Agenda packet — Monterey City Council, October 17, 2023 (part 1 of 2)

Council Chamber
580 Pacific Street
Monterey, California
City Council Agenda
Council Regular Meeting
Tuesday, October 17, 2023
4:00 PM – 5:30 PM
7:00 PM – 11:00 PM
City Council
Tyller Williamson, Mayor
Kim Barber, Councilmember,
District 1
Gino Garcia, Councilmember
Alan Haffa, Councilmember
Ed Smith, Councilmember,
District 2
City Manager
Hans Uslar
How to participate in this meeting:
 Written comment: Members of the public may submit comment(s) to [email protected] until ½ hour before the start of the meeting. These messages are not read aloud during the meeting but are made available to the meeting body and public at https://monterey.org/submitted-comments. All comments received become part of the record.
 In-Person: Please see the meeting location listed above. Wearing a mask is recommended and encouraged.
 Remote via ZoomGov Webinar:
o Join on a computer or smartphone: https://montereyorg.zoomgov.com/j/1607729333 An up-to-date version of the Zoom software must be used.
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

PUBLIC COMMENTS (MATTERS NOT ON AGENDA)
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. The Mayor will request that persons wishing to speak line up at the podium, raise their hands, or use *9 on the telephone or the “raise hand” function in Zoom to determine the number of persons interested in speaking on non-agendized matters. The amount of time for public comment on non-agendized matters 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.
10/17/2023 4:00:00 PM
2 CONSENT ITEMS
CONSENT AGENDA consists of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Councilmember may request that an item be placed on the regular agenda for further discussion.

Approval of Minutes

1. September 27, 2023 Special Meeting (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061)

2. October 3, 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

3. Amend Resolution 23-069 to Include the Sports Center Pool ModernizationDehumidifier Replacement Project in the Capital Improvement Program, Authorize an Appropriation in the amount of $1,181,089.19, and Award a Construction Contract in the Amount of $965,000 to ACCO Engineered Systems, Inc. DBA Geo.

H. Wilson (Exempt from CEQA Article 19, Section 15301, Class 1) ***CIP*** Ordinances
ORDINANCES are legislative acts by the Council, are the most permanent and binding type of Council action as they modify the City Code, and may be replaced only by a subsequent ordinance. An ordinance requires legal advertisement prior to adoption, and two readings at separate Council meetings. An ordinance is considered "passed to print" when approved for a second reading, and is "passed and adopted" when given final approval by the Council.

4. 2nd Reading by Title Only 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) 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. Reappropriate Capital Improvement Program Closeout Project Budget Savings in the Amount of $5,453,555 to Various Active Capital Improvement Program Projects, and Appropriate $287,584 in General Fund Ending Balance to the Greenbelt Fuel Reduction & Tree Removal Project (CIP2104) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061; and Exempt from CEQA per Article 19, Sections 15301, 15303, 15306, and Classes 1 and 6) ***CIP***

6. Approve an Amendment to the Construction Contract with Precision Grade, Inc. for the Marina Parking Lot Improvement Project by Increasing the Contract Amount from $3,735,966 to $4,185,966 (Exempt from CEQA, Article 19, Section 15302, Class 2) ***CIP***
10/17/2023 4:00:00 PM
3 7. Consider 414 Alvarado Street; Assessor’s Parcel Number 001-572-022-000; Application for a Mills Act Contract (MA-23-0147); Applicant and Owner Sanchez Adobe LLC; PC-D-H1 Zoning District; Commercial General Plan Land Use Designation; Exempt from CEQA per Article 19, Section 15331, Class 31

8. Award a Contract in the Amount of $103,171.46 to EquippedFS LLC DBA Equipped Fitness Solutions for the Purchase and Installation of Weight Room Equipment for the Monterey Sports Center (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Other

9. Receive Mayor’s Recommendation and Appoint Eric Palmer to the Architectural Review Committee and Adam J. Purdy to the Neighborhood and Community Improvement Program Committee (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) *** End of Consent Agenda ***

PUBLIC HEARING
PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Mayor will request that persons wishing to speak line up at the podium, raise their hands, or use *9 on the telephone or the “raise hand” function in Zoom to determine the number of persons interested in speaking before each Public Appearance item. The amount of time for public comment on each Public Appearance 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.The Council may limit the time allocated to each speaker. NOTICE CONCERNING YOUR LEGAL RIGHTS: If you challenge the City Council’s zoning, planning, or land use decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing on the matter, or in written correspondence delivered to the City at the time of or prior to the close of the public hearing. (Government Code section 65009(b).)

10. 1st Reading by Title Only of an Ordinance to Rezone 875 Spencer Street from R-3- 5 to R-3-5-H-2 as a City Historic Resource and Authorize a Mills Act Contract (Property Tax Savings Program for Historic Structures) (Exempt from CEQA per Article 19, Section 15305, Class 5)
RECESS 5:30 p.m.

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

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

PLEDGE OF ALLEGIANCE
10/17/2023 4:00:00 PM
4 CONTINUED PUBLIC COMMENTS (MATTERS NOT ON AGENDA)
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. The Mayor will request that persons wishing to speak line up at the podium, raise their hands, or use *9 on the telephone or the “raise hand” function in Zoom to determine the number of persons interested in speaking on non-agendized matters. The amount of time for public comment on non-agendized matters 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.

PUBLIC APPEARANCE (EVE)
PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. The Mayor will request that persons wishing to speak line up at the podium, raise their hands, or use *9 on the telephone or the “raise hand” function in Zoom to determine the number of persons interested in speaking before each Public Appearance item. The amount of time for public comment on each Public Appearance 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.

11. Adopt and Approve Funding for the Fiscal Year 2023/24 Neighborhood and Community Improvement Program ***NCIP*** (Exempt from CEQA per Article 19, Sections 15301, 15303, 15306, Classes 1, 3, and 6, and Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

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

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

ADJOURNMENT
10/17/2023 4:00:00 PM
5 Members of the public have the right to address the City Council on any item on the Agenda, before or during its consideration [G.C. §54954.3(a)]. The Mayor will formally open the floor for public comment on items such as "Public Appearance" and "Public Hearings." Writings distributed for discussion or consideration on these matters within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, are available at: monterey.org/submitted-comments and in the City Manager’s Office at 580 Pacific St., Room 1, Monterey, CA 93940 during regular business hours.

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

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

CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES:

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

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

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

Upcoming city meetings are listed at https://www.monterey.org More information is available by calling (831) 646-3935

MINUTES

CITY COUNCIL SPECIAL MEETING

CITY OF MONTEREY
Wednesday, September 27, 2023
4:00 PM

COUNCIL CHAMBER

MONTEREY, CALIFORNIA
Councilmembers

Present: Garcia, Haffa, Smith, Williamson

Absent: Barber
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Community Development Director, Police Chief, Parks and Recreation Director, Finance Director, Fire Chief, Human Resources Director, Library & Museums Director, City Clerk

CALL TO ORDER
Mayor Williamson called the meeting to order at 4:01 p.m. City Clerk Klein called the roll and explained to the public how to participate in the meeting remotely.

PLEDGE OF ALLEGIANCE
Councilmember Haffa led the Pledge.

PUBLIC HEARING
City Clerk Klein announced the procedures for making public comment as described in full on the Council agenda.

1. Adopt the Program Year 2022 Consolidated Annual Performance and Evaluation Report for Housing and Community Development Programs and Authorize Submission to the U.S.

Department of Housing and Urban Development (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)-- Tabled at the meeting of September 19, 2023
Action: Adopted Resolution No. 23-112 C.S. (4-0-1, Councilmember Barber absent) Community Development Director Cole gave the staff presentation and answered Councilmembers' questions together with Damien Delany, consultant with Michael Baker International.

Public comment was received from: Tom Rowley, of Fisherman's Flats Homeowners and Residents Association, who said that the City had missed opportunities to amend the Highway 68 Area Plan regarding potential annexation of Tarpey Flats; Amber Carrell, who expressed frustration regarding a lack of assistance for unhoused people who did not have children or suffer from mental health or substance issues; Esther Malkin, who shared that there was an opportunity to build needed housing near Casanova Street; and Lorna Moffat, who asked the City to stop focusing on building and said that existing units such as hotels should be used to provide housing.

Date: 10/17/2023
Item No.: 1.

Council Regular Meeting, 10/17/2023, Item No. 1., Item Page 1, Packet Page 6 City Council Minutes September 27, 2023
2 City Manager Uslar addressed questions raised by the public, explaining that if annexed, the Tarpey Flats area, currently part of Monterey County, would add additional required housing unit requirements (Regional Housing Needs Allocation, or "RHNA" numbers) to the City of Monterey's allocation.

The Council said that many steps were required to satisfy the State and that processes were in place for annexation if desired, and that the City was sending a signal that indicated that property owners would be very welcome to add units if they had the interest and the water available to develop additional housing. It was stated that adopting the program year Consolidated Annual Performance and Evaluation Report ("CAPER") was a requirement and must be completed.

The Council acknowledged the many financial difficulties that lead to housing issues. The cost of housing, and entry costs such as first- and last-month rent and security deposits, were cited as true financial obstacles that create homelessness. The desire was expressed to find ways to assist people with housing difficulties, and potentially to use Community Development Block Grant (CDBG) funding to help housing and homelessness projects reach completion. The Josephine Kernes Memorial Pool was referenced as an example of the supportive allocation of CDBG funds in Monterey.

On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 23-112 C.S. Adopting 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:

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

PUBLIC APPEARANCE
A motion was introduced by Mayor Williamson, and seconded by Councilmember Garcia, to table Public Appearance items 2 through 4.

Public comment on the Public Appearance items was received from Tom Rowley, who asked the City to add a work plan item to update the Highway 68 Area Plan.

The motion carried by the following vote:

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

2. Adopt a City Council Policy on Governance (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Tabled (4-0-1, Councilmember Barber absent)
Council Regular Meeting, 10/17/2023, Item No. 1., Item Page 2, Packet Page 7 City Council Minutes September 27, 2023
3 3. Receive Update on the 2023 City Staff Work Program (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Tabled (4-0-1, Councilmember Barber absent)

4. Provide Feedback and Direction on the 2024 City Council Workshop (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Tabled (4-0-1, Councilmember Barber absent)

ADJOURNMENT
The Council adjourned at 5:06 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor
Council Regular Meeting, 10/17/2023, Item No. 1., Item Page 3, Packet Page 8

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF MONTEREY
Tuesday, October 3, 2023
4:00 PM

COUNCIL CHAMBER

MONTEREY, CALIFORNIA
Councilmembers

Present: Barber, Haffa, Smith, Williamson

Absent: Garcia
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Community Development Director, Police Chief, Parks and Recreation Director, Finance Director, Fire Chief, Public Works Director, City Clerk, Parks Supervisor, Deputy Public Works Director/City Engineer, Parks Operations Manager, Engineering Assistant, Senior Accountant ***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 remotely.

PLEDGE OF ALLEGIANCE
Councilmember Barber led the Pledge.

PRESENTATIONS
City Clerk Klein announced the procedures for making public comment as described in full on the Council agenda.

1. Presentation on Blue Zones Project (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Received presentation
Tanja Roos, of Blue Zones Project Monterey County, gave the staff presentation and answered Councilmembers' questions.

Public comment was received from Nina Beety, who discussed safety concerns about military pollution at Fort Ord and wifi exposure.

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) Action: Received presentation
Deputy Public Works Director Easterling gave the staff presentation and answered Councilmembers' questions together with Public Works Director Renny.

Public comment was received from Tanja Roos, of Blue Zones Project Monterey County, who spoke in support of a crosswalk policy and "Vision Zero"; Nina Beety, who expressed safety Date: 10/17/2023
Item No.: 2.

Council Regular Meeting, 10/17/2023, Item No. 2., Item Page 1, Packet Page 9 City Council Minutes October 3, 2023
2 concerns with crossing at the post office; and Lorna Moffat, who requested a system of pedestrian-led red light buttons at intersections.

During public comments, Mayor Williamson left the Chamber at 4:45 p.m. and returned at 4:47 p.m.

The Council discussed the matter. It was expressed that pedestrian and bicycle safety was a very high priority. Support was expressed for the City doing crosswalks as safely and smartly as possible, and increasing public education about intersection safety.

PUBLIC COMMENTS (MATTERS NOT ON AGENDA)
Public comment on non-agendized matters was received from: Chandler Roland, Steve Lightfoot, Dustyn Wilson, Nina Beety, Lorna Moffat, and Phillip Bezouska.

CONSENT ITEMS
Nina Beety and Lorna Moffat requested to pull Item 5 from Consent.

On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following vote, the City Council approved the CONSENT ITEMS except Item 5:

AYES: 4 COUNCILMEMBERS: Barber, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 1 COUNCILMEMBERS: Garcia
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
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)
Action: Approved (4-0-1, Councilmember Garcia absent)
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 ***
Action: Adopted Resolution No. 23-113 C.S. (4-0-1, Councilmember Garcia absent) Resolutions

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)
Action: Pulled from Consent; Adopted Resolution No. 23-114 C.S. (4-0-1, Councilmember Garcia absent)
City Manager Uslar gave a brief verbal report and answered Councilmembers' questions.

Council Regular Meeting, 10/17/2023, Item No. 2., Item Page 2, Packet Page 10 City Council Minutes October 3, 2023
3 Public comment was received from Esther Malkin, who requested greenbelt fuel reduction at Laguna Grande Regional Park, and from Lorna Moffat and Nina Beety, who expressed concerns with tree removal.

On question from Council, City Manager Uslar clarified that Laguna Grande Regional Park did not qualify as a greenbelt according to official designations, but received regular budgeted maintenance following nesting season. He clarified that fuel reduction meant the removal of underbrush, not trees.

A motion was introduced by Councilmember Smith, and seconded by Councilmember Haffa, to adopt Resolution No. 23-114 C.S. to Authorize the 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.

It was requested by the Council to receive more regular reports from the Laguna Grande Regional Park Joint Powers Agency (JPA).

The motion carried by the following vote:

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

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)
Adopted Resolution No. 23-115 C.S. (4-0-1, Councilmember Garcia absent) *** End of Consent Agenda ***

COUNCIL COMMENTS
Councilmember Smith reminded everyone to report safety concerns timely. He shared that he had attended the League of California Cities ("Cal Cities") conference and reported on the trainings and meetings that he had attended at the conference, saying that with no resolutions under consideration, the annual General Assembly had been canceled for the year.

Councilmember Barber reported details of her sister city visit to Lankaran, Azerbaijan, from which she had just returned. She explained that she had been honored to represent the City of Monterey, and many cases the United States, at a United Nations event. She promised to share photos of the experience and expressed enthusiasm about the ability for the City to collaborate with other jurisdictions, including in other nations, on important shared concerns. She expressed gratitude for the experience and for the kindness of her hosts in Azerbaijan.

Councilmember Haffa reported that he had met with a group of residents in the Skyline area regarding their safety concerns with access to Highway 68. He said that a traffic study with Council Regular Meeting, 10/17/2023, Item No. 2., Item Page 3, Packet Page 11 City Council Minutes October 3, 2023
4 TAMC would help to determine whether a traffic light at the location would be feasible. He said that some neighborhood associations may not be doing as much outreach and communication as they should, and not holding annual elections.

Mayor Williamson also reported from the Cal Cities conference, and said he finished his term as president of the LGBTQ caucus. He encouraged everyone to stay aware of lies being spread to promote the Business Roundtable tax measure. He discussed fire hazards and recent fires at the Laguna Grande Regional Park and said that he didn't want residents to worry for their safety. He reported from Monterey One Water ("M1W"), stating that the Injection Well Phase 4 construction contract had recently been awarded, and should be completed on schedule. He said that M1W's negotiating agreement had been approved with California American Water ("Cal Am") for water outfall. He said that Salinas had requested to change the weighted vote structure of the M1W board of directors. He said that a delegation from the City's sister city Nanao, Japan, had visited the prior week, and expressed appreciation for the hard work done by the local committee on that sister city relationship.

CITY MANAGER REPORTS
City Manager Uslar said that the Laguna Grande Regional Park Plan webpage on the City's "Have Your Say Monterey" engagement portal had been updated, and encouraged interested people to sign up for updates. He invited all to an event at the Waterfront Parking Lot on October 6, 2023.
*** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received.

ANNOUNCEMENTS FROM CLOSED SESSION
cs1. Conference with Legal Counsel, Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2), (e)(2): 5 Cases - Transient Occupancy Tax Audit Deficiency Finding Disputes with Wave Street Inn, Hotel Pacific, Monterey Marriott, Hotel 1110, and Merritt House Inn (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: On a unanimous roll call vote (4-0-1, with Councilmember Garcia absent), the Council gave confidential direction to its legal counsel

ADJOURNMENT
The Council adjourned at 5:56 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor
Council Regular Meeting, 10/17/2023, Item No. 2., Item Page 4, Packet Page 12 Council
Agenda Report
№08/22
FROM: Andrea Renny, Public Works Director
Prepared By: Cody Hennings, Engineering Assistant I
SUBJECT: Amend Resolution 23-069 to Include the Sports Center Pool ModernizationDehumidifier Replacement Project in the Capital Improvement Program, Authorize an Appropriation in the amount of $1,181,089.19, and Award a Construction Contract in the Amount of $965,000 to ACCO Engineered Systems, Inc. DBA Geo. H. Wilson (Exempt from CEQA Article 19, Section 15301, Class 1) ***CIP*** RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Amending Resolution 23-069 to include the Sports Center Pool Modernization- Dehumidifier Replacement Project (“Project”) in the Capital Improvement Program (“CIP”);

2. Authorizing the closing of NCIP project NIP2309, and transferring the balance of $1,181,089.19 back to the General Fund:

3. Authorizing an appropriation in the amount of $1,181,089.19 from the General Fund to the Capital Project Fund, Sports Center Pool Modernization- Dehumidifier Replacement Project;

4. Approving the plans and specifications for the 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;

5. Rejecting all non-responsive bids;

6. Accepting all responsive, responsible bids;

7. Awarding a Construction Contract for the Total Bid to the lowest responsive, responsible bidder, to ACCO Engineered Systems, Inc. DBA Geo. H. Wilson, in the amount of $965,000.00;

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

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

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.

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.

Date: 10/17/2023
Item No.: 3.

Council Regular Meeting, 10/17/2023, Item No. 3., Item Page 1, Packet Page 13 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.” On July 26, 2022, the Planning Commission determined the project to be consistent with the General Plan, Area/Specific Plans, Master Plans, Traffic Calming Plans, and the Move Monterey Multimodal Plan.

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 and with City Council policy to approve all budget amendments.

FISCAL IMPLICATIONS:

Three (3) bids were received and opened by the Finance Director’s designee on September 19, 2023, as follows:

Bidder Total Bid
ACCO Engineered Systems, Inc. DBA Geo. H. Wilson $965,000.00 Airtec Service $1,244,679.00
Val’s Plumbing and Heating $1,282,736.00
Basis of award for this project is based on the Total Bid.

Total Project Construction Estimate:

Total Bid $965,000.00
Construction Contingency, 15% $ 144,750.00
Total Project Construction Estimate (This Authorization) $1,109,750.00 Construction Management (City Staff & Indirect Cost) $70,000.00 Estimated Cost to Complete the Project $1,179,750.00
Available Funding Sources:

Total Available Funding: $1,181,089.19
As of October 2, 2023, sufficient funding is available to complete the project.

Funding History:

This project was originally funded by the Neighborhood and Community Improvement Program (“NCIP”) because at the beginning of the year it was unsure if the general fund would be able to Council Regular Meeting, 10/17/2023, Item No. 3., Item Page 2, Packet Page 14 support this project. On March 21st, 2023 the Monterey City Council passed a resolution (23-037) that committed $1.2M of General Funds to this project.

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 the replacement of the pool dehumidification unit on the roof of the Monterey Sports Center. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

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 Monterey Sports Center is not a historic resource. The project is located in an area of high archeological sensitivity as shown in the General Plan (Figure 8); however, the project will only involve replacement of existing equipment on the roof. Therefore, the project would not have an impact on historic resources.

Council Regular Meeting, 10/17/2023, Item No. 3., Item Page 3, Packet Page 15 ALTERNATIVES CONSIDERED:

Council could choose not to award the construction contract for the Project; however, this is not recommended as the Project is sufficiently funded and implements equipment necessary for the operation of the Sports Center Pool.

DISCUSSION:

The existing dehumidification unit at the Monterey Sports Center has reached its useful service life and requires replacement. High levels of water evaporate from the indoor pool surfaces, and the high air temperature combines to produce very high indoor humidity levels and heat. Dehumidifiers maintain a pleasant environment for users and support the maintenance of the building’s interior.

This Project consists of the removal and replacement of the rooftop dehumidification unit and the aircooled condenser. This Project will also upgrade the supply and exhaust air distribution components, which will improve the air circulation within the natatorium and incorporate a heat recovery element to extract heat from the exhaust air.

This project was originally voted on and funded through the Neighborhood Community Improvement (NCIP”) Program. On March 21, 2023, the Monterey City Council passed a resolution (Reso. 23- 037) that repaid the $1.2M back into the NCIP’s budget from the general fund. At that time, staff created a project account in the NCIP fund, (NIP2309) and transferred $1,200,000 from the general fund to pay for the project. Staff recommends adding the project to the Capital Improvement Program. The NCIP project account (NIP2309) will be closed, and the remaining General Funds, in the amount of $1,181,089.19, will be transferred back to the General Fund and appropriated to the new CIP project.

The project plans and technical specifications were developed by Axiom engineers and are available to view in the Public Works Engineering Office (580 Pacific Street, Room 7).

On September 19, 2023, the City received three (3) responsive bids and one (1) non-responsive bid.

The lowest responsive, responsible bid was submitted by ACCO Engineered Systems, Inc. DBA Geo. H. Wilson, in the amount of $965,000, which was $115,000 higher than the Engineer’s estimate of $850,000. This discrepancy is likely due to the age of the estimate, the variability in the cost of mechanical equipment, and a slight modification to the originally selected mechanical equipment. Sufficient funding is available for this project, and Staff recommends award of the total base bid in the amount of $965,000.

Geo H. Wilson has successfully completed other projects for the City, and Staff is confident in their ability to complete the project.

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

1. Amending Resolution 23-069 to include the Sports Center Pool Modernization- Dehumidifier Replacement Project (“Project”) in the Capital Improvement Program (“CIP”);

2. Authorizing the closing of NCIP project NIP2309, and transferring the balance of $1,181,089.19 back to the General Fund;

3. Authorizing an appropriation in the amount of $1,181,089.19 from the General Fund to the Capital Project Fund, Sports Center Pool Modernization- Dehumidifier Replacement Project; Council Regular Meeting, 10/17/2023, Item No. 3., Item Page 4, Packet Page 16

5. Rejecting all non-responsive bids;

6. Accepting all responsive, responsible bids;

7. Awarding a Construction Contract for the Total Bid to the lowest responsive, responsible bidder, to ACCO Engineered Systems, Inc. DBA Geo. H. Wilson, in the amount of $965,000.00;

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

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

CH/fm
Attachments: 1. Resolution

2. Bid Results
e: ACCO Engineered Systems, Inc. DBA Geo. H. Wilson
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, 10/17/2023, Item No. 3., Item Page 5, Packet Page 17 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $965,000 TO ACCO ENGINEERED SYSTEMS, INC. DBA GEO. H. WILSON FOR THE SPORTS CENTER POOL MODERNIZATION – DEHUMIDIFIER REPLACEMENT PROJECT (NIP2309) ***NCIP*** WHEREAS, on the 19th day of September 2023, at 2:00 p.m. the City of Monterey Finance Director’s designee received three (3) electronic bids through the City’s e-Procurement Portal, OpenGov Procurement, for the Sports Center Pool Modernization – Dehumidifier Replacement (NIP2309) (“Project”);
WHEREAS, ACCO Engineered Systems, Inc. DBA Geo. H. Wilson and Val’s Heating and Plumbing Inc. submitted responsive bids for the Project; WHEREAS, David Olsen Inc. dba Airtec Service submitted a non-responsive bid for this Project;
WHEREAS, the basis of award for the project was the Total Bid; WHEREAS, ACCO Engineered Systems, Inc. DBA Geo. H. Wilson submitted the lowest responsive, responsible bid in the amount of $965,000;
WHEREAS, sufficient funding is available to complete the project in project accounts (NIP2309);
WHEREAS, per resolution 23-037 the original $1.2M from the NCIP fund was repaid and now the project is covered by the general fund; and,
WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project consists of the replacement of the pool dehumidification unit on the roof of the Monterey Sports Center. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Council Regular Meeting, 10/17/2023, Item No. 3., Item Page 6, Packet Page 18 2 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 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 Monterey Sports Center is not a historic resource. The project is located in an area of high archeological sensitivity as shown in the General Plan (Figure 8); however, the project will only involve replacement of existing equipment on the roof. Therefore, the project would not have an impact on historic resources.

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

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

1. Amending Resolution 23-069 to include the Sports Center Pool ModernizationDehumidifier Replacement Project (“Project”) in the Capital Improvement Program (“CIP”);

2. Authorizing the closing of NCIP project NIP2309, and transferring the balance of $1,181,089.19 back to the General Fund:

3. Authorizing an appropriation in the amount of $1,181,089.19 from the General Fund to the Capital Project Fund, Sports Center Pool Modernization- Dehumidifier Replacement Project;

5. Rejecting all non-responsive bids;

6. Accepting all responsive, responsible bids;
Council Regular Meeting, 10/17/2023, Item No. 3., Item Page 7, Packet Page 19 3 7. Awarding a Construction Contract for the Total Bid to the lowest responsive, responsible bidder, to ACCO Engineered Systems, Inc. DBA Geo. H. Wilson, in the amount of $965,000.00;

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

9. Authorizing 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, 10/17/2023, Item No. 3., Item Page 8, Packet Page 20 City of Monterey
Finance Department
Rafaela King, Finance Director
580 Pacific Street, Monterey, CA 93940

EVALUATION TABULATION
General Solicitation - SPORTS CENTER POOL MODERNIZATION - DEHUMIDIFIER REPLACEMENT (NIP2309)

EVALUATION TABULATION

SPORTS CENTER POOL MODERNIZATION - DEHUMIDIFIER REPLACEMENT (NIP2309)
RESPONSE DEADLINE: September 19, 2023 at 2:00 pm
Tuesday, September 19, 2023

SELECTED VENDOR TOTALS
Vendor Total
ACCO Engineered
Systems, Inc. DBA Geo. H.

Wilson
$965,000.00
Airtec Service $1,244,679.00
Val's Plumbing and
Heating
$1,282,736.00
TABLE 1
Vendor Total
ACCO Engineered
Systems, Inc. DBA Geo. H.

Wilson
$965,000.00
Airtec Service $1,244,679.00
Val's Plumbing and
Heating
$1,282,736.00
Attachment 2
Council Regular Meeting, 10/17/2023, Item No. 3., Item Page 9, Packet Page 21 Council
Agenda Report
№08/22
FROM: Kimberly Cole, Community Development Director
SUBJECT: 2nd Reading by Title Only 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) RECOMMENDATION:

That the City Council adopt an ordinance to establish a rental inventory and require registration of all residential rental properties within the City of Monterey beginning January 1, 2024.

VALUE DRIVERS:

Support efforts and policies that provide equitable access to affordable housing in Monterey and the region.

POLICY IMPLICATIONS
Maintaining and increasing access to affordable housing supports the City’s ongoing housing efforts, including those intended to serve extremely low, very low, and low-income residents.

FISCAL IMPLICATIONS:

As reported in April 2023 at the City Council meeting, staff estimates that a rental registry program will require around $400,000 annually in ongoing costs. The management, administration, and maintenance of a rental registry program will require two additional full-time staff members at a total estimated annual operating cost of $275,000, plus $25,000 for management/supervisory staff time.

Staff also estimates approximately $100,000 in additional initial staff time to develop the program and physically confirm data before launching.

The cost for a specialized rental registry software will be around $25,000 in start-up costs in year one plus an estimated $30,000 annual subscription fee, for a total year-one cost of $55,000. The $30,000 subscription fee would continue annually thereafter.

Since this is a new program, the City needs to create fees to recover the costs for the program.

Currently, Staff estimates that the costs to register and maintain a rental unit within the database will be between $40-$60 annually dependent on the overall number of units registered. It is planned to propose an initial fee and then adjust the fee after one year to ensure the authorized level of cost recovery will be achieved.

Date: 10/17/2023
Item No.: 4.

Council Regular Meeting, 10/17/2023, Item No. 4., Item Page 1, Packet Page 22 The ordinance authorizes the City to collect a Rental Inventory Fee from Landlords for these purposes. However, the Council will have to decide whether to seek total recovery of all reasonable costs of implementation, administration and enforcement of the ordinance via the Rental Inventory Fee, or if it will subsidize some port of the costs with other City funds.

ENVIRONMENTAL DETERMINATION:

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

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

ALTERNATIVES CONSIDERED:

The City could decline to adopt a rental inventory ordinance at this time.

DISCUSSION
Background
A draft ordinance was prepared based on the City Council’s April 18th direction. On September 5, 2023, the City Council considered the first reading of the draft ordinance. Public comment was taken. The first reading was passed, by a 4-1 vote, with the following amendments:
 Landlords and tenants will split the cost of registration evenly with Landlords permitted to passthrough 50% of the Rental Inventory Fee to their tenants.  To the extent possible, the portion of the Rental Inventory Fee passed through to tenants shall be itemized on their rental invoice/statement.
 The City shall create and publish a form that landlords must use to inform tenants of the passthrough and the services to which the tenant has access pursuant to the ordinance.  Accessory dwelling units (ADUs), junior accessory dwelling units (JADUs) and owneroccupied properties where the owner rents or leases one or more bedrooms to a tenant will be exempt from the payment of the Rental Inventory Fee.  There will be no criminal charges (misdemeanor or infraction) imposed for any violations of the ordinance.

On September 19, 2023, the City Council considered the second reading of the draft ordinance, as amended. . Further public comment was taken. Ultimately, the second reading was passed, by a 4-1 vote, with the following additional amendments:

Council Regular Meeting, 10/17/2023, Item No. 4., Item Page 2, Packet Page 23  There will be an exemption from both the registration of Rental Units and payment of the Rental Inventory Fee for owners who own and manage three (3) of fewer Rental Units within the boundaries of the City.
 Owners who qualify for the exemption must (i) file a claim for exemption with the City within sixty (60) days of the effective date of the ordinance and (ii) must register their Rental Unit(s) should the basis of the exemption terminate at any time.  For purposes of the exemption, the definition of “Owner” should be crafted to ensure that real property held by the same individuals in a separate corporate or business entities are subject to the registration and fee requirements of the ordinance.  The ordinance shall sunset five (5) years from the effective date (unless the City Council takes further action to renew the ordinance).

City staff has prepared a third draft of the ordinance based on these changes.

Proposed Ordinance
Based on the feedback received from City Council at the September 19th meeting, the draft of the ordinance proposed for adoption incorporates the Council’s requested amendments as follows:

Subsection (G) of section 8-2.01 of the draft Ordinance was amended to provide an expansive definition of “Owner.”
“§ 8-2.01 – DEFINITIONS
…
G. “Owner” means any Owner of Record, corporation, limited liability company or other corporate or business entity, or separate entities in which any shareholder, partner, member, or family member of an investor in the entity owns ten percent (10%) or more of the interest in the Rental Unit.

Subsection (A) of section 8-2.02 of the draft Ordinance was changed to clarify that Landlord must either register their Rental Units or file a claim of exemption from the Ordinance within sixty (60) days of the effective date of the Ordinance. The City may issue an administrative citation or charge a late fee for the Landlord’s failure to either register the Rental Units or file a claim of exemption within the time provided by the Ordinance. “§ 8-2.02 – REGISTRATION OF RENTAL UNITS
A. Initial Registration. A Landlord must register every Rental Unit that is subject to the provisions of this Article, or file a claim of exemption pursuant to Section 8-2.02(D), within sixty (60) days of the Effective Date of this Article. Landlords shall complete the Registration on forms provided by the City. The forms provided by the City may include a secure internet website with an interface for submitting the information required by this Article. Registration is complete only when all required information has been provided to the City and all outstanding fees and penalties, if applicable, have been paid. Upon completion of the initial registration of a Rental Unit, the City shall issue a registration statement, which shall include the renewal date for the registration of the applicable Council Regular Meeting, 10/17/2023, Item No. 4., Item Page 3, Packet Page 24 units. The City may issue an administrative citation and impose a late penalty should a Landlord fail to register their Rental Unit(s), or file a claim of exemption, within sixty (60) days of the Effective Date of this Article.”
Subsection (D) of section 8-2.03 was amended to create the actual exemption to both the registration and fee requirements of the Ordinance, and to provide for the requirement that an Owner register any units that become governed by the Ordinance at a later date. “§ 8-02.02 – REGISTRATION OF RENTAL UNITS
…
D. Exemptions. Any Owner who owns and manages three (3) or fewer Rental Units within the boundaries of the City and who has filed a claim for exemption with the City is exempt from the registration requirements established by this Section 8-

2.02 and from the payment of Rental Inventory Fees required by Section 8.2-03.

1. Termination of Exemption. When a Rental Unit that was exempt from this Article becomes governed by this Article for the first time, the Landlord must register the Rental Unit with the City within thirty (30) days after the City provides notice that the exemption has ended.”
Paragraph (f) of subsection (G) of the Ordinance was added to provide that the public database shall show the number of exemptions claimed pursuant to Section 8-2.02(D). Further, subsection (D) was added to Section 8-2.03 (Rental Inventory Fees) to reiterate that any Rental Unit that is exempt from the registration requirement pursuant to Section 8-2.02(D) is also exempt from the payment of the Rental Inventory Fees.

Finally, Section 8-02.06 was added to the draft Ordinance to provide that the Ordinance shall sunset five (5) years from the effective date of the Ordinance (January 1, 2029) unless City Council takes all necessary actions to renew the Ordinance prior to the expiration date. “§ 8-2.06 – EXPIRATION OF ARTICLE
A. This Article shall remain in effect only until January 1, 2029, and as of that date is repealed, unless the City Council takes all necessary actions to renew this Article prior to that date.”
In conclusion, staff recommends that the City Council adopt an ordinance to establish a rental inventory and require registration of all residential rental properties within the City of Monterey beginning January 1, 2024.

Attachments: 1. Draft Ordinance
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 10/17/2023, Item No. 4., Item Page 4, Packet Page 25 ORDINANCE NO. _______ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY

ESTABLISHING A RENTAL INVENTORY AND REQUIRING REGISTRATION OF ALL

RESIDENTIAL RENTAL PROPERTIES WITHIN THE CITY OF MONTEREY BEGINNING JANUARY 1, 2024
THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:

SECTION 1:

WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City of Monterey ("City") has broad authority to maintain the public peace, health and safety of its community and preserve the quality of life for its residents and may make and enforce all regulations and ordinances using its police powers to do so; WHEREAS, the City, with direction from the City Council, has developed goals, objectives, policies, and action programs that directly address the City’s housing needs; WHEREAS, according to the Monterey County Analysis of Impediments of Fair Housing Choice, published in 2019, 65.9 percent of housing units in the City are occupied by renters, who are an essential part of the City’s community and workforce; WHEREAS, the City does not currently track residential rents, and there is no current source for obtaining that information specific to the City, making it difficult to ascertain the effect of rents and housing conditions on the potential displacement of residents; WHEREAS, the City Council convened study sessions on September 29, 2021 and April 18, 2023 to discuss tools to address gaps in information necessary to address housing conditions and housing affordability in the City;
WHEREAS, the City Council directed staff to prepare an ordinance for City Council consideration that would require owners of residential rental properties to provide the City with information annually regarding the character and other information regarding Rental Units, including optional information that could include the rent level of the Rental Units; WHEREAS, City staff held a community meeting about the rental housing inventory on May 30, 2023, and will continue to collaborate with a variety of stakeholders, including but not limited to property owners, property managers, realtors, tenants and tenant advocates, to identify opportunities to collect data;
WHEREAS, the City Council finds and determines the Rental Inventory Ordinance, codified in Chapter 8 of the City Code, is adopted pursuant to the City’s police power to protect to the public health, safety and welfare; and
WHEREAS, approval of this ordinance is exempt from environmental review under the general rule in California Environmental Quality Act ("CEQA") Guidelines Section 15061(b)(3).

The activity is covered by the general rule which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment.

Council Regular Meeting, 10/17/2023, Item No. 4., Item Page 5, Packet Page 26 NOW THEREFORE, the Monterey City Council declares as follows:

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

SECTION 3: The title to Monterey City Code, Chapter 8, is hereby renamed “Housing”.

SECTION 4: Monterey City Code, Chapter 8, Article 1, Sections 8-1 through 8-7 are hereby renumbered sequentially as Sections 8-1.00 through 8-1.06.

SECTION 5: Monterey City Code, Chapter 8, Article 2 is hereby added to read as follows:

ARTICLE 2. – RENTAL INVENTORY
§ 8-2.00 – FINDINGS AND PURPOSE
A. Findings. The City Council finds and declares as follows:

1. The City has a substantial government interest in regulating the relationship between Landlords and Tenants to increase certainty, stability and fairness within the rental market.

2. The Ordinance codified in this Chapter is being adopted pursuant to the City’s police power authority to protect the public health, safety, and welfare.

B. Purpose.

The purpose of this Article is to adopt regulations for Landlords to register their rental units and provide other information to the City on an annual basis. The registration process will allow the City to collect, monitor and analyze the characteristics of the rental units and actual rents in Monterey. This data will be available to the City Council to inform future policy decisions about the regulation of the rental market in Monterey. The registration fees collected pursuant to this Article will be used to fund the creation and maintenance of the rental inventory as well as to provide services, including referrals to mediation and legal services, education opportunities, and landlord/tenant resources, to Landlords and Tenants in the City. This Article supports the City’s housing goals and protects public health, safety, and welfare for Monterey residents. This Article and its implementation are intended to protect the privacy of individual Tenants and the proprietary information of Landlords, the public release of which could result in a competitive disadvantage.
§ 8-2.01 – DEFINITIONS
A. “City” means the City of Monterey.

B. “Community Development Director” means the director of the Community Development Department of the City of Monterey or their designee. A designated representative may include City staff and/or a party or organization contracted by the City to provide the necessary services to implement the procedures contained in this Article.

C. “Department” means the Community Development Department of the City of Monterey.

Council Regular Meeting, 10/17/2023, Item No. 4., Item Page 6, Packet Page 27 D. “Effective Date” of this Article shall be January 1, 2024.

E. “Housing Service Charges” means any charges for laundry facilities and privileges, janitor services, refuse removal services, furniture, furnishings, parking, pets, and any other amenity, benefit, privilege, or facility connected with the use or occupancy of any Rental Unit.

F. “Landlord” means an owner, lessor, or sublessor of residential real property who receives or is entitled to receive Rent for the use and occupancy of a Rental Unit or a portion thereof, and includes any legal entity or other individuals, employees, agents, contractors, and subcontractors that comprise or represent the Landlord.

G. “Owner” means any Owner of Record, corporation, limited liability company or other corporate or business entity, or separate entities in which any shareholder, partner, member, or family member of an investor in the entity owns ten percent (10%) or more of the interest in the Rental Unit.

H. "Owner of Record” means a natural person, who is the owner of record holding an interest equal to or greater than thirty-three percent (33%), but not including any lessor, sublessor, or agent of the owner of record.

I. “Principal Residence” means the Owner of Record’s usual place of return. To classify a unit as an Owner of Record’s Principal Residence does not require the Owner of Record to be physically present in the unit at all times or continuously, but does require that the unit be where the Owner of Record actually resides a majority of the time. Factors that are indicative of Primary Residence include but are not limited to:

1. The Owner of Record carries on basic living activities at the subject premises for extended periods;

2. The subject premises are listed with public agencies, including but not limited to federal, state and local taxing authorities, as the Owner of Record Principal Residence;

3. Utility Charges and other charges and fees associated with usage of the structure are billed to and paid by the Owner of Record at the subject premises;

4. The Owner of Record does not file for a homeowner's tax exemption for any different property;

5. Ownership is held in the name of the Owner of Record claiming Principal Residence and not by a limited liability corporation or other corporate or business entity.

J. “Rent” means a fixed period compensation paid by a Tenant at fixed intervals to a Landlord for the possession, use, and occupancy of a Rental Unit as defined by the Council Regular Meeting, 10/17/2023, Item No. 4., Item Page 7, Packet Page 28 Rental Agreement between the Landlord and the Tenant. Rent excludes pass-through costs and ancillary costs paid separately to the Landlord for parking, storage, utilities, water, garbage, or any other fee or charge associated with the Rental Unit.

K. “Rental Housing Agreement” means an agreement, oral, written, or implied, between a Landlord and Tenant for use or occupancy of a Rental Unit and any attendant housing services.

L. “Rental Inventory Fees” means the fee required to be paid by a Landlord pursuant to Section 8-2.03 of this Article.

M. “Rental Inventory Information” means the information required to be submitted to the City by the Landlord of a Rental Unit pursuant to this Article.

N. “Rental Unit” means a habitable structure offered for Rent and used as a place of permanent or customary and usual abode of a Tenant. Rental Unit includes a room in dwelling unit that is shared with the Landlord, a single-family residence, an accessory dwelling unit, a junior accessory dwelling unit, a condominium or other unit in a common interest development, a mobilehome or manufactured home, a building, a group of buildings or portion of a building used and/or designed as dwellings. A Rental Unit shall not include:

1. Housing accommodations in a visitor accommodation facility, group housing, supportive housing, transitional housing, general residential care and bed and breakfasts as those terms are defined or used in the City’s Zoning Ordinance..

O. “Security Deposit” means any payment, fee, deposit, or charge, including but not limited to, an advance payment of rent, used or to be used for any purpose, including but not limited to the compensation of an owner for a tenant's default in payment of rent, the repair of damages to the premises caused by the tenant, or the cleaning of the premises upon termination of the tenancy exclusive of normal wear and tear.

P. “Tenant” means any renter, tenant, subtenant, lessee or sublessee of a Rental Unit, or any group of renters, tenants, subtenants, lessees or sublessees of a Rental Unit, or any other person entitled to the possession, use and/or occupancy of such Rental Unit, or any successor of any of the foregoing.

Q. “Utility Charges” means any charges for gas, electricity, water, garbage, sewer, telephone, cable, internet, or other service relating to the use and occupancy of a Rental Unit.
§ 8-2.02 – REGISTRATION OF RENTAL UNITS
A. Initial Registration. A Landlord must register every Rental Unit that is subject to the provisions of this Article, or file a claim of exemption pursuant to Section 8-2.02(D), within sixty (60) days of the Effective Date of this Article. Landlords shall complete the Registration on forms provided by the City. The forms provided by the City may include a secure internet website with an interface for submitting the information required by this Council Regular Meeting, 10/17/2023, Item No. 4., Item Page 8, Packet Page 29 Article. Registration is complete only when all required information has been provided to the City and all outstanding fees and penalties, if applicable, have been paid. Upon completion of the initial registration of a Rental Unit, the City shall issue a registration statement, which shall include the renewal date for the registration of the applicable units. The City may issue an administrative citation and impose a late penalty should a Landlord fail to register their Rental Unit(s), or file a claim of exemption, within sixty (60) days of the Effective Date of this Article.

B. Registration Renewal. Unless a registration statement provides otherwise, registration of the Rental Units shall expire on June 30th of the year following the issuance of a registration statement. Registration of Rental Units shall be renewed annually. Payment is due to the City of Monterey on July 1st each year. The City may issue an administrative citation and impose a 20% late penalty on August 15th , and an additional penalty of 10% on the 15th of each month thereafter until the fee and penalty are paid; provided that the amount of such penalty to be added shall in no event exceed 50% of the amount due should a Landlord fail to register their Rental Unit(s) by 12:00 midnight on August 15th of each year.

C. Rental Inventory Information. At minimum, the following information below shall be provided as part of initial and renewal registration of a Rental Unit. Failure to provide information required or providing false information shall be a violation of the Monterey City Code and enforceable as set forth in Section 8-02.05.

1. The name, address, and phone number of the Landlord, including any on-site or off-site property manager or property management company;

2. The street address and/or Assessor’s Parcel Number (APN) of each Rental Unit for rent or lease;

3. The year the property was built and the number of Rental Units on the property;

4. The number of bedrooms and bathrooms in each Rental Unit, including square footage, for rent or lease;

5. The occupancy status of each Rental Unit (e.g., vacant or occupied) and reason for vacancy, if applicable;

6. For each occupied Rental Unit, the current amount and date of the monthly rent received for each Rental Unit, identifying whether the monthly rent includes Utility Charges and Housing Service Charges;

7. For a Rental Unit in a condominium or other common interest development, the amount of the homeowners’ association fees, regular and/or special assessments, or other similar charges paid to an association;

8. Whether or not the Tenant receives a housing voucher or other rental subsidy;

9. Any other information deemed necessary by the Community Development Director to implement the provisions of this Article.

D. Exemptions. Any Owner who owns and manages three (3) or fewer Rental Units within the boundaries of the City and who has filed a claim for exemption with the City is exempt Council Regular Meeting, 10/17/2023, Item No. 4., Item Page 9, Packet Page 30 from the registration requirements established by this Section 8-2.02 and from the payment of Rental Inventory Fees required by Section 8.2-03.

E. Registration Amendment. A Landlord shall notify the City if there is a change to the registration information for any Rental Unit within thirty (30) days of the change.

Changes that are subject to the registration amendment requirement include:

1. A change in a Rental Unit's ownership or management, or a change in the owner's or manager's contact information;

2. A rent increase for any Rental Unit, including the amount of the rent increase and the effective date of the rent increase; and

3. A change in the occupancy status of a Rental Unit, including the reason for which the prior tenancy was terminated.

F. Administrative Regulations. The Community Development Director may promulgate administrative regulations to implement the provisions of this Chapter.

G. Rental Inventory Database. The City anticipates that Rent Inventory Information will be kept in a Rental Inventory Database. The database containing Rent Registry Information shall be created and maintained such that it can generate reports for the City’s internal use.

1. Public Database. The Community Development Director, or their designee, shall add a publicly accessible portion of the Rental Inventory Database for the purposes of providing the public with information about Rental Units in the City.

The public database shall show the following information:
a. The street address and/or Assessor’s Parcel Number (APN) of each Rental Unit for rent or lease;
b. The year the property was built and the number of Rental Units on the property;
c. The number of bedrooms and bathrooms in each Rental Unit, including square footage, for rent or lease;
d. The occupancy status of each Rental Unit (e.g., vacant or occupied); and
e. For each occupied Rental Unit, the total current amount of monthly rent received for the Rental Unit.
f. The number of exemptions claimed under Section 8-2.02(D)

2. Confidential Rental Inventory Information. The City Council recognizes that some of the Rental Inventory Information constitutes Personal Identifying Information (PII) or proprietary information of a Landlord that could create a competitive Council Regular Meeting, 10/17/2023, Item No. 4., Item Page 10, Packet Page 31 disadvantage for every Landlord required to comply with this Chapter. The City Council also recognizes that the Public Records Act (Government Code §§ 6250, et seq.) generally requires that the City make available to the public information in its possession that relates to the conduct of the public's business. The Public Records Act contains several exceptions intended to protect the privacy of individuals and the proprietary information of businesses that is in the City's possession only because of a legal requirement to provide it to the City in connection with a regulatory program. Except for the Rental Inventory Information enumerated in Section 8-2.02(G)(1) the City Council declares that all other Rental Inventory Information shall be received in confidence, and that the public interest in nondisclosure of such Rental Inventory Information clearly outweighs the public interest in disclosure.

3. Other Reports. The Community Development Director may generate additional reports from the Rental Inventory Information database for the purposes of this Chapter. Such reports shall be released to the public only if kept in the normal course of City business and only after redacting any Rental Inventory Information that would improperly intrude into personal privacy of Tenants or reveal Landlord proprietary information that could result in a competitive disadvantage.

4. Legal Disclosure Required. The Community Development Director, in consultation with the City Attorney, may authorize the release of other Rental Inventory Information that would be otherwise confidential if they determine that the release is legally required or the public interest in disclosure clearly outweighs the public interest in nondisclosure.

H. Annual Review and Report. The Community Development Director shall annually prepare a report to the City Council assessing the effectiveness of the program established and this Chapter and may recommend changes based on the findings made in the report.
§ 8-2.03 – RENTAL INVENTORY FEES
A. Rental Inventory Fees. A Rental Inventory Fee shall be imposed annually for each Rental Unit owned by the Landlord. Each Landlord shall pay the required Rental Inventory Fees upon registration of their Rental Unit(s). The City Council shall set the Rental Inventory Fee on a per Rental Unit basis and the fee shall be adopted and integrated into the City’s Master Fee Schedule by resolution of the City Council, as required by Section 19-103 of Article 4 (Fee and Service Charge Revenue/Cost Comparison System) of Chapter 19 (Licenses, Fees and Charges) of the Monterey City Code. The Rental Inventory Fee required by this section is in addition to and not in lieu of any general business license tax that might be required by Chapter 19 of the Monterey City Code. The fees shall be used to defray the reasonable costs associated with the implementation and administration of this Chapter, including costs of maintenance of a rent inventory database, enforcement of the registration required by Chapter, outreach, education, and other services as deemed appropriate by the Community Development Director pursuant to Section 8-2.0 of this Chapter.

B. Late Fees; Penalties. A Landlord's failure to pay the annual Rental Inventory Fees required by this section shall result in the City taking the following actions:

Council Regular Meeting, 10/17/2023, Item No. 4., Item Page 11, Packet Page 32

1. Issue a delinquency notice to the owner that provides up to thirty (30) days to pay the amount due.

2. If not paid within thirty (30) days following the issuance of the delinquency notice, the City shall assess a penalty of ten (10) percent of the Rental Inventory Fee, due and payable with the Rental Inventory Fee on the first day of the month following the due date provided in the delinquency notice.

3. For every thirty (30) days thereafter that the Rental Inventory Fees remain unpaid, the City shall assess a penalty of ten (10) percent of the Rental Inventory Fee. If the Rental Inventory Fees remain unpaid within one-hundred eighty (180) days following the issuance of the delinquency notice, the Landlord shall be subject to a citation described in in Division 1 (Administrative Citations) of Article 2 of Chapter 1 – General Provisions of the Monterey City Code.

The City may collect any past due Rental Inventory Fees and/or late payment penalties by use of all available legal means, including, but not limited to, means available for the collection of judgments, liens, and actions for recovery of money. The City also may recover its collection costs.

C. Rental Inventory Fees Pass-Through. A Landlord may recover up to fifty percent (50%) of the Rental Inventory Fee, excluding any associated late penalties, from their Tenant(s).

1. Notice Required. A Landlord who purports to recover any portion of the Rental Inventory Fee from their Tenant(s) shall provide the Tenant(s), on a form created and published by the City, with thirty (30) days’ advance written notice of the dollar amount of the Rental Inventory Fee to be recovered, an explanation of the Rental Inventory Fee and a summary of the services to which the Tenant has access pursuant to Section 8-02.04 of this Chapter.

2. Separate Line Item. To the extent that a Landlord provides a Tenant with a monthly rental statement, the Landlord shall list the Rental Inventory Fee as a separate line item on the rental statement for the month(s) during which the Landlord seeks to recover the Rental Inventory Fee from the Tenant.

D. Exemptions. This section shall not apply to the following Rental Units:

1. Subsidized Rental Units. Rental Units in the housing developments are restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable to persons and families or very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.

2. Mobile Home Spaces. A lot or space of land in a Mobile Home Park where a Mobile Home is or may be located. Mobile Home and Mobile Home Park shall have the same meaning as the definitions of "mobilehome" defined in Section 798.3 of the Civil Code and "mobile home park" defined in Section 798.4 of the Council Regular Meeting, 10/17/2023, Item No. 4., Item Page 12, Packet Page 33 Civil Code, respectively, as those sections may be amended from time to time, or their successor code sections.

3. Accessory Dwelling Units. Legal accessory dwelling units, junior accessory dwelling units, and second dwelling units, if the primary dwelling is owneroccupied. If the primary dwelling is presently or has previously been held out for rental, then both units are subject to this Section 8-2.03.

4. Owner-Occupied Residences. Any residential dwelling unit where the Owner of Record occupies the dwelling unit as their Principal Residence, rents out one (1) or more bedrooms in the dwelling unit, and regularly shares in the use of kitchen or bath facilities with the tenants.

5. Small Property Owner Exemption. Any Rental Unit that is exempt from the registration requirements pursuant to subsection (D) of Section 8.2-02 above. § 8-2.04 – PROVISION OF SERVICES
A. In addition to being used for the administration and enforcement of the rental registration requirement, the Rental Inventory Fees provided for in Section 8-2.03 of this Article shall be used by the Community Development Director for the provision of services to Landlords and Tenants in the City. These services may include, without limitation, the following:

1. A website dedicated to landlord/tenant services and resources;

2. Hotline and email dedicated to addressing landlord/tenant issues;

3. Referrals to mediation and/or legal services;

4. Education and outreach to landlords and tenants, such as handouts, mailings, workshops and webinars, about rights and obligations; and

5. Any other services for Landlords and Tenants as deemed appropriate by the Community Development Director.
§ 8-2.05 – ENFORCEMENT
A. Notwithstanding Section 1-7 of the Monterey City Code, a violation of any provision of this Chapter or a failure to comply with any of the requirements of this Chapter shall not, under any circumstance, constitute a misdemeanor or infraction subject to the penalties prescribed in Section 1-7 of the Monterey City Code.

B. In addition to any other remedies or penalties available to the City, in law or equity, the City may enforce the terms of this Article through the administrative citation procedures provided in Division 1 (Administrative Citations) of Article 2 of Chapter 1 – General Provisions of the Monterey City Code.

C. The City Attorney may bring a civil action to seek redress for any violation(s) under this Chapter on behalf of the City. In any such relief, the City shall recover all civil penalties prescribed in Division 1 (Administrative Citations) of Article 2 of Chapter 1 – General Provisions of the Monterey City Code, and any other relief the court deems proper.

Council Regular Meeting, 10/17/2023, Item No. 4., Item Page 13, Packet Page 34 D. A Landlord’s failure to comply with any of the requirements of this Chapter, including but not limited to, the failure to register their Rental Unit(s) as required by Section 8-

02.02 or to pay the Rental Inventory Fees as required by Section 8-02.03, or any administrative regulations promulgated hereunder shall constitute a complete affirmative defense to an unlawful detainer or other action instituted by the Landlord to recover possession of the Rental Unit from a Tenant.

E. A Tenant may enforce the provisions of this Chapter, or any administrative regulations promulgated hereunder, by means of a civil action. The burden of proof in such cases shall be a preponderance of the evidence. A Landlord who violates any of the provisions of this Chapter shall be liable for civil damages for each provision of this Chapter that the Landlord violates, and for each instance in which the Landlord violates a provision of this Chapter. The court may also award a prevailing Tenant reasonable attorneys’ fees and costs to the extent allowed by law, punitive damages, and any such other relief the court deems proper. § 8-2.06 – EXPIRATION OF ARTICLE
A. This Article shall remain in effect only until January 1, 2029, and as of that date is repealed, unless the City Council takes all necessary actions to renew this Article prior to that date.

SECTION 7: If any section, subsection, sentence, clause or phrase of this Article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.

SECTION 8: All ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 9: This ordinance shall be in full force and effect thirty (30) days from and after its final passage and adoption.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
Council Regular Meeting, 10/17/2023, Item No. 4., Item Page 14, Packet Page 35 City Clerk thereof
Council Regular Meeting, 10/17/2023, Item No. 4., Item Page 15, Packet Page 36 Council
Agenda Report
№08/22
FROM: Andrea Renny, PE, PTOE, Public Works Director
Prepared By: Megan Beckman, Administrative Analyst
SUBJECT: Reappropriate Capital Improvement Program Closeout Project Budget Savings in the Amount of $ $5,453,555 to Various Active Capital Improvement Program Projects, and Appropriate $287,584 in General Fund Ending Balance to the Greenbelt Fuel Reduction & Tree Removal Project (CIP2104) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061; and Exempt from CEQA per Article 19, Sections 15301, 15303, 15306, and Classes 1 and 6) ***CIP***
RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Authorizing the Finance Director, or their designee, to reappropriate Capital Improvement Program Funds in the amount of $5,453,555 from completed or inactive projects and transfer remaining project budget balances to various other CIP Projects; and,

2. Authorizing the Finance Director, or their designee, to appropriate General Fund Ending Balance funds in the amount of $287,584.33 to the Greenbelt Fuel Reduction & Tree Removal Project (CIP2104).

VALUE DRIVERS:

POLICY IMPLICATIONS:

On October 10, 2023, the Planning Commission determined that the CIP projects receiving funding were consistent with the General Plan, Waterfront Master Plan, and the Multi-Modal Mobility Plan. Further, the project list is not inconsistent with any other plans.

This Project is consistent with the City Council’s Vision and Strategic Initiative of “Working to improve the quality of life of our residents, by maintaining our existing infrastructure.” The action is also consistent with Council policy to approve budget amendments.

Date: 10/17/2023
Item No.: 5.

Council Regular Meeting, 10/17/2023, Item No. 5., Item Page 1, Packet Page 37 FISCAL IMPLICATIONS:

City staff has prepared 16 CIP projects that are ready to be closed out. See Exhibit A for distribution details. Below is a summary of the total amount per funding source:

Funding Source Amount
General Fund $ 276,191.66
Marina Fund $ 2,661,241.49
Sewer Fund $ 1,721,390.79
Gas Tax (HUTA) Fund $ 172,350.58
Storm Drain Fund $ 424,830.73
Tidelands Fund $ 94,151.48
Parking Fund $ 103,398.31
Total $ 5,453,555.04
One project, the Greenbelt Fuel Reduction & Tree Removal Project (CIP2104) has exceeded the project budget by $287,584.33. An appropriation from the General Fund Ending Balance is necessary to close this project.

ENVIRONMENTAL DETERMINATION:

Creation of funding accounts was determined not to be a project under CEQA. 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.

The City of Monterey Planning Office determined that the following actions are exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Sections 15301, 15303, 15306, and, Classes 1, 3, and 6) because the proposed actions involve the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, mechanical equipment or topographical features involving negligible or no expansion of a use beyond that existing at the time of the lead agency’s determination; the construction and location of limited numbers of new, small facilities or structures; or basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource (these may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded).

Council Regular Meeting, 10/17/2023, Item No. 5., Item Page 2, Packet Page 38 These exempt projects include:

Exempt Projects: CEQA Exemption
(Article, Section, Class):

Miscellaneous Building Repairs (funding account) (36c1803) Not A Project Tunnel Repairs (information gathering) (35c1801) 19,15306,6 CIP Contingency (funding account) (31ccont) Not A Project Wharf 2 Repairs (information gathering to assess damage) (NEW)
19, 15306, 6
Harbormaster ADA Upgrades (ADA improvements to existing Harbormaster restroom) (63c1902)
19, 15301, 1
Sanitary Sewer Master Plan Update (information gathering) (33c1804)
19, 15306, 6
CW Sewer Repair and Rehab (funding account) (33c1750) Not a Project CW Pavement Maintenance and Repairs (funding account)
(30c1308)
Not a Project
Sign Replacement Program (35c1214) 19, 15301, 1
Storm Drain Utility-Repair & Maintenance Program
(funding account) (CIP2312)
Not a Project
Olivier Street Stormwater Diversion (information gathering) (NEW)
19, 15306, 6
Lake El Estero Stormwater Diversion to Sanitary Sewer
(information gathering) (CIP2310)
19, 15306, 6
30 Fisherman’s Wharf Roof Repair (CIP2319) 19, 15301, 1 Parking Facility Electronic Signage (CIP2314) 19, 15301, 1 Parking Meter Upgrades (CIP2002) 19, 15301, 1
Furthermore, the exempt projects do 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 have 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. Exemption a – Location – does not apply to projects which are exempt under Class 1 or 31. The projects which are exempt under Class 6 would have no effect on the environment because they consist of studies and information-gathering only. Projects found to be exempt under Class 3 are not located within sensitive environments.

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. Projects exempt under Class 1 and Class 3 are limited in scope and would only include negligible construction/expansion of structures or paved surfaces. Therefore, no cumulative impacts are anticipated.

Council Regular Meeting, 10/17/2023, Item No. 5., Item Page 3, Packet Page 39 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 to be found at the project sites. The projects would not have a significant effect due to their 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 projects would not be visible from any scenic highways; therefore, no impacts to scenic highways would occur.

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. None of these projects would be located on hazardous waste sites listed pursuant to Section 65962.5 of the Government Code.

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. None of the projects exempt under CEQA would involve historic properties; therefore, there would be no impacts to historic resources. Those projects exempt under Class 6 would have no effect on historic resources because they consist of studies and information-gathering only. Some of the projects which are exempt under Class 1 are in a sensitive archeological area as shown in the General Plan EIR (Figure 8, Archeological Sensitivity Map); however, these projects would require negligible expansion of paved surfaces and minimal excavation of previously disturbed ground; no improvements in native soil. The projects which are exempt under Class 3, new construction, are not located within a sensitive archeological area as shown in the General Plan EIR (Figure 8, Archeological Sensitivity Map). Therefore, projects which are exempt under Class 1 and 3 would not affect historic or archaeological resources. In the case of an inadvertent archaeological discovery at any of the project sites, the City’s typical archaeological procedures shall be followed, making impacts to archaeological resources less than significant.

For the remaining projects listed below, project-specific environmental review will be conducted as projects are proposed. As currently conceived, the projects are consistent with the City’s plans, and project-specific impacts could be reduced to a less-than-significant level through project design and specifications.

ALTERNATIVES CONSIDERED:

Council could choose not to reappropriate these funds and de-appropriate the projects returning funds to the respective ending balances; however, this is not recommended. The recommended transfers will allow Engineering staff to complete the original scope of work with the sufficient project funding required.

Council Regular Meeting, 10/17/2023, Item No. 5., Item Page 4, Packet Page 40 DISCUSSION:

The Public Works Director has prioritized a revitalization of the Capital Improvement Program (CIP) in Fiscal Year 2023-2024, which includes an audit of funded CIP projects. Staff reviewed the current CIP list and identified 16 projects that can be closed and/or combined with active projects. Due to inflation and rising construction costs, projects approved in prior budget cycles do not have sufficient funding to complete the project. In addition, Staff identified several projects with similar scopes of work; combining these projects will ensure that there is adequate funding to complete the project.

Due to the restricted nature of funding sources, staff is requesting that the funds be placed in projects with identical funding requirements. In total, the 16 projects represent an approved budget of $16,950,316.43 and an expenditure of $11,784,345.72. This action allows staff to continue to utilize those funds for the completion of additional Capital Projects.

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

2. Authorizing the Finance Director, or their designee, to appropriate General Fund Ending Balance funds in the amount of $287,584.33 to the Greenbelt Fuel Reduction & Tree Removal Project (CIP2104).

MB
Attachments: 1. Resolution

2. Exhibit A: Capital Project Budget Transfer List
e: Rafaela King, Finance Director
Wendy Davies, Finance Manager
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 10/17/2023, Item No. 5., Item Page 5, Packet Page 41 RESOLUTION NO. __- ___ C.S.

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

REAPPROPRIATING CAPITAL IMPROVEMENT PROGRAM CLOSEOUT PROJECT BUDGET SAVINGS IN THE AMOUNT OF $5,453,555 TO VARIOUS ACTIVE CAPITAL IMPROVEMENT PROGRAM PROJECTS AND APPROPRIATE $287,584 IN GENERAL FUND

ENDING BALANCE TO THE GREENBELT FUEL REDUCTION & TREE REMOVAL

PROJECT
WHEREAS, the Public Works Director has prioritized a revitalization of the Capital Improvement Program (CIP) in fiscal year 2024, which includes an audit of funded CIP projects; WHEREAS, Staff reviewed the current CIP list and identified 16 projects that can be closed and/or combined with active projects;
WHEREAS, due to inflation and rising construction costs, projects approved in prior budget cycles do not have sufficient funding to complete the project. In addition, Staff identified several projects with similar scopes of work; combining these projects will ensure that there is adequate funding to complete the project;
WHEREAS, the Greenbelt Fuel Reduction & Tree Removal Project (CIP2104) has exceeded the project budget by $287,584.33, and an appropriation from the General Fund Ending Balance is necessary to close out this project;
WHEREAS, on the 10th day of October 2023, the Planning Commission determined that the CIP projects receiving funding were consistent with the General Plan, Specific Plans, Area Plans, Master Plans, Coastal Plans, Traffic Calming Plans, and the Move Monterey Multimodal Plan; and,
WHEREAS, creation of funding accounts was determined not to be a project under CEQA. 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.

The City of Monterey Planning Office determined that the following actions are exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Sections 15301, 15303, 15306, and, Classes 1, 3, and 6) because the proposed actions involve the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private Council Regular Meeting, 10/17/2023, Item No. 5., Item Page 6, Packet Page 42 2 structures, mechanical equipment or topographical features involving negligible or no expansion of a use beyond that existing at the time of the lead agency’s determination; the construction and location of limited numbers of new, small facilities or structures; or basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource (these may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded).

These exempt projects include:

Exempt Projects: CEQA Exemption
(Article, Section, Class):

Council Regular Meeting, 10/17/2023, Item No. 5., Item Page 7, Packet Page 43 3 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. Projects exempt under Class 1 and Class 3 are limited in scope and would only include negligible construction/expansion of structures or paved surfaces. Therefore, no cumulative impacts are anticipated.

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. None of these projects would be located on hazardous waste sites listed pursuant to Section 65962.5 of the Government Code.

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. None of the projects exempt under CEQA would involve historic properties; therefore, there would be no impacts to historic resources. Those projects exempt under Class 6 would have no effect on historic resources because they consist of studies and information-gathering only. Some of the projects which are exempt under Class 1 are in a sensitive archeological area as shown in the General Plan EIR (Figure 8, Archeological Sensitivity Map); however, these projects would require negligible expansion of paved surfaces and minimal excavation of previously disturbed ground; no improvements in native soil. The projects which are exempt under Class 3, new construction, are not located within a sensitive archeological area as shown in the General Plan EIR (Figure 8, Archeological Sensitivity Map). Therefore, projects which are exempt under Class 1 and 3 would not affect historic or archaeological resources. In the case of an inadvertent archaeological discovery at any of the project sites, the City’s typical archaeological procedures shall be followed, making impacts to archaeological resources less than significant.

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:

Council Regular Meeting, 10/17/2023, Item No. 5., Item Page 8, Packet Page 44 4 1. Authorizes the Finance Director, or their designee, to reappropriate Capital Improvement Program Funds in the amount of $5,453,555.00 from completed or inactive projects and transfer remaining project budget balances to various other CIP Projects (attached hereto and incorporated by reference as Exhibit “A”); and,

2. Authorizes the Finance Director, or their designee, to appropriate General Fund Ending Balance funds in the amount of $287,584.33 to the Greenbelt Fuel Reduction & Tree Removal Project (CIP2104).

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, 10/17/2023, Item No. 5., Item Page 9, Packet Page 45

CAPITAL PROJECT BUDGET TRANSFER LIST EXHIBIT A
Project Account Code Project Name Project Account Code Project Name 30c1404 CW-6 City Buildings Required Maintenance-Ph 1 $ 75,450.00 $ 12,352.99 $ 63,097.01 36c1803 Miscellaneous Building Repairs (Funding Account) 30c1701 CW-Tunnel-Electrical Pannel-Replace $ 160,000.00 $ 7,334.60 152,665.40 $ 35c1801 Tunnel Repairs (Rescope) (Information Gathering) 30c1860 CW- Energy Efficiency Upgrades $ 100,000.00 83,623.75 $ $ 16,376.25 31ccont CIP Contingency 63c1306 Study of Bay/Harbor Water/Soil Ph 1 $ 44,053.00 $ - $ 44,053.00 31ccont CIP Contingency Total General Fund: $ 379,503.00 $ 103,311.34 $ 276,191.66 Project Account Code Project Name Project Account Code Project Name 63c1306 Study of Bay/Harbor Water/Soil Ph 1 $ 9,947.00 $ - $ 9,947.00 64c1606 Wharf 2 Fire Supression $ 6,602,853.59 $ 4,131,480.88 2,471,372.71 $ 63c1855 Harbormaster ADA Restroom Improvements $ 250,000.00 $ 70,078.22 179,921.78 $ 63c1902 Harbormaster ADA Upgrades Total Marina Fund: 6, $ 862,800.59 $ 4,201,559.10 $ 2,661,241.49 Project Account Code Project Name Project Account Code Project Name 33c1315 Sewer Rate Justification for Prop 218 $ 109,500.00 $ 63.31 $ 109,436.69 33c1804 Sanitary Sewer Master Plan Update (Information Gathering) 33c1750 CW-Sewer Repair & Acquire Easements $ 6,440,642.08 $ 4,828,687.98 $ 1,611,954.10 33c1750 CW Sewer Repair & Rehab (Rescope) (Funding Account) Total Sewer Fund: 6, $ 550,142.08 $ 4,828,751.29 $ 1,721,390.79 Project Account Code Project Name Project Account Code Project Name 37c0523 Lighthouse Corridor Improvements $ 120,000.00 $ 10,199.43 $ 109,800.57 30c1308 CW Pavement Maintenance and Repairs (Funding Account) 35c1214 Upgrade Street Name Signs $ 170,000.00 $ 107,449.99 $ 62,550.01 CIP2305 Sign Replacement Program Total Gas Tax Fund: $ 290,000.00 $ 117,649.42 $ 172,350.58

SEWER FUND
Transfer from Project:

Budget Actuals Balance
Transfer to Project:

GAS TAX (HUTA) FUND
Transfer from Project:

Budget Actuals Balance
Transfer to Project:

NEW Wharf 2 Repairs (Information Gathering)

GENERAL FUND

MARINA FUND
Budget Actuals Balance
Transfer from Project: Transfer to Project:Transfer from Project:

Budget Actuals Balance
Transfer to Project:
1 Council Regular Meeting, 10/17/2023, Item No. 5., Item Page 10, Packet Page 46

CAPITAL PROJECT BUDGET TRANSFER LIST EXHIBIT A
Project Account Code Project Name Project Account Code Project Name $ 100,000.00 CIP2312 Storm Drain Utility-Repair & Maintenance Program (Funding Account) $ 224,830.73 NEW Olivier Street Stormwater Diversion (Information Gathering) $ 100,000.00 CIP2310 Lake El Estero Stormwater Diversion to Sanitary Sewer (Information Gathering) Total Storm Drain Fund: $ 906,339.64 $ 481,508.91 $ 424,830.73 Project Account Code Project Name Project Account Code Project Name 64c1409
CW-Causeway Shoreline Embankment-Erosion Control $ 498,495.00 $ 428,439.77 $ 70,055.23 64c1610 Wharf 1 Substructure Repair $ 110,560.34 $ 86,464.09 $ 24,096.25 Total Tidelands Fund: $ 609,055.34 $ 514,903.86 $ 94,151.48 Project Account Code Project Name Project Account Code Project Name 34c0732 Wayfinding Signs Program $ 502,475.78 $ 427,488.72 $ 74,987.06 CIP2314 Parking Facility Electronic Signage 65c1613 CW-Wireless Credit Card Parking Meters Replace $ 50,000.00 $ 21,588.75 $ 28,411.25 CIP2002 Parking Meter Upgrades Total Parking Fund: $ 552,475.78 $ 449,077.47 $ 103,398.31 Grand Total: 16,150,316.43 $ $ 10,696,761.39 $ 5,453,555.04

PARKING FUND

TIDELANDS FUND
Transfer from Project:

Budget Actuals Balance
Transfer to Project:
33c1320 Storm Drain Inspection & Repairs $ 906,339.64 $ 481,508.91

STORM DRAIN FUND
Transfer to Project:

Transfer from Project: Transfer to Project:

Budget Actuals Balance
Transfer from Project:

Budget Actuals Balance
CIP2319 30 Fisherman's Wharf Roof Repair
2 Council Regular Meeting, 10/17/2023, Item No. 5., Item Page 11, Packet Page 47 Council
Agenda Report
№08/22
FROM: Andrea Renny, Public Works Director
Prepared By: Megan Beckman, Administrative Analyst
SUBJECT: Approve an Amendment to the Construction Contract with Precision Grade, Inc. for the Marina Parking Lot Improvement Project by Increasing the Contract Amount from $3,735,966 to $4,185,966 (Exempt from CEQA, Article 19, Section 15302, Class 2) ***CIP***
RECOMMENDATION:

That the City Council authorize the City Manager to execute Amendment 1 to the contract with Precision Grade, Inc. Marina Parking Lot Improvement Project (CIP2005) (“Project”), increasing the contract amount from $3,735,966 to $4,185,966, an increase to the contract of $450,000.

VALUE DRIVERS:

POLICY IMPLICATIONS:

This Project is consistent with the City Council’s Value Drivers and Strategic Priorities of 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; amendments to these contracts must also be approved by City Council.

FISCAL IMPLICATIONS:

On November 1, 2022, Council awarded a construction contract to Precision Grade, Inc in the amount of $3,248,666, and authorized staff to expend an additional 15% for unforeseen construction contingencies (Reso 22-142).

Date: 10/17/2023
Item No.: 6.

Council Regular Meeting, 10/17/2023, Item No. 6., Item Page 1, Packet Page 48 Total Project Construction Estimate:

Total Bid $3,248,666
Construction Contingency, 15% $ 487,300
Original Construction Estimate $3,735,966
Construction Management (City Staff & Indirect Cost) $ 30,000 Original Estimated Cost to Complete the Project $3,765,966 Estimated Construction Cost for the Additional Work:

Additional Work (This Authorization) $ 450,000
Total Cost of the Project $4,215,966
Available Funding Sources:

Waterfront Parking Lot Resurface/Restripe (cip2005) $ 333,815.49 Measure P/S ADA (35c1555) $11,907,794.59
Measure P/S Pavement (35c1553) $ 4,997,440.39
Identified Safety Projects (35c1851) $ 2,096,304.11
As of September 21, 2023, sufficient funding is available to complete the project.

ENVIRONMENTAL DETERMINATION:

On February 16, 2016, the City of Monterey certified a Mitigated Negative Declaration for the Waterfront Master Plan. A Notice of Determination was filed according to CEQA requirements on March 10, 2016 (SCH# 2015081057) following City Council adoption of the Negative Declaration and approval of the Waterfront Master Plan.

As indicated by the IS/MND, the Waterfront Parking Lot Improvement Project, including the marina parking lot, is subject to further environmental review, provided below.

The City of Monterey Planning Office determined the project is exempt from CEQA Guidelines (Article 19, Section 15302, Class 2) because the project involves the removal of the existing parking lot, and the reconstruction of the demolished parking lot with substantially the same purpose and capacity as the existing parking lot. The reconstructed parking area would consist of a newly paved parking lot with reconfigured parking stalls and Recreation Trail to provide a more efficient flow through the parking lot for vehicles and vehicles with trailers; and the installation of water quality treatment facilities to treat storm water on-site. All existing trees in the Marina parking lot will be removed; however, they will be replaced. The project includes active bird nest surveys if the project commences during the breeding season (February through August). Minor grading will occur for the project, and holes will be dug for the light poles. An archeological monitor will be present on-site during grading and digging. 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 Council Regular Meeting, 10/17/2023, Item No. 6., Item Page 2, Packet Page 49 may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Exception a – Location – does not apply to projects which are exempt under Class 1.

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. The proposed project involves the removal of the existing parking lot, and the reconstruction of the demolished parking lot with substantially the same purpose and capacity as the existing parking lot. No cumulative impacts are anticipated.

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. The project is limited in scope and locations; therefore, no significant effect would occur.

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 parking lot is not located on or near a local or state designated state scenic highway. Therefore, impacts to scenic highways would not occur.

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. The subject site is not located on a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.

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 planning area is within an area identified in the General Plan EIR as having a high probability of containing prehistoric artifacts and other archaeological resources. Disturbance of an archaeological resource is considered a potentially significant impact. CEQA Guidelines section 15064.5 defines “substantial adverse change” to include “alteration of the resource or its immediate surroundings such that the significance of an historical resource would be materially impaired.” The project site (i.e., marina parking lot) does not contain any above-ground historic structures. Minor grading will occur for the project, and holes will be dug for the light poles. An archeological monitor will be present on-site during grading and digging. Therefore, impacts to historical resources will not occur.

ALTERNATIVES CONSIDERED:

Council could choose not to amend the construction contract for the project; however, this is not recommended, as this funding is necessary to finalize the Project, which implements necessary safety improvements to the Waterfront Parking Lot at the Marina.

Council Regular Meeting, 10/17/2023, Item No. 6., Item Page 3, Packet Page 50 DISCUSSION:

On November 1, 2022, Council awarded a construction contract to Precision Grade, Inc. in the amount of $3,248,666, and authorized staff to expend an additional 15% for unforeseen construction contingencies (Reso 22-142) for the Marina Parking Lot Improvement Project (CIP2005) (“Project”).

The project has reached substantial completion. During the course of construction, the contractor encountered various conflicts with the proposed design that necessitated additional field work, and increased quantities were required to address ADA compliance within the project area. The additional work included increasing the footprint of the boat ramp, adding additional demolition limits to properly conform to the existing ADA walkways, removing and reconstructing the thicken asphalt section, and adding additional footage of split rail wood fence divider. In addition to these items, while excavating the parking lot, the contractor discovered unknown utilities, such as an old roadway concrete section and old railroad ties from the train “depot station.” The project also took longer to complete than originally anticipated due to PG&E delays, which held up the project for several weeks and resulted in added costs. The cost of the additional work exceeds the available construction contingency by $450,000.

Therefore, Staff recommends that the City Council authorize the City Manager to execute Amendment 1 to the contract with Precision Grade, Inc. Marina Parking Lot Improvement Project (CIP2005) (“Project”), increasing the contract amount from $3,735,966 to $4,185,966, an increase to the contract of $450,000.

MB
Attachments: 1. Resolution
e: Precision Grade, Inc.

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, 10/17/2023, Item No. 6., Item Page 4, Packet Page 51 RESOLUTION NO. __- ___ C.S.

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

APPROVING AN AMENDMENT TO THE CONSTRUCTION CONTRACT WITH PRECISION GRADE, INC. FOR THE MARINA PARKING LOT IMPROVEMENT PROJECT BY INCREASING THE CONTRACT AMOUNT FROM $3,735,966 TO $4,185,966 WHEREAS, on the 1st day of November 2022, Council awarded a construction contract to Precision Grade, Inc in the amount of $3,248,666, and authorized staff to expend an additional 15% for unforeseen construction contingencies (Reso 22-142); WHEREAS, during the course of construction, the contractor encountered various conflicts with the proposed design that necessitated additional field work and increased quantities were required to address ADA compliance within the project area; WHEREAS, the cost of the additional work exceeds the available construction contingency by $450,000;
WHEREAS, sufficient funding is available to complete the project in the Waterfront Parking Lot Resurface/Restripe (cip2005), Measure P/S ADA (35c1555), Measure P/S Pavement (35c1553), and Identified Safety Projects (35c1851) project accounts; and, WHEREAS, on February 16, 2016, the City of Monterey certified a Mitigated Negative Declaration for the Waterfront Master Plan.

A Notice of Determination was filed according to CEQA requirements on March 10, 2016 (SCH# 2015081057) following City Council adoption of the Negative Declaration and approval of the Waterfront Master Plan.

As indicated by the IS/MND, the Waterfront Parking Lot Improvement Project, including the marina parking lot, is subject to further environmental review, provided below.

The City of Monterey Planning Office determined the project is exempt from CEQA Guidelines (Article 19, Section 15302, Class 2) because the project involves the removal of the existing parking lot, and the reconstruction of the demolished parking lot with substantially the same purpose and capacity as the existing parking lot. The reconstructed parking area would consist of a newly paved parking lot with reconfigured parking stalls and Recreational Trail to provide a more efficient flow through the parking lot for vehicles and vehicles with trailers; and the installation of water quality treatment facilities to treat storm water on-site. All existing trees in the Marina parking lot will be removed; however, they will be replaced. The project includes active bird nest surveys if the project commences during the breeding season (February through August). Minor grading will occur for the project, and holes will be dug for the light poles. An archeological monitor will be present on-site during grading and digging. 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 Council Regular Meeting, 10/17/2023, Item No. 6., Item Page 5, Packet Page 52 2 project is to be located - a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Exception a – Location – does not apply to projects which are exempt under Class 1.

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. The proposed project involves the removal of the existing parking lot, and the reconstruction of the demolished parking lot with substantially the same purpose and capacity as the existing parking lot. No cumulative impacts are anticipated.

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. The project is limited in scope and locations; therefore, no significant effect would occur.

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 parking lot is not located on or near a local or state designated state scenic highway. Therefore, impacts to scenic highways would not occur.

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. The subject site is not located on a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.

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 planning area is within an area identified in the General Plan EIR as having a high probability of containing prehistoric artifacts and other archaeological resources. Disturbance of an archaeological resource is considered a potentially significant impact. CEQA Guidelines section 15064.5 defines “substantial adverse change” to include “alteration of the resource or its immediate surroundings such that the significance of an historical resource would be materially impaired.” The project site (i.e., marina parking lot) does not contain any above-ground historic structures. Minor grading will occur for the project, and holes will be dug for the light poles. An archeological monitor will be present on-site during grading and digging. Therefore, impacts to historical resources will not occur.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby amends Resolution 22-142 and authorizes the City Manager to execute Amendment 1 to the contract with Precision Grade, Inc. Marina Parking Lot Improvement Project (CIP2005) (“Project”), increasing the contract amount from $3,735,966 to $4,185,966, an increase to the contract of $450,000.

Council Regular Meeting, 10/17/2023, Item No. 6., Item Page 6, Packet Page 53 3 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 10/17/2023, Item No. 6., Item Page 7, Packet Page 54 Council
Agenda Report
№07/19
FROM: Levi Hill, AICP, Planning Manager
Prepared By: Chris Schmidt, Senior Associate Planner
SUBJECT: Consider 414 Alvarado Street; Assessor’s Parcel Number 001-572-022-000; Application for a Mills Act Contract (MA-23-0147); Applicant and Owner Sanchez Adobe LLC; PC-D-H1 Zoning District; Commercial General Plan Land Use Designation; Exempt from CEQA per Article 19, Section 15331, Class 31 RECOMMENDATION:

That the City Council adopts a resolution authorizing a Mills Act Contract (property tax savings program for historic structures) for 414 Alvarado Street.

VALUE DRIVERS:

Preserve, promote, and maintain our City’s historic and cultural resources through responsible stewardship and historic preservation that highlights the contributions and perspectives of all people who are a part of Monterey’s diverse history.

POLICY IMPLICATIONS:

The City of Monterey is one of the most historic cities in the United States; therefore, the City has placed value on these resources by identifying the preservation of historic resources as a goal in the Historic Preservation Element. One of the ways this goal is achieved is through the implementation of General Plan Program a.1.7, which states: “Maintain and update the City’s historic incentive programs to support historic property owners, including grant programs, land use incentives, flexible zoning and parking standards, property tax relief, Historic Building Code, and expedited processing for historic resources” (City of Monterey 2005, Amended 2019, pg. 109).

Mills Act contracts provide a financial benefit to property owners to offset the additional maintenance costs associated with ownership of a historic property. Through the contract, the City is assured that the historic property will be maintained.

FISCAL IMPLICATIONS:

Each property owner pays approximately 1% annually of the assessed value of their property in property taxes and approximately 20% of those property taxes are passed through to the City.

Most Mills Act contract properties recognize 40-60% savings in taxes, depending on how the County Assessor estimates the site’s rental rate.

Date: 10/17/2023
Item No.: 7.

Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 1, Packet Page 55 The following chart represents the approximate reduction in property taxes that would be passed to the City under the Mills Act:

Property Address Standard Property
Tax
Standard Tax Passed
to City (20%)
Mills Act Rate Tax
Passed to City (40-
60% Reduction)
414 Alvarado Street $2,895 $579.00 $231.60-$347.40
ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15331, Class 31) because the Mills Act contract will maintain a historic property eligible for designation consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Mills Act contracts require that all work performed subsequent to entering into a contract is consistent with those standards. 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 an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The Mills Act contract would not impact a resource of critical concern. The project proposes maintenance of a potential historic property consistent with the Secretary of the Interior’s Standards. The project would have a positive impact in that a potential historic resource would be maintained. The environment is not particularly sensitive (existing building and landscaped areas).

The project proposes maintenance of a building consistent with the Secretary of the Interior’s Standards. No cumulative impacts would occur.

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 exist at the site. The building is an existing structure and the surrounding environment is an established residential area. The Mills Act contract would add an additional layer of protection to the resource. The project proposes to maintain the property consistent with the Secretary of the Interior’s Standards for Rehabilitation.

Therefore, a significant effect would not occur.

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 Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 2, Packet Page 56 negative declaration or certified Environmental Impact Report (EIR). The project proposes maintenance of a property consistent with the Secretary of the Interior’s Standards. The property is not located on or viewable from a state scenic highway. Therefore, impacts to scenic highways would not occur.

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. The project site is not listed pursuant to Government Code Section 65962.5. The project would have no impact to hazardous waste sites.

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 property is designated as a local historic resource and the Mills Act contract would add an additional layer of protection to the resource. The building maintenance would be consistent with the Secretary of the Interior’s Standards for Rehabilitation.

ALTERNATIVES CONSIDERED:

The City Council could choose not to approve a Mills Act Contract for the property.

DISCUSSION:

Background
The owner of the 1829 two-story adobe and wood structure at 414 Alvarado Street requested to enter into a Mills Act Contract with the City of Monterey. As required by Monterey City Code, an intensive historic survey and a detailed maintenance schedule that covers the life of the contract were submitted as part of the application.

H-1 Historic Zoning: The property is designated as a H-1 historic property, which is intended to identify and protect the most important historic resources in the City. H-1 zoning is applied only to adobe resources built prior to 1879, “H” zoned resources as of March 7, 2000, and properties which meet National Register of Historic Places criteria as the first, last, only, rare, or most significant resource of its type in the region.

An original one-story adobe was constructed in approximately 1826 and has been a two-story structure since approximately 1849. In addition to residential uses commonly occupying the second floor, the first floor has held a variety of businesses, including a barber shop, candy store, cigar and liquor store, and a bar/café/tavern.

Character-defining features of the adobe are primarily centered on the Alvarado-facing fenestration and includes a distinctive cantilevered balcony with four wood posts, a medium pitch side-gabled roof, two entry doors on the ground floor, a single double hung wood sash window between the entry doors. No physical evidence remains of the north side or rear elevations.

Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 3, Packet Page 57 414 Alvarado Street
Mills Act Contract: A Mills Act Contract is an agreement between the City of Monterey and the property owner of a City-designated historic building. The property owner benefits from a reduction in property taxes and the City is assured that the historic building will be preserved.

The City’s Contract requires that the historic building be maintained in good condition. The Contract includes the following Conditions of Approval:

1. An identification plaque shall be installed describing the building as an historic resource.

The plaque text, design, and materials shall be approved by the Planning Division prior to installation;

2. The building shall be made available for an annual tour; and,

3. The property owner shall maintain the property in good general repair and make any or all repairs as necessary. The roof, exterior and interior walls, and electrical and plumbing systems will be inspected on a regular basis.

On September 14, 2023, the Historic Preservation Commission (HPC) reviewed the Mills Act proposal. After discussion, the HPC voted to recommend to the City Council approval of the Mills Act contract.

Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 4, Packet Page 58 LH/cs
Attachments: 1. Resolution Authorizing Mills Act Contract with Exhibit A (Legal Description) and Exhibit B (Maintenance Schedule)

2. Intensive Historic Survey
e: Cody Phillips, Anthony Lombardo and Associates, Applicant’s Representative 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, 10/17/2023, Item No. 7., Item Page 5, Packet Page 59 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19

AUTHORIZING A MILLS ACT CONTRACT FOR THE PROPERTY AT
414 ALVARADO STREET
WHEREAS, Sanchez Adobe LLC, owner of the commercial building at 414 Alvarado Street, submitted the required application and information to enter into a Mills Act Contract with the City of Monterey, including a detailed legal description (Exhibit A) and maintenance schedule (Exhibit B) that covers the life of the contract; WHEREAS, a Mills Act Contract is an agreement between the City of Monterey and the property owner of a City-designated historic building;
WHEREAS, the property owner benefits from a reduction in property taxes and the City is ensured that the historic building will be preserved; WHEREAS, granting the contract will serve to offset the costs of maintaining the resource;
WHEREAS, the City could expect to receive reduced tax revenue as a result of the Mills Act Contract in the amount of approximately $231.60-$347.40 annually; WHEREAS, the City Council finds that the property meets the eligibility requirements for the Mills Act Program in that it has been designated with the City Historic Landmark H-1 overlay zoning overlay, and granting the contract will serve to offset the costs of maintaining the resource;
WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15331, Class 31) because the Mills Act contract will maintain a historic property eligible for designation consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

Mills Act contracts require that all work performed subsequent to entering into a contract is consistent with those standards. 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 an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 6, Packet Page 60 2 adopted pursuant to law by federal, state, or local agencies. The Mills Act contract would not impact a resource of critical concern. The project proposes maintenance of a potential historic property consistent with the Secretary of the Interior’s Standards. The project would have a positive impact in that a potential historic resource would be maintained. The environment is not particularly sensitive (existing building and landscaped areas).

The project proposes maintenance of a building consistent with the Secretary of the Interior’s Standards. No cumulative impacts would occur.

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 exist at the site. The building is an existing structure and the surrounding environment is an established residential area. The Mills Act contract would add an additional layer of protection to the resource. The project proposes to maintain the property consistent with the Secretary of the Interior’s Standards for Rehabilitation.

Therefore, a significant effect would not occur.

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 proposes maintenance of a property consistent with the Secretary of the Interior’s Standards. The property is not located on or viewable from a state scenic highway. Therefore, impacts to scenic highways would not occur.

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. The project site is not listed pursuant to Government Code Section 65962.5. The project would have no impact to hazardous waste sites.

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 property is designated as a local historic resource and the Mills Act contract would add an additional layer of protection to the resource. The building maintenance would be consistent with the Secretary of the Interior’s Standards for Rehabilitation; and,

Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 7, Packet Page 61 3 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby authorizes a Mills Act contract for the property at 414 Alvarado Street, with Exhibit A (Legal Description) and Exhibit B (Maintenance Schedule) attached hereto.

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, 10/17/2023, Item No. 7., Item Page 8, Packet Page 62

EXHIBIT A

LEGAL DESCRIPTION
414 Alvarado Street
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 9, Packet Page 63

EXHIBIT A
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 10, Packet Page 64

EXHIBIT A
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 11, Packet Page 65

EXHIBIT A
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 12, Packet Page 66

EXHIBIT A
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 13, Packet Page 67

EXHIBIT A
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 14, Packet Page 68

EXHIBIT A
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 15, Packet Page 69 City of Monterey Mill Act
Maintenance Schedule
Property Address: 414 Alavarado Street, Monterey, CA 93940 Owner Name: Sanchez - Adobe
Owner Telefone No:

Owner Email Address:

Contract Year
Work Item Frequency 2023 2024 2025 2026 2027 2028 2029
Near-Term Tasks
Sidewalk power washing Semi-annual 500.00 525.00 550.00 575.00 600.00 625.00 650.00 Window washing Annual 1,200.00 1,200.00 1,500.00 1,500.00 1,800.00 1,800.00 2,100.00 Exterior painting maintenance Annual 1,000.00 1,200.00 1,275.00 1,300.00 1,350.00 1,375.00 1,400.00 Repairs & Maintenance Monthly 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 Roof Inspection & maintenance Annual 1,500.00 2,000.00 2,100.00 2,200.00 2,300.00 2,400.00 2,500.00 Fire & Burglary Monitoring Monthly 555.00 565.00 575.00 585.00 595.00 605.00 615.00 Fire hydrant Monthly 47.00 49.00 51.00 53.00 55.00 58.00 60.00 Long-Term Maintenance Tasks
Roof Annual
Exterior painting Annual 10,000.00
Plumbing Annual 6,000.00
Historic Inspector fees Annual 2,000.00 2,000.00
Annual Total 6,802.00 15,539.00 8,051.00 18,213.00 10,700.00 8,863.00 9,325.00 Running Total
Exhibit B
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 16, Packet Page 70 I
-2o4-
State of California - The Re!IOUrces Agency

DEPARTMENT OF PARKS AND RECREATION

HISTORIC RESOURCES INVENTORY

IDENTIFICATION
~
g UTM------- Q
• ____ __,, R __ SHL __
::, ! Lat _____ _ Lon ____ _ Era __ 5i11 __ _
!!
!!? Adm __ T2 __ T3 Cat __ HABS _HAER Fed

1. Common name: ___ J.Ciaa1.1;s1aa.L,i.Staa.1,In~c;,t:h~et.2z._ _________________________ _ i. Historic name, if known:---------------------------------

3. Street or rural address --~4t:!l:f2:.:-4:!:!:l:'.:!4~A::!:l var~:!:!a~d:!:!o::!....!S:!.:t!!.:::re~e::..!t~--------------:------ City: Monterey ZIP: 91940 County: Monter ey
4!4 O!ayton B. Neill, Jr. & Gilbert Neill Box 670 . 4. Present owner, if known:] i • Geo:rg.e & Juan Dovol i a Address: 50~ Munra,s C·,ty.· ------""' Monterey ........ .....,....._.__ _______ ZIP·. "'3±0 ~-::c:- . Ownership is: Public D Private Ii]

5. Present Use:412; Shoe Repair; 414: bar Original Use: _ _,ire.E.;;SLJi'-l,di.s;eu.n1.1,c..i;e'---__________ _

DESCRIPTION

6. Briefly describe the present physical appearance of the site or structure and describe any major alterations frcim its original _ condition: •
This charming adobe structure is one of the few rema.inin~ adobes along historic Alvarado Street. It is a small two story adobe of rectangular Qlan with a red tle gable roof. The second story su~ports a cantilevered balcony with elegantly turned balusters. The adobe shelters two separate business endeavors with different· store fronts. The store fronts are faced with a variety of bricks and cut stone.

A kitchen was added of 144 square feet to the rear of the building in lS)LJ-6. In 1974 the wood slab floor w~s replaced with a concrete slab roof. Other alterations date from lS)LH, 1943, 1944, 1950, and 1952.

7. Locational sketch map (.draw and label site and
surrounding streets, roads, and prominent landmarks):
- ,- -------- _T _ ___ ---·-- - --,--cL.--_---1

DEL MONTE
.J
q:

0..
- ~ ... I------' (..) w I.JJ
2 a::: W
- ------Ju.o.JI ~ oc i----
a: cn l---L---r 1..---;
Q_ L....--- \()
---- 0 L..----4 !•111.

1...-----1 ~ ~-U.-----1 ~'
,__ ____ Cl w
<( ::a:
1-----1 ~ .ti--_
<t i--_, r

8. Approximate property size:

Lot size (in feet) Frontage 66. 52
Depth 171, J or approx. acreage ___ _

9. Condition: (check one)
a. Excellent D b. Good D c. Fair D
d. Deteriorated ~ e. No longer in existence D

10. Is the feature a. Altered? ~ b. Unaltered? D

11. Surroundings: (Check more than one if necessary)
a. Open land D b. Scattered buildings 0
c. Densely built-up ~ d. Residential 0
e. Commercial ~ f. Industrial D
g. Other D -------------

12. Threats to site:
a. None known
c. Zoning D e. Vandalism
□
d.
□
b. Private development D
Public Works project D
f. Other EJ crack in wall

13. Date(s) of enclosed photograph(s): __ ...::l:;..9~7...1.? ____ _ ATTACHMENT 2
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 17, Packet Page 71 NOTE: The following (Items 14-19) are for structures only.

14. Primary exterior building material: a. Stone O b. Brick [] f. Other -----------------
c. Stucco O d. Adobe @ e. Wood [il

15. Is the structure: a. On its original site? l.~i! b. Moved? I .J c. Unknown? [ J

16. YP;1r r:,f initial construction ] 829 . This date is: a. Factual · I .J b. Estimated [_I

11. Architect (if knownl: _______________ , ____________________ _

18. Builder (if known) :

19. Related features: a. Barn O b. Carriage house 0 c, Outhouse O d. Shed(s) 0 e. Formal garden(s) 0 h. Other[] _ __________ • I. None @ f. Windmill D g. Watertower/tankhouse 0

SIGNIFICANCE

20. Briefly state historical and/or architectural importance ( include date5, events, and persons associated with the site when known) :

This adobe is built on a parcel of the Gil Sanchez properly which was designated as Lot One Block One of the City of Monterey. The adobe was granted to the unma.rried daughter, Maria Ignacio Sanchez, when the estate was divided amongst the heirs in 1891. The adobe served as her residence until her death in 1917. A son of Gil Sanchez, Adolfo, married-the sister of Mrs Robert Louis Stevenson, and owned the adobe when· it was known as the Old Bohemian Saloon. The Saloon was popular with early artists in the area who painted murals on the interior walls.

21. Main theme of the historic resource: (Check only onel: a. Architec.ture ~ b. Arts& Leisure D c. Economic/Industrial O d. Exploration/Settlement [] e, Government O f. Military D g. Religion D h. Social/Education D

22. Sources: List books, documents, surveys, personal interviews, and their dates:

23. August 1977 Jane •Anne wi•lema.n Date form prepared: ' By (name): -------LAddress: 642 Beach Drive Citv _Am,os, California ZIP.: . 9,500J Phone: ( 4·J8) 688-5166 Organization: ___ M~o:.:n:::.t.::.e::::;r~e:::,YL...:P:...;l::a~n~n~i::' ng~--"D~e.:.:pl,!la..,r.._t.._m,..e..._n..,t.._. __ __,. ___ _ (State Use Only)
ATTACHMENT 2
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 18, Packet Page 72 ARGHJrrECTURAL COMMITTEE
HIS'l'OR.IC BUILD PW Slfft VE!:

PLANNING DEPA' .,... ,, .. . I , • i ' MONTER.i~T
Nbly .J. ~IJNaroe of bu:\ lding_ ~ 4---·---·-·--·-
.. --.. -----·----__
Locat.ir.m ......... -~ . ·- __ -·---
Year built~
Changes in bu i.lding since erect.ton ______________ =---... ---------- Physical stat.a of building__,_, -------------
Aaseased valuation of site ----~ =---.-----
Building
Tot.al
Prc1sen't, u&e __...,._.____. ~ w,• J"I T e

10., Historical significance_
------"--~ :a ... ---
Researcher. -- -•.-.rn-r----~·~
ATTACHMENT 2
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 19, Packet Page 73 ATTACHMENT 2
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 20, Packet Page 74 ..
...
. ··----------
ATTACHMENT 2
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 21, Packet Page 75 Historic Preservation Report
The Gil Sanchez Adobe, 414 Alvarado St., Monterey
Treatment TypeThe proposed Gil Sanchez Adobe Historic Preservation Program is designed for the continued adaptive reuse of a former residence in its current capacity as a commercial cocktail lounge and bar. The Secretary of the Interior's Standards for Treatment of Historic Properties being employed will be Rehabilitation. Rehabilitation is defined as the act or process of making possible a compatible use of a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.

History
According to available documentation Gil Sanchez, for whom • the adobe is named, was born in Zacatecas, Mexico in 1800. He arrived in Monterey about 1830. He became tithe collector for Monterey and apparently resided for a period of time in Santa Cruz, or Branciforte. He married Concepcion Pinto, from Branciforte. In 1836 Sanchez was a Regidor, or town councilman in Monterey. In 1839-40 he was granted the Rancho Arroyo de Laguna, north of Santa Cruz, as well as a Solar, or town lot in Santa Cruz proper.

In 1842 Sanchez was involved in the shooting death ofFulgencio Robles, for which he was exiled to Monterey.

The Monterey Ayuntamiento, or city council, granted Gil Sanchez a Solar on January 31, 1843. It ran from the corner of what is now Franklin St. south 40 varas, fronting on Alvarado, then 60 varas deep, to Calle Principal. It is not clear whether there was a one story adobe building in place .when Sanchez acquired the property (see architectural history). In 1845 Sanchez served as anAgente de Policia, or police officer. He was also credited with being one of the founders of Santa Clara College in 1852.

Santa Cruz records mention Gil Sanchez as a saloon keeper in 185 7. Later, he is listed in Monterey in this capacity, as well as a hotel keeper. His son, Adolfo was also a well known saloon keeper in Monterey. A second son, Audel was a blacksmith. Gil Sanchez died at Monterey in 1867. His wife had preceded him in death.

ATTACHMENT 2
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 22, Packet Page 76 Upon his passing the Monterey property was willed to his children, in unequal shares, and apparently was sold in bits and pieces to others, between 1875 and 1891, when clear title to the entire property was adjudicated in a court decree dated September 4, of that year.

The Sanchez adobe remained in the ownership and possession of Gil's daughter Maria Ygnacia Sanchez, who resided in the building until her death in 1917. The 15 X approx. 150 foot lot immediately north of the adobe was owned by Audel Sanchez, who constructed a one story, 12 X 24 foot wood frame building abutting the adobe, sometime before 1885 (see diagram and documentation attached). At this time the adobe was numbered 412 & 412 1/2 Alvarado Street.

According to the Works Progress Administration, American Guide to the Monterey Peninsula, published in 1941: "CASA SANCHEZ, 414 Alvarado St., was long ago converted to commercial use, serving successively as police station, candy shop and tearoom, cigar store, barber shop and beauty parlor .. ". These uses were generally under the business name "My Attic". The Aug. 1912 Sanborn map for Monterey shows a barber shop and candy store in place at that date, while the 1911 Monterey Business Directory shows Mrs. Sanchez in residence at the same address. This suggests that the owner may have occupied the upper floor while renting the street level for retail use.

The "My Attic" business name for the building first appears in the 1926 Polk Directory for Monterey, and is still in use as late as 1951 as the "My Attic" liquor store. Its use as a cafe/tavern shows up in 1953, but may date as early as 1941. It is currently in the same use, as Viva's Bar & Restaurant.

Historic Context and Interpretive Period
The Gil Sanchez Adobe is one of Monterey's Old Town collection of some 43 adobe structures that illustrate the Spanish-Mexican Colonial era, better than any other place in the United States. A principal goal of the Historic Preservation Element of the Monterey General Plan is to, "Preserve Monterey's heritage of adobe and stone buildings of the Spanish and Mexican eras for future generations to enjoy." Thematically, under the recently adopted Monterey Historic Master plan, the Gil Sanchez Adobe should be interpreted as representative of the Spanish-Mexican cultural era.

ATTACHMENT 2
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 23, Packet Page 77 The appropriate period of interpretation, based on available physical and documentary evidence, should be 1891. This is the year that the courts adjudicated final disposition of the town solar to Sanchez family members, and while the adobe was still in its original residential use. It is also highly probable that the facade of the building in 1891 appeared as it did when constructed, possibly as early as 1844, or as late as 1849 or 1850.

Architectural History
The Sanchez adobe does not appear on the Charles Gildemeister lithograph, Harbour and City of Monterey, California 1842, commissioned by Thomas O. Larkin. The earliest map reference to the physical configuration of the Sanchez Adobe appears on the 1849 Pedro Narvaez Survey (see attached}. It shows the footprint of a linear building running the full length of the Sanchez parcel from its junction at the SW corner of Franklin St. south, along the Alvarado St. frontage, to the northern lot line of the Dolores Vasquez Adobe.

The written descriptions available suggest that a "rambling" one story adobe with a rear full-length veranda, overlooking an elaborate garden facing Main St. (Calle Principal) once occupied the parcel. The date of construction is estimated to be about 1828 or 1829. The Gildemeister Litho. suggests that adobe was gone by 1842.

An 1852 map, titled "Monterey Harbor, California" from a survey by A.D. Bache, and R.D. Cutts, Assistant and Topographer to Lieut. James Alden, U.S.N. does not show the same floor plan, but one suggesting the current footprint of the adobe. The March 1885 Sanborn map of Monterey shows the 1852 configuration, with the addition of a small, wood frame building off the north side elevation, fronting Alvarado St., and a wood framed ell extending west toward Calle Principal from the rear of the now two story adobe, at its SW corner.

The May 1888 Sanborn map shows that the small, one story wooden structure attached to the north end of the adobe had been expanded to the full width of the host building, with no other apparent changes. An 1891 survey map of the original Gil Sanchez Solar, prepared by Walter Colton Little for a Superior Court case involving the Sanchez heirs, shows the plan of the adobe and the north wall addition, identifying Maria Y gnacia Sanchez as the owner of the adobe parcel, and her brother, blacksmith Audel Sanchez, as the owner of the addition.

ATTACHMENT 2
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 24, Packet Page 78 Aperiod photograph (see attached) shows this configuration. The March 1892 Sanborn map shows a change in the lot lines between the parcels of Maria and Audel Sanchez, but no further alterations to the building by that time.
based on existing documentation, it is suggested that the "rambling" one story adobe building that may have existed on the parcel as early as 1827 or 1828, remained in place until sometime prior to 1842 (Gildemeister Litho.), or 1849 (when it clearly appears on the Narvaez map), and 1852 when the Alden survey first shows the current configuration, confirmed by the Sanborn map of March, 1885. We know that Gil Sanchez was living in Santa Cruz until the Robles shooting in 1842, when he was exiled to Monterey, and we know that.he was given clear title to the Alvarado St. parcel in January of 1843. He appears in Monterey as a minor official into the mid-1850s, when we again see him in Santa Cruz as a hostler and saloon keeper. Assuming that both the Narvaez and Alden maps are correct, we can ascribe a date of construction for the existing two story adobe sometime between 1849 and 1852.

Maria Ygnacia Sanchez occupied the two story adobe until her death in 1917 .. According to the Sanborn map·ofMonterey for August of 1912 she was leasing some of her space to a barber shop and candy store, and a wood frame hardware store had replaced the blacksmith shop of her brother, Audel, on the north. The existing rear additions to the adobe had been slightly expanded, but in the same general configuration, as an ell.

The property has continued in commercial use since Maria's passing. Various Monterey business directories from the 1920s through the 1990s show an evolution from barber/beauty shop and candy store to a tea room (1912-1947). The adobe has been used as a cigar and liquor store ( 1930-1951) and bar/ cafe, its current use, since 1953, when it was the "My Attic" cafe and tavern.

Comparing two photographs from the Pat Hathaway collection showing the facade of the Sanchez adobe in the 1880s and 1890s, with one taken in approximately 1965 (see attached), clearly exhibits the many alterations of materials and fenestration that have occurred along the ground floor. The 1880s photo suggests the window on the Alvarado St. ground elevation was moved further south by the 1890s, and the 1890s photo suggests.the loss of some material on the north end of the adobe, as there are five vertical wood posts in the photograph, and only four in place today. The images also exhibit remarkably little change to the appearance of the upper story.

ATTACHMENT 2
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 25, Packet Page 79 Save for a change from wood shingle to pressed metal roof tiles that may have occurred as early as 1920.

Because city building permits on the adobe only date back to 1943, there is no accurate record of exterior and interior changes to the building prior to that date. It is clear however, from the multiple uses over time, that there were many alterations (see attached letter dated 12/20/99 from Preservation Engineer, MelVin Green).

Based on available building permits, in 1941 a new store front was added. In 1943 unspecified repairs were made, and the bathrooms were remodeled in 1944. In 1946 a 12 X 12 foot kitchen was added to the rear of the building. In June of 1950, $2000 worth of alterations were made to the building, and in 1952 an adobe facing was put on the facade. In 197 4 the existing wood flooring was changed to a concrete slab. The exterior was remodeled again in 1981, and adobe wall stabilization, in the form of a new cinder block wall at the north end of the building, was undertaken. 1984 saw another interior remodel, and the removal of more interior walls in 1985.

Character Definin& Features as Originally Constructed.

Based on the photographic record, with the earliest known View of the adobe taken as early as 1867 (see attached), it is the consultant's professional opinion that, except for the southern shift of the first floor window, and the loss of some material on the north end of the adobe, it retained its basic appearance, as constructed, along the Alvarado St. frontage until sometime after the turn of the twentieth century.

The Sanchez adobe was constructed as a two story residential building, with a distinctive cantilevered balcony, characterized by a delicate turned wood-spindle railing, supported by four wood posts.

The medium pitch side gabled roof was covered in redwood shingle.

Fenestration included two entry doors on the ground floor, one at the south end and one at the north end of the structure. A single, double hung 6 / 6 wood sash window appeared midway between the entry doors.

Two doorways appeared at the second floor level, one to the south, directly above the ground floor entry, and one to the north, slightly offset to the south of the ground floor entry. The doors on the upper level appear in period photographs to have four light glazed upper panels.

ATTACHMENT 2
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 26, Packet Page 80 Based on physical evidence, a 23 inch thick adobe wall, approximately 12 feet from the south end wall, separated the interior of the adobe into four rooms. Two on the ground floor, and two on the upper floor. An interior staircase toward the rear of the building afforded access to the upper rooms.

There is no physical evidence remaining of the original appearance of the north side or rear elevations.

Chanees and alterations made over time that have achieved stature as Character Definin& Features.

The single change to the adobe, over time, that has achieved status as a character defining feature is a pressed tin roof covering in the form of Mission tile. This was added over an eXisting redwood shingle roof sometime in the early twentieth century, probably in the teens. This roof treatment has defined the appearance of the building in living memory.

This existing roof covering has exceeded its functional life and is no longer sound, nor has a replacement product matching the roofing material been found. Furthermore, based on the proposed period of interpretation,· 1891, a pressed tin roof covering would be inappropriate for the era.

Examples of each type of the pressed tin panels used in the roof are being retained for documentary purposes, and may be employed in the buildings interpretation.

Fortunately, the visual appearance of the second floor elevation along Alvarado St., including the balcony and door openings, appear to be intact as originally constructed. There have been some changes in the actual doors themselves, but photographic evidence is available from the period of significance documenting their earlier appearance.

Chanaes not consistent with the historic value of the resource.

The iµost obvious changes to the adobe that are not consistent with the historic value of the resource are those of material and visual alterations of the building envelope over time. This condition eXists on the interior as well as the exterior of the structure.

ATTACHMENT 2
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 27, Packet Page 81 The most evident expression of these changes is found on the ground floor elevation along Alvarado Street, where doorways have been moved, windows removed and added, and a succession of exterior wall claddings have been employed as changes in use of the building have occurred, especially since the onset of WWII. Some of these changes are discussed in the architectural history above. There appears to be little of the original adobe fabric of the building remaining on the ground floor elevation.

Interior wall removals and wood frame additions to the rear of the building since WWII have created a maze of rooms and spaces that have nothing to do with the original floor plan of the adobe.

Preservation Program
Guiding Principles

1. When considering· uses of the building or parts of the building, seek uses that require the least possible alteration.

2. Preserve and maintain original materials on the building as long as possible by using good maintenance practices.

3. Where historic materials are damaged or decayed, the preferred alternative is repair of the existing material. Where repair is necessary, use the least degree of physical intervention first.

Retain the parts that are serviceable, replacing only those portions that are deteriorated. Repair is often less expensive than replacement with a new or non-historic element. (Example:
if a portion of a door or window is deteriorated beyond repair, splice a duplicate of the original material in the deteriorated portion only. Deteriorated or split wood can often be repaired with an epoxy treatment designed especially for preservation of historic buildings.)

4. If deterioration cannot be repaired, the piece should be replaced with an exact duplicate of the original. (Example: when a wooden window is. damaged beyond repair, it should be
replaced with a wooden window fabricated to match the original design and materials. It should not be replaced with a
manufactured stock-type window.)
ATTACHMENT 2
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 28, Packet Page 82

5. Where deterioration has occurred, repair or replace the deteriorated part only. (Example: when one window is
deteriorated, repair only that window. Do not replace all of the windows in the building. When a section of siding is
deteriorated and the balance is satisfactory, repair only the deteriorated portion. Do not replace all of the siding on the building.)

6. Any work on the building shall comply with the Secretary of the Interior's Standards for the Rehabilitation of Historic Buildings(see current copy of the Standards attached). Contact the Planning Department for information on how to correctly follow the Secretary's Standards.

Exterior
The exterior shall be treated as shown on the attached exhibits and in the following requirements:

1. The facade of the building along Alvarado St. shall be returned to its 1890s appearance, to the extent feasible, based on physical evidence provided by the structural engineer, and available historic photo documentation. See Rehabilitation Standards 2, 5 and 6.

2. Any remaining original adobe building fabric shall be preserved to the extent feasible, based on the requirements of life safety.

See Rehabilitation Standards 2, 5 and 9.

3. The roofing material on the building shall be returned to wood shingle. It shall be laid to match the existing size, shape and exposure to weather found in earlier material uncovered during the sheet metal roof removal. The new roofing shall be fire rated, requiring the use of cedar, rather than the original redwood shingle. See Rehabilitation Standards 2, 5 and 6.

4. If a roof gutter is required along the facade, it should match the existing sheet metal unit removed with the metal tile roof. See Rehabilitation Standards 2 and 6.

ATTACHMENT 2
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 29, Packet Page 83

5. Examples of the sheet metal roof components shall be retained as part of the historic record of the building.

6. Any required new doors or windows will be designed to match existing originals, or otherwise based on physical evidence and available historic photographs. See Rehabilitation Standards 2, 3, 5 and 6.

7. The proposed rear patio door for the facility should base its design on example C, of Typical Doors, found on page 94 of Hannaford & Edwards, Spanish Colonial or Adobe Architecture of California 1800-1850 (see attached). As no historic adobe fabric remains along the rear elevation of the building, the use of the proposed period door design in new construction should meet the intent of Rehabilitation Standard 9, Without creating the false sense of historical development described in Standard

3. interior

1. the remaining internal adobe partition wall configuration shall be retained as evidence of the original arrangement of interior spaces. The general line, and depth of the existing adobe wall shall be duplicated in form, but not necessarily materials, on the first floor for this purpose. See Rehabilitation Standards 2, 5, 6 and 9.

Handicapped Access
The current building use requires access for the handicapped.

1. One of the proposed front entry doors needs to meet ADA access standards, as does the proposed rear patio door. Because the adobe is listed on the City of Monterey Historic Resource Inventory, the owners may employ provisions of the California Historic Building Code (CCR, Title 24, Sec. 8), to comply with ADA requirements, while respecting the historical integrity of the building. •
ATTACHMENT 2
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 30, Packet Page 84

SOURCES
Books
Delkin, James Ladd, Monterey Peninsula, American Guide Series, California State Department of Education: Berkeley, CA, 1941.

Elkinton, Amelie, Unpublished manuscript notes on Monterey adobes, located in the Mayo Hayes O'Donnell Library,
Monterey.

Hannaford, D.R., & Edwards, R., Spanish Colonial or Adobe Architecture of California 1800-1850, Architectural
Book Publishing Co.: New York, 1931.

Howard, Donald M., Cow Path to Main Drag, Alvarado StreetMonterey, Donald M. Howard, Esq.: Monterey, 1996.

O'Donnell, Mayo Hayes, Monterey's Adobe Heritage, Monterey Savings and Loan Assoc.: Monterey, 1965.

Van Nostrand, Jeanne, Monterey Adobe Capital of California 1 770- 1847, California Historical Society: San Francisco, 1968.

Misc.

Hathaway, Pat, California Historic Views. A repository of significant historic photographic images of early Monterey County & the Central Coast of California. Located in Monterey.

Sanborn Fire Insurance Maps for Monterey, 1885, 1888, 1892, 1905, 1912, 1926. located in the Monterey City Library, Monterey Building Department, and Colton Hall Museum,
Monterey.

U.S. Dept. of the Interior, The Secretary qf the Interior's Standards for the Treatment of Historic Properties 1992, National Park Service: Washington, D.C., 1992.

ATTACHMENT 2
Council Regular Meeting, 10/17/2023, Item No. 7., Item Page 31, Packet Page 85 Council
Agenda Report
FROM: Karen Larson, Parks and Recreation Director
Prepared By: Yessica Infante-Sanchez, Administrative Assistant SUBJECT: Award a Contract in the Amount of $103,171.46 to EquippedFS LLC DBA Equipped Fitness Solutions for the Purchase and Installation of Weight Room Equipment for the Monterey Sports Center (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. Award a Contract to EquippedFS LLC DBA Equipped Fitness Solutions, in the amount of $103,171.46 for the purchase and installation of weight room equipment at the Monterey Sports Center; and,

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

VALUE DRIVERS:

POLICY IMPLICATIONS:

This action is consistent with the City Council’s Value Drivers Strategic Priorities of Quality of life to ensure the health and wellness of the community, foster opportunities for the public to stay physically and mentally active and Fiscal Stewardship to prioritize funding models and sources for facility rehabilitation, repair, and replacement.”
This action is also consistent with City Council policy to approve all contracts for services exceeding $75,000.

FISCAL IMPLICATIONS:

This action is consistent with City of Monterey formal bid process to solicit a minimum of three bids from qualified vendors.
№08/22
Date: 10/17/2023
Item No.: 8.

Council Regular Meeting, 10/17/2023, Item No. 8., Item Page 1, Packet Page 86 Bidder 1 Bidder 2 Bidder 3
Vendor Name: Equipped Fitness
Solutions
Sea to MTN Fitness Functional Fitness
Products
Bid/Proposal Amount: $103,171.46 $113,141.36 $121,459.61 Sufficient funding was approved in account number 101-500-5180-0000-4505, Capital Outlay in the 2023-24 fiscal year budget to complete the purchase and installation of the weight room equipment.

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:

Council could choose not to award the contract for the purchase and installation of weight room equipment at the Monterey Sports Center. However, this is not recommended as Staff are confident in the ability of Equipped Fitness Solutions to perform and provide the best delivery and installation of the weight room equipment. Not awarding the contract would have a negative impact on the current and future fiscal health of the Monterey Sports Center by potential decrease of retention and sales of all programs and services. It is imperative that the current equipment be updated in order to continue to meet the demands within the fitness industry for our community. Staying competitive in the fitness industry requires having the latest equipment to offer the best overall experience for the Sports Center clientele and to cater to different types of workouts, age groups, and fitness levels.

DISCUSSION:

The weight room at the Monterey Sports Center has not been updated since 2016. A lot has evolved in fitness and strength training since that time especially post-pandemic. The importance of strength training to our customers became even more pronounced when the Sports Center reopened in March 2021. Since that time, the weight room has been one of the most utilized parts of the facility for all ages and levels of fitness. The need to expand and update the weight room to accommodate more customers at one time and to attract new customers to our facility is essential to financial growth. The capital outlay for this project has been approved in the fiscal year 2024 budget. Council Regular Meeting, 10/17/2023, Item No. 8., Item Page 2, Packet Page 87 Based on customer feedback, personal trainer feedback, market research, and our contracted equipment maintenance provider, Staff contacted several companies and requested a quote to update the weight room and include specific pieces of equipment and features that have been repeatedly requested and are lacking in our current design. City Staff chose Hoist Equipment based on its rating in durability and low maintenance, state-of-the-art design, and an excellent warranty package.

The proposed design’s centerpiece is the Hoist Multi Jungle-System that can be configured to meet a wide range of needs. It is placed in the middle of the room so it can accommodate up to 14 customers at one time. Our current system is located on the perimeter and can only accommodate 2 guests at time. In addition, there is no wasted space in the new design. Every inch of space is strategically utilized. Other necessary and requested updates include the addition of a dedicated platform for deadlifts, bumper plates, Hoist Prone Leg Curl, Hoist Glute Thrust, Hoist Hack Squat/Deadlift/Shrug and more benches for dumbbell lifting. Staff are confident that this new weight room design will impress and attract many new customers to the facility and significantly drive membership. The Monterey Sports Center weight room will be regarded as the best in the area.

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

1. Award a Contract to EquippedFS LLC DBA Equipped Fitness Solutions, in the amount of $103,171.46 for the purchase and installation of weight room equipment at the Monterey Sports Center; and,

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

Attachments: 1. Resolution

2. Bid Tabulation
e: Chris Henno, Sales Representative, Equipped Fitness Solutions 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, 10/17/2023, Item No. 8., Item Page 3, Packet Page 88 RESOLUTION NO. - C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
AWARD A CONTRACT IN THE AMOUNT OF $103,171.46 TO EQUIPPEDFS LLC DBA

EQUIPPED FITNESS SOLUTIONS FOR THE PURCHASE AND INSTALLATION OF WEIGHT

ROOM EQUIPMENT FOR THE MONTEREY SPORTS CENTER
WHEREAS, on the 22 day of September 2023, the Monterey Sports Center Fitness Supervisor received three (3) bids for the purchase and installation of the weight room equipment for the Monterey Sports Center;
WHEREAS, the weight room at the Monterey Sports Center has not been updated since 2016 and staying competitive in the fitness industry requires having the latest equipment to offer the best overall experience for the Sports Center clientele and to cater to different types of workouts, age groups, and fitness levels;
WHEREAS, the need to expand and update the weight room to accommodate more customers at one time and to attract new customers to our facility is essential to the financial growth of the Monterey Sports Cener;
WHEREAS, EquippedFS LLC dba Equipped Fitness Solutions, Sea to MTN Fitness, and Functional Fitness Products submitted responsive, responsible bids in response to the solicitation;
WHEREAS, EquippedFS LLC, DBA Equipped Fitness Solutions submitted the lowest responsive, responsible bid in the amount of $103,171.46; WHEREAS, sufficient funding is available in account 101-500-5180-0000-4505 to complete the purchase and installation of weight room equipment at the Monterey Sports Center; and, WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

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

1. Awards a Contract to EquippedFS LLC DBA Equipped Fitness Solutions, in the amount of $103,171.46 for the purchase and installation of weight room equipment at the Monterey Sports Center; and,

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

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
2 Council Regular Meeting, 10/17/2023, Item No. 8., Item Page 5, Packet Page 90

CITY OF MONTEREY

BID/QUOTE/PROPOSAL SUMMARY
**************************************************************************************************************************************** NOTE: Your department (the buyer) is the Department of Record and is responsible for completing and retaining this form.

Retention: in Series 405-05 of your department. Finance is not the Dept of Record for this form. ****************************************************************************************************************************************

1. 2.

3. ITEMS/SERVICES TO BE PURCHASED:

ACCOUNT CODE:
--------
RES O LU T 1O N /ORDINANCE NUMBER:
0 INFORMAL WRITTEN CALL FOR BIDS
Informal written bids (a minimum of three, if possible) are to be obtained if the purchase is for materials, supplies, equipment, or contractual services with an estimated value from $12,000 up to $74,999.99, or for PW projects from
$12,000 up to 149,999.99.
0 INFORMAL VERBAL CALL FOR BIDS OR RFP
Informal verbal bids or proposals (a minimum of three,
if possible) are to be obtained if the purchase is needed immediately and meets the same criteria as outlined above for Informal Written Call for Bids or Informal Written RFP.

4. RECORD OF BIDS/PROPOSALS
□FORMAL REQUEST FOR PROPOSAL (RFP)
Contracts for professional services valued at $75,000
or more require the competitive Request for
Proposals process and are subject to Council
approval. For formal proposals, you must provide the
Award of Professional Services Resolution Number.

RESOLUTION/ORDINANCE NUMBER: I
0 INFORMAL WRITTEN RFP
Informal proposals (minimum of three, if possible) are
to be obtained for professional services valued from
$12,000 to $74,999.99.
0 EXCEPTION TO COMPETITVE BIDDING
Attach Exception form approved by Finance.
0 Sole Source Justification
0 Piggyback Purchase Request
0 Emergency Exception Request
Please list fill vendors contacted. If three bids or proposals cannot be obtained, please explain clearly under "Comments" below. Note that cost can be listed for rofessional services but that cost cannot be the sole criteria for award of the contract.1 Vendor Name: Vendor Name:

Bid/Proposal Bid/Proposal
Amount: Amount:

Qualified? □ Yes D No (Explain Below) Qualified? □ Yes D No (Explain Below) Vendor Name: Vendor Name:

Bid/Proposal Bid/Proposal
Amount: Amount:

Qualified? □ Yes D No (Explain Below) Qualified? □ Yes D No (Explain Below) Vendor Name: Vendor Name:

Bid/Proposal Bid/Proposal
Amount: Amount:

Qualified? □ Yes D No (Explain Below) Qualified? □ Yes D No (Explain Below) 1 California League of Cities, Municipal Law Handbook
T00014-CA (v.2.7-10/1/2020)
Purchase and Installation of Weight Room Equipment
101-500-5180-0000-4505
CHECK THE APPROPRIATE CATEGORY:
0x FORMAL CALL FOR BIDS
Formal bids are required for purchases and contracts
for materials, supplies, equipment or contractual
services with an estimated value of $75,000 or more
or for Public Works (P\/VJ projects of $150,000 or
more. For formal bids, you must provide the Award of
Bid Resolution or Ordinance Number.

EQUIPPED FITNESS SOLUTIONS
$103,171.46

SEA TO MTN FITNESS
$113,141.36

FUNCTIONAL FITNESS PRODUCTS
$121,459.61
X
Attachment2
Council Regular Meeting, 10/17/2023, Item No. 8., Item Page 6, Packet Page 91 Comments:

ITEM VENDOR A VENDOR C

1. 2.

3. 4.

5. 6.

TOTAL•
NOTE• Transfer totals from each vendor to the front of this form.

T00014-CA (v.2. 7-10/1/2020)

VENDOR B

SEA TO MTN FITNESS FUNCTIONAL FITNESS

PRODUCTS

EQUIPPED FITNESS

SOLUTIONS

WEIGHT ROOM EQUIPMENT

FOR WEIGHTH ROOM

REMODEL
$103,171.46 $113.141.36 $121,459.61
PLEASE SEE QUOTES FOR LISTING OF ALL WEIGHT ROOM ITEMS INCLUDED IN PROPOSAL SUMMARY.

Council Regular Meeting, 10/17/2023, Item No. 8., Item Page 7, Packet Page 92 Council
Agenda Report
FROM: Clementine Bonner Klein, City Clerk
SUBJECT: Receive Mayor’s Recommendation and Appoint Eric Palmer to the Architectural Review Committee and Adam J. Purdy to the Neighborhood and Community Improvement Program Committee (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) RECOMMENDATION:

That the Council receive a recommendation from Mayor Williamson and appoint Eric Palmer to the Architectural Review Committee and Adam J. (“A. J.”) Purdy to the Neighborhood and Community Improvement Program Committee as outlined in the “Discussion” section of this report.

VALUE DRIVER:

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

POLICY IMPLICATIONS:

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

FISCAL IMPLICATIONS:

There are no fiscal implications with this action.

ENVIRONMENTAL DETERMINATION:

ALTERNATIVES CONSIDERED:

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

Date: 10/17/2023
Item No.: 9.

Council Regular Meeting, 10/17/2023, Item No. 9., Item Page 1, Packet Page 93 DISCUSSION:

Background
Vacant seats on Monterey’s boards, commissions, and committees were duly advertised by the City Clerk’s Office pursuant to the California Maddy Act and the Council’s appointments policy, seeking qualified applications for the following vacancies, with priority review for those applications received by noon on Monday, October 2, 2023:

Architectural Review Committee – one vacant seat (vacated September 11, 2023 by the resignation of Zoë Carter)
Disabled Access Appeals Board – one vacant seat (ongoing vacancy) Neighborhood and Community Improvement Program (NCIP) Committee – vacant Alternate seats representing Aguajito Oaks, Alta Mesa, and Deer Flats neighborhoods (all three seats vacant for over six years)
Qualified applications for the above-listed vacant positions were received from the following residents and are attached to this packet (Attachment 1). The City Clerk’s Office confirmed residency requirements using the GIS assessment database.

Architecture Review Committee
Eric Palmer
Gabriel Sanders
NCIP Committee – Aguajito Oaks neighborhood alternate
Adam J. (“A. J.”) Purdy
Recommendation
Mayor Williamson reviewed the applications seen in this packet and conducted interviews with each applicant above in accordance with Council policy and gave appropriate attention and time to the process that resulted in the following recommendation. Mayor Williamson is grateful that residents applied, and recommends that the Council make appointments as follows:

Architecture Review Committee
Eric Palmer – for a term expiring June 30, 2027
NCIP Committee – Aguajito Oaks neighborhood alternate
Adam J. (“A. J.”) Purdy – for a term expiring June 30, 2027 Next Steps
A new vacancy has been duly advertised with priority review for applications received by noon on Monday, October 23, 2023:

Neighborhood and Community Improvement Program (NCIP) Committee – one representative for the Monterey Vista neighborhood (vacated October 3, 2023 by the resignation of Jean Rasch)
Council Regular Meeting, 10/17/2023, Item No. 9., Item Page 2, Packet Page 94 In addition, seats remain vacant on the Disabled Access Appeals Board and Neighborhood and Community Improvement Program (NCIP) Committee (alternates to the Alta Mesa and Deer Flats neighborhoods). Applications will continue to be received on an ongoing basis for these roles until the vacancies are filled. Monterey residents are encouraged to learn more and apply for these volunteer positions. Monterey residents interested in receiving notice of board and commission vacancies are encouraged to subscribe to the City’s “Boards and Commissions Interest List.”
CBK
Attachment: 1. Applications Received
e: Applicants
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 10/17/2023, Item No. 9., Item Page 3, Packet Page 95 ATTACHMENT 1
Council Regular Meeting, 10/17/2023, Item No. 9., Item Page 4, Packet Page 96 ATTACHMENT 1
Council Regular Meeting, 10/17/2023, Item No. 9., Item Page 5, Packet Page 97 (CONTINUED)

CITY OF MONTEREY APPLICATION

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

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

Residential Address: Monterey, CA 93940*
Email Address:

Business Address: Business Phone:

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

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

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

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

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

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

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

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

DocuSign Envelope ID: D8DC9DBC-4D14-48F3-BA8F-BBDB24B77CE2 X
Public Education and Outreach Coordinator, ReGen Monterey n/a n/a
Palmer Eric
ATTACHMENT 1
Council Regular Meeting, 10/17/2023, Item No. 9., Item Page 6, Packet Page 98 Name:
2 MEASURE P AND S OVERSIGHT COMMITTEE – meets quarterly The Measure P and S Oversight Committee reviews revenues generated by Street Infrastructure Rehabilitation Transactions and Use Tax, and expenditures of those revenues, and reports to the City Council. Members: Five.

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

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

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

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

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

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

DocuSign Envelope ID: D8DC9DBC-4D14-48F3-BA8F-BBDB24B77CE2 Eric Palmer Please see attached documents.

X
ATTACHMENT 1
Council Regular Meeting, 10/17/2023, Item No. 9., Item Page 7, Packet Page 99 ATTACHMENT 1
Council Regular Meeting, 10/17/2023, Item No. 9., Item Page 8, Packet Page 100 ATTACHMENT 1
Council Regular Meeting, 10/17/2023, Item No. 9., Item Page 9, Packet Page 101 ATTACHMENT 1
Council Regular Meeting, 10/17/2023, Item No. 9., Item Page 10, Packet Page 102 ATTACHMENT 1
Council Regular Meeting, 10/17/2023, Item No. 9., Item Page 11, Packet Page 103 ATTACHMENT 1
Council Regular Meeting, 10/17/2023, Item No. 9., Item Page 12, Packet Page 104 (CONTINUED)

CITY OF MONTEREY APPLICATION

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

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

Residential Address: Monterey, CA 93940*
Email Address:

Business Address: Business Phone:

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

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

DocuSign Envelope ID: 299209B4-5EF8-48F2-B1AB-E80A8BDE34E0 Adam
Senior Research Scientist, California State University Monterey Bay Purdy J

N/A N/A
ATTACHMENT 1
Council Regular Meeting, 10/17/2023, Item No. 9., Item Page 13, Packet Page 105 Name:
2 MEASURE P AND S OVERSIGHT COMMITTEE – meets quarterly The Measure P and S Oversight Committee reviews revenues generated by Street Infrastructure Rehabilitation Transactions and Use Tax, and expenditures of those revenues, and reports to the City Council. Members: Five.

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

DocuSign Envelope ID: 299209B4-5EF8-48F2-B1AB-E80A8BDE34E0 X
Adam J Purdy
X
I care about my community and offer a new voice to the Aguajito Oaks neighborhood. Having recently settled into our forever, my wife and I look forward to raising our daughter in this community for years to come. I see this potential appointment as a great opportunity to further connect with the city of Monterey and help steer neighborhood improvements to Aguajito Oaks in concert with the long-term city plans.

One short-term idea for low cost investment is creating a cross walk to access local schools.

Additional opportunities exist to define bike-share lanes along Aguajito Rd to safely access downtown and the beach.

I hope you consider my application and look forward at the opportunity to serve on this committee.

ATTACHMENT 1
Council Regular Meeting, 10/17/2023, Item No. 9., Item Page 14, Packet Page 106 ATTACHMENT 1
Council Regular Meeting, 10/17/2023, Item No. 9., Item Page 15, Packet Page 107 (CONTINUED)

CITY OF MONTEREY APPLICATION

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

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

Residential Address: Monterey, CA 93940*
Email Address:

Business Address: Business Phone:

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

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

DocuSign Envelope ID: 710D3F39-B061-4A4D-B4BB-A0B9BC218F8E 3180 Imjin Road, Suite 153 Marina, CA 93933
Director of Housing and Community Development
X
707-239-1958
Sanders Gabriel
N/A
N/A
B
ATTACHMENT 1
Council Regular Meeting, 10/17/2023, Item No. 9., Item Page 16, Packet Page 108 Name:
2 MEASURE P AND S OVERSIGHT COMMITTEE – meets quarterly The Measure P and S Oversight Committee reviews revenues generated by Street Infrastructure Rehabilitation Transactions and Use Tax, and expenditures of those revenues, and reports to the City Council. Members: Five.

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

DocuSign Envelope ID: 710D3F39-B061-4A4D-B4BB-A0B9BC218F8E X
I have a Master's Degree in Public Administration from the Middlebury Institute of International Studies. I earned my degree studying housing policy and its implementation at the state and local jurisdiction level.

I worked for the Department of Housing and Community Development as a Housing Analyst from 2021-2022.

I worked in housing policy from 2022-2023 for a local housing and environmental advocacy organization, LandWatch.

I currently work for the Monterey Bay Economic Partnership as Director of Housing and Community Development. I work with developers and architects on a regular basis to determine the feasibility of projects, residential, commercial, and mixed-use developments.

I also serve on the Board of Directors for Habitat for Humanity Monterey Bay.

Gabriel Sanders
ATTACHMENT 1
Council Regular Meeting, 10/17/2023, Item No. 9., Item Page 17, Packet Page 109 ATTACHMENT 1
Council Regular Meeting, 10/17/2023, Item No. 9., Item Page 18, Packet Page 110 Council
Agenda Report
№07/19
FROM: Kimberly Cole, AICP, Community Development Director Levi Hill, AICP, Planning Manager
Prepared By: Matthew Buggert, Associate Planner
SUBJECT: 1st Reading by Title Only of an Ordinance to Rezone 875 Spencer Street from R3-5 to R-3-5-H-2 as a City Historic Resource and Authorize a Mills Act Contract (Property Tax Savings Program for Historic Structures) (Exempt from CEQA per Article 19, Section 15305, Class 5)
RECOMMENDATION:

That the City Council:

1. Introduce by title only, waive full reading, and pass a first reading of an ordinance to rezone 875 Spencer Street from R-3-5 to R-3-5-H-2 as a City Historic Resource; and

2. Adopt a resolution authorizing a Mills Act Contract (property tax savings program for historic structures) for 875 Spencer Street.

VALUE DRIVERS:

POLICY IMPLICATIONS:

H-2 zoning is intended to identify and protect historic resources in the City that would be recognized as resources of local historic importance, and their significance would not be generally recognized outside the immediate area of the Monterey Peninsula.

Date: 10/17/2023
Item No.: 10.

Council Regular Meeting, 10/17/2023, Item No. 10., Item Page 1, Packet Page 111 FISCAL IMPLICATIONS:

Each property owner pays approximately 1% annually of the assessed value of their property in property taxes and approximately 20% of those property taxes are passed through to the City.

Most Mills Act contract properties recognize 40-60% savings in taxes, depending on how the County Assessor estimates the site’s rental rate.

The following chart represents the approximate reduction in property taxes that would be passed to the City under the Mills Act:

Property Address Standard Property
Tax
Standard Tax Passed
to City (20%)
Mills Act Rate Tax
Passed to City (40-
60% Reduction)
828 Pacific Street $5,611.00 $1,122.00 $449.00-$673.60
ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15305, Class 5) because the addition of H-2 overlay zoning to the property will not result in significant changes to land use limitations and will maintain a designated historic building consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Mills Act contracts require that all work performed subsequent to entering into a contract is consistent with those standards.

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 an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The addition of H-2 overlay zoning would not impact a resource of critical concern. The project proposes maintenance of a historic building consistent with the Secretary of the Interior’s Standards. The project would have a positive impact in that a historic resource would be maintained. The environment is not particularly sensitive (existing building and landscaped areas).

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. The addition of H-2 overlay zoning would add an additional layer of protection to the resource. The project proposes maintenance of a building consistent with the Secretary of the Interior’s Standards. No cumulative impacts would occur.

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 exist at the site. The building is an existing structure and the surrounding environment is an established residential area. The addition of H-2 overlay zoning would add an additional layer of protection to the resource. The project proposes to maintain the structure consistent with the Secretary of the Interior’s Standards for Rehabilitation. Therefore, a significant effect would not occur.

Council Regular Meeting, 10/17/2023, Item No. 10., Item Page 2, Packet Page 112 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 proposes maintenance of a building consistent with the Secretary of the Interior’s Standards. The property is not located on or viewable from a state scenic highway. Therefore, impacts to scenic highways would not occur.

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. The project site is not listed pursuant to Government Code Section 65962.5. The project would have no impact to hazardous waste sites.

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 building is eligible as a local historic resource and the addition of H-2 overlay zoning would add an additional layer of protection to the resource. The building maintenance would be consistent with the Secretary of the Interior’s Standards for Rehabilitation. The project would not cause an adverse change to the historic resource.

ALTERNATIVES CONSIDERED:

The City Council could choose not to rezone or approve a Mills Act Contract for the property.

DISCUSSION:

Background
The owner of the 1948 wood frame, Art Moderne Style residence at 875 Spencer Street requested H-2 (City Historic Resource) overlay zoning and to enter into a Mills Act Contract with the City of Monterey.

Historic Zoning
As required by Monterey City Code, an intensive historic survey and a detailed maintenance schedule that covers the life of the contract were submitted as part of the application. According to the intensive survey prepared by Architectural Historian Kent Seavey, the subject property qualifies as a local historic resource based on California Register Criterion 3:
 Criterion 3: Properties can be eligible under California Register Criterion Three (Design) if they embody the distinctive characteristics of a type, period, or method of construction; or that represent the work of a master; or that possess high artistic values.

The Henry Linares House is eligible under this criterion because it is a good, intact example of Art Moderne architecture by owner-builder Henry Linares. The Art Moderne Style evolved from Art Deco and what was called Streamline Moderne from the 1920s to 1940s.

Character-defining features of the residence include a boxlike rectangular building envelope with a flat roof and textured stucco surface, and “modern” geometric decorative finishes. The property retains all seven aspects of its historic integrity, including retaining a strong sense of Council Regular Meeting, 10/17/2023, Item No. 10., Item Page 3, Packet Page 113 time and place, generally unaltered design, and its exterior materials are largely unaltered, preserving its original workmanship. The property retains its feeling and association with its historic New Monterey Neighborhood.
875 Spencer Street

Mills Act Contract
A Mills Act Contract is an agreement between the City of Monterey and the property owner of a City-designated historic building. The property owner benefits from a reduction in property taxes and the City is assured that the historic building will be preserved. The City’s Contract requires that the historic building be maintained in good condition. The Contract includes the following Conditions of Approval:

1. An identification plaque shall be installed describing the building as an historic resource.

The plaque text, design, and materials shall be approved by the Planning Division prior to installation;

2. The building shall be made available for an annual tour; and,

Council Regular Meeting, 10/17/2023, Item No. 10., Item Page 4, Packet Page 114 On July 13, 2023, the Historic Preservation Commission (HPC) reviewed the historic zoning and Mills Act proposal. After discussion, the HPC voted to recommend that the Planning Commission recommend to the City Council approval of the historic zoning.

On September 26, 2023, the Planning Commission recommended to the City Council adoption of an ordinance rezoning the property at 875 Spencer Street from R-3-5 to R-3-5-H-2 as a City Historic Resource.

LH/mb
Attachments: 1. Ordinance with Exhibit A (Map)

2. Resolution Authorizing Mills Act Contract with Exhibit A (Legal Description) and Exhibit B (Maintenance Schedule)

3. Intensive Historic Survey
e: Michael D. Legan and Heidi J. Legan, Applicant/Property Owner Kent Seavey, Architectural Historian
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, 10/17/2023, Item No. 10., Item Page 5, Packet Page 115 ORDINANCE NO. ____ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19
REZONING THE PROPERTY AT 875 SPENCER STREET AS A CITY HISTORIC RESOURCE FROM R-3-5 TO R-3-5-H-2
THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:

SECTION 1:

WHEREAS, Michael D. Legan and Heidi J. Legan, owners of the residence at 875 Spencer Street, requested H-2 (City Historic Resource) overlay zoning (Exhibit A); WHEREAS, adoption of H-2 zoning requires the Historic Preservation Commission (HPC) to recommend to the Planning Commission (PC) to recommend to the City Council to adopt an ordinance rezoning the property;
WHEREAS, as required by Monterey City Code, an intensive historic survey (DPR 523B form) prepared by Qualified Architectural Historian Kent Seavey was submitted as part of the application;
WHEREAS, the subject property is significant under Criterion 3 (Design) as it embodies the distinctive characteristics of a type, period, or method of construction; or that represent the work of a master; or that possess high artistic values. The Henry Linares House is eligible under this criterion because it is a good, intact example of Art Moderne architecture by owner-builder Henry Linares. The Art Moderne Style evolved from Art Deco and what was called Streamline Moderne from the 1920s to 1940s. The property retains all seven aspects of its historic integrity, including retaining a strong sense of time and place, generally unaltered design, and its exterior materials are largely unaltered, preserving its original workmanship. The property retains its feeling and association with its historic New Monterey Neighborhood; WHEREAS, the HPC, at a property noticed public hearing on July 13, 2023, carefully considered all of the information presented to it, including the agenda report and information submitted at the public hearing by interested persons, and adopted a resolution recommending that the PC recommend that the City Council adopt an ordinance rezoning the property and Mills Act contract;
WHEREAS, the PC, at a properly noticed public hearing on September 26, 2023, carefully considered all of the information presented to it, including the agenda report and information submitted at the public hearing by interested persons, and adopted a resolution recommending that the City Council adopt an ordinance rezoning the property; WHEREAS, the City Council, at a properly noticed public hearing on October 3, 2023, carefully considered all of the information presented to it, including the agenda report and information submitted at the public hearing by interested persons; and, WHEREAS, the City of Monterey Planning Office determined the project is exempt from Council Regular Meeting, 10/17/2023, Item No. 10., Item Page 6, Packet Page 116 2 the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15305, Class 5) because the addition of H-2 overlay zoning to the property will not result in significant changes to land use limitations and will maintain a designated historic building consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Mills Act contracts require that all work performed subsequent to entering into a contract is consistent with those standards. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

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. The addition of H-2 overlay zoning would add an additional layer of protection to the resource. The project proposes maintenance of a building consistent with the Secretary of the Interior’s Standards. No cumulative impacts would occur.

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 exist at the site. The building is an existing structure and the surrounding environment is an established residential area. The addition of H-2 overlay zoning would add an additional layer of protection to the resource. The project proposes to maintain the structure consistent with the Secretary of the Interior’s Standards for Rehabilitation. Therefore, a significant effect would not occur.

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 proposes maintenance of a building consistent with the Secretary of the Interior’s Standards. The property is not located on or viewable from a state scenic highway. Therefore, impacts to scenic highways would not occur.

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. The project site is not listed pursuant to Government Code Section 65962.5.

The project would have no impact to hazardous waste sites.

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 building is eligible as a local historic resource and the addition of H-2 overlay zoning would add an additional layer of protection to the resource. The building maintenance would be consistent with the Secretary of the Interior’s Standards for Rehabilitation. The project would not cause an adverse change to the historic resource.

Council Regular Meeting, 10/17/2023, Item No. 10., Item Page 7, Packet Page 117 3 NOW THEREFORE, the Monterey City Council declares as follows:

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

SECTION 3: The property at 875 Spencer Street is hereby rezoned from R-3-5 to R-3-5- H-2, as shown in Exhibit A.

SECTION 4: All ordinances and parts of ordinances in conflict herewith are hereby repealed.

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

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this ___ day of ______ , 202__, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 10/17/2023, Item No. 10., Item Page 8, Packet Page 118

EXHIBIT A
875 Spencer Street
Subject property
Rezoning from R-3-5
to R-3-5-H-2
Council Regular Meeting, 10/17/2023, Item No. 10., Item Page 9, Packet Page 119 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19

AUTHORIZING A MILLS ACT CONTRACT FOR THE PROPERTY
AT 875 SPENCER STREET
WHEREAS, Michael D. Legan and Heidi J. Legan, owners of the residence at 875 Spencer Street, submitted the required application and information to enter into a Mills Act Contract with the City of Monterey, including a detailed legal description (Exhibit A) and maintenance schedule (Exhibit B) that covers the life of the contract; WHEREAS, a Mills Act Contract is an agreement between the City of Monterey and the property owner of a City-designated historic building;
WHEREAS, the property owner benefits from a reduction in property taxes and the City is ensured that the historic building will be preserved; WHEREAS, granting the contract will serve to offset the costs of maintaining the resource;
WHEREAS, the City could expect to receive reduced tax revenue as a result of the Mills Act Contract in the amount of approximately $449.00-$673.00 annually; WHEREAS, the City Council finds that the property meets the eligibility requirements for the Mills Act Program in that it meets the eligibility requirements for H-2 overlay zoning and the property owner has applied to rezone the property, and granting the contract will serve to offset the costs of maintaining the resource;
WHEREAS, the authorization of the Mills Act contract will be in effect 30 days after City Council approval of the rezone;
WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15305, Class 5) because the addition of H-2 overlay zoning to the property will not result in significant changes to land use limitations and will maintain a designated historic building consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Mills Act contracts require that all work performed subsequent to entering into a contract is consistent with those standards. 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 an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The addition of H-2 overlay zoning would not impact a resource of critical concern. The project proposes maintenance of a historic Council Regular Meeting, 10/17/2023, Item No. 10., Item Page 10, Packet Page 120 2 building consistent with the Secretary of the Interior’s Standards. The project would have a positive impact in that a historic resource would be maintained. The environment is not particularly sensitive (existing building and landscaped areas).

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. The addition of H-2 overlay zoning would add an additional layer of protection to the resource. The project proposes maintenance of a building consistent with the Secretary of the Interior’s Standards. No cumulative impacts would occur.

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 exist at the site. The building is an existing structure and the surrounding environment is an established residential area. The addition of H-2 overlay zoning would add an additional layer of protection to the resource. The project proposes to maintain the structure consistent with the Secretary of the Interior’s Standards for Rehabilitation. Therefore, a significant effect would not occur.

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 proposes maintenance of a building consistent with the Secretary of the Interior’s Standards. The property is not located on or viewable from a state scenic highway. Therefore, impacts to scenic highways would not occur.

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. The project site is not listed pursuant to Government Code Section 65962.5. The project would have no impact to hazardous waste sites.

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 building is eligible as a local historic resource and the addition of H-2 overlay zoning would add an additional layer of protection to the resource. The building maintenance would be consistent with the Secretary of the Interior’s Standards for Rehabilitation. The project would not cause an adverse change to the historic resource; and,

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby authorizes a Mills Act contract for the property at 875 Spencer Street, with Exhibit A (Legal Description) and Exhibit B (Maintenance Schedule) attached hereto.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this ___ day of _________, 202__, by the following vote:

Council Regular Meeting, 10/17/2023, Item No. 10., Item Page 11, Packet Page 121 3 AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 10/17/2023, Item No. 10., Item Page 12, Packet Page 122

EXHIBIT A

LEGAL DESCRIPTION
875 Spencer Street
Council Regular Meeting, 10/17/2023, Item No. 10., Item Page 13, Packet Page 123

EXHIBIT B
Council Regular Meeting, 10/17/2023, Item No. 10., Item Page 14, Packet Page 124 ATTACHMENT 3
Council Regular Meeting, 10/17/2023, Item No. 10., Item Page 15, Packet Page 125 ATTACHMENT 3
Council Regular Meeting, 10/17/2023, Item No. 10., Item Page 16, Packet Page 126 ATTACHMENT 3
Council Regular Meeting, 10/17/2023, Item No. 10., Item Page 17, Packet Page 127 Council
Agenda Report
№08/22
FROM: Andrea Renny, P.E., PTOE, Public Works Director
Prepared By: Thomas Harty, P.E., QSD, Senior Engineer
Reginald Paulding, P.E., Senior Engineer
SUBJECT: Adopt and Approve Funding for the Fiscal Year 2023/24 Neighborhood and Community Improvement Program ***NCIP*** (Exempt from CEQA per Article 19, Sections 15301, 15303, 15306, Classes 1, 3, and 6, and Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt the attached resolution approving the proposed Neighborhood and Community Improvement Program (NCIP) project list and budget for Fiscal Year 2023/24.

VALUE DRIVERS:

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

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

POLICY IMPLICATIONS:

The determination of the projects, priorities and expenditures shall be within the sound discretion of the City Council. (City Charter section 6.6(e).) The recommended action is consistent with Council policy to approve all budget recommendations and with established policy and procedures for adopting the annual NCIP project list and budget (NCIP Policies and Procedure Manual, September 7, 2021).

On June 1, 2023, the NCIP Committee voted on proposed projects for the Fiscal Year 2023/24 Neighborhood and Community Improvement Program. On August 10, 2023, the NCIP Committee met to review the NCIP Fiscal Year 2023/24 voting ranked project list and recommend projects to the City Council for approval of funding. On August 22, 2023, the Planning Commission confirmed the proposed projects to be consistent with the General Plan, Date: 10/17/2023
Item No.: 11.

Council Regular Meeting, 10/17/2023, Item No. 11., Item Page 1, Packet Page 128 Specific Plans, Area Plans, Master Plans, Coastal Plans, Traffic Calming Plans, and the Move Monterey Multimodal Plan. On September 13, 2023, the Parks and Recreation Commission found the proposed Parks and Recreation-related projects to be consistent with the Parks and Recreation Master Plan.

FISCAL IMPLICATIONS:

The Neighborhood and Community Improvement Program will receive $5,771,110 of Transient Occupancy Tax (TOT) revenue for the FY 2023/24 program cycle. Including interest, ending balance account and deducting City overhead costs, funding available for projects in FY 23/24 is $7,665,560. Budget adjustments to the available amount for appropriation are detailed in the table below.

TOT Revenue received, FY 22/23 $ 5,771,110
Interest Earned $ 91,820
NCIP Ending Balance (31nunap) $ 2,186,374
NCIP Program Overhead $ (383,744)
Total Funds Available $ 7,665,560
Staff recommends appropriating $1,630,814 from NCIP Ending Balance (31nunap) for the FY 2023/24 program cycle. The available Ending Balance (31nunap) funding, in the amount of $555,560, may be appropriated in the future as funding for ‘cut-off’ projects per NCIP Policy and Procedures.

Additionally, the NCIP Committee recommends an allocation of $600,000 from this year’s program budget into the NCIP Contingency Account (31ncont) to bring the Contingency Account balance from a current balance of $354,900 to $954,900.

The recommended appropriation of funding is as follows:

Recommended Project Total FY23/24 $ 6,510,000
NCIP Contingency Account (31ncont) $ 600,000
Total Program Appropriations $ 7,110,000
ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 10/17/2023, Item No. 11., Item Page 2, Packet Page 129 These exempt projects include:

Exempt Projects: CEQA Exemption
(Article, Section, Class):

Tide Ave 2023 Boardwalk Repair (DMB) (DMB-09) 19, 15301, 1 Pinehill Way/Mar Vista Dr Greenbelt Path Renovation (SK-03) 19, 15301, 1 Ryan Ranch Park - 8-Court Pickleball Facility (RR-02) 19, 15306, 6 Mark Thomas Dr - Separated Bike/Ped Path Design, N. Fremont - Mark Thomas - Sloat - Rec Trail (AO - COK - DF - OG)
(MN01/COK-04)
19, 15306, 6
Casanova Oak Knoll Park Improvements (COK-03) 19, 15303, 3 Ferrante Park Playground Improvements (VDM-05) 19, 15303, 3 Via Isola/Josselyn Canyon Rd - Entry Walls Rehabilitation (FF-03) 19, 15301, 1 Cedar St Path Renovation (OT-05) 19, 15301, 1
San Bernabe Dr - Road Design (MV-05) 19, 15306, 6
Spray Ave Tot Lot Resurfacing (DMB-03) 19, 15301, 1
Fairground Rd/Airport Rd Lighting (COK-01) 19, 15303, 3 Veterans Park Bocce Ball Court Surface (SK-08) 19, 15301, 1 Del Robles Ave - Solar Streetlights Installation (VDM-06) 19, 15303, 3 Wyndemere Lower Canyon Drainage Design ( MV - SK) (MN16/SK-01)19, 15306, 6 Recreation Trail Water Bottle Refill Stations with Dog Bowl (DMBDT - NM - OG) (MN-11/NM-15)19, 15301, 1 Bruce Ariss Way - Lighting Upgrade (NM-11) 19, 15301, 1 Cannery Row - Aeneas Bridge Restoration (NM-16) 19, 15301, 1 Tide Ave Boardwalk Replacement (DMB-05) 19, 15301, 1
Monterey Sports Center - Bike Rack Upgrade (DT-18) 19, 15301, 1 Surf Way and Roberts Ave Fencing Replacement (DMB-06) 19, 15303, 1 Via Gayuba at Walter Colton Dr - All-Way Stop Control Installation (MV-10)
19, 15303, 3
Lower Presidio - Sloat Monument Restoration (NM-02) 19, 15301, 1 Recreation Trail Permeable Pavers (DT - NM) (MN-09/NM-09) 19, 15301, 1 Veterans Park Basketball Court Expansion (SK-06) 19, 15303, 3 John St / Ramona Ave Highway Screening (DMG - VDM)
(MN18/VDM-04)
19, 15303, 3
Old Salinas Highway Pedestrian Signage and Lighting (DF-01) 19, 15301, 1 Recreation Trail - Use Study (DMB - DT - NM - OG) (MN-12/NM21)19, 15306, 6 Furthermore, the exempt projects do 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 have 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. Exemption a – Council Regular Meeting, 10/17/2023, Item No. 11., Item Page 3, Packet Page 130 Location – does not apply to projects which are exempt under Class 1 or 31. The projects which are exempt under Class 6 would have no effect on the environment because they consist of studies and information-gathering only. Projects found to be exempt under Class 3 are not located within sensitive environments.

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. None of these projects would be located on hazardous waste sites listed pursuant to Section 65962.5 of the Government Code.

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. None of the projects exempt under CEQA would involve historic properties; therefore, there would be no impacts to historic resources. Those projects exempt under Class 6 would have no effect on historic resources because they consist of studies and information-gathering only. Some of the projects which are exempt under Class 1 are in a sensitive archeological area as shown in the General Plan EIR (Figure 8, Archeological Sensitivity Map); however, these projects would require negligible expansion of paved surfaces and minimal excavation of previously disturbed ground; no improvements in native soil. The projects which are exempt under Class 3, new construction, are not located within a sensitive archeological area as shown in the General Plan EIR (Figure 8, Archeological Sensitivity Map). Therefore, projects which are exempt under Class 1 and 3 would not affect historic or archaeological resources. In the case of an inadvertent archaeological discovery at any of the project sites, the City’s typical archaeological procedures shall be followed, making impacts to archaeological resources less than significant.

Council Regular Meeting, 10/17/2023, Item No. 11., Item Page 4, Packet Page 131 Further Review Required:

Deer Forest Drive and Elk Run Utility Box Relocation (DF-02) Oak St, 500 Block - Street Widening Design and Phase 1 Construction (NM-13) Monterey Bay Park Shower Station (DT-09)
Casa Verde - Helvic - Portola Neighborhood Monument Installation (VDM-07) Casanova Ave, 500 Block - Streetlight Installation (DMG-04) Virgin Ave Decomposed Granite (DG) Path Widening (DMG-05) Deer Flats Park - Fencing and Benches Reconfiguration (DF-03) Monterey Bay Park - Dune Restoration, Fence and Sign Repair (DT - OG) (MN-04/DT-10) Don Dahvee Creek Path Construction and Improvements- Phase 2 (AM-01) Monterey Vista - Conduit Installation Pilot Project (MV-08) Old Town Neighborhood Signs (OT-03)
Via Paraiso Park Basketball Court Upgrade (MV-07)
Via Del Rey/Herrmann Streetlight Installation (MV-02)
Spray Ave Tot Lot Shade Structure (DMB-01)
Beach Way Boardwalk Extension (DMB-07) Veterans Park Bike Path, Segment 4 (SK-05) El Estero Park Center - Play Equipment Upgrade (DT-12) Recreation Trail Bike Repair Stations (2) (DMB - DT - NM - OG) (MN-10/NM-14) Via Paraiso Park - Playground Equipment Upgrade (MV11) Taylor St, 600 Block - Installation of Stabilized Decomposed Granite Walkway (NM-12) Herrmann Dr/El Caminito Pedestrian Crosswalk with RRFBs (MV-13) Shoreline Park - Fish Hopper Restoration and Historical Signage (NM-08)
Final IS-MND
2023 Community-wide Forest Management (AM-COK-DF-FF-GW-MV-NM-OT-SK) (MN06/MV09) [Greenbelt Fuel Reduction Final IS-MND adopted by the Planning Commission on October 25, 2022 (Resolution No. P22-024)]
ALTERNATIVES CONSIDERED:

The City Council has several alternative options to consider for this item:

1. Council may re-prioritize the list of proposed projects;

2. Council may choose not to fund specific project(s) from the prioritized list of projects;

3. Council may choose to allocate a different contingency amount than recommended by staff;

4. Council may request project re-scoping (greater or lesser) and refer this item back to the NCIP Committee for possible revisions to the recommended NCIP program;

5. Council may determine that there are insufficient funds available to provide for the ordinary and necessary services in any budget year, Council may, by an affirmative vote of four (4) members of the City Council, reduce the amount to be appropriated.

DISCUSSION:
2023/24 NCIP Process
On June 1, 2023, the NCIP Committee voted on recommended NCIP projects for FY 2023/24.

Voting night is the culmination of the annual NCIP program cycle, resulting in a prioritization of the projects that have been nominated. All 93 projects nominated were voted on individually and received from 0 to 10 points from each Neighborhood Representative. Following the vote, the projects were ranked in order of the total number of points received.

Council Regular Meeting, 10/17/2023, Item No. 11., Item Page 5, Packet Page 132 In the weeks following ranking, staff reviewed the estimated costs for the highest-ranked projects. Cost estimates were revised as necessary, and then subtracted from the funding available to determine how many projects could be funded in FY 2023/24. Projects were recommended for approval until the program funding had been exhausted. The final NCIP recommended project list with estimated costs is attached as Exhibit A-1. Exhibit A-2 includes the prioritized project list with a description of each project, the number of votes it received, and estimated project costs.

Following the NCIP Committee prioritization, the proposed projects were reviewed for consistency by the Planning Commission (PC) and the Parks and Recreation Commission (PRC).

On August 22, 2023, the PC reviewed the recommended NCIP projects and determined the proposed projects to be consistent with the General Plan, Area/Specific Plans, Master Plans, Traffic Calming Plans, and the Move Monterey Multimodal Plan.

On September 13, the PRC reviewed the Parks-related projects and determined that the proposed projects that fall under PRC purview are in compliance with the current Parks and Recreation Master Plan.

On August 10, 2023, the NCIP Committee met to review the project list and to make a recommendation of projects for Council. Staff recommends that the Council allocate $600,000 to the NCIP Contingency account (31ncont) and that the Council approve the 44 highest-ranked projects that funding allows plus four (4) additional cut-off projects. As shown previously, there is sufficient funding available to fund the 44 proposed projects. The four cut-off projects may be undertaken later in the year if funding allows. As projects are completed, remaining fund balances are deposited into the NCIP Ending Balance account (31nunap), which can be used to fund cut-off projects.

Projects recommended for approval by the NCIP Committee are based on an understanding of the project that was nominated – conceptual and preliminary designs will be prepared after project approval and funding have been received. Most projects will require additional work and coordination with various stakeholders (Parks and Recreation Committee, Architectural Review Committee, etc.) to determine feasibility. As the project scope becomes more focused, better estimates of costs for design, environmental studies and permitting, construction, inspection, and testing will allow more detailed estimates of probable costs to be made.

At the August 10, 2023 NCIP meeting, the Committee extensively discussed the Mark Thomas Drive Separated Bike/Pedestrian Path Design, the third-highest ranked project. After project voting, staff revised the project cost estimate from $150,000 to $700,000 based on input from one of the City’s on-call civil engineering consultants on the cost to complete a “shovel-ready” design project based on the project description submitted. Due to the project’s involvement with Caltrans right-of-way, existing structures, and other potential challenges, the estimate for the project increased. A “shovel-ready” project is more likely to score higher for competitive grant funding.

Should the Council decide to eliminate one or more of the projects on the recommended projects list, funding from those projects would become available for the cutoff projects and Council Regular Meeting, 10/17/2023, Item No. 11., Item Page 6, Packet Page 133 other projects lower on the priority list. Completed projects will be closed, with any unused funding transferred into the NCIP Ending Balance account, which will then be available for allocation to other projects after a separate Council approval.

Recommended Projects
The NCIP Committee recommends 44 projects plus four cut-off projects for the FY 2023/24 program cycle. The estimated total cost of the recommended projects is $6,510,000. The estimated total cost of the four cutoff projects is $525,000. An allocation of $600,000 into the NCIP Contingency account (31ncont) will bring the total Contingency Account balance to $954,900.

There are 19 recommended parks and recreation-related projects at an estimated value of $2,585,000 that address park improvements and greenbelt maintenance, including Tide Avenue 2023 Boardwalk Repair (DMB-09), Ryan Ranch Park – 8-Court Pickleball Facility Design (RR02), Casanova Oak-Knoll Park Improvements (COK-03), Ferrante Park Playground Improvements (VDM-05), 2023 Community-wide Forest Management (MN-06), Monterey Bay Park Shower Station (DT-09), Spray Avenue Tot Lot Resurfacing (DMB-03), Monterey Bay Park Dune Restoration, Fence and Sign Repair (MN-04), Veterans Park Bocce Ball Court Surface (SK-08), Recreation Trail Water Bottle Refill Stations with Dog Bowl (MN-11), Via Paraiso Park Basketball Court Upgrade (MV-07), Spray Avenue Tot Lot Shade Structure (DMB-01), Beach Way Boardwalk Extension (DMB-07), Tide Avenue Boardwalk Replacement (DMB-05), Monterey Sports Center Bike Rack Upgrade (DT-18), Recreation Trail Permeable Pavers (MN09), and Veterans Park Basketball Court Expansion (SK-06).

There were seven (7) of 12 parks and recreation-related projects that the Parks and Recreation Commission had identified as high-priority projects at their meeting on April 12, 2023, that did not make the NCIP Committee recommendation for FY 2023/24 projects. These seven projects had an estimated cost of $3,195,000 and focused on park and recreation facility upgrades and improvements. The following is a list of projects there were not recommended by the NCIP for funding: El Estero Park Center - Facility Improvements (Facelift) (DT-11), Hilltop Park Center - Facility Improvements and Facelift (NM-19), Sollecito Ballpark Lighting Improvements (DT-16), El Estero Park BBQ Area Shade Structure (DT-14), Jacks Park Infield Artificial Turf Installation (DT-15), Scholze Park - Exterior Re-Design (NM-20), and El Estero Park Center - Par Course Improvements (DT-13).

Three of the four cut-off projects are park improvement projects at an estimated value of $440,000, including El Estero Park Center Play Equipment Upgrade (DT-12), Recreation Trail Bike Repair Stations (2) (MN-10), and Recreation Trail Use Study (MN-12).

The 44 recommended projects and four cutoff projects represent a wide array of community needs, including projects that directly address the concerns of the citizens of Monterey, including greenbelt forest management and intersection improvements.

Project Impacts to Ongoing Operation and Maintenance Costs Certain NCIP-recommended projects have ongoing annual operation and maintenance (O&M) costs. While NCIP projects bring value to the neighborhoods and communities they serve, after the initial NCIP funding for construction, the City is responsible for funding of O&M costs out of Council Regular Meeting, 10/17/2023, Item No. 11., Item Page 7, Packet Page 134 the General Fund. Based on three general categories of infrastructure improvements, facilities and other improvements, and equipment with an estimated useful lifespan of 1, 5, 10, 20, 25, or 30 years, the estimated O&M costs for NCIP-recommended FY 2023/24 projects across their useful lifespan is $235,000/year. This does not include the O&M costs for projects funded prior to this program cycle. Staff estimates the total costs of O&M for NCIP completed projects exceeds $2 Million/year. The following projects provide examples of ongoing annual O&M costs including utility costs:

DT-09: Monterey Bay Park Shower Station will require additional routine maintenance and custodial costs at the public restroom at the foot of the Commercial Wharf and increase the cost of utilities (water).

DMG-04, COK-01, VDM-06, NM-11, MV-02: adding new streetlights and pedestrian lighting will increase the cost for street maintenance and utilities (electricity).

MN-11: Installation of water bottle refill stations along the Rec Trail will impact the cost of maintenance of the facilities and utilities (water).

DMB-09/DMB-07: Repair and Installation of Del Monte Beach Boardwalk requires annual repair and O&M costs for upkeep. In particular, the boardwalk extension down to the hard sand at Del Monte Beach will at some point require reconstruction – this section of boardwalk has been replaced at least twice.

RR-02: The current project is design only. Once constructed and operational, the pickleball courts would require additional staff time for routine cleaning, garbage pick-up, and repair of worn or damaged nets, and periodic resurfacing and striping for example. Depending on whether restrooms or lights are included in the final design that would also include additional costs for utilities (water and electricity). Staff’s rough order of magnitude estimate is $50,000/year for O&M.

Current Status of NCIP Program
There are currently 35 active NCIP projects with a budget of $5,617,157. With the new FY 2023/24 projects, 44 recommended projects and four (4) cutoff projects, the total NCIP project workload will increase to 83 projects with a budget of approximately $13 Million.

While there are many employees across the City that assist in implementing the NCIP Program, there is currently one full-time equivalent staff engineer dedicated to design and construction of NCIP projects. In order to implement the program successfully and complete projects in a timely manner, approximately seven full time equivalents (FTE) would need to be assigned to the NCIP program at this time. This staffing would equate to completing approximately one (1) NCIP-project per month.

While the City is progressing in its efforts to hire additional engineers, there are challenges with the current market and competition for engineers. The Engineering Division still has eight vacancies in addition to a new vacancy in the position of Construction Projects Manager which was a key position in delivering NCIP projects through construction. The Engineering Division is currently focused on delivering Measure P/S projects as well as critical infrastructure repairs.

City staff has issued a Request for Proposals from qualified Civil Engineering firms in order to Council Regular Meeting, 10/17/2023, Item No. 11., Item Page 8, Packet Page 135 augment our project delivery capacity. It is important to note that consulting firms are also struggling with staffing and deliverables.

Recommendation
Staff recommends that the City Council adopt the attached resolution approving the proposed Neighborhood and Community Improvement Program (NCIP) project list and budget for Fiscal Year 2023/24, as shown in Exhibit A-1.

AR/th/rp
Attachments: 1. Resolution

2. Exhibit A-1 – Neighborhood and Community Improvement Program (NCIP) Recommended Project List - FY 2024

3. Exhibit A-2 – FY 2023-24 Neighborhood and Community Improvement Program Project Cost Estimates and Program Funding
e: Rick Heuer, NCIP Chair/Spokesperson
Jean Rasch, NCIP Alternate Chair/Alternate Spokesperson NCIP Committee Hans Uslar, City Manager
Rafaela King, Finance Director
Andrea Renny, Public Works Director
Karen Larson, Parks and Recreation Director
Louie Marcuzzo, Park Operations Manager
Shannon Leon, Recreation Manager
Kimberely Cole, Community Development Director
Levi Hill, Planning Manager
Christy Sabdo, Associate Planner
Kyle Olsen, Finance Analyst
Wendy Davies, Finance Manager
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 10/17/2023, Item No. 11., Item Page 9, Packet Page 136 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
ADOPTING AND APPROVING FUNDING FOR THE FISCAL YEAR 2023/24 NEIGHBORHOOD AND COMMUNITY IMPROVEMENT PROGRAM ***NCIP*** WHEREAS, on the 1st day of June 2023, the Neighborhood and Community Improvement Program (NCIP) Committee voted to recommend ranked projects for funding; WHEREAS, on the 22nd day of August 2023, the Planning Commission reviewed the recommended NCIP projects and confirmed that the proposed projects to be consistent with the General Plan, Specific Plans, Area Plans, Master Plans, Coastal Plans, Traffic Calming Plans, and the Move Monterey Multimodal Plan;
WHEREAS, on 13th day of September 2023, the Parks and Recreation Commission reviewed the proposed projects and determined the Parks and Recreation-related projects to be consistent with the Parks and Recreation Master Plan;
WHEREAS, the current balance of the NCIP Unappropriated Funds (End Balance) Account (31nunap) is $2,186,374;
WHEREAS, the Neighborhood and Community Improvement Program will receive $5,771,110 in Transient Occupancy Tax (TOT) collected in FY 2022/23, $91,820 in interest income, less NCIP Program Overhead of $383,744 for a total funding level for FY 2023/24 of $7,665,560. Sufficient funding is available for these actions; WHEREAS, the prioritized project list with a description of each project, the number of votes it received, and estimated project costs is detailed in Exhibit A-2; and, WHEREAS, the City of Monterey Planning Office determined that the following actions are exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Sections 15301, 15303, 15306, and, Classes 1, 3, and 6) because the proposed actions involve the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, mechanical equipment or topographical features involving negligible or no expansion of a use beyond that existing at the time of the lead agency’s determination; the construction and location of limited numbers of new, small facilities or structures; or basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource (these may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded).

These exempt projects include:

Exempt Projects: CEQA Exemption
(Article, Section, Class):

Tide Ave 2023 Boardwalk Repair (DMB) (DMB-09) 19, 15301, 1 Pinehill Way/Mar Vista Dr Greenbelt Path Renovation (SK-03) 19, 15301, 1 Ryan Ranch Park - 8-Court Pickleball Facility (RR-02) 19, 15306, 6 Council Regular Meeting, 10/17/2023, Item No. 11., Item Page 10, Packet Page 137 2 Mark Thomas Dr - Separated Bike/Ped Path Design, N. Fremont - Mark Thomas - Sloat - Rec Trail (AO - COK - DF - OG) (MN01/COK-04) 19, 15306, 6
Casanova Oak Knoll Park Improvements (COK-03) 19, 15303, 3 Ferrante Park Playground Improvements (VDM-05) 19, 15303, 3 Via Isola/Josselyn Canyon Rd - Entry Walls Rehabilitation (FF-03) 19, 15301, 1 Cedar St Path Renovation (OT-05) 19, 15301, 1
San Bernabe Dr - Road Design (MV-05) 19, 15306, 6
Spray Ave Tot Lot Resurfacing (DMB-03) 19, 15301, 1
Fairground Rd/Airport Rd Lighting (COK-01) 19, 15303, 3 Veterans Park Bocce Ball Court Surface (SK-08) 19, 15301, 1 Del Robles Ave - Solar Streetlights Installation (VDM-06) 19, 15303, 3 Wyndemere Lower Canyon Drainage Design ( MV - SK) (MN16/SK-01)19, 15306, 6 Recreation Trail Water Bottle Refill Stations with Dog Bowl (DMB - DT - NM - OG) (MN-11/NM-15)
19, 15301, 1
Bruce Ariss Way - Lighting Upgrade (NM-11) 19, 15301, 1 Cannery Row - Aeneas Bridge Restoration (NM-16) 19, 15301, 1 Tide Ave Boardwalk Replacement (DMB-05) 19, 15301, 1
Monterey Sports Center - Bike Rack Upgrade (DT-18) 19, 15301, 1 Surf Way and Roberts Ave Fencing Replacement (DMB-06) 19, 15303, 1 Via Gayuba at Walter Colton Dr - All-Way Stop Control Installation (MV-10)
19, 15303, 3
Lower Presidio - Sloat Monument Restoration (NM-02) 19, 15301, 1 Recreation Trail Permeable Pavers (DT - NM) (MN-09/NM-09) 19, 15301, 1 Veterans Park Basketball Court Expansion (SK-06) 19, 15303, 3 John St / Ramona Ave Highway Screening (DMG - VDM) (MN18/VDM-04)19, 15303, 3 Old Salinas Highway Pedestrian Signage and Lighting (DF-01) 19, 15301, 1 Recreation Trail - Use Study (DMB - DT - NM - OG) (MN-12/NM21)19, 15306, 6 Furthermore, the exempt projects do not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Council Regular Meeting, 10/17/2023, Item No. 11., Item Page 11, Packet Page 138 3 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 to be found at the project sites. The projects would not have a significant effect due to their limited scope and distinct locations.

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. None of these projects would be located on hazardous waste sites listed pursuant to Section 65962.5 of the Government Code.

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. None of the projects exempt under CEQA would involve historic properties; therefore, there would be no impacts to historic resources. Those projects exempt under Class 6 would have no effect on historic resources because they consist of studies and information-gathering only. Some of the projects which are exempt under Class 1 are in a sensitive archeological area as shown in the General Plan EIR (Figure 8, Archeological Sensitivity Map); however, these projects would require negligible expansion of paved surfaces and minimal excavation of previously disturbed ground; no improvements in native soil. The projects which are exempt under Class 3, new construction, are not located within a sensitive archeological area as shown in the General Plan EIR (Figure 8, Archeological Sensitivity Map). Therefore, projects which are exempt under Class 1 and 3 would not affect historic or archaeological resources. In the case of an inadvertent archaeological discovery at any of the project sites, the City’s typical archaeological procedures shall be followed, making impacts to archaeological resources less than significant.

Further Review Required:

Deer Forest Drive and Elk Run Utility Box Relocation (DF-02) Oak St, 500 Block - Street Widening Design and Phase 1 Construction (NM-13) Monterey Bay Park Shower Station (DT-09)
Casa Verde - Helvic - Portola Neighborhood Monument Installation (VDM-07) Casanova Ave, 500 Block - Streetlight Installation (DMG-04) Virgin Ave Decomposed Granite (DG) Path Widening (DMG-05) Deer Flats Park - Fencing and Benches Reconfiguration (DF-03) Monterey Bay Park - Dune Restoration, Fence and Sign Repair (DT - OG) (MN-04/DT-10) Don Dahvee Creek Path Construction and Improvements- Phase 2 (AM-01) Monterey Vista - Conduit Installation Pilot Project (MV-08) Old Town Neighborhood Signs (OT-03)
Council Regular Meeting, 10/17/2023, Item No. 11., Item Page 12, Packet Page 139 4 Via Paraiso Park Basketball Court Upgrade (MV-07)
Via Del Rey/Herrmann Streetlight Installation (MV-02)
Spray Ave Tot Lot Shade Structure (DMB-01)
Beach Way Boardwalk Extension (DMB-07)
Veterans Park Bike Path, Segment 4 (SK-05)
El Estero Park Center - Play Equipment Upgrade (DT-12)
Recreation Trail Bike Repair Stations (2) (DMB - DT - NM - OG) (MN-10/NM-14) Via Paraiso Park - Playground Equipment Upgrade (MV-11) Taylor St, 600 Block - Installation of Stabilized Decomposed Granite Walkway (NM-12) Herrmann Dr/El Caminito Pedestrian Crosswalk with RRFBs (MV-13) Shoreline Park - Fish Hopper Restoration and Historical Signage (NM-08) Final IS-MND
2023 Community-wide Forest Management (AM-COK-DF-FF-GW-MV-NM-OT-SK) (MN-06/MV09) [Greenbelt Fuel Reduction Final IS-MND adopted by the Planning Commission on October 25, 2022 (Resolution No. P22-024)].

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

1. Authorizes an appropriation of $6,510,000 to NCIP FY 2023/24 projects as shown in Exhibit A-1; and,

2. Authorizes an appropriation of $600,000 to the NCIP Contingency Account (31ncont) for a total account balance of $954,900.

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, 10/17/2023, Item No. 11., Item Page 13, Packet Page 140

NEIGHBORHOOD AND COMMUNITY IMPROVEMENT PROGRAM (NCIP)
RECOMMENDED PROJECT LIST - FY 2024
RANK
VOTE
TOTAL

PROJECT
NO. PROJECT TITLE

PROPSOED

PROJECT BUDGET
1 123 DMB-09 Tide Ave 2023 Boardwalk Repair $ 50,000.00 2 121 SK-03 Pinehill Way/Mar Vista Dr Greenbelt Path Renovation $ 75,000.00 3 (3a) 120 RR-02 Ryan Ranch Park 8-Court Pickleball Facility (Design Only) $ 100,000.00 4 (3b) 120 MN-01
(COK-04)
Mark Thomas Dr - Separated Bike/Ped Path Design, N.

Fremont - Mark Thomas - Sloat - Rec Trail (Design Only) $ 700,000.00 5 (5a) 114 COK-03 Casanova Oak Knoll Park Improvements $ 125,000.00 6 (5b) 114 VDM-05 Ferrante Park Playground Improvements $ 20,000.00 7 (7a) 113 DF-02 Deer Forest Drive and Elk Run Utility Box Relocation $ 65,000.00 8 (7b) 113 FF-03 Via Isola/Josselyn Canyon Rd - Entry Walls Rehabilitation $ 30,000.00 9 (7c) 113 MN-06
(MV-09) Community-Wide Forest Management $ 750,000.00
10 111 NM-13 Oak St, 500 Block - Street Widening Design and Phase 1 Construction $ 450,000.00
11 109 DT-09 Monterey Bay Park Shower Station $ 30,000.00 12 (12a) 107 OT-05 Cedar St Path Renovation $ 80,000.00 13 (12b) 107 VDM-07 Casa Verde - Helvic - Portola Neighborhood Monument Installation $ 50,000.00
14 105 DMG-04 Casanova Ave, 500 Block - Streetlight Installation $ 30,000.00 15 104 DMG-05 Virgin Ave Decomposed Granite (DG) Path Widening $ 50,000.00 16 103 MV-05 San Bernabe Dr - Road Design $ 50,000.00
17 102 DMB-03 Spray Ave Tot Lot Resurfacing $ 75,000.00 18 (18a) 101 DF-03 Deer Flats Park - Fencing and Benches Reconfiguration $ 30,000.00 19 (18b) 101 MN-04
(DT-10) Monterey Bay Park - Dune Restoration, Fence and Sign Repair $ 35,000.00 20 100 COK-01 Fairground Rd/Airport Rd Lighting $ 150,000.00 21 (21a) 99 AM-01 Don Dahvee Creek Path Construction and Improvements - Phase 2 $ 250,000.00
22 (21b) 99 MV-08 Monterey Vista - Conduit Installation Pilot Project $ 250,000.00 23 93 OT-03 Old Town Neighborhood Signs $ 25,000.00
24 90 SK-08 Veterans Park Bocce Ball Court Surface $ 10,000.00 25 (25a) 82 VDM-06 Del Robles Ave - Solar Streetlights Installation $ 150,000.00 26 (25b) 82 MN-16
(SK-01) Wyndemere Lower Canyon Drainage Design $ 150,000.00 27 81 NM-12 Taylor St, 600 Block - Installation of Stabilized Decomposed Granite Walkway $ 125,000.00
28 80
MN-11
(NM-15) Recreation Trail Water Bottle Refill Stations with Dog Bowl $ 30,000.00 29 79 MV-07 Via Paraiso Park Basketball Court Upgrade $ 250,000.00 30 (30a) 78 NM-11 Bruce Ariss Way - Lighting Upgrade $ 35,000.00 31 (30b) 78 NM-16 Cannery Row - Aeneas Bridge Restoration $ 430,000.00 32 75 MV-02 Via Del Rey/Herrmann Streetlight Installation $ 30,000.00 33 (33a) 73 DMB-01 Spray Ave Tot Lot Shade Structure $ 60,000.00 34 (33b) 73 DMB-07 Beach Way Boardwalk Extension $ 125,000.00 35 72 SK-05 Veterans Park Bike Path, Segment 4 $ 330,000.00 36 71 DMB-05 Tide Ave Boardwalk Replacement $ 125,000.00 37 69 DT-18 Monterey Sports Center - Bike Rack Upgrade $ 20,000.00 38 67 DMB-06 Surf Way and Roberts Ave Fencing Replacement $ 225,000.00 39 66 MV-10 Via Gayuba at Walter Colton Dr - All-Way Stop Control Installation $ 75,000.00
40 (40a) 63 NM-02 Lower Presidio - Sloat Monument Restoration $ 150,000.00 41 (40b) 63 MN-09
(NM-09) Recreation Trail Permeable Pavers $ 300,000.00
42 (42a) 62 SK-06 Veterans Park Basketball Court Expansion $ 200,000.00 43 (42b) 62 MN-18
(VDM-04) John St/Ramona Ave Highway Screening
$ 145,000.00
44 61 NM-08 Shoreline Park - Fish Hopper Restoration and Historical Signage $ 60,000.00
$ 6,495,000.00
45 (45a) 60 DF-01 Old Salinas Highway Pedestrian Signage and Lighting $ 85,000.00 46 (45b) 60 DT-12 El Estero Park Center Play Equipment Upgrade $ 210,000.00 47 (47a) 59 MN-10 Recreation Trail Bike Repair Stations (2) $ 30,000.00 48 (47b) 59 MN-12 Recreation Trail Use Study $ 200,000.00

RECOMMEDED CUT-OFF PROJECTS
EXHIBIT A-1
Council Regular Meeting, 10/17/2023, Item No. 11., Item Page 14, Packet Page 141 FY 2023-24 Neighborhood and Community Improvement Program Project Cost Estimates and Program Funding
Project Rank
(2023)
Project Votes
received (2023)
Project
No.

Year Submitted
Project Title Project Description (short) Estimated
Project Cost
Running Total
of Estimated
Project Costs
Total Program
Funding
Available
$ 6,779,721
1 123 DMB-09 2023 DMB - Tide Ave 2023
Boardwalk Repair
Repair existing portions of the wooden boardwalk that are damaged and/or uneven. This request covers the walking paths, stairs, sand barriers, railings and other components, as needed.
$ 50,000 $ 50,000 $ 6,729,721
2 121 SK-03 2018
SK - Pinehill Way/Mar Vista
Dr Greenbelt Path
Renovation
Replace the damaged concrete path that has broken and lifted in many places. Suggest stabilized DG or asphalt to replace inflexible concrete as path material.
$ 75,000 $ 125,000 $ 6,654,721
3a 120 RR-02 2023
RR - Ryan Ranch Park - 8-
Court Pickleball Facility
Design
Design an 8-court pickleball complex at Monterey's Ryan Ranch Park or other suitable site. Site should include regulation courts, shaded viewing, sitting and stretching areas, parking for 80 vehicles, restrooms, drinking fountain, and an equipment storage shed. Site should support future expansion as player demand grows.
$ 100,000 $ 225,000 $ 6,554,721
3b 120 MN-01
(COK-04) 2023
MN - Mark Thomas Dr -
Separated Bike/Ped Path
Design, N. Fremont - Mark
Thomas - Sloat - Rec Trail
( AO - COK - DF - OG )
Design a shovel-ready project to connect the North Fremont Bike path to Fairground Rd/Mark Thomas Dr to Sloat Ave to Del Monte Ave and the Rec Trail. The bi-directional path could be installed adjacent to the CalTrans Highway 1 right of way along Mark Thomas Dr.
$ 700,000 $ 925,000 $ 5,854,721
5a 114 COK-03 2019 COK - Casanova Oak Knoll
Park Improvements
Install an additional picnic table shade umbrella (match existing); Install rectangular shade to cover concrete food prep table; Install additional bench adjacent to preschool rear door; replace existing chain link fence along park perimeter with 5' tall galvanized metal fencing 325 LF (match ex. playground fence)
$ 125,000 $ 1,050,000 $ 5,729,721
5b 114 VDM-05 2023 VDM - Ferrante Park
Playground Improvements
Add at least one square picnic table and two benches in the DG area of the playground at the southeast corner of the park along Del Robles Ave. $ 20,000 $ 1,070,000 $ 5,709,721

Page 1 of 14 ends

EXHIBIT A-2
Council Regular Meeting, 10/17/2023, Item No. 11., Item Page 15, Packet Page 142 FY 2023-24 Neighborhood and Community Improvement Program Project Cost Estimates and Program Funding
Project Rank
(2023)
Project Votes
received (2023)
Project
No.

Year Submitted
Project Title Project Description (short) Estimated
Project Cost
Running Total
of Estimated
Project Costs
Total Program
Funding
Available
7a 113 DF-02 2023
DF - Deer Forest Drive and
Elk Run Utility Box
Relocation
Relocate City utility boxes that impact visibility of drivers exiting Elk Run onto Deer Forest Dr, and encourage other public utilities to relocate their boxes. This is Phase 2 of the Deer Forest Dr/Elk Run Intersection Safety Improvements project.
$ 65,000 $ 1,135,000 $ 5,644,721
7b 113 FF-03 2018
FF - Via Isola/Josselyn
Canyon Rd - Entry Walls
Rehabilitation
Repair surface cracks caused by weathering on the neighborhood entry walls. $ 30,000 $ 1,165,000 $ 5,614,721
7c 113 MN-06
(MV-09) 2023
MN - 2023 Communitywide Forest Management
( AM - COK - DF - FF - GW -

MV - NM - OT - SK )
Use this year's NCIP funding for forest management. Under the direction of the Monterey Parks Department, remove fallen trees, underbrush, and unhealthy trees, as well as proactive forest management measures to acknowledge and preserve the City's forests and parks. $ 750,000 $ 1,915,000 $ 4,864,721
10 111 NM-13 2019
NM - Oak St, 500 Block -
Street Widening Design
and Phase 1 Construction
Remove existing sidewalk, curb, and gutter. New curb, gutter, and concrete sidewalk at 36 feet wide curb to curb. Paving as necessary. Curb ramps at corners. Meandering sidewalk in park (note: 50% funding request).
$ 450,000 $ 2,365,000 $ 4,414,721
11 109 DT-09 2019 DT - Monterey Bay Park
Shower Station
Install a shower station for beach users on the outside of the existing restroom at the foot of the Commercial Wharf on Figueroa Street. $ 30,000 $ 2,395,000 $ 4,384,721 12a 107 OT-05 2023 OT - Cedar St Path
Renovation
Renovate the existing pedestrian path in the public right of way of Cedar St between Roosevelt St and W Franklin St. $ 80,000 $ 2,475,000 $ 4,304,721 12b 107 VDM-07 2023
VDM - Casa Verde - Helvic -
Portola Neighborhood
Monument Installation
Install the Villa Del Monte neighborhood monument in the bioretention basin at the Casa Verde Way - Helvic Ave - Portola Ave intersection. $ 50,000 $ 2,525,000 $ 4,254,721

Page 2 of 14 ends

Monterey City CouncilOctober 17, 2023

Monterey City Council
October 17, 2023