Agenda packet — Monterey City Council, July 18, 2023 (part 1 of 2)

Council Chamber
580 Pacific Street
Monterey, California
City Council Agenda
Council Regular Meeting
Tuesday, July 18, 2023
4:00 PM – 5:30 PM
7:00 PM – 11:00 PM
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.
 In-Person: Please see the meeting location listed above. Wearing a mask is recommended and encouraged.
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 To “raise your hand,” dial *9. Once called upon, dial *6 to unmute o Need help using or updating Zoom? Read our Zoom Meeting Instructions (PDF)  This meeting will also stream live for viewing only on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90-second delay). ***Afternoon Session Agenda ***
4:00 - 5:30 p.m.

CALL TO ORDER

PRESENTATIONS

1. Recognize July as Parks and Recreation Month and Receive Update on Programs (Not a Project Under CEQA per 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.
7/18/2023 4:00:00 PM
2 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. June 20, 2023 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Award of Construction Contracts

3. Award a Sole Source Contract to Refrigeration Supplies Distributor in the Amount of $384,970.00 for the Replace NAE NCE Controllers Project (POM 22031) (NEPA Categorical Exclusion (32 CFR Part 651), CEQA Not a Project)

4. Award a Job Order Contract to Precision Emprise, LLC dba Precision Concrete Cutting in the amount of $500,000 for On-Call Sidewalk Repair Projects (Exempt from CEQA, Article 19, Section 15301, Class 1)
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.

5. 2nd Reading by Title Only of an Ordinance to Amend Chapter 25, Section 12.04(b) of Monterey City Code, "Holidays Observed," to add the Juneteenth Holiday (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)

6. 1st Reading by Title Only of an Ordinance to Implement a Clerical/Technical Update to Chapter 14, Garbage and Refuse, Article, 1, Section 14-8(5) "Penalty Amounts for Types of Violations" (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

7. 1st Reading by Title Only of an Ordinance to Amend Monterey City Code Section 28-4 to Add an Exception to Purchasing Requirements for New and Replacement Vehicles (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."

8. Authorize the City Manager to Enter into an Agreement with the Federal Highway Administration (FHWA) to accept Safe Streets and Roads for All Action Planning Grant Funds, Amend Resolution 23-069 to Include the City of Monterey Local Road 7/18/2023 4:00:00 PM
3 Safety Plan Project in the Capital Improvement Program and Authorize an Increase of FY24 Revenue and Appropriation of $200,000 in Grant Reimbursement Funds to the Project ***CIP*** (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

9. Authorize the Finance Director to appropriate $40,000 from the Neighborhood and Community Improvement Program (NCIP) Contingency Account to the Old Capitol Site Master Plan project and Award a Professional Services Agreement for the Preparation of the Old Capitol Site Master Plan to BFS Landscape Architects in the Amount Not-to-Exceed $115,000. ***NCIP*** (Not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378)

10. Award Two Professional Services Agreements in the Amount of $500,000 Each for On-Call Professional Assessment, Engineering, Environmental, and Construction Support Services for Programmatic Repairs to Municipal Wharves in the City of Monterey to: (1) COWI North America, Inc.; and (2) Foth & Van Dyke and Associates, Inc. ***CIP/NCIP *** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

11. Approve the Memorandum of Understanding (MOU) for the Management Employees’ Association (MEA) 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)

12. Approve the Memorandum of Understanding (MOU) for the Monterey Police Association (MPA) 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)
Other

13. Receive Mayor’s Recommendation and Appoint Julie Tilley Barlow to the Historic Preservation Commission (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061)

14. Authorize the Mayor to Sign a Letter on Behalf of the City Council supporting SB 326 (Eggman) Behavioral Health Services Act, and AB 531 (Irwin) Behavioral Health Infrastructure Bond Act of 2023 (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

15. Authorize the Mayor to Sign a Letter on Behalf of the City Opposing AB 504 (Reyes), Proposed Legislation Would Create a System Where Nearly Any City Employee Can Sympathy Strike Regardless of Their Job Duties (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
*** End of Consent Agenda ***

PUBLIC HEARING
PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. NOTICE CONCERNING YOUR LEGAL RIGHTS: If you challenge the City Council’s zoning, 7/18/2023 4:00:00 PM
4 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).)

16. Adopting a Resolution Establishing Objective Design Standards for the Downtown and Lighthouse Specific Plans and Amending the Plans to Clarify Visitor Accommodation Facility District Requirements, Adding Massage Establishment Requirements and Definition, Adding Fence and Wall Requirements, Adding Makerspace Use Classification and Definition, Clarifying Residential Minor and Major (First Floor; Four Units or More) Requirements, Adding New Subdivision Minimum Lot Size and Width Requirements, Updating Streetscape Lighting Requirements, and Amending the Utility-Major Definition to Include Water Facilities (Exempt from CEQA Article 19, Section 15305, Class 5) -- Continued from June 20, 2023

17. Confirm Alvarado Street Maintenance District 85-1 Area and Assessment Proposed in Engineer’s Report for Fiscal Year 2023/2024 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)

18. Confirm Calle Principal Maintenance District 00-1 Area and Assessment Proposed in Engineer’s Report for Fiscal Year 2023/2024 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) *** Adjourn to Closed Session (See additional agenda) *** Council will adjourn to closed session no later than 5:00 p.m.

RECESS 5:30 p.m.

RECONVENE
*** Evening Session Agenda ***
7:00 - 11:00 p.m.

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

PLEDGE OF ALLEGIANCE

CONTINUED PUBLIC COMMENTS (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.

ANNOUNCEMENTS FROM CLOSED SESSION
7/18/2023 4:00:00 PM
5 PUBLIC APPEARANCE (EVE)
PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time each speaker is allocated.

19. Adopt Resolution Adopting the Lead Me Home 5-Year Plan Update by the Coalition of Homeless Service Providers (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

20. Adopt Resolution Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

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

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

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

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

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

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Voicemail: (831) 646-3799
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Email: [email protected]
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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.
7/18/2023 4:00:00 PM
6 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
№08/22
FROM: Karen Larson, Parks and Recreation Director
SUBJECT: Recognize July as Parks and Recreation Month and Receive Update on Programs (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council recognize the month of July as Parks and Recreation Month in the City of Monterey, celebrate the value of parks and recreation in our community, and receive a verbal update on programs.

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:

No new policy implications are associated with this proclamation.

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:

The City Council could choose to not recognize the month of July at Parks and Recreation Month in the City of Monterey, or to receive a verbal update on programs.

Date: 7/18/2023
Item No.: 1.

Council Regular Meeting, 7/18/2023, Item No. 1., Item Page 1, Packet Page 7 DISCUSSION:

For Parks and Recreation Month, many states, provinces, cities/towns, and municipalities from across the nation come together to celebrate with official government proclamations in honor of the contributions Parks and Recreation makes to their communities.

Since 1985, people in the United States have celebrated Park and Recreation Month in July to promote building strong, vibrant, and resilient communities through the power of parks and recreation and to recognize the more than 160,000 full-time park and recreation professionals, along with hundreds of thousands of part-time and seasonal workers and volunteers, that maintain our country’s local, state and community parks.

Parks and Recreation Month encourages everyone to reflect on the exponential value parks and recreation professionals bring to communities. This year's theme is “Where Community Grows” which celebrates the vital role park and recreation professionals play in bringing people together, providing essential services and fostering the growth of our neighborhoods.

The City of Monterey Parks and Recreation Department provides spaces, programs, and services that are essential to the area’s vitality. It serves as a key factor in advancing health equity, improving individual and community-level health outcomes, and enhancing quality of life.

Thousands of people of all ages enjoy the City’s multitude of parks, ballfields, disc golf course, sports courts (tennis, pickleball, and basketball), playgrounds, beach areas, dog park, recreation trail, skate park, and campground, as well as a diverse assortment of programs and services at the community centers and the Sports Center.

Thanks to City funds, user fees, support from the Neighborhood Community and Improvement Program (NCIP), and private donors, the City is able to provide recreational opportunities for seniors, children, teens, families, students, military members, and all constituents of society.

The leadership of the City Council, the interest and oversight of the Parks and Recreation Commission, the dedication of our City employees, and public support have all created a model City recreation and parks program in Monterey that is recognized across the County. Parks and Recreation professionals create community every single day. Let’s come together and celebrate their accomplishments, as well as their dedication and commitment during Parks and Recreation Month.

A verbal update on Parks and Recreation programs will be made at the meeting.

KL
Attachments: 1. Proclamation
e: Parks and Recreation Commission
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, 7/18/2023, Item No. 1., Item Page 2, Packet Page 8 Council Regular Meeting, 7/18/2023, Item No. 1., Item Page 3, Packet Page 9

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF MONTEREY
Tuesday, June 20, 2023
4:00 PM 7:00 PM

COUNCIL CHAMBER

MONTEREY, CALIFORNIA
Councilmembers

Present: Barber, Garcia, Haffa, Smith, Williamson

Absent: None
City Staff

Present:

City Manager, Assistant City Manager, Assistant City Attorney, Community Development Director, Recording Secretary, Senior Associate Planner, Associate Planner, Lieutenant, Senior Engineer, Intern
***Afternoon Session Agenda ***

CALL TO ORDER
Mayor Williamson called the meeting to order at 4:00 p.m. Recording Secretary Cleary called the roll as highlighted above and explained to the public how to participate in the meeting virtually.

PUBLIC COMMENTS (MATTERS NOT ON AGENDA)
Public comment on non-agendized matters was received from: Steve Lightfoot, Jenny Catnack, Rick Johnson, Jody Emerson, and Gregg.

CONSENT ITEMS
No public comments were provided regarding the Consent Agenda items, and no items were pulled from the Consent Agenda for discussion.

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

1. June 6, 2023 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Approved as submitted
Date: 7/18/2023
Item No.: 2.

Council Regular Meeting, 7/18/2023, Item No. 2., Item Page 1, Packet Page 10 City Council Minutes June 20, 2023
2 Ordinances

2. 1st Reading by Title Only of an Ordinance to Amend Chapter 25, Section 12.04(b) of Monterey City Code, "Holidays Observed," to add the Juneteenth Holiday (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Introduced by title only; Waived full reading; Passed Ordinance to print Resolutions

3. Accept Grant of Easement from the United States of America for Storm Drainage Infrastructure Purposes over Portion of the Land at U.S. Navy Naval Postgraduate School (APN 013-011- 003-000) in Monterey, CA, and Authorize the Mayor to Sign the Grant of Easement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061 and Record of NEPA Categorical Exclusion Prepared per 32 CFR 775.6(f)(30)) Action: Adopted Resolution No. 23-070 C.S.

Other

4. Authorize the Mayor to Sign a Letter on Behalf of the City Council Supporting the Application by the Transportation Agency for Monterey County to the United States Department of Transportation (USDOT) Safe Streets for All Discretionary Grant Opportunity for Fiscal Year 2023 for the Monterey County Regional Vision Zero Action Plan (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Authorized Mayor Williamson to sign the letter

5. Recognize City Employees for Milestone Anniversaries and Retirements for 2nd Quarter 2023 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Recognized employees
City Manager Uslar recognized City employees for milestone anniversaries and retirements. *** End of Consent Agenda ***
Adjourn to Ocean View Community Services District Meeting: Consent Agenda The Council adjourned to the Ocean View Community Services District meeting at 4:22 p.m.

6. 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) Action: Received report
There were no public comments on this item.

Adjourn to City Council Meeting
The Ocean View Community Services District board adjourned to the City Council Regular meeting.

Council Regular Meeting, 7/18/2023, Item No. 2., Item Page 2, Packet Page 11 City Council Minutes June 20, 2023
3 PUBLIC APPEARANCE

7. Receive a Report and City Council Feedback on the May 30, 2023 Rental Inventory Monterey Town Hall Meeting (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Received report; Provided feedback; Received public comments Community Development Director Cole gave the staff presentation.

Councilmember Garcia, Councilmember Barber, Councilmember Haffa, and Mayor Williamson announced that they had attended the event; Councilmember Smith said he did not attend but watched the recording afterward.

The City Council spoke highly of the public input received through the May 30, 2023 Rental Inventory Monterey Town Hall Meeting, highlighted points of interest, shared ideas for improvement, and voiced concerns relevant to the matter.

Public comment was received from: Loren Samuels, who spoke against Rental Inventory implementation; Adam Pinterits, who asserted that more public outreach and input are needed; Kathy Anderson, who suggested a Rental Inventory would be unfair; Kevin Dayton, who argued against the Rental Inventory and advocated for maintaining privacy; Young Seon, who asked clarifying questions regarding the Rental Inventory; Jeff Davi, who argued against the Rental Inventory; Nelson Vega, who suggested the issue should be addressed privately and without Council involvement; Sherna Stewart, who provided potential solutions; Esther Malkin, who said the Town Hall's attendance was disproportunate between renters and property owners and advocated for homelessness prevention; Lori Mazzuca, who provided suggestions for future improvement; and Graziella Cardinalli, who alleged the burden of a Rental Inventory falls to property owners over renters.

In the interest of timing, Mayor Williamson forewent Councilmember Comments.

8. Receive Monterey One Water (M1W) Presentation and City of Monterey Staff Report Regarding M1W Billing Change Proposal (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Received presentation
City Manager Uslar introduced Paul Sciuto, of Monterey One Water, who gave Monterey One Water’s presentation and answered Councilmembers' questions regarding the fee, revenue structures, fiscal impacts and responsibilities, and financial processes involved City Manager Uslar introduced Intern Kennedy, who presented the staff report.

Mr. Sciuto added further information regarding the matter.

In the interest of time, Mayor Williamson shortened the public comment allotment from three minutes to two minutes each.

Public comment was received from: Esther Malkin, who expressed gratitude for the item's presentation and consideration; Lori Mazzuca, who said she had not received anything regarding this change; and Graziella Cardinalli, who shared concerns for rising fees.

Mayor Williamson supplied a response regarding the presented comments.

Council Regular Meeting, 7/18/2023, Item No. 2., Item Page 3, Packet Page 12 City Council Minutes June 20, 2023
4 PUBLIC HEARING

9. Adopting a Resolution Establishing Objective Design Standards for the Downtown and Lighthouse Specific Plans and Amending the Plans to Clarify Visitor Accommodation Facility District Requirements, Adding Massage Establishment Requirements and Definition, Adding Fence and Wall Requirements, Adding Makerspace Use Classification and Definition, Clarifying Residential Minor and Major (First Floor; Four Units or More) Requirements, Adding New Subdivision Minimum Lot Size and Width Requirements, Updating Streetscape Lighting Requirements, and Amending the Utility-Major Definition to Include Water Facilities (Exempt from CEQA Article 19, Section 15305, Class 5)
Action: Continued to July 18, 2023 at the 4:00 p.m. session.

Mayor Williamson announced that in the interest of time, item 9 would be considered for continuance. The Council unanimously agreed.

On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by voice, the City Council continued the item to July 18, 2023 at the 4:00 p.m. session:

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

10. Levy Assessments to Fund the North Fremont, New Monterey, and Cannery Row Business Improvement Districts (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Continued to evening session; Conducted public hearing; Adopted Resolution Nos. 23-071, 23-072, and 23-073 C.S.

Mayor Williamson announced that in the interest of time, item 10 was recommended for continuance to the evening session. The Council unanimously voted to support the continuance as recommended.

On a motion by Mayor Williamson, seconded by Councilmember Garcia, and carried by the following vote, which was conducted by voice, the City Council continued the matter to the evening session:

Community Development Director Cole gave the staff presentation and confirmed there were no protest votes from any of the businesses in the districts.

No public comments were received.

Council Regular Meeting, 7/18/2023, Item No. 2., Item Page 4, Packet Page 13 City Council Minutes June 20, 2023
5 On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by voice, the City Council adopted Resolution Nos. 23- 071, 23-072, and 23-073 C.S.:

RECONVENE
The Council reconvened at 7:00 p.m., with the full Council present. *** Evening Session Agenda ***

PLEDGE OF ALLEGIANCE
Mayor Williamson led the Pledge.

CONTINUED PUBLIC COMMENTS (MATTERS NOT ON AGENDA)
Public comment on non-agendized matters was received from: Dan Presser, Char Carter, Lorna Moffatt, Luis Osorio, an unidentified person, and Brian Rosen.

Adjourn to Joint Special Meeting and Establish Quorum of the Planning Commission The Council was joined by the Planning Commission and adjourned to the Joint Special Meeting at 7:19 p.m.

Recording Secretary Cleary called the roll of the City Council and the Planning Commission, with the following members present: Councilmember Barber, Councilmember Garcia, Councilmember Haffa, Councilmember Smith, Mayor Williamson, Chair Fletcher, Vice Chair Bluth, Commissioner Brassfield, Commissioner Dawson, Commissioner Latasa, Commissioner Silva, Commissioner Freeman, thus establishing that a quorum was in attendance for both the City Council and the Planning Commission.

JOINT SPECIAL MEETING: CITY COUNCIL AND PLANNING COMMISSION

11. Receive Report on the Community Survey Report Results, Preliminary Housing Opportunity Sites, and Strategies to Facilitate Production of the City’s Regional Share of Housing for the Draft Monterey 2031 General Plan Update (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Received report
City Manager Uslar introduced item 11 and briefly described the progress made concerning the matter. Associate Planner Sabdo introduced Consultant Andrew Hill, who gave the staff presentation and answered Councilmember and Commissioner questions, including questions Council Regular Meeting, 7/18/2023, Item No. 2., Item Page 5, Packet Page 14 City Council Minutes June 20, 2023
6 regarding deadlines and regulations, location feasibility, proposed versus existing conditions, the scoring and assessment process, and potentially changing the buffer.

Public comment was received from: Kevin Dayton, who listed potential solutions to increase the number of housing units within the City; Luis Osorio, who urged the Council to take action as the issue spans nationwide; P.K. Diffenbaugh, who said School District staff and students struggle with housing and suggested ways to increase employee and middle-income housing; Nelson Vega, who expressed frustrations with constraints from existing City processes; an unidentified person, who advocated for a stronger Police presence and asked if the Regional Housing Needs Allocation (RHNA) requirements had been challenged; Tom Rowley, who spoke of lost opportunities and the unaddressed job-housing balance; Lorna Moffat, who advised suing the Governor, placing a moratorium on all future building, and utilizing vacant hotel rooms and buildings for housing; Tom Reeves, who commented on traffic gridlock and suggested opportunity sites to consider; Esther Malkin, who suggested some of the provided information may be incomprehensible to some members of the general public; Richard Ruccello, who described challenges faced in developing and funding housing or increasing residential density in high-traffic areas; Robert Yoha, who brought up issues presented by the low water availability and potential for losing local services such as grocery stores; Diane Coward, who echoed previous comments regarding the need for housing and obstacles hindering the ability to provide more; and Tammy Jennings, who agreed with the suggestion to challenge the Governor on this requirement.

The City Council and Planning Commission discussed the matter. Mr. Hill answered questions while describing further details regarding the project's considerations, analyses, goals, procedures, strategies, and challenges. Suggestions and cautions were voiced to help improve feasibility and affordability in attempt to increase housing development opportunities within the City. Main points of interest included Accessory Dwelling Units (ADUs), Junior Accessory Dwelling Units (JADUs), promotion of incentives, proposed and potential development sites, support for locals and the existing workforce, transportation and parking issues, potentials for rezoning, quality of life, streamlining processes, Area Median Income (AMI), funding and subsidizing costs, environmental constraints such as extreme lack of water and eminent sea level rise, the needs to partner with private sector developers and increase the buffer, streamlining permit approvals, and increasing density.

Adjourn to City Council Meeting
At 10:34 p.m., the Joint Special Meeting adjourned and the Council adjourned back to the City Council Regular meeting.

The Council then recessed at 10:34 p.m. and reconvened at 10:42 p.m. with the full Council present.

PUBLIC APPEARANCE (EVE)

12. Select Preliminary Housing Opportunity Sites and Strategies to Facilitate Production of the City’s Regional Share of Housing for the Draft Monterey 2031 General Plan Update (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Approved opportunity sites as follows:
 81/85 Via Robles, 1300 Munras Avenue, and 1262 Munras Avenue (4-0-1, Councilmember Smith recused);
 150 Mar Vista Drive (4-0-1, Councilmember Haffa recused);  Del Monte Shopping Center (4-0-1, Councilmember Smith recused); Council Regular Meeting, 7/18/2023, Item No. 2., Item Page 6, Packet Page 15 City Council Minutes June 20, 2023
7  Maps 1-2 and Maps 5-9 excepting the items that Councilmembers Smith and Haffa had recused from (5-0);
 Map 3 with increased density in the 50-acre site at the bottom right corner of the map (5-0);
 Map 4 excluding the Andronico's site (4-1, Councilmember Smith voting no) City Manager Uslar stated that the item could be continued to a date certain of June 28, 2023 if the Council preferred, then discussed logistics of continuing the hearing.

On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, which was conducted by voice, the City Council extended the meeting to 11:30 p.m., and determined it would discuss the continued item 10, then the matter of Item 12:

AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Item 10 was then briefly taken up at 10:46 p.m., after which the Council took up the matter of Item 12 at 10:49 p.m.

With the Planning Commission no longer present, the City Council deliberated and discussed each of the Opportunity Site Maps included in Attachment 2 of Item 11 in the published Agenda Packet.

Mayor Williamson and Assistant City Attorney Salameh identified that Councilmember Smith would recuse from the following sites, listed in Map 5: 81/85 Via Robles, 1300 Munras Avenue, and 1262 Munras Avenue.

Councilmember Smith left the Chamber at 10:51 p.m.

The Council discussed the matters on which Councilmember Smith had recused.

There were no public comments provided regarding the matters from which Councilmember Smith had recused.

On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by voice, the City Council approved Councilmember Smith's abstention sites, 81/85 Via Robles, 1300 Munras Avenue, and 1262 Munras Avenue:

AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 1 COUNCILMEMBERS: Smith
Assistant City Attorney Salameh announced that Councilmember Haffa would recuse from voting on the matter of 150 Mar Vista Drive.

Councilmember Haffa left the Chamber at 10:54 p.m., and Councilmember Smith returned at the same time.

Council Regular Meeting, 7/18/2023, Item No. 2., Item Page 7, Packet Page 16 City Council Minutes June 20, 2023
8 The Council then discussed the matter in which Councilmember Haffa had recused.

There were no public comments provided regarding the matters from which Councilmember Haffa recused.

On a motion by Councilmember Barber, seconded by Councilmember Smith, and carried by the following vote, which was conducted by voice, the City Council approved Councilmember Haffa's abstention site, 150 Mar Vista Drive:

AYES: 4 COUNCILMEMBERS: Barber, Garcia, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 1 COUNCILMEMBERS: Haffa
Councilmember Haffa returned to the Council Chamber at 10:57 p.m.

The Council discussed each site that no Councilmembers had recused from, asking clarifying questions about specific locations and making relevant suggestions for consideration and deliberation. Community Development Director Cole and Consultant Andrew Hill provided answers and insight. The Council spoke in support of development on School District sites to provide housing for District employees, expressed differing concerns regarding the area at Garden Road and Highway 68, and spoke against utilizing the Andronico's site.

On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by voice, the City Council extended the meeting to 11:45 p.m.:

AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 1 COUNCILMEMBERS: Smith
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Assistant City Attorney Salameh announced that the sites Councilmember Smith had previously recused from had been removed from the slides and were not being discussed at the time.

Councilmember Smith recused from discussing the Del Monte Shopping Center site and left the Council Chamber at 11:34 p.m.

There were no public comments presented on the matter.

On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, which was conducted by voice, the City Council approved Councilmember Smith's abstention site, the Del Monte Shopping Center:

AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 1 COUNCILMEMBERS: Smith
Councilmember Smith returned to the Chamber at 11:36 p.m., and the Council continued reviewing the proposed sites.

Council Regular Meeting, 7/18/2023, Item No. 2., Item Page 8, Packet Page 17 City Council Minutes June 20, 2023
9 Public comment was received from: Tammy Jennings, who advocated for leaving the Safeway site as-is; Diane Coward who spoke in favor of utilizing school sites for employee housing, upzoning the Cass Street area, and utilizating the Del Monte Shopping Center site.

On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by voice, the City Council approved Maps 1-2 and Maps 5- 9, excepting the items that Councilmembers Smith and Haffa had recused from:

AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
The Council asked clarifying questions regarding the sites in Map 3. Community Development Director Cole and Mr. Hill provided information. Concerns were shared regarding increased density along the highway.

On a motion by Councilmember Haffa, seconded by Councilmember Garcia, and carried by the following vote, which was conducted by voice, the City Council approved Map 3 with increased density in the 50-acre site at the bottom right corner of the map:

AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by voice, the City Council extended the meeting until midnight:

Councilmember Barber disagreed because the map included the Andronico's grocery store.

The motion failed for lack of a seconder.

Councilmember Haffa introduced a substitute motion to approve Map 4 excluding the Andronico's site. Mayor Williamson seconded the substitute motion.

City Manager Uslar explained that Andronico's lies in both Monterey and Pacific Grove.

Councilmember Haffa amended the substitute motion to also exempt the Carl's Jr. portion of the site. The motion's seconder did not agree with the amendment and withdrew his second. The amended substitute motion failed for lack of a seconder.

Council Regular Meeting, 7/18/2023, Item No. 2., Item Page 9, Packet Page 18 City Council Minutes June 20, 2023
10 On a new motion by Mayor Williamson, seconded by Councilmember Garcia, and carried by the following vote, which was conducted by voice, the City Council approved Map 4, excluding the Andronico's site:

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

COUNCIL COMMENTS
The City Council had no further comments.

CITY MANAGER REPORTS
City Manager Uslar provided no further comments.

ADJOURNMENT
The Council adjourned at 11:52 p.m.

Respectfully Submitted, Approved,
Jennifer Cleary Tyller Williamson
Recording Secretary Mayor
Council Regular Meeting, 7/18/2023, Item No. 2., Item Page 10, Packet Page 19 Council
Agenda Report
№08/22
FROM: Andrea Renny, PE, PTOE, Public Works Director
Prepared By: Richard Llantero, PE, Associate Civil Engineer SUBJECT: Award a Sole Source Contract to Refrigeration Supplies Distributor in the Amount of $384,970.00 for the Replace NAE NCE Controllers Project (POM 22031) (NEPA Categorical Exclusion (32 CFR Part 651), CEQA Not a Project) RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Awarding a Sole Source Contract to Refrigeration Supplies Distributor (RSD) in the amount of $384,970.00 for the Replace NAE NCE Controllers Project (POM 22031) (“Project”)

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

3. Authorizing staff to expend up to an additional 10% for unforeseen construction contingencies for timely completion of the Project.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

This action is consistent with Council policy to approve Public Works Contracts exceeding $150,000. This action is also consistent with the City’s policy to provide services to the U.S.

Department of the Army through the Presidio Municipal Services Agency (PMSA) per the Intergovernmental Support Agreement (IGSA) between the City of Monterey and the Federal Government.

FISCAL IMPLICATIONS:

Funds are available for this project in the Replace NAE NCE Controllers Project (POM 22031).

The current available project balance is $425,033.01. The Finance Department approved the sole source purchasing under City Code section 28-15(c) on May 12, 2023.

Date: 7/18/2023
Item No.: 3.

Council Regular Meeting, 7/18/2023, Item No. 3., Item Page 1, Packet Page 20 ENVIRONMENTAL DETERMINATION:

The proposed action has been reviewed in accordance with the National Environmental Policy Act (NEPA) and determined to qualify for a Categorical Exclusion (CX). The proposed action is categorically excluded under NEPA Record of Environmental Consideration 21061 and the provisions set forth in “Part II Department of Defense, Department of the Army, 32 CFR Part 651 Environmental Analysis of Army Actions; (29 March 2002 Edition) Appendix B to Part 651- Categorical Exclusions” as follows:

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

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

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

ALTERNATIVES CONSIDERED:

Council could choose to not award the sole source contract; however, that is not recommended because the City has a contractual agreement to provide project services to the Army at the Presidio of Monterey under the 2023 Intergovernmental Support Agreement. By approving performance of these project services, the success of the City’s partnership with the Army is strengthened.

DISCUSSION:

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

Council Regular Meeting, 7/18/2023, Item No. 3., Item Page 2, Packet Page 21 Project
The primary objective of this Project is to provide investigation, assessment, and necessary upgrades to the Building Automations Systems (BAS) in various buildings at the POM and OMC including:

M4-SNC with BACnet: POM B277, B617, B618, B627, OMC B4283; M4-NAE with BACnet: POM B422, B423, B450, B451, B611, B630, B647, B650, B651, B660;
M4-SNE with LON: POM B610, B626, B628, B842, and B848.

The existing HVAC system controllers are no longer supported for software updates. Without updates, the risk of unit failure increases dramatically. Failure of the system controller would cause the HVAC system not to function, greatly impacting Garrison mission in numerous buildings.

This project will replace the NAE (Network Automation Engines) and NCE (Network Control Engines) controllers with up-to-date models with the latest software patches and upgrades. A comprehensive system testing will be conducted prior to the new system(s) being activated.

Refrigeration Supplies Distributor (RSD) has installed, supported, and currently maintains most of the automation systems on the Presidio of Monterey. The Department of the Army would like to standardize the rest of the systems to be compatible with the RSD systems. Because the engines that run the existing controls are proprietary to RSD, Staff utilized the sole source purchasing method for this contract. The Finance Department approved the sole source purchasing under City Code section 28-15(c) on May 12, 2023.

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

1. Awarding a Sole Source Contract to Refrigeration Supplies Distributor in the amount of $384,970.00 for the Replace NAE NCE Controllers Project (POM 22031) (“Project”)

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

3. Authorizing staff to expend up to an additional 10% for unforeseen construction contingencies for timely completion of the Project.

AR/rl/mb
Attachments: 1. Resolution
e: Christopher Dwight, General Services Superintendent
Alexandria Girometti, Accounting Assistant
Billy Garcia, IGSA Manager
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 7/18/2023, Item No. 3., Item Page 3, Packet Page 22 RESOLUTION NO. __- ___ C.S.

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

AWARDING A SOLE SOURCE CONTRACT TO REFRIGERATION SUPPLIES DISTRIBUTOR IN THE AMOUNT OF $384,970.00 FOR THE REPLACE NAE NCE

CONTROLLERS PROJECT
WHEREAS, the City of Monterey provides project management and public works services to the U.S. Army on the Presidio of Monterey, Ord Military Community, and U.S. Army Signal Activity – Camp Roberts under an Intergovernmental Support Agreement (IGSA).

WHEREAS, the primary objective of the Replace NAE NCE Controllers Project (“Project”) is to provide investigation, assessment, and necessary upgrades to the Building Automations Systems (BAS) in various buildings at the POM and OMC; WHEREAS, Refrigeration Supplies Distributor (RSD) has installed, supported, and currently maintains most of the automation systems on the Presidio of Monterey and the Department of the Army would like to standardize the rest of the systems to be compatible with the RSD systems. Because the engines that run the existing controls are proprietary to RSD, Staff utilized the sole source purchasing method for this contract; WHEREAS, the Finance Department approved the sole source purchasing under City Code section 28-15(c) on May 12, 2023;
WHEREAS, sufficient funding is available to complete this project in the Replace NAE NCE Controllers Project account (POM 22031); and,
WHEREAS, the proposed action has been reviewed in accordance with the National Environmental Policy Act (NEPA) and determined to qualify for a Categorical Exclusion (CX).

The proposed action is categorically excluded under NEPA Record of Environmental Consideration 21061 and the provisions set forth in “Part II Department of Defense, Department of the Army, 32 CFR Part 651 Environmental Analysis of Army Actions; (29 March 2002 Edition) Appendix B to Part 651-Categorical Exclusions” as follows:

CEQA applies to discretionary projects. (Pub. Resources Code, § 21080, subd. (a).) CEQA does not apply to ministerial projects. (Pub. Resources Code, § 21080, subd. (b)(1).). There is a recognized policy consideration underlying the distinction between ministerial and discretionary projects. The purpose of CEQA is to minimize the adverse effects of new construction on the environment. To trigger CEQA compliance, the discretion must be of a certain kind; it must provide the agency with the ability and authority to mitigate environmental damage to some Council Regular Meeting, 7/18/2023, Item No. 3., Item Page 4, Packet Page 23 2 degree. Unless a public agency can shape the project in a way that would respond to concerns raised in an EIR, or its functional equivalent, environmental review would be a meaningless exercise.

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

1. Awards a Sole Source Contract to Refrigeration Supplies Distributor in the amount of $384,970.00 for the Replace NAE NCE Controllers Project (POM 22031) (“Project”)

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

3. Authorizes staff to expend up to an additional 10% for unforeseen construction contingencies for timely completion of the Project.

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

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 7/18/2023, Item No. 3., Item Page 5, Packet Page 24 Council
Agenda Report
№08/22
FROM: Andrea Renny, PE, PTOE, Public Works Director
Prepared By: Megan Beckman, Administrative Analyst
SUBJECT: Award a Job Order Contract to Precision Emprise, LLC dba Precision Concrete Cutting in the amount of $500,000 for On-Call Sidewalk Repair Projects (Exempt from CEQA, Article 19, Section 15301, Class 1)
RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Awarding a Job Order Contract to Precision Emprise, LLC dba Precision Concrete Cutting for On-Call Sidewalk Repair Projects (“Project”) for a term of one year with the option to renew for two additional years with an annual funding limit of $500,000; and,

2. Authorizing the City Manager, or their designee, to execute the contract upon the receipt of information required by the contract.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

This action is consistent with the City’s policy to approve Public Works contracts exceeding $150,000.

This action is also consistent with the City Council Value Driver to maintain and repair core street, roadway, and storm drain infrastructure.

FISCAL IMPLICATIONS:

Monterey City Code section 28-14(a) allows for an exemption from formal bidding requirements in cases where the contract or purchase is capable of being performed through contracts negotiated by a cooperative purchasing agency that utilized acceptable bidding procedures (“piggyback” agreements). The award of this Job Order contract utilizes an accepted “piggyback” option from the Texas Association of School Boards, Inc. (Contract #657-21) through Buy Board Purchasing Cooperative, approved by the Finance Director, or her designee, on June 20, 2023.

Fees for On-Call Sidewalk Repair services will be based on a project-by-project basis directly charged to the Measure S Sidewalk Account (35c1552). The City is under no obligation to Date: 7/18/2023
Item No.: 4.

Council Regular Meeting, 7/18/2023, Item No. 4., Item Page 1, Packet Page 25 expend any funds under this Job Order contract. Total award amount for this contract is not to exceed $500,000 annually. There is no minimum dollar value of work guaranteed under this Job Order contract, and assignment of work orders is at the sole discretion of the City.

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project would be for repairs of existing sidewalks using a saw-cutting method, which horizontally slices the trip hazard away and matches the sidewalks at the control joint or cracks. All work is within the public right-of-way and there will be no creation of new lanes. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions founds at CEQA Guidelines Section 15300.2.

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

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. There would be no cumulative impact because the project does not involve the creation of additional automobile lanes.

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

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

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

Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The project is located in the area of high archeological sensitivity as shown in the General Plan (Figure 8).

Project improvements would be located within the public right-of-way and would not include digging into native soil. Therefore, the project would not have an impact on historic or archeological resources.

Council Regular Meeting, 7/18/2023, Item No. 4., Item Page 2, Packet Page 26 ALTERNATIVES CONSIDERED:

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

DISCUSSION:

Safe, pedestrian-friendly sidewalks contribute to the walk-ability and aesthetic image of the City of Monterey. It is in the best interest of all residents that sidewalks are properly maintained and repairs made when necessary. City of Monterey property owners are responsible for the maintenance and repair of the sidewalk, except for defects in sidewalks caused by street trees, adjacent to their homes or businesses. (See, California Streets and Highways Code section 5610 et seq.; City Code section 32-24.) Property owners are also liable for any damage or injury resulting from the condition of the sidewalk. (City Code section 32-31.1.) When the City becomes aware of a sidewalk deficiency, Staff inspects the portion of sidewalk to determine what repairs are necessary. Engineers and/or inspectors look for cracked, uneven surfaces, excessive deterioration, excessive slopes, and horizontal or vertical offsets that can cause tripping hazards. Once inspections have been completed, property owners (residents, businesses, and/or utility companies) are notified of any sidewalk in need of repair. If the sidewalk deficiency is adjacent to property owned by the City of Monterey or caused by a tree in the public right of way, the City is responsible to repair the damaged portion of the sidewalk.

The City has a robust sidewalk repair program funded by Measure S, with the seventh phase of sidewalk repairs currently under construction in the Downtown. These large sidewalk repair projects aim to correct the most severe deficiencies, bundled with ADA and other minor repairs, within one area of the City at a time. This approach is effective, but also uses considerable City Staff time in inspecting the 107 miles of sidewalks throughout the City for deficiencies, plus time spent designing and managing construction of the Sidewalk Repair Projects. As such, the Public Works Department continues to explore innovative methods to address minor repairs throughout the City in a timely manner.

Neighboring cities, including Marina, Seaside, and Sand City, have successfully contracted with Precision Concrete Cutting to address minor sidewalk deficiencies and the City of Monterey previously contracted with Precision Concrete Cutting in 2012 to perform similar services. The company pioneered and patented a new technique for repair of uneven sidewalks, or “uplifts.” Precision Concrete Cutting uses a saw-cutting method, which horizontally slices the trip hazard away, and matches the sidewalks at the control joint. This method preserves the existing infrastructure and saves time and money by eliminating the need for removal/replacement of sidewalk panels. In addition to repairs, Precision Concrete Cutting provides sidewalk asset management surveying services to identify and record pedestrian infrastructure issues.

Monterey City Code section 28-14(a) allows for an exemption from formal bidding requirements in cases where the contract or purchase is capable of being performed through contracts negotiated by a cooperative purchasing agency that utilized acceptable bidding procedures (“piggyback” agreements). The award of this Job Order contract utilizes an accepted “piggyback” option from the Texas Association of School Boards, Inc. (Contract #657-21) Council Regular Meeting, 7/18/2023, Item No. 4., Item Page 3, Packet Page 27 through Buy Board Purchasing Cooperative, approved by the Finance Director, or her designee, on June 20, 2023.

The proposed Job Order Contract will allow City Staff to utilize Precision Concrete Cutting to regularly survey City sidewalks and address sidewalk repairs as they arise. Task orders will be charged to the Measure S Sidewalk account (35c1552).

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

2. Authorizing the City Manager, or their designee, to execute the contract upon the receipt of information required by the contract.

AR/mb
Attachments: 1. Resolution
e: Precision Concrete Cutting
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, 7/18/2023, Item No. 4., Item Page 4, Packet Page 28 RESOLUTION NO. __- ___ C.S.

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

AWARDING A JOB ORDER CONTRACT TO PRECISION CONCRETE CUTTING IN THE AMOUNT OF $500,000 FOR ON-CALL SIDEWALK REPAIR PROJECTS WHEREAS, safe, pedestrian-friendly sidewalks contribute to the walk-ability and aesthetic image of the City of Monterey and it is in the best interest of all residents that sidewalks are properly maintained and repairs made when necessary; WHEREAS, City of Monterey property owners are responsible for the maintenance and repair of the sidewalk adjacent to their homes or businesses, as noted in California Streets and Highways Code (Sections 5610-5618) and the Monterey City Code (MCC Sec 32-24).

WHEREAS, the City has a robust sidewalk repair program funded by Measure S. These large sidewalk repair projects aim to correct the most severe deficiencies, bundled with ADA and other minor repairs, within one area of the City at a time; WHEREAS, the Public Works Department continues to explore innovative methods to address minor repairs throughout the City in a timely manner; WHEREAS, neighboring cities, including Marina, Seaside, and Sand City, have successfully contracted with Precision Concrete Cutting to address minor sidewalk deficiencies and the City of Monterey has previously contracted with the company in 2012 for similar services;
WHEREAS, Monterey City Code section 28-14(a) allows for an exemption from formal bidding requirements in cases where the contract or purchase is capable of being performed through contracts negotiated by a cooperative purchasing agency that utilized acceptable bidding procedures (“piggyback” agreements). The award of this Job Order contract utilizes an accepted “piggyback” option from the Texas Association of School Boards, Inc. (Contract #657- 21) through Buy Board Purchasing Cooperative, approved by the Finance Director, or her designee, on June 20, 2023;
WHEREAS, fees for On-Call Sidewalk Repair services will be based on a project-byproject basis directly charged to the Measure S Sidewalk Account (35c1552). The City is under no obligation to expend any funds, and there is no minimum dollar value of work guaranteed under this Job Order contract; and,
WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project would be for repairs of existing sidewalks using a saw-cutting method, which horizontally slices the trip hazard away and matches the sidewalks at the control joint or cracks. All work is within the public right-of-way and there will be no creation of new lanes.

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

Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the Council Regular Meeting, 7/18/2023, Item No. 4., Item Page 5, Packet Page 29 2 project is to be located -a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Exception a – Location – does not apply to projects which are exempt under Class 1.

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

1. Awards a Job Order Contract to Precision Emprise, LLC dba Precision Concrete Cutting for On-Call Sidewalk Repair Projects (“Project”) for a term of one year with the option to renew for two additional years with an annual funding limit of $500,000; and,

2. Authorizes the City Manager, or their designee, to execute the contract upon the receipt of information required by the contract.

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

Council Regular Meeting, 7/18/2023, Item No. 4., Item Page 6, Packet Page 30 3 AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 7/18/2023, Item No. 4., Item Page 7, Packet Page 31 ORDINANCE NO. ____ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22
AMENDING CHAPTER 25, SECTION 12.04(B) OF MONTEREY CITY CODE, "HOLIDAYS OBSERVED," TO ADD THE JUNETEENTH HOLIDAY
THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:

SECTION 1:

WHEREAS, on June 19, 1865, Union troops freed enslaved African Americans in Texas over two years after President Abraham Lincoln signed the Emancipation Proclamation; WHEREAS, June 19th has since been celebrated as “Juneteenth,” “Juneteenth Independence Day,” “Freedom Day, and “Emancipation Day”; WHEREAS, Juneteenth was established as a legal public holiday by the U.S. Congress’ passage of the Juneteenth National Independence Day Act, on June 16, 2021; WHEREAS, during recent labor negotiations with employee bargaining groups, the City Council agreed to add the Juneteenth holiday to the list of holidays observed, because the City recognizes the deep and disturbing history of racial injustice in our country; commemorates the liberation of formerly enslaved African Americans; celebrates the richness of Black culture; emphasizes the importance of providing a welcoming, respectful community; and celebrates and values human rights, respect, inclusivity, diversity, and equity; and WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (Article 20, Section 15378). In addition, CEQA Article 5, Section 15061 includes the general rule that CEQA applies only to projects 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, this matter is not a project. Because this matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project; NOW, THEREFORE, the Monterey City Council declares as follows:

SECTION 2: The above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

SECTION 3: Monterey City Code, Chapter 25, Section 12.04(b)(1) is hereby amended to add the following as a new observed holiday, listed as a lettered item between Memorial Day and Independence Day:
“Nineteenth day of June (Juneteenth)”
Date: 7/18/2023
Item No.: 5.

Council Regular Meeting, 7/18/2023, Item No. 5., Item Page 1, Packet Page 32 2 SECTION 4: All ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 5: This ordinance shall be in full force and effect thirty (30) days from and after its final passage and adoption.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ 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, 7/18/2023, Item No. 5., Item Page 2, Packet Page 33 Council
Agenda Report
№08/22
FROM: Christine Davi, City Attorney
By: Christian Wellisch, Deputy City Attorney
SUBJECT: 1st Reading by Title Only of an Ordinance to Implement a Clerical/Technical Update to Chapter 14, Garbage and Refuse, Article 1, Section 14-8(5) “Penalty Amounts for Types of Violations” (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt an Ordinance amending Section 14-8 of the Monterey City Code to replace the administrative citation fine amounts stated therein with language allowing the amounts to be set by resolution. This action makes no substantive changes and is consistent with the City’s Administrative Remedies Ordinance.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

The amendment supports the City’s commitment to transparency. The proposed amendment will eliminate any confusion and inconsistency between the fine amounts stated in the City Code and the fine amounts stated in the Administrative Citation and Parking Violation Fine schedule, consistent with the Council adopted Value Driver.

FISCAL IMPLICATIONS:

There is no fiscal impact associated with the amendment. The proposed amendment will allow the fine amounts to be set by resolution, thereby providing more flexibility and concurrently eliminating any inconsistency between the amounts stated in the ordinance and the Administrative Citation and Parking Violation Fine schedule.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 7/18/2023, Item No. 6., Item Page 1, Packet Page 34 activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

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

ALTERNATIVES CONSIDERED:

The City could leave the Code unamended, requiring fine amounts to be updated by ordinance.

DISCUSSION:

The Administrative Remedies Ordinance, set forth in Monterey City Code section 1-9 et seq., provides that the fines imposed for administrative citations for code violations be set by City Council resolution. (City Code section 1-9.3.)
City Code section 14-8(5)(a) – (c) currently specifies a $100 penalty for a first-time violation, a $200 penalty for a second violation, and $400 for a third or subsequent violation of the Garbage and Refuse ordinance. In contrast, the Administrative Citation and Parking Violation Fine schedule, adopted by resolution, states in relevant parts that “[f]or administrative citation violations of any City Code section not specifically listed in the above schedule, the administrative citation fine for first-time violations shall be One Hundred Dollars ($100.00)… for a second violation of the same Monterey City Code section by the same person within a thirtysix (36) month period shall be equal to one hundred fifty percent (150%) of the fine amount… [and] for a third and any subsequent violations… shall be equal to two hundred percent (200%) of the fine amount…” Because the fine amounts for violations of Chapter 14 are not listed in the Administrative Citation and Parking Violation Fine schedule, this arguably creates a conflict with the fines stated in Section 14-8.

The proposed amendment eliminates any inconsistency between the City Code and the Administrative Citation and Parking Violation Fine schedule, while also providing a more flexible alternative for updating the amounts of any fines assessed for initial or subsequent violations of the City’s Waste Disposal Ordinance (Monterey City Code, Chapter 14).

Attachments: 1. Draft 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, 7/18/2023, Item No. 6., Item Page 2, Packet Page 35 ORDINANCE NO. ____ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19
IMPLEMENTING A CLERICAL/TECHNICAL UPDATE TO CHAPTER 14, GARBAGE AND REFUSE, ARTICLE 1, SECTION 14-8(5) “PENALTY AMOUNTS FOR TYPES OF VIOLATIONS”
THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:

SECTION 1:

WHEREAS, the City of Monterey wishes to clarify any inconsistency between Section 14-8 of the Monterey City Code, which specifies fine amounts by ordinance, and the City’s Administrative Citation and Parking Violation Fine schedule, which was adopted by resolution; WHEREAS, Monterey City Code section 1-9 et seq., provides that the amount of fines for code violations imposed for administrative citations be set by resolution; WHEREAS, it is the intent that this amendment will set fines for violating Chapter 14 of the Monterey City Code by resolution and not by ordinance to be consistent with City Code section 1-9 et seq.; 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 has no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW THEREFORE, the Monterey City Council declares as follows:

SECTION 2: Monterey City Code, Chapter 14, Section 14-8(5) is hereby amended to read as follows:
“Penalty Amounts for Types of Violations. The amount of penalty for initial or any subsequent violations shall be set by resolution pursuant to Section 1-9.3 of the Monterey City Code.”
SECTION 3: All ordinances and parts of ordinances in conflict herewith are hereby repealed.

Council Regular Meeting, 7/18/2023, Item No. 6., Item Page 3, Packet Page 36 2 SECTION 4: 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 _______, 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, 7/18/2023, Item No. 6., Item Page 4, Packet Page 37 Council
Agenda Report
№08/22
FROM: Andrea Renny, Public Works Director
Rex Van Slyke, Fleet Services Manager
Megan Beckman, Administrative Analyst
SUBJECT: 1st Reading by Title Only of an Ordinance to Amend Monterey City Code Section 28-4 to Add an Exception to Purchasing Requirements for New and Replacement Vehicles (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council introduce by title only, waive full reading, and pass a first reading of an ordinance to amend Monterey City Code section 28-14 to add an exception to purchasing requirements for new and replacement vehicles when the City Council adopts, by resolution, a not to exceed amount for the vehicles.

VALUE DRIVERS:

POLICY IMPLICATIONS:

Adoption of the proposed amendment has the potential to improve the efficiency of the City’s purchasing process for vehicles to ensure a safe and operable fleet. The City’s purchasing policy is set forth in Section 28-1 and it provides:

In order to establish efficient procedures for the purchase of equipment, supplies, materials, and services for the City at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function and to assure the quality of purchases, a purchasing system is hereby adopted. The purchase of equipment, supplies, materials, general services and professional services shall be by bid or request for proposal, or by the alternate procurement methods set forth in this chapter. In accordance with Section

4.8 of the Charter, the provisions of the Public Contract Code shall not apply unless otherwise adopted by the City Council.

FISCAL IMPLICATIONS:

There is no fiscal impact to the City beyond the codification costs for this ordinance and an additional exception may increase contracting efficiencies.

Date: 7/18/2023
Item No.: 7.

Council Regular Meeting, 7/18/2023, Item No. 7., Item Page 1, Packet Page 38 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 has no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The City Council could choose not to add an exception to competitive procurement requirements for vehicle purchases.

DISCUSSION:

The City’s purchasing rules are set forth in Chapter 28 of the City Code, with the goal of establishing efficient procedures for the purchase of equipment, supplies, materials, and services for the City at the lowest possible cost commensurate with the quality needed, exercising positive financial control over purchases, and clearly defining authority for the purchasing function.

Supply chain disruptions in the automotive industry have continued to outlast the pandemic, and opportunities to replace vehicles are on a “first-come, first-served” basis. Supply shortages, labor shortages, and increased demand have made procuring new vehicles a longer and more challenging process. Under current conditions, the City plans for specific purchases in the budget and receives quotes and City Council authorization for a specific price. However, many purchase orders are delayed by 120 to 365 days resulting in increased prices. The delay and increase in price require the City to go through the approval process again. By the time staff can go through the City Council approval process, the vehicles are no longer available. Therefore, staff is recommending that the purchasing process for vehicles be modified.

City Code section 28-14 sets forth the categories of purchases that are exempt from competitive procurement requirements. These include purchases through cooperative procurement contracts previously negotiated by another governmental agency or cooperative purchasing agency, emergency procurements, and sole source procurements. The proposed amendment will continue to require staff to obtain bids and estimate the cost for the purchase. The City Council will then adopt a resolution authorizing the purchase, with a not to exceed amount. If the vehicles are no longer available for purchase at the quoted price by the time the vehicles are in stock, the purchase will turn into a sole source procurement, and the Purchasing Agent may purchase from any vendor that has the vehicle in stock at a price not to exceed the amount preauthorized by City Council resolution. This will ensure that the City is able to purchase the vehicles as soon as they become available. Financial controls will continue to be achieved with caps on the amount that may be spent for a purchase.

Council Regular Meeting, 7/18/2023, Item No. 7., Item Page 2, Packet Page 39 As drafted, this exception will sunset in five years with the expectation that the supply chain problems will be resolved by that time.

Attachments: 1. 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, 7/18/2023, Item No. 7., Item Page 3, Packet Page 40 ORDINANCE NO. ____ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19
AMENDING MONTEREY CITY CODE SECTION 28-14(d) TO ADD FLEET AND RELATED

EQUIPMENT PURCHASES AS A SOLE SOURCE EXCEPTION TO COMPETITIVE

PROCUREMENT REQUIREMENTS
THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:

SECTION 1:

WHEREAS, City purchasing rules are set forth in Chapter 28 of the City Code, with the goal of establishing efficient procedures for the purchase of equipment, supplies, materials, and services for the City at the lowest possible cost commensurate with quality needed, exercising positive financial control over purchases, and clearly defining authority for the purchasing function;
WHEREAS, Monterey City Code (MCC) section 28-14 sets forth the categories of purchases that are exempt from competitive procurement requirements. These include purchases through cooperative procurement contracts previously negotiated by another governmental agency or cooperative purchasing agency, emergency procurements, and sole source procurements;
WHEREAS, supply chain disruptions in the automotive industry have continued to outlast the pandemic, and opportunities to replace vehicles are on a “first-come, first-served” basis. Supply shortages, labor shortages, and increased demand have made procuring new vehicles a longer and more challenging process;
WHEREAS, vehicle costs are rising, and there is low, or at times no, inventory.

Obtaining prior authorization for vehicle purchases will ensure that the City is able to purchase the vehicles as soon as they become available. Financial controls will continue to be achieved with limits on the amount that may be spent for a purchase; 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 has no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, the Monterey City Council declares as follows:

Council Regular Meeting, 7/18/2023, Item No. 7., Item Page 4, Packet Page 41 2 SECTION 2: Monterey City Code, Chapter 28, Section 14(d)(8) is hereby added to read as follows:
“8. When a vehicle for which quotes have been obtained pursuant to Section 28-4, is no longer available at the quoted price when the vehicle is in stock, the Purchasing Agent may purchase from any vendor that has the vehicle in stock at a price not to exceed the amount pre-authorized by City Council resolution. This subsection will sunset on June 30, 2028.”
SECTION 3: All ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 4: 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, 7/18/2023, Item No. 7., Item Page 5, Packet Page 42 Council
Agenda Report
№08/22
FROM: Andrea Renny, PE, PTOE, Public Works Director
Prepared By: Marissa Garcia, Engineering Assistant
SUBJECT: Authorize the City Manager to Enter into an Agreement with the Federal Highway Administration (FHWA) to accept Safe Streets and Roads for All Action Planning Grant Funds, Amend Resolution 23-069 to Include the City of Monterey Local Road Safety Plan Project in the Capital Improvement Program and Authorize an Increase of FY24 Revenue and Appropriation of $200,000 in Grant Reimbursement Funds to the Project ***CIP*** (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Authorizing the City Manager to enter into an agreement with the Federal Highway Administration (FHWA) to receive allocations from the Safe Streets and Roads for All (SS4A) grant program for the purpose of developing the City of Monterey Local Road Safety Plan;

2. Amending Resolution 23-069 to include the City of Monterey Local Road Safety Plan Project in the Capital Improvement Program; and,

3. Authorizing the Finance Director, or their designee, to increase FY24 revenue and appropriate $200,000 from grant reimbursement funds to the Capital Projects Fund, Local Road Safety Plan Project (“Project”).

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

This action is consistent with City Council policies to approve agreements with outside agencies and to accept funding for transportation projects, which support City Council’s Value Drivers and strategic priorities of fiscal stewardship and active mobility. Also, budget appropriation adjustments are to be approved by the City Council.

FISCAL IMPLICATIONS:

The City was awarded $200,000 of competitive Action Planning Grant Funds from the Safe Streets and Roads for All (SS4A) Grant Program to prepare a Local Road Safety Plan. A local match of 20% is required for the SS4A grant program, which will be funded by Measure X from Date: 7/18/2023
Item No.: 8.

Council Regular Meeting, 7/18/2023, Item No. 8., Item Page 1, Packet Page 43 the Grant Preliminary Engineering & Match Funds Project (35C1851). This appropriation is fully funded by grant reimbursements.

Safe Streets and Roads for All (SS4A) Grant Program $200,000 Measure X Grant Preliminary Engineering & Match Funds Project (35C1851) $50,000 $250,000
ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action requesting authorization of agreements and funding 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.

Further CEQA review is required for the development of the Local Road Safety Plan, an amended Capital Improvement program project. An Initial Study will be required for this proposed project.

ALTERNATIVES CONSIDERED:

There are no alternatives recommended as entering into this agreement is required to receive the allocations from the Safe Streets and Roads for All (SS4A) Grant Program. If the City does not enter the agreement, it will forfeit the $200,000 in grant funds.

DISCUSSION:

When Congress adopted HR 3684, the Infrastructure Investment and Jobs Act of 2021 (IIJA), also known as the Bipartisan Infrastructure Law (BIL), it established the new Safe Streets and Roads for All (SS4A), a discretionary program with $5 billion in appropriated funds over five (5) years. The SS4A program funds local initiatives through grants to prevent roadway deaths and serious injuries. The Federal Highway Administration awarded the City of Monterey $200,000 in the first SS4A funding cycle for an Action Planning Grant through a competitive application process.

The SS4A Action Planning Grant will support the City’s development of a Local Road Safety Plan (LRSP). A Local Road Safety Plan is a plan which provides the framework for identifying, analyzing, and prioritizing roadway safety improvements on local roads.

The purpose of the Local Road Safety Plan is to provide a comprehensive understanding of Citywide collision patterns with considerations for bicyclists, pedestrians, and motorcyclists; identify data-driven countermeasures that are short, medium, and long-term, in addition to low cost, systemic countermeasures; and use data-driven engagement with the public and stakeholders on the state of transportation safety.

Council Regular Meeting, 7/18/2023, Item No. 8., Item Page 2, Packet Page 44 Vision Zero Monterey
The City of Monterey established itself in 2017 as a Vision Zero city and adopted its first Vision Zero Plan in 2017. In 2021, the City integrated the Vision Zero Plan into Chapter 8 of the Multimodal Plan. This was done to make Move Monterey, the City’s Multimodal Plan, a single comprehensive plan which has the City’s established guidance on project and infrastructure design elements for the public, City Staff, and developers when making improvements in the City Right-of-Way. The Multimodal Plan did not include a detailed analysis of collision trends or identify appropriate countermeasures based on an analysis of collision trends.

The projects that will be identified in the Local Road Safety Plan will support the City’s Vision Zero goal to reduce serious and fatal injuries to zero.

Future Funding Opportunities
The creation and adoption of a Local Road Safety Plan, through the SS4A action planning grant process, will provide future grant funding opportunities from the SS4A Implementation Planning Grant Program and future cycles of the Highway Safety Improvement Program (HSIP). The HSIP program is a core federal-aid program for the purpose of achieving a significant reduction in fatalities and serious injuries on all public roads. Future Cycles of HSIP funding requires that any project proposed be included in a Local Road Safety Plan or equivalent Plan.

Upon execution of the Grant Agreement with FHWA, the City will advertise a Request for Proposal for consultant services to support the development of the Local Road Safety Plan.

Staff will return to the City Council upon the conclusion of a successful RFP process to award a contract for consultant services in fall 2023.

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

1. Authorizing the City Manager, or their designee, to enter into an agreement with the Federal Highway Administration (FHWA) to receive allocations from Safe Streets and Roads for All (SS4A) grant program for the purpose of developing the City of Monterey Local Road Safety Plan;

2. Amending Resolution 23-069 to include the City of Monterey Local Road Safety Plan Project in the Capital Improvement Program; and,

MG/mb
Attachments: 1. Resolution
e: Steve Pyburn, Federal Highway Administration
Council Regular Meeting, 7/18/2023, Item No. 8., Item Page 3, Packet Page 45 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, 7/18/2023, Item No. 8., Item Page 4, Packet Page 46 RESOLUTION NO. __- ___ C.S.

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE

FEDERAL HIGHWAY ADMINISTRATION (FHWA) TO ACCEPT SAFE STREETS AND ROADS FOR ALL ACTION PLANNING GRANT FUNDS, AMEND RESOLUTION 23-069 TO

INCLUDE THE CITY OF MONTEREY LOCAL ROAD SAFETY PLAN PROJECT IN THE CAPITAL IMPROVEMENT PROGRAM AND AUTHORIZE AN INCREASE OF FY24 REVENUE AND APPROPRIATION OF $200,000 IN GRANT REIMBURSEMENT FUNDS TO THE PROJECT ***CIP***
WHEREAS, the Safe Streets for All Program was established by the US Legislature in the HR 3684 Infrastructure Investment and Jobs Act, also known as Bipartisan Infrastructure Law, to fund local initiatives through grants to prevent roadway deaths and serious injuries; WHEREAS, the City of Monterey was awarded an Action Planning Grant in the amount of $200,000 for the purpose of developing a Local Road Safety Plan; WHEREAS, the Capital Improvement Program (CIP) budget resolution 23-069 requires an amendment to include the City of Monterey Local Road Safety Plan Project; WHEREAS, as part of the program, the City is required to accept and execute an Agreement with the Federal Highway Administration;
WHEREAS, the budget appropriation adjustment of $200,000 is needed to account for the project costs and will be fully funded by grant reimbursements; WHEREAS, the City of Monterey determined that the proposed action requesting authorization of agreements and funding 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. Further, CEQA review for the development of the Local Road Safety Plan, an amended Capital Improvement program project. An Initial Study will be required for the proposed 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 it hereby:

Council Regular Meeting, 7/18/2023, Item No. 8., Item Page 5, Packet Page 47 2 1. Authorizes the City Manager, or their designee, to enter into an agreement with the Federal Highway Administration (FHWA) to receive allocations from Safe Streets and Roads for All (SS4A) grant program for the purpose of developing the City of Monterey Local Road Safety Plan;

2. Amends Resolution 23-069 to include the City of Monterey Local Road Safety Plan Project in the Capital Improvement Program; and,

3. Authorizes the Finance Director, or their designee, to increase FY24 revenue and appropriate $200,000 from grant reimbursement funds to the Capital Projects Fund, Local Road Safety Plan Project (“Project”).

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 7/18/2023, Item No. 8., Item Page 6, Packet Page 48 Council
Agenda Report
№08/22
FROM: Andrea Renny, Public Works Director
Karen Larson, Parks and Recreation Director
Prepared By: Thomas Harty, P.E., Acting City Engineer
Shannon Leon, Recreation Manager
SUBJECT: Authorize the Finance Director to appropriate $40,000 from the Neighborhood and Community Improvement Program (NCIP) Contingency Account to the Old Capitol Site Master Plan project and Award a Professional Services Agreement for the Preparation of the Old Capitol Site Master Plan to BFS Landscape Architects in the Amount Not-to-Exceed $115,000 ***NCIP*** (Not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378) RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Authorizing the Finance Director to appropriate $40,000 From the NCIP Contingency Account (31ncont) to the Old Capitol Site Master Plan Project (nip2322).

2. Awarding a Professional Services Agreement for Preparation of the Old Capitol Site Master Plan (“Project”) to BFS Landscape Architects in the Amount Not-to-Exceed $115,000 for a term that expires on June 30, 2024.

3. Authorizing the City Manager, or his designee, to execute the agreement with BFS Landscape Architects.

4. Allowing the term of the Agreement to be extended when no additional funding is requested.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

The determination of the projects, priorities and expenditures shall be within the sound discretion of the City Council. (City Charter section 6.6(e).) Date: 7/18/2023
Item No.: 9.

Council Regular Meeting, 7/18/2023, Item No. 9., Item Page 1, Packet Page 49 The recommended action is consistent with established policy and procedures for amending the annual NCIP project budget.

Awarding professional services agreements is consistent with past Council policy and is used for other types of professional services for projects throughout the City. This service will augment the City’s capacity for project delivery.

FISCAL IMPLICATIONS:

The City Council approved $75,000 for the Old Capitol Site Master Plan as part of the FY22/23 Neighborhood and Community Improvement Program budget. The proposed professional services contract is for a not-to-exceed amount of $115,000. This action uses an additional $40,000 in funds previously allocated to NCIP Contingency Account (31ncont). There is sufficient funding available for this action.

ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action to fund the Old Capitol Site Master Plan 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.

The Old Capitol Site Master Plan will be subject to CEQA review.

ALTERNATIVES CONSIDERED:

Council could elect not to award the agreement; however, this is not recommended. This agreement will allow the City to utilize the expertise of BFS Landscape Architects to complete the Old Capitol Site Master Plan to ensure a thoughtful and measured approach for the future use of that site.

DISCUSSION:

On March 17, 2023, the City issued a request for proposals for the preparation of a master plan for the Old Capitol Site. The Old Capitol Site Master Plan consists of a single comprehensive document that reflects the community’s requirements, legal responsibilities, and environmental changes (e.g., protected species and habitats). A clause has been added to this current Award that allows the term of the Agreement to be extended when no additional funding is requested.

Key services to be provided include: Old Capitol Site Master Plan preparation, maps, management plan evaluation, community workshops, and presentations.

The Old Capitol Site Master Plan project (nip2322) was recommended by the Neighborhood and Community Improvement Program (NCIP) and approved by City Council on September 19, 2022 under Resolution No. 22-131 C.S. Initial project funding was approved at $75,000. On Council Regular Meeting, 7/18/2023, Item No. 9., Item Page 2, Packet Page 50 June 22, 2023, NCIP voted to recommend that City Council appropriate an additional $40,000 from the NCIP Contingency Account (31ncont) to the Old Capitol Site Master Plan project (nip2322), increasing the total project funding to $115,000. The NCIP Contingency Account balance is $444,900 (as of June 16, 2023); sufficient funding is available for this allocation.

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

1. Authorizes the Finance Director to appropriate $40,000 from the NCIP Contingency Account (31ncont) to the Old Capitol Site Master Plan Project (nip2322).

2. Awards a Professional Services Agreement for Preparation of the Old Capitol Site Master Plan (“Project”) to BFS Landscape Architects in the Amount Not-to-Exceed $115,000 for a term that expires on June 30, 2024.

3. Authorizes the City Manager, or his designee, to execute the agreement with BFS Landscape Architects.

4. Allows the term of the Agreement to be extended when no additional funding is requested.

AR & KL/th & sl
Attachments: 1. Resolution
e: NCIP Committee
Parks and Recreation Commission
Michelle Parravano, BFS Landscape Architects
Larry Foster, Principal-in-Charge, BFS Landscape Architects Elizabeth Matz, Project Manager, BFS Landscape Architects 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, 7/18/2023, Item No. 9., Item Page 3, Packet Page 51 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
AUTHORIZING THE FINANCE DIRECTOR TO APPROPRIATE $40,000 FROM THE

NEIGHBORHOOD AND COMMUNITY IMPROVEMENT PROGRAM (NCIP) CONTINGENCY

ACCOUNT TO THE OLD CAPITOL SITE MASTER PLAN PROJECT AND AWARD A

PROFESSIONAL SERVICES AGREEMENT FOR THE PREPARATION OF THE OLD CAPITOL SITE MASTER PLAN TO BFS LANDSCAPE ARCHITECTS IN THE AMOUNT NOTTO-EXCEED $115,000 ***NCIP*** WHEREAS, the Old Capitol Site Master Plan project (nip2322) was approved by City Council on September 20, 2022 with an allocation of $75,000 (Resolution No. 22-131 C.S.); WHEREAS, the NCIP Committee met on June 22, 2023 and voted to recommend that City Council increase funding for the Old Capitol Site Master Plan project (nip2322) by $40,000 from the NCIP Contingency Account (31ncont);
WHEREAS, sufficient funding is available for this action in the NCIP Contingency account (31ncont), therefore additional funding is being added to the Old Capitol Site Master Plan Project (nip2322) total project amount under this agreement; WHEREAS, on March 17, 2023, the City issued a request for proposal for the Old Capitol Site Park Master Plan and three responsive bids were received; WHEREAS, on April 28, 2023, the City received three (3) proposals from firms that perform this work;
WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based upon specific criteria in the RFP; WHEREAS, following deliberations, the selection committee determined that BFS Landscape Architects was the best qualified firm;
WHEREAS, a new agreement with BFS Landscape Architects is necessary to provide an essential baseline assessment of the current state of the Old Capitol Site and make recommendations for future needs and priorities for the Old Capitol Site; and WHEREAS, the City of Monterey determined that the proposed action to fund the Old Capitol Site Master Plan 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. The Old Capitol Site Master Plan will be subject to CEQA review; Council Regular Meeting, 7/18/2023, Item No. 9., Item Page 4, Packet Page 52 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

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

1. Authorizes the Finance Director to appropriate $40,000 From the NCIP Contingency Account (31ncont) to the Old Capitol Site Master Plan Project (nip2322)

2. Awards a Professional Services Agreement for preparation of the Old Capitol Site Master Plan (“Project”) to BFS Landscape Architects in the Amount Not-to-Exceed $115,000, for a term that expires on June 30, 2024.

3. Authorizes the City Manager, or his designee, to execute the agreement with BFS Landscape Architects.

4. Allows the term of the Agreement to be extended when no additional funding is requested.

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, 7/18/2023, Item No. 9., Item Page 5, Packet Page 53 Council
Agenda Report
№08/22
FROM: Andrea Renny, PE, PTOE, Public Works Director
Prepared By: Maximilian Rieser, P.E., Associate Civil Engineer SUBJECT: Award Two Professional Services Agreements in the Amount of $500,000 Each for On-Call Professional Assessment, Engineering, Environmental, and Construction Support Services for Programmatic Repairs to Municipal Wharves in the City of Monterey to: (1) COWI North America, Inc.; and (2) Foth & Van Dyke and Associates, Inc. ***CIP/NCIP *** (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 resolutions:

1. Awarding a Professional Services Agreement for On-Call Professional Assessment, Engineering, Environmental, and Construction Support Services for Programmatic Repairs to Municipal Wharves in the City of Monterey to COWI North America Inc., for a term of one year, with the option to extend for four additional one-year terms, with an annual amount not to exceed $500,000;

2. Awarding a Professional Services Agreement for On-Call Professional Assessment, Engineering, Environmental, and Construction Support Services for Programmatic Repairs to Municipal Wharves in the City of Monterey to Foth & Van Dyke and Associates, Inc., for a term of one year, with the option to extend for four additional one-year terms, with an annual amount not to exceed $500,000; and

3. Authorizing the City Manager, or their designee, to execute the Professional Services Agreements upon receipt of information required by the Request for Proposal (RFP).

VALUE DRIVERS:

POLICY IMPLICATIONS:

This action is consistent with the City Council’s Value Drivers and Strategic Priorities of Quality of Life – “Recognize that public safety is a priority to ensure that our City is safe and welcoming to all, contributing to our economic vitality as a destination City;” Fiscal Stewardship – “Prioritize funding models and sources for facility rehabilitation, repair, and replacement;” and Historic Preservation and Diversity Priorities- “Preserve and protect Monterey’s maritime history”.

Date: 7/18/2023
Item No.: 10.

Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 1, Packet Page 54 This action is also consistent with Council policy to approve Professional Services Agreements exceeding $75,000. On-call agreements are used for other types of professional services throughout the City. These services will augment the City’s capacity for project delivery, consistent with the City Council’s vision and strategic initiative.

FISCAL IMPLICATIONS:

Fees for On-Call Professional Assessment, Engineering, Environmental, and Construction Support Services will be based on a project-by-project basis directly charged to individual project budgets. Each Capital Improvement Program (“CIP”) project is separately approved and budgeted by the Council. The City is under no obligation to expend any funds under these Professional Services Agreements.

ENVIRONMENTAL DETERMINATION:

The City of Monterey staff 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(b)(5)). 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 has no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

Council could decide to not award these On-Call Professional Assessment, Engineering, Environmental, and Construction Support Services Agreements and direct staff to issue requests for proposals for each project individually. However, this alternative is not recommended as there is a backlog of funded CIP projects for which outside civil engineering services are required to augment City staff. Further, having pre-approved, on-call, as-needed firms readily available allow for more efficient and timely delivery of projects as multiple projects can be designed concurrently.

DISCUSSION:

The City has active and pending projects that require technical assistance from civil engineering firms with knowledge and experience relating to in-water/marine structures.

Having on-call marine engineering firms available allows the City to provide these services in a timely manner.

Individual project task orders will be issued based on the firm’s expertise, workload capacity, services to be performed, schedule requirements, and hourly rates submitted in their proposal. All task orders will be issued based on an agreed-upon, written scope of work, implementation schedule, and maximum fee arrangement negotiated on a project-by-project basis.

Selection of the best-qualified firms was made in accordance with Section 28-10 of the City’s Purchasing Ordinance. On November 30, 2022, a Request for Proposal was issued and Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 2, Packet Page 55 advertised through the City’s e-Procurement Portal, OpenGov Procurement. In addition, notification emails were sent to firms who expressed interest in providing services to the City.

Three (3) proposals were received on February 14, 2023. A selection committee, consisting of Public Works and Community Development Department staff, independently evaluated the proposals in accordance with the qualifications-based selection process.

Each of the two firms selected have experience providing marine engineering services in California and are familiar with Monterey. The combination of the following two firms provides the City with a breadth of knowledge and services to help maintain our in-water infrastructure:
 COWI North America, Inc., Oakland, CA
 Foth & Van Dyke and Associates, Inc., Petaluma, CA
Each agreement will have an initial one-year term and a $500,000 aggregate not-to-exceed fee for all tasks provided. The agreement will include an option for four additional one-year extensions also with an annual not-to-exceed funding limit of $500,000.

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

3. Authorizing the City Manager, or their designee, to execute the Professional Services Agreements upon receipt of information required by the Request for Proposal (RFP).

AR/mr/fm
Attachments: 1. Resolution awarding a Professional Services Agreement to COWI North America, Inc.

2. Resolution awarding a Professional Services Agreement to Foth & Van Dyke and Associates, Inc

3. Request for Proposals to Provide On-Call Professional Assessment, Engineering, Environmental, and Construction Support Services for Programmatic Repairs to Municipal Wharves in the City of Monterey

4. Consultant Selection Evaluation Criteria
c: COWI North America, Inc., 555 12th Street, Suite 1700, Oakland, CA 94607 Foth & Van Dyke and Associates, Inc., 755 Baywood Drive. Suite 228, Petaluma, CA 93954
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, 7/18/2023, Item No. 10., Item Page 3, Packet Page 56 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
AWARDING A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $500,000

FOR ON-CALL PROFESSIONAL ASSESSMENT, ENGINEERING, ENVIRONMENTAL, AND

CONSTRUCTION SUPPORT SERVICES FOR PROGRAMMATIC REPAIRS TO MUNICIPAL WHARVES IN THE CITY OF MONTEREY TO COWI NORTH AMERICA, INC.

WHEREAS, the need exists for the City to obtain prompt professional civil engineering services to support the Capital Improvement Program (CIP) and other municipal programs; WHEREAS, on the 30th day of November 2022, the City issued a Request for Proposal (RFP) for On-Call Professional Assessment, Engineering, Environmental, and Construction Support Services for Programmatic Repairs to Municipal Wharves in the City of Monterey and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; WHEREAS, on the 14th day of February 2023, the City received three (3) proposals from firms that perform this work;
WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based upon specific criteria in the RFP; WHEREAS, following deliberations, the selection committee determined that COWI North America, Inc. and Foth & Van Dyke and Associates, Inc., were the best-qualified firms; WHEREAS, the firms will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and,
WHEREAS, the City of Monterey staff 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(b)(5)). 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 has no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability and;

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.

Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 4, Packet Page 57 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby:

1. Awards a Professional Services Agreement for On-Call Professional Assessment, Engineering, Environmental, and Construction Support Services for Programmatic Repairs to Municipal Wharves in the City of Monterey to COWI North America Inc., for a term of one year, with the option to extend for four additional one-year terms, with an annual amount not to exceed $500,000; and,

2. Authorizes the City Manager, or his designee, to execute the Professional Services Agreements upon receipt of information required by the Request for Proposal (RFP).

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, 7/18/2023, Item No. 10., Item Page 5, Packet Page 58 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
AWARDING A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $500,000

FOR ON-CALL PROFESSIONAL ASSESSMENT, ENGINEERING, ENVIRONMENTAL, AND

CONSTRUCTION SUPPORT SERVICES FOR PROGRAMMATIC REPAIRS TO MUNICIPAL WHARVES IN THE CITY OF MONTEREY TO FOTH & VAN DYKE AND ASSOCIATES, INC.

WHEREAS, the need exists for the City to obtain prompt professional civil engineering services to support the Capital Improvement Program (CIP) and other municipal programs; WHEREAS, on the 30th day of November 2022, the City issued a Request for Proposal (RFP) for On-Call Professional Assessment, Engineering, Environmental, and Construction Support Services for Programmatic Repairs to Municipal Wharves in the City of Monterey and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; WHEREAS, on the 14th day of February 2023, the City received three (3) proposals from firms that perform this work;
WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based upon specific criteria in the RFP; WHEREAS, following deliberations, the selection committee determined that COWI North America, Inc. and Foth & Van Dyke and Associates, Inc., were the best qualified firms; WHEREAS, the firms will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and,
WHEREAS, the City of Monterey staff 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(b)(5)). 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 has no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 6, Packet Page 59 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby:

1. Awards a Professional Services Agreement for On-Call Professional Assessment, Engineering, Environmental, and Construction Support Services for Programmatic Repairs to Municipal Wharves in the City of Monterey to Foth & Van Dyke and Associates, Inc, for a term of one year, with the option to extend for four additional one-year terms, with an annual amount not to exceed $500,000; and,

2. Authorizes the City Manager, or his designee, to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal (RFP).

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, 7/18/2023, Item No. 10., Item Page 7, Packet Page 60 ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 8, Packet Page 61 ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 9, Packet Page 62 ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 10, Packet Page 63 ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 11, Packet Page 64 ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 12, Packet Page 65 ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 13, Packet Page 66 ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 14, Packet Page 67 ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 15, Packet Page 68 ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 16, Packet Page 69 ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 17, Packet Page 70 ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 18, Packet Page 71 ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 19, Packet Page 72 ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 20, Packet Page 73 ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 21, Packet Page 74 ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 22, Packet Page 75 ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 23, Packet Page 76 ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 24, Packet Page 77

ATTACHMENT A
Project Name: Project Code:

Service Area:

Rater’s Name:

Criteria Max Points COWI FOTH
Responsiveness / willingness to
comply with agreement terms 10 10 8
Ability to Design Project 20 20 20
Ability to Manage Project
Requirements
10 10 10
Staff / Organizational Approach 10 9 10
Familiarity with Monterey 10 10 8
Performance on Similar Projects 10 10 10
Reputation, References, Stability 10 10 10
Cost's 10 3 3
Other (Sample Plans): 10 10 10
Total Points: 100 92 89 0 0 0 0
Consultant Selection Evaluation Scorecard
Include On-Call Services:

N/A
Yes
On-Call Professional Assessment, Engineering, Environmental, and Construction Support Services for Programmatic Repairs to Municipal Wharves
Staff
Monterey Marina
Date: 4/4/23
Capital Projects Division
Last Modified: 07/11/13
ATTACHMENT 4
Council Regular Meeting, 7/18/2023, Item No. 10., Item Page 25, Packet Page 78 Council
Agenda Report
№08/22
FROM: Brette Neal, Human Resources Director
Prepared By: Gina Russo, Assistant Human Resources Director SUBJECT: Approve the Memorandum of Understanding (MOU) for the Management Employees’ Association (MEA) 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 Management Employees’ Association for the period of July 1, 2022 through June 30, 2024.

VALUE DRIVERS:

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. Approval of an agreement concluding labor negotiations with represented employees in a closed session must be reported after the agreement is final and has been accepted or ratified by the other party. (Government Code sections 54957.1(a)(6) and 3505.1.) Once the City Council votes to accept the MOU, it becomes a binding agreement.

FISCAL IMPLICATIONS:

The increased annualized ongoing salary and benefits cost for the MEA agreement is $6,568,404 in year one and $6,831,140 in year two of the contract term. The annualized cost will be allocated to and absorbed by the specific funds staff are assigned to for both 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 Date: 7/18/2023
Item No.: 11.

Council Regular Meeting, 7/18/2023, Item No. 11., Item Page 1, Packet Page 79 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.

ALTERNATIVES CONSIDERED:

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

DISCUSSION:

MEA ratified a Tentative Agreement (TA) with the City of Monterey which was considered and approved by City Council in closed session on June 29, 2022; the full MOU is presented for formal approval action today.

The Management Employees’ Association 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 with Exhibit A – MEA MOU 7/1/2022 – 6/30/2024 e: 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, 7/18/2023, Item No. 11., Item Page 2, Packet Page 80 RESOLUTION NO. __- ___ C.S.

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

APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) FOR THE MANAGEMENT EMPLOYEES’ ASSOCIATION (MEA) FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2024
WHEREAS, the Meyers-Milias Brown Act requires the City to meet and confer over wages, hours, and other terms and conditions of employment; WHEREAS, the City Council approved a Tentative Agreement with the Management Employees’ Association on June 29, 2022 in closed session; WHEREAS, approval of an agreement concluding labor negotiations with represented employees in a closed session must be reported after the agreement is final and has been accepted or ratified by the other party. (Government Code sections 54957.1(a)(6) and 3505.1.) Once the City Council votes to accept the MOU, it becomes a binding agreement; WHEREAS, MEA approved the Tentative Agreement on June 29, 2022; WHEREAS, the parties jointly prepared a written MOU to memorialize the Tentative Agreement. The terms of the MOU will become binding as an enforceable contract once the City Council votes to accept the MOU;
WHEREAS, the Management Employees’ Association 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.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF Council Regular Meeting, 7/18/2023, Item No. 11., Item Page 3, Packet Page 81 2 MONTEREY that it hereby approves the Memorandum of Understanding (MOU) for the Management Employees’ Association 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 _______, 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, 7/18/2023, Item No. 11., Item Page 4, Packet Page 82 MEA MOU July 1, 2022 – June 30, 2024 Page 1 of 19

MEMORANDUM OF UNDERSTANDING
between the

CITY OF MONTEREY
and the

MANAGEMENT EMPLOYEES' ASSOCIATION
July 1, 2022 through June 30, 2024
DocuSign Envelope ID: 2E543B38-A425-45B2-B55F-11C0D394D73C

EXHIBIT A
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Table of Contents
SECTION 1 IMPLEMENTATION.................................................................................................................3 SECTION 2 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING.......................................3 SECTION 3 SALARY ..................................................................................................................................3 SECTION 4 DEFERRED COMPENSATION – MATCH PROGRAM...........................................................4 SECTION 5 RETIREMENT HEALTH SAVINGS PLAN ..............................................................................4 SECTION 6 MANAGEMENT COMPENSATION PAY ................................................................................5 SECTION 7 LONGEVITY PAY....................................................................................................................5 SECTION 8 VACATION SCHEDULE AND MAXIMUM ACCRUAL ...........................................................5 SECTION 9 MANAGEMENT LEAVE..........................................................................................................6 SECTION 10 SICK LEAVE............................................................................................................................6 SECTION 11 INSURANCE PLAN .................................................................................................................8 SECTION 12 RETIREMENT........................................................................................................................11 SECTION 13 BENEFITS DURING WORKERS COMPENSATION LEAVE AND SHORT TERM / LONG TERM DISABILITY PLAN ....................................................................................................12 SECTION 14 GROUP LEGAL.....................................................................................................................13 SECTION 15 WORKING OUT OF CLASS PAY..........................................................................................13 SECTION 16 SPECIAL ASSIGNMENT PAY...............................................................................................13 SECTION 17 HOLIDAY TIME......................................................................................................................14 SECTION 18 FLOATING HOLIDAY............................................................................................................14 SECTION 19 MINIMUM LEAVE EVENTS...................................................................................................14 SECTION 20 VOLUNTARY UNPAID LEAVE .............................................................................................14 SECTION 21 TUITION REIMBURSEMENT PROGRAM.............................................................................15 SECTION 22 WELLNESS PROGRAM........................................................................................................15 SECTION 23 FITNESS ACTIVITY PLAN ....................................................................................................16 SECTION 24 EMPLOYEE PARKING..........................................................................................................16 SECTION 25 ALTERNATE STAFFING.......................................................................................................16 SECTION 26 CITY RECREATION PROGRAM FEES................................................................................17 SECTION 27 PROVISIONS OF LAW..........................................................................................................17 SECTION 28 FULL UNDERSTANDING, MODIFICATION AND WAIVER .................................................17 DocuSign Envelope ID: 2E543B38-A425-45B2-B55F-11C0D394D73C

EXHIBIT A
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MEMORANDUM OF UNDERSTANDING
between the

CITY OF MONTEREY
and the

MANAGEMENT EMPLOYEES' ASSOCIATION
July 1, 2022 through June 30, 2024
This Memorandum of Understanding (MOU or Agreement) is entered into pursuant to the Meyers-Milias-Brown 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 Management Employees' Association (hereinafter referred to as "Association” or “MEA").

SECTION 1 IMPLEMENTATION
It is agreed that this MOU shall not be binding upon the parties either in whole or in part unless and until ratified by the Association's membership, and by the City Council by a four-fifths (4/5) vote.

SECTION 2 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING This MOU is effective on July 1, 2022 and shall remain in full force and effective through June 30, 2024. The terms, conditions, wages and all provisions of this MOU shall continue in effect until a new MOU is negotiated and subsequently ratified by the Association and the City Council, or until this MOU is superseded in accordance with City Code Section 25-16.12 (e) (Impasse Procedure), as may be amended, or until the Association dissolves pursuant to City Code Section 15-16.10 (Decertification of Recognized Employee Organizations), as may be amended.

SECTION 3 SALARY

3.1. For 2022-2023 fiscal year:

3.1.1. Effective either July 1, 2022 or following Union and Council ratification (whichever is later) salary schedules shall increase by

4.0%. If an agreement is signed and ratified by July 11, 2022 the pay increase will be effective July 1, 2022.

3.2. For 2023-2024 fiscal year:

3.2.1. Effective the first full pay period following July 1, 2023, salary schedules shall increase by 4.0%.

DocuSign Envelope ID: 2E543B38-A425-45B2-B55F-11C0D394D73C

EXHIBIT A
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3.3. Reopener

3.3.1. The City reserves the right to reopen this MOU on the issue of wages for any classification that becomes vacant during the term of this Agreement.

SECTION 4 DEFERRED COMPENSATION – MATCH PROGRAM
Effective as soon as administratively possible upon ratification, 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 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 5 RETIREMENT HEALTH SAVINGS PLAN

5.1. The Retirement Health Savings Plan (RHSP) is an employer-sponsored health benefit savings program that allows employees to contribute and accumulate assets to pay for medical premiums and allowable health expenses at retirement (or upon meeting eligibility criteria) on a tax-free basis. This plan is not currently in effect. Once employees’ agree to a mandatory contribution amount, it is the City’s intent to implement. The RHSP has the following components:

5.1.1. Eligibility:
a. Employee must retire or separate from City service and have reached a minimum of age fifty (50). Under certain
circumstances, the age requirement may be waived if the employee qualifies as disabled from work under the California Public Employee’s Retirement System (CalPERS) retirement plan, the City’s Short-Term/Long-Term Disability Plan or under Workers’ Compensation.

5.1.2. Contributions:
a. An employee may make a one-time irrevocable election to have an on-going pre-tax salary deduction of 1–20% (whole percentages) of the employee’s base rate of pay, and
b. An employee may also elect on an annual basis, in a year preceding retirement or separation, to make an irrevocable pre-tax deduction up to 100% (whole percentages) of his/her accrued vacation, holiday and compensatory time off
separation payoffs.

5.2. Contributions into the RHSP are made only by the employee; there are no employer contributions. The employee will pay all administrative fees. The employee will be allowed to make his/her irrevocable election within thirty (30) days of hire as a full-time employee, and/or during the City’s annual open enrollment period.

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EXHIBIT A
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5.3. If a participating employee dies without designating a beneficiary, the distribution of any assets contained in the employee’s account shall be distributed equally among City-wide participants in the plan.

Current Internal Revenue Service (IRS) regulations governing RHSPs, as may be amended, are controlling over this Section and may affect whether and how the City provides this program.

SECTION 6 MANAGEMENT COMPENSATION PAY
Effective July 1, 2016, 1.92% Management Compensation Pay ceased and the value was rolled into the base salary for employees in this representation unit.

SECTION 7 LONGEVITY PAY

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

7.1.1. For those with at least twenty (20) years of continuous full-time City of Monterey service and less than twenty-five (25) years, a 5.0% longevity pay, calculated from the base rate of pay set forth in the adopted salary schedule, will be provided.

7.1.2. For those with at least twenty-five (25) years of continuous full-time City of Monterey service and less than thirty (30) years, a total of

10.0% longevity pay, calculated from the base rate of pay set forth in the adopted salary schedule, will be provided.

7.1.3. For those with at least thirty (30) years of continuous full-time City of Monterey service or more, a total of 15.0% longevity pay, calculated from the base rate of pay set forth in the adopted salary schedule, will be provided.

7.2. Employees hired on or after December 6, 2016, shall not be eligible for Longevity Pay.

7.3. Employees receiving stacked longevity pay in effect at the time of ratification will continue receiving such compounded 10.00% and 15.00% 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, or additional longevity pay, the flat rates of 10.00% and 15.00% as described above will apply.

SECTION 8 VACATION SCHEDULE AND MAXIMUM ACCRUAL

8.1. Vacation leave shall accrue and be subject to the rules and regulations in effect at the time of the request for leave.

8.2. Employees with more than twenty (20) years of service shall accrue annual vacation leave at the rate of twenty-three (23) days per year (184 hours per DocuSign Envelope ID: 2E543B38-A425-45B2-B55F-11C0D394D73C

EXHIBIT A
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year).

8.3. Vacation shall not accrue in excess of 320 hours. Once an employee reaches this accrual limit, the employee shall not accrue additional vacation.

Vacation accrual based on the employees’ accrual rates shall commence only after an employee has utilized vacation and accrual banks are below the 320 maximum allowed. Employees may cash-out vacation accrual in excess of 280 hours at the end of the calendar year in accordance with a procedure set by the Finance Director. Vacation accruals may be cashed out upon separation from City employment.

SECTION 9 MANAGEMENT LEAVE

9.1. Employees shall be provided with forty (40) hours of “use it or lose it” management leave at the beginning of each calendar year. Unused time may not rollover to the next year, and there shall be no cash value for management leave time.

9.2. For those employees who are new to the Association (promotion from another employee group, or one who is hired to an Association classification from another agency), the amount of provided management leave in the initial calendar year of appointment shall be prorated based on the following schedule according to hire date:
 If hired January 1 to March 31 40 hours of Management Leave  If hired April 1 to June 30 30 hours of Management Leave  If hired July 1 to September 30 20 hours of Management Leave  If hired October 1 to November 30 10 hours of Management Leave  If hired December 1 to December 31 0 hours of Management Leave SECTION 10 SICK LEAVE
Sick leave shall continue to be accrued and subject to the rules and regulations which existed at the time of application.

10.1. Sick Leave Accrual

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

10.1.2. All full-time personnel may accrue sick leave not subject to a maximum accrual.

10.1.3. For purposes of this section, Family Member means Children (biological, stepchildren, adopted, foster, legal wards, or a child to whom the employee stands in loco parentis), Parents
(biological, adopted, step, foster, guardian, wards, or in-laws), Spouse, Domestic Partner registered with the State and
submitted to Human Resources, Grandparent, Grandchild,
Brother, and Sister.

DocuSign Envelope ID: 2E543B38-A425-45B2-B55F-11C0D394D73C

EXHIBIT A
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10.2. Sick Leave Usage for Employee and Family Members

10.2.1. 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 Family Member.

10.2.2. Accrued sick leave may also be used in accordance with Monterey City Code Section 25-12.11 (Catastrophic Leave), as may be amended.

10.2.3. When utilizing the sick leave benefit, the employee shall notify the City Manager or his/her designee, in accordance with departmental regulations and Monterey City Code Section 25-

11.01(b) (Attendance), as may be amended.

10.2.4. 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 City Manager or his/her designee, on a daily basis if deemed necessary by the City Manager or his/her designee.

10.2.5. 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.

10.3. Sick Leave usage for Death of a Family Member (Bereavement)

10.3.1. All employees may be authorized to use up to forty (40) hours of accrued sick leave per calendar year for the death of a family member. The maximum combined allowable use of sick leave for the above purposes shall not exceed eighty (80) hours in any calendar year.

10.3.2. At the Department Head or his/her designee’s discretion, the employee may be required to provide evidence that the leave was used for the purposes intended by this section.

10.4. Sick Leave Abuse

10.4.1. 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.

10.4.2. When the Department Head or his/her designee has reason to suspect that an employee has abused sick leave benefits, the Department Head or his/her designee may require that employee to file a personal affidavit or physician’s affidavit excusing the absence due to illness or injury. The Department Head or his/her designee, 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 DocuSign Envelope ID: 2E543B38-A425-45B2-B55F-11C0D394D73C

EXHIBIT A
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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.

10.4.3. Employees may be subject to discipline when the City substantiates that absences taken and sick leave accruals used 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 (1) in which the City is involved as a third party.

10.5. Sick Leave Usage as Personal Leave

10.5.1. 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 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 or his/her designee’s approval.

10.6. Exhaustion of Sick Leave

10.6.1. An employee anticipating exhaustion of sick leave may request advance approval from the Department Head or his/her designee 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 or his/her designee having discretion to either deny or approve the request.

10.7. Maternity and Parental Leave

10.7.1. 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 Leave Act, California Family Rights Act (CFRA) and the Fair
Employment and Housing Act.

10.7.2. 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 11 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 use its best efforts to provide thirty (30) days’ notice, and, upon request, meet with representatives of the DocuSign Envelope ID: 2E543B38-A425-45B2-B55F-11C0D394D73C

EXHIBIT A
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Association. The City contribution towards the Insurance Plan premium(s) is defined in Section 11.4.

11.1. Dental/Orthodontia Insurance

11.1.1. The City shall pay the full cost for employee dental insurance administered by Coastal or an equivalent third party administrator up to the annual maximums described in the plan description.

11.1.2. 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.

11.2. Vision Care

11.2.1. 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.

11.3. Life Insurance

11.3.1. The City will provide a basic $50,000.00 Term Life Insurance and Accidental Death and Dismemberment Policy for each
employee covered by this Agreement.

11.3.2. Additional Term Life Insurance (supplemental) may be purchased by each employee through payroll deductions in increments of $10,000.00 up to a maximum of $100,000.00, subject to the conditions of the life insurance carrier. In accordance with IRS regulations, only premiums for up to $50,000.00 of combined basic and supplemental coverage may be paid on a pre-tax basis. The purchase of additional
insurance shall be in accordance with payroll deduction procedures established by the Finance Director and the
underwriting requirements of the insurance carrier.

11.4. Cafeteria Plan and Major Medical Insurance

11.4.1. The provisions of this Agreement require participation by the Association in the Public Employees Medical and Hospital Care Act (PEMHCA). The City shall continue the existing flexible benefits plan for employees through the term of this Agreement.

11.4.2. The City provides health insurance through CalPERS. The City shall make a direct contribution equal to the minimum employer contribution for agencies participating in the PEMHCA on behalf of each active employee and qualified
retiree.
a. For the plan year beginning January 1, 2023, the City shall make a nonelective employer contribution to the flexible DocuSign Envelope ID: 2E543B38-A425-45B2-B55F-11C0D394D73C

EXHIBIT A
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benefits plan on behalf of each active employee in an
amount which, inclusive of the minimum PEMHCA
contribution, 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 (2)-person coverage and
$748.00 per month for single coverage.]
c. This contribution is known as the Health Plan Spending Fund “HPSF”. In no event will employees be credited with cash for any remaining HPSF balance.
d. For the plan year January 1, 2024 only, if the amounts in subsection a. above are less than the total premiums for PERS Gold, the City shall increase its contributions, not to exceed 9.0%, to the new PERS Gold premiums.

11.5. Waiver of Medical Insurance

11.5.1. During the term of this MOU, employees who opt out of a 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, as may be amended.

11.6. Optional Benefits

11.6.1. 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).

11.6.2. Each of these programs will be administered in accordance with the IRS Code.

11.6.3. 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, but will not receive any remaining HPSF balance as cash. Those
benefits include:
 Health insurance in accordance with PERS regulations and DocuSign Envelope ID: 2E543B38-A425-45B2-B55F-11C0D394D73C

EXHIBIT A
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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, employees will pay any administration fee for this service through payroll deductions, and
 Flexible Spending Account, employees will pay any
administration fee for this service through payroll deductions.

11.7. Retiree Medical Premiums

11.7.1. 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 12 RETIREMENT

12.1. Miscellaneous Classic Members

12.1.1. For all miscellaneous members hired prior to January 1, 2013, the City will continue to provide the 2.7% @ 55 PERS
Miscellaneous Members Retirement for each employee
covered by this Agreement. The same 2.7% @ 55 will 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 fulltime by another PERS (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 PERS for the 2.7% @ 55 plan contains the following plan amendments allowed by the Public Employees’ Retirement
Law (PERL):
 Highest twelve (12) consecutive months for purposes of determining final compensation (PERL Section 20042);
 Sick leave credit/conversion to service time (PERL Section 20965);
 1959 Survivor Benefit Level 4 (PERL 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 (PERL Section 20305).  Military Service Credit (PERL Section 21024);
 Partial Service Retirement (PERL Section 21118); and
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EXHIBIT A
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 Employees Sharing Cost of Additional Benefits (PERL
Section 21354.5).

12.1.2. 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 PERS.

12.1.3. 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 pretax basis a 3.0% costshare 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.

12.1.4. The employer's cost for the 1959 Survivor Benefit Level 4 (Section 21574) will be paid by the employees through payroll deduction.

12.2. Miscellaneous PEPRA Members

12.2.1. PEPRA employees are those 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 PERS (or reciprocal) agency and had a break in service greater than six months (6) from date of hire by the City of Monterey, will be placed on a second PERS 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 thirty-six (36)-month average of annual pensionable compensation earned (rather than a twelve (12)-month average), and employees on the second tier contribute 50.0% of the normal cost of the plan as established by CalPERS and are not required 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 13 BENEFITS DURING WORKERS COMPENSATION LEAVE AND

SHORT TERM / LONG TERM DISABILITY PLAN
The City shall provide a City-paid combined insured Short Term Disability / 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.

13.1. Maintenance of Benefits
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EXHIBIT A
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13.1.1. The City will provide the employee on an industrial or nonindustrial disability protected leave of absence with benefits for up to a maximum of one year (1) per incident in accordance with state and federal law.

13.1.2. 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.

13.2. The City will continue to provide the employee HPSF, dental, vision, life, Employee Assistance Plan and participation in the medical plan for up to a maximum of one (1) year per incident, subject to the following:
 The person is an active employee; and
 The employee has at least one (1) full day in a pay status during the month (either City pay or Disability payment).

13.3. Leave Accrual

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

13.3.2. 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.

SECTION 14 GROUP LEGAL
Subject to provider limitations, the City will continue to provide a Group Legal Services Plan for employees represented by the Association 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 200 employees.

SECTION 15 WORKING OUT OF CLASS PAY
In lieu of the provisions of Section 25-5.11 (a)(2) of the Monterey City Code, effective with the adoption of this Agreement the following will apply:
 "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, for employees represented by Association, in order to be eligible for additional compensation, which will be applied to the excess period of time."
SECTION 16 SPECIAL ASSIGNMENT PAY
City Code Section 25-5.12 addresses Special Assignment Pay, with the range for the City Manager or designee to authorize not less than 2.0% and not more than 5.0% in DocuSign Envelope ID: 2E543B38-A425-45B2-B55F-11C0D394D73C

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 11., Item Page 17, Packet Page 95 MEA MOU July 1, 2022 – June 30, 2024 Page 14 of 19
a temporary pay adjustment. This section modifies that range as addressed in City Code section 25-5.12 to be not less than 2.0% and not more than 20.0%.

SECTION 17 HOLIDAY TIME
Except as otherwise provided, each full-time employee who is on paid status before and after the holidays specified below shall be eligible for paid holiday leave on each of the following specified holidays, and on no other day, during the term of this Agreement:
 New Year's Day
 Martin Luther King, Jr. Birthday
 President's Day
 Memorial Day
 Juneteenth
 Independence Day
 Labor Day
 Admission Day
 Veterans' Day
 Thanksgiving Day
 The day after Thanksgiving Day
 The working day immediately preceding Christmas Day
 Christmas Day
 The working day immediately following Christmas Day
SECTION 18 FLOATING HOLIDAY

18.1. The Association's holiday schedule shall include one (1) floating holiday per fiscal year, per employee. This floating holiday may be carried over into the following year, but in no case shall an employee be allowed to accrue more than forty (40) hours of accrued floating holiday time. There shall be no cash value to the accrued floating holiday hours. The scheduling is at the discretion of the employee subject to approval by the Department Head.

18.2. If an employee is at the forty (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 19 MINIMUM LEAVE EVENTS
The minimum leave that can be taken by an employee for all leave events shall be fifteen (15) minutes, except for voluntary unpaid leave pursuant to this Agreement, Section 22.

SECTION 20 VOLUNTARY UNPAID LEAVE
DocuSign Envelope ID: 2E543B38-A425-45B2-B55F-11C0D394D73C

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 11., Item Page 18, Packet Page 96 MEA MOU July 1, 2022 – June 30, 2024 Page 15 of 19

20.1. With advance Department Head approval, an employee may take up to forty (40) hours of management unpaid leave per calendar year. Such leave may be taken in one (1) hour minimum increments. Further, so long as the employee is in a paid status at least half of the month, such unpaid leave shall not result in a loss of benefits or leave accruals.

20.2. 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 21 TUITION REIMBURSEMENT PROGRAM
The Tuition Reimbursement allowance shall be $1000.00 per fiscal year per employee, subject to Department Head approval. The program shall include reimbursement for seminars, conferences and other accredited courses that are job related and for course textbooks.

SECTION 22 WELLNESS PROGRAM

22.1. The Association and the City agree that employee health and fitness are important factors in maintaining an optimal work environment. In addition to the existing Employee Assistance Program, employees may receive 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 IRS views the employee membership as taxable income.

22.2. Upon complying with membership, employees shall receive annual, renewable and nontransferable employee-only passes to the Monterey Sports Center in order to implement their personal fitness programs.

22.3. 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 towards the family pass which shall be irrevocable for the next twelve (12) months.

22.4. 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.

22.5. New hires can enroll in the Fitness Program upon hire, and then during DocuSign Envelope ID: 2E543B38-A425-45B2-B55F-11C0D394D73C

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 11., Item Page 19, Packet Page 97 MEA MOU July 1, 2022 – June 30, 2024 Page 16 of 19
open enrollment thereafter. Employees can cancel enrollment in the Fitness Program during open enrollment.

SECTION 23 FITNESS ACTIVITY PLAN

23.1. All MEA-represented members will be eligible to participate in a Fitness 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.

23.2. Conditions for Qualifying
 Employees are required to work out a minimum of 1170 minutes per quarter in order to accrue ten (10) hours of leave. A session is considered to be any moderate or higher intensity physical activity lasting a minimum of fifteen (15) minutes.
 Participants will sign a form demonstrating completion of each workout, which is based on the honor system. At the end of each quarter the form will be turned into the Human Resources Department and the ten (10) hours of leave will be credited to the exercise incentive time bank as soon as practical and will be available for immediate use by the employee.
 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.
 Approval for the use of Leave shall otherwise be subject to the same use rules as vacation and requires advance Department Head or his/her designee’s approval.
 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 30-minute workout session is encouraged.

Individual results of the physical fitness assessment will be confidential between the Monterey Sports Center and the employee.  Submitting a Fitness Plan Waiver form to Human Resources is required to participate in this program.

SECTION 24 EMPLOYEE PARKING
The parties acknowledge that the City has not provided free parking for all on duty personnel.

SECTION 25 ALTERNATE STAFFING
The City will provide an Alternate Staffing Program, as described in Attachment A of this MOU, for the City’s professional engineering classes. This program is limited to classifications in the Public Works Department. Eligible classifications under this section are Associate Civil Engineer, Assistant Civil Engineer, Junior Civil Engineer, Field Engineer, Associate Engineering Surveyor, and Assistant Engineering Surveyor.

DocuSign Envelope ID: 2E543B38-A425-45B2-B55F-11C0D394D73C

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 11., Item Page 20, Packet Page 98 MEA MOU July 1, 2022 – June 30, 2024 Page 17 of 19
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.

SECTION 26 CITY RECREATION PROGRAM FEES
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 27 PROVISIONS OF LAW
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 regulation, 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 28 FULL UNDERSTANDING, MODIFICATION AND WAIVER

28.1. 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 not changed herein shall remain in full force.

28.2. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to negotiate with respect to any subject or matter covered herein or with respect to any other matters within the scope of representation during the term of this Agreement.

28.3. 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 all parties.

28.4. In the event any new practice, subject or matter arises during the term of this Agreement that is within the scope of meet and confer, and an action is proposed by the City, the Association shall be afforded all possible advance notice and shall have the right to meet and confer upon request.

In the absence of an agreement on such a proposed action, the City reserves the right to take necessary action by management direction.

28.5. 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 DocuSign Envelope ID: 2E543B38-A425-45B2-B55F-11C0D394D73C

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 11., Item Page 21, Packet Page 99 MEA MOU July 1, 2022 – June 30, 2024 Page 18 of 19
to the safety of persons and property within the City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or 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.

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.

DocuSign Envelope ID: 2E543B38-A425-45B2-B55F-11C0D394D73C

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 11., Item Page 22, Packet Page 100 MEA MOU July 1, 2022 – June 30, 2024 Page 19 of 19
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 MANAGEMENT EMPLOYEES' ASSOCIATION

_______________________________ ________________________________ Hans Uslar Date Louie Marcuzzo Date
City Manager MEA President

_______________________________ ________________________________ Brette Neal Date Cristie Steffy Date
Human Resources Director MEA Vice President
_______________________________
Gina Russo Date
Assistant Human Resources Director
DocuSign Envelope ID: 2E543B38-A425-45B2-B55F-11C0D394D73C 6/16/2023 | 9:42 AM PDT 6/15/2023 | 1:17 PM PDT
6/14/2023 | 3:09 PM PDT
6/14/2023 | 5:42 PM PDT 6/15/2023 | 7:56 AM PDT

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 11., Item Page 23, Packet Page 101 Council
Agenda Report
№08/22
FROM: Brette Neal, Human Resources Director
Prepared By: Gina Russo, Assistant Human Resources Director SUBJECT: Approve the Memorandum of Understanding (MOU) for the Monterey Police Association (MPA) 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 Monterey Police Association for the period of July 1, 2022 through June 30, 2024.

VALUE DRIVERS:

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. Approval of an agreement concluding labor negotiations with represented employees in a closed session must be reported after the agreement is final and has been accepted or ratified by the other party. (Government Code sections 54957.1(a)(6) and 3505.1.) Once the City Council votes to accept the MOU, it becomes a binding agreement.

FISCAL IMPLICATIONS:

The increased annualized ongoing salary and benefits cost for the MPA agreement is $7,833,682 in year one and $8,223,374 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, except in cases where staff is assigned to other funds, in which those funds will absorb the cost.

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 Date: 7/18/2023
Item No.: 12.

Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 1, Packet Page 102 cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project.

ALTERNATIVES CONSIDERED:

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

DISCUSSION:

MPA ratified a Tentative Agreement (TA) with the City of Monterey, which was considered and approved by City Council in closed session on June 29, 2022; the full MOU is presented for formal approval action today.

The Monterey Police Association 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. The MOU also added a new retention pay of $275 per month, up to $550 per month based on years of service, as well as a $15 uniform increase.

BK/gr
Attachments: 1. Resolution with Exhibit A – MPA MOU 7/1/2022 – 6/30/2024 e: 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, 7/18/2023, Item No. 12., Item Page 2, Packet Page 103 RESOLUTION NO. __- ___ C.S.

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

APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) FOR THE MONTEREY POLICE ASSOCIATION (MPA) FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2024
WHEREAS, the Meyers-Millias Brown Act requires the City to meet and confer over wages, hours, and other terms and conditions of employment; WHEREAS, the City Council approved a Tentative Agreement with the Monterey Police Association on June 29, 2022 in closed session;
WHEREAS, approval of an agreement concluding labor negotiations with represented employees in a closed session must be reported after the agreement is final and has been accepted or ratified by the other party. (Government Code sections 54957.1(a)(6) and 3505.1.) Once the City Council votes to accept the MOU, it becomes a binding agreement; WHEREAS, MPA approved the Tentative Agreement on June 29, 2022; WHEREAS, the parties jointly prepared a written MOU to memorialize the Tentative Agreement. The terms of the MOU will become binding as an enforceable contract once the City Council votes to accept the MOU;
WHEREAS, the Monterey Police Association 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. The MOU also added a new retention pay of $275 per month, up to $550 per month based on years of service, as well as a $15 uniform increase; 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, 7/18/2023, Item No. 12., Item Page 3, Packet Page 104 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby approves the Memorandum of Understanding (MOU) for the Monterey Police Association 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 _______, 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, 7/18/2023, Item No. 12., Item Page 4, Packet Page 105

Page 1 of 26 ends

MPA MOU July 1, 2022 – June 30, 2024

MEMORANDUM OF UNDERSTANDING
between the

CITY OF MONTEREY
and the

MONTEREY POLICE ASSOCIATION (MPA)
July 1, 2022 through June 30, 2024
DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 5, Packet Page 106

Page 2 of 26 ends

MPA MOU July 1, 2022 – June 30, 2024
Contents
SECTION 1 - IMPLEMENTATION ..........................................................................................................4 SECTION 2 - TERM OF AGREEMENT.....................................................................................................4 SECTION 3 - SALARY ADJUSTMENTS....................................................................................................4 SECTION 4 - LONGEVITY PAY...............................................................................................................5 SECTION 5 - MERIT SALARY STEPS.......................................................................................................5 SECTION 6 - INSURANCE COVERAGES..................................................................................................6 SECTION 7 - "SECTION 125 PROGRAMS" .............................................................................................8 SECTION 8 - PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS)............................................................8 SECTION 9 - RETIREMENT HEALTH SAVINGS PLAN (RHSP)....................................................................9 SECTION 10 - DEFERRED COMPENSATION - MATCH PROGRAM..........................................................10 SECTION 11 - UNIFORM ALLOWANCE................................................................................................10 SECTION 12 - CALL BACK COMPENSATION ........................................................................................11 SECTION 13 - SPECIAL ASSIGNMENT DIFFERENTIAL PAY ....................................................................12 SECTION 14 - SHIFT DIFFERENTIAL PAY..............................................................................................13 SECTION 15 - BILINGUAL PAY............................................................................................................13 SECTION 16 - POST ADVANCED CERTIFICATE PAY ..............................................................................14 SECTION 17 - STAND-BY COMPENSATION .........................................................................................14 SECTION 18 - COURT TIME COMPENSATION .....................................................................................14 SECTION 19 - OVERTIME, COMPENSATORY TIME OFF, HOLIDAY TIME, AND SPECIAL SERVICES MINIMUMS 15
SECTION 20 - TRAINING TRAVEL TIME...............................................................................................15 SECTION 21 - EDUCATION INCENTIVE PLANS.....................................................................................16 SECTION 22 - TUITION REIMBURSEMENT ..........................................................................................16 SECTION 23 - VACATION AND SICK LEAVE .........................................................................................16 SECTION 24 - SICK LEAVE/INDUSTRIAL DISABILITY RETIREMENT ........................................................17 SECTION 25 - SICK LEAVE PAYOUT ....................................................................................................17 SECTION 26 - SICK LEAVE USED AS PERSONAL LEAVE.........................................................................18 SECTION 27 - MATERNITY AND PARENTAL LEAVE..............................................................................18 SECTION 28 - VOLUNTARY UNPAID LEAVE TIME................................................................................18 SECTION 29 - HOLIDAY SCHEDULE.....................................................................................................18 SECTION 30 - DEFINITION OF 4/10 PLAN AND UTILIZATION ...............................................................19 SECTION 31 - CHANGE OF SHIFT ASSIGNMENT ..................................................................................21 SECTION 32 - NO SMOKING POLICY...................................................................................................21 DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 6, Packet Page 107

Page 3 of 26 ends

MPA MOU July 1, 2022 – June 30, 2024
SECTION 33 - PREPAID LEGAL SERVICES ............................................................................................21 SECTION 34 - FITNESS ACTIVTY PLAN ................................................................................................22 SECTION 35 - WELLNESS PROGRAM..................................................................................................22 SECTION 36 - DONNING AND DOFFING .............................................................................................23 SECTION 37 - EMPLOYEE AND ORGANIZATIONAL RIGHTS..................................................................23 SECTION 38 - CITY RIGHTS ................................................................................................................25 SECTION 39 - PROVISIONS OF LAW ...................................................................................................25 SECTION 40 - FULL UNDERSTANDING, MODIFICATION AND WAIVER .................................................25 DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 7, Packet Page 108

Page 4 of 26 ends

MPA MOU July 1, 2022 – June 30, 2024

MEMORANDUM OF UNDERSTANDING
between the

CITY OF MONTEREY
and the

MONTEREY POLICE ASSOCIATION
July 1, 2022 through June 30, 2024
This Memorandum of Understanding (“MOU” or “Agreement”) is entered into pursuant to the Meyers-Milias-Brown Act (Government Code sections 3500-3510) and the Employee Relations Regulations of the City of Monterey (City Code section 25-16) and is made by and between the City of Monterey ("City"), and the Monterey Police Association ("Association"). The City and the Association recognize all members of the Monterey Police Department in the rank of Police Officer and Police Sergeant, herein referred to as "employee(s)," are governed by this Agreement.

SECTION 1 - IMPLEMENTATION
It is agreed that this MOU shall not be binding upon the parties either in whole or in part unless and until ratified by the Association's membership, and unless and until the City Council acts, by a four-fifths vote, to approve this MOU; appropriates the necessary funds required to implement the provisions of this Mouth at require funding; and takes any other required action.

SECTION 2 - TERM OF AGREEMENT
This Agreement shall be effective on July 1, 2022, and shall terminate at 12:00 midnight on June 30, 2024.

In the event either party desires to negotiate a successor agreement, such party shall notify the other party.

Negotiations shall begin no later than 30 days from the timely receipt by one party of the other party's notice for an initial meeting, unless the parties mutually agree to start negotiations at a later date.

SECTION 3 - SALARY ADJUSTMENTS
During the term of this Agreement, the following salary increases shall be made to employees in accordance with the procedures established by the Finance Director.

3.1 Effective either July 1, 2022 or following City Council ratification (whichever is later), and as soon as administratively possible, the pay rates for employees shall be increased by four percent (4.0%).

DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 8, Packet Page 109

Page 5 of 26 ends

MPA MOU July 1, 2022 – June 30, 2024

3.3 Effective the first full pay period following July 1, 2023, the pay rates for employees shall be increased by four percent ( 4.0%).

3.4 Due to challenges faced within the regional police labor market and throughout the state, and to maintain retention and support recruitment efforts, effective July 1, 2023, members that have reached step 5 of either the Officer or Sergeant Classification for three years (3) are eligible to receive a retention stipend of two hundred and seventy five dollars ($275.00) per month.

Unit members that have reached step 5 of either the Officer or Sergeant Classification for six years (6) are eligible to receive an additional retention stipend of two hundred and seventy five dollars ($275.00) per month, (total of $550.00 per month).

SECTION 4 - LONGEVITY PAY
Employees hired on or after June 6, 2017 shall not be eligible for Longevity Pay.

Employees will receive longevity pay the first full pay period following the anniversary date that meets the required years of continuous full time service as follows:

Employees hired before June 6, 2017 with at least twenty (20) years of continuous full time City of Monterey service or more, will receive a 5.0% pay increase, calculated from the base pay set forth in the adopted salary schedule.

Employees hired before June 6, 2017 with at least twenty-five (25) years of continuous full time City of Monterey service or more, will receive a 5.0% pay increase for a total amount of longevity pay equal to 10.0%, calculated from the base pay set forth in the adopted salary schedule.

Employees hired before June 6, 2017 with at least thirty (30) years of continuous full time City of Monterey service or more, will receive a 5.0% pay increase for a total amount of longevity pay equal to 15.0%, calculated from the base pay set forth in the adopted salary schedule.

Employees receiving stacked longevity pay in effect at the time of ratification will continue receiving such compounded 10% and 15% pay. For example, an employee currently receiving longevity for 25 years will continue to receive 10.25% and those currently receiving longevity for 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 5%, 10%, and 15% as described above will apply.

SECTION 5 - MERIT SALARY STEPS
There shall be a one-year performance review period between each step of the salary range, with step advancements in accordance with the Personnel Rules and Regulations DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 9, Packet Page 110

Page 6 of 26 ends

MPA MOU July 1, 2022 – June 30, 2024
in Section 25-5 of the Monterey City Code.

SECTION 6 - INSURANCE COVERAGES
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 use its best efforts to provide 30 days’ advance notice, and, upon request, meet with representatives of the Association.

6.1 Major Medical
The City agrees to continue in the Public Employees Medical and Hospital Care Act (PEMHCA).

6.2 Dental/Orthodontia
The City shall pay the full cost for employee dental insurance administered by Coastal or an equivalent third party administrator up to the annual maximums described in the plan description.

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

6.3 Vision Care
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.

6.4 Life Insurance
The City will provide a $20,000 Term Life Insurance and Accidental Death and Dismemberment Policy for each employee covered by this agreement. Employees, at their option and at their cost, may purchase up to an additional $100,000 of Term Life Insurance and Accidental Death in $10,000 increments at the prevailing premium assessed by the City's carrier and subject to the conditions of the City's carrier. Further, with the insurance carrier's approval, the cap may be removed. The purchase of additional insurance shall be in accordance with payroll deductions procedures established by the Finance Director, the underwriting requirements of the insurance carrier, and any limitations imposed by Federal or State laws relating to the pre-tax DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 10, Packet Page 111

Page 7 of 26 ends

MPA MOU July 1, 2022 – June 30, 2024
purchase of life insurance.

6.5 Cafeteria Plan
The City provides health insurance through the California Public Employee’s Retirement System (CalPERS). The provisions of this plan require participation by Association 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 section 22892, as may be amended.

6.5.1 The City shall continue the existing flexible benefits plan for employees through the term of this Agreement.

6.5.2 The City shall make a direct contribution equal to the minimum employer contribution for agencies participating in PEMHCA on behalf of each active employee and qualified retiree.
a. For the plan year beginning January 1, 2023 and effective the first pay period following ratification, if an employee elects to participate in any CalPERS health plan, the City will make a maximum monthly contribution for each coverage level (ee only, ee+1, ee+family) that, inclusive of the PEMHCA minimum monthly contribution, will equal up to the following:
$ 2,540.00 per month – family coverage
$ 2,040.00 per month – employee + 1
$ 899 per month – employee only
[EXAMPLE: For 2023, the PEMHCA minimum contribution is $151 ; the City shall make a flexible benefits plan contribution of $2,389.00 per month for family coverage, $1,889.00 per month for two-person coverage and $748.00 per month for single coverage.]
This contribution is known as the Health Plan Spending Fund (“HPSF”). In no event will employees be credited with cash for any remaining HPSF balance. b. For the plan year January 1, 2024 only, if the amounts in subsection a. above are less than the total premiums for PERS Gold, the City shall increase its contributions, not to exceed 9%, to the new PERS Gold premiums. c. Medical Waiver
Effective the pay period following ratification, or as soon as administratively feasible, employees who opt out of a 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 DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 11, Packet Page 112

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to Human Resources. Alternate coverage must be acceptable by the City and compliant with the Affordable Care Act, as may be amended.

6.5.3 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 PERS 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; and
 Flexible Spending Account (FSA) Employees will pay any administration fee for this service through payroll deductions; and
 Commencing the first full pay period following adoption of this agreement, employees will no longer receive any remaining HPSF balance as cash.

SECTION 7 - "SECTION 125 PROGRAMS"
Employees may elect to participate in three Section 125 programs offered by the City.

The available programs are Premium Conversion, Dependent Care, and Flexible Spending Account. Each of these programs will be administered in accordance with the IRS Code. Employees will pay any administration fee for this service through payroll deductions. The Flexible Spending Account has a maximum participation cap in an amount designated by the IRS.

For informational purposes only, the following is a description of the Section 125 programs offered by the City:
- Premium Conversion: Permits payment of health insurance premiums subject to salary deduction with pretax income. - Dependent Care: Permits payment of eligible dependent care expenses (minor and/or adult) with pre-tax
income.
- Flexible Spending Account: Permits payment of eligible health care expenses not reimbursed by health insurance
with pre-tax income.

SECTION 8 - PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS)

8.1.1 For “Classic” employees, as defined by the Public Employees’ Retirement System (PERS), hired prior to January 1, 2013, or who were employed full-time by DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 12, Packet Page 113

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another PERS (or reciprocal) agency within six months from date of hire by the City of Monterey, retirement benefits for employees shall be those established by the Public Employees’ Retirement System (PERS) for Local Safety Members 3% at age 50 Formula, highest single year.

8.1.2 For new employees, as defined by the Public Employees’ Retirement System (PERS), hired on or after January 1, 2013, retirement benefits shall be those established by the Public Employees’ Retirement System (PERS) for Local Safety Members 2.7% at age 57 Formula, highest three years.

8.1.3 Effective January 1, 2018, “Classic” employees, as defined by the Public Employees’ Retirement System (PERS), shall contribute a three percent (3%) additional member contribution over and above the Normal Contribution for “Classic” members toward the employer’s contribution, for a total member contribution rate of twelve Percent (12%), which is memorialized by a 2018 contract amendment with CalPERS.

SECTION 9 - RETIREMENT HEALTH SAVINGS PLAN (RHSP)
The Retirement Health Savings Plan (“RHSP”) is a City funded health benefit savings program that allows employees to accumulate assets to pay for medical premiums and allowable health expenses at retirement (or upon meeting eligibility criteria) on a tax-free basis. The RHSP has the following components:

Eligibility: Employee must reach at least 10 years of City Service or more, retire or separate from City service and have reached a minimum of age 50. Under certain circumstances the age requirement may be waived if the employee qualifies as disabled from work under the PERS retirement plan or under Workers' Compensation.

The City will contribute $50.00 per month per employee to the RHSP. The City’s contribution and related investment results will then be provided to the employee upon separation, or retirement, as long as the employee reaches 10 years of City service in a sworn police position.

If an employee does not reach at least 10 years of City service or more, the City’s contribution and investment results shall return to the City to offset further contribution costs.

The City will attempt to find a way in which employees may contribute to a health savings plan. If such a program is found, and complies with all Internal Revenue Service regulations, and any other applicable law, the City will make such a program available to Association as soon as it is feasible.

Internal Revenue Service regulations governing RHSPs, as may be amended, are DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 13, Packet Page 114

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controlling over this Section, and may affect whether and how the City provides this program.

SECTION 10 - DEFERRED COMPENSATION - MATCH PROGRAM
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 City's and the employee's combined contribution to the City's Deferred Compensation Plan(s) cannot exceed the maximum permitted by law.

The parties agree that during the term of this agreement, at least one member or representative from the Association will participate in any deferred compensation committee to consider additional deferred compensation options for all City employees.

SECTION 11 - UNIFORM ALLOWANCE
The City will contribute the following monthly uniform allowance:

The City will contribute $130.00 monthly for uniform allowance or $170.00 monthly for Special Unit* uniform allowance. *Special Unit is defined as those personnel assigned to the Traffic Unit and Community Action Team (CAT), (and their successor units should titles change in the future).

The following will be purchased by the Department (or City):
 Traffic: (1) motorcycle helmet, (1) pair motorcycle boots (replaced after (2) two years if worn out), (1) pair motorcycle gloves, (1) pair protective motorcycle pants, (1) protective motorcycle jacket, (1) protective uniform motorcycle shirt.  CAT: (1) Bike/Special Event Uniform shirt, (1) bike uniform short pants, (1) bike uniform long pants, (1) bike helmet, (1) pair of bike gloves, (1) pair of safety glasses (not to exceed $50).

Officers will be provided with initial hire equipment to include:
 (1) Class C uniform, (1) baseball cap, (1) class A hat, (1) tie, (1) tie bar, (1) name plate.
 Pistol, holster, inner belt, duty belt, (4) keepers, magazine holder, asp, asp holder, wood baton, wood baton holder, radio, radio holder, OC spray, OC holder, (2) pair of handcuffs, handcuff holder, Taser, Taser holder, flashlight, flashlight holder.

Officers who complete the FTO program will be provided a one-time purchase of a uniform Carrier Vest (carries the ballistic vest outside the shirt, but within the carrier, and has pouches to carry various types of police equipment). The Carrier Vest must be an approved carrier vest (not to exceed $535 + tax). Officers are responsible for DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 14, Packet Page 115

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replacement of the Carrier Vest after initial purchase by Department.

Officers will be provided a ballistic bullet proof vest to wear under their uniform shirt or inside the uniform Carrier Vest. The ballistic vest will be replaced every 5 years.

Reimbursement is based on federal grant reimbursement.

Duty uniforms (shirts and pants) may be either 100% wool, a synthetic blend (such as polyester/rayon), or a blend of wool and synthetic material, as long as all such garments meet "LAPD specifications" related to material and color. All such garments shall also meet additional Department uniform specifications (e.g., brand, cut, badge tab, creases, pocket designs, shoulder epaulets, etc.) that may be required.

In addition to the above requirements, all sworn personnel shall maintain at least one Class A Uniform (shirt and pants) that is 100% wool.

SECTION 12 - CALL BACK COMPENSATION
Employees shall be entitled to call back compensation when they are summoned to work outside their regularly scheduled duty time. Unless an exception applies, if an employee is required to report for duty or any other required work assignment, the employee shall receive a minimum of four hours’ overtime or be compensated for the actual time worked, whichever is greater.

Exception 1: If the call back is within three hours of an employee's regularly scheduled duty start time they will be compensated for actual time worked.

Exception 2: If an employee has been given the option of fulfilling the duty requirement (e.g., training, semi-annual shoot, etc.) during their regularly scheduled duty time and opts to respond at another time that is outside their regularly scheduled duty time, they will not be entitled to the four-hour minimum, unless prior approval has been obtained from a supervisor.

Exception 3: If an employee attends and/or participates in a job related event that is outside their regularly scheduled duty time when their attendance and/or participation in such event is optional, they will not be entitled to the four-hour minimum, unless prior approval has been obtained from a supervisor. This exception shall not apply to optional overtime duty for special event staffing, for which the four-hour minimum call back compensation shall apply, provided no other exceptions are applicable.

Exception 4: If the call back requires a job related court appearance by an employee, they shall be compensated as specified in Section 18 of this MOU, Court Time Compensation.

Instances where call backs may occur include but are not limited to: 1) staffing DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 15, Packet Page 116

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shortages, 2) major criminal or accident investigation/staffing, 3) hostage and critical incident responses, 4) special event staffing, 5) physical agility testing, 6) range qualification, or 7) any other circumstance that would require an employee to report for duty outside their regularly scheduled duty time.

Employees shall be compensated in cash at the rate of 1½ times their regular rate of pay, or in lieu of pay, an employee may receive credit of compensatory time off at the rate of 1½ times the number of hours worked.

SECTION 13 - SPECIAL ASSIGNMENT DIFFERENTIAL PAY
A Special Assignment Differential Pay (“SADP”) is a 5% pay differential over base salary that is paid to an employee in the classification of Police Officer or Police Sergeant who is assigned to and meets eligibility requirements of performing positions that are identified as special duty assignments. SADP is provided for these positions because:
1) duties are substantively different from those of a Patrol Officer or a Patrol Sergeant; and 2) they require knowledge, skills and abilities distinct from those of a Patrol Officer or a Patrol Sergeant. For the purposes of this section, neither the Canine Officer positions nor the Field Training Officer (FTO) positions are considered Patrol Officers.

The following list of special assignments that shall receive the SADP:

OFFICERS
Canine Officer: Employees assigned to the Canine Program shall receive SADP due to the consistent and routine handling, training and boarding of a canine. Additionally, members serving as Canine Officers will be provided with nine hours per pay period (deduct nine hours from the normal schedule time) for time spent outside regularly scheduled hours.

Community Action Team (CAT): Employees assigned to the CAT shall receive SADP for Police Liaison Premium pay differential due to the routine work and function as a liaison between special persons and groups and the Police Department.

Field Training Officer (FTO): Employees assigned to the Field Training unit shall receive SADP for Training Premium pay differential due to the routine and consistent assignment of training employees.

School Resource Officer (SRO): Employees who are assigned as the SRO to a local school shall receive SADP for Juvenile Officer Premium due to the routine work and consistent assignment to enforce laws that are related to the activities of juveniles.

Traffic Officer: Employees assigned to ride police motorcycles as their primary assignment shall receive Motorcycle Patrol Premium SAPD due to the routine and consistent operation of a motorcycle.

DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 16, Packet Page 117

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Detective: Employees assigned to the Investigation Unit shall receive a 7.5% pay differential over their base pay due to the routine and consistent assignment of analyzing, investigating, and solving crimes or investigating accidents.

SERGEANTS
CAT Sergeant: Employees assigned to the CAT shall receive Police Liaison Premium SADP due to the routine work and function as a liaison between special persons and groups and the Police Department.

Traffic Sergeant: Employees assigned to ride police motorcycles as their primary assignment to the Traffic Unit shall receive Motorcycle Patrol Premium SADP due to the routine and consistent operation of a motorcycle.

Administrative (Training/Internal Affairs) Sergeant: Employees assigned as the Administrative (Training/Internal Affairs) Sergeant shall receive Police Administrative Sergeant differential SADP due to the routine and consistent administrative support, training, coordinator, and internal affairs investigations conducted in the operation of the police department.

FTO Sergeant: Employees assigned to the Field Training unit shall receive Training Premium SADP due to the routine and consistent assignment of training employees.

Detective Sergeant: Employees assigned to the Investigation Unit shall receive a 7.5% pay differential over their base pay due to the routine and consistent assignment of analyzing, investigating, and solving crime or investigating accidents.

Temporary "Light Duty Assignments" are not considered special duty assignments.

New special assignments, within the definition of this section, may be created by the Police Chief and authorized by the Police Chief with the approval of the City Manager.

SECTION 14 - SHIFT DIFFERENTIAL PAY
Employees assigned to the graveyard shift (9:30 p.m. to 7:30 a.m.), and in a pay status for the majority of the month, shall receive a 5.0% shift differential over base salary per month.

Employees assigned to the swing shift (4:30 p.m. to 2:30 a.m.), and in a pay status for the majority of the month, shall receive 2.5% shift differential over base salary per month.

SECTION 15 - BILINGUAL PAY
Employees shall have the opportunity to demonstrate foreign or sign language DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 17, Packet Page 118

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proficiency and subsequently be bilingual certified. An employee who receives such certification shall be eligible to receive compensation equal to 5% of his/her base monthly salary.

To maintain eligibility an employee must meet all of the requisite policy criteria, including but not limited to: 1) Target language must be approved by Police Chief, 2) Must demonstrate language proficiency through standardized testing, 3) Must be successfully re-certified every 36 months, and 4) Target language must continuously meet existing needs of department, City, and community.

SECTION 16 - POST ADVANCED CERTIFICATE PAY
Employees who possess a POST Advanced Certificate shall receive a five percent (5%) premium pay over base salary the pay period following the submission of an eligible Certificate or proof that Certification is complete.

SECTION 17 - STAND-BY COMPENSATION
Employees assigned as Detectives in the General Investigations unit shall be paid an additional $200 per week when assigned to stand-by in accordance with departmental procedures. Where an assignment is made for less than one week the allowance shall be pro-rated. Stand-by shall be defined as that circumstance which requires an employee who is not on duty and assigned by the department to:

A. Be ready to respond immediately to a call for service; B. Be readily available at all hours by telephone or other agreed upon communication equipment; and
C. Refrain from activities which might impair their assigned duties upon call.

SECTION 18 - COURT TIME COMPENSATION
When an employee is summoned to appear in court outside their regularly scheduled duty time and the court appearance is as a result of actions taken in their official capacity as a City of Monterey police officer, the employee shall receive a minimum of four hours’ overtime or be compensated for the actual time worked, whichever is greater. An exception shall be that if the court time is within three hours of the employee's regularly scheduled duty start time, they will be compensated for actual time worked.

If an employee appears in court on a regularly scheduled work day during a period when they have opted to utilize approved or noticed leave (i.e., vacation, comp. time, sick time, bereavement, etc.) for more than 1/2 their regular work shift, they shall receive the threehour minimum compensation. An employee who is on administrative leave as a result of a personnel investigation or disciplinary action shall not be entitled to the four-hour minimum.

DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 18, Packet Page 119

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Court time shall be compensated in cash at the rate of 1½ times their regular rate of pay, or in lieu of pay, an employee may receive credit of compensatory time off at the rate of 1½ times the number of hours worked.

SECTION 19 - OVERTIME, COMPENSATORY TIME OFF, HOLIDAY TIME, AND

SPECIAL SERVICES MINIMUMS
Overtime shall be defined as those hours authorized and worked by an employee who is eligible for overtime compensation in excess of eight (8) hours per day for an employee on a regular 5/8 hour work schedule; in excess of ten (10) hours per day for an employee on a 4/10 hour work schedule; or hours worked on an employee's regularly scheduled day off.

Employees shall be paid wages at the rate of 1½ times their regular rate of pay for the actual hours worked. In lieu of pay for overtime work, an employee may receive credit of compensatory time off (CTO) at the rate of 1½ times the actual hours worked.

Department pre-approval is required for all requests to use CTO. In no event shall an employee regularly assigned to a 4/10 schedule be authorized to use compensatory time if such will require overtime based on departmental staffing policy. CTO may be accumulated and utilized to an annual maximum of 160 hours; hours in excess will be paid sd earnings. CTO will be scheduled in accordance with established Police Department procedures for time off.

Overtime paid in wages and compensatory time will be paid in accordance with procedures established by the Finance Director.

On October 31 of each year, employees may either receive pay for unused CTO or maintain unused CTO as CTO leave. If an employee does not make a selection, the entire CTO balance as of October 31 will be paid as earnings on the second payday in November. In no case may an employee maintain more than 160 hours of accrued CTO in their leave bank.

Overtime minimums for the following activities that are contracted through the City are:

A. For special traffic control (including parades and commercial filming) and similar services, employees shall be guaranteed a minimum of four (4) hours.

B. For dances, private parties, special events and other similar services, employees shall be guaranteed a minimum of four (4) hours.

SECTION 20 - TRAINING TRAVEL TIME
Travel to normal, contemplated mandated training (e.g. POST or Department required training), as distinguished from elective, special, unusual, or unanticipated training, is not compensable (credited towards overtime) except to the extent it necessarily occurs DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 19, Packet Page 120

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during scheduled work time.

SECTION 21 - EDUCATION INCENTIVE PLANS

21.1 Education Incentive Plan (EIP)
Employees hired by the City prior to July 1, 1990, will continue to be eligible to participate in the Education Incentive Plan (EIP) as outlined in City Code Section 25-11.07 (Educational Incentive Plan). Employees hired by the City after July 1, 1990, will not be eligible to participate in the Education Incentive Plan as outlined in City Code Section 25-11.07.

21.2 Education Incentive Premium Pay (EIPP)
All employees who have completed their initial police officer probationary period may participate in the Department's Education Incentive Premium Pay (EIPP) program provided, however, that an employee may not participate in both EIP and EIPP.

Employees participating in EIPP may be eligible to receive two and a half (2.5) percent premium pay on base salary for an Associate's Degree, five (5) percent premium pay on base salary for a Baccalaureate, and a seven and a half (7.5) percent premium pay on base salary for a Master's Degree subject to the provisions of EIPP.

The City shall consider EIPP as part of base pay.

SECTION 22 - TUITION REIMBURSEMENT
Employees shall be entitled to Tuition Reimbursement pursuant to the City's Tuition Reimbursement Program at an amount of $2000 per year per employee. Tuition Reimbursement may be used for off duty educational classes, training courses, seminars, conferences, and other approved courses that are job related, and up to 30% of the annual amount may be used by an employee for room and board directly related to an approved course of study. The conditions of this reimbursement program shall be determined by the Department's Tuition Reimbursement Policy, and the coursework undertaken must have the prior written approval of the appropriate Division Commander or Police Chief.

SECTION 23 - VACATION AND SICK LEAVE
During the term of this agreement, vacation leave shall continue to accrue and be administered in accordance with the rules and regulations in existence at the time this agreement is implemented.

Vacation will not accrue in excess of 400 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 400 maximum allowed. Employees may be paid for DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 20, Packet Page 121

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vacation accrual in excess of 320 hours at the end of the calendar year in accordance with a procedure set by the Finance Director. Vacation accruals may be paid out as earnings upon separation from City employment.

Employees with more than 20 years of service shall accrue annual vacation leave at the rate of 23 days per year. ("Days" shall equal 8 hours, as it is currently reflected in the Personnel Rules.)
Sick leave shall continue to be accrued and subject to all other use rules and regulations which exist at the time this agreement is implemented.

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 a family member.

For purposes of this section, Family Member means children (biological, stepchildren, adopted, foster, legal wards, or a child to whom the employee stands in loco parentis), Parents (biological, adopted, step, foster, guardian, wards, or in-laws), Spouse, Domestic Partner registered with the State and submitted to Human Resources, Grandparent, Grandchild, Sibling.

The maximum allowable use of sick leave for the death of a family member (Bereavement Leave) shall not exceed 80 hours in any calendar year for a single family member.

SECTION 24 - SICK LEAVE/INDUSTRIAL DISABILITY RETIREMENT Upon either the approval of an application by a unit employee for industrial disability retirement, or upon the independent determination of the employer that an employee is industrially disabled, the employee shall not be entitled to use any remaining sick leave, and any remaining sick leave balance in the employee's account shall be cancelled.

This provision is intended to exercise the employer's rights under Government Code Section 21163. Incumbents in a class represented by the unit as of January 1, 1999 are not subject to this provision.

SECTION 25 - SICK LEAVE PAYOUT
Employees who retire on a regular non-disability retirement with a minimum of fifteen (15) years of sworn service, and up to twenty (20) years of sworn service shall be entitled to "sell back" (i.e. cash-out unused accruals) 25% of accrued sick leave at the rate of final base pay. Employees who retire on a regular non-disability retirement with twenty (20) or more years of sworn service shall be entitled to sell back 50% of accrued sick leave at the rate of final base pay. Sworn service must be with the City of Monterey. If an employee elects to utilize the provision of the PERS contract to obtain service credit for sick leave, such sick leave time cannot also be applied to the "sell back" provision DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 21, Packet Page 122

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under this section.

SECTION 26 - SICK LEAVE USED AS PERSONAL LEAVE
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 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.

SECTION 27 - MATERNITY AND PARENTAL LEAVE
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 Leave Act, California Family Rights Act (“CFRA”) and the Fair Employment and Housing Act.

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

SECTION 28 - VOLUNTARY UNPAID LEAVE TIME
Upon the approval of the Chief of Police or designee, employees may take unpaid time off (up to 80 hours per fiscal year) for specific circumstances, which would include if the request is for the purpose of improving the training of the employee for their position or career in City Service, if the request is for an extended illness for which paid leave is not available, or if the request is in the event of urgent personal affairs that requires the full attention of the employee.

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 29 - HOLIDAY SCHEDULE
Floating Holiday: The holiday schedule shall include one floating holiday per year.

Additionally, before the floating holiday can be taken by the employee, it must be approved by the Police Chief, or their designee, and cannot be granted if the time requested will require, in the Police Chief’s judgment, the use of other personnel in an overtime status.

Employees may rollover the floating holiday to the next fiscal year. There shall be no cash value for floating holidays. In no case shall an employee be allowed to accrue more DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 22, Packet Page 123

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than forty (40) hours of accrued floating holiday time.

If an employee is at the forty (40)-hour maximum accrual, in a pay period when an additional floating holidy 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.

Accrued Holiday: Employees may not accrue more than eighty (80) hours of “accrued holiday time.” “Accrued holiday time” will be compensated as described in Monterey City Code (MCC 25-11.06).

If an employee has reached the maximum accrued holiday time 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. Otherise, the holiday is paid out in accordance with City Code section 25-12.04(b)(3).

SECTION 30 - DEFINITION OF 4/10 PLAN AND UTILIZATION
4/10 Plan
For the term of this MOU and unless otherwise noted herein, employees assigned as patrol officers and patrol sergeants (including the Canine officer) shall work on the 4/10 Plan. Nothing in this agreement shall preclude the Police Chief, with the concurrence of the City Manager, from assigning employees to a different work week schedule in the event of an economic emergency declared by the City Council, reductions in the number of sworn personnel, and/or during periods of declared emergency.

Employees not covered by the above paragraph can be assigned to any schedule currently in use by the Department or an alternate schedule (e.g., a 5/8, 4/10, 9/80).

Employee preference will be considered however operational needs of the organization shall take precedence. The Chief of Police shall make the final determination regarding the appropriate work schedule for the respective assignment. Nothing in this section precludes the immediate altering of a duty assignment or changing of duty hours of any employee, if deemed necessary to assist in a temporary assignment or if needed for special duty, as defined by the Chief of Police.

The 4/10 schedule encompasses the following elements: The patrol division will utilize a modified 4/10 plan based on a seven-week cycle in which double-up days adjust ahead one day each week. Under this schedule, days off adjust ahead one day each week as well. The double up days are staggered for Watch 3; their work schedule is one week ahead of the other two watches and, thus, their double up day occurs one day earlier.

The staggered double up days are subject to consolidation to a single day each week at the discretion of the Chief of Police.

Utilization
Police officers assigned to Patrol shall bid for shift and platoon assignments based on DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 23, Packet Page 124

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seniority, with some exceptions, on an annual basis. Community Action Team, Traffic and Canine assignments shall be assigned at the discretion of the Chief of Police.

Prior to officers signing up for the shift bid, the patrol sergeants will be assigned.

Police officers shall, by September 30th of each year, sign up for their shift preferences for the following year on the sign-up roster established by the department.

Annual shift reassignments shall normally occur in the third week of January (usually the third Sunday) of each year. The specific date will be chosen and announced each year in order to correspond with schedule, payroll, and other relative concerns.

Shift Assignment Considerations
Seniority will be the basis by which most shift assignments will be made in any given year. All things being equal, seniority shall be the predominant determining factor.

Special circumstances can be brought forth from individual Police Association members or the Department's Administration. Those circumstances requiring further review will be shared with the Association President or their designee so that Police Association input can be garnered before any actions are taken. The Chief of Police shall make the final determination regarding those assignments involving special circumstances.

Field Training Officers
The Department's six Field Training Officers (FTOs) shall be assigned as follows:

At least one FTO will be assigned to each day shift team and each swing shift team (per platoon), with a maximum of two FTOs assigned to any given shift team per platoon and no more than three FTOs per platoon.

FTOs may bid for these assignments during the Department's annual shift reassignment process. FTO shift assignments will be made on the basis of seniority in the rank of police officer.

Probationary Police Officers
Probationary Police Officers will be assigned to shifts and platoons as determined by the Chief of Police. TProbationary Police Officers’ positions will be designated as "administrative assignments" prior to the shift bid.

Sergeants
Sergeants shall, by August 15th of each year, sign up for their first and second choice shift preferences for the following year on the sign-up roster form established by the Department. Seniority will be considered but will not be the overriding factor in determining assignment for sergeants. The intent is to provide sergeants opportunities to work each of the different shifts.

DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 24, Packet Page 125

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MPA MOU July 1, 2022 – June 30, 2024
Sergeants, regardless of seniority, shall be assigned to a different shift for at least one year (twelve consecutive months) if they have been assigned to the same shift for three consecutive years.

FTO Sergeants - at least (1) one FTO sergeant will be assigned to swing shift, the other FTO sergeant will be assigned to the opposite platoon on either swing shift or day shift.

The Chief of Police shall make the final determination regarding sergeant assignments.

Annual Publication of Shift Assignments
The Department will publish shift and platoon assignments for the upcoming year by November 1st.

Mid Year Shift Assignments
Generally, officers and sergeants reassigned to Patrol after the annual shift assignments have been published shall be assigned to the available vacancy at the discretion of the Chief of Police or their designee.

Shift Assignment Appeals
Shift assignments made by the Chief of Police or their designee may be appealed in writing to the Chief of Police whose decision is final.

Operational Needs
Nothing in this section shall prohibit the Department from changing personnel assignments to meet operational needs or during emergencies.

SECTION 31 - CHANGE OF SHIFT ASSIGNMENT
An effort will be made to provide a ten day notice to unit employees prior to a transfer from one assignment to another when the Police Department has sufficient prior knowledge that such a transfer will occur. Whenever temporary changes/modifications in a shift assignment are anticipated to facilitate the staffing of or participation in a special event, training session/course, or any other planned occurrence, whenever possible, unit employees will be provided a ten day notice. Nothing in this section shall prohibit the Police Department from changing an assignment to meet unforeseen operational requirements or emergencies.

SECTION 32 - NO SMOKING POLICY
The use of tobacco products is prohibited while on-duty and/or while in/on City premises.

SECTION 33 - PREPAID LEGAL SERVICES
The City will provide a Group Legal Services Plan for employees represented by the Association through an employee-paid premium. Participation in the program shall be DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 25, Packet Page 126

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MPA MOU July 1, 2022 – June 30, 2024
voluntary and consistent with the provider's requirements that the potential pool of participants must include a minimum of 200 employees.

SECTION 34 - FITNESS ACTIVTY PLAN
All Association members will be eligible to participate in a Fitness Activity Plan where they workout off-duty (not considered work time for purposes of Workers’ Compensation injury or illness) in exchange for leave time accrued in a fitness bank. (Need Attachment) Conditions for Qualifying:
 Employees are required to work out a minimum of 1170 minutes per quarter to accrue 10 hours of leave per quarter.
 A session is considered to be any moderate or higher intensity physical activity lasting a minimum of 15 minutes to a maximum of 60 minutes.  Only one workout per calendar day will be counted as a session.  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 10 hours of leave will be credited to the exercise incentive time bank as soon as practical and will be available for immediate use by the employee.
 Each calendar year a maximum of 40 hours can be accrued in a separate exercise incentive time bank, with a maximum of 80 hours allowed in this bank.

The exercise incentive time bank has no cash value and the time accrued in this bank has no expiration date.
 Leave time can only be used during those instances that do not require the expenditure of overtime or in lieu of vacation time for primary or secondary vacations.
 Participation is voluntary and for those electing to participate, and in order to participate, the employee must sign a waiver.
 An annual physical fitness assessment at the Monterey Sports Center, which can be used as a 30 minute workout session, will be offered. Individual results of the physical fitness assessment will be confidential between the Monterey Sports Center and the employee.

SECTION 35 - WELLNESS PROGRAM
Upon complying with Sports Center membership requirements, employees shall receive annual, renewable and nontransferable employee-only passes to the Monterey Sports Center in order to implement their personal fitness programs. The Internal Revenue Service views the employee membership as taxable income. These passes shall be subject to renewal by City and may be discontinued on an individual basis for failure to comply with the program procedures or upon separation from City employment. Use of DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 26, Packet Page 127

Page 23 of 26 ends

MPA MOU July 1, 2022 – June 30, 2024
the Sports Center will be limited to off-duty hours.

Employees may apply the dollar value of the employee-only pass to the Monterey Sports Center towards 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.

Every 12 months from the date of the purchase of the family pass, the employee shall be afforded the opportunity to make an election to continue crediting the value of the employee-only pass towards the family pass which shall be irrevocable for the next 12 months.

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.

Employees represented by the Association shall have available to them the full range of wellness services offered through the City's contract with the Employee Assistance Program provider.

SECTION 36 - DONNING AND DOFFING
Association members assigned to Patrol who, as part of their normal duty preparation, don and doff safety equipment (i.e. a ballistic vest) shall be given ten (10) minutes at the beginning and end of their shift to don/doff that equipment. Briefing for Watch 1 will begin at 0710 hours, for Watch 2 at 1640 hours and Watch 3 at 2140 hours. Officers will be permitted to begin doffing their uniforms ten (10) minutes prior to the end of their shift.

SECTION 37 - EMPLOYEE AND ORGANIZATIONAL RIGHTS
A. Dues Deductions
Membership dues of the Association and such other deductions as may be properly requested and lawfully permitted shall be deducted by the City from the salary of any employee as provided by the Association Remittance of the aggregate amount of all dues and other proper deductions made from the salaries of employees covered hereunder shall be made to the Association by the City as promptly as practical.

B. Bulletin Boards
The City will furnish, for the exclusive use of the Association, adequate space on DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 27, Packet Page 128

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MPA MOU July 1, 2022 – June 30, 2024
designated department bulletin boards as the exclusive location for postings. The board shall be used for the following subjects:

1. Information on Association elections, reports and notices.

2. Reports of official business of the Association, including reports of committees or the governing boards thereof.

3. Scheduled membership benefits, programs and promotions.

4. Any other written material pertaining to the official business of the Association.

C. Activities on City's Premises and Access
Organizing activities, membership campaigns, or dues collecting by the Association or their representatives on City premises or at work locations on duty hours shall not be permitted. Membership meetings on City premises or at work locations on duty hours shall be permitted, but only to the extent that adequate staffing levels are maintained on-duty and such will not interfere with departmental operations. Representatives of the Association shall be granted reasonable access to employee work locations to investigate matters relating to employer-employee relations if such investigation cannot be conducted elsewhere, unless such access to given work locations would constitute a safety hazard or would interfere with the operations of the City. Access to work locations may be regulated by the Police Chief so as not to constitute a safety hazard or to interfere with operations of the City.

D. Use of On-Duty Time
On-duty employees who are acting as representatives of the Association shall first receive permission from a member of the command staff before removing themselves from their duty station or activities. The command staff member may deny an on-duty employee permission to leave their duty station if the absence of the on-duty employee would disrupt the delivery of service.

On-duty employees who wish to meet with their representative shall first receive permission from a member of the command staff before leaving from the duty station or on-duty activities. The command staff member may deny an on-duty employee permission to be removed from their duty station if the absence of the on-duty employee would disrupt the delivery of service.

If the above mentioned time is denied, the on-duty employee shall be allowed reasonably necessary time to meet with his/her representative immediately prior to an interrogation that can be reasonably expected to result in the said employee being disciplined, provided such does not adversely impact an investigation. This paragraph shall be interpreted in a manner consistent with California Government Code section 3303, as may be amended.

DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 28, Packet Page 129

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MPA MOU July 1, 2022 – June 30, 2024
E. Supplies and Equipment
The use of City supplies and equipment shall be subject to reasonable departmental and City guidelines.

SECTION 38 - CITY RIGHTS
The parties recognize City rights as indicated in the City's Personnel Rules and Regulations.

SECTION 39 - PROVISIONS OF LAW
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 40 - FULL UNDERSTANDING, MODIFICATION AND WAIVER 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.

The City and the Association acknowledge that the Monterey Police Association did not voluntarily agree to the imposition of random drug testing or the fixed Friday 4/10 schedule change provisions in City Resolutions #99-08 and 99-106, but the parties acknowledge that employees represented by the Association continue to be subject to those provisions.

Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to negotiate with respect to any subject or matter covered herein, or with respect to any other matters within the scope of representation during the term of this agreement.

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 all parties.

In the event any new practice, subject or matter arises during the term of this agreement, that is within the scope of meet and confer, and an action is proposed by the City, the DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 29, Packet Page 130

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MPA MOU July 1, 2022 – June 30, 2024
Association shall be afforded all possible advance notice and shall have the right to meet and confer upon request. In the absence of an agreement on such a proposed action, the City reserves the right to take necessary action by management direction.

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, or 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.

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

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 MONTEREY POLICE ASSOCIATION
______________________________ _______________________________ Hans Uslar Date Dennis Wallach Date
City Manager Senior Labor Relations Consultant
______________________________ ______________________________ Brette Neal Date Lidio Soriano Date
Human Resources Director MPA President
______________________________
Gina Russo Date
Assistant Human Resources Director
DocuSign Envelope ID: 0412ADFE-068A-4755-8B2A-A59F97FE6708 6/20/2023 | 8:56 AM PDT
6/26/2023 | 7:56 AM PDT
6/14/2023 | 2:04 PM PDT
6/14/2023 | 6:01 PM PDT
6/16/2023 | 7:57 AM PDT

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 12., Item Page 30, Packet Page 131 Council
Agenda Report
FROM: Clementine Bonner Klein, City Clerk
SUBJECT: Receive Mayor’s Recommendation and Appoint Julie Tilley Barlow to the Historic Preservation Commission (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) RECOMMENDATION:

That the Council receive a recommendation from Mayor Williamson and appoint Julie Tilley Barlow to the vacant seat on the Historic Preservation Commission as outlined in the “Discussion” section of this report.

VALUE DRIVER:

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

POLICY IMPLICATIONS:

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

FISCAL IMPLICATIONS:

There are no fiscal implications with this action.

ENVIRONMENTAL DETERMINATION:

ALTERNATIVES CONSIDERED:

The Council could take no action or could make alternate appointments.

Date: 7/18/2023
Item No.: 13.

Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 1, Packet Page 132 DISCUSSION:

Background
Vacant seats on Monterey’s boards, commissions, and committees were duly advertised by the City Clerk’s Office pursuant to the California Maddy Act and the Council’s appointments policy, seeking qualified applications for the following vacancies, with priority review for those applications received by noon on Friday, June 30, 2023:

Disabled Access Appeals Board – one vacant seat (vacated in December, 2021 by the resignation of Kathleen White)
Historic Preservation Commission – one vacant seat (vacated effective July 2, 2023 by the resignation of Laurie Hambaro)
Neighborhood and Community Improvement Program (NCIP) Committee – vacant Alternate seats representing Aguajito Oaks, Alta Mesa, and Deer Flats neighborhoods (all three Alternate seats vacant for over six years)
The State of California Certified Local Government (CLG) program has specific membership requirements for local governments’ historic preservation commissions (Attachment 1). The six existing members of Monterey’s Historic Preservation Commission (“HPC”) meet CLG requirement “II A,” and members Collum, O’Neil, and Smith-Crivello additionally meet requirement “II B.” Therefore, Monterey’s HPC currently meets the CLG membership qualification that calls for at least two members to meet requirement “II B.” Qualified applications for the above-listed vacant positions were received from the following residents and are attached to this packet (Attachment 2). The City Clerk confirmed residency requirements using the GIS assessment database, and Principal Planner Roveri provided the analysis to determine applicants’ CLG categories listed as follows:

Historic Preservation Commission
Julie Tilley Barlow (CLG II B)
Chris Cobb (CLG II A)
Carolyn Garrison (CLG II A)
William Pyzel (CLG II A)
Recommendation
Mayor Williamson reviewed the applications seen in this packet and conducted interviews with each applicant above in accordance with Council policy and gave appropriate attention and time to the process that resulted in the following recommendation. Mayor Williamson is grateful that residents applied, and recommends that the Council make an appointment as follows:

Historic Preservation Commission
Julie Tilley Barlow – for a term expiring June 30, 2027 Next Steps
Seats remain available on the Disabled Access Appeals Board and Neighborhood and Community Improvement Program (NCIP) Committee. Applications will continue to be received on an ongoing basis for these roles until the vacancies are filled. Monterey residents are Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 2, Packet Page 133 encouraged to learn more and apply for these volunteer positions. Monterey residents interested in receiving notice of board and commission vacancies are encouraged to subscribe to the City’s “Boards and Commissions Interest List.”
CBK
Attachment: 1. CLG Requirements for Local Government Historic Preservation Commissions

2. Applications Received
e: Applicants
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 3, Packet Page 134 Requirements
(Excerpt from Appendix G, Certified Local Government Application and Procedures, August 1999, pp 41-47.)
Local governments may be certified to participate in the CLG program by complying with the following requirements:

I Enforce appropriate state or local legislation for the designation and protection of historic properties:

A. State enabling legislation provides for local jurisdictions to enact appropriate historic preservation legislation. California Government Code Sections 65850, 25373, and 37361 enable city and county legislative bodies to provide for “the protection, enhancement; perpetuation, or use of places, sites, buildings, structures, works of art, and other objects having a special character or special historical or aesthetic interest or value.” B. Local governments must adopt local historic preservation ordinances with provisions to enforce the designation and protection of historic and archeological resources.

C. The local legislation shall be consistent with the intent and purpose of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470).

D. The CLG will adopt a historic preservation plan or a historic preservation element for the local jurisdiction's General Plan, as authorized by the California Government Code, prior to or upon applying for a CLG grant.

E. The CLG commission will participate in the environmental review of specific federally sponsored projects, such as community development programs involving HUD Block Grant funds unless it is determined by OHP that the necessary expertise is not available to the local government. The CLG will establish programmatic agreements with the state agreeing to ensure compliance with Section 106 provisions of the NHPA.

F. The CLG commission will participate in the environment review of local projects in accordance with the requirements under the California Environmental Quality Act (CEQA). The commission may review and comment on permit actions affecting significant listed historic properties and other resources eligible for listing, in accordance with local ordinance requirements and with CEQA. Procedural guidelines should include standards for demolition stays, design review criteria, anti-neglect requirements, and appeal strategies.

II Establish an adequate and qualified historic preservation review commission by local law:

A. The commission shall include a minimum membership of five (5) individuals with all members having demonstrated interest, competence, or knowledge in historic preservation.

B. At least two (2) Commission members are encouraged to be appointed from among professionals in the disciplines of history, architecture, architectural ATTACHMENT 1
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 4, Packet Page 135 history, planning, pre-historic and historic archeology, folklore, cultural anthropology, curation, conservation, and landscape architecture or related disciplines, such as urban planning, American studies, American civilization, or cultural geography, to the extent that such professionals are available in the community. Commission membership may also include lay members who have demonstrated special interests, competence, experience, or knowledge in historic preservation.

C. A local government may be certified without the minimum number or types of disciplines established in state procedures if it can be demonstrated to the satisfaction of the state that it has made a reasonable effort to fill those positions, or that some alternative composition of the commission best meets the needs of the protection of historic properties in the local community.

D. Commission members shall be appointed by the chief elected local official, city council, or board of supervisors consistent with the provisions of the preservation ordinance. The appointing authority shall make interim appointments to fill unexpired terms in the event of vacancies occurring during the term of members of the commission. The appointing authority shall also act within sixty (60) days to fill a vacancy. Terms of office of the commission members shall be according to the local preservation ordinance.

E. The commission shall meet at least four times a year, with meetings held in a public place, advertised in advance, and open to the public, pursuant to the Ralph M. Brown Act (G.C. Section 54950 et seq.) for open meetings.

Written minutes of commission meetings shall be kept on file, available for public inspection, and submitted to the state as a part of the CLG Annual Report.

F. Each commission member is required to attend at least one informational or educational meeting, seminar, workshop, or conference per year that pertains directly to the work and functions of the commission and would be approvable by the state. The CLG Regional Workshops sponsored by the OHP are important sources of information. The annual State Historic Preservation Conference generally provides special sessions devoted to the issues, objectives, and responsibilities of commissions. Commissions may also bring in professionals to provide training on site.

G. An annual report of the activities of the commission shall be submitted to the state at the end of each calendar year. The reports shall include, but not be limited to, such information as narrative summary of accomplishments, summaries of new and corrected survey activities, number of properties designated under local ordinance in relation to inventory for community, summaries of National Register applications reviewed, summaries of historical contexts prepared, number of federal tax certifications reviewed, number of properties on which design review was held, number of properties on which environmental project reviews were conducted, property owners of Mills Act contracts approved, summarization of local preservation activities, list of local landmark designations, description of public education activities, lists of commission members and resumes, list of staff and resumes, detailed listing of commission and staff training received, commission attendance 2 ATTACHMENT 1
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 5, Packet Page 136 records, summary of changes in preservation laws, summary of adoption or updates of historic preservation plan or historic preservation element of your community's General Plan, commission meeting minutes and agendas, and other pertinent activities performed by the commission.

III Maintain a system for the survey and inventory of historic properties:

The CLG shall be responsible for organizing, developing, and administering an inventory of cultural resources within the entire spatial jurisdiction of the CLG.

A. The commission shall develop procedures for conducting an inventory of culture resources. Survey activities shall be coordinated with and complementary to the state program to ensure that survey results produced by the CLG will be readily integrated into the statewide comprehensive historic preservation planning process.

1. The CLG shall be responsible for overseeing the compiling, recording, and updating of inventory information on cultural resources within its jurisdiction. The information shall be based on comprehensive surveys conducted in conformance with state survey standards and procedures.

Surveys completed prior to the certification of a local government may be re-evaluated in accordance with state standards and may be submitted for inclusion in the State database.

2. As part of any ongoing survey effort, procedural requirements must allow for periodic update of survey results as buildings gain maturity and as new areas are incorporated or annexed by the CLG.

3. The commission must adopt state guidelines for conducting its inventory of historic properties. State-approved inventory forms (DPR-523, A-L) and the OHP's Instructions For Recording Historical Resources shall be used to facilitate integration into the state electronic data system and for statewide comprehensive historic preservation planning purposes. Dimitri software is available for the DPR 523 forms.

4. Standards for the evaluation of properties must be consistent with the National Register of Historic Places criteria.

A. The commission shall establish internal procedures to facilitate the use of survey results in the planning process by the CLG officials and departments.

The commission shall submit survey results to the local government for adoption, then forward to OHP. Copies of the survey should be on deposit at the local planning department, building and safety office, public works department, and redevelopment agency. Libraries, colleges, and historical societies should also receive copies. OHP will make copies available for the appropriate “California Historical Resources Information System” regional center. See IV(A)(2) below for public access requirements.

IV Provide for adequate public participation in the local historic preservation program:

A The CLG shall provide opportunities for public participation in all responsibilities delegated to the CLG, in accordance with appropriate regulations, standards, and guidelines.
3 ATTACHMENT 1
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 6, Packet Page 137

1. Public participation shall be fully encouraged at local commission meetings. Commission meetings shall be open to the public, with published agenda and minutes in accordance with the Ralph M. Brown Act (G.C. Section 54950 et seq.) for open meetings. The published agenda shall be mailed in advance of meetings to individuals and citizen organizations interested in the commission’s activities.

2. Public participation shall be fully encouraged in the performance of the historic survey program at all levels of responsibility to identify and inventory significant cultural resources in the jurisdiction of the CLG. The public can serve as volunteers to assist in the survey effort. Survey results shall be of public record and on file at a public institution, except in the case of sensitive resources, e.g., archeological sites subject to vandalism.

3. Public participation shall be fully encouraged in the nomination process for the National Register of Historic Places program. The CLG shall invite comments from the general public regarding National Register nominations.

4. Public participation shall be fully encouraged in all public hearings on projects related to CEQA and Section 106 processes.

V Satisfactorily perform the responsibilities delegated to the CLG:

A. The CLG shall prepare a comprehensive local historic preservation plan which would identify preservation missions, goals, and priorities. The plan would also establish preservation strategies, programs, and time schedules.

B. The CLG will participate in the review and comment on historic preservation certification applications for tax incentives. The CLG and state may establish procedures for implementation of the investment tax credit program at the local level in conformance with the Secretary of the Interior's Standards for Historic Preservation.

C. Each CLG must have a local historic preservation plan prior to or upon becoming a CLG before any additional grant applications will be considered.

The state shall monitor and evaluate the performance of the CLG for consistency with the identification, evaluation, and preservation priorities of the comprehensive state historic preservation planning process.

1. Annual Review of CLGs:

The State shall conduct an annual review of CLGs to assure that each government continues to meet the minimal requirements and is satisfactorily performing its responsibilities. As part of this review, the state shall examine the annual reports submitted by the CLGs, records of the administration of funds allocated from the HPF, and other documents as necessary. The CLG shall make these records available to the state.

A more thorough review and site visit to the Certified Local Government will occur at least once every three (3) years.

2. Procedures for Decertification:

If the state evaluation indicates that the CLG no longer meets the minimal requirements or that in any other way a CLG's performance is not 4 ATTACHMENT 1
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 7, Packet Page 138 satisfactory, the state shall document that assessment and recommend to the local government steps to bring its performance up to a satisfactory level. The CLG shall have a period of not less than 30 nor more than 180 days to implement improvements; If the state determines that sufficient improvement has not occurred, the state shall decertify the local government, citing specific reasons for the decertification. Performance shall be deemed unsatisfactory if one or more of the following conditions exist or is applicable: a) the commission fails to perform its delegated responsibilities within established time periods; b) the CLG fails to coordinate its responsibilities with the state; c) the commission substantially fails to maintain consistency of its design review decisions with the Secretary's Standards for Historic Preservation; d) the CLG fails to maintain a qualified historic preservation review commission membership; e) the CLG fails to enforce the provisions of the local preservation ordinance; f) the CLG fails to enforce its CEQA and Section 106 responsibilities; g) the CLG fails to adequately survey historical resources in its jurisdiction; and h) the CLG fails to comply adequately with proper fiscal management of HPF grants in accordance with the National Register Programs Guideline, OMB Circular A-128, and 43 CFR 12.

3. Decertification Appeal:

If the state recommends decertification, the local government may appeal to the NPS. The NPS has 45 days to respond to the appeal.

4. Decertification Without Prejudice:

CLGs may petition the OHP to be decertified voluntarily and without prejudice.

5. Financial Assistance Close-out:

The state shall conduct financial assistance close-out procedures pursuant to the National Register Program Guideline when a local government is decertified.

VI The CLG shall assume certain responsibilities for reviewing and recommending properties within its jurisdiction to the National Register of Historic Places.

A. The SHPO shall have the sole responsibility of nominating National Register properties directly to the Secretary of the Interior (Secretary).

B. The CLG shall establish local procedures for the National Register nomination process consistent with the requirements in the NHPA, Section 101(c)(2).

1. Before a property within the jurisdiction of a CLG may be considered by the state to be nominated to the National Register, the state shall notify the owner, the applicable chief elected local official, and the local historic preservation commission. The commission, after reasonable opportunity for public comment, shall prepare a report as to whether or not such property, in its opinion, meets the criteria of the National Register. Within sixty (60) days of notice from the state, the chief elected local official shall transmit the report of the commission and his/her recommendation to the state. After receipt of such report and recommendation, or if no such report and recommendation are received within sixty (60) days, the state 5 ATTACHMENT 1
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 8, Packet Page 139 shall process the National Register nomination. The state may expedite such process with the concurrence of the CLG.

2. If both the commission and the chief elected local official recommend that a property not be nominated to the National Register, the state shall take no further action, unless within thirty (30) days of the receipt of such recommendation by the state, an appeal is filed with the state. If such an appeal is filed, the state shall follow the procedure for making a nomination pursuant to Section 101(a). Any report and recommendations made under this section shall be included with any nomination submitted by the state to the Secretary.

VII By mutual written agreement with the local governing body, the state may delegate additional responsibilities to the CLG. Local governments may be certified to participate in specific program activities under Programmatic Agreements.

A. The CLG may develop educational programs promoting historic preservation at the local level such as, but not limited to, sponsorship of preservation workshops, publication of preservation information, organizing preservation fairs, conducting walking tours, preparing preservation curricula for schools, etc.

B. Commission members may act in an advisory capacity to other officials and departments within the local government and act as a liaison on behalf of the CLG to individuals and organizations concerned with historic preservation issues at the local level.

C. The CLG may participate in the Mills Act program or other economic incentive programs to provide property-tax relief for owners of historic properties.

D. The CLG may participate in the Marks Historical Rehabilitation Act for issuance of tax-exempt industrial development bonds, providing that the commission shall serve as a part of the required citizen advisory board.

E. The CLG may assume certain responsibilities of recommending National Register of Historic Places properties, identified in the CLG jurisdiction, directly to the State Historical Resources Commission.

F. By mutual written agreement with the local governing body, the state may delegate additional responsibilities to the CLG.
6 ATTACHMENT 1
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 9, Packet Page 140 (CONTINUED)

CITY OF MONTEREY APPLICATION

TO SERVE ON A BOARD, COMMITTEE, OR COMMISSION
Name:

Last Name First Name Middle Initial (optional)
Primary Phone Number: Alternate Phone:

Residential Address: Monterey, CA 93940*
Email Address:

Business Address: Business Phone:

Occupation:
* Monterey residence is required
Check the box next to all body(s) on which you are interested in serving. Note that appointments are not limited to body(s) checked.

APPEALS HEARING BOARD – meets as needed
The Appeals Hearing Board conducts hearings and appeals relating to administrative orders, denials, and suspensions; revocations of massage establishment permits; bidder responsibility determinations; fees, penalties, and other sums of money owed to the City; administrative abatement actions; and authorizes the imposition of liens, assessments, and other collection processes. Members: Three plus one alternate.

ARCHITECTURAL REVIEW COMMITTEE – meets 1st and 3
rd Wed. of ea. month at 4 p.m., plus field trips
The Architectural Review Committee (ARC) reviews projects to ensure orderly development and harmonious design; implements the General Plan and neighborhood plans; preserves and promotes the visual character of the City; and reviews and oversees architectural review submittal requirements. Members: Seven, at least one architect or person professionally competent in a field related to architecture.

BOARD OF LIBRARY TRUSTEES – meets 4th Thurs. of ea. month at 4 p.m.

The Board of Library Trustees manages the library’s collections; makes and enforces bylaws, rules and regulations for the library’s administration; appoints and removes the Library Director and other library personnel; performs additional duties as prescribed; and requests expenditures from the library trust fund. Members: Five.

BUILDING AND HOUSING APPEALS BOARD – meets as needed
The Building and Housing Appeals Board hears appeals of orders, decisions, or determinations relating to building, fire, plumbing, mechanical, and electrical codes, and authorizes imposition of liens, special assessments, and other collection processes. Members: Three plus one alternate, with experience and training relating to building construction, building trades, code enforcement, or building inspection.

DISABLED ACCESS APPEALS BOARD – meets as needed
The Disabled Access Appeals Board hears appeals of orders, decisions, or determinations relating to disabled access, and authorizes imposition of liens, assessments, and other collection processes. Members: Five, three with experience and training relating to building construction and/or disabled access regulations, and two of whom who are physically disabled.

HISTORIC PRESERVATION COMMISSION – meets 2nd Thurs. of ea. month at 4 p.m., plus field trips The Historic Preservation Commission (HPC) acts and makes recommendations on matters relating to promotion, restoration, preservation, and protection of Monterey’s historic buildings, sites, artifacts, and features; and adopts minimum submittal requirements for historic preservation review. Members: Seven.

DocuSign Envelope ID: 098A378F-93BB-4F68-A43C-278913F97473 Urban Planner (Principal Planner with SWCA)
X
T
95 3rd Street, Second Floor, San Francisco, CA 94103
Barlow Julie
ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 10, Packet Page 141 Name:
2 MEASURE P AND S OVERSIGHT COMMITTEE – meets quarterly The Measure P and S Oversight Committee reviews revenues generated by Street Infrastructure Rehabilitation Transactions and Use Tax, and expenditures of those revenues, and reports to the City Council. Members: Five.

MUSEUMS AND CULTURAL ARTS COMMISSION – meets 1
st Thurs. of ea. month at 4 p.m.

The Museums and Cultural Arts Commission serves in an advisory capacity to the City Council on matters relating to the City’s museums, Monterey history, and cultural arts. Members: Seven, representing a variety of history and cultural arts-related disciplines and activities.

NEIGHBORHOOD AND COMMUNITY IMPROVEMENT PROGRAM COMMITTEE – meets seasonally The Neighborhood and Community Improvement Program (NCIP) Committee directs tourist-generated dollars directly back into the City's residential neighborhoods by considering all submitted projects and recommending to Council which projects should be funded. Members: One representative and one alternate representing the following designated neighborhoods (check one; you must reside in the jurisdiction):
 Aguajito Oaks  Alta Mesa  Casanova-Oak Knoll  Deer Flats  Del Monte Beach  Del Monte Grove – Laguna Grande  Downtown  Fisherman Flats  Glenwood  Monterey Vista  New Monterey  Oak Grove  Old Town  Skyline  Villa Del Monte
PARKS AND RECREATION COMMISSION – meets 2nd Wed. of ea. month at 5:30 p.m.

The Parks and Recreation Commission (PRC) serves in an advisory capacity to the City Council on matters pertaining to the maintenance and development of the City's parks and recreation programs, and the Parks and Recreation Master Plan. Members: Seven.

PLANNING COMMISSION – meets 2nd and 4
th Tues. of ea. month at 4 p.m. and 7 p.m., plus field trips The Planning Commission implements the General Plan and specific and area plans; reviews the Capital Improvement and Neighborhood and Community Improvement Programs; develops community development programs; administers zoning and subdivision ordinances and recommends revisions to City Council; hears appeals on matters of development, zoning, and architectural review; and reviews and acts on applications for development approval, including use of land and buildings, height and bulk of buildings, open space regulations, parking requirements, etc. Members: Seven.

Please list in the following space your relevant education, work experience, public service and/or volunteer experience, and/or other experiences that would enhance your service and effectiveness on the body(s) for which you are applying. Feel free to attach additional sheets, a cover letter, resume, and/or additional pages to fully describe your qualifications and interest in this position.

DocuSign Envelope ID: 098A378F-93BB-4F68-A43C-278913F97473 JULIE BARLOW, Principal Planner
Ms. Barlow has over 20 years of experience in community planning and environmental analysis in the public and private sectors. She prepares all levels of environmental planning documents and is skilled in managing high-visibility projects and area plans. She is recognized for working efficiently with staff, clients, and consultants, and has a demonstrated ability to meet fast-track deadlines. Ms. Barlow has an in-depth understanding of the importance of clear communication with clients to tailor a project’s work program to meet its particular objectives.

Prior to joining SWCA, Ms. Barlow was the Senior Planner for the Town of Woodside. She was responsible for all planning applications and authored and managed Negative Declarations for historic resources and streambed alteration plans. She was the head of the Town’s stormwater pollution prevention program, and staff liaison to the Town’s Historic Preservation Committee.

EDUCATION:
-B.S., City and Regional Planning; California Polytechnic State University, San Luis Obispo -University of London, London, England (Study Abroad Program) -Czech University of Technology (CVT), Prague, Czech Republic (Architecture and Urban Planning Summer Design Program)

MEMBERSHIPS
Member, San Francisco Bay Area Planning and Urban Research Association (SPUR) Member, American Institute of Certified Planners
Member, American Planning Association
VOLUNTEER AND BOARD POSITIONS:

United States Peace Corps Volunteer, Czech Republic; San Carlos School Parent Volunteer; Rotary Club of Monterey Bay Passport; Association of Environmental Professions Board of Directors (Vice President of Programs and Membership Program)
Julie Tilley Barlow
ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 11, Packet Page 142 ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 12, Packet Page 143 ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 13, Packet Page 144

ACCEPTING APPLICATIONS FOR

BOARDS, COMMITTEES, AND

COMMISSIONS
Get involved and impact your community! The City of Monterey is accepting applications from Monterey residents to fill vacant seats on the following bodies on a rolling basis until seats are filled, with priority review given to applications
received by noon (12 p.m.) on Friday, June 30, 2023:

Historic Preservation Commission – One member
(new! upcoming vacancy effective July 2)
Disabled Access Appeals Board – One member
(ongoing vacancy)
Neighborhood and Community Improvement Program
(NCIP) Committee One alternate each for the following
neighborhoods Aguajito Oaks, Alta Mesa, and Deer Flats
(ongoing vacancies) Neighborhoods are shown in the
NCIP neighborhood map (PDF)
Position descriptions and requirements are noted on the application (links below). Mayor Williamson will review each qualified application and conduct interviews of the candidates prior to presenting his recommendations to the City Council for appointment.

Click to apply now online! (DocuSign)
ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 14, Packet Page 145 ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 15, Packet Page 146 ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 16, Packet Page 147 ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 17, Packet Page 148 ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 18, Packet Page 149 ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 19, Packet Page 150 ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 20, Packet Page 151 (CONTINUED)

CITY OF MONTEREY APPLICATION

TO SERVE ON A BOARD, COMMITTEE, OR COMMISSION
Name:

Last Name First Name Middle Initial (optional)
Primary Phone Number: Alternate Phone
Residential Address: Monterey, CA 93940*
Email Address:

Business Address: Business Phone:

Occupation:
* Monterey residence is required
Check the box next to all body(s) on which you are interested in serving. Note that appointments are not limited to body(s) checked.

BOARD OF LIBRARY TRUSTEES – meets 4th Thurs. of ea. month at 4 p.m.

DocuSign Envelope ID: A614BF5F-429B-43CF-8C3C-6299391EC417 Garrison
NA NA
Carolyn
X
Educator, retired attorney
ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 21, Packet Page 152 Name:
2 MEASURE P AND S OVERSIGHT COMMITTEE – meets quarterly The Measure P and S Oversight Committee reviews revenues generated by Street Infrastructure Rehabilitation Transactions and Use Tax, and expenditures of those revenues, and reports to the City Council. Members: Five.

MUSEUMS AND CULTURAL ARTS COMMISSION – meets 1
st Thurs. of ea. month at 4 p.m.

DocuSign Envelope ID: A614BF5F-429B-43CF-8C3C-6299391EC417 Dear Committee,
I am interested in serving on the Historic Preservation Commission.

I am a retired attorney. I am also a teacher of history (20 years). I grew up on the Peninsula and love this beautiful area I call home. I am also a lover of history.

I am very interested in keeping the integrity and authenticity of our beloved historic buildings of Monterey.

I am reliable, dedicated and efficient. I am polite, well-spoken and understand the dynamics of working as a team.I also understand the need to weigh private interest with those of the community.

Thank you for your consideration.

Kindly,
Carolyn Garrison
Carolyn Garrison
ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 22, Packet Page 153 ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 23, Packet Page 154 (CONTINUED)

CITY OF MONTEREY APPLICATION

TO SERVE ON A BOARD, COMMITTEE, OR COMMISSION
Name:

Last Name First Name Middle Initial (optional)
Primary Phone Number: Alternate Phone:

Residential Address: Monterey, CA 93940*
Email Address:

Business Address: Business Phone:

Occupation:
* Monterey residence is required
Check the box next to all body(s) on which you are interested in serving. Note that appointments are not limited to body(s) checked.

BOARD OF LIBRARY TRUSTEES – meets 4th Thurs. of ea. month at 4 p.m.

DocuSign Envelope ID: C79BE7FC-86BC-4390-A6FD-754E89EB4F76 X
Order Fulfillment
1590 Canyon Del Rey
Pyzel William D.

N/A
ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 24, Packet Page 155 Name:
2 MEASURE P AND S OVERSIGHT COMMITTEE – meets quarterly The Measure P and S Oversight Committee reviews revenues generated by Street Infrastructure Rehabilitation Transactions and Use Tax, and expenditures of those revenues, and reports to the City Council. Members: Five.

MUSEUMS AND CULTURAL ARTS COMMISSION – meets 1
st Thurs. of ea. month at 4 p.m.

DocuSign Envelope ID: C79BE7FC-86BC-4390-A6FD-754E89EB4F76 William Pyzel Community involvement is important to me, and I view volunteerism as a civic duty. I have been a Little League coach and league treasurer, church trustee, and mentor to high school students interested is science. I have been a pole worker for numerous elections and currently assist the Shoreline Community Church food pantry and Good Neighbor program, which does work for elderly and shut-ins in our community. I participate in beach and community clean-up events whenever possible.

I see Monterey's history as a feature that distinguishes it from other beach town in the state, and I see preserving it as an important element in maintaining the city's unique character.

Sincerely,
William D. Pyzel
ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 25, Packet Page 156 ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 13., Item Page 26, Packet Page 157 Council
Agenda Report
№07/19
FROM: Nat Rojanasathira, Assistant City Manager
SUBJECT: Authorize the Mayor to Sign a Letter on Behalf of the City Council supporting SB 326 (Eggman) Behavioral Health Services Act, and AB 531 (Irwin) Behavioral Health Infrastructure Bond Act of 2023 (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council authorize the Mayor to sign a letter on behalf of the City of Monterey supporting SB 326 (Eggman) Behavioral Health Services Act, and AB 531 (Irwin) Behavioral Health Infrastructure Bond Act of 2023. Both bills make a historic legislative package to transform the State of California’s Mental Health Services Act (MHSA) and passes an accompanying $4.86 billion bond measure that would build 10,000 new community behavioral health beds and housing to provide care to Californians of all ages with serious mental health and substance use disorders.

VALUE DRIVER:

POLICY IMPLICATIONS:

The City of Monterey advocates on behalf of the community’s interests at the regional, state, and federal level. The City Council weighs in on proposed legislation and ballot initiatives on an as-needed basis.

FISCAL IMPLICATIONS:

There are no costs to the City of Monterey incurred in connection with authorizing the Mayor to sign this letter.

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, Date: 7/18/2023
Item No.: 14.

Council Regular Meeting, 7/18/2023, Item No. 14., Item Page 1, Packet Page 158 this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The City could choose not to support this legislative package. This is not recommended, however, because this package focuses on housing with accountability and reform with results to help ensure Californians can access critical behavioral health services and find the type of housing for their needs in the community.

DISCUSSION:

Overview of the Proposed Legislative Package
On June 21, 2023, Governor Gavin Newsom, in partnership with Senator Susan Talamantes Eggman (D-Stockton) and Assemblymember Jacqui Irwin (D-Thousand Oaks) announced a legislative package reflecting the Governor’s historic Mental Health Services Act (MHSA) transformation and a new bond unveiled earlier this year in San Diego. According to the Governor’s Office, the transformative legislative package will focus on housing with accountability and reform with results to help ensure Californians can access critical behavioral health services, including housing and treatment for substance use disorders – making good on a decades-old promise by state leaders.

The two bills: SB 326 (Eggman) & AB 531 (Irwin) focus on five solutions to transform California’s behavioral health system through housing with accountability and reform with results:

1. Reforming key behavioral health care funding to provide services to the most seriously ill and to treat substance use disorders.

2. Building a workforce to reflect and connect with California’s diversity.

3. Focusing on outcomes, accountability, and equity.

4. Housing and behavioral health treatment in unlocked, community-based settings.

5. Housing for veterans with behavioral health challenges.

The text of SB 326 is available at this link:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB326 The text of AB 531 is available at this link:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB531 Combined, this legislative package will bring this transformation to all communities, all ages, all incomes, and cover mental health and substance use disorders as well as build out the State’s capacity to provide behavioral health care, housing, and good jobs for Californians – with strengthened accountability for results.

These reforms will complement and build upon California’s transformative behavioral health expansion and reform efforts under Governor Newsom’s Administration, including the creation of CARE Court, to provide a continuum of community care for all – from prevention and early intervention to outpatient, crisis, inpatient, and supportive care.

Council Regular Meeting, 7/18/2023, Item No. 14., Item Page 2, Packet Page 159 The two bills will work their way through the California Legislature in the coming months. The behavioral health legislative package will go to the voters for approval in March 2024, after consideration and approval by Legislature and Governor Newsom’s signature in 2023.

Information on the legislative package, including SB 326 and AB 531, is outlined in Governor Newsom’s Transformation of Behavioral Health Services information sheet (Attachment 2).

The League of California Cities currently supports in concept the suite of measures and is expected to consider formal support of this legislative package later this year.

NR
Attachments: 1. Draft Letter of Support

2. Information Sheet on Governor Newsom’s Transformation of Behavioral Health Services

3. League of California Cities, Letter in Support of Concept 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, 7/18/2023, Item No. 14., Item Page 3, Packet Page 160 ATTACHMENT 1
-----DRAFT----
July 18, 2023
The Honorable Susan Eggman
California State Senate
1021 O Street, Suite 8520
Sacramento, CA 95814
The Honorable Jacqui Irwin
California State Assembly
1021 O Street, Suite 6220
Sacramento, CA 95814
Sent electronically via e-mail
RE: Support- SB 326 (Eggman) Behavioral Health Services Act and AB 531 (Irwin) Behavioral Health Infrastructure Bond Act of 2023
Dear Senator Eggman and Assemblymember Irwin:

On behalf of the City of Monterey, I am writing in support of SB 326 and AB 531, your historic legislative package working with Governor Newsom to transform the Mental Health Services Act (MHSA) and pass an accompanying $4.86 billion bond measure to build 10,000 new community behavioral health beds and housing to provide care to Californians of all ages with serious mental health and substance use disorders.

One of the City of Monterey’s value drivers is to, “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.” Mental healthcare and addressing homelessness is a fundamental part of improving the quality of life of all our community members.

California is facing a confluence of crises - homelessness, serious mental illness, and substance use disorders - and this moment demands bold and comprehensive action. Among Californians experiencing homelessness, nearly 40,000 have a serious mental illness and over 36,000 have a chronic substance use disorder. A recent RAND study indicates the state has a shortage of at least 6,000 behavioral health beds. This lack of sufficient capacity leads not only to unnecessary long lengths of stays in locked settings and hospitals, but contributes to the Council Regular Meeting, 7/18/2023, Item No. 14., Item Page 4, Packet Page 161

Page 2 ends

Monterey City CouncilJuly 18, 2023

Monterey City Council
July 18, 2023