Agenda packet — Monterey City Council, October 3, 2023

Council Chamber
580 Pacific Street
Monterey, California
City Council Agenda
Council Regular Meeting
Tuesday, October 3, 2023
4:00 PM – 5:30 PM
City Council
Tyller Williamson, Mayor
Kim Barber, Councilmember,
District 1
Gino Garcia, Councilmember
Alan Haffa, Councilmember
Ed Smith, Councilmember,
District 2
City Manager
Hans Uslar
How to participate in this meeting:
 Written comment: Members of the public may submit comment(s) to [email protected] until ½ hour before the start of the meeting. These messages are not read aloud during the meeting but are made available to the meeting body and public at https://monterey.org/submitted-comments. All comments received become part of the record.
 In-Person: Please see the meeting location listed above. Wearing a mask is recommended and encouraged.
 Remote via ZoomGov Webinar:
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o Or join by telephone: Dial 833-568-8864 (Toll Free), 669-254-5252 (Campbell, CA) or 646-828-7666 (NY). If one number doesn’t work, please try another.  Enter Webinar ID: 160 772 9333 #
 If prompted to enter a participant ID, press #
 To “raise your hand,” dial *9. Once called upon, dial *6 to unmute o Need help using or updating Zoom? Read our Zoom Meeting Instructions (PDF)  This meeting will also stream live for viewing only on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90-second delay). ***Afternoon Session Agenda ***
4:00 - 5:30 p.m.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Presentation on Blue Zones Project (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)

2. Receive a Presentation Regarding a Crosswalk Policy (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

PUBLIC COMMENTS (MATTERS NOT ON AGENDA)
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the 10/3/2023 4:00:00 PM
2 City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. The Mayor will request that persons wishing to speak line up at the podium or use the “raise hand” function in Zoom to determine the number of persons interested in speaking before each Public Hearing item. The amount of time for public comment on each Public Hearing item will be determined based on the number of persons interested in speaking. The maximum time allotted for public comment is 30 minutes on each item. In exceptional circumstances and when necessary to ensure full opportunity for public input, the Mayor may, with City Council consent, adjust the amount of time allowed for public input and/or the time allotted for each speaker. NOTE: For regular meetings with an afternoon and evening session, Public Comments are taken during both sessions. Individuals may choose to speak once for up to three minutes at either session, but not both.

CONSENT ITEMS
CONSENT AGENDA consists of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Councilmember may request that an item be placed on the regular agenda for further discussion.

Approval of Minutes

3. September 19, 2023 Regular Meeting (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Award of Construction Contracts

4. Award a Construction Contract in the Amount of $4,782,430 to McKim Corporation for the Citywide Road Surface Repair Project, Phase 5 (Exempt from CEQA Article 19, Section 15301, Class 1) ***Measure S ***
Resolutions
RESOLUTIONS are passed to express the policy of the Council on certain items or programs, or are passed to direct certain types of administrative action. A resolution may be changed by adoption of a subsequent resolution. Resolutions only require one reading and are approved when "passed and adopted."

5. Authorize Application for and Acceptance of Grant Funds from the State Department of Forestry and Fire Protection (CAL FIRE) for Implementation of the Greenbelt Fuel Reduction Action Plan, Authorize an Increase in FY24 and FY25 Annual Revenues by $400,000, Appropriate Grant Funds, Appropriate Annual Matching Funds of $75,000, and Authorize the City Manager to Execute the Grant Agreement with CAL FIRE (Approved Supplemental Initial Study Mitigated Negative Declaration)

6. Authorize the City Manager to Accept State of California Office of Traffic Safety Grant for Regional Crash Response and Extrication Improvement Program and Appropriate the Grant Monies to Purchase Extrication Tools (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
*** End of Consent Agenda ***
10/3/2023 4:00:00 PM
3 COUNCIL COMMENTS
Councilmembers may ask a question for clarification or make a brief announcement or make a brief report on his or her activities. In addition, Council may provide a referral to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any City matter (G.C. 54954.2).

CITY MANAGER REPORTS
The City Manager may make a brief report on his activities or a brief announcement. He may also ask for clarification or direction regarding scheduling of Council meetings and study sessions.
*** Adjourn to Closed Session (See additional agenda) *** Council will adjourn to closed session

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

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

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

CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES:

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

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

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

Upcoming city meetings are listed at http://isearchmonterey.org More information is available by calling (831) 646-3935 Council
Agenda Report
№08/22
FROM: Nat Rojanasathira, Assistant City Manager
Prepared by: Mark Ackermann, Management Analyst I
SUBJECT: Presentation on Blue Zones Project (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) RECOMMENDATION:

That the City Council receive a presentation on Blue Zones Project’s efforts to build healthier, more productive communities that lead to a higher quality of life.

VALUE DRIVERS:

In collaboration with our community partners, work to improve the quality of life of all of our community members by fostering diversity, equity, and inclusion; championing equitable access to affordable housing; and maintaining a safe environment.

POLICY IMPLICATIONS:

It is within the City Council’s purview to receive presentations from community partners whose efforts benefit the health, safety, and quality of life of all who live, work, and visit in the City of Monterey.

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 Monterey City Council could choose not to receive the presentation; however, that is not recommended.

Date: 10/3/2023
Item No.: 1.

Council Regular Meeting, 10/3/2023, Item No. 1., Item Page 1, Packet Page 4 DISCUSSION:

Blue Zones Project
Blue Zones Project originated in 2004 when explorer and author Dan Buettner teamed up with National Geographic and the National Institute on Aging to conduct a global search for locations where individuals are consistently living the longest, healthiest lives. They found what they were looking for in Okinawa, Japan; Sardinia, Italy; Nicoya, Costa Rica; Ikaria, Greece; and Loma Linda, California. In these places, it is common to find people living healthy, active lives well beyond the average human lifespan and oftentimes beyond 100 years of age. These locations were subsequently dubbed “Blue Zones.”
Power 9 Principles
The assembled team of scientists and explorers then set out to determine what sets these locations apart from others. The team identified nine (9) commonalities across four (4) components they believe to be the keys to human health and longevity. These commonalities were subsequently dubbed the Power 9 Principles:

Move

1. Move Naturally – Make movement a natural part of everyday life by working with schools, city planners, and worksites.

Right Outlook

2. Purpose – Develop a clear sense of purpose, a reason to get up each day, to help live a more fulfilling life.

3. Down Shift – Learn when to take a moment to slow down through a nap, meditation, prayer, or similar activity.

Eat Wisely

4. 80% Rule – Only eat until 80% full – that 20% extra may be the difference between losing weight and gaining weight.

5. Plant Slant – Consume more beans, nuts, and whole grains to round out a more balanced diet for healthy living.

6. Wine at Five – The antioxidants in a glass or two of wine could be beneficial for those who are able to drink in moderation.

Connect

7. Positive Pack – One of the keys to living longer is having close friends and meaningful social connections throughout your life.

8. Loved Ones First – Maintaining close, healthy family ties from grandparents to children can potentially lead to an average of 3 years added to each person’s life expectancy.

9. Belong – Denomination is irrelevant, but members of faith-based communities tend to life on average 14 years longer.

Council Regular Meeting, 10/3/2023, Item No. 1., Item Page 2, Packet Page 5 Life Radius
The team at Blue Zones recognizes the importance of an individual’s life radius when it comes to making healthy choices on a daily basis. Blue Zones Project was designed to help bring the Power 9 Principles to as many communities as possible. By making heathy choices nearly unavoidable in the locations where one spends 80% of their life, entire communities could experience lasting positive effects.

Brought to Monterey County by Salinas Valley Health, Montage Health, and Taylor Farms, Blue Zones is hoping to bring its tenets to Monterey residents. The organization itself is currently run as a partnership between Sharecare Inc., founded by Jeff Arnold and Dr. Mehmet Oz, and Adventist Health, who acquired Blue Zones LLC in 2020.

The City of Monterey will receive a presentation from the Blue Zones Project in Monterey County at the Monterey City Council meeting on October 3, 2023.

Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 10/3/2023, Item No. 1., Item Page 3, Packet Page 6 Council
Agenda Report
№08/22
FROM: Andrea Renny, Public Works Director
Prepared By: Andrew Easterling, City Engineer
SUBJECT: Receive a Presentation Regarding a Crosswalk Policy (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council receive a presentation regarding a Crosswalk Policy.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

The establishment of a crosswalk policy helps advance the City’s Vision Zero goal of reducing fatalities and severe injuries on City streets to zero, adopted by City Council on November 7, 2017. Furthermore, establishing a uniform process for when and when not install crosswalk markings is aligned with the California Vehicle Code Section 21400.

FISCAL IMPLICATIONS:

The estimated cost to develop a crosswalk policy is $15,000, and once adopted the cost to analyze, enhance or remove crosswalks in accordance with a new policy is $3.6 million.

Whereas approximately $1.5 million of the total cost is necessary regardless to upgrade ramps to meet ADA standards.

ENVIRONMENTAL DETERMINATION:

Date: 10/3/2023
Item No.: 2.

Council Regular Meeting, 10/3/2023, Item No. 2., Item Page 1, Packet Page 7 ALTERNATIVES CONSIDERED:

City Council could choose to not proceed with a crosswalk policy; however, this is not recommended because it would leave the City ill-equipped to respond to requests for new crosswalks or crosswalk enhancements.

DISCUSSION:

The City of Monterey routinely receives requests from residents to install crosswalks or enhance crosswalks. However, designing a safe roadway crossing for pedestrians is a complex process, and the installation of a marked crosswalk does not necessarily constitute a safe pedestrian crossing. The purpose of developing a crosswalk policy would be to develop a data-driven, transparent, and uniform process for considering the installation, enhancement, or removal of crosswalk markings.

AR/ae
Attachments: 1. Presentation Slides
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 10/3/2023, Item No. 2., Item Page 2, Packet Page 8 Monterey City Council
October 3, 2023
Crosswalk Policy
Introduction
Attachment 1
Council Regular Meeting, 10/3/2023, Item No. 2., Item Page 3, Packet Page 9 Introductory Statement
The City of Monterey routinely receives requests from residents to install crosswalks or enhance existing crosswalks. However, designing a safe roadway crossing for pedestrians is a complex process, and the installation of a marked crosswalk does not necessarily constitute a safe pedestrian crossing. The purpose of developing a Monterey Crosswalk Policy would be to develop a data-driven, transparent, and uniform process for considering the installation and removal of crosswalk markings.

Council Regular Meeting, 10/3/2023, Item No. 2., Item Page 4, Packet Page 10 Marked and Unmarked Crosswalks
Council Regular Meeting, 10/3/2023, Item No. 2., Item Page 5, Packet Page 11 Establishing a Policy
● Data-driven methodology to reduce pedestrian collision potential
● Provides a transparent process for considering crosswalks ● Uniform standards leads to treating similar situations in a similar way
● Clear policies improves efficiencies and prevents unnecessary installations
Council Regular Meeting, 10/3/2023, Item No. 2., Item Page 6, Packet Page 12 When Should the City Provide a
Marked Crosswalk or not?
● Pedestrian volume
● Distance from adjacent crossing
● Sight lines and geometry
● Vehicular speeds and volume
● Number of lanes
● Presence of a median
● Street lighting
Council Regular Meeting, 10/3/2023, Item No. 2., Item Page 7, Packet Page 13 If a Crosswalk Should be Marked, What Visibility
Enhancements should be Considered?
● Signs and Markings
● Raised Crosswalks
● Curb Extensions/Refuge Islands
● Flashing Beacons
● Pedestrian Signals
Council Regular Meeting, 10/3/2023, Item No. 2., Item Page 8, Packet Page 14 Recommendation
There is no recommended motion.

Council is requested to receive a
presentation and provide direction
regarding a Monterey Crosswalk
Policy.

Council Regular Meeting, 10/3/2023, Item No. 2., Item Page 9, Packet Page 15

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF MONTEREY
Tuesday, September 19, 2023
4:00 PM 7:00 PM

COUNCIL CHAMBER

MONTEREY, CALIFORNIA
Councilmembers

Present: Barber, Garcia, Haffa, Smith, Williamson

Absent: None
City Staff

Present:

City Manager, City Attorney, Community Development Director, Police Chief, Finance Director, Senior Accountant, Public Works Director, City Clerk, Police Lieutenant, Recreation Manager, Operations Supervisor (MSC), Senior Engineer, Administrative Assistant (City Manager's Office), Planning Manager, Associate Planner
***Afternoon Session Agenda ***

CALL TO ORDER
Mayor Williamson called the meeting to order at 4:00 p.m. City Clerk Klein called the roll and explained to the public how to participate in the meeting using Zoom.

PUBLIC COMMENTS (MATTERS NOT ON AGENDA)
Public comment on non-agendized matters was received from Chandler Roland and Russ Donahoe.

CONSENT ITEMS
Mayor Williamson stated that Items 4, 6, and 7 had been pulled from the Consent Agenda by members of the public.

Public comment on the Consent Items was received from Jennifer Johnson, of See Monterey, who spoke in favor of approving Item 14.

On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council approved the CONSENT ITEMS except Items 4, 6, and 7:

1. August 30, 2023 Special Meeting (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Approved
Date: 10/3/2023
Item No.: 3.

Council Regular Meeting, 10/3/2023, Item No. 3., Item Page 1, Packet Page 16 City Council Minutes September 19, 2023
2 2. September 5, 2023 Regular Meeting (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Approved
Award of Construction Contracts

3. Accept an Army Project Award and Authorize Budget Adjustments in the Amount of $932,012.56 in the Presidio of Monterey Public Works Fund for the POM B622 Upgrade Fire Alarm System Project Under the Intergovernmental Support Agreement ***IGSA*** (NEPA Not a Project, CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub.

Resources Code, § 21080, subd. (b)(1)))
Action: Adopted Resolution No. 23-103 C.S.

Ordinances

4. 2nd Reading of an Ordinance Updating Provisions, Processes, and Procedures relating to the City’s Boards, Commissions, and Committees (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Ordinance No. 3669 C.S.

Public comment was received from Jean Rasch, who spoke about a separate matter relating to boards and commissions, requesting that the Council broaden the process for interviewing applicants so that the Mayor would not conduct interviews alone.

On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council adopted Ordinance No. 3669 C.S. Updating Provisions, Processes, and Procedures relating to the City’s Boards, Commissions, and Committees:

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

5. 2nd Reading of an Ordinance Amending Monterey City Code Section 38-112.6 “Accessory Dwelling Units and Junior Accessory Dwelling Units” and Amending Section 38-11 “Definitions” Retroactive to July 6, 2023 (Statutorily Exempt from CEQA pursuant to Public Resources Code Section 21080.17)
Action: Adopted Ordinance No. 3670 C.S.

6. 2nd Reading of an Ordinance to Establish a Rental Inventory and Requiring Registration of All Residential Rental Properties within the City of Monterey Beginning January 1, 2024 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Pulled from Consent; Passed ordinance to print, as amended to:
* Add a five (5)-year sunset,
* Add a claimed exemption for self-managed properties of three (3) or fewer units within the City, and
* Add language requiring that a tenant give 30 days' notice to their landlord regarding their lack of registration prior to bringing an action (this modifies 8-02.05(E)) (4-1, Councilmember Smith voting no)
Council Regular Meeting, 10/3/2023, Item No. 3., Item Page 2, Packet Page 17 City Council Minutes September 19, 2023
3 Mayor Williamson shared ground rules for the civil conduct of the meeting and asked all participants to be professional and courteous in making public comments. City Manager Uslar made a brief verbal report outlining the events of the September 5, 2023 Council meeting and the resulting amendments to the proposed ordinance. On question from Council, Nazanin Salehi, outside counsel with Goldfarb & Lipman LLP, said that language could provide for the protection against abuse by limited liability corporations (LLCs), which she said would require more active enforcement by City staff and would require the Council to consider its current exemptions. On question from Council, City Manager Uslar estimated that the cost to register would be approximately $50 per year.

Due to the number of people intending to comment, Mayor Williamson stated he would limit comments to two (2) minutes. Public comment was received from: Jack Fields, who stated that a rental registry would decrease inventories and lead to gentrification, and asked Council to consider an exclusion for "mom and pop" property owners; Char Carter, who said that the proposed registry was expensive and not needed; Kathy Nolan, who asked the Council to consider alternatives; Candace Evans, who alleged a lack of transparency and expressed concern about the cost of the proposed program; Charles Carter, who discussed the difference between taxes and fees and stated that the proposed registry would be an assault on the elderly; Adam Pinterits, of Monterey County Association of Realtors, who asked for an exemption on "mom and pop" landlords and stated that housing units were lost in Seattle; Mark Horner, who spoke in favor of the proposed registry, stating that teachers and workers can't afford to live in Monterey, and asking the Council to consider a cap on how many rentals a property management company could manage; Taylor Buaya, who spoke in favor of the proposed registry, stating that landlords and property management companies had shown economic irresponsibility with housing rates; Thomas Lee, who spoke against the proposed registry, stating that some of the biggest losers in San Francisco's rent control experience were renters; Lawrence Samuels, who spoke against the proposal, citing Seattle statistics; Kathie Buaya, who spoke in favor of the proposed registry, citing housing affordability issues and stating that young people's paychecks go almost fully to cover their rent; Nelson Vega, who spoke against the proposal, expressing privacy concerns, and stating there should be hold harmless language and tenants should be able to opt out; Joe Williams, who spoke against the proposal, stating it was contrary to the goals of increasing housing and would negatively impact landlords and tenants; Luis Osorio, who stated that the housing affordability issue has been getting worse over the years at the control of the market forces, but that the plight of owners was valid, and asked the Council to take public feedback and create a better product; an unidentified woman, who stated she was a landlord in the Oak Grove neighborhood and said she would refuse to participate in the registry; Jean Rasch, who spoke in favor of the proposal, stating being in business involves a lot of sharing of data and that the City has an obligation to learn more about the housing crisis and how to respond to it; an unidentified man, who spoke against the proposal, citing unintended consequences and bad feelings; Amanda G., who spoke against the proposed registry, and said if it moved forward it should exempt "mom and pop" operations as well as people who were born and raised locally but married to military spouses; Tom Reeves, who spoke against the proposed registry, and said if it moved forward the Council should keep family-to-family rentals part of the "mom and pop" conversation; Esther Malkin, who said that the registry was not meant to create housing and was not a rent control ordinance; and Lori Mazzuca, who said that rental registries often lead to rent control, suggested the City take a different route in addressing concerns over property management companies, and expressed privacy concerns with regard to the proposed registry.

The Council discussed the matter.

Comments were made against the ordinance, stating that there was a way to get the needed data without taxing property owners and creating new city jobs. Concern was expressed that Council Regular Meeting, 10/3/2023, Item No. 3., Item Page 3, Packet Page 18 City Council Minutes September 19, 2023
4 the ordinance was silent on code enforcement. It was stated that the Monterey County Property Owners Association, Monterey County Association of Realtors, Monterey Peninsula Chamber of Commerce, Monterey County Hospitality Association, and the majority of speakers at this meeting and the prior meeting were against this. It was stated that if the registry were to be approved, it should have a sunset. Interest was expressed in knowing more about hold harmless language to protect landlords. Concern was expressed about friction between landlords and tenants, stating that property owners find the proposal intrusive. It was stated that, in the words of former Mayor Roberson, "the neighbors know the answer." It was stated that some Councilmembers had supported rent control at past meetings.

On question, Ms. Salehi clarified that the ordinance as presented would allow tenants to bring action against their landlords for not registering. On question, City Manager Uslar said that the City needed to know about landlords who did not register their apartments.

Comments were made in favor of the ordinance. Appreciation was expressed to the public who spoke on the matter. It was stated that a Councilmember supporting the proposed registry did not mean a Councilmember would support rent control. It was stated that the valid purpose to a registry was to provide legal services to provide to landlords and tenants, and to gather and provide important information, with another potential benefit in monitoring legal conformity of housing units. It was suggested to exempt participation for "mom and pop" landlords (which was defined as three units or fewer, managed by the owner). Interest was expressed in learning how a landlord could unregister. Interest was expressed in establishing a five-year sunset for the program. In response to requests from the public to "throw away" the ordinance, it was stated that everyday the Council heard from constituents who struggled with rent increases. The question was posed: What was the answer for how to help people who were struggling to stay in their homes? It was stated that the propsoed registry would provide a better understanding of what the City was up against with regard to housing issues. It was expressed that implementation of this registry would lead to better design of policy. It was agreed that neighbors know the answer, and stressed that all neighbors needed to be heard, and that hearing primarily from landlords could not provide the complete picture. During discussion by Council, Mayor Williamson left the Chamber at 5:43 p.m. It was stated that the registry was not intended to penalize anyone who was doing right by their tenants, and that it would be a good way to ensure compliance.

On question, Ms. Salehi confirmed that family-to-family rentals could be exempted from registering. She stated that the ordinance requires registration to be updated when occupancy status changes. She clarified that tenants' names, genders, sexes, and ages would not being collected, let alone publicized. She stated that the ordinance could require that a small property owner who was exempt was a natural person who owned three or fewer units within the City.

On question regarding the difference between fees and taxes, City Manager Uslar cited the California Constitution's allowance to recover "costs reasonably borne" and explained that the cost to register was legally a fee, not a tax. He stated that the more exemptions and loopholes were created, the less of an inventory there would be and the more difficult the ordinance would be for staff to enforce.

The Council discussed the potential definition of "mom and pop" owners. The idea was posed that "mom and pop" landlords could be considered those owning three units or fewer that were self-managed, and for the City to make registration free and optional for these landlords to broaden the database. It was stated that renters had not spoken due to fear of retaliation, citing one landlord who said they were making a list of people in favor of the registry and that they would not rent to them. It was stated that this had been a very transparent process with a community town hall, numerous Council meetings and two ordinance readings to date, with a great deal of public input received. It was discussed that registry questions could be asked that Council Regular Meeting, 10/3/2023, Item No. 3., Item Page 4, Packet Page 19 City Council Minutes September 19, 2023
5 would then provide exemptions based on the answers (such as family-to-family, and/or selfmanaged rentals), and that meanwhile the data could still be collected relating to the claimed circumstances requiring the exemption.

A motion was introduced by Councilmember Haffa, and seconded by Councilmember Barber, to pass to print the draft ordinance, as amended to add a five (5)-year sunset, with a claimed exemption for self-managed properties of three (3) or fewer units within the City.

Councilmember Smith suggested a friendly amendment to eliminate 8-02.05(E), the paragraph beginning with "a Tenant may enforce the provisions of this Article..." The mover declined to accept this amendment, citing compliance concerns. City Attorney Davi suggested that a tenant could give a 30-day notice to the landlord to register before bringing an action.

Councilmember Smith suggested a friendly amendment to require that a tenant give a 30-day notice to their landlord regarding their lack of registration prior to bringing an action. The mover and seconder agreed to this friendly amendment to add the 30-day notice requirement.

A substitute motion was introduced by Mayor Williamson, to duplicate the original motion, including the accepted friendly amendment, but discarding the three-unit exemption.

The substitute motion died for lack of a second.

The original motion, as amended by the successful friendly amendment, passed by the following vote:

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

7. Authorize a $29,874 Contribution to the Interfaith Homeless Emergency Lodging Program (IHELP) for Emergency Homeless Shelter Services (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Resolution No. 23-104 C.S.

Public comment in favor of authorizing the contribution was received from Tony Finnegan, of IHELP. The Council made positive remarks about I-HELP and the City's collaborative approach.

On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 23-104 C.S. authorizing a $29,874 Contribution to the Interfaith Homeless Emergency Lodging Program (I-HELP) for Emergency Homeless Shelter Services:

AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Council Regular Meeting, 10/3/2023, Item No. 3., Item Page 5, Packet Page 20 City Council Minutes September 19, 2023
6 8. Authorize the Finance Director to Appropriate a Total of $50,000 from the Neighborhood and Community Improvement Program (NCIP) Contingency Account to Three Previously Approved NCIP Projects ***NCIP*** (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 23-105 C.S.

9. Authorize the Purchase of One (1) Heavy-Duty Flatbed Truck at a Price Not to Exceed $165,000 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 23-106 C.S.

10. Authorize the Purchase of One (1) Utility Dump Truck at a Price Not to Exceed $110,000 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 23-107 C.S.

11. Authorize an Application to the California Coastal Commission for a Local Coastal Program Local Assistance Grant and, if Awarded, Appropriate the Funds and Authorize the City Manager to Enter into a Grant Agreement (Exempt from CEQA per Article 19, Section 15306, Class 6) Action: Adopted Resolution No. 23-108 C.S.

12. Authorize the City of Monterey to Apply for the CalRecycle SB 1383 Local Assistance Grant Program for FY 2023-2024 Through FY 2028-2029 Either Individually or Jointly with ReGen Monterey or Other Local Agencies (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 23-109 C.S.

13. Adopt a Resolution to Execute a Memorandum of Understanding (MOU) for FY 2023-2024 Between the Monterey Regional Waste Management District (ReGen Monterey) and Member Agencies Regarding Compliance with Organic Waste Recycling and Food Recovery Laws (SB 1383) and Authorize the Payment of $31,526 for These Services (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-110 C.S.

14. Authorize the City Manager to Sign an Agreement for Destination Marketing and Group Sales Services in an Amount Not to Exceed $1,800,000 with the Monterey County Convention and Visitors Bureau (dba See Monterey) Effective July 1, 2023 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-111 C.S.

Other

15. Recognize City Employees for Milestone Anniversaries and Retirements for 3rd Quarter 2023 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Recognized Javier Galvan, Parking Maintenance Worker, for 25 years of service

16. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 693 Del Monte Avenue (Monterey Bay Kayaks); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Cass Schrock (Monterey Bay Kayaks, Inc.); Under Negotiation: Price and Terms of Payment for Lease Extension (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Appointed agency negotiators Kimberly Cole and Janna Aldrete Council Regular Meeting, 10/3/2023, Item No. 3., Item Page 6, Packet Page 21 City Council Minutes September 19, 2023
7 *** End of Consent Agenda ***
Adjourn to Ocean View Community Services District Meeting: Consent Agenda At 10:42 p.m. after Items 19 and 20 were tabled, the Council adjourned to the Ocean View Community Services District meeting.

17. Receive Ocean View Community District Quarterly Report (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5, Section 15061) Action: Received report
This item was heard in the evening session, pursuant to the consensus decision of the Council during the afternoon session.

Public comment on the matter was received earlier in the meeting, during the afternoon, from Bob Faulis, who asked for a letter of support to the Coastal Commission and provided an update on the status of the legal case regarding the vacant land on Cannery Row.

Adjourn to City Council Meeting
The Ocean View Community Services District boardmembers adjourned to the City Council meeting.
*** Adjourn to Closed Session (See additional agenda) *** The Council adjourned to closed session at 6:35 p.m.

RECESS

RECONVENE
The Council reconvened at 7:20 p.m.
*** Evening Session Agenda ***

PLEDGE OF ALLEGIANCE
Councilmember Barber led the Pledge.

CONTINUED PUBLIC COMMENTS (MATTERS NOT ON AGENDA)
Continued public comment on non-agendized matters was received from: Julie Gorman, Taven Kinison-Brown, Luis Osorio, Tom Reeves, PK Diffenbaugh, and Lorna Moffat. During public comments, Mayor Williamson left the Chamber at 7:25 p.m. and returned at 7:27 p.m., and Councilmember Smith left the Chamber at 7:32 p.m. and returned at 7:34 p.m.

ANNOUNCEMENTS FROM CLOSED SESSION
City Attorney Davi announced:

Council Regular Meeting, 10/3/2023, Item No. 3., Item Page 7, Packet Page 22 City Council Minutes September 19, 2023
8 cs1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1), Michael Bruno v. City of Monterey (Workers' Compensation Appeals Board Case)
Action: On a unanimous roll call vote, the Council gave confidential direction to legal counsel
cs2. Conference with Legal Counsel, Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2), (e)(3): In re: Western Sky Produce, LLC (business license tax dispute) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: On a unanimous roll call vote, the Council gave confidential direction to legal counsel
cs3. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: 693 Del Monte Avenue (Monterey Bay Kayaks)
Agency Negotiators: Kimberly Cole and Janna Aldrete
Negotiating Parties: Cass Schrock (Monterey Bay Kayaks, Inc.) Under Negotiation: Price and Terms of Payment for Lease Extension (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a roll call vote of 4-0-1 (Councilmember Smith absent), the Council gave confidential direction to real property negotiators
Adjourn to Joint Special Meeting and Establish Quorum of the Planning Commission The Council adjourned to the joint special meeting with the Planning Commission. City Clerk Klein called the roll, establishing the quorum of the Planning Commission as follows:
[add table showing roll call of PC: Commissioners Bluth, Brassfield, Dawson, Fletcher, Freeman, Latasa, Silva]
JOINT SPECIAL MEETING: CITY COUNCIL AND PLANNING COMMISSION

18. Review a Summary of Public Comments Received During the Required 30-Day Public Comment Period on the 2023-2031 Draft Housing Element (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Reviewed the summary of public comments
City Manager Uslar made a verbal introduction, and Community Development Director Cole gave the staff presentation together with Andrew Hill, consultant with Dyett & Bhatia Urban & Regional Planners. During the presentation by Mr. Hill, Councilmember Garcia left the Chamber at 7:46 p.m. and returned at 7:48 p.m., Mayor Williamson left the Chamber at 8:11 p.m. and returned at 8:13 p.m., and Councilmember Barber left the Chamber at 8:28 p.m. and returned at 8:30 p.m. Mr. Hill and Community Development Director Cole answered questions received from the Planning Commissioners and Councilmembers. During questions, Councilmember Haffa left the Chamber at 8:36 p.m. and returned at 8:39 p.m. and Councilmember Smith left the Chamber at 8:58 p.m. and returned at 8:59 p.m.

Suggestions received from the Planning Commission and City Council included utilizing an electronic inventory form; adding stakeholder agencies including Del Rey Oaks, the Airport, Monterey County; the need to add amenities like grocery stores to Ryan Ranch area; raising height limits in business corridors; and focusing on employer-sponsored housing. Concerns expressed included unintended consequences such as parking, traffic, evacuation difficulties, Council Regular Meeting, 10/3/2023, Item No. 3., Item Page 8, Packet Page 23 City Council Minutes September 19, 2023
9 and future strains on services due to the addition of residents. It was stated that the affordability mix at Fort Ord should be high.

The Council and Planning Commission recessed at 9:18 p.m. and reconvened at 9:25 p.m.

Public comment was received from: Kevin Dayton, of Monterey Peninsula Chamber of Commerce, who spoke in favor of the draft Housing Element; Gabe Sanders, of Monterey Bay Economic Partnership (MBEP), who provided clarification about common areas and MBEP's lack of support for in-lieu fees and spoke in support of the streamlined permitting pilot program and continuing conversations with developers; Luis Osorio, who made many suggestions including using the fairground site for housing, looking at restrictive height and setbacks requirements, developing a specific plan for the Tarpey Flats and school district site, and removing hotel units on North Fremont Street; Sloan Campi, who spoke about parking requirements and stated that car ownership will be decreasing, and solutions lie in increasing transit use and density; Cora Panturad, who gave many program and policy suggestions including around sustainability requirements for new construction, traffic calming and noise pollution reduction; Suzie Wooster, who spoke favor of mixed use at Fort Ord and about the need to think about climate impacts, reduce commutes, and get people out of cars; Jose Torres, of Landwatch Monterey County, who spoke in favor of infill development and less sprawl, citing environmental impacts, and said that Monterey-Salinas Transit ("MST") should increase public transit in the Ryan Ranch area; Lorna Moffat, who said that the Council should fight for Monterey and sue the State of California over their requirements; Tom Reeves, who discussed the Lighthouse area housing allocation, the tunnel, sea level rise and fire risks, and emergency evacuation concerns; P. K. Diffenbaugh, who spoke in support of the educator workforce overlay and said that the Monterey Peninsula Unified School District ("MPUSD") wanted to be part of the solution; Adam Pinterits, of Monterey County Association of Realtors, who said that it was imperative for the City to move forward with increasing its housing, and the related need for a reliable water source, and asked Council to emphasize streamlining processes; Esther, who wondered how many Landwatch members experience housing instability, and said that some moderate housing is needed in order to free up units; and Diane Coward, who spoke in support of approving the draft Housing Element, and said that greater density in the Cass Street area would allow more housing units.

During public comments, a coordinated verbal attack was conducted via Zoom by numerous individuals who joined the meeting in bad faith and espoused racist and anti-Semitic views, used abhorrent hate speech, and did not address the draft Housing Element. Mayor Williamson requested that comments remain on-topic to the matter of the draft Housing Element, and when speakers were unwilling to comply, their comments were cut short.

Adjourn to City Council Meeting
The joint meeting with the Planning Commission ended at 10:19 p.m., and the Mayor and Councilmembers adjourned to the City Council meeting.

PUBLIC APPEARANCE (EVE)

19. Approve or Direct any Changes to the Public Review Draft of the Housing Element; and Authorize the City Manager to send a Revised Draft Housing Element to HCD to Start the Legally Mandated 90-day HCD Review (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Tabled
Council Regular Meeting, 10/3/2023, Item No. 3., Item Page 9, Packet Page 24 City Council Minutes September 19, 2023
10 City Attorney Davi gave a brief presentation explaining the process for recusals based on 500- and 1000-foot radius of property owned by Councilmembers.

Mayor Williamson left the Chamber at 10:25 p.m., and Vice Mayor Haffa and the Council took up the matter of his recusal sites.

During the period intended for public comments on Mayor Williamson’s recusal sites, racist and anti-Semitic remarks on Zoom continued, with no comments made in relation to the draft Housing Element. Vice Mayor Haffa requested that comments remain on-topic to the matter of the draft Housing Element, and when speakers were unwilling to comply, their comments were cut short.

The Council recessed at 10:30 p.m. and reconvened at 10:41 p.m.

On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council tabled Items 19 and 20:

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

PUBLIC HEARING (EVE)

20. 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) Action: Tabled

COUNCIL COMMENTS
The Mayor and Council discussed expressed sincere appreciation for the Planning Commission, the community, staff, and consultants relating to the draft Housing Element.

Councilmember Garcia thanked Police Chief Hober and Lieutenant Andrews for coordinating his ride-along with Officer Ventimiglia.

Councilmember Haffa said he attended the Monterey Vista Neighborhood Association and Fisherman's Flats neighborhood parties and enjoyed them. He highlighted the Cannery Row Plaza project and said that he thought the Council should consider writing a letter to the Coastal Commission to support the project. Regarding the Housing Element, he said that the City is working to address climate change.

Mayor Williamson reported from Monterey One Water about Pure Water Monterey's water delivery. He said there was discussion about changing the weighted vote in the JPA and that it may reduce the power of Monterey's vote.

CITY MANAGER REPORTS
City Manager Uslar announced upcoming events at the Montecito Park Center.

Council Regular Meeting, 10/3/2023, Item No. 3., Item Page 10, Packet Page 25 City Council Minutes September 19, 2023
11 ADJOURNMENT
The Council adjourned at 10:55 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor
Council Regular Meeting, 10/3/2023, Item No. 3., Item Page 11, Packet Page 26 Council
Agenda Report
№08/22
FROM: Andrea Renny, PE, PTOE, Public Works Director
Prepared By: Jesus Rios, Engineering Project Manager
SUBJECT: Award a Construction Contract in the Amount of $4,782,430 to McKim Corporation for the Citywide Road Surface Repair Project, Phase 5 (Exempt from CEQA Article 19, Section 15301, Class 1) ***Measure S *** RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Approving the plans and specifications for the Citywide Road Surface Repair Project, Phase 5 (35c1553) (“Project”) which are available in the office of the City Engineer (Room 7), and granting the Public Works Director, or their designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Accepting all responsive, responsible bids;

3. Awarding a construction contract for the Total Base Bid to the lowest responsive, responsible bidder, McKim Corporation, in the amount of $4,782,430;

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

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

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

This action is consistent with the City Council’s Value Drivers and Strategic Priorities of Active Mobility – “Maintain and repair core street, roadway, and storm drain infrastructure;” Quality of Life – “Respond effectively to neighborhood concerns;” Fiscal Stewardship – “Prioritize funding models and sources for facility rehabilitation, repair, and replacement.” This action is in accordance with Chapter 28-Purchasing of the City Code, which requires Public Works project contract awards exceeding $150,000 to be approved by City Council.

FISCAL IMPLICATIONS:

Six (6) bids were received through the City’s e-Procurement Portal, OpenGov Procurement, and opened by the Finance Director’s designee on August 29, 2023 as follows:

Date: 10/3/2023
Item No.: 4.

Council Regular Meeting, 10/3/2023, Item No. 4., Item Page 1, Packet Page 27 Bidder Total Base Bid
McKim Corporation $4,782,430.00
A. Teichert & Son, Inc. dba Teichert Construction $5,006,255.00 DRYCO Construction, Inc. $5,412,715.25
Granite Rock Company $5,481,000.00
The Don Chapin Company $5,559,555.00
Granite Construction Company $5,848,390.60
Engineer’s Estimate $5,000,000.00
Basis of award for this project is based on the Total Base Bid.

Total Project Construction Estimate:

Construction Contract (Total Base Bid) $4,782,430.00
Construction Contingency, 15% $717,364.50
Total Project Construction Estimate (This Authorization) $5,499,794.50 Engineering, Construction Management and Inspection (Staff) $178,200.00 Total Estimated Cost to Complete the Project $5,677,994.50 Funding Sources:

Measure P/S – Pavement (35C1553) $9,299,783.13
As of September 8, 2023, sufficient funding is available to complete the project. The Project is funded by Measure S, a one percent sales tax measure approved by voters to fix streets, sidewalks, storm drains, and install curb ramps at intersections.

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project consists of, but is not limited to, pavement spot repair of approximately 266,193 square feet, crack sealing, placing of approximately 1,017,463 square feet of slurry seal type II, associated striping removal and replacement, refreshing of existing painted street markings, traffic control, and installation of necessary environmental pollution prevention requirements on various streets in Monterey. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially Council Regular Meeting, 10/3/2023, Item No. 4., Item Page 2, Packet Page 28 adopted pursuant to law by federal, state, or local agencies. Exception a – Location – does not apply to projects which are exempt under Class 1.

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

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

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

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

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

The project will not disturb native soil or alter existing drainage. Therefore, the project would not have an impact on archeological resources.

ALTERNATIVES CONSIDERED:

Council could choose not to award the construction contract for this project; however, the proposed project implements maintenance activities that are required to preserve existing infrastructure.

DISCUSSION:

The project is located in the New Monterey, and Downtown neighborhoods and consists of the removal and replacement of deteriorated and damaged concrete curb, gutter, sidewalk, crossings, asphalt concrete (AC), the application of crack sealant, and the placement of slurry to existing streets throughout the City. This project is part of the Measure P and S efforts to maintain city streets.

The project plans and specifications were developed by City staff and extensively advertised for construction bids and are available for public review in the Office of the City Engineer (580 Pacific St., Room 7).

On August 29, 2023, the City received six (6) bids. The lowest responsive total base bid was submitted by McKim Corporation, from Gilroy, Calif., in the amount of $4,782,430, which was Council Regular Meeting, 10/3/2023, Item No. 4., Item Page 3, Packet Page 29 below the Engineer’s Estimate of $5,000,000. Sufficient funding is available for this project and Staff recommends award of the total base bid in the amount of $4,782,430.

McKim Corporation has performed and successfully completed work in the City of Monterey, including Citywide Sidewalk Repair, Phase 4, Citywide Sidewalk Repair, Phase 5, and Citywide Curb Ramp Project, Phase 3. They have submitted references for their work product. Staff has checked the firm’s references and is confident in the ability of the contractor to perform the work successfully.

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

1. Approving the plans and specifications for the Citywide Road Surface Repair Project, Phase 5 (35c1553) (“Project”), which are available in the office of the City Engineer (Room 7), and granting the Public Works Director or their designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Accepting all responsive, responsible bids;

3. Awarding a construction contract for the Total Base Bid to the lowest responsive, responsible bidder, McKim Corporation, in the amount of $4,782,430;

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

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

JR/fm
Attachments: 1. Resolution

2. List of Streets included in Base Bid

3. Bid Results
e: McKim Corporation
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 10/3/2023, Item No. 4., Item Page 4, Packet Page 30 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
TO AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $4,782,430 TO MCKIM CORPORATION FOR THE CITYWIDE ROAD SURFACE REPAIR PROJECT, PHASE 5 ***MEASURE S***
WHEREAS, on the 29 day of August 2023, at 2:00 p.m. the City of Monterey Finance Director’s designee received six (6) electronic bids through the City’s e-Procurement Portal, OpenGov Procurement, for the Citywide Road Surface Repair Project, Phase 5 (“Project”); WHEREAS, the project is located in the New Monterey, and Downtown neighborhoods; WHEREAS, McKim Corporation, A. Teichert & Son, Inc. dba Teichert Construction, DRYCO Construction, Inc., Granite Rock Company, The Don Chapin Company, and Granite Construction Company submitted responsive, responsible bids for the Project; WHEREAS, the basis of award for the Project was the Total Base Bid; WHEREAS, McKim Corporation submitted the lowest responsive, responsible bid in the amount of $4,782,430;
WHEREAS, sufficient funds are available in account 35C1553 to complete the work; WHEREAS, the Project is funded by Measure S, a one percent sales tax measure approved by voters to fix streets, sidewalks, storm drains, and install curb ramps at intersections. Measure S will sunset in 2027;
WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project consists of, but is not limited to, pavement spot repair of approximately 266,193 square feet, crack sealing, placing of approximately 1,017,463 square feet of slurry seal type II, associated striping removal and replacement, refreshing of existing painted street markings, traffic control, and installation of necessary environmental pollution prevention requirements on various streets in Monterey. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

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

Council Regular Meeting, 10/3/2023, Item No. 4., Item Page 5, Packet Page 31 2 Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. There would be no cumulative impact because the project does not involve the creation of additional automobile lanes.

The project will not disturb native soil or alter existing drainage. Therefore, the project would not have an impact on archeological resources.

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

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

1. Approves the plans and specifications for the Citywide Road Surface Repair Project, Phase 5 (35c1553) (“Project”) which are available in the office of the City Engineer (Room 7), and granting the Public Works Director or their designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Accepts all responsive, responsible bids;

3. Awards a construction contract for the Total Base Bid to the lowest responsive, responsible bidder, McKim Corporation, in the amount of $4,782,430;

4. Authorizes the City Manager, or their designee, to execute the contract upon the receipt of information required by the Project plans and specifications; and, Council Regular Meeting, 10/3/2023, Item No. 4., Item Page 6, Packet Page 32 3 5. Authorizes staff to expend up to an additional 15% for unforeseen construction contingencies for timely completion of the Project.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 10/3/2023, Item No. 4., Item Page 7, Packet Page 33 CITYWIDE ROAD SURFACE REPAIR PROJECT, PHASE 5

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Council Regular Meeting, 10/3/2023, Item No. 4., Item Page 8, Packet Page 34

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Council Regular Meeting, 10/3/2023, Item No. 4., Item Page 9, Packet Page 35

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LYNDON ST DAVID AVE WITHERS AVE

LYNDON ST IRVING AVE PRESCOTT AVE

LYNDON ST PRESCOTT AVE HOFFMAN AVE

MCCLELLAN AVE CYPRESS ST LILY ST

MCCLELLAN AVE NEWTON ST LILY ST

NEWTON ST DAVID AVE IRVING AVE

OAK ST DAVID AVE IRVING AVE

PARCEL ST WITHERS AVE IRVING AVE

PINE ST DAVID AVE IRVING AVE

PINE ST IRVING AVE PRESCOTT AVE

PINE ST PRESCOTT AVE HOFFMAN AVE

SPENCER ST LINE ST DAVID AVE
ATTACHMENT 2
Council Regular Meeting, 10/3/2023, Item No. 4., Item Page 10, Packet Page 36

SPENCER ST DAVID AVE IRVING AVE

SPENCER ST IRVING AVE PRESCOTT AVE

SPENCER ST PRESCOTT AVE HOFFMAN AVE

SPENCER ST HOFFMAN AVE MCCLELLAN AVE

SPENCER ST MCCLELLAN AVE DRAKE AVE

SPENCER ST DRAKE AVE DICKMAN AVE

SPENCER ST DICKMAN AVE SE END

TAYLOR ST WITHERS AVE DAVID AVE

TAYLOR ST IRVING AVE WITHERS AVE

TERRY ST LINE ST DAVID AVE

TERRY ST DAVID AVE WITHERS AVE

TERRY ST WITHERS AVE IRVING AVE

TERRY ST IRVING AVE PRESCOTT AVE

TERRY ST PRESCOTT AVE HOFFMAN AVE

WITHERS AVE JESSIE ST LOBOS ST

WITHERS AVE LOBOS ST LOTTIE ST

WITHERS AVE LOTTIE ST TAYLOR ST

WITHERS AVE TAYLOR ST ALICE ST

WITHERS AVE ALICE ST LYNDON AVE

WITHERS AVE LYNDON AVE PARCEL ST

WITHERS AVE PARCEL ST TERRY ST

WITHERS AVE TERRY ST GRACE ST

WITHERS AVE GRACE ST FILMORE ST

WITHERS AVE FILMORE ST CYPRESS ST

WITHERS AVE CYPRESS ST LILY ST

ALMA ST ABREGO ST FIGUEROA ST

BORONDA LN SE END MAJOR SHERMAN LN

CORTES ST DEL MONTE AVE TAUFNER LN

CORTES ST TAUFNER LN E FRANKLIN ST
ATTACHMENT 2
Council Regular Meeting, 10/3/2023, Item No. 4., Item Page 11, Packet Page 37

CORTES ST E FRANKLIN ST ANTHONY ST

CORTES ST ANTHONY ST PEARL ST

CORTES ST PEARL ST ROBINSON ST

CORTES ST ROBINSON ST WEBSTER ST

DAVIS LN CASS ST EAST END

MAJOR SHERMAN LN PERRY LN FREMONT ST

ROBINSON ST CORTES ST CAMINO EL ESTERO

SARGENT CT EAST END CASS ST

VIA JOAQUIN EL DORADO ST SOUTH END
ATTACHMENT 2
Council Regular Meeting, 10/3/2023, Item No. 4., Item Page 12, Packet Page 38 City of Monterey
Public Works
Andrea Renny, Public Works Director
580 Pacific Street, Monterey, CA 93940

EVALUATION TABULATION
General Solicitation - CITYWIDE ROAD SURFACE REPAIR PROJECT, PHASE 5 (35C1553)

Page 1 ends

EVALUATION TABULATION
GEN No. TBD
CITYWIDE ROAD SURFACE REPAIR PROJECT, PHASE 5 (35C1553) RESPONSE DEADLINE: August 29, 2023 at 2:00 pm
Friday, September 8, 2023

SELECTED VENDOR TOTALS
Vendor Total
McKim Corporation $4,782,430.00
A. Teichert & Son, Inc. dba
Teichert Construction
$5,006,255.00
DRYCO Construction, Inc. $5,412,715.25
Granite Rock Company $5,481,000.00
The Don Chapin Company $5,559,555.00
Granite Construction
Company
$5,848,390.60

PRICING TABLE
Vendor Total
McKim Corporation $4,782,430.00
A. Teichert & Son, Inc. dba
Teichert Construction
$5,006,255.00
DRYCO Construction, Inc. $5,412,715.25
Granite Rock Company $5,481,000.00
The Don Chapin Company $5,559,555.00
Granite Construction
Company
$5,848,390.60
ATTACHMENT 3
Council Regular Meeting, 10/3/2023, Item No. 4., Item Page 13, Packet Page 39 Council
Agenda Report
№08/22
FROM: Karen Larson, Parks and Recreation Director
Prepared By: Louie Marcuzzo, Parks Operations Manager
SUBJECT: Authorize Application for and Acceptance of Grant Funds from the State Department of Forestry and Fire Protection (CAL FIRE) for Implementation of the Greenbelt Fuel Reduction Action Plan, Authorize an Increase in FY24 and FY25 Annual Revenues by $400,000, Appropriate Grant Funds, Appropriate Annual Matching Funds of $75,000, and Authorize the City Manager to Execute the Grant Agreement with CAL FIRE (Approved Supplemental Initial Study Mitigated Negative Declaration)
RECOMMENDATION:

That the City Council adopt the attached resolution to:

1. Approve the filing of an application for “California Climate Investments Wildfire Prevention Grants Program.”

2. Amend the FY 2023-24 budget to increase the revenue by $400,000 and appropriate grant funds and the city’s matching funds of $75,000.

3. Approve the award of $400,000 in grant funds for FY 2024-25 and appropriate grant funds and the city’s matching funds of $75,000.

4. Authorize the City Manager to enter into grant agreement 22-WP-BEU-47727360 to accept a $800,000 grant from CAL FIRE for the Greenbelt Fuel Reduction Action Plan with an agreement for the City to provide matching funds of $150,000.

VALUE DRIVERS:

POLICY IMPLICATIONS:

This action supports the Strategic Priority to “identify and seek grant funding opportunities for City services and infrastructure, including parks, recreation, library, museums, public safety, fire prevention, and planning.”
FISCAL IMPLICATIONS:

CAL FIRE awarded the City $950,000 for the Greenbelt Fuel Reduction Action Plan; this amount consists of $800,000 of reimbursable funds by CAL FIRE and a total $150,000 of matching City funds over the next two years. The match of annually $75,000 will be funded by existing appropriations from Forestry Contractual Services account (101-500-5230-0000-4220) and optional funding from Neighborhood and Community Improvement Program (NCIP) sources intended for Greenbelt Fuel Reduction/Forest Management projects.

Date: 10/3/2023
Item No.: 5.

Council Regular Meeting, 10/3/2023, Item No. 5., Item Page 1, Packet Page 40 Project Funding:

Funding Source FY2023-24 FY 2024-25 Total
CAL FIRE Grant $400,000 $400,000 $800,000
Matching City Funds $75,000 $75,000 $150,000
TOTAL $475,000 $475,000 $950,000
ENVIRONMENTAL DETERMINATION:

City greenbelt fuel reduction activities funded by the CalFire grant will fall under the City’s Greenbelt Fuel Reduction Plan. On October 25, 2022, the City of Monterey certified a Supplemental Mitigated Negative Declaration for the Greenbelt Fuel Reduction Plan. The City has identified eight treatment areas within the City’s greenbelt system—the Skyline Forest, Veterans Park, Monte Vista, Carmelo Street, Don Dahvee, Josselyn Canyon, Fisherman Flats, and Old Capitol Site greenbelts where the fire hazard is high due to high fuel loads. Wildfire in these greenbelts could result in substantial impacts to natural resources and substantial health, safety, and welfare impacts to the built/human environment adjacent to these areas. To reduce the risk of wildfire, the City prepared a Fuel Reduction Plan (Plan) for the Plan Area and approved an Initial Study/Mitigated Negative Declaration (IS/ MND) for the Plan in 2020; however, at the time these documents were prepared, the Old Capitol Site greenbelt was not part of the Plan Area. The City acquired the Old Capitol Site greenbelt from the Pebble Beach Company as part of a deed agreement and, due to high fuel loads within this greenbelt, added it to the Plan Area. The addition of the Old Capitol Site greenbelt to the Plan Area resulted in revisions to the adopted Fuel Reduction Plan. Therefore, the City prepared a Draft Supplemental IS/MND to analyze and disclose the potentially significant environmental effects associated with the expansion of the Plan Area to include the Old Capitol Site greenbelt.

Per the California Environmental Quality Act (CEQA), a Notice of Intent to Adopt a Supplemental Mitigated Negative Declaration was posted according to CEQA Section 15072 and a Draft Initial Study and Supplemental Mitigated Negative Declaration (IS/MND) were circulated for public review for the required 30-day public review period, from September 1, 2022 to October 3, 2022 (CEQA Section 15073), during which time all related documents were made available at the Monterey City Hall Planning Office by appointment and on the City’s website; and the Supplemental IS/MND identifies that the project could result in potentially significant environmental impacts associated with biological resources, cultural resources, geology/soils, hazards and hazardous materials, hydrology/water quality, and mandatory findings of significance; and Mitigation Measures have been required that will reduce the potential impacts to a less than significant level. A Notice of Determination was filed (SCH 2022080742) according to CEQA requirements following City Council adoption of the Negative Declaration and approval of the Greenbelt Fuel Reduction Plan as amended.

Additionally, pursuant to CEQA Guideline Sections 15162, and based on the review of the entire record, including without limitation, the IS/MND, the City Council finds that the proposed action does not require further environmental review as: 1) no substantial changes are proposed to the project and no substantial changes have occurred that require major revisions to the IS/MND due to the involvement of new significant environmental effects or an increase in severity of previously identified significant effects; and 2) no new information of substantial importance has come to light that (a) shows the project will have one or more significant effects Council Regular Meeting, 10/3/2023, Item No. 5., Item Page 2, Packet Page 41 not discussed in the IS/MND, (b) identifies significant impacts would not be more severe than those analyzed in the IS/MND, (c) shows that mitigation measures or alternatives are now feasible that were identified as infeasible and those mitigation measures or alternatives would reduce significant impacts, and (d) no changes to mitigation measures or alternatives have been identified or are required. Pursuant to CEQA Guidelines §15162(b), the City Council finds and recommends that no further analysis or environmental documentation is necessary.

Accordingly, the proposed City Council action is merely a step-in furtherance of the original project for which environmental review was performed and no supplemental or subsequent CEQA has been triggered, and no further environmental review is required.

ALTERNATIVES CONSIDERED:

The City Council could choose not to apply for or accept these grant funds; however, this would prevent the City from proceeding with this beneficial fire fuel reduction project at costs borne by another entity than the City.

DISCUSSION:

Pending City Council approval, the City of Monterey has been awarded $950,000 by CAL FIRE for the Greenbelt Fuel Reduction Action Plan, which includes $150,000 of matching funds from the City. The City identified eight target areas within the City’s greenbelt system where the fire hazard is high due to high fuel loads. Wildfire in these greenbelts could result in considerable impacts to natural resources and substantial health, safety, and welfare impacts to the built/human environment adjacent to these areas. To reduce the risk of wildfire, the City developed a Greenbelt Fuel Reduction Plan providing a roadmap on mitigating the fire risk in our community and maintaining these efforts. This project aligns with the Plan to reduce fire hazards through clearing, chipping, grazing, and creating fuel breaks throughout the City’s Greenbelt System. The goal is to reduce high fuel loads, prevent catastrophic wildfires and protect approximately 2,933 homes directly adjacent to the City’s greenbelts. Some of the identified areas are located in ‘Very High Fire Hazard Severity Zones,’ according to the California Office of State Fire Marshal.

With this additional grant funding the Forestry division will be able to substantially increase the number of fuel reduction activities in these assigned greenbelt areas.

KL/sg
Attachments: 1. Resolution

2. Application Correspondence

3. Budget Narrative
e: Felicia Ming, Grant Coordinator
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 10/3/2023, Item No. 5., Item Page 3, Packet Page 42 RESOLUTION NO. __- ___ C.S.

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

AUTHORIZE APPLICATION FOR AND ACCEPTANCE OF GRANT FUNDS FROM THE

STATE DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE) FOR

IMPLEMENTATION OF THE GREENBELT FUEL REDUCTION ACTION PLAN, AUTHORIZE AN INCREASE IN FY24 AND FY25 ANNUAL REVENUES BY $400,000, APPROPRIATE GRANT FUNDS, APPROPRIATE ANNUAL MATCHING FUNDS OF $75,000, AND

AUTHORIZE THE CITY MANAGER TO EXECUTE GRANT AGREEMENT WITH CAL FIRE WHEREAS, the Governor of the State of California in cooperation with the California State Legislature has enacted State of California Climate Investment, which provides funds to the State of California and its political subdivisions for fire prevention programs; and WHEREAS, the State Department of Forestry and Fire Protection (CAL FIRE) has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies, non-profit organizations, and others under the program, and
WHEREAS, the applicant will enter into an agreement with the State of California to implement the City’s Greenbelt Fuel Reduction Action Plan project; WHEREAS, City greenbelt fuel reduction activities funded by the CalFire grant will fall under the City’s Greenbelt Fuel Reduction Plan. On October 25, 2022, the City of Monterey certified a Supplemental Mitigated Negative Declaration for the Greenbelt Fuel Reduction Plan.

The City has identified eight treatment areas within the City’s greenbelt system—the Skyline Forest, Veterans Park, Monte Vista, Carmelo Street, Don Dahvee, Josselyn Canyon, Fisherman Flats, and Old Capitol Site greenbelts where the fire hazard is high due to high fuel loads.

Wildfire in these greenbelts could result in substantial impacts to natural resources and substantial health, safety, and welfare impacts to the built/human environment adjacent to these areas. To reduce the risk of wildfire, the City prepared a Fuel Reduction Plan (Plan) for the Plan Area and approved an Initial Study/Mitigated Negative Declaration (IS/ MND) for the Plan in 2020; however, at the time these documents were prepared, the Old Capitol Site greenbelt was not part of the Plan Area. The City acquired the Old Capitol Site greenbelt from the Pebble Beach Company as part of a deed agreement and, due to high fuel loads within this greenbelt, added it to the Plan Area. The addition of the Old Capitol Site greenbelt to the Plan Area resulted in revisions to the adopted Fuel Reduction Plan. Therefore, the City prepared a Draft Supplemental IS/MND to analyze and disclose the potentially significant environmental effects associated with the expansion of the Plan Area to include the Old Capitol Site greenbelt.

Per the California Environmental Quality Act (CEQA), a Notice of Intent to Adopt a Supplemental Mitigated Negative Declaration was posted according to CEQA Section 15072 and a Draft Initial Study and Supplemental Mitigated Negative Declaration (IS/MND) were circulated for public review for the required 30-day public review period, from September 1, 2022 to October 3, 2022 (CEQA Section 15073), during which time all related documents were made available at the Monterey City Hall Planning Office by appointment and on the City’s website; and the Supplemental IS/MND identifies that the project could result in potentially Council Regular Meeting, 10/3/2023, Item No. 5., Item Page 4, Packet Page 43 2 significant environmental impacts associated with biological resources, cultural resources, geology/soils, hazards and hazardous materials, hydrology/water quality, and mandatory findings of significance; and Mitigation Measures have been required that will reduce the potential impacts to a less than significant level. A Notice of Determination was filed (SCH 2022080742) according to CEQA requirements following City Council adoption of the Negative Declaration and approval of the Greenbelt Fuel Reduction Plan as amended.

Additionally, pursuant to CEQA Guideline Sections 15162, and based on the review of the entire record, including without limitation, the IS/MND, the City Council finds that the proposed action does not require further environmental review as: 1) no substantial changes are proposed to the project and no substantial changes have occurred that require major revisions to the IS/MND due to the involvement of new significant environmental effects or an increase in severity of previously identified significant effects; and 2) no new information of substantial importance has come to light that (a) shows the project will have one or more significant effects not discussed in the IS/MND, (b) identifies significant impacts would not be more severe than those analyzed in the IS/MND, (c) shows that mitigation measures or alternatives are now feasible that were identified as infeasible and those mitigation measures or alternatives would reduce significant impacts, and (d) no changes to mitigation measures or alternatives have been identified or are required. Pursuant to CEQA Guidelines §15162(b), the City Council finds and recommends that no further analysis or environmental documentation is necessary.

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

1. Approved the filing of an application for “California Climate Investments Wildfire Prevention Grants Program”.

2. Certifies that the City has or will have sufficient funds to operate and maintain the project.

3. Certifies that funds under the jurisdiction of the City of Monterey are available to begin the project.

4. Certifies that said applicant will expend grant funds prior to October 31, 2025.

5. Authorizes City Manager, or a designee, to conduct all negotiations, execute and submit all documents including, but not limited to grant agreement 22-WP-BEU-47727360, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project.

6. Authorizes Finance Director to amend the FY 2023-24 budget in increase grant revenues and appropriations by $400,000; and appropriate annual matching funds of $75,000.

Council Regular Meeting, 10/3/2023, Item No. 5., Item Page 5, Packet Page 44 3 PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 10/3/2023, Item No. 5., Item Page 6, Packet Page 45 STATE OF CALIFORNIA NATURAL RESOURCES AGENCY Gavin Newsom, Governor “The Department of Forestry and Fire Protection serves and safeguards the people and protects the property and resources of California.”

DEPARTMENT OF FORESTRY AND FIRE PROTECTION
P.O. Box 944246
SACRAMENTO, CA 94244-2460
(916) 653-7772
Website: www.fire.ca.gov
July 26, 2023
Thys Norton
City of Monterey
Ryan Ranch Corporation Yard
Monterey, CA 93940
RE: PROJECT APPLICATION FOR THE CAL FIRE CALIFORNIA CLIMATE INVESTMENTS (CCI) WILDFIRE PREVENTION (WP) GRANTS
Dear Applicant:

The Department of Forestry and Fire Protection (CAL FIRE) is pleased to inform you that your application for the grant project entitled Greenbelt Fuel Reduction Action Plan (22-WP-BEU47727360) has been selected for funding.

You will receive the full agreement with instructions via email within 60 days. All documents must be returned to CAL FIRE no later than October 31, 2023. Failure to return documents by this date may result in loss of funding. It is important that you do not start on your grant project until you have received a confirmation that your grant agreement has been fully executed.

Please coordinate with your appropriate region staff to validate the polygons that were previously submitted for your project application. In addition, you may be required to provide information to complete the required emissions calculations for your project per the required Quantification Methodology. You will be contacted if this information is needed.

We look forward to working with you on your grant project. If you have any additional questions, please contact Tim Montgomery at (831) 601-6547 or [email protected].

Sincerely,
Natalie Burke
Staff Services Manager I
Wildfire Prevention Grants Program Manager
ATTACHMENT 2
Council Regular Meeting, 10/3/2023, Item No. 5., Item Page 7, Packet Page 46      Contact Us Emergency? Call 911 Translate Settings Home › What We Do › Grants › Wildfire Prevention Grants Wildfire Prevention Grants
Funds for projects in and near fire threatened communities to improve public health and safety while reducing greenhouse gas emissions.

The Wildfire Prevention Grants solicitation is closed. Please check back for future opportunities.

FY 2022-2023 Wildfire Prevention Grants Recipient List
CAL FIRE awards $113 Million in Local Wildfire Prevention Grants  The Wildfire Prevention Grants Program is funded through California Climate Investments (CCI), which puts cap-and-trade dollars to work. 
ATTACHMENT 2
Council Regular Meeting, 10/3/2023, Item No. 5., Item Page 8, Packet Page 47 23 | Page
CAL FIRE California Climate Investments (CCI)
Program - FY 2022-23 Wildfire Preven�on Grant
Awards
ATTACHMENT 2
Council Regular Meeting, 10/3/2023, Item No. 5., Item Page 9, Packet Page 48 29 | Page
CAL FIRE California Climate Investments (CCI) Program - FY 2022-23 Wildfire Prevention Grant Award Tracking
Number Applicant Project Title County Amount Awarded Project Description 22-WPBEU47727360
City of Monterey
Greenbelt Fuel
Reduction Action
Plan
Monterey
County* $950,000.00
The City identified eight target areas within the Citys greenbelt system where the fire hazard is high due to high fuel loads. Wildfire in these greenbelts could result in substantial impacts to natural resources and substantial health, safety, and welfare impacts to the built/human environment adjacent to these areas. To reduce the risk of wildfire, the City developed a Greenbelt Fuel Reduction Plan (Plan) providing a roadmap on mitigating the fire risk in our community and maintaining these efforts. This project aligns with the Plan to reduce fire hazards through clearing, chipping, grazing and creating fuel breaks throughout the Citys Greenbelt System.

The goal is to reduce high fuel loads, prevent catastrophic wildfires and protect the approximate 1,000 homes within close proximity of the Citys greenbelts.
22-WPBEU47945655
Community Association
of Big Sur (formerly
recognized as Coast
Property Owners
Association)
Fire Adapted
Communities
Program for
Greater Big Sur
Monterey
County* $553,977.05
Founded in 1962, the Community Association of Big Sur (CABS) provides wildfire risk reduction and disaster recovery services to citizens and businesses. With three Big Sur mega-fires since 2008 alone, CABS determined that a more proactive strategy was needed to be wildfire knowledgeable, ready, and adapted. CABS adopted the Fire Adapted Communities (FAC) Program, developed by Joe Stutler, Wildland Fire Cohesive Strategy, Western Region Co-Chair, and Area Commander, Area Command Team #1 . Fire Adapted Communities is built on proactive education and planning for wildfire management with residents, local businesses, and key fire agencies. To develop, manage and lead the initiative, CABS contracted a Fire Adapted Community Coordinator (FACC) in June 2022 with local business leaders agreeing to fund the first year of the FACC contract and collaborate for the success of the program.

CABS and the FACC, along with Big Sur Fire, and Joe Stutler in an advisory role, have launched the FAC program quickly and strategically.

ATTACHMENT 2
Council Regular Meeting, 10/3/2023, Item No. 5., Item Page 10, Packet Page 49 The City is requesting CALFIRE to award $800,000 over a two-year period to increase wildfire prevention efforts throughout the City’s greenbelt system, in accordance with the approved Greenbelt Fuel Reduction Plan. The Plan was adopted in 2020 and amended in 2022 to include the newly acquired 135-acre Old Capitol Site.

The Monterey Forestry Department has been implementing the Plan since adoption, utilizing general fund allocations, Neighborhood Community Improvement Program funding and in-kind services from CAL FIRE for inmate fire crews. Last year, the Neighborhood Community Improvement Program provided $550,000 and the City utilized CAL FIRE’s inmate fire crews to perform fuel reduction activities within the greenbelt system for a total of $29,000. In previous years, these amounts have been consistent, altering slightly.

The contractors utilized for all activities detailed in this application own the equipment for the fuel reduction activities described in the Plan and we are not requesting any equipment in this application.

With an additional $800,000 over a two-year period, the Forestry Department can substantially increase the number of activities in more greenbelt areas. The City will utilize approved contractors to complete fuel reduction efforts for this Project.

The Department will use all grant funding and matching funds towards the cost of approved contractors over the two-year grant performance period. The estimated Project total is $950,000. The total grant request for a two-year performance period is $800,000.

The City is providing matching funds totaling $150,000.

Program: FY 2022-2023 Wildfire Prevention Grants
Provided for: Thys Norton
On Wednesday, March 15, 2023 7:37:13 PM UTC

Page 1 of 1 ends

ATTACHMENT 3
Council Regular Meeting, 10/3/2023, Item No. 5., Item Page 11, Packet Page 50 Council
Agenda Report
№08/22
FROM: Gaudenz Panholzer, Fire Chief
Prepared By: Cheryl Kouretas, Senior Administrative Analyst SUBJECT: Authorize the City Manager to Accept State of California Office of Traffic Safety Grant for Regional Crash Response and Extrication Improvement Program and Appropriate the Grant Monies to Purchase Extrication Tools (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Authorizing the City Manager, or designee, to enter into a contract with the State of California Office of Traffic Safety to accept grant funding in the amount of $50,257;

2. Authorizing the appropriation of $50,257 to the Equipment Fund (101-250-2530- EQMT-4229) from the State of California Office of Traffic Safety Grant for the regional crash response and extrication improvement program. The appropriation is fully funded by reimbursable grant revenues.

VALUE DRIVERS:

POLICY IMPLICATIONS:

The new extrication equipment purchased with the grant funding will be placed on fire engines that do not currently have extrication equipment. Having extrication equipment on three (3) additional engines will reduce the response time for the arrival of appropriate extrication equipment to traffic crash scenes and the time to extricate the victims of traffic crashes, thus increasing survivability.

The piggyback justification has been reviewed and approved by the Finance Department on September 13, 2023, as meeting the City of Monterey’s purchasing requirements. City Council approval of the contract is not required as the purchase price will be less than $75,000.

FISCAL IMPLICATIONS:

The City was awarded $50,257 for the State of California Office of Traffic Safety Grant. An appropriation of $50,257 is necessary from the General Fund, which will be fully reimbursed by grant revenues.

Date: 10/3/2023
Item No.: 6.

Council Regular Meeting, 10/3/2023, Item No. 6., Item Page 1, Packet Page 51 ENVIRONMENTAL DETERMINATION:

ALTERNATIVES CONSIDERED:

The City Council may choose to not accept this grant and appropriate $50,257 from the General Fund to be reimbursed by the Office of Traffic Safety grant funds; however, this is not recommended as the additional equipment purchased will reduce time for extrication and increase survivability for traffic crashes.

DISCUSSION:

The City of Monterey Fire Department operates out of six (6) fire stations with daily staffing of 6 engine companies, 1 truck company and 1 Aircraft Rescue and Firefighting (ARFF) as well as the ability to staff additional apparatus as needed including a fireboat and an urban search and rescue unit. Currently, 1 engine (located at Station 14 in Pacific Grove) and 1 truck (located at Station 11 in downtown Monterey) have current extrication equipment. Since only these 2 apparatuses have proper extrication tools, if a different engine responds to a vehicle accident, they must await the engine/truck from farther away to arrive with the proper tools if extrication is needed. Depending on where the apparatus is, this may take up to 20 minutes to arrive to begin extrication.

In January 2023 the State of California Office of Traffic Safety released a grant opportunity with priority program areas including Emergency Medical Services to decrease the average response time for the arrival of appropriate equipment at crash sites.

The City of Monterey Fire Department applied for the grant in January 2023 for 5 extrication tools (Combi-tools), so all seven daily staffed engines/truck have a Combi-tool/extrication equipment available. In July 2023, the City was notified that the grant application was tentatively approved for 3 Combi-tools in the amount of $50,257. On September 11, 2023, the City received a draft grant agreement for acceptance.

The grant will cover the entire cost of purchasing 3 additional Combi-tools for 3 of the City’s engine companies. They will be strategically placed to achieve the shortest response time to vehicle accidents when an engine responds that does not have extrication equipment. The goal Council Regular Meeting, 10/3/2023, Item No. 6., Item Page 2, Packet Page 52 of the grant is to increase survivability by decreasing the time of arrival of appropriate equipment. The number of times that the grant funded equipment is used for extrication will be provided quarterly to the grant provider including a brief overview in order to assess the grant’s performance.

Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to accept the grant funding from the State of California Office of Traffic Safety and appropriate the grant monies to purchase extrication tools.

GP/ck
Attachments: 1. Draft Resolution
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 10/3/2023, Item No. 6., Item Page 3, Packet Page 53 RESOLUTION NO. __-___ C.S.

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

AUTHORIZE CITY MANAGER TO ACCEPT THE STATE OF CALIFORNIA OFFICE OF

TRAFFIC SAFETY GRANT FOR REGIONAL CRASH RESPONSE AND EXTRICATION

IMPROVEMENT PROGRAM AND APPROPRIATE THE GRANT MONIES TO PURCHASE

EXTRICATION TOOLS
WHEREAS, the City of Monterey was awarded a grant by the State of California Office of Traffic Safety for the regional crash response and extrication improvement program; WHEREAS, the grant award provides funding for new extrication equipment for a total amount of $50,257;
WHEREAS, extrication equipment is be used by first responders to safely extricate victims trapped in traffic crashes;
WHEREAS, the new extrication equipment will reduce the response time for the arrival of appropriate extrication equipment to traffic crash scenes and the time to extricate the victims of traffic crashes, thus increasing survivability;
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. 2 Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

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

1. Authorizes the City Manager, or designee, to enter into a contract with the State of California Office of Traffic Safety in order to accept the grant funding in the amount of $50,257;
Council Regular Meeting, 10/3/2023, Item No. 6., Item Page 4, Packet Page 54 2 2. Authorizes the appropriation of $50,257 to the Equipment Fund (101-250-2530- EQMT-4229) from the State of California Office of Traffic Safety Grant for the regional crash response and extrication improvement program.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 10/3/2023, Item No. 6., Item Page 5, Packet Page 55

Monterey City CouncilOctober 3, 2023

Monterey City Council
October 3, 2023