1 lavaliere and 1 wireless available) $20 per microphone per session
Television broadcast cameras and equipment* $150 per session Media Cart
(includes projector, Elmo document camera, VCR and
connections for a laptop computer)
$100 per session
Internet Connection $25 per session
Deposit required to hold the room
(will be applied to final invoice) $50 per reservation
A session is 8:00 a.m. to 6:00 p.m. or 6:00 p.m. to 12:00 a.m. *Use of the Cameras and broadcast equipment requires that Access Monterey Peninsula (AMP) personnel be retained to operate the equipment.

Cancellation must be made at least one week (7 days) in advance to obtain a refund of the deposit.

Effective July 1, 2002
ATTACHMENT 2
Council Regular Meeting, 3/21/2023, Item No. 11., Item Page 14, Packet Page 227 City Council
Agenda Report
FROM: Hans Uslar, City Manager
SUBJECT: Adopt a Resolution Ratifying the City Manager’s Proclamation of a Local Emergency Related to the March 2023 Storms (Order 23-002) (Exempt from CEQA Per Article 18, Section 15269.c)
RECOMMENDATION:

That the City Council adopt a Resolution ratifying the City Manager’s Proclamation of a Local Emergency related to the March 2023 storms.

VALUE DRIVERS:

POLICY IMPLICATIONS:

Monterey City Code section 11-14(b) requires the City Council to ratify the City Manager’s proclamation of a local emergency within seven days, and every 14 days thereafter until conditions warrant termination of the emergency status. When the emergency conditions cease to exist, the City Council shall terminate the local emergency. By its own terms, the City Manager’s emergency declaration automatically terminated on March 17, 2023.

FISCAL IMPLICATIONS:

The City Council’s ratification of the City Manager’s Proclamation of a Local Emergency will allow the City to recover some of its storm-related expenses from the Federal Emergency Management Agency (FEMA).

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act Guidelines (Article 18, Section 15269.c) because the City is adopting a Resolution declaring a local emergency related to COVID-19. Specific actions are needed to prevent or mitigate the conditions cause by the storm. The actions proposed are immediate actions and are necessary to protect the health and safety of the City’s citizens.

ALTERNATIVES:

No alternatives are recommended.

Date: 3/21/2023
Item No.: 12.

Council Regular Meeting, 3/21/2023, Item No. 12., Item Page 1, Packet Page 228 DISCUSSION:

Governor Newsom proclaimed a State of Emergency on March 8, 2023 in 21 counties, including Monterey County, due to atmospheric river systems. On March 10, 2023, President Joseph R.

Biden, Jr. declared that an emergency exists in the State of California resulting from severe winter storms, flooding, landslides, and mudslides beginning on March 9, 2023 and continuing.

Also on March 10, 2023, the City Manager as the Director of Emergency Services of the City, activated the Emergency Operations Center (EOC) due to an impactful weather system and heavy rain, flooding, strong and damaging winds, power outages, fallen trees, landslides and rockslides in hilly terrain, all posing a threat to life and property in the City.

The Fire Department responded to 273 calls for service in 72 hours between March 9 and March 12, 2023, due to this first atmospheric river as part of the larger storm event called a Pineapple Express. Ten (10) homes were impacted by fallen trees, and 32 downed trees resulted in 12 street closures, including the multi-day closure of Del Monte Avenue between Sloat Avenue and Casa Verde Way. The City of Monterey was without power for several days, and the Verizon Wireless network in the City was out of service for multiple days, affecting the public as well as the City’s Fire Department connections. During this time, the EOC also stood up Community Resiliency Centers (CRCs) offering Wi-Fi and power at the Monterey Public Library and El Estero Community Center. At times, over 150 people per hour visited the library, with over 100 active connections to the City’s Wi-Fi network every hour.

Another atmospheric river event occurred in the City between late Monday night, March 13th through Tuesday, March 14th. This event resulted in at least 19 downed trees, nine (9) road closures, damage to two (2) traffic signals, the closure of Highway 1 in Monterey on multiple occasions, and dozens of calls for service.

Both atmospheric rivers caused damage to at least nine (9) homes and one (1) business, of which three (3) homes sustained major damage. Initial damage estimates total $305,000 in private property damage and $1.24 million in cumulative public property damage.

ATTACHMENTS:

1. Draft Resolution with Exhibit A: City Manager Proclamation dated March 10, 2023

2. Media Release dated March 13, 2023
CD/NR
Council Regular Meeting, 3/21/2023, Item No. 12., Item Page 2, Packet Page 229 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
RATIFYING THE CITY MANAGER’S PROCLAMATION OF A LOCAL EMERGENCY RELATED TO THE MARCH 2023 STORMS (ORDER 23-002)
WHEREAS, Governor Newsom proclaimed a State of Emergency on March 8, 2023 in 21 counties, including Monterey County, due to atmospheric river systems; WHEREAS, on March 10, 2023, President Joseph R. Biden, Jr. declared that an emergency exists in the State of California resulting from severe winter storms, flooding, landslides, and mudslides beginning on March 9, 2023 and continuing.

WHEREAS, also on March 10, 2023, the City Manager, in his capacity as the Director of Emergency Services, proclaimed a local emergency. (Exhibit A.) This Resolution will provide City Council confirmation of, and agreement with, the Proclamation made by the City Manager.

Ratification of the City Manager’s proclamation approves the City’s plans, preparations, and deployment of resources to effectively respond to the conditions caused by the storm; WHEREAS, Monterey City Code section 11-4(b)(4) requires the City Council to ratify the City Manager’s proclamation of a local emergency within seven days; WHEREAS, the Fire Department responded to 273 calls for service in 72 hours between March 9 and March 12, 2023, due to the storm. Ten (10) homes were impacted by fallen trees, and 32 downed trees resulted in 12 street closures, including the multi-day closure of Del Monte Avenue between Sloat Avenue and Casa Verde Way. The City of Monterey was without power for several days, and the Verizon Wireless network in the City was out of service for multiple days, affecting the public as well as the City’s Fire Department connections. During this time, the EOC also stood up Community Resiliency Centers (CRCs) offering Wi-Fi and power at the Monterey Public Library and El Estero Community Center. At times, over 150 people per hour visited the library, with over 100 active connections to the City’s Wi-Fi network every hour; WHEREAS, another atmospheric river event occurred in the City between late Monday night, March 13, 2023 through Tuesday, March 14, 2023. The event resulted in at least 19 downed trees, nine (9) road closures, damage to two (2) traffic signals, the closure of Highway 1 in Monterey on multiple occasions, and dozens of calls for service; WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act Guidelines (Article 18, Section 15269.c) because the City is adopting a Resolution declaring a local emergency related to COVID-19. Specific actions are needed to prevent or mitigate the conditions caused by the storm. The actions proposed are immediate actions and are necessary to protect the health and safety of the City’s citizens.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY, pursuant to City Code section 11-4(b)(4) and Government Code section 8630, Council Regular Meeting, 3/21/2023, Item No. 12., Item Page 3, Packet Page 230 2 hereby ratifies, confirms, and is in agreement with, and incorporates herein, the Proclamation made by the City Manager declaring that a local emergency exists in the City of Monterey.

BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY, that this Resolution is effective retroactive to March 17, 2023. The emergency automatically terminated by its own terms on March 17, 2023 at 11:59 p.m.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 3/21/2023, Item No. 12., Item Page 4, Packet Page 231 Office of the City Manager Exhibit A
Monterey, California 93940

PROCLAMATION OF A LOCAL EMERGENCY AND RELATED ORDERS OF

THE DIRECTOR OF EMERGENCY SERVICES
ORDER 23-002
WHEREAS, pursuant to Government Code section 38791, the City Council may provide for a chief executive who, during periods of great public calamity such as an extraordinary flood or storm, has complete authority over the City and the right to exercise all police power vested in the City by the Constitution and general laws;
WHEREAS, the City Manager is designated as the Director of Emergency Services pursuant to City Code section 11-1(a);
WHEREAS, City Code section 11-4(b)(4) empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by conditions of disaster or extreme peril to the safety of persons and property within the City caused by such conditions as flood or storm and the City Council is not in session, provided that the emergency is confirmed by the City Council in seven days; WHEREAS, Monterey City Code section 11-4(b)(9) states that the Director of Emergency Services shall have the power during a proclaimed emergency to make and issue rules and regulations on matters reasonably related to the protection of life and property which are or may be affected by the emergency, including the temporary suspension of local ordinances and regulations, provided that such actions shall be confirmed at the earliest practical time by the City Council; WHEREAS, an atmospheric river event started in the City on late Thursday evening and continues today, with high winds, water, flooding, and thunderstorm hazards that are expected to remain through Sunday. The storm is causing widespread power outages, property damage, and numerous calls for service;
WHEREAS, according to a bulletin from the National Weather Service, National Oceanographic and Atmospheric Association of today’s date, this storm is anticipated to persist through Sunday, with a new, weaker atmospheric river forecast to start on Monday through Wednesday, and it will bring more rain, wind, and renew or exacerbate flooding across Monterey Bay;
WHEREAS, on March 10, 2023, the City Manager, as the Director of Emergency Services of the City of Monterey, activated the Emergency Operations Center (“EOC”) due to this impactful Council Regular Meeting, 3/21/2023, Item No. 12., Item Page 5, Packet Page 232 weather system and in anticipation of continued heavy rain, flooding, strong and damaging winds, power outages, fallen trees, landslides and rockslides in hilly terrain. Flooding and fallen trees are a threat to life and property in the City and neighboring communities; NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED:

SECTION 1. The recitals set forth above are incorporated herein as if fully set forth, are true and correct, and are adopted as findings in support of this proclamation and order.

SECTION 2. During the existence of this emergency, pursuant to Government Code section 8634 and 8568, during the period of this emergency, the following procedures otherwise required of the City by ordinance or other local regulation shall be waived where strict compliance would hinder or delay the mitigation effects of the emergency:
a. Entering contracts;
b. Incurring obligations;
c. Employment of permanent and temporary workers;
d. Utilization of volunteer workers;
e. Appropriation and expenditure of public funds;
f. Waiver of public funds when in the public interest.

SECTION 3. Severability. If any section, subsection, clause, or phrase of this proclamation and order is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections.

SECTION 4. This proclamation and order take precedence over ordinances and resolutions in conflict herewith.

SECTION 5. Duration. The local emergency shall not remain in effect for a period more than seven days unless it has been ratified by the City Council.

March 10, 2023 at 01:45 p.m.
_____________________________ ______________________________________ Date and Time Hans Uslar, City Manager and
Director of Emergency Services
Council Regular Meeting, 3/21/2023, Item No. 12., Item Page 6, Packet Page 233

FOR IMMEDIATE RELEASE
DATE: March 13, 2023 PHONE: (831) 646-3760
CONTACTS: Nat Rojanasathira, Assistant City
Manager & Emergency Operations
Center Director
E-MAIL: [email protected]

CITY OF MONTEREY CONTINUES STORM READINESS
Working to Ensure Public Safety and Maintain Core Services Monterey, CA. – The Monterey Peninsula and region have been preparing for and responding to with a series of ‘atmospheric river’ storm systems rarely seen in our community’s history. The City of Monterey wants the community to know ‘all hands are on deck’ to continue to ensure public safety and maintain core city services as a second atmospheric river arrives to the Monterey Peninsula as part of this month’s “Pineapple Express.” The City of Monterey’s Fire, Police, Public Works, Parks, and Emergency Management teams are fully staffed around the clock. City teams continue in emergency preparedness and response mode with clear citywide situational analysis to effectively and quickly respond to impacts as they occur. The City of Monterey secured Verizon mobile towers installed Saturday to support our Fire Department network at Fire Stations 11 (Downtown) and 13 (on Montecito Avenue).

Latest National Weather Service Forecast
The next in this series of storms is coming in late tonight, Monday, March 13, 2023 with expected rain and gusty winds that could reach 50 miles per hour according to the National Weather Service. The most impactful period for the Monterey community will last into Wednesday, March 15. With soils already heavily saturated, this next storm system could continue to bring down trees and power lines, resulting in the disruption of electricity and mobile communications service.
(more)
Exhibit A
Council Regular Meeting, 3/21/2023, Item No. 12., Item Page 7, Packet Page 234 How to Prepare

1. Be alert to your surroundings and aware of potential danger from falling trees or power lines. If you lose power, please stay home if you can. If you need to drive on the roads, use extreme caution. Treat dark signal lights as a four way stop. Never get near downed power lines.

2. Use the resources provided at https://monterey.org/stormcenter, through local news stations, and County resources to stay abreast of the latest situation.

3. Call 9-1-1 in emergencies, or the Police non-emergency number at (831) 646-3914 if you need non-emergency assistance. You can also call United Way Monterey County at 2-1- 1 for assistance to find out how you get help. Residents can use the service request portal to report service needs, or email [email protected] if they are unsure who to call.

4. If you lose cellular service and/or power, you can visit the Monterey Public Library or the El Estero Park Center to charge your phones and connect to Wi-Fi. The Library will be open Tuesday, March 14 from 10 a.m. to 6 p.m. and El Estero Park Center will be open Tuesday, March 14 from 10 a.m. to 4 p.m. PG&E’s Outage Map is the best resource to monitor power restoration status.

5. PG&E has confirmed that more than two dozen crews are in the area to address issues and maintain infrastructure. Please understand, if downed trees bring down power lines, City tree crews will respond quickly, but they must wait to move the downed tree until PG&E responds and gives them the okay to do so. This means that if a tree impacts a roadway, that street will remain closed until that process is complete.

6. Please do what you can to check-in on and help a neighbor or two.

City Manager Hans Uslar said, “Our residents and businesses are strong and resilient, and we thank the community for helping one another get through this very stormy winter. Keep it up – we are almost through the worst!” He added, “We are incredibly proud and grateful for all our hardworking staff across the City and our CERT volunteers who have responded professionally to hundreds of calls for services and needs in our community!” Additional thanks go to our partner agencies, including those assisting the Monterey Fire Department (partial list): Monterey County Regional Fire District, City of Salinas Fire Department, North County Fire Protection District of Monterey County, City of Hollister Fire Department, and local CERT Teams. (dates corrected in this version 2)
###
Exhibit A
Council Regular Meeting, 3/21/2023, Item No. 12., Item Page 8, Packet Page 235 Community Services District
Agenda Report
FROM: Christine Davi, City Attorney
SUBJECT: Receive Ocean View Community Services District Quarterly Report (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5, Section 15061)
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.

Date: 3/21/2023
Item No.: 13.

Council Regular Meeting, 3/21/2023, Item No. 13., Item Page 1, Packet Page 236 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. 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, in which the court entered a judgment on March 4, 2021 that AquaLegacy is vested with title to the property. The appeals are pending.

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.

Council Regular Meeting, 3/21/2023, Item No. 13., Item Page 2, Packet Page 237 Council
Agenda Report
FROM: Rafaela T. King, Finance Director
Prepared By: Kyle Olsen, Finance Analyst
Shannon Leon, Recreation Manager
Andrea Willer, Sports Center Manager
Christy Sabdo, Associate Planner
SUBJECT: Amend and Restate Resolution 22-077, Master Fee Schedule to Adjust Fees for each of the Following Departments and Divisions: City Attorney’s Office, Community Development Department, Parks and Recreation Department, City Clerk's Office, Library & Museums Department, Fire Department, Police Department, Finance Department, Public Works Department, Parking Division, and Harbor Division and 1st Reading to Amend City Code section 19-103 to Increase Cost Recovery for Historic Preservation Fees and Appeals; and Provide Direction to Staff on Hardship Waivers and/or Refunds of Appeal Fees (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) -- Continued from March 7, 2023 Meeting RECOMMENDATION:

That the City Council adopt a resolution to Amend and Restate Resolution 22-077, the Master Fee Schedule to update fees in certain departments effective July 1, 2023 and introduce by title only, waive full reading, and pass a first reading of an ordinance to increase cost recovery for historic preservation fees and appeals.

The attached draft City Council resolution, if adopted, will amend the fee schedule for Administrative Services (City Clerk’s Office and Finance Department), Community Development, Fire Department, Library, Parks and Recreation, Police Department, and Public Works, and establish a fee for appeals before boards that are staffed/administered by the City Attorney’s Office.

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:

Proposition 26 applies only to fees that are “imposed” by government. Determining whether a charge is “imposed” turns on the nature of the service and other factors, such as: whether the charge is in connection with a service that the city is statutorily obligated to provide; whether the charge is in connection with a service for which the city is the exclusive provider within its service territory; whether the charge is in connection with a service, product, or opportunity the city provides in competition with other, particularly private enterprises; or whether the charge is Date: 3/21/2023
Item No.: 14.

Council Regular Meeting, 3/21/2023, Item No. 14., Item Page 1, Packet Page 238 established by voluntary negotiations. League of Cal. Cities, Proposition 26 and 218 Implementation Guide (2019), at p. 58.)
For fees that are subject to Proposition 26, the City bears the burden of proving by a preponderance of the evidence that the fee is not a tax, that the amount is no more than necessary to cover the reasonable cost of the governmental activity, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor’s burdens on, or benefits received from, the governmental activity. (Cal. Const., Art. XIII C §1, subd. (e); League of Cal. Cities, Proposition 26 and 218 Implementation Guide (2019).) This means that all revenue sources are taxes requiring voting approval unless an exception applies.

There are seven enumerated exceptions.

It is good fiscal and budget policy to regularly review the City’s fee schedules to ensure that the fees charged to citizens are in alignment with the cost of services provided to the citizens of Monterey.

This action is also consistent with the City policy and practice to recover costs reasonably borne to provide regulations, products, or services as set forth in 19-102. “Cost reasonably borne” include direct and indirect costs, including but not limited to maintenance, contracted services, salaries and supplies.

This is also consistent with the Council policy that the Parks and Recreation Commission review existing fees and recommend adjustments to the City Council for approval and implementation.

Most fees were not examined for adjustment and remain unchanged. They are included in the Master Fee Schedule for administrative purposes only (i.e., to maintain the Master Fee Schedule as a consolidated document) but are not considered part of the public hearing process.

Certain fees also were not examined as they will be adjusted by the Consumer Price Index (CPI).

FISCAL IMPLICATIONS:

The action would update the City’s Master Fee Schedule as seen in Exhibit A Specific revenue implications are presented per department in the discussion section.

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, Council Regular Meeting, 3/21/2023, Item No. 14., Item Page 2, Packet Page 239 this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The Council could choose not to approve these fees or pass a 1st reading of an ordinance; however, staff does not recommend this alternative. Allocating direct and indirect costs of providing services incurred by the City is a Government Finance Office Association (GFOA) best practice. Reviewing these costs on an annual basis is a prudent fiscal policy. Additionally, this review provides the opportunity to develop new fees for the city as appropriate due to changes in law or other requirements.

The City Council could direct staff to reduce the amount of cost recovery on appeals, or explore whether to have a hardship fee waiver and/or to return appeal fees to the appellant should the appellant prevail on appeal.

DISCUSSION:

Administrative Services (City Clerk’s Office and the Finance Department) The City Clerk’s Office proposes several changes to fees related to the use of the Council Chambers. The fee for rental of the facility is proposed to be adjusted from $100 to $80 per hour with a 3-hour minimum. City Support staff is proposed to be set at $71 per hour; and an Overtime Rate of $50 per 15 minutes the Chamber is used past the reserved time. Fees charged for the rental of the City Council Chambers are not imposed as the City is not statutorily obligated to rent its facilities. To the extent the fees could be considered to be imposed, the fees are for the use of government property and are therefore not subject to the reasonable cost of providing services limitation required for other fees. In other words, these fees are either not subject to or are exempt from Proposition 26 and are based on market value.

The Finance Department proposes to increase the City’s Returned Check Processing fee from $10 to $25, which covers the cost incurred by the City from the banking institution for returned checks. This fee is exempt from Prop. 26 because it is a charge imposed for the reasonable regulatory costs to the City when a check is returned.

Community Development
SB9 Ministerial Review: State law changed and requires cities to have a ministerial review process for SB9 applications. SB9 applications include a housing development with no more than two primary units in a single-family zone, the subdivision of a parcel in a single-family zone into two parcels, or both. SB 9 facilitates the creation of up to four housing units in the lot area typically used for one single-family home. SB 9 contains eligibility criteria addressing environmental site constraints (e.g., wetlands, wildfire risk, etc.), anti-displacement measures for renters and low-income households, and the protection of historic structures and districts. This is a new fee, and it covers the staff time to verify compliance with the objective design standards. The fees for this application are not a tax because the service is provided directly to the payor, it is not provided to those not charged, and the fee does not exceed the reasonable costs of providing the service. This fee is also exempt from Prop. 26 because it is a charge imposed for the reasonable regulatory costs to the City for issuing permits. Staff estimates that it Council Regular Meeting, 3/21/2023, Item No. 14., Item Page 3, Packet Page 240 takes 7.5 hours to conduct the SB9 ministerial review, resulting in a cost of $1,086.47 per application. The hourly rates for staff and the number of hours required for SB9 ministerial review are reflected in the fee schedule.

SB35 Ministerial Review: The intent of California Senate Bill (SB) 35 is to expedite and facilitate the construction of affordable housing. SB35 requires cities and counties that did not meet their state-mandated affordable housing requirement to use a streamlined ministerial review process for qualifying multifamily housing developments that comply with a jurisdiction’s objective planning standards, provide specified levels of affordable housing, and meet other specific requirements. SB 35 defines objective standards as those standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. This is a new fee, and it covers the staff time to verify compliance with the objective design standards. The fees for this application are not a tax because the service is provided directly to the payor, it is not provided to those not charged, and the fee does not exceed the reasonable costs of providing the service. This fee is also exempt from Prop. 26 because it is a charge imposed for the reasonable regulatory costs to the City for issuing permits. Staff estimates that it takes 14.5 hours to conduct the SB35 ministerial review, resulting in a cost of $2,131.18 per application.

The hourly rates for staff and the number of hours required for SB 35 review are reflected in the fee schedule.

Historic Preservation Fees: The City’s current policy, in effect since 2016, is to charge no fee (100% subsidize) Historic Rezone, Mills Act, Historic Permits, Historic Survey Reviews, and Historic Report Reviews. (Ord. 3553.) Staff is proposing to charge fees for properties seeking historic designation, tax incentives (Mills Act), permits and review of Historic Preservation Reports. The city historically charged these fees, but they were eliminated to incentivize historic preservation. However, property owners are acquiring these properties for large sums of money and staff can no longer support the waiver of City fees. This action will require both a municipal code amendment of City Code section 19-103 and a fee schedule amendment. These fees are not a tax because the service is provided directly to the payor, it is not provided to those not charged, and the fee does not exceed the reasonable costs of providing the service. These fees are also exempt from Prop. 26 because they are charges imposed for the reasonable regulatory costs to the City for issuing permits as follows:

Mills Act requests with a rezone require 34 hours of staff time resulting in a cost per application in the amount of $4,422.58. A Mills Act requests without a rezone require 24 hours of staff time resulting in a cost per application in the amount of $3,117.5.

Demolition review requires three hours of staff time resulting in an application cost in the amount of $379.19.

Historic Permit – Major (HPC) requires 16 staff hours and costs $2,053.62 per application.

Historic Permit administrative costs requires 4 hours per application costing $536.86.

Historic Preservation Report Review (HPC review) requires 9 staff hours resulting in a cost per application in the amount of $1,018.74.

Historic Survey review requires 13 staff hours and costs $1,619.93 per application.

Council Regular Meeting, 3/21/2023, Item No. 14., Item Page 4, Packet Page 241 Appeals: When City Code section 19-103 was first adopted in 1992, cost recovery for appeals was set at 20%. (Ord 3100.) In 2017, this amount of cost recovery was reduced to 10%, which is the percentage of cost recovery that is in effect today. (Ord. 3561.) Staff recommends full cost recovery. In addition, this action sets a fee for appeals before the Appeals Hearing Board, the Building and Housing Appeals Board, and the Disabled Access Appeals Hearing Board. This $881.61 fee is slightly less than Community Development appeal costs, and it was calculated based on .5 hours of City Attorney time, 2 hours of Deputy City Attorney time, 1.5 hours of Assistant City Attorney time, and 2 hours of Legal Secretary time. The fully-burdened hourly rates are as follows:

HOURLY

BILL RATE CITY ATTORNEY POSITION
$82.00 Legal Secretary
$138.99 Deputy City Attorney II
$211.25 Assistant City Attorney
$245.52 City Attorney
The proposed ordinance amends Section 19-103 to reflect 100% cost recovery for appeals.

Appeal fees are not a tax because the service is provided directly to the payor, it is not provided to those not charged, and the fee does not exceed the reasonable costs of providing the service.

Proposed Deposits: Subdivision/Lot Line Adjustments/Lot Mergers: Licensed Land Surveyor Review: Major and Minor Subdivisions, Lot Line Adjustments, and Lot Mergers require tentative maps, parcel maps, or exhibits for recording at the County. To ensure these maps and exhibits conform to the requirements for recording (MCC Chapter 33, Subdivisions), the City has the maps and exhibits reviewed by a licensed land surveyor. The City does not have a licensed land surveyor that can review these maps and exhibits; therefore, will utilize an on-call engineering firm to provide these services. Accordingly, a deposit in the amount of $4,000 is required and any funds remaining after professional review costs have been deducted from the deposit will be refunded to the applicant.

Pre-Application: Some applicants request substantial consultation prior to application submittal. The City offers a pre-application process where applicants request multiple consultations prior to application submittal. On occasion, the City has to involve outside consultants to facilitate applications. For example, wireless applicants request the City obtain the required independent RF analysis substantially prior to application submittal. So, the City incurs costs prior to application submittal. This pre-application process can help streamline formal application submittals and the proposed fee covers the cost of pre-application requests.

A $3,000 deposit is required for pre-application review. Any funds remaining after professional review costs have been deducted from the deposit will be refunded to the applicant.

Fire Department
Fire Department fees have been updated based on fully burdened rates for fire personnel as calculated by the City of Monterey. The calculation is based on each position at the top step, adding the negotiated premium pay average percentage, plus the FY23 benefit rate percentage, and the citywide and department indirect cost rates.

Council Regular Meeting, 3/21/2023, Item No. 14., Item Page 5, Packet Page 242 HOURLY

BILL RATE FIRE POSITION DUI INCIDENT RATE
$87.32 Administrative Assistant (OCP $360/pp) $71.92
n/a Fire Inspector I (PTS) – hourly rate n/a
$137.44 Senior Administrative Analyst $113.20
$97.14 Firefighter (56hr job class) $80.01
$107.10 Fire Engineer (56hr job class) $88.22
$123.94 Fire Captain (56hr job class) $102.08
$178.81 Fire Captain (Training = 40hr Premium Pay
10%)
$147.28
$187.42 Deputy Fire Marshal (40hr job class) $154.37
$154.42 Division Chief (56hr job class) $127.18
$222.78 Division Chief (40hr job class) $183.49
$269.75 Assistant Fire Chief (40hr job class) $222.18
$249.16 Fire Chief (40hr job class) $205.22

NO OVERHEAD IN DUI
Pursuant to case law, indirect costs (overhead) are not collected for DUI emergency responses.

The proposed Fire Department fees are not a tax because the service is provided directly to the payor, it is not provided to those not charged, and the fee does not exceed the reasonable costs of providing the service. These fees are also exempt from Prop. 26 because they are charges imposed for the reasonable regulatory costs to the City for issuing permits.

Additionally, the proposed action will establish Fire Department fees for services for three CPR classes. These fees are proposed for a $5 increase because the cost of the CPR card has increased by $5. A skills verification fee has been added for students that do not need to take the full class, but instead take the final test to have their skills verified by the instructor and receive the card. The classes are approximately 4 hours each. Skills verification takes one hour of instructor time. Therefore, the skills verification costs were calculated by the cost of ¼ of a full class, plus the cost of the card.

The inspection of defensible space takes two hours of Fire Inspector time, plus .5 hours of the Fire Prevention Technician time. The Fire Protection System Plan Check fee is a flat fee of $607 regardless of the size of the system. The proposed increase takes into account the time spent on the plan check based on the size of the system as follows:

1. 1-9 Devices is $235 which is 1 hour of Deputy Fire Marshal (DFM) time + .5 Fire Prevention Technician (FPT) time

2. 10-50 Devices is $428 which is 2 hours of DFM + .5 hours FPT

3. 50+ Devices is $623 which is 3 hours DFM + .5 hours FPT Library
The Library Department proposes eliminating fees related to Microfilm Copies and use of the Conference Room. Two microfilm readers that were no longer functioning or supported by ISD were sent to eWaste recycling (two 23-year-old microfilm devices, coin machines, and printer).

The library has newer digital microfilm equipment that integrates with existing print management software: people will pay for prints through the current print management fee structure. This is a Council Regular Meeting, 3/21/2023, Item No. 14., Item Page 6, Packet Page 243 process change to streamline the equipment that we maintain at the library and not have to support aging technology. With regard to the conference room, the past policy allowed the room to be used only by registered 501(c)3 non-profit groups. Use of the room was free with a library card; and library cards are free for anyone who lives, works, or goes to school in California. The new policy opens the room use to any library cardholder during regular library open hours - not just 501(c)3 non-profit groups. The policy change allows the library to support community needs for small group spaces, semi-private meeting spaces for virtual meetings, or other activities. Usage is now managed via an online system rather than a paper record of non-profits.

This action updates the fee structure to align with practice - no payment for use of the room due to the room already being free for library card holders. The proposed amendments result in no loss in revenue.

Parks and Recreation
Staff is proposing to increase Parks and Recreation fees by an average of 6% to 6.5%. There is a resident rate and a non-resident rate. The non-resident rate takes into account the fact that Monterey residents contribute to the City’s General Fund through a percentage of their property tax contributions (either directly as property owners, or indirectly as renters). It is common for public agencies offering parks and recreation services to charge residents less for program and service fees than non-residents, and that has been the case for the City of Monterey. There are meaningful private market options for lessons, classes, and other participation. For example, summer camps are offered by the YMCA, recreation programs provided by other municipalities and private fitness centers, etc., which show that participation in these City programs and services is voluntary. Therefore, those fees are not “imposed” within the meaning of Proposition

26. Each proposed fee adjustment has been reviewed independently to account for the cost of providing the service, enrollment, and surveys of fees for similar services offered in other communities.

Increasing fees at the Veteran’s Memorial Park, Monterey Sports Center, and Recreation Division would help the City operate safe, clean, and modern facilities for residents, members, program participants, and the public at large.

Fees charged for campground space at Veteran’s Memorial Park and for entering the Monterey Sports Center can be classified as fees for the entrance to or use of government property and are therefore not subject to the reasonable cost of providing services limitation required for other fees. In other words, these fees are exempt from Proposition 26 and are based on market value.

Also, the City policy, established in Resolution 92-061, has been to subsidize Monterey Sports Center operations by 25% and recover from customers 75%. The proposed increase would support the cost recovery goals established in the City policy.

Fees for the Parks and Recreation Commission Appeal Process, Parks Division RV Storage Lot and Urban Forestry Division are excluded from this fee increase since they generate revenue differently through the Parks Division and/or are increased annually per CPI.

At current FY23 projections, 6% to 6.5% of total revenue would be approximately $241,857 for FY24, if the new fees are implemented starting July 1, 2023.

Council Regular Meeting, 3/21/2023, Item No. 14., Item Page 7, Packet Page 244 Cemetery
Cemetery fees are not charges imposed exclusively from local government, and therefore Prop. 26 is not applicable. Alternatively, the cemetery fees are charges imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the city of providing the service or product. The fees are not imposed by the City as it is paid voluntarily, and the City is not the exclusive provider within the city. As explained below, the cemetery is operating at a significant loss. Additionally, the City’s Cemetery Coordinator performed a market study (see Appendix A) to look at other local cemetery fees, specifically the labor fees. The study supported that the City of Monterey’s labor rates were, in some cases, significantly lower than the competitors’ average prices.

The three cemeteries included in the study were: El Carmelo Cemetery, San Carlos Cemetery and Mission Memorial Park. The Cemetery Coordinator only reviewed comparable services such as single-depth burials and niche interments fees.

As a result of this study, the Cemetery Coordinator suggests that placing fees in the middle price range reflects a reasonable cost of providing the service or product. A working spreadsheet was prepared and lists other cemeteries’ fees compared to the City of Monterey.

Another decision was also made to no longer sell the double depth burial sites. Currently, the Health & Safety Code requires shoring to be constructed for digging more than four (4) feet in depth. The City’s cemetery is not equipped for this type of practice and the additional shoring requirement would increase the double depth price to be more expensive than two (2) single depth side by side plots.

The City’s cemetery has been operating at a loss for many years. As of June 30, 2022, the audited Annual Comprehensive Financial Statements show the City Cemetery Fund with a negative fund position of $257,785. The fund brought in $478K in revenue, but operating expenses for the year were $805K. The Cemetery is set up and operated as an enterprise fund.

Enterprise funds are used to account for services supported primarily by service charges (user fees). When the fund is operating at a loss, the General Fund is essentially subsidizing the cost.

This action is not consistent with the City policy and practice to recover costs reasonably borne to provide regulations, products, or services as set forth in 19-102. “Cost reasonably borne” include direct and indirect costs, including but not limited to maintenance, contracted services, salaries and supplies.

Lastly, two new fees were also added to our master fee schedule, minimum niche engraving fee and niche administrative fee. These are two services that were not previously included on the Fee Schedule.

Police Department
Police Department fees for personnel billing have been updated based on fully burdened rates for police personnel as calculated by the City of Monterey’s Finance Department. The calculation is based on each position at the top step, adding the negotiated premium pay average percentage, plus the FY23 benefit rate percentage, the citywide and department indirect cost rates.

Council Regular Meeting, 3/21/2023, Item No. 14., Item Page 8, Packet Page 245 HOURLY

BILL RATE

POLICE POSITION
DUI

INCIDENT
RATE
CHP

REIMBURSEME

NT (OT)
$106.17 Police Services Assistant n/a n/a
$113.12 Community Services Officer n/a n/a
$127.22 Police Services Technician n/a n/a
$137.20 Senior Police Services Technician $88.74 n/a
$178.98 Police Records & Detention
Supervisor
$115.76 n/a
$175.02 Senior Administrative Analyst n/a n/a
$206.69 Police Office $133.69 $200.53
$252.62 Police Sergeant $163.39 $245.09
$292.56 Police Lieutenant $189.23 $189.23
$337.37 Assistant Police Chief n/a n/a
$317.45 Police Chief n/a n/a
Additionally, in consultation with the Finance Department, the Dog Licensing Fees has been structured to more closely with neighboring cities and Monterey County. The City's dog license fee schedule was established on March 3, 1992 by Resolution No. 92-50. The City has not revised the license fees since the Resolution was adopted. The Revenue Team researched and compared the City's dog license fee to that of other municipalities within Monterey County:
the County of Monterey, and the cities of Carmel-by-the-Sea, Gonzales, Marina, Pacific Grove, Salinas, Seaside and Soledad. Staff found that the City of Monterey's license fee was substantially below the average market dog license fee. Therefore, staff recommends raising the license fees to reflect the fee schedule of the County of Monterey, which administers licenses for the County, Carmel-By-The-Sea, and the City of Salinas. The County's dog license fee of $15 (altered) and $54 (unaltered) is close to the average dog license fee of $16.89 (altered) and $45.89 (unaltered). This fee is exempt from Prop. 26 because it is a charge imposed for the reasonable regulatory costs to the City for issuing the dog licenses.

Public Works Department
Within the Public Works Department, the Sewer Office proposed to increase the Sewer Connection Fee for Dwelling Units will increase from $3,339 to $3,515. The Sewer Connection Fee is imposed on new sewer connections or in situations where a change in use of a property results in a higher sewer generation rate (e.g., retail use to residential use). In this case, Monterey One Water calculates the increase in flow, which is used to determine the City’s fees.

This is an increase of 5.2% in alignment with Engineering News-Record's Construction Cost Index published in December 2022.This fee is exempt from Proposition 16 because it is a charge imposed as a condition of property development. Also, it is a charge imposed for a specific government service provided directly to the payor that is not provided to those not charged, and which not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.

Parking Division
The Parking Division proposes to delete several footnotes of the Parking Master Fee Schedule.

The proposed deletions are as follows:
 “5. An administrative fee of $10 will be charged to dismiss a parking citation for failure to display a proper permit.” Eliminating the fee is consistent with Vehicle Code section Council Regular Meeting, 3/21/2023, Item No. 14., Item Page 9, Packet Page 246 40215(a), which does not allow for a fee to be imposed for administrative review of a parking ticket.
 “8. Effective 01/01/09, the Fisherman's Wharf Party Boat discount rate for the Waterfront lot for the period of Memorial Day through Labor Day shall be $7/day and $5/day the remaining time of the year.” This lot is being combined with the Marina Lot and will become a pay by plate lot instead of a gated lot. Because it will no longer be a pay-asyou-exit lot, the City does not have a mechanism to apply discounted rates.

The remaining footnotes will be renumbered to reflect the deletion of footnotes five and eight.

Further Discussion
The City relies on several key indicators in order to adjust its fees for inflation. Primarily, this is the Consumer Price Index (CPI). Fees impacted by the CPI are marked with a footnote in Exhibit A – Master Fee Schedule.

Except as noted below, fees shall be adjusted annually on July 1st based on the Consumer Price Index (CPI). The CPI increase shall be based on the published CPI for San Francisco Area (San Francisco-Oakland-San Jose) April addition and rounded to the nearest fifty cent (.50).

Fees for Public Works – Sewer shall be adjusted annually on July 1st based on the December Construction Cost Index published in the Engineering News Record per the Monterey Regional Water Pollution Control Agency (MRWPCA) ordinance 2021-01.

Fees for the Harbor and Marina shall be adjusted annually based on the CPI for San Francisco Area February addition and rounded to the nearest fifty cents.

As such, staff will come back to Council in May to amend the remaining areas where the relied upon CPI is not yet available.

CONCLUSION:

Staff recommends that Council accept the proposed changes to the Master Fee Schedule as presented and adopt a resolution to amend and restate Resolution 22-077.

KRO/RTK
Attachments: 1. Resolution with Exhibit A (Master Fee Schedule)

2. Cemetery Fee market study

3. Ordinance
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, 3/21/2023, Item No. 14., Item Page 10, Packet Page 247 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
AMEND AND RESTATE RESOLUTION 22-077, THE MASTER FEE SCHEDULE,

TO UPDATE THE CITY ATTORNEY, COMMUNITY DEVELOPMENT, PARKS AND RECREATION, CITY CLERK’S OFFICE, LIBRARY & MUSEUMS, FIRE DEPARTMENT,

POLICE DEPARTMENT, FINANCE DEPARTMENT, PUBLIC WORKS DEPARTMENT,

PARKING DIVISION, AND HARBOR DIVISION FEE SCHEDULES
WHEREAS, the City Council adopted Resolution 14-132 to establish a Master Fee Schedule;
WHEREAS, on November 17, 2015, the City Council adopted Resolution 15-215, which amended and restated Resolution 14-132;
WHEREAS, on December 7, 2021, the City Council adopted Resolution 21-127, which amended and restated Resolution 15-215;
WHEREAS, on March 15, 2022, the City Council adopted Resolution 22-024, which amended and restated Resolution 21-127;
WHEREAS, on June 29, 2022, the City Council adopted Resolution 22-077, which amended and restated Resolution 22-127;
WHEREAS, the City Code calls for a full analysis of costs reasonably borne not less than every five years. Staff conduct cost of services studies to review and calculate the City’s expenditures linked to a particular activity in order to determine the fee amount and cost recovery level. Therefore, from time to time, the Master Fee Schedule has been amended to reflect changes or adjustments to fees as necessary to recover costs pursuant to that policy; WHEREAS, this resolution amends only the City Attorney’s Office, Community Development, Parks and Recreation, City Clerk Office, Police Department, Fire Department, Finance Department, Public Works Department, Parking Division, and Library fee schedules; it does not alter any other fees previously adopted by the City Council and those are restated along with the amended fees in Exhibit A to this Resolution; WHEREAS, the City provides a variety of services to the public which benefit the entire community, individuals, or businesses. For certain services such as regulatory fees or recreational activities, the City recovers partially or fully the cost of providing these services, which would have been otherwise paid from the General Fund; WHEREAS, where required by law, the amount of the new or increased fees and charges is no more than necessary to cover the reasonable cost of the governmental activity, and the manner in which those costs are allocated to the payer’s burden on, or benefits received from, the governmental activity;
WHEREAS, certain fees in the fee schedule are for government services provided directly to the payor that are not provide to those not charged. Where required by law, the Council Regular Meeting, 3/21/2023, Item No. 14., Item Page 11, Packet Page 248 2 amount of these fees do not exceed the reasonable costs to the City of providing the services.

Consequently, pursuant to California Constitution, Art. XIII C, Section 1(e)(2), such fees are not a tax;
WHEREAS, Propositions 13, 218, and 26 have placed both substantive and procedural limits on cities’ ability to impose fees and charges. Collectively these constitutional amendments provide safeguards against taxes being imposed without a vote of the people; and WHEREAS, Proposition 26 contains a requirement that the local government “bears the burden of proving by a preponderance of the evidence that a levy, charge, or other exaction is not a tax, that the amount is no more than necessary to cover the reasonable costs of the governmental activity, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor’s burdens on, or benefits received from, the governmental activity.” (California Constitution, Article XIII C, Section 1); WHEREAS, fees charged for rental of the City Council Chambers are not imposed as the City is not statutorily obligated to rent its facilities. To the extent the fees could be considered to be imposed, the fees for the City Council Chambers rental, Veteran’s Park Campground fees, and Sports Center entry fees are for the use of government property and are therefore not subject to the reasonable cost of providing services limitation required for other fees. In other words, these fees are either not subject to or are exempt from Proposition 26 and are based on market value;
WHEREAS, the Returned Check Processing Fee, Dog Licensing Fees, and Fire Inspection fees are regulatory fees charged to recover the reasonable regulatory costs of the City for issuing permits
WHEREAS, Community Development Department ministerial review fees, Historic Preservation Fees, and advance deposits for other permit application processing are not a tax because the service is provided directly to the payor, it is not provided to those not charged, and the fee does not exceed the reasonable costs of providing the service. This fee is also exempt from Prop. 26 because it is a charge imposed for the reasonable regulatory costs to the City for issuing permits;
WHEREAS, appeal fees are not a tax because the service is provided directly to the payor, it is not provided to those not charged, and the fee does not exceed the reasonable costs of providing the service;
WHEREAS Parks and Recreation fees that are in connection with the use of City property are not a tax. Fees are not imposed on program and class fees as there are meaningful private market options and participation in the programs and services is voluntary; WHEREAS, the data indicating the amount of the cost, or estimated cost, required to provide the service for which the fee or service charge is levied was made available to the public for inspection upon request at least 10 days before the adoption of this resolution; .

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, along with the agenda report and data (Fee Study), of the City Council as if fully set forth herein.

Council Regular Meeting, 3/21/2023, Item No. 14., Item Page 12, Packet Page 249 3 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY it hereby amends and restates Resolution 22-077, the City Master Fee Schedule, attached hereto and incorporated by reference as Exhibit A. The increased fees shall be effective July 1, 2023. Exhibit A will be administratively amended to add CPI increases that take effect prior to July 1, 2023.

NOW THEREFORE BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that in the event of any challenge to any increased or new fee adopted herein, including any challenge pursuant to Cal. Constitution, Article XIIIC, the formerly adopted fee shall then be in effect unless and until the challenged fee becomes effective.

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, 3/21/2023, Item No. 14., Item Page 13, Packet Page 250 Master Fee Schedule
Fiscal Year 2023
Administrative Services
Community Development - Permits & Inspections
Community Development - Planning
Community Development - (New 2023-24)
Community Development & Public Works - General
Library
Monterey Conference Center
Museums & Cultural Arts
Parking
Parks & Recreation
Parks & Recreation - Cemetery
Public Safety - Fire
Public Safety - Police
Public Works - Harbor & Marina
Public Works - Sewer
Updated March 20, 2023
Bid Protest & Bidder Responsibility Appeals Fees

EXHIBIT A
Council Regular Meeting, 3/21/2023, Item No. 14., Item Page 14, Packet Page 251 DESCRIPTION FY 24 FEE
General
Agenda and Minutes Mailing Service1, PER YEAR $41.00
Agenda Packet Subscription Service -
Council, Planning Commission, $226.50
Agenda Packet Subscription Service -
All other Boards and Commissions $60 per year
Certification of Documents $1.00 per document
Notary Service (per signature) IAW GC 8211 - $15.00
Transparency Reproduction $1.50 each
Fax Service - Send $4 first page, $3 each add'l page
Fax Service - Receive $2 first page, $1 each add'l page CD/DVD Duplication Direct cost (currently $1.00 each)
Publication of optional Candidate Statement in the
Voter Guide
100% of the amount determined by the Monterey
County Elections Department, to be paid by an
advance deposit of the estimated total, and to be
trued up following the County’s issuance of the actual
cost following the election.

Deposit for Filing a Notice of Intent to Circulate
Initiative Petition $200
Going-out-of-business or Fire Sale Permit -
initial application (up to 30 days) $25
Going-out-of-business or Fire Sale Permit -
First Renewal (30 to 60 days) $50
Going-out-of-business or Fire Sale Permit -
Second (final) Renewal (60 to 90 days) $10 per day
Duplicate Business License Fee $5
Returned check Processing $25
PW Engineering Maps and Documents $3 per square foot
Zoning Ordinance, General Plan, EIRs, Budgets $20
Photocopying Services - Conference Center $.25 per page Photocopying Services - Public Works $.18 per page (11x17) Photocopying or Printing Services -
All others including Public Records $.10 per page (8.5x11) Ryan Ranch Recreational Vehicle Storage Facility, 20-
foot space, per month.1 $66.00
Ryan Ranch Recreational Vehicle Storage Facility, 25-
foot space, per month.1 $83.00
Ryan Ranch Recreational Vehicle Storage Facility, 30-
foot space, per month.1 $99.00
Appeals Hearing Board - Appeals Fee $881.61
Disabled Access Appeals Board - Appeals Fee $881.61
Building and Housing Appeals Board - Appeals Fee $881.61 Appeal of Marina Decisions to Council equal to fine asessed by Harbormaster Appeal of East Anchorage Decisions to Council equal to fine asessed by Harbormaster Appeal of Yellow Boat Permits to Council equal to fine asessed by Harbormaster

ADMINISTRATIVE SERVICES
(2 pages)

EXHIBIT A
Council Regular Meeting, 3/21/2023, Item No. 14., Item Page 15, Packet Page 252 DESCRIPTION FY 24 FEE

ADMINISTRATIVE SERVICES
(2 pages)
Weed Abatement Fee Appeal to be set by resolution
Tobacco Retail License Fee $297
Monterey City Council Chamber Rental Fees
Council Chamber facility (includes use of furniture,
kitchenette (sink, counter, pod-style coffee maker),
bathrooms, microphones, connections for laptop
computers, and operation by City staff of audio-visual
equipment (document camera, projector, and
projection screen) $80 per hour (3 hour minimum)
Council Chamber facility - Overtime Rate
$50 per 15 minutes the Chamber is used past the
reserved time
Television Broadcast cameras and equipment
(requires Access Monterey Peninsula (AMP) personnel
be separately contracted/retained to operate equip) $250 per reservation City Support Staff $71 per staff member per hour 1
Fees shall be adjusted annually in July based on the Consumer Price Index (CPI). The CPI increase shall be based on the published CPI for San Francisco Area (San Francisco-Oakland-San Jose) April edition and rounded to the nearest fifty cent (0.50)

EXHIBIT A
Council Regular Meeting, 3/21/2023, Item No. 14., Item Page 16, Packet Page 253 DESCRIPTION FY 24 FEE
Bid Protest
Purchases of goods, services, public works projects, etc. subject to informal bidding or requests for proposals $100
Public Works Projects subject to formal bidding up to $1 million and formal requests for proposals $250
Public Works Projects over $1 million and less than $5 million $500 Public Works Projects $5 million and over $1,000
Bidder Responsibility Appeals
Purchases of goods, services, public works projects, etc. subject to informal bidding –appeals without a hearing $100
Purchases of goods, services, public works projects, etc. subject to informal bidding - appeals with a hearing $500
Public Works Projects subject to formal bidding up to $1 million and formal requests for proposals – appeals without a hearing $250 Public Works Projects subject to formal bidding up to $1 million and formal requests for proposals – appeals with a hearing $750 Public Works Projects over $1 million and less than $5 million – appeals without a hearing $500
Public Works Projects over $1 million and less than $5 million – appeals with a hearing $1,000
Public Works Projects $5 million and over – appeals without a hearing $1,000 Public Works Projects $5 million and over – appeals with a hearing $1,500

BID PROTEST & BIDDER RESPONSIBILITY APPEALS FEES

EXHIBIT A
Council Regular Meeting, 3/21/2023, Item No. 14., Item Page 17, Packet Page 254 P/C-Bldg Only
Low Range High Range Incrmt Result Extra
$0.00 $4,000 1000 $100.89 $0.00
$4,000.01 $5,000 1000 $105.35 $0.00
$5,000.01 $25,000 1000 $105.35 $22.23
$25,000.01 $50,000 1000 $549.99 $16.05
$50,000.01 $100,000 1000 $951.36 $11.13
$100,000.01 $500,000 1000 $1,507.90 $8.89
$500,000.01 $1,000,000 1000 $5,062.71 $7.56
$1,000,000.01 $99,999,999,999,999 1000 $8,843.33 $5.00
P/C- All Work
Low Range High Range Result Extra
$0.00 $2,000 1000 $100.89 $0.00
$2,000.01 $3,000 1000 $110.38 $0.00
$3,000.01 $25,000 1000 $110.38 $31.12
$25,000.01 $50,000 1000 $794.99 $22.46
$50,000.01 $100,000 1000 $1,356.62 $15.55
$100,000.01 $500,000 1000 $2,134.60 $12.46
$500,000.01 $1,000,000 1000 $7,117.18 $10.56
$1,000,000.01 $99,999,999,999,999 1000 $12,398.39 $7.01 Building Permit Fees - Monterey
Bldg Only
Low Range High Range Result Extra
$0.00 $2,000.00 1000 $100.89 $0.00
$2,000.01 $25,000.00 1000 $100.89 $34.21
$25,000.01 $50,000.00 1000 $887.68 $24.70
$50,000.01 $100,000.00 1000 $1,504.66 $17.11
$100,000.01 $500,000.00 1000 $2,359.86 $13.68
$500,000.01 $1,000,000.00 1000 $7,831.93 $11.62
$1,000,000.01 $9,999,999,999.99 1000 $13,637.65 $7.70
Bldg All Work
Low Range High Range Result Extra
$0.00 $1,000.00 1000 $100.89 $0.00
$1,000.01 $2,000.00 1000 $141.26 $0.00
$2,000.01 $25,000.00 1000 $141.26 $47.89
$25,000.01 $50,000.00 1000 $1,242.67 $34.54
$50,000.01 $100,000.00 1000 $2,105.76 $23.94
$100,000.01 $500,000.00 1000 $3,303.08 $19.17
$500,000.01 $1,000,000.00 1000 $10,966.31 $16.25
$1,000,000.01 $9,999,999,999.99 1000 $19,095.76 $10.78

COMMUNITY DEVELOPMENT DEPT - PERMITS & INSPECTIONS
1 Fee amounts will include CPI adjustments from April 2023 SF CPI.

DESCRIPTION
Plan Check - Monterey
Fee Amount
FY 24 FEE2
Fee Amount
Fee Amount
Fee Amount

EXHIBIT A
Council Regular Meeting, 3/21/2023, Item No. 14., Item Page 18, Packet Page 255 DESCRIPTION FY 24 FEE
Architectural Review - ARC Major 1 $4,620.00
Architectural Review - ARC Minor 1 $2,102.50
Architectural Review - Admin Major 1 $1,298.50
Architectural Review - Admin Minor 1 $362.50
Architectural Review - Signs ARC/HPC Review, including Historic Permit 1 $1,607.50 Architectural Review - Signs Minor 1 $412.50
Historical Preservation - Mills Act Request w/rezone * $0.00 Historical Preservation - Mills Act Request w/o rezone * $0.00 Historical Preservation - Demolition Review 1 $260.50
Historical Preservation - Historical Permit, major * $0.00 Historical Preservation - Historical Permit, admin * $0.00 Historical Preservation - Historic Report, review * $0.00 Hisotric Preservation - Historic Survey * $0.00
Conditional Use Permits -Planning Commission Major (deposit) $4,000 deposit Preapplication $1,000.00
Conditional Use Permits - Planning Commision Minor 1 $2,392.50 Conditional Use Permits - Zoning Administrator 1 $1,012.00 Conditional Use Permits - Temporary 1 $362.50
Variances/Parking Adjustment - Major Planning Commission 1 $1,894.00 Variances/Parking Adjustment - Minor Zoning Administrator 1 $1,012.00 Subdivisions - Tentative Subdivision Map (includes preliminary and final) $6,000 deposit Subdivisions - Covenant of Easement 1 $373.00
Subdivisions - Minor Subdivisions 1 $4,831.50
Subdivisions - Lot Line Adjustment 1 $4,259.00
Subdivisions - Certificate of Compliance 1 $1,534.00
Lot Merger 1 $909.00
Environmental Review - Environmental Impact Report
deposit based on
cost estimate
Environmental Review - Environmental Initial Study
leading to a Negative Declaration $4,000 deposit
(2 pages)

Monterey City CouncilMarch 21, 2023

Monterey City Council
March 21, 2023