Council Chamber
580 Pacific Street
Monterey, California
Monterey City Council
Special Meeting Agenda
Council Special Meeting
Wednesday, September 27, 2023
4:00 PM
AMENDED
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
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PUBLIC HEARING
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2 correspondence delivered to the City at the time of or prior to the close of the public hearing. (Government Code section 65009(b).)
1. Adopt the Program Year 2022 Consolidated Annual Performance and Evaluation Report for Housing and Community Development Programs and Authorize Submission to the U.S. Department of Housing and Urban Development (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)-- Tabled at the meeting of September 19, 2023
PUBLIC APPEARANCE
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2. Adopt a City Council Policy on Governance (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
3. Receive Update on the 2023 City Staff Work Program (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
4. Provide Feedback and Direction on the 2024 City Council Workshop (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
ADJOURNMENT
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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.
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9/27/2023 4:00:00 PM
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Agenda Report
FROM: Kimberly Cole, AICP, Community Development Director SUBJECT: Adopt the Program Year 2022 Consolidated Annual Performance and Evaluation Report for Housing and Community Development Programs and Authorize Submission to the U.S. Department of Housing and Urban Development (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) -- Tabled at the meeting of September 19, 2023 RECOMMENDATION:
That the City Council adopt the Program Year 2022 (PY22) Consolidated Annual Performance and Evaluation Report (CAPER) for Housing and Community Development Programs; and, authorize submission to the U.S. Department of Housing and Urban Development (HUD).
VALUE DRIVERS:
Support efforts and policies that provide equitable access to affordable housing in Monterey and the region.
POLICY IMPLICATIONS:
The PY22 CAPER for Housing and Community Development Programs has been prepared according to HUD requirements. Submission of the CAPER to HUD is required for the City to receive Community Development Block Grant (CDBG) funds for the next program year. The activities summarized in the report were completed in PY22. All of the programs, activities and expenditures identified in this CAPER implemented programs previously approved in the City’s 2020-24 Consolidated Plan, PY22 Action Plan and the 2015-2023 Housing Element.
Submission of the CAPER to HUD documents compliance of the City’s housing and public service programs with HUD national objectives
FISCAL IMPLICATIONS:
In PY22, the City received a CDBG entitlement grant of $237,862 from the federal government.
The City matched the entitlement with $885,917.44 in program income, resulting from ground leases, loan payoffs, and the sale of property through the purchase and resale program.
In total, between the CDBG Entitlement Grant and CDBG Program Income, the City expended $1,123,779.44 in CDBG funding in PY22.
ENVIRONMENTAL DETERMINATION:
The City of Monterey staff determined that the proposed action, which is adopting the CAPER and authorizing submittal to HUD, is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section №08/22
Date: 9/27/2023
Item No.: 1.
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 1, Packet Page 4 15378(b)(5)) because the action reports out the City’s achievements for the past year. In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action is a report on PY21 CDBG-funded activities and this matter has no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
ALTERNATIVES CONSIDERED:
The City Council may elect to not approve the CAPER. However, this is not recommended as this is a requirement for receiving grant funds.
DISCUSSION:
HUD requires submission of a CAPER at the end of each program year for all City programs utilizing CDBG funds. The CAPER also includes information on Successor Housing funds and HOME funds that leverage CDBG funds to provide the City’s full range of low-income housing and community development activities. The CAPER specifically reports on how the City has used those funds in the previous program year to achieve compliance with HUD national objectives. HUD also requires that the CAPER report on the City’s progress in reaching the goals identified in the City’s Five-Year Consolidated Plan and Annual CDBG Action Plan. The period covered in the attached CAPER is for PY22 (July 1, 2022 through June 30, 2023).
Notice of the September 19, 2023 City Council Public Hearing for the draft CAPER was published in the Monterey Herald newspaper on September 3, 2023. On September 1, 2023, the draft CAPER was made available to the public on the City’s website. At the time of the preparation of this report, no public comments or questions on the CAPER have been received.
PY22 Accomplishment Overview
The PY22 CDBG projects and programs focused on the continued support of public services, improvements to public facilities, rehabilitation of non-profit-owned facilities that are used to provide services to the disadvantaged, preservation of existing affordable ownership units, and housing rehabilitation grants.
Public Service Grant Program Highlights:
11 agencies were funded with approximately $170,000. Public services were provided to approximately 1,980 low- and moderate-income households and individuals, including services for seniors, persons with disabilities, homeless persons, youth, and families.
Housing Preservation Highlights:
$120,420 distributed to low-income homeowners for health and safety rehabilitation grants and loans.
Rehabilitation and resale of three (3) affordable ownership units to low-income first-time homeowners.
Purchase of two (2) affordable unit for rehabilitation and resale in FY 23 Council Special Meeting, 9/27/2023, Item No. 1., Item Page 2, Packet Page 5 Planning and Administration Highlights:
In FY22, the Housing Office continued to negotiate with non-profit housing developers for the development of new affordable housing on City owned property. Through these negotiations, the City opted to enter into an Exclusive Negotiating Agreement with MidPen Housing for the development of 42 affordable housing units located behind City Hall between Madison Street, Van Buren Street, and Dutra Street.
The Housing Office also continued working on the update to the City’s General Plan Housing and Safety Elements. This work is being done in partnership with the Planning Office and will continue through December 31, 2023.
The Housing staff also monitored sub-recipients of PY 2022 funds to ensure compliance with HUD regulations.
Other key projects for PY22 include the following:
Management of Casa De Estrella low-income housing apartments. Monitored 500+ below market rate, deed restricted affordable rental and ownership housing units.
Staffing and overhead for overall administration of housing programs.
The PY22 CAPER is available for review at: www.monterey.org/housing and is attached as Exhibit A to the resolution.
In conclusion, staff recommends that the City Council conduct a public hearing, receive public comment, and adopt the PY22 CAPER for Housing and Community Development Programs; and, authorize submission to HUD.
Attachments: 1. Resolution with Exhibit
KC/GL
e: HUD, San Francisco Regional Office
Housing Outreach List
c: CDBG subject file
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 3, Packet Page 6 RESOLUTION NO. __-___ C.S.
A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
ADOPTING THE PROGRAM YEAR 2022 CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT FOR HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS
AND AUTHORIZING SUBMISSION TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WHEREAS, HUD requires submission of a CAPER at the end of each program year for all City programs utilizing CDBG funds;
WHEREAS, Notice of the September 27, 2023 City Council Public Hearing for the draft CAPER was published in the Monterey County Herald newspaper on September 23, 2023.
On September 1, 2023 the draft CAPER, attached as Exhibit A, was made available to the public on the City’s website;
WHEREAS, no written public comments were received;
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.
Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the 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 adopts the Program Year 2022 (PY22) Consolidated Annual Performance and Evaluation Report (CAPER) for Housing and Community Development Programs; and, authorize submission to the U.S. Department of Housing and Urban Development (HUD).
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 4, Packet Page 7 2 PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this 27th day of September, 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
ATTEST:
Mayor of said City
City Clerk thereof
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 5, Packet Page 8 Exhibit A
CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
City of Monterey
Community Development Department
Housing Office
City Hall -580 Pacific Street
Monterey California 93940
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 6, Packet Page 9 Exhibit A
CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
For Fiscal Year (FY) 2022-2023, the City of Monterey received a CDBG entitlement (EN) grant of $237,862. In addition, the City brought in $885,917.44 in Program Income (PI) through former Redevelopment Agency Housing Funds and the Revolving Loan Fund. With a total of $1,123,779.44 in resources available, the City was successful in meeting their timeliness test and has planned ongoing efforts to maintain timeliness in future years.
To support the Annual Action Plan as well as the 2020-2024 Consolidated Plan, the City successfully focused on a wide array of planned activities in the fourth year of the Consolidated Plan. The City continued to fund several public service agencies to support its goals and meet community and resident needs. These included Alliance on Aging, Community Human Services Casa De Noche Buena, Community Human Services Safe Place, County Appointed Special Advocates (CASA), ECHO Fair Housing Support Services, Food Bank of Monterey County, Gathering for Women, Interim, Inc., Josephine Kernes Memorial Pool, Legal Services for Seniors, and Meals on Wheels. Residents supported through these initiatives totaled 1,965 and targeted citywide populations including homeless individuals, disabled individuals, seniors, and LMI (low- and moderateincome) youth and families.
In FY 2022-2023, the City continued to fund home rehabilitation projects through its Housing Preservation Programs. These included the Mr. FixIt Grant which provided small grants to low-income households to make minor repairs, the Home Safety Grant which provided small grants to low-income households to make emergency health and safety repairs, and the Home Accessibility Grant which provided small grants to lowincome households to make accessibility improvements for disabled family members. Over FY 2022-2023, the City successfully administered rehabilitation projects for 13 low-income households through the Housing Preservation Program grants. Moreover, the Housing Preservation Program saw the rehabilitation of three (3) affordable ownership units to low-income first-time homeowners and the purchase of two (2) affordable units for rehabilitation and resale to occur in the following fiscal year.
Additionally, the City managed low-income housing apartments including Casa De Estrella; monitored approximately 500 market rate and deed resitrcited affordable rental and ownership housing units; and entered into an Exclusive Negotiating Agreement with MidPen Housing for the development of a 100% affordable housing project to feature 36 units behind City Hall between Madison Street, Van Buren Street, and Dutra Street.
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 7, Packet Page 10 Exhibit A
CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) The table (1) below provides the categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Creating
affordability
Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
CDBG: $ Other Other 230 100
43.48%
Economic
development
Non-Housing
Community
Development
Economic
development
CDBG: $ Businesses
assisted
Businesses
Assisted
100 0
0.00%
Housing
opportunities
Affordable
Housing
CDBG: $ /
SB 91 and
Federal
stimulus
dollars:
$1250000
Rental units
constructed
Household
Housing
Unit
50 0
0.00%
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 8, Packet Page 11 Exhibit A
CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Housing
opportunities
Affordable
Housing
CDBG: $ /
SB 91 and
Federal
stimulus
dollars:
$1250000
Rental units
rehabilitated
Household
Housing
Unit
13 0
0.00%
Housing
opportunities
Affordable
Housing
CDBG: $ /
SB 91 and
Federal
stimulus
dollars:
$1250000
Homeowner
Housing Added
Household
Housing
Unit
8 0
0.00%
Housing
opportunities
Affordable
Housing
CDBG: $ /
SB 91 and
Federal
stimulus
dollars:
$1250000
Homeowner
Housing
Rehabilitated
Household
Housing
Unit
45 19
42.22%
10 13 130%
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 9, Packet Page 12 Exhibit A
CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Program
administration
Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
Planning and
administration
CDBG: $
Public Facility or
Infrastructure
Activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
5655 0
0.00%
Program
administration
Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
Planning and
administration
CDBG: $
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
5655 3679
65.05%
1817 1965 108.14%
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 10, Packet Page 13 Exhibit A
CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Program
administration
Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
Planning and
administration
CDBG: $ Rental units
constructed
Household
Housing
Unit
50 0
0.00%
Program
administration
Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
Planning and
administration
CDBG: $ Rental units
rehabilitated
Household
Housing
Unit
13 0
0.00%
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 11, Packet Page 14 Exhibit A
CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Program
administration
Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
Planning and
administration
CDBG: $ Homeowner
Housing Added
Household
Housing
Unit
8 0
0.00%
Program
administration
Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
Planning and
administration
CDBG: $
Homeowner
Housing
Rehabilitated
Household
Housing
Unit
45 12
26.66%
10 6 60%
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 12, Packet Page 15 Exhibit A
CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Program
administration
Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
Planning and
administration
CDBG: $ Homelessness
Prevention
Persons
Assisted
1130 0
0.00%
Program
administration
Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
Planning and
administration
CDBG: $ Other Other 230 0
0.00%
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 13, Packet Page 16 Exhibit A
CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Public
Infrastructure
Non-Housing
Community
Development
CDBG: $
Public Facility or
Infrastructure
Activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
5000 0
0.00%
150
Suitable living
environment
Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
CDBG: $
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
5655 4186
74.02%
Suitable living
environment
Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
CDBG: $ Homelessness
Prevention
Persons
Assisted
1130 0
0.00%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date Council Special Meeting, 9/27/2023, Item No. 1., Item Page 14, Packet Page 17 Exhibit A
CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
The 2020-2024 Consolidated Plan concentrates on decent housing, a suitable living environment for low- and very low-income households, seniors, persons with special needs, and individuals experiencing homelessness, as well as programs for public facility improvements in low- and moderate-income (LMI) residential areas. Activities undertaken in FY 2022-2023 addressed priority goals set forth in the Consolidated Plan. For example, direct assistance was provided to low-income and homeless individuals through services such as case management, outreach, and varying forms of support. Moreover, rehabilitation assistance was provided to homeowners through various programs to address the goals of improving housing opportunities for low- and moderate-income level households and maintaining suitable living environments.
In FY 2022-2023, the City of Monterey continued to successfully provide support to LMI residents through CDBG funded activities. Examples include:
Funding to public service agencies providing direct services to homeless individuals, seniors, disabled individuals, and low-income individuals throughout the community;
Funding to low-income homeowners to assist with home repair, rehabilitation, and accessibility improvements; and Purchase and resale of housing units with the goal of preserving low-income homeownership opportunities in the City.
In FY 2022-2023, the City’s allocation of $172,000 in CDBG funds for public services, particularly public service agencies, resulted in the assistance of 1,965 Monterey residents.
Furthermore, the City began the process for the development of 36 new affordable housing units with MidPen Housing, a developer. The City entered into an Exclusive Negotiating Agreement for this project which will consist of 100% affordable housing for low-income residents on City leased-land that is behind City Hall.
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 15, Packet Page 18 Exhibit A
CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 1,396
Black or African American 115
Asian 170
American Indian or American Native 9
Native Hawaiian or Other Pacific Islander 25
Total 1,713
Hispanic 303
Not Hispanic 1,714
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
During FY 2022-2023, the City was successful in collecting demographic data for 2,017 persons served with CDBG funds. Table 2, above, shows a breakdown of families assisted by racial and ethnic identity.
The total served number that is reflected in Table 2 includes those assisted through home rehabilitation and public service agencies, but excludes five (5) racial beneficiaries, such as Other/Multi-Racial and Black/African American and White, all of which total 304 persons. In all, the total number of persons assisted was 2,017, 303 of which were Hispanic.
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 16, Packet Page 19 Exhibit A
CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 1,123,779.44 1,123,779.44
Other public - state 0 0
Table 3 - Resources Made Available
Narrative
As in recent years, the City was successful in expending enough funds to meet the Department of Housing and Urban Development’s (HUD) annual timeliness test in FY 2022-2023.
The City’s CDBG Program Income (PI) funds are leveraged with their CDBG entitlement:
1. Entitlement ($237,862)
2. Program Income ($885,917.44)
Together, the above funds equate to a total of $1,123,779.44 and provide the total budget for the City’s Community Development Housing Programs.
Identify the geographic distribution and location of investments Target Area Planned
Percentage of
Allocation
Actual
Percentage of
Allocation
Narrative Description
Citywide 100 100
Projects will benefit eligible City of
Monterey residents on a citywide
basis.
Delmonte -Laguna
Grande
El Estero
Historic Downtown
Van Buren Street
Lower Old Town
Table 4 – Identify the geographic distribution and location of investments Narrative
Across the City of Monterey, there are six (6) Census Block Group areas that qualify for low-mod area benefit. These Census Block Groups are: 125-02, 127-01, 120-02, 133-1, 133-03, and 133-04. CDBGfunded public improvements projects were directed to these areas. All other CDBG and housing fund activities were distributed city-wide.
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 17, Packet Page 20 Exhibit A
CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
The City allocated $100,000 of CDBG funds to various public infrastructure projects.
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 18, Packet Page 21 Exhibit A
CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
Leveraging additional local and state resources with the CDBG entitlement was a main focus in FY 2022- 2023. Building partnerships and providing CDBG funding to various public service agencies, such as Community Human Services (CHS), allows organizations to both remain operational and leverage their own resources with the ultimate goal of yielding higher capacity and additional services offered. For example, as the City continued to provide CDBG funding to CHS for their homeless outreach and emergency women’s shelter programs, the organization was able to establish a new homeless shelter, Shuman HeartHouse, which is set to open its doors to Monterey homeless women and families with children in Fall of 2023.
In FY 2022-2023, the City committed a total of $172,000 of CDBG funds to eleven (11) public service agencies. CDBG public service funds were leveraged significantly with local nonprofit agency funds. The various local organizations provided supportive services such as counseling, emergency shelter, homeless programs, programs for disabled individuals, senior programs, and other programs for lowincome Monterey residents. $168,868, or 98 percent, of these funds were spent, with nine (9) agencies spending 100% of allocated funding. The remaining two (2) agencies did not spend their whole allocation because they did not incur enough costs in providing services.
The Housing Authority of the County of Monterey (HACM) also provides a variety of services to Monterey city residents, including Housing Choice Vouchers, Public Housing, Farm Labor Housing, Tax Credit, and other affordable housing programs. HACM allocated 184 Housing Choice Vouchers for the City of Monterey in FY 2022-2023. In addition, HACM owns rental properties in the City, including Casanova Plaza at 800 Casanova Avenue (86 units for seniors and disabled persons), Oak Grove at 1100 Second Street (5 units), and Portola Vista at 20 Del Monte Avenue (64 units). Apartment units continued being offered at affordable rents to eligible families, seniors, and persons with disabilities.
HACM also provides clients with information about fair housing laws and helps with finding available rental units. Tenant-landlord counseling and investigation of discriminatory housing complaints is additionally available to City of Monterey residents who are clients of HACM. Moreover, HACM partners with a wide array of community nonprofit organizations, City and County agencies, and State organizations to address affordable housing and housing shortage issues facing the jurisdiciton.
In addition to the above, the City was also chosen to receive the Permanent Local Housing Allocation (PLHA) grant. PLHA is a formula grant to entitlement juridictions that is based on the formula used under federal law for CDBG. City Council authorized the use of PLHA funds to cover pre-development costs for the 100% affordable housing project behind City Hall. The City is continuing to search for new ways to leverage PLHA funds in future fiscal years.
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 19, Packet Page 22 Exhibit A
CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 10 3
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 10 3
Table 11 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 8 13
Number of households supported through
Acquisition of Existing Units 2 2
Total 10 15
Table 12 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
During FY 2022-2023, the City continued its housing rehabilitation programs through the provision of grants for eligible low-income homeowners. The City completed five (5) Mr. Fix-It Grant rehabilitation projects for minor repairs and improvement of overall housing quality. Thirteen (13) additional Mr. Fix-It projects are currently underway. The Home Safety Grant for emergency health and safety repairs was awarded to five (5) low-income homeowners, while the Home Accessibility Grant for accessibility improvements for disabled household members was awarded to three (3) homeowners. As portrayed in Council Special Meeting, 9/27/2023, Item No. 1., Item Page 20, Packet Page 23 Exhibit A
CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
Table 12 above, the City exceeded its goal for supporting homeowner households through rehabilitation projects.
In addition, the City rehabilitated and resold three (3) affordable ownership units to low-income firsttime homeowners. The City also purchased two (2) affordable housing units for rehabilitation and resale which will occur in the following Fiscal Year 2023-2024.
Discuss how these outcomes will impact future annual action plans.
There is a continued need for available housing units for extremely low, very low, and low-income households in the City of Monterey. As the City understands this importance, it continues to explore opportunities with regional public service providers, local nonprofit housing developers, and neighboring jurisdictions for the development of new housing units in the region.
The City began the process for the development of 42 new affordable housing units with MidPen Housing, a non-profit housing developer specializing in quality affordable housing. The City entered into an Exclusive Negotiating Agreement for this project which will consist of 100% affordable housing for low-income residents on City leased-land that is behind City Hall.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 1,194 0
Low-income 315 0
Moderate-income 385 0
Total 1,894 0
Table 13 – Number of Households Served
Narrative Information
CDBG funds were allocated for public services through eleven (11) local public service agencies, which in total served individuals including seniors, youth, persons with disabilities, homeless and households at risk of homelessness, and low-income households. Echo Fair Housing provided fair housing support services to low-income households in the City while Alliance on Aging provided tax assistance and ombudsman services and referrals to low-income seniors. Approximately 93% of those who received support from public service agencies through CDBG were extremely low to moderate income.
The City continued its Housing Preservation Programs which are dependent on determining household income based on family size. These homeowner housing rehabilitation activities included emergency housing repairs through the Home Safety Grant, minor housing repairs to improve overall housing quality through the Mr. Fix-It Grant, and home accessibility improvements for disabled household Council Special Meeting, 9/27/2023, Item No. 1., Item Page 21, Packet Page 24 Exhibit A
CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
members through the Home Accessibility Grant. Of the 13 households assisted through Housing Preservation Programs, all were low-income.
Moreover, the City’s Purchase and Resale Program provided opportunities for income qualified firsttime homebuyers to purchase deed restricted housing units and become homeowners. The City rehabilitated and resold three (3) affordable ownership units to low-income first-time homebuyers. In addition, the City also purchased two (2) affordable housing units for rehabilitation and resale, which will occur in the following Fiscal Year 2023-2024.
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 22, Packet Page 25 Exhibit A
CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The Monterey County Homeless Count and Survey is an all-hands effort that aims to collect then analyze and distribute Point-in-Time (PIT) count data on homelessness throughout Monterey County every two (2) years. Collection of data for the 2022 Monterey County Homeless Count and Survey occurred in January 2022 and is the only comprehensive sheltered and unsheltered reporting conducted since 2019, as data collection was halted as a result of the COVID-19 pandemic. Results show that the total homeless count in the County decreased from 2,422 in 2019 to 2,047 in 2022, an approximately 15% decrease. As for the City of Monterey itself, the total homeless count decreased from 204 in 2019 to 101 in 2022, an approximately 50% decrease. Of all jurisdictions in the County, the City of Monterey saw the largest decrease in homeless population between these years.
In 2019, the City conducted and published a Vulnerable Communities Needs Analysis. The report is a culmination of information from the community, including specific stakeholders, and demographic data about the City. In all, the ultimate purpose of the report was to identiy which public services are in highest demand and what unmet needs exist in relation to services and housing. Those experiencing or at risk of experiencing homelessness were identified as one of the two (2) most vulnerable populations in the community. Moreover, the report also identified that a large majority of people experiencing homelessness in the City were local residents prior to becoming homeless, rather than coming from outside the area. This can be attributed to increasing costs of living, along with an inadequate availability of affordable housing. Feedback from the public and service providers reflected a need for expanded housing and other services for the homeless, including physical and mental health care as well as emergency shelter.
In FY 2022-2023, the City continued to provide CDBG grants to community service organizations that serve homeless needs. This strategy has been an ongoing effort for the City to connect homeless individuals and families and those at risk of becoming homeless with needed services. Five (5) organizations were awarded CDBG grants of $20,000 each for the following services:
Community Human Services De Noche Buena: Emergency shelter serving single women and families with children;
Community Human Services Safe Place: Homeless outreach and support for homeless individuals and at-risk youth;
The Food Bank of Monterey County: Nutrition support to the homeless population; Gathering for Women: Case management and day-center services to assist homeless women; and
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 23, Packet Page 26 Exhibit A
CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
Interim, Inc.: Homeless services, emergency and temporary housing outreach, and case management for people with mental illnesses.
Addressing the emergency shelter and transitional housing needs of homeless persons The City of Monterey continued to allocate CDBG funds to community service organizations that provided direct services to homeless persons. Public services funding was provided to Community Human Services De Noche Buena for emergency shelter services serving single women and families with children and Interim, Inc. for emergency and temporary housing outreach. In addition, Gathering for Women, an organization serving homeless women and offering shelter referrals, was supported by the City as well.
As the City is committed to addressing the emergency shelter and transitional housing needs of the community’s homeless population, they will continue to coordinate with and maintain strong relationships with the community organizations. The City continues to search for new ways to assist its homeless population’s shelter and housing needs.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The Coalition of Homeless Services Providers is the lead agency for the Continuum of Care in the County of Monterey. The Coalition’s Leadership Council oversees the Lead Me Home Plan, which the City has participated in since 2013. Representatives from Monterey County Behavioral Services, Monterey County Social and Employment Services, and Natividad Hospital are additional participants in the Coalition’s plan for addressing homelessness. Lead Me Home is a 5-year plan (2021-2026) that aims to reduce homelessness through strategies of enhancing and formalizing existing processes to facilitate transition from institutions through the development of effective universal discharge policies.
Objectives and priorities for addressing homelessness in the County of Monterey were incorporated into the City’s Consolidated Plan and will continue to inform future Consolidated Plan goals as well as Annual Action Plan activities. The Coalition of Homeless Services Providers works in close coordination with the City’s CDBG subrecipients. Community Human Services’ Safe Place program provided homeless outreach and support to homeless persons and at-risk youth while their Casa De Noche Buena emergency shelter served women and families with children; Interim, Inc. provided homeless services including emergency and temporary housing outreach and case management for persons with mental illnesses; and Court Appointed Special Advocates (CASA) advocated for children in the foster care system. In addition, Interim Inc.’s Manzanita House provided short-term crisis services and emergency placement in Monterey’s Laguna Grande.
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 24, Packet Page 27 Exhibit A
CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
In FY 2022-2023, the City continued to allocate CDBG funds to serve organizations that assist the homeless population and those who are at-risk of becoming homeless. Interim, Inc. provided street outreach and intensive case management to 31 homeless individuals, 21 of which were newly outreached clients. The City also continued to support Community Human Services (CHS) with two (2) programs: the Safe Place program which provided homeless outreach and support to 107 homeless individuals and at-risk youth, and the Casa De Noche Buena emergency shelter which served 81 single women and families with children. Furthermore, the City also continued to support Gathering for Women which provided 235 homeless women with case management and day-center services.
In addition to the public service agencies discussed above, the City allocated CDBG funds to the Food Bank of Monterey County, Legal Services for Seniors, Meals on Wheels for seniors and disabled persons, Alliance on Aging for low-income senior tax assistance, Josephine Kernes Memorial Pool therapy program from low-income seniors and disabled persons, Court Appointed Special Advocates for children in foster care, and ECHO Fair Housing Support Services for low-income households. Supportive services provided by each of these organizations helps the City’s low-income population by improving quality of life and meeting needs.
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 25, Packet Page 28 Exhibit A
CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City consults with the Housing Authority of the County of Monterey (HACM) when creating the Consolidated Plan and the Strategic Plan. The Housing Authority of the County of Monterey (HACM), a public agency, provides rental assistance and develops and manages affordable housing projects throughout Monterey County. There are approximately 155 public housing units within the City of Monterey. HACM also administers the Housing Choice Voucher Program (HCV), a rental subsidy program for lower income (up to 50 percent AMI) families and seniors. Of the 3,235 HCVs in use in the County, 184 are allocated for the City of Monterey. The City will continue to coordinate with HACM as the regional housing authority and public housing provider whenever and wherever possible in future fiscal years.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
HACM promotes sufficiency and asset development of resident families and individuals by encouraging participants in the HCV program to sign up for the Family Self-Sufficiency program and the POWER project. HACM also assists families who are able to become homeowners by utilizing various options including Section 8 vouchers and working with the communities to provide down payment assistance to clients. These programs continued in FY2021.
Actions taken to provide assistance to troubled PHAs
The Housing Authority of the County of Monterey is not currently troubled, nor has it been in recent years.
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 26, Packet Page 29 Exhibit A
CAPER 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The 2020-2024 Consolidated Plan identifies housing costs and affordability as the most significant housing problems facing the City of Monterey. Households earning below 80 percent of Monterey’s AMI are most impacted by the lack of affordable rental and ownership housing units. While market rate rental units in the City are generally affordable for moderate-income households up to 20 percent of AMI, the supply of housing is generally limited. Simultaneously, the inventory of very-low and lowincome units in the City is not sufficient enough to meet resident needs. Even more so, the lack of available water and land leaves the development of new units as extremely limited.
Housing is classified as ‘affordable’ if households do not pay more than 30 percent of their annual income on rent or mortgage. Otherwise, if a household is paying more than 30 percent of their annual income on rent or mortgage, they are classified as ‘housing burdened.’ Both Census and survey data highlight that a high percentage of low-income and below households in the City of Monterey experience housing costs at 30 percent or greater of their household income. Coupled with the number of homeless individuals and families in the City, there is an evident need for housing units that are affordable to extremely low-income households. In the fourth year of the Consolidated Plan, the City is consistently exploring funding strategies that can be utilized to develop new availability of extremely low, very low, and low-income rental units.
As the 2013-2023 Housing Element comes to a close, the City announced the planned development of Monterey 2031 - a project and process for development of the General Plan Update. Residents were invited to collaborate with the City to create this new blueprint of development. Critical issues to be addressed include the problem of housing supply and affordability. As the City develops future plans for goals, policies, and programs, they continue to focus on removing and ameliorating negative effects that policies may have on affordable housing throughout the community.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) In FY 2022-2023, the City continued to support the Van Buren Senior Housing project (developed on City-owned land), the Monterey Hotel Apartments (solely funded with former Redevelopment Agency housing funds), and the Estrella Apartments (funded by HOME grant). These three (3) projects provide affordable housing to low- to moderate-income households and were identified as high priorities in the 2020-2024 Consolidated Plan. In the fourth year of the Consolidated Plan, the City continues to address the goal of improving housing opportunities for low- and moderate-income levels. For example, the City is in the early stages of developing a new 100% affordable housing project on City-leased land located behind City Hall. Through negotiations with nonprofit housing developers, the process has started with Council Special Meeting, 9/27/2023, Item No. 1., Item Page 27, Packet Page 30 Exhibit A
CAPER 23
OMB Control No: 2506-0117 (exp. 09/30/2021)
MidPen Housing, and is an effort to reduce obstacles to affordable housing for the City’s low-income residents.
As stated throughout this report, the City provided grants through CDBG to public service organizations all of which provide important support services to low-income populations in order to boost quality of life for populations served. Several organizations provided with CDBG funds in FY 2022-2023 include the Food Bank of Monterey County, Legal Services for Seniors, Meals on Wheels for seniors and disabled persons, Alliance on Aging for low-income senior tax services, Josephine Kernes Memorial Pool for lowincome senior and disabled persons therapy, and ECHO Fair Housing for low-income household supportive services.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The City of Monterey’s Housing Office administers and manages a Housing Rehabilitation Program which is funded through CDBG and includes three (3) available grants offered to low-income households. The Mr. Fix-It Grant assists homeowners with home maintenance through minor repairs that improve overall housing quality, the Home Safety Grant assists homeowners with emergency health and safety repairs to meet code, and the Home Accessibility Grant assists homeowners with installation of accessibility features for disabled household members. The City actively promotes these grants to low-income households and each rehabilitation project is tested for lead-based paint. If lead-based paint is discovered, the City utilizes allocated CDBG funds to abate the hazard. In FY 2022-2023, the City assisted 13 low-income households through these CDBG-funded housing rehabilitation projects. In future fiscal years, the City will continue to allocate CDBG funding for the Mr. Fix-It, Home Safety, and Home Accessibility grant programs.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) Through CDBG grant allocations in FY 2022-2023, the City provided funding to public service organizations for important supportive services to homeless and low-income populations and allocated funding to their own programs. Programs, services, and organizations included the following:
Alliance on Aging – Tax assistance and ombudsman services for low-income seniors in need; Food Bank of Monterey – Food donations;
Gathering for Women – Case management and day-center services for homeless women; Interim, Inc – Homeless services, emergency and temporary housing, and case management for persons with mental illnesses;
Josephine Kernes Memorial Pool – Exercise and therapy for seniors and disabled persons; Legal Services for Seniors – Legal advocacy and support for seniors in need; Meals on Wheels – Meal delivery to homebound seniors and disabled persons; ECHO Fair Housing Supportive Services – Fair housing support to low-income households; Court Appointed Special Advocates (CASA) – Program advocating for children in foster care; Council Special Meeting, 9/27/2023, Item No. 1., Item Page 28, Packet Page 31 Exhibit A
CAPER 24
OMB Control No: 2506-0117 (exp. 09/30/2021)
Community Human Services Safe Place – Homeless and at-risk youth outreach and support; Community Human Services Casa De Noche Buena – Emergency shelter for single women and families with children;
Housing Preservation Programs – Housing rehabilitation for low-income homeowner households; and
Acquisition and rehabilitation of ownership units for resale to low-income first-time homebuyers.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) Since 2013, the City has been participating in the Coalition of Homeless Services Providers (lead agency for the County of Monterey’s Continuum of Care) Leadership Council’s oversight of the Lead Me Home plan. In addition, the Coalition coordinates activities to address homelessness with Monterey County Behavioral Services, Monterey County Social and Employment Services, and Natividad Hospital. Lead Me Home is a 5-year plan (2021-2026) that aims to reduce homelessness through strategies of enhancing and formalizing existing processes to facilitate transition from institutions through the development of effective universal discharge policies. Objectives and priorities for addressing homelessness in the County of Monterey were incorporated into the City’s Consolidated Plan and will continue to inform future Consolidated Plan goals as well as Annual Action Plan activities.
As the Coalition works in close coordination with the City of Monterey’s CDBG subrecipients, the City remains in regular contact and coordination with providers in the region. Furthermore, the City also consults with the Housing Authority of the County of Monterey (HACM) and with Eden Council for Hope and Opportunity, both of which are regional agencies.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City continues to work with various public service agencies that provide strategic and crucial services to City residents, such as outreach and education regarding affordable housing and housing placement. In FY 2022-2023, the City aimed to maintain and strengthen its relationships with these public service agencies and is consistently searching for new avenues to bolster these established relationships and develop new ones as well.
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) In 2019, a regional Analysis of Impediments to Fair Housing Choice was conducted in Monterey County.
Impediments identified in the report included inequality in lending, lack of access to opportunity (especially in transportation and job proximity), lack of necessary zoning for housing types, need for affordable housing to the cost-burdened, and the potential for housing discrimination. As such, the development of strategies to remove impediments to fair housing was completed prior to the 2020- 2024 Consolidated Plan process.
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 29, Packet Page 32 Exhibit A
CAPER 25
OMB Control No: 2506-0117 (exp. 09/30/2021)
Moreover, an additional report published prior to the 2019 analysis had identified inadequate analysis of lending practices as well as a lack of initiatives to promote fair housing. To diminish these obstacles, the City has continued to partner with Eden Council for Hope and Opportunity, an organization that provides fair housing education and counseling to the community. In 2018, the City participated in four (4) community workshops to learn about the public’s experiences with housing discrimination and housing placement. The previous analysis had also identified barriers in addressing lead-based paint in older homes, which the City has combatted through its Housing Rehabilitation Programs. These programs are CDBG-funded housing rehabilitation projects for which the City tests for and abates leadbased paint as part of the overall program process.
While there is a need for expanded affordable housing unit availiability, it is difficult to develop in the City due to a lack of water resources and available land. As a result, the City has continued to address barriers to Section 8 vouchers. Working with the Housing Authority of the City of Monterey (HACM), the City initiated strategies to develop effective outreach to both City residents and landlords, including a Section 8 Marketing Packet that features rental units and is delivered to landlords. Furthermore, the need for expanded affordable housing is addressed by the City through the Inclusionary Ordinance which features policies regarding moderate- and low-income housing, such as the requirement that moderate- to low-income housing shall remain affordable to moderate- to low-income households or shall be replaced with additional moderate- to low-income housing. The City continues working on the Inclusionary Ordinance to include new incentives that encourage the development of larger units.
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 30, Packet Page 33 Exhibit A
CAPER 26
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
In FY 2022-2023, the City conducted monitoring of all CDBG subrecipient public service agencies and identified no findings. The City of Monterey has the following seven-step monitoring process for its subrecipients:
1. Risk Analysis for 100% of subrecipients,
2. Pre-monitoring questionnaire for 100% of subrecipients,
3. Desk Review for subrecipients with a high score on the risk analysis or pre-monitoring questionnaire,
4. Request for site visit,
5. On-Site visit to review grant documentation and procedures,
6. Monitoring letter sent with recommendations, findings, and next steps, and
7. Intervention for subrecipients that do not respond or fail to make corrective actions.
The City also conducted unit inspections for 13 housing properties. 29 inidivudal units were inspected between May and June of 2023, at locations including Casanova Plaza, El Estero Senior Housing, Pearl Street, Casa De La Estrella, El Cuartel Nuevo, Portola Vista Apartments, Casa De Robles, Oak Grove, Lighthouse, Monterey Hotel Apartments, Osio Plaza Apartments, Skyline Terrace, and Wave Street Apartments.
In addition, the City follows all HUD-approved procurement guidelines and tracks both Section 3 as well as MBE/WBE participation in all federally funded public contracts. As part of the Home Repair Grants Program, the City regularly contracts minority business owners. The City also participates in regional planning efforts to ensure comprehensive planning, including the regional Assessment of Fair Housing in partnership with other jurisdictions across the County of Monterey.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
The City of Monterey published notice of the FY 2022-2023 CAPER public hearing on August 30, 2023 and September 23, 2023. The public comment period began on September 1, 2023, and closed on September 27, 2023. The City Council conducted the public hearing on September 27, 2023.
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 31, Packet Page 34 Exhibit A
CAPER 27
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
Goals and priorities that were specified in the 2020-2024 Consolidated Plan guided the City’s Annual Action Plan activities. No changes were made to the 2022-2023 Annual Action Plan. The City continued to prioritize the successful completion of the Timeliness Spending Plan according to an established internal process and long-range plans that help maintain timeliness while meeting other CDBG program objectives.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No.
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Not applicable.
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 32, Packet Page 35 Exhibit A
CAPER 28
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 0 0 0 0 0
Total Labor Hours 0
Total Section 3 Worker Hours 0
Total Targeted Section 3 Worker Hours 0
Table 15 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers
Outreach efforts to generate job applicants who are Other Funding Targeted Workers.
Direct, on-the job training (including apprenticeships).
Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.
Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
Outreach efforts to identify and secure bids from Section 3 business concerns.
Technical assistance to help Section 3 business concerns understand and bid on contracts.
Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.
Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services.
Held one or more job fairs.
Provided or connected residents with supportive services that can provide direct services or referrals.
Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation.
Assisted residents with finding child care.
Assisted residents to apply for, or attend community college or a four year educational institution.
Assisted residents to apply for, or attend vocational/technical training.
Assisted residents to obtain financial literacy training and/or coaching.
Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
Provided or connected residents with training on computer use or online technologies.
Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses.
Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.
Other.
Table 16 – Qualitative Efforts - Number of Activities by Program Council Special Meeting, 9/27/2023, Item No. 1., Item Page 33, Packet Page 36 Exhibit A
CAPER 29
OMB Control No: 2506-0117 (exp. 09/30/2021)
Narrative
The City did not have any activities during the 2022-2023 Fiscal Year that met the Section 3 requirements.
Council Special Meeting, 9/27/2023, Item No. 1., Item Page 34, Packet Page 37 Council
Agenda Report
№08/22
FROM: Hans Uslar, City Manager
Nat Rojanasathira, Assistant City Manager
Clementine Bonner Klein, City Clerk
SUBJECT: Adopt a City Council Policy on Governance (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) RECOMMENDATION:
That the City Council review current policies on governance topics, provide direction to staff on any desired revisions, and adopt a resolution approving the Council Policy on Governance.
VALUE DRIVERS:
Foster a local government that is transparent and collaborative; and solicits, welcomes, and appreciates input from all.
POLICY IMPLICATIONS:
It is appropriate for the Council to review its policies regularly to ensure their relevance.
FISCAL IMPLICATIONS:
There is no fiscal impact associated with discussing or providing guidance on Council policies.
ENVIRONMENTAL DETERMINATION:
The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
ALTERNATIVES CONSIDERED:
The Council could choose not to discuss governance policies.
Date: 9/27/2023
Item No.: 2.
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 1, Packet Page 38 DISCUSSION:
Background
City Councils have the authority, within certain parameters, to set processes and procedures on how they would like to conduct business. These processes are commonly known as ‘Governance’ topics.
Governance policies were agendized and discussed at the August 15, 2023 City Council meeting. Policy direction was given by the Council, and has been incorporated into the attached policy document (Draft Resolution, Exhibit A, with tracked changes), on the following matters:
1. Agendizing of Council Items by Individual Councilmembers
2. Appointing Members to Boards, Commissions, and Committees
3. Councilmember Participation at Conferences, Trainings, and Events
4. Letterhead Use by Councilmembers
5. Strategic Planning and the City Staff Work Program
6. City Manager and City Attorney Annual Performance Evaluation The remaining matters, listed as follows, were tabled:
7. Reconsideration Policy
8. Councilmember Interactions with Labor Unions When Negotiations are Pending
9. Ex Parte Contacts in Quasi-Judicial Proceedings
The following item has been recently added:
10. Meeting Management: including Public Comments on Zoom, Public Comments for Items Not on the Agenda, City Council Comments Recommendation
It is recommended that the Council discuss and provide direction, in the following order, to City staff on the following remaining governance policy items, which are broken down into specific potential discussion points with policy/practice details when applicable.
7. Reconsideration Policy
a. The City’s policy regarding reconsideration of previous decisions, adopted in 2002, reads: “Any Councilmember who voted with the majority may move for reconsideration of any action at the same meeting or at the next regular meeting.
Any request for reconsideration at the next meeting must be made in writing, must set forth the reasons for the request, and be received by the City Clerk before the Agenda deadline for the next schedule[d] meeting to ensure Brown Act compliance.” Under this process, a motion to reconsider is agendized for the meeting following the meeting in which the decision was made. If the motion for reconsideration is granted, the item returns on a later date after publishing and mailing of notices, as may be applicable.
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 2, Packet Page 39 b. Staff recommends that the City follows Rosenberg’s Rules of Order for reconsideration motions, which states that a motion to reconsider requires a majority vote to pass, the motion must be made at the meeting where the item was first voted upon, and a motion may be made only by a member who voted in the majority on the original motion (see Attachment 2, Rosenberg’s Rules of Order, pg. 6). This recommendation is based on the interests of finality and conservation of City resources. From a practical standpoint, some decisions cannot be undone if they have already been carried out (e.g., contract execution, completed purchase.)
8. Councilmember Interactions with Labor Unions When Negotiations are Pending a. For this governance item, staff will facilitate a discussion regarding potential conflicts and issues related to councilmember interactions with labor unions when negotiations are pending.
Elected officials can choose to meet with unions; however, meeting with represented employees without their union representative can give rise to claims of unlawful “direct dealing,” which is an unfair labor practice. The City Council could consider a disclosure requirement where, during closed session meetings, a city council member discloses communications with any union representatives regarding the subject of a pending negotiation.
9. Ex Parte Contacts in Quasi-Judicial Proceedings
a. Existing Policy reads: “Councilmembers should avoid taking positions on issues that may come before them in their quasi-judicial capacity, until they have heard all the evidence and arguments at the public hearing on the issue.” It is the practice of the City Council to disclose ex parte contacts in quasi-judicial hearings at the start of the public hearing.
b. Staff will facilitate a discussion regarding legal concerns and fair procedures when there may be ex parte communications between councilmembers and certain parties prior to or a hearing or proceeding. Attachment 5, The Limits and Disclosure Requirements of Ex Parte Contacts in the Public Hearing Context, provides background and examples of other cities’ policies.
10. Meeting Management: Public Comments on Zoom
The City Council is being asked to consider whether it intends to continue allowing the public to comment via Zoom and telephone or return to the pre-pandemic practice of only allowing public comment in person.
Hate Speech on Zoom During Public Comment Period
During public comments at the September 19, 2023 City Council meeting, a coordinated verbal attack was conducted via Zoom by individuals who joined the meeting in bad faith and espoused racist and antisemitic views, and used abhorrent hate speech and profanity.
City staff believe this was one of dozens of coordinated attacks in recent weeks by Council Special Meeting, 9/27/2023, Item No. 2., Item Page 3, Packet Page 40 organized hate groups from throughout the country intended to disrupt city government meetings and spread hate messages.
The hate speech was malicious, offensive, profane, and interrupted the regular business of the meeting. The City of Monterey stands firmly against racism, bigotry, and discrimination of any kind.
The hate speech on September 19th included appalling references to gas chambers, slurs towards members of the Jewish faith, racial epithets towards Blacks, attacks on undocumented persons, white supremacy, references to Hitler, and Neo-Nazi groups. Fake names used by individuals logged in to the meeting on Zoom included references to the mass shooter of the deadliest attack on Jews in American history, slurs, names of Nazi and Neo-Nazi leaders, and victims of violent crimes against Jews. In another instance that evening, an individual using a Jewish name joined the meeting using a computer-generated voice with an accent, making derogatory comments against undocumented immigrants. In total that evening, 13 hate-filled callers spoke for over 13 minutes and 17 seconds.
An Increase in Antisemitic Speech
The Anti-Defamation League Center on Extremism (ADL) has been tracking the increase in antisemitic speech throughout California and the United States. The ADL states, “Extremists and bigots are using the public comment portion of these events, especially those with the option to call in virtually, to push antisemitic, white supremacist and antiLGBTQ+ narratives.”1 The ADL further states:
While abusing public forms is not a new extremist tactic, [Ryan] Messano’s [a 43-year old Solano County man] now weekly antisemitic comments at the Sacramento City Council meetings have drawn support and inspired individuals associated with the antisemitic Goyim Defense League (GDL), the white supremacist White Lives Matter network and the far-right Proud Boys. In anticipation of Messano’s continued appearance, counter-protesters now attend the meetings, as do extremists who support Messano. The resulting chaos has fueled extremists’ interest in online spaces such as Gab, Telegram and beyond.
During a May 24, 2023 podcast, GDL leader Jon Minadeo played clips from the Sacramento City Council meetings, praised Messano and told his followers, “Find a city council meeting, bring the [GDL] fliers in, talk about Jewish supremacy” adding “if they don’t want you there, then you should be there. This could be the next thing!” Earlier this year, the cities of Sacramento, Walnut Creek, and the County of Sonoma were hit with antisemitic and other hate speech during public meetings. The Sonoma County Board of Supervisors meeting on September 12, 2023 was hit with disruptive hate speech that prevented their Board from completing its business. As a result, their Board decided to restrict public comments to those attending in person starting at their next meeting. Other agencies, including Monterey, are now faced with a similar dilemma. 1 https://www.adl.org/resources/blog/antisemites-racists-and-other-bigots-are-hijacking-public-meetings Council Special Meeting, 9/27/2023, Item No. 2., Item Page 4, Packet Page 41 Communities affected by this increase in antisemitic remarks during public meetings include Sacramento, Walnut Creek, Sonoma County, Orlando (Fla.), Wausau (Wisc.), Bethlehem (Penn.), Tulsa (Okla.), Washington, D.C., Ann Arbor (Mich.), Portland (Maine), Watauga (Tex.), and many others. This past week alone in California, the city councils of El Cerrito, Larkspur, Saratoga, San Diego, Atherton, and South San Francisco were attacked with hate speech for the first time.
First Amendment and Free Speech
The City is not required by law to allow public comment via Zoom or virtual methods.
However, regardless of the platform utilized (Zoom or in person) the Brown Act requires the City to allow public comments, and the First Amendment protects speech, including speech containing profanities and hate speech unless the speech actually disrupts the meeting, or rises to the level of a crime.
Courts in our nation have ruled that limits on hate speech would conflict with the First Amendment’s protection of freedom of expression. Hate speech is indeed protected speech, which is why federal courts protected the free speech rights of Nazis who were denied a permit to march through Skokie, Illinois, where former Holocaust survivors lived. The Supreme Court has stated, “in public debate [we] must tolerate insulting, and even outrageous, speech in order to provide adequate ‘breathing space’ to the freedoms protected by the First Amendment.” Boos v. Barry , 485 U. S. 312, 322 (1988) While the First Amendment constitutionally protects free speech, if it rises to the level of a crime for such things as a criminal threat or inciting violence, the Monterey Police Department, state, and federal law enforcement partners will investigate and seek prosecution.
Benefits of Virtual Public Participation
The City of Monterey is proud to be one of the first public agencies in the region to allow virtual public participation during the start of the COVID-19 pandemic. Public participation on Zoom and by telephone was critical, especially during a time when City buildings were closed, public meetings were held virtually, and the public health emergency was ongoing.
Since the public health emergency has ended, the public has continued to enjoy the convenience and ability to raise their hand and provide live audio input to Council and public meetings via telephone and Zoom.
Virtual participation in City meetings has been especially beneficial for those who cannot easily attend meetings in person, including those who have childcare challenges, those with disabilities, and individuals with work commitments. Some residents who take care of their children and/or parents, or have other commitments have been able to fulfill their personal and/or work obligations while being able to join meetings virtually. Many residents have expressed their appreciation for this service.
At its regular meeting on February 7, 2023, staff summarized the City’s policy as follows:
City staff finds that providing teleconference participation in public meetings allow for broader access by all, regardless of ability, and can assist in reducing the spread of Council Special Meeting, 9/27/2023, Item No. 2., Item Page 5, Packet Page 42 COVID-19 and other communicable diseases. As a policy decision, the City plans to continue to provide virtual access to public meetings whenever possible.
Challenges with Hate Speech in Online Zoom Comments
City staff has extensively researched options to restrict or limit the virtual disruption of meetings known as “Zoombombing” which began in the City on September 19, 2023 however it was quite prevalent when the platform was first utilized in connection with the pandemic throughout the State of California. Because the threshold to remove an individual from a meeting is high (it must be disruptive, include a criminal threat, or incite violence), in the case of hate speech, bigotry, antisemitic language, or profanity, the public may be exposed to the comments at most the period of time that is allotted for each member of the public to speak, which is generally up to three minutes.
Once an individual is removed from the meeting, they can rejoin using a fake name and fake e-mail address, which is what occurred last week.
The recent hate speech incident on Zoom has led staff to discover other weak points in the Zoom system. Individuals can log into Zoom using any name they wish and a fake e-mail address, and there are no technologically available solutions in place to prevent that practice. Bad actors can join a Zoom meeting on multiple devices using multiple pseudonyms and fake e-mail addresses. In fact, a recent test of the Zoom system showed that one single user can join a meeting under different names using multiple devices, and impersonate other members of the public by using other peoples’ real names. Individuals often use Virtual Private Network (VPN) services that are untraceable. In extreme scenarios, callers can use free online audio deepfake (voice cloning) software that allows bad actors to impersonate others’ voices and speech patterns through artificial intelligence (AI). “An alternative model”
Starting with boards, commissions, City Council, and other public meetings on September 25, 2023, the City is experimenting with an alternative model which identifies the number of persons wishing to speak at the beginning of each public comment period, and identifies a maximum time allotted for public comment (except in exceptional circumstances, when the governing board can adjust the amount of time allowed for public input or the time allotted for each speaker). Furthermore, this model does not allow individuals joining virtually to join the online participation queue if they did not raise their hand when the chairperson asked for hands to be raised. While this does not prevent a nefarious individual from joining and providing public comment from multiple devices, it can limit the individual from being called on from that device if they have been removed from the meeting using that device.
Options for the City Council
The City Council is faced with a difficult choice, and must weigh the pros and cons of allowing public comment on Zoom, as well as the pros and cons of providing in-person comment only:
1) Option 1: Place a hiatus on public comments on Zoom for the time being by reverting to the City’s pre-pandemic practice of in-person public comment only, and consider resuming public comments on Zoom at a future date.
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 6, Packet Page 43 The ability to provide public comments on Zoom was a product of the pandemic, which necessitated the ability to take public comment when meetings were held exclusively virtually. There is no legal requirement to allow the public to comment on Zoom. The negative emotional and physical impacts of having elected officials, commissioners, staff, and the public be subjected to hate speech on September 19 cannot be overstated. Several staff members were personally distraught following the hate speech incident, and we have a responsibility to protect City staff as much as possible. Placing a hiatus on public comments on Zoom would remove one convenient platform for hate speech to spread.
Racist comments and hate speech can still be provided in person during the public comment period. However, removing online participation would reduce an easy-toaccess platform for those outside the community to spread hate and provoke fear. As stated earlier, anyone can join meetings on Zoom and claim to be any person under any name. Removing the option to give public comment on Zoom also reduces the ability for the public to use fake names and impersonate others, or use AI technology during public comment, which took place last week. The most significant downside to not allowing public comment virtually is that individuals, particularly those with transportation, childcare, and other obligations at home or work would have fewer ways to participate and would need to find other or methods to providing input, such as submitting comments in writing (which has always been available to the public). Reverting to the City’s practice of in-person comment only would eliminate an important communication tool for the public, and disenfranchise individuals who rely on virtual public comment live.
Should the City take a pause on virtual public comments, staff recommends continuing to allow the public to watch meetings on Zoom and YouTube. Furthermore, staff recommends amplifying other methods of submitting public feedback. This includes submitting public comment via e-mail, participating in meetings in person, giving feedback through surveys and online channels, and attending community meetings, workshops, and town hall meetings. Staff will continue to increase in-person public engagement as well, at community events and activities. 2) Option 2: Allow public comment on Zoom so that members of the public who cannot participate in person can join the meeting, and experiment with an alternative model or other methods that facilitate public participation while placing limits on the amount of time provided to each speaker and for the total time for the public to comment on each item.
As mentioned previously, there are many benefits to allowing public comment on Zoom to continue. The City Council and staff value transparency and expanding ways to increase public participation, not reducing avenues for public comment. Residents have relied on being able to call in on Zoom to provide public comment because of a variety of reasons, including lack of availability to childcare, parental care, transportation challenges, or other personal or work reasons.
One downside to continuing public comment on Zoom does not eliminate the possibility of racial epithets, profanity, and hate speech that occurs in this virtual format. Some residents have expressed that they no longer want to participate in City meetings if they are subjected to hate speech on a regular occurrence. In this case, allowing public comment could do more harm than good for public engagement. However, the City has Council Special Meeting, 9/27/2023, Item No. 2., Item Page 7, Packet Page 44 only begun to experiment with an alternate model that may reduce the occurrence of hate speech.
It is possible that the hate speech from September 19 was a one-time occurrence, and that there will not be further incidents, and that Monterey will no longer experience hate speech during online public comment.
If the City Council chooses to continue to work under an alternative model or a similar alternative that allows but limits public comment and speaking time, staff recommends providing the City Manager with the authority to temporarily halt public comment on Zoom for up to sixty (60) days if additional incidents occur, and to return to the City Council to formally reevaluate the City Council’s position on virtual public comment.
Public Comments for Items Not on the Agenda
The City Council has offered two opportunities for the public to provide public comment for items not on the agenda during regular meetings: during or near the beginning of the afternoon session, and again during or near the beginning of the evening session. The City Council has the option of continuing to allow public comment for items not on the agenda in the afternoon, in the evening, or continue to do both.
Staff Recommendation: Allow public comment for items not on the agenda in the evening only. This would allow one single period for public comment for items not on the agenda, and allow the afternoon session to run more efficiently.
Also consider limiting the overall time allotted for public comment. Consider moving councilmember comments to immediately after public comment so that each council member may rebuff hate speech.
Staff recommends that the City Council discuss each of the items individually and provide clear direction by consensus for each item. During the meeting, staff would type the directed policy into the resolution (Attachment 1) in areas highlighted in yellow, and the City Council would adopt the updated Resolution and Exhibit at the end of the discussion, in a form approved by the City Attorney (this is not preferable. It would be better to return to a subsequent meeting for it to be adopted on consent. It is really hard to draft a legal document on the fly – If we do it on the fly then I will need a recess to edit during the break) HU/nr/cbk
Attachments:
1. Draft Resolution with Exhibit A, City Council Policy on Governance
2. Rosenberg’s Rules of Order, Revised 2011
3. The Limits and Disclosure Requirements of Ex Parte Contacts in the Public Hearing Context, League of California Cities
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 8, Packet Page 45 RESOLUTION NO. __- ___ C.S.
A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
ADOPTING A CITY COUNCIL GOVERNANCE POLICY
WHEREAS, it is an adopted value driver of the Council to foster a local government that is transparent and collaborative, and solicits, welcomes, and appreciates input from all; WHEREAS, it is prudent to develop and adopt governance policies to ensure mutual understanding among the members of Council; communicate expectations clearly for the benefit of the Council, staff, and public; and demonstrate professionalism and transparency in the conduct of the City’s business;
WHEREAS, the Council adopted Resolution No. 15-009 C.S. on January 20, 2015, approving policy guidelines relating to the following governance topics: Appointments to outside agencies and committees, Council meetings (questions for staff), Communication with staff, and the “Council Comments” portion of Council regular meetings; WHEREAS, the guidelines adopted by Resolution No. 15-009 C.S. are appropriate, it is the Council’s intent to continue to abide by them, and those guidelines have been incorporated into the Council Policy on Governance that is attached as Exhibit A; WHEREAS, the City Council wishes to rescind its policy on appointments to boards, commissions, and committees, which was approved by minute action on June 4, 2019; WHEREAS, the City Council wishes to rescind its policy on the process by which individual Councilmembers may request to agendize a matter of business, which was approved by minute action on January 22, 2020;
WHEREAS, the Mayor and City Council held a detailed discussion on August 15, 2023, and provided direction regarding the following general governance topics: Appointments to Boards, Commissions, and Committees; Councilmember Participation at Conferences, Trainings, and Events; Letterhead Policy; Agendizing of Council Items by Individual Councilmembers; City Budget; Strategic Planning and the City Staff Work Program; and City Manager and City Attorney Annual Performance Evaluations; WHEREAS, on September 27, 2023, the City Council considered additional governance topics including direction on virtual public comments and when public comments for items not on the agenda should be heard;
WHEREAS, the direction provided on August 15, 2023 and on September 27, 2023 is incorporated into the Council Policy on Governance that is attached as Exhibit A; and WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a Council Special Meeting, 9/27/2023, Item No. 2., Item Page 9, Packet Page 46 2 significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.
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.
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that:
1. It hereby adopts the City Council Policy on Governance which is attached hereto and incorporated by reference as Exhibit A.
2. All other prior Council resolutions, including but not limited to Resolution No. 15-009, and policies, including but not limited to those adopted by minute action described in the recitals, in conflict with this resolution are hereby rescinded.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
ATTEST:
Mayor of said City
City Clerk thereof
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 10, Packet Page 47
EXHIBIT A
PURPOSE:
To set forth standards and requirements to ensure that the Council, staff, and public can all easily understand the processes by which the Council’s business is conducted, to foster a local government that is transparent and collaborative; and solicits, welcomes, and appreciates input from all.
POLICY:
A. Agendizing of Council Items by Individual Councilmembers.
1. A Councilmember may submit an agenda report to the City Clerk’s Office outlining a request to agendize a matter of business on a future agenda. This agenda report should, in 350 words or less, describe what, how, and why the matter of business should be heard before the City Council. The City Clerk’s Office will add the item to an upcoming agenda.
2. At the Council Meeting where the request is considered, the Councilmember who submitted the request will deliver a verbal report consistent with the agenda report.
This verbal report should not exceed three minutes. The City Council may ask questions pertaining to whether the item should be agendized (e.g., the required amount of staff time, the priority level to be assigned to the item, etc.).
3. Public comment will be received.
4. In discussing the matter, the City Council shall focus on whether the item warrants being heard at a future date. The City Council will not discuss the item/ substantively. . A minimum of two “yes” votes must be received to agendize the item on a future agenda.
B. Appointing Members to Boards, Commissions, and Committees (“CouncilAppointed Bodies”)
1. Maddy Act Report. Each December, the City Clerk’s office will prepare and publish to the City website a Local Appointments List (“Maddy Act report”) in compliance with Government Code section 54972-54973.
Interviews and Recommendations.
2. Appointment Procedures.
a. Expiring Regular Terms.
i. The City Clerk’s office will notify each member of a Councilappointed body prior to the expiration of their term and advise them to submit a new application in order to be considered for a new term. ii. Advisory body liaison staff will provide to the City Clerk’s office a factual report on potential re-appointees, which will include attendance records, participation information, and whether special eligibility requirements, if applicable, are met.
b. Outreach for All Vacancies.
i. The City Clerk’s Office maintains an email list of residents interested in learning about vacancies on Council-appointed bodies. Residents City Council Policy:
Governance
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 11, Packet Page 48
EXHIBIT A
2 may subscribe to the list anytime by following the link at https://monterey.org/subscribe. Email notifications are sent to this list to solicit applications for every vacancy, whether it is an expiring regular term or an unscheduled vacancy. The City Clerk’s office may advertise more broadly via social media and other avenues to reach more residents.
ii. The City Clerk’s office will post a vacancy notice in the agenda posting case and on the City website in compliance with Government Code section 54974.
c. Applications, Interviews, Recommendations, and Appointments. i. Following the noticed application deadline or priority review cutoff date, the Mayor will conduct applicant interviews. The appointed Vice-Mayor will serve as an alternate in the instance of any conflict that does not allow the Mayor to perform the interviews. ii. The City Clerk’s office will assist the Mayor in arranging and scheduling interviews with the applicants. The Mayor will be provided with all applications and factual reports to assist in evaluation of the applicants.
iii. The Mayor will interview the applicants and formulate recommendations based on each applicant’s interests and skills, and Councilmember district representation, as well as the specific needs of the body at the time of appointment.
iv. The Mayor’s appointment recommendations will be published in the City Council agenda packet, together with all applications and factual reports.
v. Appointments will be made at the City Council meeting by majority vote of the City Council. The Council is encouraged to consider Councilmember district representation in making the appointment.
C. Appointments to Outside Agencies and Committees. Councilmembers serve the City on outside agencies in roles that fall into Voting Member or Liaison/Observer capacities.
Annually, the Council reviews and makes appointments to the boards of outside agencies, and to City committees. Throughout the year as they attend these outside board meetings, Councilmembers can report back to the entire Council or staff with a summary or during “Council Comments” on the Council agenda.
D. City Manager and City Attorney Annual Performance Evaluation. The evaluation of the City Manager and City Attorney are conducted annually, and are proctored by a third-party consultant.
E. Communication with Staff. The Charter section 4.7 requires the Mayor and Councilmembers to deal directly through the City Manager or City Attorney, who will direct questions, requests, issues, and concerns to appropriate staff members. Elected officials cannot commit staff time and resources outside of public meetings without a majority vote.
Elected officials receive personal contacts, communications, and emails from the public, which is a vital role in open government and transparency. In replying to the request or issue, the Council explains that their concerns will be passed on to the City Manager and staff. Through the City Manager, the staff keeps the Council and citizens informed on progress. This aligns with the City Charter, allows the Council to be responsive to the public, and refers the public requests to the staff as administrators. This form of communication lets the public know that its concerns have been heard, and that the City is responding.
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 12, Packet Page 49
EXHIBIT A
3 These procedures also apply to Board Members and Commissioners.
F. Council Comments. The City Council agenda states:
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).
This is an opportunity to express appreciation, note upcoming community activities and events, and report about meetings of outside agencies.
G. Council Meetings. Questions for the staff are directed to the City Manager, who will assign a staff member to provide answers.
H. Online Public Comments for the City Council, Commission, and other Public Meetings. The City Council permits/does not permit virtual participation in public meetings.
The City Manager is authorized to temporarily pause virtual participation for up to 90 days.
I. Public Comment Period. For Regular City Council meetings, the City Council shall hold the Public Comment period for items not on the agenda in the evening session only, if there is both an afternoon and evening session.
J. Councilmember Interactions with Labor Unions when Negotiations are Pending.
K. Councilmember Participation at Conferences, Trainings, and Events. The Purchasing Manual applies to all employees including Mayor and Councilmembers, and states that “all expenses related to travel should be limited to those deemed “reasonable and necessary.” In compliance with Government Code section 53232.3(d), Councilmembers will provide brief reports on meetings and conferences attended at the expense of the City at the next regular meeting after such attendance.
L. Ex Parte Contacts in Quasi-Judicial Proceedings. Councilmembers should avoid taking positions on issues that may come before them in their quasi-judicial capacity, until they have heard all the evidence and arguments at the public hearing on the issue.
M. Letterhead Policy. City Council letterhead should be used for letters representing the position of the full Council, except for social items such as thank you letters which can be sent by individual members. Individuals should not do advocacy work or write about policy using City letterhead.
N. Reconsideration of Previous Council Decisions.
O. Strategic Planning and the City Staff Work Program. The City Council reviews the Value Drivers and Strategic Priorities every four to five years. The City Staff Work Program, which are specific efforts sorted by Value Driver and Strategic Priorities, are presented to the City Council twice a year in January and August.
Adopted by Resolution No.:
Amended by Resolution No.: N/A
Effective Date:
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 13, Packet Page 50 Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg
ATTACHMENT 2
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 14, Packet Page 51 ii
MISSION and CORE BELIEFS
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.
VISION
To be recognized and respected as the leading advocate for the common interests of California’s cities.
About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.
The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.
About the Author
Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.
ATTACHMENT 2
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 15, Packet Page 52 1 Table of Contents
About the Author............................................................................................................ii Introduction....................................................................................................................2 Establishing a Quorum...................................................................................................2 The Role of the Chair......................................................................................................2 The Basic Format for an Agenda Item Discussion........................................................2 Motions in General.........................................................................................................3 The Three Basic Motions................................................................................................3 Multiple Motions Before the Body.................................................................................4 To Debate or Not to Debate............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes................................................................................................................5 The Motion to Reconsider..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input..................................................................................7 ATTACHMENT 2
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 16, Packet Page 53 2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.
A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.
When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.
The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.
The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.
Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.
The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.
Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:
Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.
Hence, the birth of Rosenberg’s Rules of Order.
What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly.
This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:
1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.
2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.
3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.
4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.
ATTACHMENT 2
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 17, Packet Page 54 3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.
Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body.”
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.
Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings.”
The chair usually initiates the motion in one of three ways:
1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order.”
2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings.”
3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.
The Three Basic Motions
There are three motions that are the most common and recur often at meetings:
The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.”
First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.
Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.
Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.
Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.
If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed).
Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.
Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.
Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.
This is done in one of three ways:
1. The chair can ask the maker of the motion to repeat it;
2. The chair can repeat the motion; or
3. The chair can ask the secretary or the clerk of the body to repeat the motion.
Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
ATTACHMENT 2
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 18, Packet Page 55 4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.
Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.
Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.
To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.
There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):
Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.
Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.
Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote.
The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way.
The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.
A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend,” but the chair determines that it is really a “substitute motion,” then the chair’s designation governs.
A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion.” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.
Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.
The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.
When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows:
ATTACHMENT 2
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 19, Packet Page 56 5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.
Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.
Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.
Counting Votes
The matter of counting votes starts simple, but can become complicated.
Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.
If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion.
What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.
Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.
In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October.” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.
Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question.” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.
However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.
When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.
Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a twothirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.
Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.
All motions require a simple majority, but there are a few exceptions.
The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:
Motion to limit debate. Whether a member says, “I move the previous question,” or “I move the question,” or “I call the question,” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.
ATTACHMENT 2
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 20, Packet Page 57 6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain,” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain.”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.
Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent.” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.
The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.
A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.
First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.
If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.
California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.
After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting,” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting.” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.
How does this work in practice?
Here are a few examples.
Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting.” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.
Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.
If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes,” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote.
Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present.” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes,” one “no” and one “abstain,” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.
ATTACHMENT 2
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 21, Packet Page 58 7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.
Call for orders of the day. This is simply another way of saying, “return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed.
Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.
Special Notes About Public Input
The rules outlined above will help make meetings very publicfriendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:
Rule One: Tell the public what the body will be doing.
Rule Two: Keep the public informed while the body is doing it.
Rule Three: When the body has acted, tell the public what the body did.
Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.
The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.
Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.
Can a member of the body interrupt the speaker? The general rule is “no.” There are, however, exceptions. A speaker may be interrupted for the following reasons:
Privilege. The proper interruption would be, “point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.
Order. The proper interruption would be, “point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
ATTACHMENT 2
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 22, Packet Page 59 1400 K Street, Sacramento, CA 95814
(916) 658-8200 | Fax (916) 658-8240
www.cacities.org
To order additional copies of this publication, call (916) 658-8200. $10
© 2011 League of California Cities. All rights reserved.
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ATTACHMENT 2
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 23, Packet Page 60 Let’s Ex Parte! The Limits and
Disclosure Requirements of Ex Parte
Contacts in the Public Hearing Context
Thursday, October 6, 2016 General Session; 2:45 – 4:00 p.m.
Ariel Pierre Calonne, City Attorney, Santa Barbara
DISCLAIMER: These materials are not offered as or intended to be legal advice. Readers should seek the advice of an attorney when confronted with legal issues. Attorneys should perform an independent evaluation of the issues raised in these materials.
Copyright © 2016, League of California Cities®. All rights reserved.
This paper, or parts thereof, may not be reproduced in any form without express written permission from the League of California Cities®. For further information, contact the League of California Cities® at 1400 K Street, 4th Floor, Sacramento, CA 95814. Telephone: (916) 658-8200.
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Council Special Meeting, 9/27/2023, Item No. 2., Item Page 24, Packet Page 61 Notes:______________________________________________
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Council Special Meeting, 9/27/2023, Item No. 2., Item Page 25, Packet Page 62 Let’s Ex Parte! The Limits and Disclosure
Requirements of Ex Parte Communications
in the Public Hearing Context
Ariel Pierre Calonne
City Attorney
City of Santa Barbara
League of California Cities
Annual Conference
October 2016 Long Beach
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Council Special Meeting, 9/27/2023, Item No. 2., Item Page 26, Packet Page 63 This paper examines California law governing whether, when, and how city decisionmakers must refrain from or disclose ex parte communications.
INTRODUCTION
Ex parte is a Latin phrase that literally means “from one party.”1 Generally speaking, an ex parte communication is any material or substantive oral or written communication with a decisionmaker that is relevant to the merits of an adjudicatory proceeding, and which takes place outside of a noticed proceeding open to all parties to the matter.2
Ex parte communications to a judicial officer or quasi-judicial decisionmaker raise a number of serious legal concerns. As a result, ex parte communications are restricted, and even prohibited, in some circumstances.
The doctrinal foundation for restricting ex parte communications rests upon fundamental fairness concerns flowing from the Magna Carta,3 English common law4
, American common law requiring “fair procedures,”5 and the Fifth and Fourteenth Amendments which provide that no person shall be “deprived of life, 1 In the legal context, ex parte means “on one side only; by or for one party; done for, in behalf of, or on the application of one party only.” (Black’s Law Dict. (6th ed. 1990) p. 76, col. 1.)
2 See, e.g., Gov. Code, § 11430.10 [California Administrative Procedures Act]; 12 C.F.R. § 263.9 [Federal Reserve Uniform Rules of Practice and Procedure]. 3 Duncan v. State of La. (1968) 391 U.S. 145, 169 (Conc. Opn. Of Black, J.) [“’The origin of the Due Process Clause is Chapter 39 of Magna Carta which declares that “No free man shall be taken, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers and by the law of the land.”’”
4 “. . . in determining what due process of law is, under the Fifth or Fourteenth Amendment, the court must look to those settled usages and modes of proceeding existing in the common and statute law of England before the emigration of our ancestors, which were shown not to have been unsuited to their civil and political condition by having been acted on by them after the settlement of this country.” Tumey v. State of Ohio (1927) 273 U.S. 510, 523. 5 Pinsker v. Pacific Coast Society of Orthodontists (1974) 12 Cal.3d 541, 555 ATTACHMENT 3
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 27, Packet Page 64 liberty, or property, without due process of law.”6
And, “A fair trial in a fair tribunal
is a basic requirement of due process.”7
The law relating to ex parte
communications has grown from concerns about fundamental fairness.
Two precepts underlie ex parte contact fairness and due process considerations:
The need for judicial impartiality and the truth-seeking benefits of an adversarial system.
Judicial impartiality is a cornerstone of American justice. In Tumey v. State of Ohio (1927) 273 U.S. 510, the United States Supreme Court had no trouble finding a due process violation when an Ohio criminal statute authorized a mayor to hear certain cases in which he or she had a direct pecuniary interest due to a local ordinance that compensated the mayor with fees collected from convicted defendants. While there was no evidence of actual bias in Tumey, the Court concluded that any “. . . procedure which would offer a possible temptation to the average man as a judge to forget the burden of proof required to convict . . .” denies due process because the judge’s impartiality is put into question. 8 Certainly ex parte contacts present a “possible temptation” that might impugn a decisionmaker’s impartiality.9
Adversarial systems work to ensure discovery of the truth. The United States Supreme Court points out that: “[t]he system assumes that adversarial testing will 6 U.S. Const., 5th and 14th Amends.; see also Cal. Const., art. I, § 7 [state clause's prescriptions as substantially overlapping those of the federal Constitution] Today's Fresh Start, Inc. v. Los Angeles County Office of Educ. (2013) 57 Cal.4th 197, 212; Code Civ. Proc., § 1094.5 [Vollstedt v. City of Stockton (1990) 220 Cal.App.3d 265, 273.
7 In re Murchison (1955) 349 U.S. 133, 136; Withrow v. Larkin (1975) 421 U.S. 35, 46; Howitt v. Superior Court (1992) 3 Cal.App.4th 1575, 1581. In this context, we are referring to procedural due process. (See Mathews v. Eldridge (1976) 424 U.S. 319.
8 Id., at p. 532.
9 See Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Bd. (2006) 40 Cal.4th 1, 5; “One fairness principle directs that in adjudicative matters, one adversary should not be permitted to bend the ear of the ultimate decision maker or the decision maker's advisors in private.” ATTACHMENT 3
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 28, Packet Page 65 ultimately advance the public interest in truth and fairness.”10 Because ex parte communications are not recorded, they cannot be rebutted by the non-present party or given adequate appellate review.11 The Third Circuit Court of Appeals applied this principle to conclude that:
“. . . ex parte communications run contrary to our adversarial trial system. The adversary process plays an indispensable role in our system of justice because a debate between adversaries is often essential to the truth-seeking function of trials.”12
In California, earlier cases echoed the adversarial truth-seeking interest behind controlling ex parte communications in administrative proceedings:
“Administrative tribunals exercising quasi judicial powers which are required to make a determination after a hearing cannot act on their own information. Nothing may be treated as evidence which has not been introduced as such, inasmuch as a hearing requires that the party be apprised of the evidence against him in order that he may refute, test and explain it.”13
The more modern California view does not compel a purely adversarial model for administrative decision making, and hence casts some doubt on the continuing value of the “truth-seeking” rationale for controlling ex parte communications:
“. . . these decisions and numerous others stand for the proposition that the pure adversary model is not entitled to constitutionally enshrined exclusivity as the means for resolving disputes in ‘[t]he incredible variety of administrative mechanisms [utilized] in this country....’ The mere fact that the decision-maker or its staff is a more active participant in the factfinding process—similar to the 10 Polk County v. Dodson (1981) 454 U.S. 312, 318.
11 In re Kensington Intern. Ltd. (3d Cir. 2004) 368 F.3d 289, 310. 12 Ibid.
13 La Prade v. Department of Water and Power of City of Los Angeles (1945) 27 Cal.2d 47, 51–52.
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Council Special Meeting, 9/27/2023, Item No. 2., Item Page 29, Packet Page 66 judge in European civil law systems—will not render an
administrative procedure unconstitutional.”14
Indeed, legislative bodies now have considerable constitutional leeway to craft alternative decisionmaking systems which may not be adversarial:
“‘“[l]egislatures and agencies have significant comparative advantages over courts in identifying and measuring the many costs and benefits of alternative decisionmaking procedures. Thus, while it is imperative that courts retain the power to compel agencies to use decisionmaking procedures that provide a constitutionally adequate level of protection ..., judges should be cautious in exercising that power. In the vast bulk of
circumstances, the procedures chosen by the legislature or by the agency are likely to be based on application of a Mathews-type cost-benefit test by an institution positioned better than a court to identify and quantify social costs and benefits.”’”15
So, while some courts focus their ex parte due process concerns on the need for confrontation and rebuttal by the adverse parties, judicial impartiality is a more persistent rationale, particularly in non-adversarial systems.
Finally, the California Supreme Court recently summarized the basic requirements of due process in California administrative decisionmaking, again focusing upon the need for impartiality:
“’The essence of due process is the requirement that “a person in jeopardy of serious loss [be given] notice of the case against him and opportunity to meet it.” ‘The opportunity to be heard must be afforded ‘at a meaningful time and in a meaningful manner.’ To ensure that the opportunity is meaningful, the United States Supreme Court and this court have identified some aspects of due 14 Howitt v. Superior Court (1992) 3 Cal.App.4th 1575, 1581 [citing Withrow v.
Larkin (1975) 421 U.S. 35].
15 Today's Fresh Start, Inc. v. Los Angeles County Office of Educ. (2013) 57 Cal.4th 197, 230; quoting Mohilef v. Janovici (1996) 51 Cal.App.4th 267, 288 and referring to the seminal procedural due process analysis in Mathews v. Eldridge (1976) 424 U.S. 319, 348.
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Council Special Meeting, 9/27/2023, Item No. 2., Item Page 30, Packet Page 67 process as irreducible minimums. For example, whenever ‘due process requires a hearing, the adjudicator must be impartial.’
Beyond these broad outlines, however, the precise dictates of due process are flexible and vary according to context.”16
In sum, the simple human need for fairness, reflected in western jurisprudence since at least 1215 when it was pronounced in the Magna Carta, underlies the legal concerns about ex parte communications during administrative decisionmaking processes. Fairness certainly requires an impartial decisionmaker, and often the appearance of impartiality can become as important a factor in the legal review of fairness as actual impartiality. Fairness may also require the opportunity for adversarial examination of evidence in some, if not most, administrative decisionmaking systems.
CALIFORNIA LAW ON EX PARTE COMMUNICATIONS
In 1945, the California Supreme Court determined that due process does not allow using evidence gathered ex parte in an administrative hearing. In La Prade v. Department of Water and Power of City of Los Angeles (1945) 27 Cal.2d 47, the Court considered a civil service matter in which an employee was discharged upon the basis of an investigative report which was offered into evidence after the hearing. The divided 4-3 Court held:
“Administrative tribunals exercising quasi judicial powers which are required to make a determination after a hearing cannot act on their own information. Nothing may be treated as evidence which has not been introduced as such, inasmuch as a hearing requires that the party be apprised of the evidence against him in order that he may refute, test and explain it. And the action of such a tribunal based upon the report of an investigator, assuming it is competent evidence, when forming the basis for the tribunal's determination, is a denial of a hearing, unless it is introduced into evidence and the accused is given an opportunity to cross-examine the maker thereof and refute it.”
17 18
16 Id., at p. 212.
17 Id., at pp. 51–52; La Prade relied heavily upon Morgan v. U.S. (1936) 298 U.S. 468, 480 which discussed a federal livestock ratemaking statute: “That duty is ATTACHMENT 3
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 31, Packet Page 68 By 1950, a unanimous California Supreme Court squarely addressed the problem of individual ex parte contacts by decisionmakers. In English v. City of Long Beach (1950) 35 Cal.2d 155, the Court considered a Long Beach police officer who had been terminated due to a disability. Members of the civil service board:
“. . . took evidence outside the hearing and outside the presence of English or his attorney. Some of them talked to one of the examining doctors, and one member questioned his personal physician concerning the relation of English's asserted disability to the performance of the duties of his position. The information thus received was imparted to other board members, and was
considered and relied upon by them in arriving at their decision.” 19 The Court noted that: “[t]he principal question is whether English was deprived of a fair trial.”20 And:
“The action of such an administrative board exercising adjudicatory functions when based upon information of which the parties were not apprised and which they had no opportunity to controvert amounts to a denial of a hearing.” . . .
A contrary conclusion would be tantamount to requiring a hearing in form but not in substance, for the right of a hearing before an administrative tribunal would be meaningless if the tribunal were permitted to base its termination upon information received without the knowledge of the parties. A hearing requires that the party be apprised of the evidence against him so that he may have an opportunity to refute, test, and explain it, and the requirement of a widely different from ordinary executive action. It is a duty which carries with it fundamental procedural requirements. There must be a full hearing. There must be evidence adequate to support pertinent and necessary findings of fact.
Nothing can be treated as evidence which is not introduced as such.” 18 Despite Morgan and its progeny, Congress did not restrict ex parte administrative communications in formal rulemaking and administrative adjudications until 1976. (Due Process and Ex Parte Contacts in Informal Rulemaking (1979) 89 Yale L.J. 194, 197.)
19 Id., at p. 157.
20 Id., at p. 158.
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Council Special Meeting, 9/27/2023, Item No. 2., Item Page 32, Packet Page 69 hearing necessarily contemplates a decision in light of the evidence there introduced.”
21 Again, in a case involving a city manager’s decision to demote a city employee based in part upon evidence received ex parte, the Court of Appeal emphasized that:
“The fact that Personnel Director Fong may have presented the City Manager with substantial evidence supporting his decision not to follow the recommendations of the Commission did not cure the error caused by the Commission's failure to transmit a statement of facts to the City Manager. Rather it led to further abuse of appellant's right to a fair hearing. A decision maker such as the City Manager, who is required by city ordinance to make a
determination after a requested hearing cannot act upon his own information, and nothing can be considered as evidence that was not introduced at a hearing of which petitioner had notice or at which he was present.”
22 On the other hand, it is also clear that some kinds of ex parte evidence do not raise due process concerns. In 1957, the Court of Appeal in Flagstad v. City of San Mateo (1957) 156 Cal.App.2d 138 held that ex parte evidence which is disclosed before a hearing does not violate due process:
“Plaintiff complains that defendants rely upon information acquired by the council members other than at the hearing. . . . Here the mayor stated at the outset of the hearing that the councilmen had ‘had a look’ at the property. Members of the council asked questions and expressed views at the public hearing which quite fully revealed their investigation. There was no concealment. Those protesting the variance were free to challenge any views so expressed, and took frequent advantage of this opportunity.” 23 And, more recently, the Court of Appeal has held that ex parte information is evidentiary only if it is “considered by . . . [the decisionmaker] . . . for its bearing 21 Id., at p. 158-59.
22 Vollstedt v. City of Stockton (1990) 220 Cal.App.3d 265, 274–75. 23 Id., at p. 141.
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Council Special Meeting, 9/27/2023, Item No. 2., Item Page 33, Packet Page 70 on the issues resolved by the findings in his proposed decision.”24 So, nonsubstantive communications that do not bear on the ultimate decision are consistent with due process requirements.
Surprisingly, there is no California statutory law restricting ex parte communications with city decisionmakers. At the state level, the California Administrative Procedures Act expressly forbids ex parte communications.25 Likewise, the California Coastal Act defines and requires disclosure of ex parte communications.26 On the other hand, the Porter-Cologne Water Quality Control Act was amended in 2012 to exempt certain water board proceedings from the ex parte communication restrictions of the California Administrative Procedures Act.27 Many other state agencies have specialized ex parte communication rules.28 These state statutes provide some value in determining due process minima.
WHETHER, WHEN, AND HOW TO ADDRESS EX PARTE COMMUNICATIONS Due to the absence of statutory guidance, we must synthesize the case law to determine whether, when, and how to address ex parte communications. Mindful that fundamental fairness is our guide, and that Mathews v. Eldridge (1976) 424 U.S. 319 remains vital in providing a procedural due process framework,29 several relatively clear principles emerge.
24 Mathew Zaheri Corp. v. New Motor Vehicle Bd. (1997) 55 Cal.App.4th 1305, 1314.
25 “While the proceeding is pending there shall be no communication, direct or indirect, regarding any issue in the proceeding, to the presiding officer from an employee or representative of an agency that is a party or from an interested person outside the agency, without notice and opportunity for all parties to participate in the communication.” (Gov. Code, § 11430.10(a); Gov. Code, § 11425.10.)
26 Pub. Resources Code, §§ 30322 and 30324.
27 Wat. Code, § 13287 (Stats. 2012, ch. 551.)
28 See, e.g.,Pub. Resources Code, § 663.2 [State Mining and Geology Board]; Bus. & Prof. Code, § 19872 [Gambling Control Commission]. 29 “ . . . identification of the specific dictates of due process generally requires consideration of three distinct factors: First, the private interest that will be ATTACHMENT 3
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 34, Packet Page 71
1. Procedural Due Process Relates Only to Adjudicatory Proceedings.
Ex parte communications are a concern only in adjudicatory or quasi-judicial decisionmaking matters, as opposed to purely legislative proceedings. While many factors go into to determining whether a matter is quasi-judicial, the typical characteristics are three-fold: 1) Does the matter require advance notice and a hearing; 2) must the decision be predicated upon specific findings of fact; 3) does the decision apply existing law to specific facts to make an individualized determination of a specific person’s rights or interests in life, liberty or property.30 31 It is a good practice to identify quasi-judicial matters on meeting agendas so that the public, parties and decisionmakers are aware of due process concerns that might limit ex parte communications.
2. Ex Parte Communication is Evidence-Gathering That Takes Place Outside the Formal Proceedings.
Ex parte communications include oral and written information, but can also include any other sensory communication, such as visual or auditory information obtained during a site visit.32
3. Ex Parte Communications Must Be Substantive and Relevant to the Matter in Order to Impact Due Process Rights.
Mere casual or non-substantive communications do not violate the due process rights of non-present parties to a quasi-judicial matter.33 This limitation is affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.” Mathews v. Eldridge (1976) 424 U.S. 319, 335.
30 See Topanga Assn. for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506.
31 See Franchise Tax Bd. v. Superior Court in and for Sacramento County (1950) 36 Cal.2d 538, 549 [“There is no constitutional requirement for any hearing in a quasi-legislative proceeding.”]
32 Flagstad v. City of San Mateo (1957) 156 Cal.App.2d 138. 33 Mathew Zaheri Corp. v. New Motor Vehicle Bd. (1997) 55 Cal.App.4th 1305.
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Council Special Meeting, 9/27/2023, Item No. 2., Item Page 35, Packet Page 72 important to local elected officials because they are often expected to be available so that concerns or complaints may be expressed by their constituents.
Thus, the mere expression of support or opposition to a particular decision does not raise due process concerns when it is not accompanied by substantial factual information that influences the decisionmaker’s analyses or conclusions.
4. Substantive Ex Parte Communications Which are Disclosed Prior to a Quasi-Judicial Hearing Do Not Raise Due Process Concerns.
California case law is clear that pre-hearing disclosure of ex parte communications adequately protects the due process interests of the nonpresent parties to the matter.34 The disclosure should be complete, detailed and as early in the process as is reasonable. Some agencies require written disclosure.35
5. Ex Parte Communications After a Quasi-Judicial Hearing Must Be Prohibited If the Decision is Not Final.
A corollary to the due process protection provided by pre-hearing disclosure of ex parte communications is that there must be no ex parte communications during the interstitial period between closure of a hearing and a final decision. This arises most often when a city decisionmaker closes a quasi-judicial hearing and directs the preparation of written findings by staff. “Lobbying” by parties to the matter or other persons must be rejected. Many cities have differing approaches to ex parte communications that arise as a result of public testimony rights under the Brown Act.36 A simple admonition on the record advising the decisionmakers not to consider Brown Act-required public comment should be a sufficient balance between the due process and First Amendment interests at stake. 34 Flagstad v. City of San Mateo (1957) 156 Cal.App.2d 138. 35 The California Coastal Commission, for example, requires use of “standard disclosure forms.” (Pub. Resources Code, § 30324.)
36 Gov. Code, 54954.3. See also, Gov. Code, § 54954.2(a)(2) [“No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3.”]
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Council Special Meeting, 9/27/2023, Item No. 2., Item Page 36, Packet Page 73
EXAMPLES OF CITY COUNCIL EX PARTE CONTACT RULES
Santa Barbara City Council Procedures (2015)
4.14.4. Identification of Quasi-Judicial Matters on the Agenda. The City Administrator/City Clerk, in conjunction with the City Attorney, will identify agenda items involving quasi-judicial decisions on the Council agenda. This identification is intended to inform the Council, interested parties, and the public that this policy will apply to the item, but failure to identify an item shall not be cause for a continuance.
4.14.5. Policy to Avoid Ex Parte Contacts. Ex parte contacts are substantive oral or individual written communications concerning quasi-judicial matters that occur outside of noticed public hearings. City Councilmembers should avoid and discourage ex parte contacts if at all possible.
4.14.6. Disclosure of Ex Parte Contacts. If an ex parte contact does occur (which it might because the public has a hard time understanding that on quasi-judicial matters the Council’s decision making is confined to the hearing), the Councilmember must disclose the contact and the substance of the information communicated on the record at the start of the public hearing. This disclosure allows people who may have a different point of view or contrary evidence to make their points during the hearing in response to the information you may have obtained through the ex parte contact. The disclosure might go something like this: “I was approached by the appellant last week and they told me that neighborhood traffic is much greater than the City’s baseline assumptions.”
4.14.7. Ex Parte Contacts After the Hearing. Ex parte contacts after a public hearing is closed and before a final decision is rendered are prohibited because there is no opportunity for rebuttal.
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Council Special Meeting, 9/27/2023, Item No. 2., Item Page 37, Packet Page 74 Berkeley Rules of Procedure and Order (2016)
Following any staff presentation, each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Members shall also submit a report of such contacts in writing prior to the commencement of the hearing. Such reports shall include a brief statement describing the name, date, place, and content of the contact. Written reports shall be available for public review in the office of the City Clerk prior to the meeting and placed in a file available for public viewing at the meeting.
Berkeley Land Use Resolution (2004)
3. Council members and Commissioners may receive information relevant to the land use decision by contacts with the parties, the public or staff and are not confined to reading the record or hearing presentations at public hearings.
4. Where information of a specific nature is gathered by a member of the City Council or a board or commission, through contacts outside the record, and the information is not already in the record, the member shall, to the extent feasible, keep contemporaneous notes of the substance of the contact and shall disclose the contact and its substance on the record prior to the commencement of the hearing to which such contact relates. Where the information is received during the pendency of a hearing the matter shall be disclosed prior to completion of the hearing and the parties and public shall have an opportunity to respond if the matter is substantially new information.
5. Where such contacts were made and information gathered prior to a pending decision by the Council or any decision making body whether or not to grant a hearing, the substance of the information shall be reported to the secretary of the relevant body as soon as it is made. The secretary shall maintain a file on such disclosed contacts for review by members of the public.
Palo Alto City Council Procedures and Protocols Handbook (2013) 2) Restrictions on Council Communications Outside of Quasi-Judicial and Planned Community Zone Hearings
It is the policy of the Council to discourage the gathering and submission of information by Council Members outside of any noticed public meeting, prior to final recommendations by the Architectural Review Board or Planning & ATTACHMENT 3
Council Special Meeting, 9/27/2023, Item No. 2., Item Page 38, Packet Page 75 Transportation Commission. The following procedural guidelines are intended to implement this policy, but shall not be construed to create any remedy or right of action.
3) Identification of Quasi-Judicial/Planned Community Matters The City Attorney, in conjunction with the City Clerk and City Manager, will identify agenda items involving quasi-judicial/planned community decisions on both the tentative and regular Council agendas. This identification is intended to inform the Council, interested parties, and the public that this policy will apply to the item.
4) Council to Track Contacts
Council Members will use their best efforts to track contacts pertaining to such identified quasi-judicial/planned community decision items. Contacts include conversations, meetings, site visits, mailings, or presentations during which substantial factual information about the item is gathered by or submitted to the Council Member.
5) Disclosure
When the item is presented to the Council for hearing, Council Members will disclose any contacts which have significantly influenced their preliminary views or opinions about the item. The disclosure may be oral or written, and should explain the substance of the contact so that other Council Members, interested parties, and the public will have an opportunity to become apprised of the factors influencing the Council's decision and to attempt to controvert or rebut any such factor during the hearing. Disclosure alone will not be deemed sufficient basis for a request to continue the item. A contact or the disclosure of a contact shall not be deemed grounds for disqualification of a Council Member from participation in a quasi-judicial/planned community decision unless the Council Member determines that the nature of the contact is such that it is not possible for the Council Member to reach an impartial decision on the item. 6) No Contacts after Hearings
Following closure of the hearing, and prior to a final decision, Council Members will refrain from any contacts pertaining to the item, other than clarifying questions directed to City staff.
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Council Special Meeting, 9/27/2023, Item No. 2., Item Page 39, Packet Page 76 Santa Monica Rules of Conduct for City Council Meetings RULE 14. DISCLOSURE FOR QUASI JUDICIAL MATTERS.
On quasi-judicial matters, Councilmembers shall verbally disclose off the record contacts relating to the item, after the item is called and before Council consideration of the matter. Disclosure shall include the identity of an individual(s) with whom the Councilmember had contact, and the nature of the contact.
Mountain View City Council Code of Conduct (2015)
4.7 Quasi-Judicial Role/Ex Parte Contacts
The City Council has a number of roles. It legislates and makes administrative and executive decisions. The Council also acts in a quasi-judicial capacity or "like a judge" when it rules on various permits, licenses, and land use entitlements.
In this last capacity, quasi-judicial, the Council holds a hearing, takes evidence, determines what the evidence shows, and exercises its discretion in applying the facts to the law shown by the evidence. It is to these proceedings that the rule relative to ex parte contacts applies.
4.7.1 Ex Parte Contacts/Fair Hearings. The Council shall refrain from receiving information and evidence on any quasi-judicial matter while such matter is pending before the City Council or any agency, board, or commission thereof, except at the public hearing.
As an elected official, it is often impossible to avoid such contacts and exposure to information. Therefore, if any member is exposed to information or evidence about a pending matter outside of the public hearing, through contacts by constituents, the applicant or through site visits, the member shall disclose all such information and/or evidence acquired from such contacts, which is not otherwise included in the written or oral staff report, during the public hearing, and before the public comments period is opened.
Matters are "pending" when an application has been filed. Information and evidence gained by members via their attendance at noticed public hearings before subordinate boards and commissions are not subject to this rule.
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Council Special Meeting, 9/27/2023, Item No. 2., Item Page 40, Packet Page 77 Thousand Oaks Municipal Code (1984)
Sec. 1-10.08. Ex parte communications.
No official or employee shall encourage, make or accept any ex parte or other unilateral application or communication that excludes the interests of other parties in a matter under consideration when such application or communication is designed to influence the official decision or conduct of the official or other officials, employees or agencies in order to obtain a more favored treatment or special consideration to advance the personal or private interests of him/herself or others. The purpose of this provision is to guarantee that all interested parties to any matter shall have equal opportunity to express and represent their interests.
Any written ex parte communication received by an official or employee in matters where all interested parties should have an equal opportunity for a hearing shall be made a part of the record by the recipient.
Any oral ex parte communication received under such conditions should be written down in substance by the recipient and also be made a part of the record.
A communication concerning only the status of a pending matter shall not be regarded as an ex parte communication.
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Council Special Meeting, 9/27/2023, Item No. 2., Item Page 41, Packet Page 78 Council
Agenda Report
FROM: Hans Uslar, City Manager
Prepared by: Nat Rojanasathira, Assistant City Manager
SUBJECT: Receive Update on the 2023 City Staff Work Program (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:
That the City Council receive an update on the 2023 City Staff Work Program.
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.
Foster a local government that is transparent and collaborative; and solicits, welcomes and appreciates input from all.
POLICY IMPLICATIONS:
Receiving an update on the 2023 City Staff Work Program supports the Council’s value driver of “fostering a local government that is transparent and collaborative; and solicits, welcomes, and appreciates input from all.”
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 not to receive an update on the 2023 City Staff Work Program; however, this is not recommended.
Date: 9/27/2023
Item No.: 3.
Council Special Meeting, 9/27/2023, Item No. 3., Item Page 1, Packet Page 79 DISCUSSION:
Twice a year, the City’s executive team and staff refine its list of major initiatives and priorities.
Short and long-term policies, programs, and projects that are not part of the City’s routine service delivery are items that make up the City Staff Work Program. Each work program item falls into one of the City’s Strategic Priorities. These are typically presented to the City Council in January and August. At its regular meeting on August 15, 2023, the City Council will receive an update on the 2023 City Staff Work Program (Attachment 1), which are categorized based on the City’s Value Drivers and Strategic Priorities. For reference, the City Staff Work Program form one year ago is attached (Attachment 2).
This discussion is part of a regular effort of the Monterey City Council to review and discuss the City’s priorities for the year, which have taken place since 2020.
The City has established cascading goals, where the:
Vision is a description of Monterey’s “desired future,” Mission identifies the role of the City of Monterey in pursuing the City’s Vision; Value Drivers identifies what is important to the community to support the City’s Mission; Strategic Priorities describes how the City can advance its goals in support of the Value Drivers; and the
City Staff Work Program is a set of specific program, policy, or projects that support the City’s Strategic Priorities.
Attachment: 1. 2023 City Staff Work Program, Updated August 2023
2. 2022 City Staff Work Program, Submitted to Council in August 2022 Writings distributed for discussion or consideration on this agenda item, pursuant to Government Code § 54957.5, are posted at https://monterey.org/Submitted-Comments within 72 hours of the meeting.
Council Special Meeting, 9/27/2023, Item No. 3., Item Page 2, Packet Page 80 ATTACHMENT 1
CITY OF MONTEREY
Vision, Mission, Value Drivers,
Strategic Priorities, and
2023 City Staff Work Program
Monterey City Council
August 15, 2023
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Vision Statement
"Monterey: A beautiful, special place to live, work, and visit. Anda!” ______________________________________________
Mission Statement
"In partnership with our entire community, the Monterey City Council provides visionary leadership ensuring a safe, healthy, historic, economically vibrant, and sustainable environment."
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Value Drivers
The Value Drivers are numbered for reference only, not in order of importance.
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Value Driver #1: 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.
The Council is committed to ensuring Monterey retains its special character, which derives from its heritage, size, and location. The Council also is committed to ensuring that Monterey is a safe, affordable, and inclusive place to live, work, and visit. Diversity, equity and inclusion, affordable housing, public safety, and community collaboration are cornerstones contributing to Monterey’s quality of life.
Quality of Life Strategic Priorities:
Ensure the health and wellness of the community through emergency operations, clear communication with the public, issuing emergency orders as necessary, adopting eviction protections, hosting blood drives, and providing food security.
Health & Wellness Strategic Priority - Staff Work Program Efforts:
Support food security by working with community partners to provide meals and fresh produce to individuals and families in Monterey during the holiday season.
Over 2,000 Thanksgiving and Christmas Meal Kits were distributed during the 2022 holiday season at El Estero Park Center parking lot in partnership with the Food Bank for Monterey County and Kiwanis Club of Monterey. Monterey Recreation will be supporting holiday distribution efforts in 2023 on Wednesday, November 22, and Thursday, December 21.
Provide important nutritional services for Senior Citizens at Scholze Park Center.
Ongoing programs include Meals on Wheels programs and a weekly Produce Pick Up.
The City distributed 3,123 meals for seniors in 2022 and 1,988 meals for seniors during the first six months of 2023. In partnership with the Food Bank for Monterey County, the City served 2,634 people through the walk-up produce distribution program at Scholze Park Center for the first six months of 2023.
Continue to offer monthly blood drives at Hilltop Park Center in partnership with the American Red Cross. For the first half of 2023, the City helped collect 164 pints of blood in partnership with the American Red Cross.
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Continue to provide an annual Healthy Eating Active Living (HEAL) Report Published the latest HEAL Report in February 2023.
Engage the public on a potential ordinance restricting smoking in multi-family housing units.
Policy issues may be scheduled in the future.
Adopt an ordinance restricting the sale of flavored tobacco and vaping products.
Adopted by the City Council in August 2022, which was to take effect on February 28, 2023. New State guidance affects local jurisdictions; an updated ordinance was presented to and adopted by the City Council in May 2023. Provide feedback to the Governor’s Office and State Legislature regarding behavioral health reform, the SB 326 (Eggman) Behavioral Health Services Act, and AB 531 (Irwin) Behavioral Health Infrastructure Bond Act of 2023.
Council provided feedback to staff at its meeting in July 2023. Track and manage funds from the City’s share of the nationwide opioid litigation settlement of $26 billion reached with the three largest pharmaceutical distributors and the parent corporation which manufactured and marketed opioids.
The City receives and tracks approximately $35,900 per year, a total of roughly $647,600 over 18 years –which the City can use to combat substance abuse and related issues.
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.
Public Safety Strategic Priority - Staff Work Program Efforts:
● Complete the Standards of Coverage and Community Risk Assessment Study and explore opportunities to regionalize and improve fire services effectiveness.
The study was completed and presented to the City Council in May 2022. Future discussions about regional fire services and coverage will continue with the community in 2023. The City of Monterey is in discussions with the City of Carmel-by-the-Sea on potentially transitioning ambulance staff from Carmel to the City of Monterey or exploring a regional joint powers authority model. On August 1, 2023, the Monterey City Council authorized the Monterey City Manager to enter into an agreement with the Monterey Peninsula Airport District for the City provide fire services to the Airport; terms of this Council Special Meeting, 9/27/2023, Item No. 3., Item Page 7, Packet Page 85
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
agreement are being finalized.
● Implement the new Police Records Management System (RMS).
Approved in 2021/22; this projected 18-month long project was scheduled to go live in February 2023 but has experienced delays due to the lack of vendor performance. The Police Department and Information Systems Division has devoted many staff hours to this project. This effort will meet the needs of the Police Department, and new State mandates, and improve efficiency through modern technology. ● Complete the Central Public Safety Facility Study to address the 1959-constructed, aging, and outdated infrastructure at the public safety campus, home to Fire Headquarters, Downtown Fire Station 11, Police Facility, and the Emergency Operations Center (EOC) Campus.
Council approved funding the study in 2021, with additional funding allocated in 2022.
The study began in fall 2022 and will be completed in 2024. A check-in with Council will take place in fall 2023.
● Develop a Local Roadway Safety Plan, a ‘crash data’ driven safety evaluation which develops and prioritizes systemic safety improvements.
The City was awarded grant funding from the Federal Highway Administration in 2023; the planning process will begin in 2023 and be completed by 2025. ● Replace the aging Fire Department fleet.
Took delivery of two new Type 1 (structure) engines and one Type 3 (wildland) engine in 2021. Command vehicles ordered and received in 2022. The City Council approved the purchase of a Pierce 107’ tractor-drawn aerial truck for $1.7 million in October 2022.
The City Council has appropriated funds for up a $200,000 Urban Search and Rescue (USAR) response truck and trailer unit in late 2023.
● Safely manage the multiple special events held in Monterey.
In 2022 the Police Department managed sixteen special events spanning 29 days of special event staffing. These events, such as the Monterey Jazz Festival, 4th of July Parade, Monterey County Fair, Car Week, Monterey Bay Half Marathon, and California Roots Festival, are covered by Police Department staff working overtime outside of their normal assignments.
● Conduct an analysis of Fire Service Contracts the City of Monterey provides to other agencies, including the cities of Carmel-by-the-Sea, Pacific Grove, and Sand City, as well as the U.S. Navy at La Mesa Village and the Monterey Peninsula Airport District to review the contract models’ cost recovery and fiscal viability for the City of Monterey.
Began analysis with consulting firm Baker Tilly in late 2022; analysis completed in April 2023. Taking the analysis into consideration, Monterey developed the cost proposal submitted to the Airport in response to their RFP incorporating one of the Council Special Meeting, 9/27/2023, Item No. 3., Item Page 8, Packet Page 86
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
recommendations made in the study. Similarly, a cost projection for the City of Carmelby-the-Sea for a possible change in contractual services there included that same recommendation.
Prepare for emergencies and support community resiliency Emergency Preparedness Strategic Priority - Staff Work Program Efforts:
Offer ongoing Community Emergency Response Team (CERT) training and support to community members.
Trained 36 new members in March and April 2023. New member classes are scheduled for October 2023. During the first six months of 2023, CERT teams logged over 750 hours and 184 member responses to 11 activations as a result of winter storms and missing persons.
Work with the California Department of Conservation to update tsunami signage and education to reflect the newly-adopted Tsunami Inundation Maps Tsunami Evacuation Plan and Playbooks, staff training, and signage plans are being updated in coordination with Monterey County and the State of California; project is scheduled for completion in 2023.
Update the General Plan Safety Element.
City Council allocated City funds on July 19, 2022, to start the Safety Element. The Element will be completed by 2023 in conjunction with the Housing Element update.
Project is on schedule to be completed by spring 2024.
Due to increased shark activity in the area, prepare signage and a Standard Operating Procedure for incidents involving sharks. The staff has researched information from the State as well and implemented signs for use during shark incidents on the Monterey Peninsula.
Continue to look for grant funding to upgrade or repair existing infrastructure and maintain resiliency.
Ongoing. Staff is currently pursuing the “Protect” grant for resiliency projects to include the tunnel and Lake El Estero pumps and generators. Staff has applied for Mark Thomas Bike Lane project for Active Transportation Program and Del Monte and Washington intersection improvements for Regional Surface Transportation Program. In addition, Council Special Meeting, 9/27/2023, Item No. 3., Item Page 9, Packet Page 87
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
staff is also pursuing a NOAA Resilience and Adaptation Action grant. Continue Fuel Reduction efforts to remove invasive species and flammable understory in greenbelts within and adjacent to City neighborhoods.
In 2022, spent $560,000 completing fuel reduction work. Efforts will continue in 2023; so far $348,000 in work has been completed. In FY2022/23 NCIP funded $330,000 for Fuel Reduction across the City including in the Alta Mesa, Fishermen Flats, Monterey Vista, Old Town, and Skyline Neighborhoods. Additionally, NCIP funded $275,000 for Fuel Reduction specifically at the Old Capitol Site. NCIP has recommended funding $750,000 for Fuel Reduction/Forest management in FY2023/24. Grant funding is also being pursued. City applied for OES grants to fund in the total amount of $480,000. Engage and collaborate with various local and federal partners to plan, prepare, and exercise for emergency natural and man-made catastrophic incidents.
The Monterey Police and Fire Departments consistently work with the Monterey County Office of Emergency Services for planning a response to incidents such as Car Week, potential and actual flooding, storms, and weather-related incidents. The Police Department participated in active shooter training exercises with the Naval Postgraduate School, FBI, local and state law enforcement partners, the Monterey County Office of Education, the Monterey Peninsula Unified School District, U.S. Coast Guard Station Monterey, and the U.S. Army Garrison Presidio of Monterey. Collaborate with the U.S. Coast Guard on training exercises.
On September 10, 2022, the City of Monterey co-sponsored an educational and training event with the U.S. Coast Guard Station Monterey, U.S. Naval Air Station Lemoore, and other community partners at San Carlos Beach Park. The next U.S. Coast Guard Missions Day is scheduled for September 17, 2023.
Develop a Community Wildfire Protection Plan.
The City has contracted with Dudek to develop the plan. Work is progressing with a planned completion in August 2023.
Through executive training, build resiliency on emerging homeland security issues, including international and domestic threats and hazards, cyber and technology challenges, crisis and risk communication.
Police Chief and Assistant City Manager completed the Center for Homeland Security and Defense (CHDS) Executive Leaders Program at the Naval Postgraduate School in spring and summer 2023, respectively.
Conduct a hotwash and After Action Review following the 2023 Winter Storms and Pineapple Express EOC activations, and collaborate with PG&E and Verizon for electricity and mobile communications resiliency.
Conducted the After Action Review in July 2023 with participation from the County of Council Special Meeting, 9/27/2023, Item No. 3., Item Page 10, Packet Page 88
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Monterey Department of Emergency Management. Continued preparedness and responses planning efforts with PG&E and Verizon Wireless to improve resiliency.
ACM published article about Emergency Management in August 2023 ICMA PM Magazine.
Manage efforts to prepare for, respond to, and recover from disasters by managing an effective Emergency Operations Center, including coordination with FEMA, CalOES, Monterey County Department of Emergency Management, City departments, and community stakeholders.
Activated the EOC and responded effectively to the winter rain events in January and March 2023.
Foster opportunities for the public to stay physically and mentally active through activities and services in our parks, trails, beaches, campgrounds, sports center, and community centers.
Physical and Mental Activity Strategic Priority - Staff Work Program Efforts:
● Resolve pickleball discord and balance the needs of pickleball players, tennis players, and neighbors at Via Paraiso Park.
The two tennis courts at Via Paraiso Park were resurfaced and restriped on May 1, 2023. One new pickleball court was created and the non-tennis court lines were removed from the tennis court. There is now unrestricted access to a dedicated tennis court and two pickleball courts at Via Paraiso Park. This project was completed by Parks staff with funding from NCIP. The improvements have been well received and there have not been any reported conflicts.
● Conduct the Monterey Sports Center Operational Analysis to research the fiscal viability, optimize operations, and enhance the community facility’s performance.
Operational Analysis launched in July 2022 with a consultant, Sports Facilities Companies. Completed in spring 2023 and presented to the City Council May 24, 2023. ● Implement New (or Reinstating/Reinventing) Programs and Services at Monterey Sports Center.
As staff capacity and City resources allow, the Sports Center will investigate and analyze programs and services such as the Sports Cafe and Kids Zone services. Currently staff is conducting research and outreach, as well exploring different options (including those from the consultant) that will be cost effective and revenue generating. Progress planned for January 2024.
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
● Expand hours at the Monterey Sports Center.
The Monterey Sports Center expanded hours on July 31, 2023. The newly expanded hours will include extended evening hours 7 days a week, with the Sports Center open until 9:00 p.m. Monday through Friday and until 5:00 p.m. on Saturday and Sunday. ● Organize summer camps and programs that provide opportunities for youth to stay active in City parks and facilities while also providing childcare for working parents.
Outdoor camp programs for 2023 included Beach Volleyball, Challenger International Soccer, Flag Football, Basketball, Track and Field, and Summer Fun Playground Program. In addition, 2023 was a record summer for Monterey Sports Center’s Sports Camp. One of the largest summers yet, with an attendance of over 100 campers each week for 10 weeks for a total of over 1,000 campers. The Recreation Division continued to rebuild traditional summer camp programs by offering 6 weeks of Camp Quien Sabe Youth Overnight Camp program at Toro Park and 7 weeks of Whispering Pines Day Camp. These two camps completed the Summer 2023 season, each serving approximately 60+ campers each week. Total enrollment for all summer camps offered by the Parks & Recreation Department was approximately 2,426 campers. ● Serve individuals and families of all ages at the Sports Center and community (park) centers by offering opportunities for both mental and physical activity.
In 2023, continued restoration and expansion of programs at El Estero, Scholze, and Hilltop Park Centers, and for North Monterey, programs offered included preschool, ceramics, music instruction, fencing, gymnastics, dance classes, Pilates, chess and art classes, as well as specialty camps such as Tiny Tots Summer Camp, Lego Camp, and Woodworking Camp. Opportunities for seniors to engage with others socially and physically with activities like Tai Chi, Chi Gong, Watercolor, Bridge, Bingo and Line Dancing. The Sports Center continues to offer popular programs for youth, including basketball clinics, volleyball lessons, martial arts, swimming lessons, and more. Offered 350 programs with 31,229 participants in FY 2022/23 through the Recreation Division. ● Offered special events that foster community.
Events included the Bunny Hop Photo Op, STEAM in Montecito Park, and Monterey’s Big 4th of July Celebration and Backyard Food Fest. Movie Night at Casanova Oak Knoll Park Center is being planned, as well as other activities. ● Continue providing support services for seniors.
Continue partnering with the Monterey Salinas Transit Taxi Voucher Program, AARP Smart Driver Course, Aspire Health and Alliance on Aging for Peer Counseling, Tax Prep, Ombudsman and other programs serving seniors 55 and older. ● Begin long-term planning and community engagement efforts for the future of the Old Capitol Site.
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
The Old Capitol Site Master Plan was funded in the 2022/23 NCIP. City Council awarded additional NCIP funding in July 2023. The Master Plan will be developed with the help of BFS Landscape Architects to include community outreach sessions. The Master Plan efforts are underway to secure a contract with BFS. The study is scheduled for completion in FY 23/24.
Provide learning opportunities and foster community connection through the Monterey Public Library
Monterey Public Library Strategic Priority - Staff Work Program Efforts:
Provide programs for all ages – that inform, inspire, build community engagement, promote reading, celebrate Monterey’s rich past, and support community priorities of economic, mental and physical health, and social justice.
Ongoing.
Identify funding sources for Library facility renovation in conjunction with the Central Public Safety Facility Study.
Building Forward Infrastructure grant from California State Library has been identified as a potential source of critical infrastructure renovations. Application submitted to California State Library focusing on energy efficiency and sustainability upgrades of the current facility. California State Library is currently reviewing applications. Provide bookmobile services to neighborhoods
The new bookmobile is funded and scheduled to arrive in fall 2023. The Bookmobile stops as of August 1, 2023 include Casanova Oak Knoll, La Mesa, Montecito Park, Park Lane, and Merrill Gardens. The Bookmobile has extended its stops to City preschools at El Estero and Hilltop and pop-up outreach events at community functions and at Bay View Academy’s Upper and Lower School campuses.
Work with local partner agencies to update the Children’s Reading and Learning Area with dedicated funds raised through the Monterey County Gives! Campaign.
Monterey Public Library Friends & Foundation have raised $53,710 in funding through Monterey County Gives. Library has met with community partners at Montage Health’s Ohana and First 5 to discuss inclusive spaces and reached out to other agencies. The Library has received a Stronger Together Early Learning Hub grant for $188,700 towards the Children’s area. Library is currently and planning and procurement stage, with funds planned to be spent by June 2024.
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Inspire learning through Arts and Art programming.
Muralists Natalia Corazza and Raven Cook have completed a Young Readers Mural at the Library Terrace. The Library Friends & Foundation have approved funding for new furniture for the terrace. The Library has allocated funding to move the glass barriers on the terrace to allow access to the garden on the Library terrace, near the mural. Implement facility enhancements.
Façade improvements completed, including landscaping and sidewalk repairs. Additional upgrades include exterior paint and HVAC covers. Interior upgrades to install new lobby display equipment, upgrades to the Solarium Conference Room, lighting and carpet for the Community Room, and hanging art system for rotating art in the Community Room. Implement furniture enhancements.
The Library Friends & Foundation have provided funding for new furniture for the Library terrace and public spaces in the Library. California State Library grants will provide funding for additional furnishings within the library. Complete by early 2024. Work with local partner agencies or non-profit groups to reopen Etta’s Café.
Release an RFP for café operations with a nonprofit to provide services within the cafe space at the library.
Expand Monday hours at the Monterey Public Library.
The Library will restore limited-service hours on Mondays to enhance our service to the community by January 2024.
Increase Library and Museum programming in the Monterey Public Library and at Colton Hall.
Resume poetry, music, and art programs at our Library and Museum sites in 2023-24. Expand access to Monterey Public Library through a book vending kiosk.
Add a self-service library book retrieval machine at another location in Monterey. This will be a self-contained unit at a partner location, allowing increased access to Library materials. Implement by March 2024.
Increase digital access to California History Room and museum materials.
The Library has received a California Revealed grant to digitize 1949 Rey Ruppel photographs and will digitize additional collections. The first collection has been sent to California State Library for digitization and should be completed by late 2023. The Library has begun digitizing local VHS collections to add to streaming collections and added archive records to the Online Archive of California.
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Respond effectively to neighborhood concerns.
Neighborhood Concerns - Staff Work Program Efforts:
● Work with the Laguna Grande Regional Park Joint Powers Authority to adopt a Laguna Grande Regional Park Trail Maintenance Strategy.
Laguna Grande Regional Park Trail Maintenance Strategy was adopted by the Laguna Grande JPA, City of Monterey, the City of Seaside and the Monterey Peninsula Regional Park District during the summer of 2023. The Mitigated Negative Declaration and Mitigated Monitoring and Reporting program was also adopted by all four legislative bodies. Agencies are also filing the Notice of Determination in summer of 2023. The next step is to collaborate with all agencies to develop the scope permit preparation, permit applications, etc. in 2024.
● Conduct tree mapping and inventory to address the health of Monterey’s forests and greenbelts.
Tree mapping begun in 2021 and is ongoing.
● Continue efforts on the Small Cell Ordinance.
The Planning Commission hosted five public hearings on the draft Small Cell Ordinance during 2022. The City Council received an update in January 2023, held public hearings for readings of the Ordinance in February and March 2023, and adopted the Ordinance in April 2023.
● Continue the implementation of North Fremont Corridor underground utility projects utilizing Rule 20A funding.
Planning and coordination efforts will continue in FY 23/24 to ensure the City’s Rule 20A work credits received will be fully utilized prior to the December 2033 sunset date of the Rule 20A program.
● Work with Verizon Wireless to discuss mobile phone and emergency calling reliability concerns due to events at the Monterey County Fairgrounds.
Staff is working to address these concerns directly with Verizon Wireless. The company has committed to expanding service on Fairgrounds (State) property to increase service capacity during special events, thereby reducing impacts to surrounding neighborhoods.
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Fund projects for the betterment of Monterey’s neighborhoods through the Neighborhood and Community Improvement Program (NCIP).
NCIP - Staff Work Program Efforts:
● Continue funding the NCIP at appropriate levels.
The NCIP is currently funded at 16% of Transient Occupancy Tax (TOT) Revenues.
NCIP Committee meetings resumed in Jan 2022. The City Council funded 30 NCIPrecommended projects with an additional five Cut-Off projects if there was sufficient funding to complete the additional five projects in September 2022. NCIP Projects are ongoing and new project submittals were submitted in February 2023 for the 2023/24 program cycle. The NCIP Committee evaluated and voted on 93 projects for recommendation to City Council for funding on June 1, 2023. City Council will review and fund NCIP projects on September 19, 2023.
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Value Driver #2: Protect and preserve our natural environment by addressing climate change through ecologically responsible and pragmatic solutions.
The City Council recognizes the necessity of bold, pragmatic, and thoughtful solutions to protect our natural environment for future generations. Community decisions on transportation, land use, sea level rise, coastal protection, forestry, and city government operations can have a positive impact on our environment locally, regionally, and globally.
Protecting Our Environment - Strategic Priorities:
Protect the Monterey Bay National Marine Sanctuary and our environmental assets from pollution.
Monterey Bay National Marine Sanctuary - Staff Work Program Efforts:
● Update the Local Coastal Plan (LCP).
Draft Coastal Land Use Plan is being prepared. The draft plan will be released for public review by mid-2024.
● Implement Stormwater/Water Quality Protection Regulatory Permit activities as well as Sanitary Sewer Collection System/Water Quality Protection Regulatory Permit activities.
Ongoing in 2023.
● Manage the 951 Del Monte Avenue Groundwater Remediation Project, a City property at Window on the Bay Park, with legacy dry cleaning solvent contamination.
Ongoing in 2023
● Continue ongoing regional and stakeholder partnerships to implement regionally prioritized stormwater quality capture and treatment project opportunities involving City utility infrastructure, with the goal of better protecting the environment and water quality of local waterways, such as streams, lakes, and the Monterey Bay National Marine Sanctuary.
Ongoing in 2023
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Develop a long-term strategy for Municipal Wharf No. 2 and a sustainable fishing industry.
Sustainable Fishing and Municipal Wharf No. 2 - Staff Work Program Efforts:
● Support sustainable fishing activities
Provided an annual financial contribution to the Monterey Bay Fisheries Trust (MBFT).
Monterey remains only coastal community to financially contribute to MBFT. Continue dialogue with local fishermen and MBFT to find ways to support the industry through recent fishery closures.
● Support efforts to remove derelict and abandoned vessels in the Monterey Harbor area.
Applied for and received grant funding from the California Department of Boating and Waterways for the removal of derelict and abandoned vessels. Retrieved a barge that detached from the Monterey Bay Aquarium during winter 2022/23 Storms. Continuing to work with the Monterey Bay National Marine Sanctuary (MBNMS) and local stakeholders on developing funding sources for abandoned vessels.
Continue efforts to reduce greenhouse gas emissions (GHG).
Reduce Greenhouse Gas Emissions - Staff Work Program Efforts:
● Support efforts to expand existing solar energy arrays on City buildings.
Solar array project at the Monterey Conference Center completed. Expansion efforts ongoing for 2023.
● Continue to implement California’s Short Lived Climate Pollutants (SB 1383) requirements.
Efforts include outreach, education, monitoring, and enforcement tasks related to organic waste and edible food diversion from the landfill. ● Build partnerships and expand capacity in the Sustainability Office to monitor and track Citywide goals to reduce GHG.
In fall 2023, the Sustainability Office will host a fellow from Singapore as part of the Council Special Meeting, 9/27/2023, Item No. 3., Item Page 18, Packet Page 96
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Young Southeast Asian Leadership Initiative (YSEALI) Professional Fellows Program, sponsored by the International City/County Management Association and the U.S.
Department of State. In late 2023, the Sustainability Office will also host a graduate student intern from the Middlebury Institute of International Studies.
Expand access to electric vehicle infrastructure and encourage sustainable transportation.
Electric Vehicle Infrastructure - Staff Work Program Efforts:
● Expand opportunities for Electric Vehicle Charging Stations in the Waterfront Lot, parking garages, and parking lots.
The City is in the last phase of lease negotiations to increase EV charging stations in the waterfront lot. The City began upgrading EV charging stations to the ChargePoint network in fall 2022 for more efficient use of charging stations and cost recovery. The City has applied for grant funding to expand public EV charging stations throughout the City.
● Continue to integrate low-emissions and electric vehicles into the City’s fleet.
The City plans to introduce at least six new EVs into the City’s fleet in 2023/24. Limited supply of utility EVs, pricing, and heavy markups of electric vehicles limits the City’s ability to transition to EV quickly. The City received a Plan Your Fleet grant from Central Coast Community Energy (3CE) to plan for the City’s fleet and infrastructure needs. The City staff has formed an internal Vehicle and Infrastructure Electrification Committee. ● Implement a City-wide Vehicle GPS/Telematics Program.
Development of the program is in its infancy, but necessary to meet new California Air Resources Board (CARB) regulations.
● Apply for and collaborate with the Association for Monterey Bay Area Governments (AMBAG) on Federal Grant for EV Charging Infrastructure. The City is one of several municipalities that submitted potential public EV charging sites as part of the AMBAG grant.
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Value Driver #3: 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.
The City Council is committed to balancing economic activity by supporting Monterey’s economic drivers, including but not limited to hospitality, academia, health care, retail, military, and fisheries. The Council also recognizes that continued prudent fiscal discipline helps ensure the high quality of life and services for residents; strategies include appropriate service levels, optimizing City operations, driving innovation that leverages technology and business solutions, ensuring workforce compensation and benefit structures are both competitive and financially sustainable, ensuring appropriate municipal infrastructure needs are addressed, implementing appropriate revenue enhancement opportunities, providing reliable and timely fiscal reporting, and fostering community partnerships.
Fiscal Stewardship - Strategic Priorities:
Carefully manage City revenues and expenditures which support the delivery of City services.
Manage City Revenues and Expenditures - Staff Work Program Efforts:
● Codify repayment plans for long-term interfund borrowing. Implement the plans to ensure interfund debt is repaid. Address inconsistencies in reporting between all debt service.
Updated documentation of long-term interfund borrowing has been presented in the FY23-24 budget book, inclusive of balances and pay off dates. This presentation will continue in all future budget books. Completed
● Review, clarify, update, and simplify the City’s business license processes, including timely collection.
Updates have been completed with revisions to be sent to the City Attorney’s Office for approval and changes to ordinance and city code where necessary. Expected to be brought to the City Council by November.
● Hire Business License Inspector to implement updated processes and canvas locations to ensure compliance and collection of all fees due to the City.
In progress. Interviews scheduled August 2023. Expected completion September 2023.
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● Review, improve, and implement updated purchasing processes, including monitoring outdated encumbrances.
Ongoing.
● Review, improve, and implement updated Purchasing Card processes, including monitoring card limits and adherence to the purchasing authorization policy.
Established formal request form for requesting and increasing/decreasing spending limits in Fall of 2022. Continuing to refine process.
Ongoing.
● Explore existing funding models for lifeguard services at beaches in Monterey.
Began discussions in spring 2023 with California State Parks regarding the provision of lifeguard services and support at Municipal Beach, Del Monte Beach, Navy Beach, and Monterey State Beach. Resolution planned by February 2024.
Consider appropriate revenue enhancements to support City services and operations.
Revenue Enhancements - Staff Work Program Efforts:
● Continue the Cannabis Retail Roadmap Implementation.
In spring 2023, City Council directed staff to plan for up to four cannabis retail locations and limited events at the Monterey County Fairgrounds. The updated draft ordinance, environmental review, and application documents are planned to be brought to Council by November 2023.
● Implement a Cannabis Business License Tax.
Cannabis Business License Tax was approved by voters in November 2022. The tax could generate between $604,000 to $1.3 million in revenue annually. No updated projections are available until after the ordinance has passed and the vendors have been selected.
● Implement Modest Fee Increases in Parks and Recreation.
Reviewed the fee schedule for the Parks and Recreation Department in Spring 2023 to ensure a balance of providing affordable Recreation programs and services that meet the needs of the community while accounting for the cost of providing the service, enrollment, and surveys of fees for similar services offered in other communities. Fee increases were approved by City Council and went into effect July 1, 2023. At current FY23 projections, 6-6.5% of total revenue would be approximately $241,857 for FY24.
Council Special Meeting, 9/27/2023, Item No. 3., Item Page 21, Packet Page 99
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
● Contract with a service provider to perform Transient Occupancy Tax (TOT) audits.
Audits for 1st and 2nd phases have been completed. After adjustments to the billing, the City has collected in excess of $683,000 to date of unpaid taxes. Phase 3 of the audit is wrapping up and billing will be released by September 2023. Phase 4 is scheduled to begin in August 2023 and the final phase 5 is scheduled to begin in December 2023. ● Develop a comprehensive City-wide process for collection of fines and fees for issued citations.
Ongoing.
Restore and establish City reserves at levels that provide fiscal resiliency and the ability to address various economic and natural disasters.
City Reserves - Staff Work Program Efforts:
● Maintain the Fund for Economic Uncertainty at 16.6% of general fund operating expenses.
The reserve amount was increased to 18%, at the 2022 Mid-Year budget. The balance on June 30, 2022 in the Economic Uncertainty reserve was $14,756,207. During the FY 2022-23 budget cycle the general fund operating expenses increased, which required additional funding of approximately $210,000 to again restore the fund to the 16.6% policy target. The amount was included in the FY 2022-23 budget adopted on June 26, 2022. Completed and updated.
● Target to increase the Economic Uncertainty Fund to at least 20% of operating expenses by FY22/23 year-end.
At the June 6, 2023 council meeting, Council formally adopted and/or updated reserve policies. The Fund for Economic Uncertainty was increased to 20% of general fund operating expenses. During the FY 2023-24 budget, an additional amount of $2.2 million was allocated to bring the balance to 20% of the current adopted operating budget.
Completed.
● Establish a Conference Center Facilities Reserve Fund.
The Conference Center facilities Reserve Fund was created and funded with $750,000 at FY 2021-22 Mid-Year budget. An additional contribution of $250,000 was approved with the adopted FY 2023 budget. The fund target is to accumulate $10M by the year 2030. At the June 6, 2023, council meeting, Council formally adopted a reserve policy to fund the Conference Center Facilities Reserve fund at $750,000 per year. The balance as of June 30, 2023 was $1.75 million. Completed.
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● Establish a Sports Center Facilities Reserve Fund.
The Sports Center facilities Reserve Fund was created and funded with $750,000 at FY 2021-22 Mid-Year budget. An additional contribution of $250,000 was approved with the adopted FY 2023 adopted budget. At the June 6, 2023 council meeting, Council formally adopted a reserve policy to fund the Sports Center Facilities Reserve fund at $500,000 per year. The goal is to build and maintain an amount equal to 10% of the outstanding deferred facilities maintenance costs. The balance as of June 30, 2023 was $1.8 million.
Completed.
● Establish a Pension Reserve Fund to address the unfunded Pension Liability and Other Post Employment Benefit (OPEB) Liability.
Total Pension and OPEB Liability is at $103,060,020 as of the last actuarial date of June 30, 2020. In October 2022, Council adopted a pension reserve fund authorizing annual funding of $1 million to $2.5 million each year. An initial contribution of $1 million was approved with the FY 2021-22 Mid-Year budget, an additional $1 million allocation was included in the adopted FY 2022-23 budget. On March 21, 2023, Council approved an additional $2 million to fund along with the establishment of the Section 115 Trust with initial funding of $2 million. Completed.
● Establish a Sea Level Rise Contingency Fund (Tidelands).
The establishment of a Sea Level Rise Contingency Fund within the Tidelands Fund was implemented in June 2022 with an initial contribution of $250,000. An additional $250,000 was approved in the FY2022-23 budget. At the June 6, 2023 council meeting, Council formally adopted a reserve policy to fund the Sea Level Rise Contingency Fund within the Tidelands fund with funding of $250,000 per year for FY24-FY28 with increasing amounts through year ten. Further, other sources of funding should be evaluated to increase annual contributions where feasible. Completed. ● City Facilities Reserve Policy. At the June 6, 2023 council meeting, Council formally adopted a reserve policy to fund the City Facilities Reserve fund. An annual contribution of $250,000 per year will be made until reaching the goal of reaching 10% of the cost of the deferred facilities maintenance list to be evaluated annually during the budget process. Completed.
● Parking Fund: Parking Garage Facilities Reserve Policy. At the June 6, 2023 council meeting, Council formally adopted a reserve policy to fund the Parking Fund’s Parking Garage Facilities Reserve fund to maintain a minimum balance of $500,000 per year. At the adoption of the policy, an initial amount of $1.5 million would be allocated to the reserve fund from the Parking Funds’ available fund balance. Completed. ● Public Safety Facility & Maintenance Reserve Policy. At the June 6, 2023 council meeting, Council formally adopted a reserve policy to fund the Public Safety Facility & Maintenance Reserve fund at $250,000 per year. As one-time funds are identified, an Council Special Meeting, 9/27/2023, Item No. 3., Item Page 23, Packet Page 101
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increased amount will be brought back to the council to increase the amount to accumulate funds to the City’s goal of $10 million. Completed. ● Library Facility & Maintenance Reserve Policy. At the June 6, 2023 council meeting, Council formally adopted a reserve policy to fund the Library Facility & Maintenance Reserve fund at $250,000 per year. As one-time funds are identified, an increased amount will be brought back to the council to increase the amount to accumulate funds to the City’s goal of $10 million. Completed.
Support business retention and business attraction efforts through partnerships with local business, business associations, and the chamber of commerce.
Business Retention & Attraction - Staff Work Program Efforts:
● Continue collaborative efforts with the business community and business associations.
Continue liaison roles and participation in regular business association meetings between City staff and the City’s business associations: Old Monterey, North Fremont, New Monterey, Cannery Row, and Fisherman’s Wharf.
● Actively participate and engage with business organizations on a regular basis.
Continue participation in meetings with the Old Monterey Business Association, New Monterey Business Association, Fisherman’s Wharf Association, North Fremont Business Association, Cannery Row Business Association, and Monterey Peninsula Chamber of Commerce.
Support our military installations (U.S. Army Garrison Presidio of Monterey, Naval Support Activity Monterey, and U.S. Coast Guard Station Monterey) as significant economic drivers in the region.
Support Military Installations - Staff Work Program Efforts:
● Provide base operations support for the Presidio of Monterey under an Intergovernmental Support Agreement.
A 10 years Intergovernmental Support Agreement (IGSA) was signed in April 2023.
Amendment negotiations are underway.
Council Special Meeting, 9/27/2023, Item No. 3., Item Page 24, Packet Page 102
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
● Complete the Monterey Bay Military Communities Compatible Use Study in collaboration with the Department of Defense, U.S. Navy, and U.S. Army.
Presented to Council in June 2023 and finalized.
● Continue to support the Monterey Bay Defense Alliance (MBDA).
Facilitate an updated Economic Impact Study in 2022. Hosted a successful Wregional meeting in June 2023 with representatives from Naval Support Activity Monterey, DLIFLC, Presidio of Monterey, Fort Hunter Liggett, and other partners. ● Continue collaboration on State-level advocacy through the California Defense Communities Alliance (CDCA).
Ongoing. Successfully requested and received support from Assembly Member Addis launched AB 444 California Defense Community Infrastructure Program. Support of AB 46 Military Services Retirement and Surviving Spouse Benefit Payment Act. Briefed Governors Military Council about Monterey’s Compatibility Use Study. ● Engage with Team Monterey partners to identify collaboration and potential federal funding sources.
Hosted a summit meeting in June 2023 with military partners from the Presidio of Monterey, Coast Guard Station Monterey, Naval Support Activity Monterey, Fort Hunter Liggett, and Fleet Numerical Meteorology and Oceanography Center leaders; and city leaders from Del Rey Oaks, Pacific Grove, and Seaside. Follow-up meetings regarding federal funding for local projects are planned.
Identify and seek grant funding opportunities for City services and infrastructure, including parks, recreation, library, museums, public safety, fire prevention, and planning.
Grant Funding - Staff Work Program Efforts:
● Seek, solicit, and manage federal, state, local, and nonprofit grants Citywide through a coordinated effort.
Continued working with our grants consultant in 2023 to help identify, apply for grants, and manage grant efforts across the City organization. Since December 2022, the City has received three grants totaling $153,471 in funding; currently pending are five grants totaling $1.45 million.
● Conduct facility repairs at the Monterey Sports Center utilizing California State Parks’ Per Capita (Proposition 68) Grant Funds.
Application submitted in January 2022; Council approved revenue appropriation in December 2022. Projects in progress in January 2023. Studio II windows have been replaced. Front doors have been replaced with an automatic sliding door and over half of Council Special Meeting, 9/27/2023, Item No. 3., Item Page 25, Packet Page 103
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
the natatorium doors have been replaced. Remaining natatorium doors on order to be installed in fall of 2024.
● Secure grant funding for Sollecito Ballpark improvements.
Council approved a $100,000 appropriation from Monterey Peninsula Foundation in December 2022. Project was completed in May of 2023.
● Secure a California American Water grant for a water-conserving landscape project at San Carlos Beach Park.
Council approved Grant Agreement in June 2023. Project to be completed by Fall 2023. ● Pursue U.S. Department of Agriculture (USDA) Urban and Community Forestry Grant.
Application submitted May 2023 and awaiting results from the grant application. ● Pursue California State Library grants.
In 2022 multiple California State Library grants were received: Stronger Together grant $152,087 approved to fund new Library Bookmobile. $188,700 approved for Early Learning Hub. $4,420 for Zip Books. The Library will continue to apply for grants that support library services, facilities, and operations.
● Pursue State and Federal transportation, infrastructure, and safety grants.
Staff will continue to prepare and submit applications in 2023. Fire Department submitted for a California Office of Traffic Safety grant to replace/upgrade vehicle extrication equipment and has received a tentative approval for award (subject to National Highway Traffic Safety Administration confirmation). If successful, the grant will be awarded in October. Implement grant-funded quick build project at Larkin and Madison as part of our Safe Routes to School efforts.
● Pursue FEMA Grant funds for Public Safety
Applied for an Assistance to Firefighters Grant (AFG) in February 2022 to replace emergency alerting system in fire stations. The grant was not awarded. An Assistance to Firefighters Grant (AFG) application was submitted in February 2023 for replacing/upgrading ladders and thermal imaging cameras. Notification of results is anticipated by Fall 2023.
● Received Local Early Action Planning Grant (LEAP), Regional Early Action Planning Grant (REAP) and Permanent Local Housing Allocation (PLHA) Funds.
Funding received in 2021 to Fund the Housing Element Update and other housing efforts due by 2023. The City Council authorized approximately $56,000 in PLHA funds to MidPen Housing to cover pre-development costs for the 100% affordable housing project behind City Hall. Loan paperwork is being drafted. The City Council also allocated LEAP and REAP funds in July 2022 to start the preparation of the Housing Council Special Meeting, 9/27/2023, Item No. 3., Item Page 26, Packet Page 104
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Element. State law requires the Housing Element to be adopted in December 2023. ● Secure Wet Utility (Storm & Sewer) Infrastructure Funding opportunities. $1 million State Budget Appropriation; ongoing collaborative funding agreement and project development efforts with the SWRCB, M1W, and MPWMD in support of a $1 million State Budget Appropriation for the El Estero Urban Diversion Project. Proposition 1 IRWM Implementation Grant Application (Feb. 2023); ongoing collaborative efforts with MPWMD and CA DWR for award of $500,000 grant to the City as a subgrantee for the Olivier Street Stormwater Urban Diversion Project (partners: MPWMD, IRWMP stakeholders, and M1W). Monterey Peninsula Water Management District, Local Agency Grant; utilizing $25,000 grant awarded to the City to complete Survey Services in 2023 to support the Olivier Street Stormwater Urban Diversion Project efforts. ● Explore opportunities to receive donations and community support for museums and other community efforts typically provided by nonprofit organizations.
Staff has been in discussions with the Community Foundation for Monterey County to establish ‘Agency Stewardship Funds’ that would receive donated funds for museums, sports center camperships, and other programs.
Prioritize funding models and sources for facility rehabilitation, repair, and replacement.
Funding Models and Sources for Facility Needs - Staff Work Program Efforts:
● Implement a new Parks and Recreation Facility Fee, diverting 5% of related fees to be used exclusively for facility repair and rehabilitation.
Adopted in December 2021; took effect January 1, 2022. At the end of FY22, the accumulated balance was $105K; the collected amount as of April 2023 for FY23 was $169K; the projected amount to be collected for FY24 is $255K. Completed. ● Establish a Monterey Conference Center facility reserve.
Created a reserve as part of the FY 2021/22 Mid-Year adjusted budget. At the June 6, 2023 council meeting, Council formally adopted a reserve policy to fund the Conference Center Facilities Reserve fund at $750,000 per year. The balance as of June 30, 2023 was $1.75 million. Completed.
● Funded critical projects in the Monterey Sports Center.
Funded key projects, including the dehumidifier, natatorium window tinting, water slide repairs, locker room floor rehabilitation, gymnasium floor resurfacing, etc. Water slide Council Special Meeting, 9/27/2023, Item No. 3., Item Page 27, Packet Page 105
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
repairs are complete. Natatorium window tinting and Kids Zone window tinting are complete. Locker room floors have been rehabilitated, and floor resurfacing in Studios I and II, as well as the Gymnasium, are complete. Studio I windows automation is complete. Pool covers have been replaced. The Exterior Paint project estimated completion in summer 2023. Projects slated for 2024 include a weight room upgrade, dehumidifier replacement, pool replastering, natatorium rehabilitation, etc. The design work for the dehumidifier is complete and will soon go out to bid. The weight room upgrade in progress and scheduled to be complete by January 2024. ● Perform a Sanitary Sewer Rate Study.
The Sewer Master Plan (SMP) project will be completed in 2023. The SMP will identify sanitary sewer infrastructure needs that will subsequently inform the Sewer Rate Study funding recommendations to be brought forth to Council for review.
Track, monitor, and respond to ongoing pension liability costs.
Pension Liability - Staff Work Program Efforts:
● Research options to address the City’s unfunded pension liability.
Efforts will continue in 2022; Council reviewed policy considerations in early 2022, and policy discussions were brought back to the City Council in September 2022. Council adopted a funding policy, reviewed the merits of a Section 115 trust, and instructed staff to bring back options on firms to establish and manage the trust. On March 21, 2023, Council selected Public Agency Retirement Services (PARS) as the Section 115 Trust Administrator. Contracts have been executed. The authorized $2 million initial funding is pending processing. Completed.
● Conduct a Request for Proposals (RFP) for a Section 115 Trust, select a firm and start funding the trust with funds set aside in the pension obligation reserve fund.
RFP is in process. In October 2022, Council adopted a pension reserve fund authorizing annual funding of $1 million to $2.5 million each year. An initial contribution of $1 million was approved with the FY 2021-22 Mid-Year budget. An additional $1 million allocation was included in the adopted FY 2022-23 budget. On March 21, 2023, Council selected Public Agency Retirement Services (PARS) as the Section 115 Trust Administrator and approved an additional $2 million as the initial funding to establish the Section 115 Trust.
Completed.
Council Special Meeting, 9/27/2023, Item No. 3., Item Page 28, Packet Page 106
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Drive innovation through technology and business solutions that enhance productivity and effectiveness for staff, as well as customer service for the public.
Technology and Business Solutions - Staff Work Program Efforts:
● Provide user-friendly, 24/7 access to registration for recreation programs, facility reservations, and Monterey Sports Center memberships through new recreation management software.
Implemented SmartRec software in December 2022 for Sports Center and Recreation Division members and participants. Project completed.
● Complete the cemetery mapping and software enhancements project.
Project began in early 2021 with estimated completion in second quarter 2025. ● Purchase and implement a new financial software (ERP) system. The system will be able to improve and streamline processes, improve budgeting functions, integrate with human resource functions, and provide more robust reporting.
Starting the RFP process for consultant in August 2023 to begin the selection process to be finalized in December 2023. Purchase and implementation commencing during the 2024 fiscal year.
● Implementation of new online permitting portal for Community Development.
Project restarted in June 2023. Portal in testing phase and expected to go live with online payments in August 2023 and building permits in fourth quarter 2023. ● Implementation of a new online service request portal and mobile-friendly solution for reporting Citizen concerns.
Project restarted in June 2023. Portal is anticipated to go live in August 2023. ● Purchase and implement a new public computer time management, fee collection, and printing solution at the Library.
Solution research and quotes in progress with anticipated completion date second quarter 2024.
● Continue implementation of new parking technology solutions to include expansion of Automatic License Plate Recognition (ALPR) system and introduce digital permits.
Projects began in 2021 and will continue through 2023.
● Continue the Citywide transition from Google Workspace to Microsoft 365.
Phase 1 completed in December 2021; Phase 2 completion began in fourth quarter 2022 Council Special Meeting, 9/27/2023, Item No. 3., Item Page 29, Packet Page 107
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
and is scheduled for completion in early 2023. Project completed. ● Update the City Records Retention and Disposition Schedule.
Project began mid-2022, to be completed by year-end 2023. ● Digitization and online storage of documents and forms in Finance, Human Resources, City Clerk, and Community Development Departments into the City’s enterprise document management system (OnBase) and DocuSign.
Project started in late 2020. Project to restart in fourth quarter 2023 with estimated completion in fourth quarter 2024.
● Implementation of a new contract management solution in OnBase.
Project restarted in July 2023 with pilot testing starting in August 2023. ● Implement new GIS aerial photos of the City with flight occurring in March 2022.
Purchased in late 2021 through a collaborative purchase agreement with five local agencies. Project completed in April 2023.
● Purchase and implement new mobile computers for end-of-life equipment in Fire Department vehicles.
Funding allocated in FY23 budget; purchase and install planned for fourth quarter 2023. ● Purchase and implement new office computers and upgrades for Police, Fire and Engineering to replace end-of-life or slow equipment.
Funding allocated in FY23 fiscal budget. Project completed in April 2023. ● Implement new network infrastructure equipment to replace end-of-life equipment, allow for staff mobility, and access to City resources.
Funding allocated in FY23 fiscal budget with implementation. Project started in July 2023 and in progress for completion December 2023.
● Evaluate, purchase, and implement a new efficient data storage and backup solution to replace end of life hardware.
Funding allocated in FY23 fiscal budget and approved by Council in July 2022. Project completed April 2023.
● Continue implementation of a mobile communications solution allowing critical business telephone lines to extend outside of the City network.
Project started in 2021 with completion in early August 2023. ● Update the Police Department Body Worn Camera (BWC) and In-Car Camera program to ensure contemporary technology.
Approved in 2021/22; BWCs were implemented in July 2022, remaining systems Council Special Meeting, 9/27/2023, Item No. 3., Item Page 30, Packet Page 108
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
installed in June 2023. PD staff currently moving older, critical video to the new storage solution with anticipated project completion date in fourth quarter 2023. ● Implement new secure remote access and mobility capabilities for employees and vendors to replace end of life equipment.
Funding allocated in FY23 fiscal budget. Project completed in February 2023. ● Implement new police telephone call recording system to replace end-of-life equipment.
Funding allocated in FY23 fiscal budget. Purchase and implementation planned for second quarter 2024.
● Implement new fire inspection and pre-planning solution.
Project started in fourth quarter 2021 with project completion planned in early 2023.
Project completed in July 2023.
● Implement new cybersecurity awareness training for all employees.
Project started in third quarter 2022 with project completed fourth quarter 2022.
Project completed with enhancements planned in fourth quarter 2023. ● Hire vendor to conduct a strategic plan and prioritized solution implementation for the City’s Infor Enterprise Resource Planning (ERP) system.
Project completed in June 2023.
● Implement strategic plan for the City’s Infor Enterprise Resource Planning (ERP) system.
Plan provides for automating services, mobility for field staff, more online services, and collaboration for improved operations. Funding allocated in FY24 fiscal budget. Project started in July 2023 with estimated completion in June 2024. ● Implement web-based dog license renewal solution.
Project started in July 2023 with anticipated completion in August 2023. ● Implement emergency satellite communications in the EOC and provide mobile Starlink broadband satellite internet systems for City emergencies when AT&T fiber is cut or other cellular means of communication are unavailable.
Project completed in July 2023.
● Remove the end-of-life technology systems and implement all new technology in the City Council Chambers.
Funding allocated in FY24 fiscal budget. RFP and Purchase planned in first quarter 2024 with implementation completed by June 2024.
Council Special Meeting, 9/27/2023, Item No. 3., Item Page 31, Packet Page 109
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
● Remove end-of-life systems and implement new technology in the Emergency Operations Center.
Funding allocated in FY24 fiscal budget. RFP planned in first quarter 2024 with implementation completed by June 2024.
● Evaluate existing communications infrastructure to identify opportunities to reduce costs, remove end-of-life hardware, and increase available services to provide robust Citywide Voice Over IP (VOIP) communications.
Funding allocated in FY24 fiscal budget. Purchase planned in fourth quarter 2023 with implementation completed by June 2024.
● Hire vendor to conduct cyber security network penetration testing to confirm the City’s network is protected from bad actors.
Funding allocated in FY24 fiscal budget. Purchases and services to commence first quarter 2024 (after all new networking equipment is in place). ● Replace end-of-life multifunction copiers/printers and implement solution to track printing costs to identify areas to reduce paper use.
Funding allocated in FY24 fiscal budget. RFP planned in third quarter 2023 with implementation completed by first quarter 2024.
● Evaluate Microsoft Power Apps and Power BI as possible solutions to increase collaboration, provide timely reporting, reduce costs, and increase data transparency.
Funding allocated in FY 2024. Technical staff started training in July 2023. ● Develop and implement an open GIS data website to provide transparent information to the public on all types of graphical information that is searchable, downloadable, and printable.
Project started in June 2022 and working on as time permits. Estimated completion in August 2024.
● Develop and implement one-year strategic plan for the City’s Hyland OnBase enterprise content management system with Finance, Human Resources, City Manager, and City Attorney’s departments to identify areas to automate processes, improve services, reduce costs, increase collaboration, increase online services, and digitize work processes to reduce paper consumption.
Funding allocated in the FY24 fiscal budget. Project kicks off in August 2023 with anticipated completion in August 2024.
______________________________________________
Council Special Meeting, 9/27/2023, Item No. 3., Item Page 32, Packet Page 110
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Value Driver #4: Provide sufficient resources and support to develop, retain, and recruit a high-quality city workforce.
The Council knows that the quality of city services correlates directly with the quality of city employees. For that reason, the Council is committed to supporting strategies that ensure Monterey can consistently attract, develop, and retain employees capable of delivering services consistent with their vision for the future of the City, including providing employees with the tools and resources they need to be successful in serving the public.
Develop, Retain, and Recruit a High-Quality Workforce - Strategic Priorities:
Recognize that our workforce is our greatest resource for providing the service that our community deserves by providing city staff with the tools, resources, coaching, and feedback they need to perform well.
Tools, Resources, Coaching, and Feedback for Employees - Staff Work Program Efforts:
Revamp employee performance, coaching, and feedback for City employees through a new process and workflow system.
Project planning began in 2022. A revised evaluation system for all city employees is scheduled to be implemented in October 2023. New software and workflow system will be implemented in late 2023.
Implement best practices in Diversity, Equity and Inclusion (DEI) through training, performance, hiring, and recruitment efforts.
Diversity, Equity, and Inclusion - Staff Work Program Efforts:
Begin DEI training for all City employees using a reputable consulting firm.
Completed DEI training for City staff in January 2022. DEI Framework development began in the summer of 2022 in conjunction with an intern from California State University Monterey Bay and will conclude in late 2023.
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Foster employee safety and wellness, including the provision of a robust safety program, employee-centric and employee-led Safety Committee, frequent safety tailgate meetings, an efficient vehicle fleet management program, and other efforts.
Employee Safety and Wellness - Staff Work Program Efforts:
Complete the 12-month employee safety training calendar and finalize the positionspecific training requirements index.
To continue in 2023.
Continue biennial AB 1825 Harassment Prevention Training.
To be completed by all employees, volunteers, boards and commission members, and City Council by December 31, 2023.
Provide fair, competitive, and market-rate compensation and benefits to employees through effective labor negotiations.
Labor Negotiations - Staff Work Program Efforts:
Continue labor negotiations with the City’s bargaining units that are fair, competitive, and market-driven.
Ongoing.
Implement a Total Compensation Study to bring transparency to our compensation structure, analyze internal and external data regarding salary and benefit packages, assess the City’s competitiveness in the labor market, provide insight on recruitment and retention, and identify the internal equity of the City’s current compensation structure.
An RFP was issued and a consultant selected in early 2023, and a total compensation study is expected to be completed by early 2024.
Council Special Meeting, 9/27/2023, Item No. 3., Item Page 34, Packet Page 112
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Value Driver #5: Champion regional and local efforts to secure adequate, affordable, and sustainable water sources for the city, now and into the future.
The Council recognizes that access to a dependable supply of fresh water is a significant gating factor that impacts the City’s ability to provide affordable housing and promote economic vitality consistent with the goals described in the City’s General Plan.
Secure Water Sources - Strategic Priorities:
Continue to advocate and lobby on behalf of the City of Monterey’s interests on regional water issues, with an emphasis on securing water for affordable housing projects.
Participate and collaborate in local and regional efforts to identify new water sources and increase local water supply capture opportunities.
Continue collaborations with the Monterey Peninsula IRWMP and Pure Water Monterey partners to increase capture of urban runoff with a diversion to the regional sanitary sewer collection system for treatment and water supply augmentation that may, in the regional context, assist with future water supply discussions with the State.
o Lake El Estero Diversion to Sewer – City will seek a water appropriation permit from the SWRCB for this water supply project, thereby the City taking its first step toward augmenting regional water sources/supplies for future community benefit. o Olivier Storm Drain Diversion to Sewer - Second City effort to assist with securing additional water sources into the regional water supply portfolio. Continue potential collaboration with Marina Coast Water District (MCWD) on additional water supply for the former Fort Ord and other needs in the City of Monterey.
On August 1, 2023, the City Council agreed to have staff continue working with MCWD on potential partnerships to secure additional water for Monterey. Staff are working with MCWD, Monterey Peninsula Water Management District (MPWMD), California American Water, and Monterey One Water to determine options, feasibility, costs, and next steps.
Secure Water Sources - Staff Work Program Efforts:
Submit letters to encourage the State Water Resources Control Board to open up water allocations for affordable housing projects.
Council Special Meeting, 9/27/2023, Item No. 3., Item Page 35, Packet Page 113
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Letters sent in 2020 and 2021; ongoing. The SWRCB responded in July 2022 that water allocations cannot be given until a replacement water supply is provided. Collaborate with the California Department of Housing and Community Development (HCD).
AMBAG adopted the new RHNA in early 2022, which will serve as the foundation of the Housing Element preparation in 2022-2023. The EIR Scoping Meeting and Draft Housing Element Open House was held on August 7, 2023, and the Notice of Preparation review period runs from August 2, 2023 through September 4, 2023.
Continue to develop and seek funding for City Water Supply-Related Projects and their implementation with regional partners and stakeholders. On May 2, 2023, the City Council approved a $1 million State Budget Funding agreement with the SWRCB in support of the Lake El Estero Urban Diversion Project for water quality protection and water supply augmentation. Utilize a $25,000 grant awarded by the Monterey Peninsula Water Management District to the City for the ongoing development of the Olivier Street Stormwater Urban Diversion Project.
Pursue IRWMP Proposition 1 Grant Funding in 2023 for the proposed Olivier Street Stormwater Urban Diversion Project (formerly Tunnel Diversion Project) for water quality protection and water supply augmentation. ______________________________________________
Value Driver #6: Support efforts and policies that provide equitable access to affordable housing in Monterey and the region.
The Council embraces efforts that provide equitable access to affordable housing, including balanced approaches to increase housing supply, rental resources and assistance, and housing rehabilitation grants to homeless, low-income, senior, and disabled individuals.
Affordable Housing - Strategic Priorities:
Support affordable housing through modern zoning policies/ordinances, ADU policies, housing grants, review of density requirements, and consideration of Cityowned sites for affordable housing.
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Affordable Housing - Staff Work Program Efforts:
Approve residential uses on mixed-use, ground-floor locations.
Ordinance adopted in late 2021.
Complete City-owned Potential Affordable Housing Sites Exclusive Negotiating Agreements.
Hosted two Council meetings on this topic. In July 2022, the Council ultimately directed staff to enter into an Exclusive Negotiating Agreement (ENA) with MidPen Housing for a potential affordable housing development behind City Hall. The ENA has been signed and MidPen Housing is preparing pre-development studies. Provide Council with the requested update on rental units in the City of Monterey.
The City Council received a staff presentation in September 2021 that included an overview of the City’s current housing program and general information regarding Rent Control and Rent Stabilization measures. In February 2022, Council received a report on Rent Registry Programs and directed staff to prepare a draft Ordinance. In May 2023, City held a Rental Registry Town Hall.
Address homelessness through programs and partnerships such as the Multidisciplinary Outreach Team (MDOT) and continued support of homeless service agencies through the City’s Community Development Block Grant program such as but not limited to Gathering for Women and Community Human Services.
Homelessness - Staff Work Program Efforts:
The MPD’s Multi-Disciplinary Outreach Team (MDOT) will continue to work side-byside with various governmental and non-governmental organizations to offer, provide and find solutions for those who are unhoused.
In 2022, the MPD and MDOT offered information on services in every contact they had with those who were unhoused. Council approved a “Homeless Navigator position” to be added to the MPD MDOT team during the FY23-24 budget. The MPD will also open the MPD Outreach Center at the Old French Consulate building adjacent to Lake El Estero in 2023 in a waterfront location to better serve the public and the unhoused. Research the creation of a warming shelter and navigation center for the unhoused in the City of Monterey.
The City Manager’s Office continues to coordinate the efforts of various City Departments and non-governmental agencies to explore and offer suggested alternatives to potentially create a navigation center in Monterey. ______________________________________________
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Value Driver #7: Expand opportunities for people of all ages and abilities to bike and walk safely through active transportation, accessibility, and safety initiatives.
The Council is committed to developing policies and supporting plans that create an environment where people, bicycles, buses, trolleys, and motor vehicles can move through the community safely and efficiently. The City Council also prioritizes pedestrian and bicyclist safety and mobility over driver convenience and continues to value “Vision Zero” strategies of education, equity, engineering, evaluation, and enforcement.
Active Mobility - Strategic Priorities:
Maintain and repair core street, roadway, and storm drain infrastructure.
Street, Roadway, and Storm Drain Infrastructure - Staff Work Program Efforts:
Continue implementation of the Traffic Signal Adaptive System in order to have all arterials running on the SCOOT system, which reduces greenhouse gas emissions and enhances quality of life.
The Franklin Corridor, the final arterial corridor, will be added to the traffic signal adaptive system by late 2024.
Seek grants to fund safety enhancements for pedestrians, bicyclists, and motorists.
Efforts will continue in 2024. Active Transportation and Highway Safety Improvements Program Grants will be submitted in 2024.
Continue implementation of road rehabilitation and storm drain infrastructure, funded through SB 1, Measure P and S, and Measure X.
In FY 22/23, the City received approximately $1.1M in funding through Fuel taxes/SB 1, $14.7 M in funding from Measure P and S, and $1.6 M in funding for Measure X.
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Provide and deploy effective parking facilities, programs, and enforcement tools that support resident, business, and visitor access to various business districts and neighborhoods.
Parking - Staff Work Program Efforts:
Utilize technology and modern parking tools to digitize the on-street residential parking program to manage and improve on-street residential permit management.
Upgraded to ALPR Enforcement in 2022, which will allow the introduction of digital permits via license plate.
Complete Waterfront Parking Expansion Project and lot conversion to “pay by plate.”
Phase 2 is scheduled for completion in 2023, and Phase 3 at a later date.
Continue supporting planning and construction efforts for regional trail networks.
Regional Trail Networks - Staff Work Program Efforts:
● Support the Fort Ord Regional Trail and Greenway (FORTAG).
Staff continues to seek grant opportunities for projects that connect to FORTAG within the City of Monterey, along North Fremont Street and Laguna Grande Regional Park. ● Seek grant funding and finalize the design for the North Fremont “Gap” Project that connects the City’s bike and pedestrian network to FORTAG.
Staff will continue to apply for grants in 2024.
Continue to enhance mobility for people of all ages and abilities.
Mobility for All Ages and Abilities - Staff Work Program Efforts:
● Complete an update to the City’s ADA Transition Plan.
ADA Transition Plan work began in 2022 and is expected to conclude in late 2023 following a public engagement process.
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
● Continue the implementation of ADA-compliant curb ramps funded by Measure P/S.
Ongoing.
● Continue to implement APS (Audible Pedestrian Signal) installation at signalized intersections.
Ongoing.
● Continue to look for opportunities to enhance the transportation network to include pedestrian and bike facilities.
Ongoing.
● Continue to procure grants in order to provide safety education and encourage programs such as Safe Routes to School to encourage more walking and biking.
Ongoing.
● Implement seasonal ADA-accessible beach mats at feasible locations in Monterey.
Utilizing NCIP funding, installed approximately 200 feet of accessible beach mat at Municipal Beach from the Recreation Trail to the High Water Line adjacent to Wharf No. 2 in June 2023. Exploring other locations as conditions permit. ______________________________________________
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Value Driver #8: Preserve, promote, and maintain our City’s historic and cultural resources through responsible stewardship and historic preservation that highlights the contributions and perspectives of all people who are a part of Monterey’s diverse history.
The City Council is committed to support policies and plans that ensure the protection, appropriate development, and use of the City’s historic and cultural assets. The City Council also recognizes the importance of sharing the City’s diverse history through the lens of the Native Americans, Latinx, Euro-Americans, African Americans, and Asian American/Pacific Islander communities who have contributed to the Monterey community.
Historic Preservation & Diversity - Strategic Priorities:
Ensure that the community’s history is interpreted and presented from a social justice lens.
Interpretation of History from Social Justice Lens - Staff Work Program Efforts:
● Develop a social justice and equity framework for the City’s Museums Division in collaboration with the Museums & Cultural Arts Commission.
Draft Social Justice and Equity template developed for the Expanded Path of History regarding Museum programs. Consider integrating into City-wide Diversity, Equity, and Inclusion framework.
● Seek grant funds to pilot historic walks outlined in the draft Path of History Master Plan that tell our history from the perspective of first peoples and diverse ethnic groups that shaped Monterey’s past and present.
Grant funds awarded in summer 2022; Public Meetings being held in August of 2023; draft Expanded Path of History Plan to be adopted in 2023.
Preserve and protect Monterey’s maritime history.
Maritime History - Staff Work Program Efforts:
● Work with the U.S. Coast Guard, Breakwater Cove, and Western Flyer Foundation to bring the restored Western Flyer fishing boat chartered by John Steinbeck to Monterey.
Discussions with the Western Flyer began in 2019; expected to arrive for one week in 2023 and return after repairs.
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Vision, Mission, Value Drivers, Strategic Priorities, and 2023 City Staff Work Program Updated August 2023
Value Driver #9: Foster a local government that is transparent and collaborative; and solicits, welcomes, and appreciates input from all.
The City Council is committed to transparency, collaboration, and engagement with all of our residents, neighborhoods, businesses, and community partners through robust channels of communication including in-person, technology-based, and media outreach efforts. The City Council is also committed to providing core services to the community, and partnering with business, nonprofit, military, and government partners where appropriate.
Transparent and Inclusive Government - Strategic Priorities:
Maintain and expand methods for the public to engage and interact with their city government using a variety of engagement tools, including media outreach, digital communications, and in-person engagement.
Digital, Media, and In-Person Engagement - Staff Work Program Efforts:
● Transition the City from at-large elections to district-based elections for City councilmembers in compliance with the California Voting Rights Act (CVRA).
Completed. Adoption of Council districts and first district-based election for Council districts 1 and 2 took place in 2022. The first district-based election for Council districts 3 and 4 will be held in November 2024, along with the election for the at-large Mayor. ● Continue to use online engagement tools such as Have Your Say Monterey on relevant topics and emerging issues.
Recent engagement project pages include includes the ADA Transition Plan, Community Wildfire Protection Plan, 2031 General Plan Update, Retail Cannabis, Monterey Public Library Operations Survey, and Laguna Grande Regional Park Plan. ● Provide relevant, timely, and accurate information on City affairs, emergency incidents, and policy issues.
Successfully used social media, Nextdoor, and the City’s email newsletter to communicate to the public, including during the January and March 2023 Storms.
Expanded community partnerships to enhance outreach. Obtained access to PG&E’s data portal for information during emergencies.
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● Incorporated the new Threads social media platform into the City’s social channels as a potential alternative to X, formerly known as Twitter.
Incorporated Threads in mid-July 2023 and continuing to evaluate social media mix.
Provide information and access to tools and resources through the City’s website.
City Website - Staff Work Program Efforts:
● Launch new City website and Content Management System (CMS).
New website launched in summer 2021; new features to be added through 2023.
Incorporated the new Google Analytics 4 into the website and newsletter platform to monitor the City’s reach.
Understand City leaders’ values and priorities by facilitating annual discussions about the City Council’s Value Drivers and Strategic Priorities.
City Council Value Drivers and Strategic Priorities - Staff Work Program Efforts:
● Council to update Value Drivers and Strategic Priorities, and review City Staff Work Plan.
New vision, mission, and value drivers adopted in December 2021. Staff Work Plan updated in January 2022 and Summer 2022; revisited in January 2023 and August 2023.
Recognize that City government’s role is to provide core services to the public, and partnerships with nonprofit, military, business, and other government agencies can be an effective means of supporting the public good.
Community Partnerships - Staff Work Program Efforts:
● Continue ongoing positive working relationships with Montage Health, Middlebury Institute of International Studies, Monterey Peninsula College, Naval Support Activity Monterey, U.S. Army Garrison Presidio of Monterey, U. S. Coast Guard Station Monterey, Monterey Chamber of Commerce, Monterey County Convention and Visitors Bureau, Monterey Bay Aquarium, Monterey Peninsula Unified School District, and other Council Special Meeting, 9/27/2023, Item No. 3., Item Page 43, Packet Page 121
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stakeholders.
Ongoing.
● Continue regional partnership efforts such as the Monterey Regional Storm Water Management Program that offer regular public meetings with opportunities for community input and engagement in the stewardship of local waterways, environmental protection, volunteer opportunities, and engagement from other governmental agencies, military, schools (K-12, graduate, and post-graduate), nonprofits, and private entities.
Ongoing.
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City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities, and Staff Work Items 2022 Mid-Year Update (August 2022)
Vision Statement
"Monterey: A beautiful, special place to live, work, and visit. Anda!” ______________________________________________
Mission Statement
"In partnership with our entire community, the Monterey City Council provides visionary leadership ensuring a safe, healthy, historic, economically vibrant, and sustainable environment."
______________________________________________
Value Drivers
(Numbered for reference only, not in order of importance) ______________________________________________
Value Driver #1: 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.
The Council is committed to ensuring Monterey retains its special character, which derives from its heritage, size, and location. The Council also is committed to ensuring that Monterey is a safe, affordable, and inclusive place to live, work, and visit. Diversity, equity and inclusion, affordable housing, public safety, and community collaboration are cornerstones contributing to Monterey’s quality of life.
Strategic Priorities + Staff Work Program Items:
● Ensure the health and wellness of the community including the COVID-19 pandemic response through emergency operations, clear communication with the public, delivering vaccinations, supporting testing efforts, issuing emergency orders, managing social Council Special Meeting, 9/27/2023, Item No. 3., Item Page 45, Packet Page 123 City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022
distancing regulations, adopting eviction protections, hosting blood drives, and providing food security.
o Offer COVID-19 vaccine and booster clinics to employees, seniors, students, vulnerable populations, and the general public.
Held 114 vaccine clinics and administered over 8,100 doses since January 2021.
Due to reduced demand and greater availability at other venues, vaccination clinics have been suspended at this time, however, two vaccination clinics for youth are scheduled for November and December at El Estero Park Center. o Support food security by working with community partners to provide meals and fresh produce to individuals and families in Monterey during the holiday season.
Planning Thanksgiving and Christmas Meal Kits will be distributed during the holiday season in partnership with the Food Bank for Monterey County and Kiwanis Club of Monterey. Target dates for the two events are Wednesday, November 23, 2022 and Thursday, December 22, 2022 at El Estero Park Center/Dennis the Menace Playground parking lot.
o Provide important nutritional services for Senior Citizens at Scholze Park Center.
Programs included Meals on Wheels and a weekly Produce Pick Up. o Continue to offer monthly Blood Drives at Hilltop Park Center in partnership with the American Red Cross.
o Continue to provide an annual Healthy Eating Active Living (HEAL) Report Published the latest HEAL Report in April 2022.
o Engage the public on a potential ordinance restricting smoking in multi-family housing units.
Policy issue put on hold due to the pandemic; may be scheduled for mid-2022. o Adopt an ordinance restricting the sale of flavored tobacco and vaping products.
Adopted by the City Council in August 2022. Takes effect on February 28, 2023. ● 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. o Complete the Standards of Coverage and Community Risk Assessment Study.
Study was completed and presented to the City Council in May 2022. Future discussions about fire services and coverage may continue with the community in 2022 and 2023.
o Implement the new Police Records Management System (RMS) to be in compliance with State regulations.
Approved in 2021/22; anticipate 13 month implementation process for a go-live early 2023.
o Complete the Central Public Safety Facility Study to address the 1959 constructed, aging infrastructure at the Fire Administration Headquarters, Downtown Fire Station 11, Police Facility and the Emergency Operations Center (EOC) Campus.
Council approved funding the study in 2021, with additional funding allocated in 2022. The study will begin in fall 2022 and be completed by summer 2023.
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Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022
o Develop a Local Roadway Safety Plan, a ‘crash data’ driven safety evaluation which develops and prioritizes systemic safety improvements.
Grant application to be submitted in Fall 2022.
o Replace aging Fire Department fleet.
Took delivery of two new Type 1 (structure) engines and one Type 3 (wildland) engine in 2021. Command vehicles ordered (backordered for indefinite period).
Truck order pending.
● Prepare for emergencies and community resiliency.
o Offer ongoing CERT training to community members.
Trained 28 new community members in basic CERT classes; training programs ongoing. New member class held in March 2022 and scheduled for September 2022.
o Adopt the Multi-Jurisdictional Hazard Mitigation Plan (MJHMP).
Drafted the MJHMP in 2021 in collaboration with the Monterey County Office of Emergency Services. Plan adopted by City Council in June 2022 o Work with the California Department of Conservation to update tsunami signage and education to reflect the newly-adopted Tsunami Inundation Maps Staff began to work with the State in summer 2021; project ongoing. o Update the General Plan Safety Element.
City Council allocated City funds on July 19, 2022 to start the Safety Element.
The Element will be completed by 2023 in conjunction with the Housing Element update.
o Due to increased shark activity in the area, prepare signage and a Standard Operating Procedure for incidents involving sharks. Staff has researched information from the State as well and implemented signs for use during shark incidents on the Monterey Peninsula.
o Continue to look for grant funding to upgrade or repair existing infrastructure and maintain resiliency.
Ongoing.
o Continue Fuel Reduction efforts to remove invasive species and flammable understory in greenbelts within and adjacent to City neighborhoods.
In 2021, spent $300,000 in completing fuel reduction work. Efforts will continue in 2022.
o Engage and collaborate with the Monterey County Office of Emergency Services and the U.S. Army Garrison Presidio of Monterey on joint training exercises and communication efforts.
In summer 2022, Fire Department and EOC staff served as controllers and evaluators in the Monterey County Bronze Pelican EOC Functional Exercise. In August 2022, Monterey Police and Fire Departments participated in an active shooter exercise with the Presidio of Monterey.
o Collaborate with the U.S. Coast Guard on training exercises.
City of Monterey to co-sponsor an educational and training event with the U.S.
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Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022
Coast Guard Station Monterey, U.S. Naval Air Station Lemoore, and other community partners at San Carlos Beach Park.
o Develop a Community Wildfire Protection Plan
RFP development underway. Plan expected to be completed by summer 2023. o Through executive training, build resiliency on emerging homeland security issues, including international and domestic threats and hazards, cyber and technology challenges, crisis and risk communication.
Police Chief and Assistant City Manager enrolled in the Center for Homeland Security and Defense (CHDS) Executive Leaders Program at Naval Postgraduate School, to conclude in late 2023.
● Foster opportunities for the public to stay physically and mentally active through activities and services in our parks, trails, beaches, campgrounds, sports center, and community centers.
o Install ADA parking and ADA portable restroom to provide access to disc golf at Ryan Ranch Park in partnership with the Stinging Jellies Disc Golf Club.
The Ryan Ranch Disc Golf course opened in July 2022.
o Resolve Pickleball discord and balance the needs of pickleball players, tennis players and neighbors at Via Paraiso Park.
City conducted a 3-month pilot program following multiple mediation between pickleball players and neighbors in May, June and July; program made permanent in August 2022.
o Conduct the Monterey Sports Center Operational Analysis.
Operational Analysis launched in July 2022 with consultant, Sports Facilities Companies. Scheduled for completion by late fall 2022.
o Organize summer camps and programs that provide opportunities for youth to stay active in City parks and facilities while also providing childcare for working parents. Outdoor camp programs for 2022 included Beach Volleyball, Challenger International Soccer, Flag Football, Basketball, Track and Field, and Summer Fun Playground Program. In addition, 2022 was a record summer for Monterey Sports Center’s Sports Camp! One of the largest summers yet with an attendance of nearly 100 campers each week for 8 weeks. This summer also marked the return of 6 weeks of Camp Quien Sabe overnight youth camp program at Toro Park and 7 weeks Whispering Pines Day Camp. These two camps completed the Summer 2022 season each serving approximately 50 campers each week. Total enrollment for all summer camps offered in the Parks & Recreation Department was approximately 1,858 campers. o Serve individuals and families of all ages at the Sports Center and community (park) centers by offering opportunities for both mental and physical activity.
In 2022, continued restoration of programs at El Estero, Scholze, and Hilltop , as well as other community center programs such as ceramics, fencing, gymnastics, dance classes, Pilates, and art classes, as well as specialty camps such as Gymnastics Camp, Tiny Tot Camp, Lego Camp, Chess Camp and Woodworking Council Special Meeting, 9/27/2023, Item No. 3., Item Page 48, Packet Page 126 City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022
Camp. Opportunities for seniors include as well as opportunities to engage with others socially and physically with activities like Tai Chi, Chi Gong, Watercolor, Bridge and Line Dancing. The Sports Center continues to offer popular programs for youth including basketball clinics, volleyball lessons, martial arts, swimming lessons and more!
o Begin long-term planning and community engagement efforts for the future of the Old Capitol Site.
Feasibility Study funded in the 2022/23 NCIP. Expected to launch park planning efforts in early 2023 after RFP is developed and finalized. ● Provide learning opportunities and foster community connection through the Monterey Public Library.
o Provide programs for all ages – that inform, inspire, build community engagement, promote reading, celebrate Monterey’s rich past, and support community priorities of economic, mental and physical health, and social justice.
Ongoing.
o Identify funding source for Library facility renovation in conjunction with the Central Public Safety Facility Study.
No funding sources have identified or formal fundraising efforts begun. o Implemented a new RFID inventory and borrowing system using donated funds.
Launched the new system, with over 90,000 items tagged in summer 2021.
Updates to the automated checkout systems are expected in 2023. o Provide bookmobile services to neighborhoods to library services.
Resumed bookmobile services in August 2021. New bookmobile funded and scheduled to arrive in fall 2023. Existing bookmobile may increase hours of service in fall 2022.
o Onboard a new Library & Museums Director to the City team New director to begin in mid-August 2022.
o Work with local partner agencies to update the Children’s Reading and Learning Area with dedicated funds raised through Monterey County Gives.
Programs to run through summer 2022.
● Respond effectively to neighborhood concerns.
o Work with the Laguna Grande Regional Park Joint Powers Authority to adopt a Laguna Grande Regional Park Trail Maintenance Strategy.
Draft strategy has been completed. The project’s environmental review is underway and is expected be completed by fall 2022.
o Conducting tree mapping and inventory to address the health of Monterey’s forests and greenbelts.
Tree mapping begun in 2021 and will continue in 2022.
o Continue efforts on the Small Cell Ordinance.
Efforts will continue in 2022.
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Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022
o Respond to concerns regarding the Monterey Regional Airport’s expansion efforts and its impact on neighborhoods.
The City of Monterey prevailed in the lawsuit.
o Continue the implementation of North Fremont Corridor underground utility projects utilizing Rule 20a funding.
Planning and coordination efforts will continue in 2022. ● Fund projects for the betterment of Monterey’s neighborhoods through the Neighborhood and Community Improvement Program (NCIP).
o Continue funding the NCIP at 16% of Transient Occupancy Tax (TOT) Revenues.
NCIP Committee meetings resumed in Jan 2022 to start the process to present recommended NCIP projects to City Council for approval in fall 2022 ______________________________________________
Value Driver #2: Protect and preserve our natural environment by addressing climate change through ecologically responsible and pragmatic solutions.
The City Council recognizes the necessity of bold, pragmatic, and thoughtful solutions to protect our natural environment for future generations. Community decisions on transportation, land use, sea level rise, coastal protection, forestry, and city government operations can have a positive impact on our environment locally, regionally, and globally.
Strategic Priorities:
● Protect the Monterey Bay National Marine Sanctuary and our environmental assets from pollution.
o Update the Local Coastal Plan (LCP)
Draft Coastal Land Use Plan is being prepared. Draft plan will be released for public review in 2022.
o Storm Water Trash Capture Project
Complete the project in 2022 in larger tributaries. Establish a priority method for complete capture and refine long-term maintenance strategies by Jan 2023. ● Develop a long-term strategy for Municipal Wharf No. 2 and a sustainable fishing industry.
o Support sustainable fishing activities
Provided an annual financial contribution to the Monterey Bay Fisheries Trust. ● Continue efforts to reduce greenhouse gas emissions (GHG). o Support efforts to expand existing solar energy arrays on City buildings In 2022, develop a concept for East and West Garage and the City Hall Parking Council Special Meeting, 9/27/2023, Item No. 3., Item Page 50, Packet Page 128 City of Monterey
Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022
Lot
● Expand access to electric vehicle infrastructure and encourage sustainable transportation.
o Expand opportunities for Electric Vehicle Charging Stations in the Waterfront Lot, parking garages, and parking lots.
In summer 2022, the City is exploring alternatives for an additional Tesla charging station in the City. The City will also upgrade EV charging stations to the ChargePoint network for more efficient use of charging stations and cost recovery.
o Continue to integrate low-emissions and electric vehicles into the City’s fleet.
Continue efforts in 2022.
______________________________________________
Value Driver #3: 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.
The City Council is committed to balancing economic activity by supporting Monterey’s economic drivers, including but not limited to hospitality, academia, health care, retail, military, and fisheries. The Council also recognizes that continued prudent fiscal discipline helps ensure the high quality of life and services for residents; strategies include appropriate service levels, optimizing City operations, driving innovation that leverages technology and business solutions, ensuring workforce compensation and benefit structures are both competitive and financially sustainable, ensuring appropriate municipal infrastructure needs are addressed, implementing appropriate revenue enhancement opportunities, providing reliable and timely fiscal reporting, and fostering community partnerships.
Strategic Priorities:
● Carefully manage City revenues and expenditures which support the delivery of City services.
o Codify repayment plans for long term interfund borrowing. Implement the plans to ensure interfund debt is repaid. Address inconsistencies in reporting between all debt service.
Complete by October 2022
o Review, clarify, update, and simplify the City’s business license processes including timely collection.
Complete by September 2022
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Vision, Mission, Value Drivers, Strategic Priorities and Staff Work Plan Updated August 2022