Agenda packet — Monterey City Council, November 21, 2023

Council Chamber
580 Pacific St.

Monterey, California
and Remote Location:
4 Feeder Dam Rd.

South Glens Falls, New York
City Council Agenda
Council Regular Meeting

AMENDED AGENDA
Tuesday, November 21, 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).

PUBLIC COMMENT PROCEDURES AND TIME LIMITS:

The total amount of time allocated for public comment on a particular issue and for each individual speaker is generally as follows:

1. Up to three minutes per speaker.

2. For regular City Council meetings, there are two 15-minute public comment periods, one in the afternoon and one in the evening. Speakers may only comment during one session.

3. The total time allocated for public comment:
a. Items pulled from the consent agenda – 15 minutes each item b. Public Appearance items – 30 minutes each item
c. Public Hearing items – 30 minutes each item
d. Closed session items – 15 minutes each item
At the time an item is considered, the Mayor will ask those attending the meeting in person to line up at the podium or raise their hands, and for remote participants to use *9 on the telephone or the “raise hand” function in Zoom, if they wish to address the City Council. The maximum amount of time for each person to speak and the total amount of time allotted for each item will be determined based on the number of people indicating an interest in speaking and the amount of business to be conducted on the agenda. In exceptional circumstances and when necessary to ensure a full opportunity for public input, the Mayor may, with the legislative body’s consent, adjust the amount of time allowed for public input and/or the time allotted for each speaker. 11/21/2023 4:00:00 PM
2 TELECONFERENCE NOTICE
Pursuant to California Government Code Section 54953(b)(3), this City Council meeting will include teleconference participation by Mayor Williamson from the remote location listed above, which shall be accessible to the public pursuant to California Government Code Section 54954.3.

EMERGENCY CIRCUMSTANCES REMOTE PARTICIPATION REQUEST
The Council may approve Emergency Circumstances Remote Participation Requests pursuant to Gov. Code sec. 54953(f)(2)(A).

1. Approve Councilmember Garcia's Emergency Circumstances Remote Participation Request (Not a Project under CEQA Article 20, Section 15378 and under General Rule Artcile 5, Section 15601)
***Afternoon Session Agenda ***
4:00 - 5:30 p.m.

CALL TO ORDER

PRESENTATIONS

2. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)

GENERAL PUBLIC COMMENTS
The public may speak to any item that is not on the agenda and that is in the City of Monterey’s subject matter jurisdiction.

CONSENT AGENDA
All matters listed under Consent Agenda are routine and will be adopted by one motion unless a member of the City Council or the public requests discussion or a separate vote.

Approval of Minutes

3. November 7, 2023 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Award of Construction Contracts

4. Award a Construction Contract in the Amount of $258,310.00 to Coastal Paving & Excavating, Inc., for the Citywide Curb Ramp Project, Phase 7 (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP***
Ordinances
An ordinance is a law adopted by the City Council and codified in the City Code. Through the adoption of an ordinance, the City may make and enforce within its limits all local, police, sanitary, and other laws not in conflict with state or federal law. An ordinance generally becomes effective 30 days after approval at a second reading. 11/21/2023 4:00:00 PM
3 5. 2nd Reading of an Ordinance to Amend the City Zoning Ordinance to Authorize and Regulate a Limited Number and Type of Cannabis Businesses and Rezone Multiple Parcels to Include a Cannabis Business Overlay District; Exempt from CEQA per Public Resources Code Section 21083.3 and State CEQA Guidelines Section 15183

6. 2nd Reading of an Ordinance to Rezone 581 Larkin Street from R-3-6 to R-3-6-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)

7. 1st Reading by Title Only of an Ordinance to Amend Monterey City Code section 19-103, the Schedule of Fees and Services Charges, to Fully Recover the Cost of Administering the Cannabis Business Ordinance and Rental Inventory Ordinance (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Resolutions
A resolution is an expression of opinion or evidence of a decision made by the City Council and often relates to administrative business of the City. Resolutions generally become effective immediately upon adoption.

8. Approve the Implementation of a Service Fee Policy for Credit/Debit Card Service Fees on Certain Eligible Transactions (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

9. Award a Contract for Budget Software and Implementation Services to OpenGov, Inc. (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

10. Appropriate Opioid Litigation Settlement Funds to the Police Department Budget to Support the Homeless Navigator Position (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

11. Authorize an Agreement with Monterey Signs to Provide Event-Driven Printing and Signage Services at the Monterey Conference Center as a Preferred Provider, Effective December 1, 2023 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

12. Amend Resolution 23-067, Changing the Position Control List by Adding One (1) FullTime Facility Attendant and Removing One (1) Regular Part-Time Facility Attendant in the Monterey Conference Center (Not a Project Under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
*** End of Consent Agenda ***

PUBLIC APPEARANCE
Public Appearance items are on non-routine issues that might stimulate public interest and comments.

13. Adopt a Cash Incentive, and Amend and Restate Resolution 23-068, the FY 23/24 Salary Schedule, to Increase the Top Step of the Salary Schedule, for Specified Engineering Positions in the Public Works Department that are Difficult to Attract and Retain (Not a Project Under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) -- Continued from November 7, 2023 11/21/2023 4:00:00 PM
4 14. Report on Federal, State, and Non-Profit Grant Opportunities (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) *** Adjourn to Closed Session (See additional agenda) *** The City Council will take public comments on closed session items before convening to closed session.

RECESS

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

GENERAL PUBLIC COMMENTS CONTINUED
Any person who did not offer a general public comment in the afternoon session may speak to any item that is not on the agenda and that is in the City of Monterey’s subject matter jurisdiction.

ANNOUNCEMENTS FROM CLOSED SESSION

PRESENTATIONS (EVE)

15. Receive a Presentation from Monterey-Salinas Transit (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)

PUBLIC APPEARANCE (EVE)
Public Appearance items are on non-routine issues that might stimulate public interest and comments.

16. Provide Direction to the Monterey Police Department (MPD) Staff about Whether to Procure and Use Automated License Plate Recognition (ALPR) Technology, Fixed and Mobile (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

COUNCIL COMMENTS
Councilmembers may ask a question for clarification, make a brief announcement, or make a brief report on their activities. In addition, Councilmember or the City Council may provide a referral to staff or other resources for factual information. (Government Code section 54954.2(a)(3).)

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

ADJOURNMENT
11/21/2023 4:00:00 PM
5 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.

CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES:

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

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

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

Upcoming city meetings are listed at http://isearchmonterey.org More information is available by calling (831) 646-3935 Council
Agenda Report
№08/22
FROM: Hans Uslar, City Manager
Prepared By: Hayley Goodwein, Administrative Assistant
SUBJECT: Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

Recognize Defense Language Institute (DLI) Quarterly Joint Service Awards winners.

VALUE DRIVERS:

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

FISCAL IMPACT:

There is no fiscal impact associated with recognizing the DLI Quarterly Joint Service Awards winners.

ENVIRONMENTAL DETERMINATION:

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

DISCUSSION:

The Defense Language Institute Foreign Language Center (DLIFLC), located in the U.S. Army Garrison Presidio of Monterey, trains military service members in all military branches. DLIFLC conducts a protocol known as the Joint Enlisted Board (JEB) each quarter to assess the motivation, knowledge, and ability to go above and beyond that of the average Soldier, Marine, Sailor, and Airman.

Date: 11/21/2023
Item No.: 2.

Council Regular Meeting, 11/21/2023, Item No. 2., Item Page 1, Packet Page 6 Noncommissioned officers, petty officers, and junior enlisted from each branch compete by displaying their knowledge in a variety of joint service subjects, including History of the Presidio of Monterey and DLIFLC, Current Affairs and World Events, Customs and Courtesies, Uniform Code of Military Justice, Military Leadership, and more. The service member's many weeks of studying and competing in unit boards culminate with an appearance before the DLIFLC Joint Enlisted Board.

As part of the City of Monterey’s longstanding relationship with the DLIFLC and Presidio of Monterey, the City Council frequently recognizes and honors these dedicated award recipients.

The Mayor and City Council will recognize the winners of the Fourth Quarter FY23 DLIFLC Quarterly Joint Service Awards at its meeting on November 21, 2023:
 Sergeant Alexsis Velazquez-Morrow from the U.S. Marine Corps  Private First Class Pearce Alonzo from the U.S. Army 229th Military Intelligence Battalion
Attachments: 1. Proclamations
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, 11/21/2023, Item No. 2., Item Page 2, Packet Page 7 ATTACHMENT 1 Council Regular Meeting, 11/21/2023, Item No. 2., Item Page 3, Packet Page 8 ATTACHMENT 1 Council Regular Meeting, 11/21/2023, Item No. 2., Item Page 4, Packet Page 9

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF MONTEREY
Tuesday, November 7, 2023
4:00 PM 7:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST., MONTEREY, CALIFORNIA
AND REMOTE LOCATION: JW MARRIOTT LAS VEGAS RESORT & SPA, ROOM # 622 221 N RAMPART BLVD. LAS VEGAS, NV 89145
Councilmembers

Present: Barber*, Garcia, Haffa, Smith, Williamson

Absent: None
* Attended remotely by teleconference at the duly noticed remote location listed above
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Community Development Director, Police Chief, Finance Director, Fire Chief, Human Resources Director, Library & Museums Director, Public Works Director, City Clerk, Deputy Public Works Director/City Engineer, Engineering Assistant, Administrative Analyst (Public Works), Parks Operations Manager, Environmental Regulations Manager, Planning Manager, Associate Planner, Police Lieutenant

TELECONFERENCE NOTICE
This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act, Calif. Gov. Code sec. 54953(b). ***Afternoon Session Agenda ***

CALL TO ORDER
Mayor Williamson called the meeting to order at 4:03 p.m. City Clerk Klein called the roll as highlighted above and announced that Councilmember Barber was attending remotely.

On question from Mayor Williamson, Councilmember Barber confirmed that she could hear the meeting proceedings, that the agenda had been posted at least 72 hours prior to the meeting at the remote location listed above, and that she was providing public access from the same location, pursuant to GC 54953(b)(3). She stated that no member of the public was present with her at the teleconference location wishing to speak.

City Clerk Klein read the information from the agenda regarding how to provide public comment and the Council's policy regarding public comment.

PRESENTATIONS

1. Present Proclamation to and Receive Presentation from the Western Flyer Foundation (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Presented proclamation and received presentation Sherry Flumerfelt, of the Western Flyer Foundation, gave the staff presentation. The Council made positive remarks about the recent event when the Western Flyer returned to Monterey.

Date: 11/21/2023
Item No.: 3.

Council Regular Meeting, 11/21/2023, Item No. 3., Item Page 1, Packet Page 10 City Council Minutes November 7, 2023
2 Public comment was received from William Gilly, who thanked the City for its support; Bob Faulis, who made positive remarks about the ship and embracing the area's history; and Lorna Moffat, who thanked the Western Flyer Foundation for making the boat a research vessel.

GENERAL PUBLIC COMMENTS
Public comment on non-agendized matters was received from: Steve Lightfoot, Chandler Roland, Bob Faulis, Robert Ashmore, Peter Kaiser, Adam Pinterits, and Lorna Moffat.

CONSENT AGENDA
Mayor Williamson stated that Item 8 had been pulled from the Consent Agenda, and that Item 14 was recommended by staff to be continued to November 21, 2023. Public comment on the Consent Agenda was not received.

On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following roll-call vote, the City Council approved the Consent Agenda, except Item 8, and continued Item 14 to November 21, 2023:

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

2. October 11, 2023 Special Meeting (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061)
Action: Approved

3. October 17, 2023 Regular Meeting (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061)
Action: Approved
Award of Construction Contracts

4. Award a Job Order Contract for General Municipal Building Roofing Improvements for Intergovernmental Support Agreement Projects in the Amount of $1,000,000.00 to RoofConnect Logistics Inc. dba RoofConnect (Pub. Resources Code, § 21080, subd. (b)(1).); Categorical Excluded (CX) under the National Environmental Policy Act (NEPA) regulations 32 CFR 651, Appendix B, CX(e)(1), CEQA Not a Project) *** IGSA ***
Action: Adopted Resolution No. 23-123 C.S.

5. Award a Job Order Contract for General Municipal Building Roofing Improvements for City Projects in the Amount of $1,000,000.00 to RoofConnect Logistics Inc. dba RoofConnect (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ***CIP/NIP***
Action: Adopted Resolution No. 23-124 C.S.

6. Award a Job Order Contract for General Municipal Flooring Improvements for Intergovernmental Support Agreement Projects in the Amount of $1,000,000.00 to Shaw Industries Inc. (Pub. Resources Code, § 21080, subd. (b)(1).); Categorical Excluded (CX) under the National Environmental Policy Act (NEPA) regulations 32 CFR 651, Appendix B, CX(e)(1), CEQA Not a Project) *** IGSA ***
Action: Adopted Resolution No. 23-125 C.S.

Council Regular Meeting, 11/21/2023, Item No. 3., Item Page 2, Packet Page 11 City Council Minutes November 7, 2023
3 7. Award a Job Order Contract for General Municipal Flooring Improvements for City Projects in the Amount of $1,000,000.00 to Shaw Industries Inc. (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ***CIP/NIP*** Action: Adopted Resolution No. 23-126 C.S.

Ordinances

8. 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)
Action: Pulled from Consent, Adopted Ordinance No. 3671 C.S. (4-1, Councilmember Smith voting no)
City Manager Uslar gave a brief verbal report.

Public comment was received from: Peter, who spoke against the ordinance and instead suggested requiring six months' notice before raising rent; Dalila Epperson, who spoke against the ordinance and said that constituents had made it clear they did not want it; a man who accused Council of inventing anecdotes; Bob Faulis, who suggested that participation in the registry should be optional; Theresa Matthews, who said she was a renter and landlord who was opposed to the proposed registry; L. K. Samuels, who spoke about rent issues in Germany's past; Susi Allen, who spoke against the ordinance, citing the estimated costs of the program and saying people felt unheard; Peter Kaiser, who urged that the registry be voluntary; David Ramer, who said landlords were not the problem and that the military housing allowance was problematic for the rental market; a man who said that the ordinance should be taken to a vote; Kathy Anderson, who said that hard work, not "free lunch," would lead to property ownership; a woman who said that rent contracts should remain private and that constituents with rent increases and problems with their rentals should learn the State codes; Char Carter, who urged the Council not to pass the ordinance, citing that it was unnecessary, expensive, and divisive; Tom Reeves, who asked the Council to add a family-to-family exemption and not to eliminate the "mom and pop" exemption; and Esther Malkin, who cited the large percentage of renters in Monterey and said that the Council was listening to all of their constituents.

The Council discussed the matter. In opposition to the ordinance, it was stated that the registry’s purpose was questionable and illegitimate, did not align with stated housing goals, and constituted government overreach. It was stated that the City could not increase housing inventory until there was an available water supply. It was stated that being a landlord was very hard work that the Council was interrupting with the proposed registry. It was stated that getting involved in the relationship between tenants and landlords was none of the City's business. It was urged not to pass the ordinance, and instead to form a steering committee of residents to find a better way to get the desired data and improve housing.

In favor of adopting the ordinance, it was stated that the Council had indeed heard the opinions of the speakers and had responded. The public was reminded that the Council had amended the ordinance based on feedback received, including by adding the "mom and pop" exemption, adding a sunset, adding the 30-day notice for tenants to give notice of legal action, and addressing privacy concerns.

It was stated that when responding to constituents about their current housing problems, citing the lack of water did not help. It was stressed that the Council had a responsibility to hear all voices and pay attention to the struggles of all residents, and do the best they could do for their community. It was stated that the Councilmembers had conversations with neighbors on a regular basis about housing challenges and that the only reason these stories were anecdotal Council Regular Meeting, 11/21/2023, Item No. 3., Item Page 3, Packet Page 12 City Council Minutes November 7, 2023
4 was that individuals were afraid to come forward and speak their minds for fear that they would be retaliated against by their landlords for speaking. A post on social media was cited, in which a landlord stated they would take the names of everyone in favor of the registry and never rent to them. It was stated that the Council needed to get involved because there was an imbalance, and if it were left to the rental market, families would still be struggling.

It was stated that the cost of living on the Monterey Peninsula was the major cost factor for most families and that one of the major drivers of inflation was the cost of housing. It was stated that the City currently did not have facts on rents, and that the registry would provide a baseline snapshot of real, accurate information on the rental market and be a useful tool for evaluating the issue and finding potential solutions. It was stated that every industry was regulated in some form. It was stressed that people who work in Monterey were being priced out of living in Monterey. It was stated that the Council had to do what it could to protect residents. It was stressed that part of the "Monterey Way" was to be respectful, and that Monterey residents were all neighbors living with each other and should all enjoy quality of life. It was stated that everyone's life circumstances were different and that it was important to remain empathetic.

A motion was introduced by Councilmember Haffa, and seconded by Councilmember Barber, to adopt Ordinance No. 3671 C.S. to Establish a Rental Inventory and Requiring Registration of All Residential Rental Properties within the City of Monterey Beginning January 1, 2024.

In opposition to the motion it was stated that the Council had an obligation to be tolerant of comments even when they were angry. It was stated that the community had spoken and that if this matter went to the ballot the majority would vote against it. The Council was asked to look carefully when they received the year one report from the registry, and determine if they wanted to keep doing it. It was stated that people who had not been landlords did not know about all the work involved, and that the Council needed to listen to all people.

The motion carried by the following roll-call vote:

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

9. 2nd Reading - Ordinance to Rezone 875 Spencer Street from R-3-5 to R-3-5-H-2 as a City Historic Resource (Exempt from CEQA per Article 19, Section 15305, Class 5) Action: Adopted Ordinance No. 3672 C.S.

Resolutions

10. Ratify Emergency Suspension of Purchasing Requirements for Wharf I Fire Sprinkler System Work, Authorize a Budget Appropriation Adjustment in the amount of $72,347 and Authorize an Amendment to the Contract with the A & B Fire Protection & Safety Inc. to Increase the Not to Exceed Fee from $11,999 to $84,346 (Not a Project under CEQA per Article 18, Section 15269, Emergency Projects)
Action: Adopted Resolution No. 23-127 C.S.

11. Amend Resolution 23-069 to Include the Madison/Herrmann/Larkin Intersection Safety Improvement Project and Authorize an Increase of FY24 Revenue and Appropriation of Regional Surface Transportation Funds in the Amount of $119,120 ***CIP*** (Exempt from CEQA per Article 19, Section 15303 Class 3)
Action: Adopted Resolution No. 23-128 C.S.

Council Regular Meeting, 11/21/2023, Item No. 3., Item Page 4, Packet Page 13 City Council Minutes November 7, 2023
5 12. Authorize an Amendment to the Agreement with Trinity Source Group, Inc. for Remediation of Groundwater Contamination at 951 Del Monte Avenue to Increase the Contract Amount from $1,056,160 to $1,236,160 and Extend the Term ***CIP*** (Mitigated Negative Declaration Adopted)
Action: Adopted Resolution No. 23-129 C.S.

13. Authorize an Appropriation of $711,209.00 from the General Fund’s Unassigned Fund Balance to the Monterey Conference Center Cooling Tower Replacement Project Account in the Capital Improvement Projects Fund and Award a Construction Contract in the Amount of $1,258,931.00 to Mesa Energy Systems, Inc. for the Monterey Conference Center Cooling Tower Replacement (CIP2318) (Exempt from CEQA Article 19, Section 15301, Class 1) ***CIP*** Action: Adopted Resolution No. 23-130 C.S.

14. Adopt a Cash Incentive, and Amend and Restate Resolution 23-068, the FY 23/24 Salary Schedule, to Increase the Top Step of the Salary Schedule, for Specified Engineering Positions in the Public Works Department that are Difficult to Attract and Retain (Not a Project Under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Continued to November 21, 2023

15. 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: Adopted Resolution No. 23-131 C.S.

16. Amend Resolution 23-067, the FY 23/24 City Budget by appropriating $67,686 to Salaries and Benefits, and the Position Control List, by Adding One HCD Coordinator – Programs & Projects to the Community Development Department Housing Office (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-132 C.S.

17. Amend Resolution 23-067 the FY 23/24 City Budget by Adding $105,968 to the Housing Public Service Grant Budget Recognizing the Additional CDBG-CV Funds Received (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-133 C.S.

18. Authorize the City Manager to Enter into a Contract with the Association of Monterey Bay Area Governments (AMBAG) to Receive and Appropriate $180,000 from the Regional Early Action Planning (REAP) 2.0 Local Suballocation Grant Program to Fund Implementation of Housing Programs (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 23-134 C.S.

19. Authorize Budget Appropriations of $1,125,458.06 between Presidio of Monterey Public Works Accounts for the POM B267 Renovate Building Project & OMC B7693 Replace Flooring Project, and Authorize Administrative Budget Appropriations Not Exceeding $350,000 Individually for Unscheduled Presidio Maintenance Projects Through June 30, 2024 ***IGSA***(NEPA Not a Project, CEQA Not a Project under Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1)) Action: Adopted Resolution No. 23-135 C.S.
*** End of Consent Agenda ***
Council Regular Meeting, 11/21/2023, Item No. 3., Item Page 5, Packet Page 14 City Council Minutes November 7, 2023
6 PUBLIC HEARING

20. 1st Reading by Title Only of an Ordinance to Rezone 581 Larkin Street from R-3-6 to R-3-6-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) Action: Waived full reading and passed ordinance to print; Adopted Resolution No. 23- 136 C.S.

Mayor Williamson introduced the ordinance by reading its full title. Associate Planner Buggert gave the staff presentation.

Public comment was received from Lorna Moffat, who asked that no trees be cut down as part of approval of the Mills Act contract, and Kevin Dayton, who stated that the owner had done a beautiful job fixing up the property and it would benefit the community to approve the rezoning and contract.

On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following roll-call vote, the City Council passed to print the 1st Reading by Title Only of an Ordinance to Rezone 581 Larkin Street from R-3-6 to R-3-6-H-2 as a City Historic Resource and adopted Resolution No. 23-136 C.S. to Authorize a Mills Act Contract (Property Tax Savings Program for Historic Structures):

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

PUBLIC APPEARANCE

21. Provide Direction to Staff about Vehicle Storage Facilities and Small-Scale Wholesale, Distribution and Storage Uses in the I-R Zoning District That Have a Multifamily Housing Overlay Zoning Designation (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Continued to evening; On majority consensus, provided feedback that planning for housing was a priority instead of the vehicle storage facility use On consensus of the Council, the item was continued to the evening session in the interest of time. In the evening following item 23, the matter was taken up, at which time Community Development Director Cole gave the staff presentation and answered Councilmembers' questions. During the presentation, Mayor Williamson left the Chamber at 9:01 p.m. and returned at 9:03 p.m.

Public comment was received from: Ernest Lostrom, who said that the project was worth support because it would replace old buildings with modern buildings with more utility, and stated that housing was not an option since there was no available water; Kevin Dayton, who suggested mixed-use compatibility so that both housing and the proposed vehicle storage use could work; Esther Malkin, who spoke in favor of mixed-use that would include housing; and Ralph Borelli, who spoke in favor of the car condo concept, stating it would be well received and bring jobs to the area, and who said that if the City did not support the car condo use that they would sell the buildings.

The Council discussed the matter. It was stated that the Council understood the position of the property owner and developer, and that the car condo concept was great for business but that Council Regular Meeting, 11/21/2023, Item No. 3., Item Page 6, Packet Page 15 City Council Minutes November 7, 2023
7 the timing was not right due to the City's Regional Housing Needs Analysis (RHNA) numbers and the serious need for more housing. Even though water was not available yet, it was stated that the Council needed to consider the needs of the community and the potential for having water eventually. It was stated that an industrial use in a neighborhood that is foreseen to be a residential community in the future was not the most compatible use. If it did have street-facing community serving businesses as well, the Council stated they might be more inclined, but emphasized that the difficulty of finding developable properties for needed housing was a priority. It was stressed that the need to plan for the future was important. It was stated that the Council owed residents the prioritization and centering of the housing need and the Housing Element, and since the area had been identified for housing, the majority of the Council would not be able to support the vehicle storage facility concept.

In favor of the car condo use, it was stated by a minority of the Council that the property owner had analyzed and advised that it was not practical to build housing there because he didn't foresee water coming soon enough. It was stated that if the property were sold there still wouldn't be housing, and it was stressed that the City needed space for industrial uses and did not currently have that many locations for fabricators, welders, mechanics, and new emerging industries that need space. It was stated that the City owned land received through the Fort Ord Reuse Authority (FORA) process and included it in the RHNA housing allocation. The question was posed: How could the City address the business need for industrial space? Community Development Director Cole explained to the Council what would happen for the development team if they were to make an application for the car condo project during the time that the Housing Element would likely be passed prohibiting its use.

Mayor Williamson re-opened public comment. Ernest Lostrom thanked the Councilmembers for their honesty, and explained that he would not take on the risk of the development knowing the Council's preference for housing, citing the lack of water. Kevin Dayton said that the Council could direct staff to find a way to do a mixed-use project combining car condos with housing.

Ralph Borelli cited the water issue for housing and said that based on the feedback received from the Council they would sell the buildings as office space.

City Manager Uslar stressed that the topic was not the merit of the proposed project, but whether to allow the use in the housing overlay zone. He stated that enough direction had been given by the four members of Council that they were not interested in the use. He stated that the City should not engage in project specific negotiation. He said that the developers would resell the building and that with future water maybe then the buildings could become housing.

In disagreement with the majority direction, the Council stated that the City was dictating to the private sector how they should spend their money to serve the City's purposes on a projection that was hypothetical and unrealistic.

It was summarized by the Council that there was an interest in keeping opportunities open, and that while Council agreed that the project looked great, the location and planning did not mesh with the City's critical housing needs that the Council was charged to prioritize. The Council thanked the applicant for working with the City. Following this discussion, the Council took up Item 24.

ADJOURN TO CLOSED SESSION (See additional agenda)
Public comment on the closed session was not received.

The Council adjourned to closed session at 5:56 p.m.

Council Regular Meeting, 11/21/2023, Item No. 3., Item Page 7, Packet Page 16 City Council Minutes November 7, 2023
8 RECESS

RECONVENE
The Council reconvened at 7:05 p.m.
*** Evening Session Agenda ***

PLEDGE OF ALLEGIANCE
Councilmember Haffa led the Pledge.

GENERAL PUBLIC COMMENTS CONTINUED
City Clerk Klein read the information from the agenda regarding how to provide public comment and the Council's policy regarding public comment. Public comment on non-agendized matters was not received.

ANNOUNCEMENTS FROM CLOSED SESSION
City Attorney Davi announced:
cs1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1), Impasse Binding Arbitration Pursuant to Charter Section 5.4, Monterey Fire Fighters Association / International Association of Fire Fighters Local 3707 v. City of Monterey, State of California Public Employment Relations Board CSMCS Case No. ARB-22-0230 Action: No reportable action was taken

PRESENTATIONS (EVE)

22. Receive a Presentation from Transportation Agency for Monterey County (TAMC) (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Received presentation
Todd Muck, of Transportation Agency for Monterey County (TAMC), gave a presentation on the development and implementation of regional projects and programs, and answered Councilmembers' questions.

Public comment was received from Kevin Dayton, who praised the City of Monterey for its six years of compliance with the requirements of Measure X, and Lorna Moffat, who described transportation in the area as difficult and getting worse, and suggested using Measure X funds to bring the train back to the Monterey area and improve bus service.

PUBLIC HEARING (EVE)

23. 1st Reading by Title Only of an Ordinance to Amend the City Zoning Ordinance to Authorize and Regulate a Limited Number and Type of Cannabis Businesses and Rezone Multiple Parcels to Include a Cannabis Business Overlay District; Exempt from CEQA per Public Resources Code Section 21083.3 and State CEQA Guidelines Section 15183 Action: Waived full reading and passed ordinance to print, and adopted Resolution No. 23-137 C.S. (4-1, Councilmember Smith voting no)
Mayor Williamson introduced the ordinance by reading its full title. Assistant City Manager Rojanasathira and Associate Planner Buggert gave the staff presentation and answered Council Regular Meeting, 11/21/2023, Item No. 3., Item Page 8, Packet Page 17 City Council Minutes November 7, 2023
9 Councilmembers' questions. During the presentation, Councilmember Smith left the Chamber at 7:54 p.m. and returned at 7:55 p.m.

Public comment was received from: Jhonrico Carr, who expressed concerns about City staff relating to his past attempts to run a cannabis cooperative, and asked for the ordinance to include a social equity component; Peter Kaiser, who spoke against the ordinance, stating that marijuana contributed to mental illness and violence; Anthony Gonzales, who spoke in favor of the ordinance, citing the fiscal benefits to the City and the included security measures; Kevin Dayton, who cited equity as a concern and discussed the cannabis revenues received and needed by the cities of Del Rey Oaks and Seaside; and Joey Espinoza, who expressed concern with the concept of taxing wholesale distributors, and asked questions about the application process, scoring criteria, and required retention of security footage.

On question from Council, staff answered numerous questions. City Attorney Davi said that not having to have a lease in place or a property pre-approved at the time of application was the City's way of having a social equity component, and confirmed that applicants without a planned location would be scored equally compared with applicants with a planned location. She stated that if the Council were interested in designating cannabis revenue to a specific matter, it could do so through the budgeting process. Assistant City Manager Rojanasathira spoke about the objective ranking criteria incorporated into the ordinance. He explained that the City's transparent portal for information was online on the Have Your Say Monterey site. City Manager Uslar confirmed that retention of one year of security video was required by the current draft of the ordinance. He said that it was recommended by staff that an ad hoc committee consisting of the Mayor and Vice Mayor would be part of the process to review the applications.

The Council discussed the matter. Concern was expressed about the Mayor and Vice Mayor reviewing applications, stating that City staff should make the decisions. In response it was stated that the ultimate decision would be the Council's.

In favor of the matter it was stated that authorizing and regulating retail cannabis would allow businesses and customers to engage in commerce if they wanted to, which would provide opportunities for the City. General agreement was expressed with requiring the retention of security footage for one year, and with having an ad hoc review committee of the Mayor and Vice Mayor, stating that it made sense for a portion of the Council to be involved in that early stage. Interest was expressed in using a scoring matrix so that the ranking would be more about the aspects of the application than who was applying. Interest was expressed in having cannabis revenues be budgeted for housing and social equity programs. Agreement was expressed that the ordinance addressed social equity by allowing applications without a planned location, and it was stressed that funding rental assistance or affordable housing programs with cannabis proceeds would be important for social equity as well.

A motion was introduced by Mayor Williamson, and seconded by Councilmember Haffa, to pass to print the 1st Reading by Title Only of an Ordinance to Amend the City Zoning Ordinance to Authorize and Regulate a Limited Number and Type of Cannabis Businesses and Rezone Multiple Parcels to Include a Cannabis Business Overlay District, and adopt Resolution No. 23- 137 C.S. accepting the CEQA Exemption Determination.

In disagreement with the motion it was stated that the City shouldn't be involved in the cannabis business. It was noted that consumers had choices not very far away. It was stated that using the City's zoning and going through all the work and staff time was not worth it and that adopting the ordinance would be going in the wrong direction.

Council Regular Meeting, 11/21/2023, Item No. 3., Item Page 9, Packet Page 18 City Council Minutes November 7, 2023
10 In support of the motion it was stated that the City should not get in the way of people's rights to access cannabis. It was stated that this would be an opportunity to benefit the City's housing and rental situation with the additional cannabis revenue.

The motion carried by the following roll-call vote:

PUBLIC APPEARANCE (EVE)

24. Consider Establishing a Temporary Moratorium Pursuant to Government Code Section 65858 Suspending the Mills Act Property Tax Reduction Incentive Program for Historic Zoned Properties (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Adopted Ordinance No. 3673 C.S. (4-1, Councilmember Haffa voting no) Following Item 21, Community Development Director Cole gave the staff presentation and answered Councilmembers' questions.

Public comment was received from Kevin Dayton, who said that if the City's goal is to preserve historic buildings and a historic home will be repaired and maintained, then it shouldn't matter if someone sells, and John Sovereign, who asked why a moratorium was required to do a study.

The Council discussed the matter. It was stated that the commenters' feedback made sense and that the amount lost in property tax seemed worth it to maintain and restore historic buildings. On question, City Manager Uslar provided insight on the origin of the City's Mills Act program and explained that staff would like to take a break to evaluate historic protection measures already in place and how many buildings should receive tax breaks. He explained that the City's Mills Act contracts had an effect on the tax base for the Monterey Peninsula Unified School District (MPUSD) and Monterey County.

It was stated by the Council that a pause was appropriate for a short time, to provide space to reconsider how many contracts the City should approve, look at collecting a fee upon the transfer of property, consider new legislation, and reestablish whether it made sense to continue using current criteria. Interest was expressed in considering not allowing Mills Act contracts to transfer from seller to buyer. Support was expressed for following staff's lead to investigate a program that had been identified as needing to be cleaned up. It was suggested that the funds could instead be funneled to support other matters such as public structures.

A motion was introduced by Mayor Williamson, and seconded by Councilmember Smith, to adopt Ordinance No. 3673 C.S. Establishing a Temporary Moratorium Suspending the Mills Act Property Tax Reduction Incentive Program for Historic Zoned Properties:

In opposition to the motion, it was stated that a moratorium was not needed to review the program, which it was stated would otherwise be a worthy process. It was stated that if the goal was to preserve historic properties, it shouldn't matter if someone has figured out how to monetize that goal.

Council Regular Meeting, 11/21/2023, Item No. 3., Item Page 10, Packet Page 19 City Council Minutes November 7, 2023
11 In support of the motion it was stated that the Mills Act process benefitted the City by rescuing properties from obscurity and improving them, and that there should be an incentive and reward for doing so. It was stressed that a pause would give the Council the opportunity to think about the program and be consistent.

The motion carried by the following roll-call vote:

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

25. Discuss the Annual Performance Evaluation Process for the City Manager and City Attorney (Not a Project Under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Discussed, and on consensus agreed that the third-party consultant facilitating the review process would take notes on feedback received from the Council, City Manager, and City Attorney, check in further with the two executives for any further feedback, and then return to Council with recommendations on process and forms Human Resources Director Neal gave a brief introduction before turning the discussion to the Council. Councilmember Garcia left the Chamber at 10:12 p.m. and returned at 10:14 p.m.

The Council discussed the matter. It was suggested that the Council establish a process for the annual performance evaluation of the City Manager and City Attorney, that would include "360°" feedback from other stakeholders, and could include a public meeting. The importance was stressed of the need for the process to be consistet and clearly defined with stipulated timelines, participants, and other details. It was stated that it had been a conflict of interest for the Human Resources Director to conduct the evaluation in the past, and that it was appropriate for a consultant to manage the process going forward. It was stated that the consultant should work with the City Manager and City Attorney, and then the Council, to determine what should be included and design the evaluation tool.

Regarding the suggestion to include stakeholders in a 360° evaluation process, it was stated that contacting community members was part of the Council's role and something that the individual Councilmembers could take on together instead of holding a public meeting. In response, support was expressed for taking feedback from the public, stating that the Council could distinguish between outliers and trends. It was noted that part of the role of the City Manager was to have good, at least cordial, interactions with the community even when there were disagreements, and that if this weren't the case it would be important for the Council to know it. It was stated that the 360° review should instead focus on direct reports as well as a select number of other staff members. It was suggested that the consultant could propose the stakeholder reviewers and would then meet with Council in closed session once she received the feedback. It was suggested that even twice a year could be beneficial for evaluations. It was requested to bring back scoring as part of the evaluation tool.

It was requested to hear from the City Manager and the City Attorney so they could weigh in on the process.

The Council recessed at 10:44 p.m. and reconvened at 11:00 p.m.

On a motion by Councilmember Haffa, seconded by Councilmember Garcia, and carried by the following roll-call vote, the City Council extended the meeting to 11:15 p.m.

Council Regular Meeting, 11/21/2023, Item No. 3., Item Page 11, Packet Page 20 City Council Minutes November 7, 2023
12 AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
City Manager Uslar said that his current contract included an annual performance review and that changing it to twice a year would require a change of the contract. City Attorney Davi remarked on the fact that the City was her client, not community stakeholders.

The Council continued to discuss the matter. It was requested that the evaluation form should have been part of the agenda packet, and staff was requested to send a copy to the Council.

On question from Council, City Attorney Davi said that discussion of the process should take place in open session.

The Council stated that they should use their strategic plan and objectives to evaluate the City Manager. It was stated that once a year was the right timing because evaluations were a timeconsuming process. On consensus, the Council determined that the consultant should meet with the City Manager and City Attorney and bring a recommendation back to the Council.

Shelline Bennett, consultant with Liebert Cassidy Whitmore, suggested that the Council allow her to take notes on the items she had heard from the Council, City Manager, and City Attorney; allow her to check in further with the City Manager and City Attorney to make sure she received all feedback from them; and then come back to the Council with suggestions on recommended process and forms for consideration. The Council agreed.

Public comment on the matter was not received.

COUNCIL COMMENTS
None received due to the late hour.

CITY MANAGER REPORTS
City Manager Uslar announced that the City would be receiving a $2.4M grant from the Association of Monterey Bay Area Governments (AMBAG) for the planned affordable housing project behind City Hall.

ADJOURNMENT
The Council adjourned at 11:13 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor
Council Regular Meeting, 11/21/2023, Item No. 3., Item Page 12, Packet Page 21 Council
Agenda Report
№08/22
FROM: Andrea Renny, Public Works Director
Prepared By: Jesus Rios, Engineering Project Manager
SUBJECT: Award a Construction Contract in the Amount of $258,310.00 to Coastal Paving & Excavating, Inc., for the Citywide Curb Ramp Project, Phase 7 (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP***
RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Approving the plans and specifications for the Citywide Curb Ramp Project, Phase 7 (35C1555) (“Project”) which are available in the office of the City Engineer (Room 7), and granting the Public Works Director, or their designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Accepting all responsive, responsible bids;

3. Awarding a Construction Contract for the Total Bid to the lowest responsive, responsible bidder, Coastal Paving & Excavating, Inc., in the amount of $258,310.00;

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

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

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

This action 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.

FISCAL IMPLICATIONS:

Eight (8) bids were received and opened by the Finance Director’s designee on October 31, 2023 as follows:

Date: 11/21/2023
Item No.: 4.

Council Regular Meeting, 11/21/2023, Item No. 4., Item Page 1, Packet Page 22 Bidder Total Bid
Coastal Paving & Excavating, Inc. $258,310.00
ASG Builders $348,000.00
FBD Vanguard Construction, Inc. $404,324.00
McKim Corporation $423,372.00
Kraemer Engineering, Inc. $431,505.00
Precision Grade, Inc. $458,795.00
Monterey Peninsula Engineering $481,580.00
The Don Chapin Company $575,710.00
Basis of award for this project is based on the Total Base Bid.

Total Project Construction Estimate:

Construction Contract (Total Base Bid) $258,310.00
Construction Contingency, 15% $38,746.50
Total Project Construction Estimate (This Authorization) $297,056.50 Construction Management (City Staff & Indirect Cost) $150,000.00 Total Estimated Cost to Complete the Project $447,056.50 Funding Sources:

Measure P-ADA (35C1555) $11,882,203.25
As of November 6, 2023, sufficient funding is available to complete the project. The Project is funded by Measure S, a one percent sales tax measure approved by voters to repair streets, sidewalks, storm drains, and install curb ramps at intersections. Measure S will sunset in 2027.

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 demolition and construction of concrete curb, gutter, sidewalk, curb ramps, and driveways, storm drainage, signage and striping, adjustment of utilities and hot mix asphalt pavement. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by Council Regular Meeting, 11/21/2023, Item No. 4., Item Page 2, Packet Page 23 federal, state, or local agencies. Exception a – Location – does not apply to projects which are exempt under Class 1.

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

This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). The project would not be visible from a scenic highway.

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

Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The project would not impact historic resources as project improvements would only occur in the public right-ofway. The project is located in the area of high archeological sensitivity as shown in the General Plan (Figure 8). The project will not disturb native soil; digging will only occur to the Aggregate Base.

Therefore, the project would not have an impact on archeological resources.

ALTERNATIVES CONSIDERED:

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

DISCUSSION:

This project consists of the removal and replacement of curb ramps at various intersections throughout the City of Monterey that have been identified as the responsibility of the City, consistent with Chapter 32, Article 4, of the City Code. This project will provide accessibility and it is part of the effort to replace older, non-compliant ramps or place new ramps where none exist. This project is a continuation of Measure S-funded efforts for accessibility. This project will address curb ramps in the Old Town area.

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

Council Regular Meeting, 11/21/2023, Item No. 4., Item Page 3, Packet Page 24 On October 31, 2023, the city received eight (8) bids. The lowest responsive, responsible bid was submitted by Coastal Paving & Excavating, Inc., from Monterey, in the amount of $258,310.00, which was below the Engineer’s Estimate of $640,000. Sufficient funding is available for this project, and Staff recommends award of the Total Base Bid in the amount of $258,310.

Though this is Coastal Paving & Excavating, Inc.’s first project with the City of Monterey, they have submitted references for their work project. Staff has checked the firm’s references and is confident in the ability of the contractor to perform the work successfully.

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

1. Approving the plans and specifications for the Citywide Curb Ramp Project, Phase 7 (35C1555) (“Project”), which are available in the office of the City Engineer (Room 7), and granting the Public Works Director or their designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Accepting all responsive, responsible bids;

3. Awarding a Construction Contract for the Total Base Bid to the lowest responsive, responsible bidder, Coastal Paving & Excavating, Inc., in the amount of $258,310.00;

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

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

JR/pl
Attachments: 1. Resolution

2. Bid Tabulation
e: Coastal Paving & Excavating, Inc.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $258,310.00 TO COASTAL PAVING & EXCAVATING, INC. FOR THE CITYWIDE CURB RAMP PROJECT, PHASE 7 (***CIP***)
WHEREAS on the 31st day of October 2023, at 2:00 p.m., the City of Monterey Finance Director’s designee received eight (8) electronic bids through the City’s e-Procurement Portal, OpenGov Procurement, for the Citywide Curb Ramp Project, Phase 7 (35C1555) (“Project”); WHEREAS, ASG Builders, Coastal Paving & Excavating, Inc., FBD Vanguard Construction, Inc., McKim Corporation, Kraemer Engineering, Inc., Precision Grade, Inc., Monterey Peninsula Engineering, and The Don Chapin Company submitted responsive, responsible bids for the Project;
WHEREAS, the basis of award for the project was the Total Base Bid; WHEREAS, Coastal Paving & Excavating, Inc., submitted the lowest responsive, responsible bid in the amount of $258,310.00;
WHEREAS, sufficient funds are available in account 35C1555 to complete the project; WHEREAS, the Project is funded by Measure S, a one percent sales tax measure approved by voters to fix streets, sidewalks, storm drains, and install curb ramps at intersections. Measure S will sunset in 2027;
WHEREAS, The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project consists of the demolition and construction of concrete curb, gutter, sidewalk, curb ramps, and driveways, storm drainage, signage and striping, adjustment of utilities and hot mix asphalt pavement. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

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

Council Regular Meeting, 11/21/2023, Item No. 4., Item Page 5, Packet Page 26 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 d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). The project would not be visible from a scenic highway.

Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The project would not impact historic resources as project improvements would only occur in the public right-of-way. The project is located in the area of high archeological sensitivity as shown in the General Plan (Figure 8). The project will not disturb native soil; digging will only occur to the Aggregate Base. Therefore, the project would not have an impact on archeological resources.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that 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. Approves the plans and specifications for the Citywide Curb Ramp Project, Phase 7 (35C1555) (“Project”) which are available in the office of the City Engineer (Room 7), and granting the Public Works Director, or their designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Accepts all responsive, responsible bids;

3. Awards a Construction Contract for the Total Base Bid to the lowest responsive, responsible bidder, to Coastal Paving & Excavating, Inc., in the amount of $258,310.00;

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

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

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Council Regular Meeting, 11/21/2023, Item No. 4., Item Page 6, Packet Page 27 3 APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 11/21/2023, Item No. 4., Item Page 7, Packet Page 28 City of Monterey
Finance Department
Rafaela King, Finance Director
580 Pacific Street, Monterey, CA 93940

EVALUATION TABULATION
General Solicitation - CITYWIDE CURB RAMP PROJECT, PHASE 7 (35C1555)

Page 1 ends

EVALUATION TABULATION
GEN No. TBD
CITYWIDE CURB RAMP PROJECT, PHASE 7 (35C1555)
RESPONSE DEADLINE: October 31, 2023 at 2:00 pm
Tuesday, October 31, 2023

SELECTED VENDOR TOTALS
Vendor Total
Coastal Paving &
Excavating Inc.
$258,310.00
ASG Builders $348,000.00
FBD Vanguard
Construction, Inc.
$404,324.00
McKim Corporation $423,372.00
Kraemer Engineering Inc $431,505.00
Precision Grade Inc $458,795.00
Monterey Peninsula
Engineering
$481,580.00
The Don Chapin Company $575,710.00

BID SCHEDULE
Vendor Total
Coastal Paving &
Excavating Inc.
$258,310.00
ASG Builders $348,000.00
FBD Vanguard
Construction, Inc.
$404,324.00
McKim Corporation $423,372.00
Attachment 2
Council Regular Meeting, 11/21/2023, Item No. 4., Item Page 8, Packet Page 29

EVALUATION TABULATION
GEN No. TBD
CITYWIDE CURB RAMP PROJECT, PHASE 7 (35C1555)

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Vendor Total
Kraemer Engineering Inc $431,505.00
Precision Grade Inc $458,795.00
Monterey Peninsula
Engineering
$481,580.00
The Don Chapin Company $575,710.00
Attachment 2
Council Regular Meeting, 11/21/2023, Item No. 4., Item Page 9, Packet Page 30

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ORDINANCE NO. __ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY

APPROVING AMENDMENTS TO THE CITY CODE AND ZONING ORDINANCE

TO AUTHORIZE AND REGULATE A LIMITED NUMBER AND TYPE

OF CANNABIS BUSINESSES
THE CITY COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN AS FOLLOWS:

SECTION 1:

WHEREAS, this article is adopted pursuant to the authority granted to the city by Section 7 of Article XI of the California Constitution, California Government Code sections 50022.1- 50022.8 and 50022.10, Title 4, Division 19 of the California Code of Regulations, and the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”); WHEREAS, all forms of cannabis businesses are prohibited in the city, except for cannabis testing laboratories, which were first authorized at a public hearing held on January 21, 2020, where the City Council interpreted the City Code as allowing that use in the I-R Industrial, Administration, and Research District. The city’s prohibition on cannabis businesses was upheld by the Sixth District Court of Appeals in City of Monterey v. Jhonrico Carrnshimba et al., (2013) 215 Cal.App.4th 1068. This ordinance authorizes certain types of cannabis businesses to operate in the city;
WHEREAS, on September 30, 2020, cannabis policy was discussed at a City Council Study Session;
WHEREAS, on December 1, 2020, staff proposed a plan and timeline for authorizing cannabis businesses in the city;
WHEREAS, on December 15, 2020, the City Council adopted Ordinance 3634 to formalize its January 21, 2020 interpretation that cannabis testing laboratories are permitted in the I-R zone with a use permit;
WHEREAS, on December 21, 2021, the City Council directed staff to develop regulations allowing no more than three cannabis retail permits, one each in Downtown, Lighthouse, and Cannery Row;
WHEREAS, community outreach meetings were held on January 26, 2021 and January 28, 2021 to discuss cannabis policy. Online and postcard surveys were conducted in January - February 2021 to receive public input on cannabis policy and additional City Council discussions were held on February 24, 2021, April 13, 2021, May 4, 2021, and August 17, 2021; WHEREAS, on July 25, 2022, the City Council approved Resolution 22-097, placing a Cannabis Business License Tax on the ballot for the November 2022 election; WHEREAS, Measure J, the city’s Cannabis Business License Tax, passed on November 8, 2022, with more than 65% of the voters voting in the election approving the measure;
Date: 11/21/2023
Item No.: 5.

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WHEREAS, the city intends to restrict access to retail storefront facilities, whether adult use, or medical, or both, to ages 21 and older;
WHEREAS, the city intends to authorize deliveries of medicinal cannabis to individuals 18 years and older to facilitate access to medicinal cannabis consistent with the Medicinal Cannabis Patients’ Right of Access Act commencing with Business & Professions Code section 26320 effective in January 2024;
WHEREAS, the city intends to authorize one non-storefront retailer requiring delivery of medicinal cannabis to be consistent with the Medicinal Cannabis Patients’ Right of Access Act commencing with Business & Professions Code section 26320 effective in January 2024; WHEREAS, on May 2, 2023 the City Council considered the project description and on June 6, 2023, the City Council approved it as modified by including an additional storefront retailer on N. Fremont and up to two temporary cannabis events to guide environmental review; WHEREAS, at a public hearing on October 24, 2023, the Planning Commission considered and recommended the amendments to the zoning code set forth in draft ordinance Sections 12 through 15; below;
WHEREAS, based on the exemption review, accepted by the City Council by resolution on November 7, 2023 and incorporated by reference herein, the City’s General Plan EIR has adequately addressed the following issues, and no further environmental review is required pursuant to Public Resources Code section 21083.3: aesthetics; agricultural resources; air quality; biological resources; cultural resources; geology and soils (fault rupture, seismic and geologic hazards, erosion, soils,); hazards/hazardous materials (use/disposal of hazardous materials, create hazard, exposure to hazardous materials, airport safety, emergency response); hydrology-water quality (water quality, groundwater, drainage, flood hazards); land use; mineral resources; noise (noise increases, vibration); population and housing; public services; recreation; transportation (conflicts with program or policy, hazardous design, emergency access); and utilities (water supply, wastewater treatment, solid waste disposal); and cumulative impacts.

The following project impacts have been analyzed and determined to result in no impact or to be less than significant due to substantial mitigation resulting from General Plan policies, zoning regulations and/or development standards that are uniformly applied to development projects throughout the City: forest resources; energy; geology and soils (paleontological resources); greenhouse gas (GHG) emissions; hazards/hazardous materials (wildfire hazards); hydrologywater quality (conflicts with plans); transportation (conflict with CEQA Guidelines-VMT); tribal cultural resources; and utilities (infrastructure); wildfire. Accordingly, the proposed project would not result in impacts peculiar to the project or the site or substantially more severe impacts than evaluated in the General Plan Update EIR, and no further review is necessary pursuant to Public Resources Code section 21083.3 and the State CEQA Guidelines section 15183, and no further environmental analysis is required.

NOW THEREFORE, the Monterey City Council declares as follows:

SECTION 2: The foregoing recitals are adopted as findings of the City Council as though set forth fully herein.

SECTION 3: Monterey City Code, Chapter 19, Licenses, Fees and Charges is hereby renamed as follows:

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Chapter 19. Business Licenses, Fees, and Charges
SECTION 4: Chapter 7, Reserved, is hereby renamed as follows:

Chapter 7. Health, Safety, and Welfare Business Regulations SECTION 5: Monterey City Code, Chapter 19, Article 3, Sections 19-90 through 19-100 are hereby recodified as Monterey City Code, Chapter 7, Article 1, Health Permits, Section 7-

1.00 through 7-1.10.

SECTION 6: Monterey City Code, Chapter 19, Article 5, Sections 19-105 through 19-121 are hereby recodified as Monterey City Code, Chapter 7, Article 2, Tobacco Retail License, Section 7-2.00 through 7-2.16.

SECTION 7: Monterey City Code, Chapter 22, Article 1, Sections 22-31 through 22-

31.16 are hereby recodified as Monterey City Code, Chapter 7, Article 3, Massage Establishments and Massage Therapists, Section 7-3.00 through 7-3.16.

SECTION 8: Monterey City Code, Chapter 22, Article 4, Section 22-39, Prohibiting Medical Marijuana Dispensaries, Delivery, and Cultivation, and Marijuana Dispensaries and Marijuana Sales, is hereby repealed in its entirety.

SECTION 9: Monterey City Code, Chapter 22, Article 1, Section 22-32 is hereby renumbered and recodified as Monterey City Code, Chapter 7, Article 5, Second Hand Dealers, Section 7-5.00.

SECTION 10: Monterey City Code, Chapter 22, Article 1, Section 22-34 is hereby renumbered and recodified as Monterey City Code, Chapter 7, Article 6, Regulation of Escort Services, Section 7.6.00.

SECTION 11: Chapter 7, Article 7 is added to read as follows:

ARTICLE 7. CANNABIS BUSINESS REGULATIONS
Sec. 7-7.00. Title.

This article shall be known as the Cannabis Business Regulations Ordinance.

Sec. 7-7.01. Purpose and Intent.

It is the purpose and intent of this article to: regulate commercial cannabis activity in the city, whether the cannabis is for medicinal or adult-use; to limit youth access and exposure to cannabis and cannabis products; allow cannabis businesses while imposing sensible regulations on commercial activities to protect the city’s residents, neighborhoods, and businesses from disproportionately negative impacts; create jobs and tax revenue for the city; and to protect the public’s health, safety, and welfare.

The provisions of this article are not intended to and shall not regulate the cultivation or possession of cannabis for personal use in full compliance with all applicable state laws at a person’s primary residence located in a zoning district that allows for residential uses.

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Sec. 7-7.02. Definitions.

For purposes of this article, the following words shall have the meanings ascribed to them by this section unless the context makes apparent another meaning was intended. Any reference to state statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.

A. “Applicant” means a person, or any officer, director, partner, or other duly authorized representative of an entity applying for a cannabis business permit.

B. “Cannabis” means all or parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds of such plants. “Cannabis” also means cannabis as defined by Business and Professions Code section 26001(f), Health and Safety Code section 11018, and by other state law.

C. “Cannabis business” means the activity of any natural or legal person, business, or collective in the City relating to cannabis, including but not limited to transportation, distribution, manufacture, compounding, conversion, processing, preparation, testing, storage, packaging, event organizing, delivery and sales (including both wholesale and retail sales) of cannabis, cannabis products, or cannabis accessories, whether or not carried on for gain or profit, whether for medical or adult use, and whether or not such business is licensed by the State. A cannabis business does not include any business the only relationship of which to cannabis or cannabis products is the production or sale of cannabis accessories. A cannabis business does not include cannabis cultivation.

D. “Cannabis business permit” means a regulatory license issued by the city to a cannabis business.

E. “Cannabis product” means any product containing cannabis or its derivatives, including, but not limited to, flowers, buds, oils, tinctures, concentrates, extractions, edibles, and products described in Health & Safety Code section 11018.1.

F. “City Manager” shall mean the City of Monterey City Manager or their designee.

G. “Competitive application” means the screening and selection process used when the number of retail cannabis business applications exceed the maximum number of retail cannabis business permits authorized.

H. “Delivery” means the transfer for any form of compensation of cannabis or cannabis products to a customer or caregiver at a location that is not a dispensary.

I. “Dispensing” means any activity involving the retail sale of cannabis or cannabis products from a retailer.

J. “Distributor’’ means a person engaged in procuring cannabis and/or cannabis products for sale to a dispensary, to a business engaged in delivery, or at another point of retail sale. “Distribution” means engaging in that conduct and a “distribution facility” is any real estate, whether or not improved, used in such conduct.

K. “Employee” means persons who are participating, whether directly or indirectly, in the Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 4, Packet Page 34

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cannabis business regulated under this article.

L. “Event organizer” means a person or commercial cannabis business who engages in the organizing and operating of a temporary cannabis event.

M. “Limited-access area” means an area in which cannabis is stored or held and is only accessible to a licensee and authorized personnel.

N. “Manager” means any person(s) designated by the commercial cannabis business to act as the representative or agent of the commercial cannabis business in managing day-to-day operations with corresponding liabilities and responsibility and/or the person in apparent charge of the premises where the commercial cannabis business is located. Evidence of management includes, but is not limited to, evidence that the individual has the power to direct, supervise, hire, and dismiss employees, control hours of operations, provide strategic direction, create policy rules, and purchase supplies.

O. “Medicinal cannabis” or “Medicinal cannabis product” have the same meaning as Business and Professions Code section 26001(al)(1).

P. “Owner” means any of the following, or a group or combination of any of the following, acting as a unit: a person with an aggregate ownership interest of 5 percent or more in the cannabis business applying for a permit under this article, whether a partner, shareholder, principal, member, or the like, unless the interest is solely a security, lien or encumbrance. For purposes of this section, “aggregate” means the total ownership interest held by a single person through any combination of individually held ownership interests in a cannabis business and ownership interests in an entity that has an ownership interest in the same cannabis business.

For example, a person who owns 2.5 percent of the stock in a cannabis business as an individual shareholder and 100 percent of the stock in an entity that owns 2.5 percent of the stock in the same cannabis business has a 5 percent aggregate ownership interest in the cannabis business.

Q. “Permittee” means a person or entity that has received a cannabis business permit and/or a temporary cannabis event permit from the city.

R. “Premises” has the same meaning as in Business and
Professions Code section 26001(at).

S. “Retailer” has the same meaning as in Business and Professions Code section 26001(ax).

T. “State license” means a license issued by the State of California Department of Cannabis Control (“DCC”), or other authorized state agency, under the MAUCRSA and any subsequent related State of California legislation, to engage in cannabis activity.

U. “Temporary cannabis event” means an event of limited duration, and located in a specific area, which allows the on-site sale and/or consumption of cannabis at the event, in compliance with Business and Professions Code section 26200(e) and this article.

V. “Temporary cannabis event permit” means a permit issued by the city to a DCC Type 14 license holder authorizing a temporary cannabis event at the Monterey County Fairgrounds.

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Sec. 7-7.03. Cannabis Businesses Prohibited Unless Specifically Authorized.

A. Except as specifically authorized by this article, or expressly made exempt from city regulation by state law, cannabis businesses are prohibited everywhere in the city.

B. No person shall engage in, conduct, or operate a cannabis business, or cause, allow, permit, or maintain a cannabis business on any real property within the city except as specifically authorized by this article and Chapter 38, Article 16D.

Sec. 7-7.04. Compliance with State and Local Laws.

Nothing in this article shall be construed as authorizing any actions that violate state law or local law with respect to engaging in, or in the operation of, a cannabis business. It shall be the responsibility of the permittees, owners, employees, and managers of a cannabis business to ensure that a cannabis business is, always, operating in a manner compliant with all applicable state and local laws, including any subsequently enacted state and local laws, or regulatory, licensing, certification standards or requirements, and any specific additional operating procedures or requirements.

Sec. 7-7.05 Cannabis Business Permit Required.

A. It shall be unlawful to engage in any cannabis business within the city unless the person has:

1. A valid cannabis business permit issued by the city pursuant to this article. a. Exception. Cannabis testing laboratories do not need a cannabis business permit. Rather, cannabis testing laboratories are required to have a use permit pursuant to City Code Chapter 38, Article 8, Section 38-99 et seq. It is unlawful for a Cannabis Testing Laboratory to operate without a use permit.

2. A valid state license issued by the DCC;

3. A valid cannabis business license tax registration certificate issued by the city pursuant to City Code, Chapter 19, Article 6;

4. A city zoning clearance for retail cannabis businesses pursuant to City Code, Chapter 38, Article 16D;

5. A temporary cannabis event permit issued by the city for a temporary cannabis event;

6. Paid in full all required fees and charges which shall be established by resolution of the City Council; and

7. Obtained any other applicable approvals, such as a city building permit.

B. It shall be unlawful to rent, lease, license, or otherwise permit any cannabis business at any location, structure, or vehicle in the city by a person that:

1. Does not have a valid cannabis business permit.

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2. Does not have a temporary cannabis event permit issued by the city for a cannabis event.

3. Does not have a valid use permit for operation of a cannabis testing laboratory.

4. Does not have a valid state license issued by the DCC; or

5. Is not in compliance with all applicable State and local laws and regulations pertaining to the cannabis activity.

Sec. 7-7.06 DCC License Types and Number Authorized.

A. The following DCC cannabis license types are authorized to operate in the city:

1. Storefront Retailer: Type 10A (adult-use) and/or Type 10M (medicinal).

2. Non-storefront Retailer: Type 9M (medicinal cannabis delivery required) or Type 9M and Type 9A.

3. Testing Laboratory: Type 8.

4. Distributor: Type 11 (authorized use is limited to distribution facility located outside of the city and distributing into the city).

5. Cannabis Event Organizer: Type 14 and Temporary Cannabis Events.

B. Cannabis license types not identified in Section 7-7.06(A) are prohibited in the city.

C. Number of Cannabis Businesses and Temporary Events Authorized.

1. Type 10 retail permits (adult use, medicinal, or both) are authorized to operate at no more than four locations in the city.

2. One Type 9 non-storefront retail permit is authorized to operate in the city and shall be required to deliver medicinal cannabis.

3. There is no limit on the number of Type 8 cannabis testing laboratory businesses allowed in the city.

4. There is no limit on the number of distributors (Type 11) with distribution facilities located outside of the city that distribute into the city.

5. There is no limit on the number of delivery (Type 10 or Type 9) businesses with retail stores located outside of the city that deliver into the city.

6. There is no limit on the number of cannabis event organizer (Type 14) businesses allowed in the city.

7. No more than two temporary cannabis event permits may be issued by the city per calendar year.

D. Each year following the city’s initial award of cannabis permits, if any, or at any Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 7, Packet Page 37

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time thereafter in the City Council’s discretion, the City Council may eliminate, increase, or decrease the number of permits which are authorized for issuance by amending this ordinance.

E. No person may have an ownership interest in more than one commercial cannabis business in the same DCC license category within the city.

Sec. 7-7.07. Location Limitations.

A. Cannabis retail businesses shall only locate in those zoning districts set forth in City Code Chapter 38, Article 16D (Zoning, Part III – Overlay District Regulations) and pursuant to the development standards set forth therein.

B. Cannabis testing laboratory businesses shall only locate in I-R- Industrial, Administration, and Research District zones.

C. A zone clearance shall be obtained for retail businesses before the city will issue a cannabis permit.

D. Retail cannabis zone clearance applications shall be accepted and reviewed by the Community Development Department during a predesignated period of time after the City Council’s selection of approved retail cannabis permittees. If more than one application for a zone clearance is received for the same zone, the Community Development Department will conduct a lottery drawing that is open to public view to select the permittee for that zone. This process is to ensure that all four zones have one storefront retail cannabis business.

E. Temporary cannabis events are only authorized to be held at the Monterey County Fairgrounds, located at 2000 Fairgrounds Road, Monterey.

Sec. 7-7.08. City Manager Authority.

The City Manager shall have the authority to adopt rules, regulations, and forms governing the implementation of this article. Cannabis businesses shall be required to comply with any rules, regulations, or standards adopted by the City Manager.

Sec 7-7.09. Retail Permit Application.

A. Every owner of a proposed retail cannabis business shall complete an application furnished by the City Manager’s Office. The person(s) authorized to sign on behalf of and legally bind the cannabis business shall print their name and sign the application under penalty of perjury. All applications shall be filled out completely and include the following:

1. Payment of fees.

2. Business plan. Describe the business operation plans and philosophy. Describe the quality of cannabis strains and derivative product offerings.

3. The address of the property on which the proposed business shall be located.

Applications may be accepted without having secured a physical business location; however; a physical location shall be required prior to the issuance of a zone clearance or a cannabis business permit by the city.

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4. The name, address, and contact information for the business owners(s) and the percentage of ownership interest held in the applicant entity. If the owner is a corporation, limited liability company, partnership or other type of entity, legal documents outlining the business structure shall be provided, along with the name, address, and phone number for each officer. The following documents, if applicable to the business structure, shall be provided: Articles of Incorporation, Articles of Organization, Certificate of Limited Partnership, Statement of Partnership Authority, and/or Fictitious Name Statements. All entities and individuals with a financial interest in the entity shall be disclosed to the city and may be considered owners of the cannabis business.

Ownership of any cannabis business operating in the city is a matter of public record.

5. Security plan. Provide a detailed security plan, which includes measures to be used to prevent unauthorized access, protect the physical safety of employees and surrounding properties, and protect against theft/loss of cannabis, cannabis products, and all other related materials and equipment. Identify surveillance equipment and locations, physical barriers, alarm systems, and storage of samples and records.

6. Transportation plan. Each cannabis business shall have a storage and transportation plan and describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, any hazardous materials that may be used by the business, and any currency.

7. Experience. Previous experience in a cannabis business that was subject to state cannabis regulation, or experience in a similarly state-regulated activity (by way of example and not limitation, alcohol sales).

8. Employee training, wages, and benefits, and compliance with local, state, and federal employee non-discrimination policies.

9. Ability to conform with the city’s general plan, any applicable specific plans, and design standards.

10. Steps the cannabis business will take to ensure the cannabis it receives is sourced from cultivators that provide safe working conditions and pay wages to laborers for work performed.

11. Steps the cannabis business will take to reduce the carbon footprint of cannabis by reducing greenhouse gas emissions.

12. Community engagement including past, present, or planned activities that demonstrate how the cannabis business plans to integrate into the community, and involvement in local non-profits/charitable/volunteer organizations.

13. Description of accounting software system to provide point of sale data and audit trails of both product and cash.

14. Demonstrate how compliance with the state’s track and trace system for cannabis and cannabis products will be achieved.

15. Additional information that demonstrates a connection to the city, ability to serve the city, familiarity with the city, and innovative business models consistent with the city’s community.

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16. An executed release of liability and hold harmless in the form set forth in the city’s application form.

B. All information submitted by applicants shall be true, correct, whole, and free of any material misrepresentation or omission.

C. If any items required by the application are not met or provided, the City Manager may notify the applicant of the deficiency in writing, after which the applicant will have 10 business days from the date of the notice to correct the deficiency.

D. The city reserves the right to reject any or all applications for a cannabis permit. Persons submitting applications assume the risk that all or any part of this code authorizing cannabis businesses may be repealed at any time prior to license issuance.

E. Pursuant to California Penal Code sections 11105(b)(11) and 13300(b)(11), which authorizes city authorities to access state and local summary criminal history information for cannabis employment, licensing, or certification purposes and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner or employee must submit fingerprints and other information deemed necessary by the Chief of Police or their designee for a background check by the City of Monterey Police Department and/or its agents or employees.

F. Prior to cannabis business permit issuance, the city may modify, postpone, or cancel any request for applications, at any time without liability, obligation, or commitment to any party, firm, or organization, to the extent permitted under California law. Persons submitting applications assume the risk that all or any part of the cannabis business permit program, or any category of cannabis business potentially authorized under this article, may be cancelled at any time prior to permit issuance. The city further reserves the right to request and obtain additional information from any candidate applying.

Sec. 7-7.10. Retail Application Period.

Storefront and Non-Storefront Retail Sales. There shall be an initial 45-day storefront and nonstorefront retail application screening period to be determined by the City Manager. Subsequent screening application periods shall commence upon certification by the City Manager that additional cannabis permits are available and shall close 45 days after such certification. Should the number of applications submitted during the initial 45-day permit screening period exceed the maximum number of storefront and/or non-storefront retail cannabis business permits authorized, the competitive procedure set forth in Section 7-7.11 shall be utilized to award those permits. Otherwise, the applications are processed under Section 7-7.12.

Sec. 7-7.11. Retail Competitive Application Review, Selection, and Waitlist.

A. Applications that meet the criteria for permit approval set forth in Section 7-7.12 shall be reviewed and scored by a qualified consulting firm. The consulting firm will rank all applications and will forward up to eight of the top ranked storefront cannabis retail applications, and up to three of the top ranked non-storefront retail applications (with mandatory medicinal cannabis delivery) to the Selection Committee for consideration. The Selection Committee shall be an ad hoc committee comprised of the Mayor and Vice Mayor and staffed by the City Manager or Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 10, Packet Page 40

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designee. The Selection Committee will select the final four storefront cannabis retailers and one non-storefront retailer to recommend to the City Council for approval. The Selection Committee shall score each application based on the general criteria listed under subsection (C), below. The specific criteria and weighting (points per criteria) will be determined prior to the commencement of the initial screening application period and posted publicly. Each application will be independently scored by the consulting firm and the Selection Committee members utilizing a point system scale. There shall be no right to appeal the ranking and/or scoring of applications.

B. General Ranking Criteria. The objective review criteria shall include at a minimum the following elements and the City Manager may establish additional elements in their discretion to be included in the objective review criteria to select the most qualified applicants:

1. Community engagement;

2. Local business partnerships; and

3. Sustainable business practices that will reduce greenhouse gas emissions.

The City Manager may establish additional elements in their discretion to be included in the objective review criteria to select qualified applicants.

C. The scores awarded by the application evaluation committee shall be totaled and averaged for each applicant. The applicants shall then be ranked from highest to lowest based on their scores.

D. The top four applicants for storefront retail, and top applicant for non-storefront retail, based on points, or applicants applying for vacated licenses, are to be approved by the City Council pursuant to Section 7-7.12.

Sec. 7-7.12. Retail and Cannabis Business Permit Issuance.

A. The City Council, after receiving the application and the required information, shall grant the retail or testing laboratory permit if it finds all the following:

1. Granting the permit would not exceed the number of cannabis businesses authorized under Section 7-7.06(C).

2. The applicant has not knowingly made a material misrepresentation or omission in the application.

3. The applicant has not had a cannabis business permit denied or revoked by the state, county, city, city and county, or any other state within five years of the date of the application.

4. The cannabis business, as proposed by the applicant, would comply with all applicable provisions of state law and this code, including but not limited to this article, and all health, zoning, fire, and safety requirements.

5. No grounds for denial exist under Section 7-7.13.

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B. Applicants that are approved by the City Council and have obtained a zone clearance from the city, may be issued a cannabis permit. Any permit awarded under this section may include conditions of approval requiring the cannabis business permittee to comply with the objective review criteria set forth in its application.

C. If any of the selected storefront or non-storefront retail applicants fail to exercise a cannabis business permit under the time specified in Section 7-7.12(H), all rights to the permit shall terminate and be forfeited.

D. If the City Council authorizes additional cannabis businesses, or if any of the top four ranked applicants have not exercised a storefront or non-storefront retail commercial cannabis permit within 12 months after selection, or within 18 months if the City Manager granted an extension under Section 7-7.12(H), the City Manager shall invite the next ranked applicant from the results of the City’s initial screening application process in the applicable license category to apply for City Council approval of a cannabis permit; however, the waitlist shall expire on January 1, 2026. Once the waitlist applicant is notified of the right to apply for a vacant permit, the applicant shall secure a permit within the time frame specified in Section 7-7.12(H). If the waitlist applicant fails to exercise a cannabis business permit within that time, they are removed from the waitlist.

E. To the fullest extent permitted by law, the city shall not assume any liability whatsoever with respect to having issued a cannabis business permit pursuant to this article or otherwise approving the operation of any cannabis business. As a condition to the approval of any cannabis business permit, the applicant shall be required to meet all the following conditions prior to receiving the cannabis business permit:

1. Execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant’s sole cost and expense), and hold the City of Monterey, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the city ’s issuance of the cannabis business permit, the city’s decision to approve the operation of the cannabis business or activity, the process used by the city in making its decision, or the alleged violation of any federal, state or local laws by the cannabis business or any of its officers, employees or agents. The permittee will sign an acknowledgement that the permit is expressly limited in term without a right to renewal.

2. Maintain insurance at coverage limits determined necessary and appropriate from time to time by the City’s Risk Manager or designee.

3. Reimburse the city for all costs and expenses, including but not limited to legal fees and court costs, which the city may be required to pay because of any legal challenge related to the city’s approval of the applicant’s cannabis business permit or related to the city’s approval of a cannabis activity. The city, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any of the obligations imposed hereunder.

F. Duration.

1. A cannabis business permit is valid for one year from the date of issuance and renewal of the permit is not guaranteed.

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2. A cannabis business permit must be renewed by the permittee annually. A permittee may apply for a renewal of a permit 60 calendar days prior to the expiration of the permit.

3. Permit renewals shall be granted if the information upon which the original application was granted remains unchanged, no violations of this article have been committed, the renewal fee is paid, and the City Council has not reduced the number or eliminated cannabis businesses as an authorized use. In all other situations, the City Manager shall approve or deny the application within 60 calendar days. A cannabis business may continue to operate under the terms of the previous permit if a timely renewal application has been received and is awaiting a determination by the City Manager.

4. If a renewal cannabis business permit application is not timely filed, or the required fees are not paid prior to the expiration date of the permit, the permit shall be deemed expired and no privilege to operate a cannabis business shall exist after the expiration date.

5. The City Manager is authorized to impose additional conditions to a renewal license to ensure compliance with state or local laws or to preserve the public health, safety, or welfare.

6. If a renewal application is denied, one year from the date of the denial, a person may file a new application at the next permit application screening period set forth in Section 7-7.10.

G. Cannabis permits issued under this article are valid only as to the approved permittee at the specified approved location, and is nontransferable to other persons, entities, projects, or locations. The assignment of or the attempt to assign any permit issued pursuant to this article is unlawful and any such assignment or attempt to assign a permit shall render the permit null and void. A cannabis business shall be deemed to have transferred to a new owner within the meaning of this section if person(s) or entities with controlling interest at the time the cannabis business permit was first issued ceases at any time to possess or control ownership interest and/or an ownership interest of less than 51%.

H. A cannabis business permit shall be exercised within 12 months of issuance. Upon a showing of significant and diligent progress towards exercising the cannabis business permit, the City Manager may provide one six-month extension of time. A cannabis business permit shall be considered exercised when any of the following occur:

1. A Certificate of Occupancy has been issued.

2. The permitted use has commenced on the site.

3. A city Building Permit is secured, and construction lawfully commenced.

I. Prior to commencing operations, a cannabis business permittee shall be subject to a mandatory building inspection.

J. The permittee may apply to amend the permit on a form provided by the City Manager.

The application shall not be granted unless the city determines that the terms of the amended permit comply with all requirements of this article and all other state and local laws. An Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 13, Packet Page 43

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amended permit shall retain its original expiration date. A cannabis business may continue to operate under the terms of the previous permit while an application for an amended permit is awaiting a determination.

K. No permittee may operate a commercial cannabis business under any name other than the name specified in the permit and business license certification without first obtaining approval to amend the permit pursuant to Section 9-7.12(J).

Sec. 7-7.13. Retail Cannabis Business Permit Denial.

An application for a retail cannabis business permit shall be denied by the City Manager if any of the following findings are made:

A. It contains false or misleading information.

B. It does not meet the requirements of the city code or other applicable laws.

C. It was received after the submission deadline.

D. It was not fully responsive to the request for a permit application.

E. Applicant failed to exercise a cannabis business permit within the time frame established in Section 7-7.12(H).

F. The applicant, or any existing or prospective manager, is not at least 21 years of age.

G. The applicant, or any existing or prospective manager, has had a similar type of license previously revoked or denied within five years immediately preceding the permit application in the City or other jurisdiction in California.

H. The applicant, or any existing or prospective manager, was notified within five years immediately preceding the permit application by the state, county, city, or city and county, that it was conducting cannabis activity in violation of state or local laws and failed to cure the violation in a timely manner.

I. The applicant, or any existing or prospective manager, is delinquent in payment of federal, state, or local taxes and/or fees.

J. Pursuant to California Penal sections 11105(b)(11) and 13300(b)(11), which requires exclusion from cannabis employment, licensing or certification based on specific criminal conduct on the part of the subject of the record, no person shall be issued a permit to operate a cannabis business or be allowed to work in a cannabis business unless they have first cleared the background check, as determined by the Chief of Police or their designee(s).

Evidence of a conviction of any of the offenses enumerated in Business and Professions Code section 26057(b)(4), absent the issuance of a Certificate of Rehabilitation pursuant to Penal Code section 4852.05, shall be grounds for immediate disqualification of the applicant.

K. If an applicant is denied a license due to a disqualifying factor including, but not limited to, failing a background check or not complying with any state, or local jurisdictions regulatory requirements in which legal or administrative action has been taken, a new application may not be filed by the applicant for one (1) year from the Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 14, Packet Page 44

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date of the denial. This section shall not apply to an approved applicant not awarded a license resulting from the city not selecting them in an application process with a finite number of available licenses.

Sec. 7-7.14. Modification, Suspension, or Revocation of Cannabis Business Permits.

A. Any cannabis business permit issued pursuant to this Article may be modified, suspended, or revoked when the City Manager finds that any of the following have occurred on even a single occasion:

1. For any violation of this article, any state or local laws, rules, and/or any standards, policies, procedures, or regulations adopted pursuant to this article relating to the cannabis businesses.

2. Where the permittee, cannabis business, and/or any owner, manager, or employee has violated the terms and provisions of the cannabis business permit.

3. The permittee or any person employed or retained by the commercial cannabis business has been convicted of any of the offenses enumerated in Business and Professions Code section 26057(b)(4), absent a Certificate of Rehabilitation.

4. The permittee has been subject to a temporary or permanent injunction against the conducting or maintaining of a nuisance pursuant to the City Code or Section 11225 through 11235 of the California Penal Code, or any similar provision of law.

5. A permit has been granted on false or fraudulent evidence, testimony, or application.

6. The permittee or any employee of the cannabis business has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for the cannabis business.

7. The permittee has continued to operate the cannabis business after the permit has expired or been suspended.

8. When the City Manager determines there to be an imminent threat to public health, safety or welfare, the City Manager may take immediate action to temporarily suspend a Cannabis Business License issued by the city.

9. When the preservation of the public health, safety, or welfare necessitate revocation of the permit.

10. The failure of a cannabis retail or testing laboratory cannabis business to operate for 120 continuous days for any reason. If the cannabis business has not been in regular and continuous operation in the preceding 120 days at the permitted location, the cannabis business permit shall be deemed to be not in good standing, abandoned, and null and void.

B. A decision of the city to modify, suspend, or revoke a cannabis business permit is appealable as set forth in Section 7-7.17.

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Sec. 7-7.15. Effect of State License Suspension, Revocation or Expiration.

A. Suspension, revocation, or expiration of a DCC license shall immediately suspend the ability of that cannabis business to operate within the city and shall serve to suspend the cannabis business permit. Should the DCC license remain suspended or expired for 120 days or longer, the cannabis permit shall expire and be of no further force and effect. Should the DCC revoke or terminate the license of a cannabis business for cause, such revocation or termination shall also serve to revoke or terminate the city issued cannabis business permit and the ability of the permittee, including any owner or manager thereof, to operate any cannabis business within the city for a period of five years from the date of such revocation or termination. If the DCC reinstates or reissues the license within 120 days of the DCC suspension or expiration, the cannabis business may seek reinstatement of its city permit if the business can demonstrate that the grounds for suspension or revocation of the license by the DCC no longer exist or that the underlying deficiency has otherwise been cured. Any cannabis business permittee shall inform the City Manager of any suspension or revocation of a state license within two days.

B. A permittee shall have no right to appeal the suspension or revocation of a cannabis business permit that is based on the status of their state license, provided, however, an owner or manager thereof may appeal the term of their prohibition from operating another cannabis business in the city. Such appeal shall be based on the hearing procedures set forth in Section 7-7.17. The burden shall always be on the appellant to show good cause why the term of the prohibition should be less than five years.

Sec. 7-7.16. Effect of DCC Revocation or Nonrenewal on Property Owner.

If a retail or testing laboratory cannabis business permit is revoked or not renewed because of violations, no cannabis business permit may be issued at that location for a period of five years from the date of the revocation or nonrenewal. A property owner may appeal their prohibition from operating another cannabis business in the city at that location. Such appeal shall be based on the hearing procedures set forth in Section 7-7.17. The burden shall at all times be on the appellant to show good cause why the prohibition should be reversed or modified.

Sec. 7-7.17. Notice, Hearing, and Appeal.

A. Appeals relating to denial of an application, the decision of the city to revoke, suspend or modify a permit, or to deny renewal of an application for a permit; or to add conditions to a permit, or under Sections 7-7.15 or 7-7.16 shall be conducted as prescribed in this section.

There is no right to appeal the ranking and/or screening of applications under Section 7-7.11.

B. Any person who has been denied a cannabis business permit; any person whose application for an amended cannabis business permit has been denied; or any person whose privilege to operate a cannabis business has been modified, suspended, or revoked shall be notified in writing by means of registered mail, certified mail, email, or hand delivery of the City Manager’s decision as well as the person’s right to request a hearing under subsection (D) of this section.

C. Notwithstanding the foregoing, the City Manager may immediately suspend a cannabis business permit without a prior hearing if they determine that the operation of the cannabis business constitutes an immediate and significant threat to the public health, safety, or welfare.

In such a case, if requested, the Appeals Hearing Board shall conduct the hearing following the suspension.

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D. A request for a hearing before the Appeals Hearing Board shall be in writing and shall be made within 10 calendar days from the date of the decision to deny, suspend, revoke, or modify the permit. If no hearing request is made within this time period, the City Manager’s notice of denial, revocation, suspension, or modification shall become final and shall go immediately into full force and effect.

E. Upon receiving a written request for hearing, the Appeals Hearing Board shall set a time and place for the hearing not less than 10 days or more than 60 days thereafter. The applicant or permittee shall be notified of the hearing by means of registered mail, certified mail, email, or hand delivery at least five days before the hearing date.

1. Apart from an immediate suspension under subsection (C), in the event a written notice of appeal is timely filed, the nonrenewal, suspension, or revocation shall not become effective until a final decision has been rendered and issued by the Appeals Hearing Board. Notices of appeal not served in a timely manner or served by nonoperational business shall not serve to allow such business to operate pending appeal.

2. If no appeal is timely filed in the event of a decision of nonrenewal, the cannabis businesses permit shall expire at the conclusion of the term of the permit. If no appeal is timely filed in the event of a decision supporting modification, suspension, or revocation, the decision shall become effective upon the expiration of the period for filing a written notice of appeal.

F. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and crossexamine witnesses. Formal rules of evidence shall not apply; any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Except for appeals under Section 7-7.15 and 7-7.16, where the appellant carries the burden of proof, the city shall have the burden of proof of any violations by a preponderance of the evidence. Any hearing under this section may be continued for a reasonable time for the convenience of a party or witness. If the applicant or permittee fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for the denial, suspension, revocation, or restriction of the permit shall be considered conclusively established.

G. Within 30 days of the hearing, the Board shall issue a written decision specifying the reasons for the decision, which shall be delivered by either registered mail, certified mail, email, or hand delivery to the applicant or permittee. The decision of the Board shall be final and shall be subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure section 1094.6.

Sec. 7-7.18. Retail Cannabis Business Operational Requirements.

A. General Operating Requirements.

1. Restriction on Sales and Consumption. Cannabis shall not be consumed by any person on the premises of cannabis businesses.

2. No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or tobacco on or about the premises of the cannabis business.

3. No persons under the age of 21 years shall be allowed on the premises of a Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 17, Packet Page 47

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cannabis business.

4. Inspections. The investigating officials of the city and its authorized agents shall have the right as otherwise provided for by law to inspect a cannabis business during regular business hours, without notice and without a search or inspection warrant, to ascertain whether there is compliance with the provisions of this article and state law.

5. Records.
a. Each owner and operator of a cannabis business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities for a period not less than seven (7) years. On no less than an annual basis (at or before the time of the renewal of a cannabis business tax registration certificate issued pursuant Chapter 19, Article 7), or at any time upon reasonable request of the city, each cannabis business shall file a sworn statement detailing the number and amount of sales by the cannabis business during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross sales for each month, and all applicable taxes and/or fees paid or due to be paid. On an annual basis, each owner and operator shall submit to the city a financial audit of the business’s operations conducted by an independent certified public accountant. Each licensee shall be subject to a regulatory compliance review and a gross receipts financial audit, where applicable, as determined by the city. b. Each owner and operator of a cannabis business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the cannabis business, and separately of all the officers, managers, employees, agents, and volunteers currently employed or otherwise engaged by the cannabis business.

The register required by this paragraph shall be provided to the City Manager upon request.

6. Security. The cannabis business permittee shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the premises. Except as may otherwise be determined by the City Manager, these security measures shall include, but shall not be limited to, all the following:
a. Sensors installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services. b. Panic buttons with direct notification to the Police Department dispatch and shall be configured to immediately alert dispatch for the Police Department. c. A professionally installed, maintained, and monitored real-time alarm system by a security company licensed by the State of California Bureau of Security and Investigative Services. The permittee shall be required to obtain an alarm permit from the Police Department. Upon request, permittee shall make available to the Police Department all information related to the alarm system, Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 18, Packet Page 48

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monitoring, and alarm activity.
d. Windows and roof hatches shall be secured from the inside with effective means so as to prevent unauthorized entry and shall be equipped with latches or a similar mechanism that may be released quickly from the inside to allow exit in the event of an emergency.
e. Each cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
f. Secured Doors. All areas of the business that are not open to the public shall be secured from unauthorized entry by closed and locked doors during public operating hours.
g. Surveillance records shall be maintained for a minimum of one year and shall be made available within 24 hours at the request of the City Manager, Police Chief, or their designee.
h. Each cannabis business shall identify a designated security representative/liaison to the City, who shall be reasonably available to meet with the City Manager regarding any security related measures and/or operational issues.
i. A cannabis business shall immediately notify the Monterey Police Department after discovering any of the following:
i. Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Manager.
ii. Diversion, theft, or loss.
iii. The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the cannabis business. iv. Any other breach of security.

7. Emergency Contact. Each cannabis business shall provide the City Manager with the name and telephone number (both land line and mobile) of an on-site manager or owner to whom emergency notice can be provided at any hour of the day or night.

8. Signs and Notices.
a. Business identification signage for a cannabis business shall conform to the requirements of Chapter 31 Signs, including, but not limited to, seeking the issuance of a City sign permit.
b. Each entrance to a cannabis business shall visibly post a sign that persons under the age of 21 years are not permitted to enter the premises.

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c. Each entrance to a cannabis business shall visibly post a sign, consistent with City Code section 22-29(d), that smoking within 20 feet of the areas adjacent to the cannabis business is prohibited.
d. The cannabis business permit issued by the city pursuant to this article and the city-issued cannabis business license certificate shall be posted inside the cannabis business in a conspicuous and public location.

9. Odor control. All cannabis business shall provide an air treatment system that ensures off-site odors shall not result from its operations. This requirement at a minimum means that the facility shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location is not detected on adjacent properties or public rights-of-way, or within any other unit located within the same building as the cannabis business if the cannabis business occupies only a portion of a building.

10. Background check. Every owner, manager, supervisor, or employee of the cannabis business must submit fingerprints and other information necessary deemed by the City Manager for a background check by the Police Department and/or its agents and employees to verify that person’s criminal history pursuant to the requirements of this article.

11. No cannabis business shall provide or cause to be provided any free samples of cannabis goods to any person within the city.

12. Each cannabis operator shall establish minimum training standards for all employees. The City Manager shall have the discretion to require other training for the business operations should the City identify deficiencies or non-compliance issues with City or state requirements.

13. Each cannabis business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the cannabis business can be provided. Each cannabis business shall also provide the above information to all businesses and residences located within three hundred (300) feet of the cannabis business within 30 days of commencing operations.

14. Each cannabis business shall have an on-site manager present during business hours.

B. Additional Operating Requirements for Storefront Retail Sales. In addition to requirements set forth in subsection (A) (General Operating Requirements), every storefront retail sales cannabis business shall comply with the following:

1. A storefront retailer shall not conduct sales exclusively by delivery.

2. A storefront retailer shall not provide cannabis to an individual in excess of the amount that is consistent with personal possession and use limits allowed by the state.

3. Ancillary manufacturing and cultivation at the premises are not permitted.

4. Retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on-site in the retail sales area of the retailer.

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Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access.

5. All restroom facilities shall remain locked and under the control of management.

6. Retailers shall only serve customers who are within the permitted premises, or at a delivery address that meets the requirements of this division.

7. The sale and delivery of cannabis goods shall not occur through a pass-through window or a slide-out tray to the exterior of the premises.

8. Retailers shall not operate as or with a drive-in or drive-through at which cannabis goods are sold to persons within or about a motor vehicle.

9. No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle.

10. Retailers shall record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.

11. Limited Access Areas. A retailer shall establish limited-access areas and permit only authorized individuals to enter the limited-access areas. Authorized individuals include individuals employed by the retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area.

A retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the City Manager, Chief of Police, or their designees upon request.

12. Storefront hours that are open to the public shall be limited to the hours of 9:00 a.m. through 9:00 p.m. seven days a week.

13. Deliveries of Medical Cannabis. Medical cannabis may be delivered to individuals aged 18 and older who possesses a valid government-issued identification card, and either a valid county-issued identification card under Health and Safety Code section 11362.712 or a physician’s recommendation for themselves or for a person for whom that person is a primary caregiver.

C. Additional Operating Requirements for Non-Storefront Retail (Delivery Only) Facilities

1. A non-storefront retailer permittee shall be required to deliver medicinal cannabis.

2. The permitted premises of a non-storefront retailer shall be closed to the public.

3. A non-storefront retailer permittee shall comply with all the requirements applicable to retailer permittees, except for those provisions related to public access to the licensed premises and the retail area.

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possesses a valid government-issued identification card, and either a valid countyissued identification card under Health and Safety Code section 11362.712 or a physician’s recommendation for themselves or for a person for whom that person is a primary caregiver.

Sec. 7-7.19. Permit and Operating Requirements for Distributors with Distribution Facilities Located Outside of the City and Distributing Inside the City.

Prior to distributing cannabis inside the city, a cannabis distributor business with a distribution facility located outside of city limits shall complete an application furnished by the City Manager and obtain a cannabis business permit from the city by complying with the following requirements:

A. Register pursuant to Monterey City Code, Chapter 19, Article 6 and obtain a cannabis business license tax registration certificate. A copy of this certificate shall be retained by all drivers.

B. The distributor business shall provide the City Manager with evidence of a valid DCC license and local license/permit for a cannabis business on whose authorization the delivery service is performing the delivery function.

C. Payment of fees.

D. The following sections of this Article apply to cannabis distributor businesses with distribution facilities located outside of the city:

1. Section 7-7.12(E) - indemnity

2. Section 7-7.12(F) – duration

3. Section 7-7.12(G) – permit not transferrable

4. Section 7-7.12(J) – amendments

5. Section 7-7.12(K) – name changes

6. Section 7-7.14 – modification, suspension, or revocation of permit

7. Section 7-7.15 – state permit suspension

8. Section 7-7.17 – notice, hearing, and appeals
Sec. 7-7.20. Permit and Operating Requirements for Retailers with Stores Located Outside of the City and Delivering Inside the City.

Prior to commencing delivery operations inside the city, a cannabis retail business with stores located outside of city limits shall complete an application furnished by the City Manager and obtain a cannabis business permit from the city by complying with the following requirements:

A. Register pursuant to Monterey City Code, Chapter 19, Article 6 and obtain a cannabis business license tax registration certificate. A copy of this certificate shall be retained by all drivers.

B. The retail business operating the delivery service shall provide the City Manager with evidence of a valid DCC license and local license/permit for a cannabis business on whose - authorization the delivery service is performing the delivery function.

C. Payment of fees.

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D. The following sections of this Article apply to cannabis distributor businesses with distribution facilities located outside of the city:

1. Section 7-7.12(E) - indemnity

2. Section 7-7.12(F) – duration

3. Section 7-7.12(G) – permit not transferrable

4. Section 7-7.12(J) – amendments

5. Section 7-7.12(K) – name changes

6. Section 7-7.14 – modification, suspension, or revocation of permit

7. Section 7-7.15 – state permit suspension

8. Section 7-7.17 – notice, hearing, and appeals
Sec. 7-7-21. Temporary Cannabis Events.

A. Any person applying for a temporary cannabis event permit must obtain a DCC cannabis event organizer license, a DCC temporary cannabis event license, and a valid cannabis business license tax registration certificate issued by the city pursuant to Monterey City Code, Chapter 19, Article 6 prior to the event. All licenses and permits required under state and local law shall be obtained prior to the event and shall remain in full force and effect throughout the duration of the event.

B. An application for a temporary cannabis event permit shall be submitted by the Cannabis Event Organizer to the City Manager no less than 45 calendar days before the first day of the temporary cannabis event. The application shall contain the list of DCC licensees participating in the event.

C. Conditions. A temporary cannabis event permit holder and all retailers participating in the temporary event shall comply with all conditions required under state and city licenses and permits, in addition to, and not limited to, the following conditions:

1. Follow all state law requirements authorizing onsite cannabis sales and consumption at temporary events. Consumption must be expressly authorized in the DCC license, or the license if only valid for the sale of cannabis by retailers at the event.

Only retailers can sell cannabis during an event. All event organizers and retailers must have a valid cannabis business license tax registration certificate issued by the city pursuant to Monterey City Code, Chapter 19, Article 6.

2. Only distributors permitted under Section 7-7.19 can transport cannabis to a temporary cannabis event.

3. Retailers must have a specific location from which they make sales. No retailers may sell cannabis goods from a mobile cart or from a non-designated location.

4. If consumption is allowed at the event, it shall occur only in a designated area.

On-site emergency medical care may be required at the discretion of the city.

5. Event organizers shall provide adequate security to ensure the safety of persons and always protect the premises from theft in conformance with the security plan submitted with a permittee’s application. Event organizers shall provide a security guard patrol surrounding the event during all hours of operation as determined by the city.

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6. City of Monterey Police Officers, City of Monterey Code Enforcement Officers, Monterey County Sheriff’s Deputies, or other agents or employees of the City requesting admission for the purpose of determining compliance with these standards shall be given unrestricted access.

7. The city may require the event organizer and all participants to cease operations without delay if, in the opinion of the city or law enforcement, it is necessary to protect the immediate health and safety of the public. Upon notification from the city that the event is to cease operations, the event organizer shall immediately stop the event and all participants shall be removed from the temporary cannabis event premises within the time frame provided by the city.

8. Upon notification from the city, the event organizer shall immediately expel from the event any person selling cannabis without a license from the DCC and/ or the city.

The event organizer or their representative shall remain with the person being expelled from the premises at all times until they vacate the premises. If the person does not vacate the premises, the city may inform the event organizer that the event must cease operations. Upon notification from the city that the event is to cease operations, the event organizer shall immediately stop the event and all participations shall be removed from the temporary cannabis event premises within the time frame provided by the city.

D. Discretionary Grant or Denial. The City Manager may grant a temporary cannabis event permit in their reasonable discretion, or may deny a temporary cannabis event permit in their reasonable discretion based on one or more of the following findings:

1. The applicant has not sufficiently established that the sale or consumption of cannabis or cannabis products at the event would comply with applicable state and city laws;

2. The applicant has not sufficiently established that the sale or consumption of cannabis or cannabis products at the event would be consistent with public health or public safety;

3. The applicant has not sufficiently established that the sale or consumption of cannabis or cannabis products at the event would not have adverse impacts on nearby neighborhoods or public spaces;

4. The applicant has not taken steps sufficient to reasonably ensure that the only individuals and/or entitles that will provide onsite sales of cannabis goods at the proposed event are those that have been identified on the application as holding a DCC retail permit;

5. The applicant has provided materially false or incomplete information in support of the application;

6. There is insufficient time to process the permit application adequately in advance of the proposed event;
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7. If the Monterey Police Department has insufficient staff available to cover other special events (e.g., car week) and patrol or respond to calls for service at a temporary cannabis event at the Monterey County Fairgrounds.

8. The event is on or within ten (10) days of a special event permit issued by the City that is assigned four or more officers per day;

9. When vacancies (including absences due to vacations, injuries, etc.) for sworn positions in the police department are at or above 20%.

10. There is other good cause to deny the permit.

Sec. 7-7.22. Existing Cannabis Operations.

Any existing cannabis business that does not hold a cannabis business permit from the city at the time of the effective date of this article or after is not in compliance with the Monterey City Code and shall immediately cease operations.

Sec. 7-7.23. Penalty for Violation.

Any person violating or failing to comply with any of the provisions of this article shall be guilty of a misdemeanor and any violation of this article is hereby deemed a public nuisance. Every person who violates any provision of this article may also be subject to administrative citations under Sections 1-9 through 1-9.12 and/or compliance orders under Section 1-10 through 1-

10.20, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violations of this code. A compliance order may require the property owner to provide notice.

Sec. 7-6-24. License Holder Responsible for Violations.

The person to whom a license is issued pursuant to this Chapter shall be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of the City, whether committed by the licensee or any employee or agent of the licensee, which violations occur in or about the premises of the Cannabis Business whether said violations occur within the license holder’s presence.

Sec. 7-6.25. No Vested Rights.

A. No person(s) (including any applicant, owner, and/or permittee) shall have any vested rights to any permit, right, and/or interest under this article, regardless of whether such person(s) sold, distributed, and/or otherwise engaged in acts related to the use of cannabis prior to the adoption of the ordinance codified in this article.

B. Should the City Council decrease the number of cannabis business permits, the cannabis business permits chosen for nonrenewal will be determined by lottery. Any permittee in good standing that is selected for nonrenewal through the lottery will have a one-year grace period following the scheduled expiration of their existing term, at which time the permit will sunset and be null and void.

SECTION 12: Monterey City Code, Chapter 38, Article 2, Section 38-6(C) is amended to insert the following base district designator, name, and article above the AP AdministrativeCouncil Regular Meeting, 11/21/2023, Item No. 5., Item Page 25, Packet Page 55

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Professional Overlay District 12:

Base
District
Designator Base District Name Article
PC-D Planned Community Downtown 11
PC-LH Planned Community Lighthouse 11
PC-NF Planned Community North Fremont 11
SECTION 13: Monterey City Code, Chapter 38, Article 2, Section 38-6(C) is amended to insert the following base district designator, name, and article below the SC Planning Commercial Overlay District 16:

Base
District +
Designator Base District Name Article
RA Religious Assembly in the Garden Rd. I-R-130 Zoning District Overlay District 16A ES Emergency Shelter Overlay District 16B
MF Multifamily Residential Overlay District 16C
CB Cannabis Business Overlay District 16D
SECTION 14: Monterey City Code, Chapter 38, Article 3, Section 38-11, is hereby amended to add the following definitions, to be inserted in the list of definitions in alphabetical order. These definitions apply to this Chapter and shall prevail over any inconsistent definitions in the City Code.

Day Care Center: has the same meaning as in Health & Safety Code section 1596.76.

Playground: has the same meaning as in Health & Safety Code section 11353.1(e)(1).

School: has the same meaning as “Educational Institution” as defined in Education Code section 210.3.

Youth center: has the same meaning as Health & Safety Code section 11353.1(e)(2).

SECTION 15: Monterey City Code, Chapter 38, Article 16D is hereby added to read as follows:

Sec. 38-99.8. CANNABIS BUSINESS OVERLAY DISTRICT.

A. Specific Purposes. The Cannabis Business Overlay District is intended to facilitate the regulation, location, and development of cannabis businesses in the city.

B. Applicability and Zoning Map Designator. The Cannabis Business Overlay District shall be shown on the Zoning Map by adding a CB to the base district designator. It may be Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 26, Packet Page 56

Page 27 of 28 ends

combined in any Commercial (C) district to the properties shown in Appendix A to the ordinance codified in this article.

1. There are four storefront retail cannabis businesses allowed, one in each overlay zone as follows:
a. CB1: Lighthouse and Foam Street area, shown on Appendix A, except that no cannabis business shall have a retail frontage on any cross street with Lighthouse Avenue or Foam Street;
b. CB2: the Downtown District, shown on Appendix A, except that no cannabis business shall have a retail frontage on Alvarado Street; c. CB3: Wave Street area, shown on Appendix A, except that no cannabis business shall have a retail frontage on any cross street with Wave Street or allow public access from the Recreation Trail; and
d. CB4: on North Fremont Street, between Airport Road and Palo Verde Avenue, as shown on Appendix A.

2. One non-store front cannabis business is permitted in any one of the four cannabis business overlay zone.

3. The cannabis business overlay zone designation applies to new lots created by a lot split or other division of a lot with the cannabis business overlay zone designation.

4. Cannabis testing laboratories are not restricted to Cannabis Business Overlay Districts and may locate in any I-R zone.

C. Zoning clearance consistency review. A cannabis business must meet land use and building standards pursuant to Chapter 9, Chapter 26, Chapter 31, and Chapter 38 of this Code, including:

1. Conform with the City’s general plan, any applicable specific plan, master plan, and design requirements.

2. Comply with all applicable zoning and related development standards.

3. Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.

4. No cannabis business may be located within a 600-foot (600’) radius measured from property line to property line of a school, day care center, or youth center that is in existence at the time of submission of a completed initial application for a commercial cannabis permit. This prohibition shall not apply to any subsequent renewal of a commercial cannabis permit at the same location.

6. Exterior lighting shall not result in glare on adjoining properties to ensure that all areas of the premises are visible and shall provide increased lighting at all entrances to the premises. The lighting shall be turned on from dusk to dawn.

Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 27, Packet Page 57

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7. Ground cover shall be no higher than two feet; lower tree canopies of mature trees shall be above six feet; and tree canopies shall not interfere with or block lighting.

SECTION 16: Monterey City Code, Chapter 1, Article 2, Section 1-9.2(C) is hereby added to read as follows:

D. Pursuant to Government Code section 53069.4, a property owner shall have a period of at least 10 days to correct or otherwise remedy a violation of City Code section 9-7-05(B), Cannabis Permit Required, that exists as a result of, or to facilitate, the illegal cultivation of cannabis, prior to the issuance of an administrative citation if all the following are true:

1. The tenant is in possession of the property that is the subject of the administrative action;

2. The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis; and

3. The rental property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information cause the rental property owner or agent to have actual notice of the illegal cannabis cultivation.

SECTION 17. Severance. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION 18. Effective Date. This ordinance shall become effective thirty days from the date of 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, 11/21/2023, Item No. 5., Item Page 28, Packet Page 58 Del Rey
Oaks
Pacific Grove
Sand City
Seaside

H ERRMANN DR

PLUMME R ST

PRIVATE BOLIO RD

STILLWELL AVE

CALIFORNIA AVE

PACIFIC
ST

PATTON AVE

VIA PARAISO

HOFFMAN AVE

ENGLISH AVE

EL CAMINITO DEL NORTE

REDWOOD AVE

BEACH WAY

PEBBLE ST

FIGUEROA ST

CUNNINGHAM RD

ORANGE AVE

MONROE ST
CANYON

DEL REY
BLVD

NEWTON ST

EL DORADO ST

VIA DEL REY

CONTRA COSTA ST

LIGHTHOUSE AVE

CEDAR ST

AIRPORT RD

CASA VERDE WAY

LINE ST

F TI CHAVE

CORPORAL EVANS RD

MARTIN ST

ELCAMINITO

JEFFERSON ST

CASANOVA AVE

FREMONT ST

EIGHTH ST

BUFFALO SOLDIER TRAIL

DEL MONTE AVE HANNON AVE

LAINE ST

CEDAR ST

MONTECITO AVE

LAKE DEL MONTE DR

MITCHER ST

CORPORAL EWINGRD

TIOGA AVE

INFANTRY ST

N FREMONT ST

TOYON AVE

PARK AVE
CAMINO

AGUAJITO

MADISON ST

ALAMEDA ST
VIA

JOAQUIN

CASS ST
CALLE

PRINCIPAL

OCEAN AVE

BELDEN ST

SPENCER ST

SLOAT AVE

MANZANITA
ST
RAMP

VIAMIRADA

EDINBURGH
CIR

ORTIZ AVE
VAN

BUREN CIR

SPRAY AVE

HAWTHORNE ST

PINE ST

DELA VINA AVE

GARDEN AVE

ABREGO ST

HOLLY ST

WEBSTER ST

DAVID AVE

JOHNSON ST

RAMONA AVE

BUSH ST

CLAY ST

FERN ST

AVIATIONLN
HIGH
ST

W FRANKLIN ST

HARTNELL ST

COLONEL
BISHOP
CT

SCOTT ST

CORTES ST

ROBERTS AVE

PARK AVE

WAINWRIGHT ST

SAN BERNABE
DR

AGUAJITO RD

ESTRELLA
AVE

CANNERY ROW

JOSSELYN

CANYON RD

DRAKE AVE

MCNEAR ST
OAK ST

LAKE DR

PEARL ST

NINTH ST

SHASTA AVE

CAMINO EL ESTERO
ARMYST
COAST

GUARD PIER

MESA RD
IVY ST

DUNECREST AVE

RAMONA CT

OHARE AVE

MAJOR SHERMAN LN

ELDER AVE

E FRANKLIN ST

BRANNER AVE

SERRA AVE

SURF WAY

IRVING AVE

MENNEK EN LOOP

TISDALE RD

ADAMS ST

DUTRA ST

PIERCE ST

SARGENT CT

VIRGIN AVE
CORTES
ST

COLTON ST

ROBINSON ST

HARRISON ST

TENTH ST
RAMP

MORSE DR

DEL ROBLES
AVE

GRANT AVE

STILLWELL
AVE

PRESCOTT AVE

GLENWOODCRI

ENCINA AVE
DUNE C
REST
L N

BONIFACIO PL

MUNRAS AVE

CHUALAR PL
PALO

VERDE AVE

VAN BUREN ST

MCCLELLAN AVE

TYLER ST

DICKMAN AVE

SEQUOIA AVE

KOLB AVE
BRUCE
ARISS
WAY

ENCINA AVE

OLYMPIA AVE

JACKSON ST

HELLAM ST

THIRD ST

MONTEREY
CIR

MCCAIN ST

ROOSEVELT ST

VI A LAVANDERA

VIA CAMPANA

DORMODY CT

UNION ST

SECOND ST
OCEAN

VIEW BLVD

EUCLID AVE

ARCHER ST

JOHN ST

FOURTH ST

CARMELO
ST

ALVARADO ST

FOAM ST

FAIRGROUND RD

ALVARADO ST

LAKE ST

CHURCH ST

GARDNERS RD

FIRST ST

SEVENTH ST

VIA DEL PINAR

HALSEY AVE

STUARTAVE

SIXTH ST

ANITA ST

WAVE ST

KIT CARSON RD

OLIVIER ST

COPA DEL ORO

PORTOLA
PLZ

FOUNTAIN AVE

DELA VINA AVE

WOODCREST LN

VETERANS DR

DOUD AVE

WATSON ST

LARKIN ST

SHI R L PAT WAY
S PALO

VERDE AVE

HOUSTON ST

BUTLER RD

POL K ST

AIR POR T
WAY

LANTERN LN

DAVIS LN

SAND DUNES DR

RALSTON
DR

FISHNET RD
ORD ST

PERRY LN

MARK THOMAS DR

ENGLISH AVE

RAMONA AVE

MARGARET ST

VIAGAYUBA CARMELITO AVE

ALMA ST

EARDLEY AVE
M

ANZANITA ST

LOGANLN

BOULDRY RD

DUNES DR

VIA CHUALAR

DEL ROSA AVE

EL CAMINO

COSTANOANDR

NORTH ST

N O RTH ST

ALCALDE AVE

OLD GOLF COURSE RD

TIDE AVE

SEAFOAM AVE

CABRILLO ST

COT T A GE WAY

COOPER ST
WHARF
#1

STONE RD
RAMP

HELVIC AVE

EL CALLEJONE

PACIF CI ST

SYLVAN RD

SEENO ST

OLD SALINAS HWY

ARTILLERY ST

SCHOOL ST

GARDEN RD

BRUCE LN

EDDIE BURNS LN

C ORPORAL EWING R D
RAMP

DUNDEE DR
RAMP

LA PLAYA ST

LITTLENESS AVE

IRIS CANYON RD

EL CAMINITO DEL S U R

LERWICK DR

EDINBURGH AVE
WHARF #2

DYER RD

ROBERTS AVE
OHARE
AVE
0 285 570 1,140 1,710 2,280 Feet
City of Monterey Proposed Commercial Retail Cannabis Zones Source: City of Monterey Legend
CB1: Lighthouse/Foam
CB2: Downtown
CB3: Wave
CB4: North Fremont
Monterey City Boundary
Coastal Zone (Prohibited)
Storefronts Prohibited
Note: Visible storefronts on Alvarado Street, and Lighthouse District and Wave Street Side Streets prohibited. All stores prohibited in Coastal Zone

APPENDIX A
Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 29, Packet Page 59 Appendix A
Cannabis Business Overlay – Parcel Rezoning

Page 1 of 12 ends

APN Existing Zoning Proposed Zoning
CB1 Overlay
001072019000 PC-LH PC-LH-CB1
001032015000 PC-LH PC-LH-CB1
001025010000 PC-LH PC-LH-CB1
001064003000 PC-LH PC-LH-CB1
001015017000 PC-LH PC-LH-CB1
001062013000 PC-LH PC-LH-CB1
001066017000 PC-LH PC-LH-CB1
001072013000 PC-LH PC-LH-CB1
001063007000 PC-LH PC-LH-CB1
001033004000 PC-LH PC-LH-CB1
001072003000 PC-LH PC-LH-CB1
001026009000 PC-LH PC-LH-CB1
001053005000 PC-LH PC-LH-CB1
001065022000 PC-LH PC-LH-CB1
001025015000 PC-LH PC-LH-CB1
001015011000 PC-LH PC-LH-CB1
001032010000 PC-LH PC-LH-CB1
001062018000 PC-LH PC-LH-CB1
001072020000 PC-LH PC-LH-CB1
001065001000 PC-LH PC-LH-CB1
001051008000 PC-LH PC-LH-CB1
001065004000 PC-LH PC-LH-CB1
001061005000 PC-LH PC-LH-CB1
001016015000 PC-LH PC-LH-CB1
001072002000 PC-LH PC-LH-CB1
001035004000 PC-LH PC-LH-CB1
001074010000 PC-LH PC-LH-CB1
001071002000 PC-LH PC-LH-CB1
001035009000 PC-LH PC-LH-CB1
001015015000 PC-LH PC-LH-CB1
001016014000 PC-LH PC-LH-CB1
001066005000 PC-LH PC-LH-CB1
001051012000 PC-LH PC-LH-CB1
001051014000 PC-LH-H1 PC-LH-H1-CB1
001073004000 PC-LH PC-LH-CB1
001025009000 PC-LH PC-LH-CB1
001071003000 PC-LH PC-LH-CB1
001062017000 PC-LH PC-LH-CB1
001063017000 PC-LH PC-LH-CB1
001064005000 PC-LH PC-LH-CB1
001062021000 PC-LH PC-LH-CB1
001072012000 PC-LH PC-LH-CB1
001033007000 PC-LH PC-LH-CB1
001062022000 PC-LH PC-LH-CB1
001053024000 PC-LH PC-LH-CB1
Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 30, Packet Page 60 Appendix A
Cannabis Business Overlay – Parcel Rezoning

Page 2 of 12 ends

001074004000 PC-LH PC-LH-CB1
001072004000 PC-LH PC-LH-CB1
001062020000 PC-LH PC-LH-CB1
001064002000 PC-LH PC-LH-CB1
001071004000 PC-LH PC-LH-CB1
001051002000 PC-LH PC-LH-CB1
001064001000 PC-LH PC-LH-CB1
001072005000 PC-LH PC-LH-CB1
001066018000 PC-LH PC-LH-CB1
001053004000 PC-LH PC-LH-CB1
001053014000 PC-LH PC-LH-CB1
001025014000 PC-LH PC-LH-CB1
001025013000 PC-LH PC-LH-CB1
001073016000 PC-LH PC-LH-CB1
001062001000 PC-LH PC-LH-CB1
001035005000 PC-LH PC-LH-CB1
001035007000 PC-LH PC-LH-CB1
001061006000 PC-LH PC-LH-CB1
001025011000 PC-LH PC-LH-CB1
001063010000 PC-LH PC-LH-CB1
001072001000 PC-LH PC-LH-CB1
001074002000 PC-LH PC-LH-CB1
001071014000 PC-LH PC-LH-CB1
001062016000 PC-LH PC-LH-CB1
001071001000 PC-LH PC-LH-CB1
001015016000 PC-LH PC-LH-CB1
001073003000 PC-LH PC-LH-CB1
001072015000 PC-LH PC-LH-CB1
001015013000 PC-LH PC-LH-CB1
001015020000 PC-LH PC-LH-CB1
001062008000 PC-LH PC-LH-CB1
001035006000 PC-LH PC-LH-CB1
001025012000 PC-LH PC-LH-CB1
001035015000 PC-LH PC-LH-CB1
001072018000 PC-LH PC-LH-CB1
001064004000 PC-LH PC-LH-CB1
001063012000 PC-LH PC-LH-CB1
001066007000 PC-LH PC-LH-CB1
001035001000 PC-LH PC-LH-CB1
001053021000 PC-LH PC-LH-CB1
001026013000 PC-LH PC-LH-CB1
001065018000 PC-LH-H2 PC-LH-H2-CB1
001015009000 PC-LH PC-LH-CB1
001032011000 PC-LH PC-LH-CB1
001065003000 PC-LH PC-LH-CB1
001016008000 PC-LH PC-LH-CB1
001066006000 PC-LH PC-LH-CB1
Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 31, Packet Page 61 Appendix A
Cannabis Business Overlay – Parcel Rezoning

Page 3 of 12 ends

001061002000 PC-LH PC-LH-CB1
001063005000 PC-LH PC-LH-CB1
001071005000 PC-LH PC-LH-CB1
001035013000 PC-LH PC-LH-CB1
001034002000 PC-LH PC-LH-CB1
001032016000 PC-LH PC-LH-CB1
001065016000 PC-LH PC-LH-CB1
001063006000 PC-LH PC-LH-CB1
001062007000 PC-LH PC-LH-CB1
001035008000 PC-LH PC-LH-CB1
001035016000 PC-LH PC-LH-CB1
001053025000 PC-LH PC-LH-CB1
001062023000 PC-LH PC-LH-CB1
001061009000 PC-LH PC-LH-CB1
001071016000 PC-LH PC-LH-CB1
001072017000 PC-LH PC-LH-CB1
001026008000 PC-LH PC-LH-CB1
001073005000 PC-LH PC-LH-CB1
001071015000 PC-LH PC-LH-CB1
001033005000 PC-LH PC-LH-CB1
001015014000 PC-LH PC-LH-CB1
001015012000 PC-LH PC-LH-CB1
001071006000 PC-LH PC-LH-CB1
001035003000 PC-LH PC-LH-CB1
001035002000 PC-LH PC-LH-CB1
001026010000 PC-LH PC-LH-CB1
001074003000 PC-LH PC-LH-CB1
001073002000 PC-LH PC-LH-CB1
001063011000 PC-LH PC-LH-CB1
001061003000 PC-LH PC-LH-CB1
001033006000 PC-LH PC-LH-CB1
001053013000 PC-LH PC-LH-CB1
001073006000 PC-LH PC-LH-CB1
001066004000 PC-LH PC-LH-CB1
001035014000 PC-LH PC-LH-CB1
001074006000 PC-LH-H2 PC-LH-H2-CB1
001072010000 PC-LH PC-LH-CB1
001071008000 PC-LH PC-LH-CB1
001071010000 PC-LH PC-LH-CB1
001016013000 PC-LH PC-LH-CB1
001062014000 PC-LH PC-LH-CB1
001016006000 PC-LH PC-LH-CB1
001061004000 PC-LH PC-LH-CB1
001015019000 PC-LH PC-LH-CB1
001074005000 PC-LH PC-LH-CB1
001052001000 PC-LH PC-LH-CB1
001052023000 PC-LH PC-LH-CB1
Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 32, Packet Page 62 Appendix A
Cannabis Business Overlay – Parcel Rezoning

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001052003000 PC-LH PC-LH-CB1
001052008000 PC-LH PC-LH-CB1
001052002000 PC-LH PC-LH-CB1
001052024000 PC-LH PC-LH-CB1
001052007000 PC-LH PC-LH-CB1
001052006000 PC-LH PC-LH-CB1
CB2 Overlay
001532002000 PC-D-ES PC-D-ES-CB2
001532015000 PC-D-ES PC-D-ES-CB2
001704002000 PC-D-ES PC-D-ES-CB2
001572018000 PC-D PC-D-CB2
001383004000 PC-D-ES PC-D-ES-CB2
001692014000 PC-D-ES PC-D-ES-CB2
001726009000 PC-D-ES PC-D-ES-CB2
001721006000 PC-D-ES PC-D-ES-CB2
001725002000 PC-D-ES PC-D-ES-CB2
001522015000 PC-D-H1 PC-D-H1-CB2
001385001000 PC-D PC-D-CB2
001572019000 PC-D-H1 PC-D-H1-CB2
001713002000 PC-D-ES PC-D-ES-CB2
001581023000 PC-D-ES PC-D-ES-CB2
001525021000 PC-D PC-D-CB2
001525005000 PC-D PC-D-CB2
001725006000 PC-D-ES PC-D-ES-CB2
001522001000 PC-D PC-D-CB2
001725007000 PC-D-ES PC-D-ES-CB2
001383009000 PC-D-ES PC-D-ES-CB2
001692007000 PC-D-ES PC-D-ES-CB2
001715003000 PC-D-ES PC-D-ES-CB2
001572031000 PC-D PC-D-CB2
001535001000 PC-D PC-D-CB2
001694008000 PC-D-ES PC-D-ES-CB2
001383002000 PC-D-ES PC-D-ES-CB2
001571002000 PC-D-H1 PC-D-H1-CB2
001703005000 PC-D-ES PC-D-ES-CB2
001572004000 PC-D PC-D-CB2
001729008000 PC-D-ES PC-D-ES-CB2
001721012000 PC-D-ES PC-D-ES-CB2
001713008000 PC-D-ES PC-D-ES-CB2
001691005000 PC-D-ES PC-D-ES-CB2
001715008000 PC-D-ES PC-D-ES-CB2
001713007000 PC-D-H2-ES PC-D-H2-ES-CB2
001386005000 PC-D-ES PC-D-ES-CB2
001726003000 PC-D-ES PC-D-ES-CB2
001383003000 PC-D-ES PC-D-ES-CB2
001572021000 PC-D-H2 PC-D-H2-CB2
001683013000 PC-D-ES PC-D-ES-CB2
Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 33, Packet Page 63 Appendix A
Cannabis Business Overlay – Parcel Rezoning

Page 5 of 12 ends

001572013000 PC-D PC-D-CB2
001572028000 PC-D PC-D-CB2
001726020000 PC-D-ES PC-D-ES-CB2
001581017000 PC-D-ES PC-D-ES-CB2
001722009000 PC-D-ES PC-D-ES-CB2
001591048000 PC-D-H1 PC-D-H1-CB2
001712010000 PC-D-ES PC-D-ES-CB2
001535002000 PC-D PC-D-CB2
001691009000 PC-D-ES PC-D-ES-CB2
001715006000 PC-D-ES PC-D-ES-CB2
001572010000 PC-D PC-D-CB2
001535005000 PC-D PC-D-CB2
001522010000 PC-D PC-D-CB2
001571004000 PC-D PC-D-CB2
001389005000 PC-D-ES PC-D-ES-CB2
001728002000 PC-D PC-D-CB2
001696004000 PC-D-ES PC-D-ES-CB2
001535009000 PC-D PC-D-CB2
001715013000 PC-D-ES PC-D-ES-CB2
001728003000 PC-D PC-D-CB2
001723003000 PC-D-ES PC-D-ES-CB2
001389004000 PC-D-H1-ES PC-D-H1-ES-CB2
001574028000 PC-D PC-D-CB2
001572027000 PC-D PC-D-CB2
001726018000 PC-D-ES PC-D-ES-CB2
001572029000 PC-D PC-D-CB2
001695010000 PC-D-ES PC-D-ES-CB2
001691014000 PC-D-ES PC-D-ES-CB2
001726008000 PC-D-ES PC-D-ES-CB2
001572009000 PC-D PC-D-CB2
001725004000 PC-D-ES PC-D-ES-CB2
001723009000 PC-D-ES PC-D-ES-CB2
001694010000 PC-D-ES PC-D-ES-CB2
001581012000 PC-D PC-D-CB2
001715009000 PC-D-ES PC-D-ES-CB2
001694001000 PC-D-ES PC-D-ES-CB2
001533008000 PC-D-ES PC-D-ES-CB2
001696008000 PC-D-ES PC-D-ES-CB2
001691015000 PC-D-ES PC-D-ES-CB2
001703004000 PC-D-ES PC-D-ES-CB2
001714009000 PC-D-ES PC-D-ES-CB2
001724001000 PC-D-ES PC-D-ES-CB2
001712018000 PC-D-ES PC-D-ES-CB2
001712005000 PC-D-ES PC-D-ES-CB2
001712020000 PC-D-ES PC-D-ES-CB2
001523003000 PC-D-H1 PC-D-H1-CB2
001691004000 PC-D-ES PC-D-ES-CB2
Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 34, Packet Page 64 Appendix A
Cannabis Business Overlay – Parcel Rezoning

Page 6 of 12 ends

001715012000 PC-D-ES PC-D-ES-CB2
001729002000 PC-D-ES PC-D-ES-CB2
001722005000 PC-D-ES PC-D-ES-CB2
001532001000 PC-D-ES PC-D-ES-CB2
001692011000 PC-D-ES PC-D-ES-CB2
001722017000 PC-D-ES PC-D-ES-CB2
001691007000 PC-D-ES PC-D-ES-CB2
001722018000 PC-D-ES PC-D-ES-CB2
001712007000 PC-D-ES PC-D-ES-CB2
001691006000 PC-D-H1-ES PC-D-H1-ES-CB2
001713004000 PC-D-ES PC-D-ES-CB2
001525002000 PC-D PC-D-CB2
001705007000 PC-D-ES PC-D-ES-CB2
001574015000 PC-D-ES PC-D-ES-CB2
001727014000 PC-D-H1-ES PC-D-H1-ES-CB2
001532018000 PC-D-ES PC-D-ES-CB2
001573015000 PC-D PC-D-CB2
001722007000 PC-D-ES PC-D-ES-CB2
001704004000 PC-D-ES PC-D-ES-CB2
001691002000 PC-D-ES PC-D-ES-CB2
001712019000 PC-D-ES PC-D-ES-CB2
001383007000 PC-D-ES PC-D-ES-CB2
001714003000 PC-D-ES PC-D-ES-CB2
001534010000 PC-D PC-D-CB2
001389002000 PC-D-ES PC-D-ES-CB2
001683016000 PC-D-ES PC-D-ES-CB2
001385004000 PC-D PC-D-CB2
001725008000 PC-D-ES PC-D-ES-CB2
001694009000 PC-D-ES PC-D-ES-CB2
001522009000 PC-D PC-D-CB2
001696012000 PC-D-H2 PC-D-H2-CB2
001389008000 PC-D-ES PC-D-ES-CB2
001712009000 PC-D-ES PC-D-ES-CB2
001572020000 PC-D PC-D-CB2
001389007000 PC-D-ES PC-D-ES-CB2
001572030000 PC-D PC-D-CB2
001522014000 PC-D PC-D-CB2
001581020000 PC-D-H2 PC-D-H2-CB2
001572032000 PC-D PC-D-CB2
001715010000 PC-D-ES PC-D-ES-CB2
001581018000 PC-D-ES PC-D-ES-CB2
001574011000 PC-D PC-D-CB2
001693001000 PC-D-ES PC-D-ES-CB2
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Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 35, Packet Page 65 Appendix A
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Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 36, Packet Page 66 Appendix A
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CB3 Overlay
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Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 37, Packet Page 67 Appendix A
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Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 38, Packet Page 68 Appendix A
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Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 39, Packet Page 69 Appendix A
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Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 40, Packet Page 70 Appendix A
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Page 12 of 12 ends

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CB4 Overlay
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Council Regular Meeting, 11/21/2023, Item No. 5., Item Page 41, Packet Page 71 ORDINANCE NO. ____ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19
REZONING THE PROPERTY AT 581 LARKIN STREET AS A CITY HISTORIC RESOURCE FROM R-3-6 TO R-3-6-H-2
THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:

SECTION 1:

WHEREAS, John Scourkes, applicant, and Liam O’Brien and David McLoughlin, owners of the residence at 581 Larkin 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 Meg Clovis was submitted as part of the application;
WHEREAS, the subject property is significant under Criterion 1 (Event) as it is associated with events that have made a significant contribution to the broad patterns of our history. The Frank Hellam House is eligible under this criterion because it is representative of residential development in lower Old Town during the last quarter of the 19th century. The property is eligible under California Register Criterion 2 (Person) as the family home of Frank Hellam, who had several businesses in Monterey and is the only extant building that was owned and continuously occupied by Mr. Hellam and his family; WHEREAS, the HPC, at a properly noticed public hearing on September 14, 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 November 7, 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 the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15305, Class 5) Date: 11/21/2023
Item No.: 6.

Council Regular Meeting, 11/21/2023, Item No. 6., Item Page 1, Packet Page 72 2 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 property 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 environment is not particularly sensitive as it is developed with an existing building and paved 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. 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.

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. 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.

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.

Council Regular Meeting, 11/21/2023, Item No. 6., Item Page 2, Packet Page 73 3 SECTION 3: The property at 581 Larkin Street is hereby rezoned from R-3-6 to R-3-6-H2, 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, 11/21/2023, Item No. 6., Item Page 3, Packet Page 74

EXHIBIT A
581 Larkin Street
Subject property
Rezoning from R-3-6
to R-3-6-H-2
Council Regular Meeting, 11/21/2023, Item No. 6., Item Page 4, Packet Page 75 Council
Agenda Report
№10/13
FROM: Nat Rojanasathira, Assistant City Manager
SUBJECT: 1
st Reading by Title Only of an Ordinance to Amend Monterey City Code section 19-103, the Schedule of Fees and Services Charges, to Fully Recover the Cost of Administering the Cannabis Business Ordinance and Rental Inventory Ordinance (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council introduce by title only, waive full reading, and pass a first reading of an ordinance to amend Monterey City Code section 19-103 to include full cost recovery for implementing and administering the cannabis business ordinance and the rental inventory ordinance.

This action establishes the policy for the amount (percentage) the City is to recover for the cost of administering the cannabis business ordinance and the rental inventory ordinance. The fee charged for the administration of the cannabis business ordinance and the rental inventory ordinance is established separately by resolution, and will be brought to the City Council for consideration at its December 5, 2023 meeting.

The second reading of the ordinance authorizing cannabis businesses to operate in the City is a separate item on today’s agenda. The rental inventory ordinance requires landlords to register starting February 5, 2024.

VALUE DRIVER:

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

POLICY IMPLICATIONS:

The recommended action maintains the existing policy to recover costs that are necessary to process and administer regulated businesses, including but not limited to maintenance, contracted services, salaries, and supplies. The City’s current policy is to recover 100% of costs for regulated businesses. For example, the policy for massage establishments set forth in Section 19-103 provides for 100% cost recovery. The code also has an established policy to collect 100% of the cost of background checks completed by the Monterey Police Department.

The recommended policy is to not subsidize the cost of administering the cannabis business ordinance.

The Council’s policy as stated in the rental inventory ordinance is for the City to recover 100% of the cost of administering the program and to allow the landlord to charge back 50% of the fee to the tenant.

Date: 11/21/2023
Item No.: 7.

Council Regular Meeting, 11/21/2023, Item No. 7., Item Page 1, Packet Page 76 The amount of the fees to be recovered will be presented to the City Council as an amendment to the current fee schedule.

FISCAL IMPLICATIONS:

This action will set the policy to recover 100% of the City’s costs to administer the cannabis business ordinance and the rental inventory ordinance. Cannabis business fees and rental registry fees are adopted separately by resolution and will be included in the City’s Master Fee Schedule, which would be brought to the City Council on December 5, 2023 for consideration.

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

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

ALTERNATIVES CONSIDERED:

The City Council could choose to subsidize a certain percentage of the cost of implementing and administering the cannabis business ordinance and/or the rental inventory ordinance instead of a 100% cost recovery policy.

DISCUSSION:

On June 2, 1992, the City adopted Ordinance 3100 to recover the percentage of costs reasonably borne in providing the products or services as established in the ordinance.

The purpose of the proposed ordinance is to add the Cannabis Business and Rental Inventory program to the Schedule of Fees and Service Charges set forth in Monterey City Code section 19-103 and to specify the City’s policy that 100% of the costs incurred by the City to implement and administer the cannabis business ordinance will be recovered.

Cannabis Businesses
A tentative timeline of how staff anticipates the cannabis business ordinance adoption and implementation is set forth as follows:

November 21, 2023: 2nd Reading of an Ordinance Approving Amendments to the City Code and Zoning Ordinance to Authorize and Regulate a Limited Number and Type of Cannabis Businesses
Council Regular Meeting, 11/21/2023, Item No. 7., Item Page 2, Packet Page 77 1 st Reading by Title Only of an Ordinance to Amend Monterey City Code section 19-103, the Schedule of Fees and Services Charges, to Fully Recover the Cost of Administering the Cannabis Business Ordinance (this action).

December 5, 2023: 2nd Reading of an Ordinance to Amend Monterey City Code section 19- 103, the Schedule of Fees and Services Charges, to Fully Recover the Cost of Administering the Cannabis Business Ordinance
Amend and Restate Resolution 23-036, Master Fee Schedule, to Add Fees for Administration and Implementation of the Cannabis Businesses Ordinance to be effective January 5, 2024.

Week of Release of Cannabis Retail Applications
December 11, 2023
January 5, 2024: Effective date of the cannabis ordinance adopted on November 21, 2023.

Rental Inventory Ordinance
With regard to the rental inventory ordinance, it will be effective on December 7, 2023, and landlords will be required to register starting on February 5, 2024. The proposed Rental Inventory program fees would be presented to the City Council at the December 5, 2023 as part of an amendment to the Master Fee Schedule.

In conclusion, it is recommended that the City Council introduce by title only, waive full reading, and pass a first reading of an ordinance to implement a policy to recover 100% of city costs incurred in administering the cannabis business ordinance and the rental inventory ordinance.

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, 11/21/2023, Item No. 7., Item Page 3, Packet Page 78 ORDINANCE NO. ____ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22
AMENDING MONTEREY CITY CODE SECTION 19-103, THE SCHEDULE OF FEES AND

SERVICES CHARGES, TO FULLY RECOVER THE COST OF ADMINISTERING THE

CANNABIS BUSINESS ORDINANCE AND THE RENTAL INVENTORY ORDINANCE THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:

SECTION 1:

WHEREAS, on June 2, 1992, the City adopted Ordinance 3100 to recover the percentage of costs reasonably borne in providing the products or services as established in the ordinance;
WHEREAS, the City adopted an ordinance approving amendments to the City Code and zoning ordinance to authorize and regulate a limited number and type of cannabis businesses;
WHEREAS, generally, the City’s current policy is to recover 100% of costs for regulated businesses. For example, the policy for massage establishments set forth in Section 19-103 is for 100% cost recovery. The code also has an established policy to collect 100% of the cost of background checks completed by the Monterey Police Department. This code amendment is to recover 100% of the costs connected with the City’s administration of the cannabis business ordinance;
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

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

SECTION 3: Monterey City Code, Chapter 19, Section 19-103(a)’s table of fees and service charges, (I.) is hereby amended to to change the title to Community Development Department Services and add the following in sequential order:

Council Regular Meeting, 11/21/2023, Item No. 7., Item Page 4, Packet Page 79 2 I. Community Development Department Services:
(30.) Cannabis Business Applications 100%
(31.) Cannabis Business Zone Clearance 100%
(32.) Cannabis Business Permit Modifications 100%
(33.) Rental Inventory Ordinance 100%
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 _______, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 11/21/2023, Item No. 7., Item Page 5, Packet Page 80 Council
Agenda Report
№08/22
FROM: Rafaela T. King, CPA, MBA, Finance Director
Prepared By: Stella Sandoval, Assistant Finance Director SUBJECT: Approve the Implementation of a Service Fee Policy for Credit/Debit Card Service Fees on Certain Eligible Transactions (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council adopt a resolution approving the implementation of a service fee policy for credit/debit card service fees when the payee chooses a credit card or debit card as the form of tender on certain eligible transactions.

VALUE DRIVERS:

POLICY IMPLICATIONS:

This action is consistent with the City’s Council’s Value Drivers and Strategic Priorities of carefully managing City revenue and expenditures that support the delivery of City Services.

Historically, the City has borne the costs of accepting card payment transactions. This action would transfer the direct cost of certain eligible transactions (credit card/debit card transaction fees) to the City’s customers. The proposed fee policy excludes payments for Parking fees, Library fees, and Parks & Recreation fees.

FISCAL IMPLICATIONS:

The proposed service fee charged to the City, which would be passed on to customers, is a percentage of each transaction amount and will, therefore, vary depending on the changes in cost and volumes. Variations in service fees will be monitored and analyzed by the Finance Department to ensure reasonableness.

Implementing the service fee policy has an estimated net impact of reducing expenditures and increasing cost recovery associated with the amount the City pays in merchant service fees by approximately $136,000 in the first year. Additional savings are anticipated year-over-year as the Payment Card Industry fees continue to rise. The total estimate in savings for the current fiscal year is approximately $106,000 to the combined General Fund departments, $24,000 in Tidelands Fund 807, and $5,000 to the Cemetery Fund 610. The estimated savings are based on a full fiscal year. Implementation of the service fees is anticipated to begin January 1, 2024, which would be an estimated savings of $68,000 in the current fiscal year.

Date: 11/21/2023
Item No.: 8.

Council Regular Meeting, 11/21/2023, Item No. 8., Item Page 1, Packet Page 81 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 approve credit/debit card service fees to be implemented, and the City would continue to absorb all costs associated with the acceptance of credit/debit cards.

This is not recommended, because taxpayers are currently absorbing the cost of credit/debit card service fees.

DISCUSSION:

The Problem with Credit Card and Debit Card “Swipe Fees” The cost for governments and businesses to accept credit/debit card payments has grown each year as more transactions are paid by credit/debit card and as the merchant fees charged by banks continue to increase globally. In the United States, retailers (which includes governments such as the City of Monterey) pay about $160 billion a year in so-called “swipe fees,” which have increased by more than 50% since 2020, largely due to credit card rewards such as points, airline miles, and other benefits given to credit card holders.1 Unfortunately, this means that the City of Monterey, is subsidizing the cost of “swipe fees” incurred by those paying by credit or debit card.

Service Fee Policy: Passing Merchant Fees Onto Credit/Debit Card Users To mitigate the impact of these costs on city services, the service fee policy to pass on the merchant processing “swipe fee” is proposed for all eligible credit/debit card transactions.

Staff has reviewed the service fee program through an equity lens. As a starting point, the program is designed to increase the equitable allocation of costs by allocating credit and debit cards back to the users of the service. Currently, taxpayers of the City are subsidizing the cost of these merchant fees for those who use their credit/debit card, and only those using these forms of transactions benefit at the expense of taxpayers and those who use other forms of payment. The City’s customers will not be required to use credit or debit cards or to incur such service fees. Customers of the City will always be offered alternative payment options that do not incur significant service fee charges, such as check, e-check, ACH, or cash. 1 https://www.npr.org/2023/09/26/1201257895/credit-card-fees-visa-mastercard-retailers Council Regular Meeting, 11/21/2023, Item No. 8., Item Page 2, Packet Page 82 The City’s Agreement with Wells Fargo
The City entered into an agreement with Wells Fargo (WF) for banking and merchant services as of March 4, 2015. The first amendment to the agreement extended the term for an additional five years. The agreement expires on March 3, 2025.

Wells Fargo Merchant Services offers a program for managing the imposition of service fees by local governments. The City benefits by using a third party for the transactions so that no service fees are paid from the City’s accounts. As a result, the City is not required to account for the fees, distribute the monies, or manage fee surpluses to comply with state laws constraining the collection of fees to actual costs incurred. Wells Fargo performs a comprehensive evaluation to determine the service fee to charge the customer based on the cost recovery requirements.

The evaluation considers the historical fees associated with each eligible merchant account and the expected future volumes and costs. Wells Fargo will notify the City of any changes in fees at least 30 days in advance, and City staff will review changes to fees prior to implementation.

Credit Card Service Fees by Department
Below are the departments that accept card payments. Here, staff compares four years of history and the current fiscal year budget, FY 2023-24, for merchant service fees:

FY20 FY21 FY22 FY23 FY24
Departments to Include
Service Fee Model YTD YTD YTD YTD
Adopted
Budget
Finance $ 47,145 $ 42,922 $ 48,171 $ 63,167 $ 64,000
Police 458 366 1,067 435 500
Fire 1,023 700 1,480 635 1,500
Planning 1,585 3,418 3,516 3,957 4,000
Building Inspection 13,780 28,062 29,667 31,771 30,000
Conference Center 10,029 27 4,570 6,777 6,000
Cemetery 2,776 2,483 5,628 4,677 5,500
Harbor - Tidelands Fund 17,491 19,439 21,158 20,604 24,000 Total $ 94,286 $ 97,417 $ 115,257 $ 132,022 $ 135,500
Variance from Prior Yr (PY) $ 20,339 $ 3,131 $ 17,840 $ 16,765 $ 3,478 Percentage variance from PY 24.04% 3.21% 15.48% 12.70% 2.57% Excluded from Service Fee
Model
Library $ 808 $ 12 $ 896 $ 520 $ 500
Museum 411 185 303 167 250
Recreation 13,245 3,945 13,742 26,054 23,925
Monterey Sports Center 44,226 3,965 27,836 67,428 87,500 Parking 250,405 232,387 483,261 506,638 570,000
Total $ 309,095 $ 240,496 $ 526,038 $ 600,807 $ 682,175 Variance from Prior Yr (PY) $ (31,749) $ (68,599) $ 285,542 $ 74,770 $ 81,368 Percentage variance from PY -10.27% -28.52% 54.28% 12.44% 11.93% Total Cost to the City $ 403,381 $ 337,913 $ 641,295 $ 732,830 $ 817,675 Council Regular Meeting, 11/21/2023, Item No. 8., Item Page 3, Packet Page 83 The Mechanics of Passing on the Service Fee
California Government Code Section 6159 (h) (1) states, in part, that “a city, county, city and county, or any other public agency may impose a fee for the use of a credit or debit card or electronic funds transfer, not to exceed the costs incurred by the agency or agent in providing for payment by credit or debit card or electronic funds transfer. These costs may include, but shall not be limited to, the payment of fees or discounts as specified…” This provision of the Government Code provides the City with the ability to pass the cost of accepting credit cards onto the paying customer but creates an important constraint that the amount collected may not exceed the actual cost. The City’s proposed program addresses this constraint.

This proposal implements service fees for customers who use credit cards (as well as non-pin debit cards) to make a payment. Service fee programs are available to governments and higher education entities and offer a way to recoup credit card transaction-related costs on eligible charges. Eligibility for this program is determined by the merchant category code (“MCC”).

MCCs are four-digit numbers that credit card payment brands use to classify merchants and businesses by the type of goods or services provided. Fees with the MCCs of 9311 (tax payments), 9222 (fines), 9399 (government services), and 9211 (court costs) are eligible for this program. Service fees can be imposed regardless of the payment channel (card present or card not present), applies to all card brands, and must be the only fee to the cardholder. The service fee can be a percentage or a fixed flat amount.

Staff also considered setting caps on transaction amounts. This option was determined not to be viable for the City. Per Wells Fargo, terminal equipment limits are set at $99,999.99. The federal government and education agencies are the only businesses allowed to set potential caps on transaction amounts.

Proposed Exclusions: Library, Museums, Recreation, Sports Center, and Parking Staff recommends excluding the Library and Museums from this service fee because the service fee incurred by the City is minimal, and it is atypical for libraries and bookstores that compete with the library store to charge a service fee. The Recreation, Sports Center, and Parking Divisions are also recommended to be excluded because service fees are incorporated into the cost of program, membership, or service charges to customers. Furthermore, private sector providers of recreation programs, gyms, and parking facilities usually do not pass credit/debit card service fees to consumers because credit/debit cards are a common form of payment for customers. Exempting these categories will allow the City to remain competitive in these markets and may prevent customers from feeling like they are being “nickeled and dimed” and choosing an alternative vendor that does not charge credit card fees.

In contrast, other City services, such as building and planning permits, inspection fees, berthing fees, conference center rentals, and cemetery fees, are government services that should be paid by ACH, check, or other non-fee payment methods. Not passing along the credit card fees to these customers means that the City government and taxpayers are subsidizing the cost of doing business for users who choose to use credit cards to earn benefits such as loyalty points or airline miles.

Council Regular Meeting, 11/21/2023, Item No. 8., Item Page 4, Packet Page 84 Conclusion
Changing the City’s policy to pass along the merchant services fees, or a portion thereof, to customers will maintain a more modern customer service offering in lieu of reducing or restricting card usage.

RTK/ss
Attachments: 1. Resolution
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 11/21/2023, Item No. 8., Item Page 5, Packet Page 85 RESOLUTION NO. __- ___ C.S.

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

APPROVING THE IMPLEMENTATION OF A SERVICE FEE POLICY FOR CREDIT/DEBIT

CARD SERVICE FEES ON CERTAIN ELIGIBLE TRANSACTIONS
WHEREAS, the City of Monterey (“City”) accepts credit cards for payments due to the City through various methods, including transactions in which the credit card is presented for payment and others in which the payment information is provided without a physical card; WHEREAS, the City has multiple merchant accounts which accept payments for various City departments, and pays credit card service fees for (i) interchange fees (charged by two banks involved in a credit transaction – this fee reflects the cost associated with accepting, processing and authorizing the card transaction), (ii) bank fees (fees associated with network gateways and software used to transmit cardholder information and details of transaction to the processing bank), and (iii) discount fees (the fee the City’s merchant bank charges the City to act as merchant service provider);
WHEREAS, California Government Code section 6159(h)(1) provides, in part, that a public agency may impose a fee for the use of a credit or debit card or electronic funds transfer, not to exceed the actual costs incurred by the agency or agent in providing for payment by credit or debit card or electronic funds transfer, as a method to recoup credit card transaction related costs on eligible charges;
WHEREAS, service fees can be a percent or fixed flat amount and can be imposed regardless of the channel of payment (card present or card not present), applies to all card brands, and must be the only fee to the cardholder;
WHEREAS, Wells Fargo Merchant Services (“the Bank”), has been servicing the City’s credit card payments pursuant to an existing Merchant Services Agreement (the “Agreement”) previously authorized by the City Council and entered into with the Bank, and offers a program to help manage the imposition of service fees by local governments; WHEREAS, the City desires to implement the collection of service fees when a customer chooses to make a payment using a credit card or non-pin debit card, and to enter into a Service Fee Addendum to the Agreement with the Bank acting as the third party responsible for collecting the fees and paying all related charges; 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.

Because the matter does not cause a direct or any reasonably foreseeable indirect physical Council Regular Meeting, 11/21/2023, Item No. 8., Item Page 6, Packet Page 86 2 change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

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

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby approves for the implementation of a service fee policy for credit/debit card service fees when the payee choses a credit card or debit card as the form of tender on certain eligible transactions for all city departments and divisions except for Library, Museums, Parking, Sports Center, and Recreation.

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, 11/21/2023, Item No. 8., Item Page 7, Packet Page 87 Council
Agenda Report
№08/22
FROM: Rafaela T. King, Finance Director
Prepared By: Kyle R. Olsen, Finance Analyst
SUBJECT: Award a Contract for Budget Software and Implementation Services to OpenGov, Inc. (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council:

1. Adopt the attached Resolution to award a contract for Budget Software and Implementation Services to OpenGov, Inc.

2. Authorize the City Manager to enter into a contract OpenGov, Inc. for budget software and software implementation services.

VALUE DRIVERS:

POLICY IMPLICATIONS:

This project is consistent with the Finance Department’s long-term aspirations to better streamline and manage the City’s resources. In addition, this request aids in the consistency with City Charter Section 6.3 Budget: “Based on the recommendation of the City Manager, the City Council shall adopt a budget estimating the revenues and expenditures for the City for the period covered.

The choice of OpenGov as the solution vendor is consistent with our existing practice of providing responsive, quality, and cost-effective information technology solutions that enable City departments to be successful in achieving their respective missions.

This action is also consistent with policy requiring Council approval of agreements exceeding $75,000.

FISCAL IMPLICATIONS:

Funding for this software procurement was included in the FY 2023-24 Operating Budget.

Funds from the Information Technology Fund. For the remainder of FY 2023-24, costs to the City will total $92,976 for budget software and implementation services. In FY 2024-25 and FY 2025-26 costs will be $75,000 and $78,750 respectively.

Date: 11/21/2023
Item No.: 9.

Council Regular Meeting, 11/21/2023, Item No. 9., Item Page 1, Packet Page 88 The following table identifies the budget software and implementation costs:

OPENGOV BUDGET SOFTWARE AND IMPLEMENTATION
FY 2023-24 FY 2024-25 FY 2025-26 Total
OpenGov Budget Software $ 46,371 $ 75,000 $ 78,750 $ 200,121 Implementation Services $ 46,605 $ - $ - $ 46,605
Total $ 92,976 $ 75,000 $ 78,750 $ 246,725
Costs for this software for FY 2023-24 will be addressed by the planned utilization of the Information Services Fund. Costs for the remaining years will be addressed in the budgeting and planning process.

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 give authority to City Manager to enter into this agreement with OpenGov, direct City Staff or choose to direct staff to consider other budget software alternatives. However, these options are not recommended by City Staff.

DISCUSSION:

Accurate and timely presentation of the City’s annual operating budget is critical to successfully conducting business for the City of Monterey. 1991 Until the present, the City has relied on its Tyler Eden software, to prepare and review the City’s budget. Tyler Eden was purchased by the City in 1991 for its financial and personnel applications. Tyler Eden is not capable of providing in-depth analysis of budget requests, scenario planning, or workforce planning. As a result, City staff are required to rely on a complex array of Excel worksheets to manually prepare, review, consolidate, transmit, and review the City’s annual operating budget. There is an inherent probability of error in a manual process such as the City implements, and while the City has been able to put up certain safeguards to control the budget process, the level of coordination required is not the most effective or efficient way to prepare budgets and communicate financial data to the public.

In an effort to improve and streamline the budget process, earlier this year City staff began searching for budget software used by other California cities and viewed several informal demos from several companies such as ClearGov, Vena, OpenGov, and GovMax. After the informal Council Regular Meeting, 11/21/2023, Item No. 9., Item Page 2, Packet Page 89 demos, City Staff determined it would be in the City’s interest to release a Request for Proposals (RFP) through the City’s procurement process. On September 1, 2023 the City’s RFP soliciting proposals for budget software was released on the City’s procurement site:

OpenGov Procurement. On September 21, 2023 the RFP was closed and the City received a total of six proposals from budget software companies: Gravity, ClearGov, IGM Technology, GovMax, Vena, and OpenGov. Below is a table showing the costs of each proposal:

Budget Software RFP Vendor Proposals
Year 1* Year 2 Year 3 Total (Years 1-3)
ClearGov $ 62,075 $ 65,800 $ 69,747 $ 197,622
GovMax** $ 14,582 $ 15,019 $ 15,470 $ 45,071
IGM Technology $ 64,500 $ 39,900 $ 41,895 $ 146,295
OpenGov $ 92,976 $ 75,000 $ 78,750 $ 246,726
Questica $ 63,300 $ 43,890 $ 46,084 $ 153,274
Vena $ 73,550 $ 40,000 $ 40,000 $ 153,550
*Year 1 costs inlcude software and implementation costs **Support for GovMax is billed is billed at $135 per hour From that point, the Finance Department staff set up a Selection Committee comprised of the City’s Finance/Budget Analyst and Finance Managers to review the written proposals, taking into consideration the evaluation criteria in the RFP (see Appendix A). After identifying which proposals were closest to meeting the needs of the City, the Selection Committee arranged a series of demos that drilled into the functionality of each system in order to vet the products more carefully. The Selection Committee viewed demos from OpenGov, IGM Technology, and Gravity, as well as a pre-recorded demo from ClearGov.

After carefully considering the written proposals and the demos, the Selection Committee has determined that OpenGov best meets the City of Monterey in the operating budget, workforce/personnel budget, financial reporting, data management, dashboard analytics, and online budget book. Additionally, OpenGov can synchronize with Tyler Edenon a daily basis – ensuring that OpenGov has reliable and updated financial data that will allow City staff to make data-driven decisions, develop detailed revenue and expenditure forecasts, and more transparently communicate the City’s fiscal health to Monterey citizens. OpenGov has already been adopted by more than 100 cities, including Pasadena, Yorba Linda, Victorville, Santa Barbara, and many others.

As part of the evaluation criteria, price was a consideration. Although OpenGov commanded a higher price compared to its competitors, the software notably distinguished itself through its superior performance, as confirmed by thorough assessments of its demos and discussions with numerous existing OpenGov product users. Through the analysis stated above, OpenGov is the best budget software for the City, and the investment in strong, functional, and meaningful budget software will pay dividends for the City. Other budget software systems left City Staff wanting more or searching for features that are offered by OpenGov; no other software so completely meets the needs of the City.

Council Regular Meeting, 11/21/2023, Item No. 9., Item Page 3, Packet Page 90 OpenGov offers a full-featured, cloud-based budgeting software specifically designed for public agencies. The platform will help pull together the many pieces of the budget process from the initial planning stages to publication of the budget book. As an integrated budgeting and planning solution, it will allow staff to develop department budgets in a more streamlined and systematic manner without the many labor-intensive steps the budget process currently employs. City staff will be able to make budget requests that can be fully developed, reviewed, and published within a single software – eliminating a number (and often duplicative) Excel spreadsheets which, despite City Staff’s intentions, are prone to human error and require an excessive amount of organization in order to maintain.

Also, as mentioned above, the software includes an online budget book and dashboarding capabilities to present financial data in a graphical/visual format. These tools will increase the City’s transparency and make the City’s budget information more accessible to the citizens of Monterey.

If this contract is approved, staff anticipates a project kickoff in early December 2023. This will allow for time to set up and configure the system per the City’s specifications so that it can be used to prepare the City’s budget in the next budget cycle.

The total cost of the project is $246,726 over three years. This includes a pro-rated amount of $46,371 for the 2023-24 Fiscal Year and a one-time implementation cost of $46,605 in the startup year.

OPENGOV BUDGET SOFTWARE AND IMPLEMENTATION
FY 2023-24 FY 2024-25 FY 2025-26 Total
OpenGov Budget Software $ 46,371 $ 75,000 $ 78,750 $ 200,121 Implementation Services $ 46,605 $ - $ - $ 46,605
Total $ 92,976 $ 75,000 $ 78,750 $ 246,726
The City’s strategic plan is to replace Tyler Eden with an Enterprise Resource Planning (ERP) System. An Enterprise Resource Planning (ERP) system is a type of software that helps organizations automate and manage core business processes for optimal performance. It acts as the glue that binds together the different computer systems for a large organization. ERP software coordinates the flow of data between a company’s business processes, providing a single source of truth and streamlining operations across the enterprise.

In year three, the City will evaluate whether to renew services with OpenGov or utilize a budgeting solution within the new ERP.

Of note, within OpenGov’s menu of software products, OpenGov also offers an eProcurement platform that facilitates the public procurement process by generating bid solicitation packages online. The city entered into a contract with OpenGov for its procurement platform on August 10, 2020. This fact did not enter into the Selection Committee’s criteria when selecting budget software.

KRO
Council Regular Meeting, 11/21/2023, Item No. 9., Item Page 4, Packet Page 91 Attachments: 1. Resolution

2. Evaluation Criteria
e: OpenGov, Andrew Kercado ([email protected])
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, 11/21/2023, Item No. 9., Item Page 5, Packet Page 92 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№010/23

AWARDING A CONTRACT FOR BUDGET SOFTWARE AND IMPLEMENTATION SERVICES TO OPENGOV, INC.

WHEREAS, the accurate and timely preparation of the City’s annual budget is critical to successfully conducting the business of the City;
WHEREAS, the City has not largely changed its budget development and preparation process since 2003, relying on a complex array of Excel spreadsheets to manually prepare, review, consolidate, and transmit the City’s annual operating budget. Despite the efforts from City Staff, there is an inherent probability of error in a manual process; WHEREAS, in an effort to improve and streamline the budget process, City staff have engaged in a rigorous Request for Proposals review process of budget software vendors to identify a software that will best meet the needs of the City; WHEREAS, City Staff have identified OpenGov, Inc., as the software provider that best meets the needs of the City; 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 it hereby:

1. Awards a contract for Budget Software and Implementation Services to OpenGov, Inc.;

2. Authorizes the City Manager to enter into a contract with OpenGov, Inc., for Budget Software and Implementation Services.

Council Regular Meeting, 11/21/2023, Item No. 9., Item Page 6, Packet Page 93 2 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, 11/21/2023, Item No. 9., Item Page 7, Packet Page 94 ATTACHMENT 2
Appendix A – Evaluation Criteria

1. Ability to Design an Approach and Work Plan to Meet the Project Requirements. An assessment of the overall quality of the proposal. Qualities and indicators that will receive consideration include the proposer’s performance in converting the Scope of Work into a work plan; the detail and clarity of the discussion as to the proposer’s approach to undertaking the project; the proposer’s performance in identifying any special problems or concerns which may be associated with the project and preliminary ideas about how these obstacles should be addressed; the inclusion of any unique approaches which are designed to save time and money or increase the benefits or effectiveness of the proposed work; the demonstrated ability to work with governmental bodies; and a full understanding of applicable laws or regulations that relate to the project.

2. Ability of the Proposer to Carry Out and Manage the Proposed Project. An assessment of the past experience of the organization in general. Qualities and indicators that will receive consideration include the number and types of projects the organization or its employees have completed; the variety of projects completed and a demonstration of the organization’s ability to undertake this project; the general level of experience in the areas of supervision, observing and monitoring projects; the organization’s ability to realize timetables and quality control objectives; and the demonstrated general ability to bring about a successful completion of the projects under the proposer’s direction.

3. Staff: An assessment of the perceived ability of each organization to devote the necessary human resources and management attention to the project. Do the qualifications of key personnel to be assigned to the project coincide with project’s requirements? Do assigned personnel and subconsultant personnel have requisite education, experience, and professional qualifications and licenses?

4. Familiarity with Locality: Does the firm have familiarity with the City required to successfully complete the project? How close are the firm’s permanent offices to the Monterey Peninsula?

5. Willingness to Comply with the Proposed Agreement Terms. A sample agreement is attached as Appendix B. Proposals will be rated based on any exceptions taken to the proposed agreement.

6. Reputation: Are the firm’s references from past clients and associates favorable; and, does the firm show financial and operational stability?

7. Cost of Proposal: Cost, while not determinative, may be considered in the selection process.

Council Regular Meeting, 11/21/2023, Item No. 9., Item Page 8, Packet Page 95 Council
Agenda Report
№08/22
FROM: David J. Hober, Chief of Police
Prepared By: Karen Faurot, Senior Administrative Analyst SUBJECT: Appropriate Opioid Litigation Settlement Funds to the Police Department Budget to Support the Homeless Navigator Position (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council adopt a resolution to appropriate funds received from the Opioid Litigation Settlement to the Police Department budget to support a Homeless Navigator position.

VALUE DRIVERS:

POLICY IMPLICATIONS:

This action is consistent with the City Council’s Strategic Priority to “Recognize that City government’s role is to provide core services to the public, and partnerships with nonprofit, military, business, and other government agencies can be an effective means of supporting the public good.”
FISCAL IMPLICATIONS:

The funds Monterey receives from the Opioid Litigation Settlement depends on how many counties and cities join the settlement. To date, Monterey has received $110,496.92 and expects to receive up to $647,600 over 18 years. Annual salary and benefits for the Homeless Navigator position will be approximately $160,600.

ENVIRONMENTAL DETERMINATION:

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

Date: 11/21/2023
Item No.: 10.

Council Regular Meeting, 11/21/2023, Item No. 10., Item Page 1, Packet Page 96 ALTERNATIVES CONSIDERED:

The Council could use the funds received from the Opioid Litigation Settlement for other projects.

DISCUSSION:

City Council Resolutions No. 21-126 and 23-028, authorized participation in a $26 billion nationwide opioid litigation settlement. The City elected to receive direct payments and has received $110,496.92 over the past two years. The funds must be spent within 5 years and may only be used for activities including, but not limited to, providing for Substance Use Disorder (SUD) facilities, diverting people with SUD from the justice system into treatment, and addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD.

City Council approved the addition of one (1) Homeless Navigator (Navigator) position in the Fiscal Year 2024 budget process. The Navigator will perform outreach and para-professional case management to sheltered and unsheltered homeless individuals within the City of Monterey, encourage participation in existing programs and services, and provide resource referrals to individuals and families from vulnerable populations. The Navigator’s responsibilities will include crisis intervention, navigating the processes of various providers to obtain services, and assessing opportunities for housing, substance abuse and mental health treatment programs. The Navigator will work with the Monterey Multi-Disciplinary Outreach Team (MDOT) which uses a collaborative approach to provide broad expertise to address prevalent issues affecting the community, including homelessness and substance abuse.

These collaborations have developed strong connections that have resulted in team problem solving.

The Police Department is in the process of hiring a Homeless Navigator and would like to use the payments received from the Opioid Litigation Settlement to help fund the position.

DJH/kf
Attachments: 1. Resolution
e: Rafaela King, Finance Director
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 11/21/2023, Item No. 10., Item Page 2, Packet Page 97 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№010/23

APPROPRIATING OPIOID LITIGATION SETTLEMENT FUNDS TO THE POLICE

DEPARTMENT BUDGET TO SUPPORT THE HOMELESS NAVIGATOR POSITION WHEREAS, the Homeless Navigator will perform outreach and para-professional case management to sheltered and unsheltered homeless individuals within the City of Monterey for crisis intervention, navigating the processes of various providers to obtain services, and assessing opportunities for housing, substance abuse and mental health treatment programs; WHEREAS, City Council authorized participation in a $26 billion nationwide opioid litigation settlement;
WHEREAS, the funds may only be used for activities including, but not limited to, providing for Substance Use Disorder (SUD) facilities, diverting people with SUD from the justice system into treatment, and addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD; 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 authorizes the Finance Director to appropriate all Opioid Litigation Settlement funds received to the Police Patrol Division salaries account [101-210- 2120-0000-4101].

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

Council Regular Meeting, 11/21/2023, Item No. 10., Item Page 3, Packet Page 98 2 ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 11/21/2023, Item No. 10., Item Page 4, Packet Page 99 Council
Agenda Report
№08/22
FROM: Nat Rojanasathira, Assistant City Manager
Prepared by: Tonya Hufford, General Manager, Monterey Conference Center SUBJECT: Authorize an Agreement with Monterey Signs to Provide Event-Driven Printing and Signage Services at the Monterey Conference Center as a Preferred Provider, Effective December 1, 2023 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council adopt a resolution authorizing the City Manager to sign an agreement with Monterey Signs to provide event-driven printing and signage services at the Monterey Conference Center (MCC).

VALUE DRIVERS:

POLICY IMPLICATIONS:

Event-driven printing and signage services are provided to clients at the Monterey Conference Center who require large-scale printing, signage, and graphic solutions for branding purposes, which cannot be provided by the City. Request for Proposal (RFP) for event-driven printing and signage services was sent to three qualified vendors, and two responded. Staff recommends Monterey Signs based on experience and qualifications presented, familiarity with large-scale event-driven printing and signage needs at the Conference Center, business certifications that align with MCC’s sustainable and LEED initiatives, community reputation, and references.

FISCAL IMPLICATIONS:

This contract would be a benefit to the City in that the Vendor will pay the City of Monterey a 10% commission for all sign and graphics products provided to events held at the Monterey Conference Center for being recognized as the preferred provider for event-driven printing and signage services. In FY21-22 commission paid to the City of Monterey was $6,351 and FY 22- 23 commissions amounted to $11,451.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 11/21/2023, Item No. 11., Item Page 1, Packet Page 100 CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The Council could choose not to authorize this agreement or to select another vendor to provide these services.

However, this approach is not recommended because staff believes MCC clients depend on staff recommendations when investing in marketing at the Conference Center. Monterey Signs remains committed to providing excellent branding, printing, and signage services for MCC clients while committing to sustainable practices in business, which aligns with MCC’s initiatives.

DISCUSSION:

For the past five years, Monterey Signs has collaborated with the Conference Center clients to identify key locations for signage and branding opportunities to help our conference planners elevate their attendee experience and sponsorship opportunities. Branding opportunities offered to our meeting planners may include large banners in the front of MCC, temporary vinyl wall coverings, elevator wraps, staircase branding and stand-alone signage throughout the building.

Monterey Signs is a Certified Green Business. The entire process of running their business includes the making of signs, the materials, the packaging, lighting, and consumables, which have all been reviewed and approved by Green Certified officials. Monterey Signs is 100% solar-powered as well. These certifications align nicely with the City of Monterey’s green initiatives and the MCC’s LEED certification.

Monterey Signs is locally owned and operated. Their professionalism and quality of work have earned multiple awards, including most recently Business of the Year 2017 and again in 2019 from the Monterey Peninsula Chamber of Commerce.

The agreement would be for three (3) years and may be extended for four (4) additional oneyear terms by written mutual agreement of the parties; each extension term shall commence on December 2nd of the respective year.

NR/th
Attachments: 1. Resolution
c: Shawn Adams, President Monterey Signs
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, 11/21/2023, Item No. 11., Item Page 2, Packet Page 101 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№010/23

AUTHORIZING AN AGREEMENT WITH MONTEREY SIGNS TO PROVIDE EVENT-DRIVEN

PRINTING AND SIGNAGE SERVICES AT THE MONTEREY CONFERENCE CENTER AS A

PREFERRED PROVIDER
WHEREAS, the City of Monterey desires to provide event-driven printing and signage services to Monterey Conference Center (MCC) clients who require large-scale printing, signage and graphic solutions for branding purposes, which cannot be provided by the City; WHEREAS, Monterey Signs responded to a Request for Proposal (RFP) for eventdriven printing and signage services sent to three qualified vendors, and two responded; WHEREAS, based on experience and qualifications presented, familiarity with largescale event-driven printing and signage needs at the MCC, business certifications that align with MCC’s sustainable and LEED initiatives, community reputation and references, Monterey Signs was selected as the Preferred Provider;
WHEREAS, the City will receive a commission at the rate of 10% in exchange for designating Monterey Signs as a preferred provider; 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, Sections 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 authorizes the City Manager to sign an agreement with Monterey Signs to provide event-driven printing and signage services at the Monterey Conference Center as a preferred provider.

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

Council Regular Meeting, 11/21/2023, Item No. 11., Item Page 3, Packet Page 102 2 AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 11/21/2023, Item No. 11., Item Page 4, Packet Page 103 Council
Agenda Report
№08/22
FROM: Tonya Hufford, Conference Center General Manager
SUBJECT: Amend Resolution 23-067, Changing the Position Control List by Adding One (1) Full-Time Facility Attendant and Removing One (1) Regular Part-Time Facility Attendant in the Monterey Conference Center (Not a Project Under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council Amend Resolution 23-067, the 2023-24 Position Control List for the Monterey Conference Center, by adding one (1) Full-time Facility Attendant and removing one (1) Regular Part-Time Facility Attendant.

VALUE DRIVERS:

Provide sufficient resources and support to develop, retain, and recruit a high-quality city workforce.

POLICY IMPLICATIONS:

It is within the City Council’s purview to modify the Position Control List as needed. This recommendation is consistent with City policy to ensure that critical City functions are properly staffed at the Monterey Conference Center and supports the value driver of “providing sufficient resources and support to develop and retain a high-quality city workforce.” In addition, the position supports the Conference Center operations, which supports Monterey’s economic vitality, one of the City of Monterey’s other value drivers.

FISCAL IMPLICATIONS:

Salary for the (1) FTE Facility Attendant is a base salary of $68,496 plus the annual benefits dollar amount of $33,040 for a total compensation of $101,536 at top step. Salary for the RPT Facility Attendant at Top Step is $51,308 plus the annual benefits dollar amount of $5,906 for a total compensation of $57,214. The salary implication would be an increase of $44,322 per year, the difference between the two positions. The amount will be prorated for the remaining months of the fiscal year. Funding for the recommended position would come from the General Fund, however, the Conference Center contributes $1.7 million in revenues for FY 2023/24.

Salary shown at Step 5 for full-time Facility Attendant positions.

Monthly Annually Benefits (%) Total
$5,708 $68,496 $33,040 $101,536
Salary shown at Step 5 for Regular Part-time Facility Attendant positions.

Monthly Annually Benefits (%) Total
$4,275 $51,308 $5,906 $57,214
Date: 11/21/2023
Item No.: 12.

Council Regular Meeting, 11/21/2023, Item No. 12., Item Page 1, Packet Page 104 ENVIRONMENTAL DETERMINATION:

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

ALTERNATIVES CONSIDERED:

The Council could choose not to add this position to the control list, but that is not recommended for the safe and efficient operations of the Monterey Conference Center, where the current staffing level is not sufficient to facilitate a 7-day-a-week public facility operation.

Without approval to fill this position, staff will have to hire on-call, part-time help, but that is not recommended because it would only potentially assist with having staff coverage to keep the building open and would not provide the performance of duties needed to meet the demand of operating an award-winning, first class, state-of-the-art Conference Center.

DISCUSSION:

The goal of the Monterey Conference Center (MCC) is to provide a modern, state-of-the-art meeting facility with world-class service to meet the needs of business-oriented visitors to the City of Monterey. The Conference Center’s operations are an investment in the community through the Transient Occupancy Tax (TOT), sales tax, and other economic benefits that are generated from business visitors, conferences, and events held at the Conference Center.

The Facility Attendant positions at the Conference Center play a vital role in the success of the City’s conference groups. Facility Attendants are responsible for the set-up and teardown of conferences, tradeshows, and local events, and they assist with building maintenance and custodial tasks. Facility Attendants are scheduled around the needs of the facility. They work nights, weekends, and holidays, and often have split days off. A 40-hour position gives the Conference Center the capability of having less of a gap in coverage than a 30-hour position does when scheduling a seven-day-a-week operation.

The Conference Center has seen an increase in business for FY 23/24. Group sales continue to outpace leisure travel and it is expected that this trend continues into future years. The Monterey Conference Center is also a recent Gold winner of the prestigious Stella Award for “World’s Best Conference Center”, beating out others around the globe for consistently delivering quality service and innovation to meeting and event professionals.

Adding a Full-Time facility attendant to the Operations Department of the Conference Center will further our ability to maintain an efficient seven-day-a-week operation.

Council Regular Meeting, 11/21/2023, Item No. 12., Item Page 2, Packet Page 105 NR/th
Attachments: 1. Resolution

2. Exhibit A: Position Control List
c: Brette Neal, Human Resources Director
Rafaela King, Finance Director
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 11/21/2023, Item No. 12., Item Page 3, Packet Page 106 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№010/23
AMENDING RESOLUTION 23-067 CHANGING THE POSITION CONTROL

LIST BY ADDING ONE FULL-TIME FACILITY ATTENDANT POSITION

AND REMOVING ONE REGULAR PART-TIME FACILITY ATTENDANT IN

THE MONTEREY CONFERENCE CENTER
WHEREAS, the Monterey Conference Center would be better served by amending Resolution 23-067 C.S. to change the Position Control List for the Monterey Conference Center by adding one Full Time Facility Attendant and deleting one Regular Part-Time (RPT) Facility Attendant position;
WHEREAS, the Full Time Facility Attendant has an annual salary of $68,496 with benefits totaling $33.040 for a total compensation package of $101,536; WHEREAS, the Regular Part-Time Facility Attendant has an annual salary of $51,308 with benefits totaling $5,906 for a total compensation package of $57,214; WHEREAS, the difference between the two positions, in the amount of $44,322 is the total funding required and will be prorated for the remaining months of the fiscal year; 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, Chapter3 ("CEQA Guidelines"), Article 20, Section15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the Position Control List adopted by Resolution 23-067 C.S. is amended as follows:

Department Adopted Amended
Conference Center (101-6231)
Regular Part-Time Facility Attendant 3 2
Full-Time Facility Attendant 0 1
Council Regular Meeting, 11/21/2023, Item No. 12., Item Page 4, Packet Page 107 2 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, 11/21/2023, Item No. 12., Item Page 5, Packet Page 108 CITY MANAGER DEPARTMENT Administration
Community
Resources/
Education City Clerk Total Allocation
Fund 101 0210 0211 0321

1.00 1.00

0.83 0.83

1.00 1.00

1.00 1.00
Total City Manager Dept 2.83 1.00 2.00 0.00 0.00 0.00 5.83 Conference Center Administration Sales
Event
Operations Maintenance Total Allocation
Fund 101 6210 6220 6231 6232

1.00 1.00
Custodian 1.75 1.75

1.00 1.00

1.00 1.00
Event Coordinator 1.00 1.00

1.00 1.00

2.50 2.50
Operations Coordinator 1.00 1.00

1.00 1.00
Senior Facility Attendant 1.00 1.00

1.00 1.00
Total Conference Center 2.00 1.00 9.25 1.00 0.00 0.00 13.25

INFORMATION RESOURCES

DEPARTMENT
Information
Resources Total Allocation
Fund 710 0340

1.00 1.00

0.17 0.17

1.00 1.00

1.00 1.00
Senior Information Tech Specialist 1.00 1.00
IT Application Engineer II 3.00 3.00

1.00 1.00
Total Information Services Dept 9.17 0.00 0.00 0.00 0.00 0.00 9.17

CITY ATTORNEY DEPARTMENT
City Attorney
Administration Total Allocation
Fund 101 0500

1.00 1.00

1.00 1.00
Total City Attorney Dept 4.00 0.00 0.00 0.00 0.00 0.00 4.00 HUMAN RESOURCES Administration (1)
Workers' Comp/
Employee
Benefits(2) Total Allocation
Fund 101(1)/715(2) 0600 0612

1.00 1.00
Assistant HR Director 0.50 0.50 1.00
Human Resources Coordinator 2.00 2.00

0.75 0.25 1.00
Human Resources Specialist 1.00 1.00
Senior Human Resouces Analyst 1.00 1.00
Total Human Resources Dept 5.25 1.75 0.00 0.00 0.00 0.00 7.00

AMENDED POSITION CONTROL LIST
FISCAL YEAR 2023-24
Communications Manager
Administrative Assistant
Assistant City Manager
City Manager
Facility Attendant
Operations Supervisor
Senior Craftsworker
Chief Information Officer
Assistant City Manager
GEO Info System (GIS) Coordinator
City Clerk
Executive Assistant
Conference Center General Mgr
Event & Sales Assistant
Sales Coordinator
Event Supervisor
Legal Secretary
Human Resources Analyst
Human Resources Director
Network Engineer II
Information Technology Specialist
Systems & Network Administrator
Assistant City Attorney
City Attorney
Deputy City Attorney

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 12., Item Page 6, Packet Page 109 FINANCE DEPARTMENT Finance (1) Revenue Accounting Revenue(2) Risk
Management (3) Total Allocation
Fund 101(1)/807(2)/716(3) 1110 1120 1130 1120 1143

1.00 3.00 4.00
Accounting Assistant 1.00 1.00

1.70 2.00 0.30 4.00

1.00 1.00
Business License Inspector 1.00 1.00

1.00 1.00

1.00 1.00 2.00

0.75 0.25 1.00
Finance Manager 1.00 1.00 2.00
Risk Manager 1.00 1.00
Total Finance Dept 1.750 5.70 9.00 0.300 1.25 0.00 18.00 POLICE DEPARTMENT Administration Field Operations Support Investigations/
Community
Services
Investigations/
Community
Services(2) Total Allocation
Fund 101(1)/807(2) 2110 2120 2130 2140 2120
Assistant Police Chief 1.00 1.00
Homeless Navigator 1.00 1.00

1.00 1.00
Police Officer 34.00 5.00 0.00 39.00

7.00 2.00 9.00

2.00 1.00 3.00
Community Service Officer 2.00 2.00

1.00 2.00 3.00
Police Services Technician 8.00 8.00

1.00 1.00

3.00 3.00
Total Police Dept 5.00 45.00 14.00 8.00 0.00 0.00 72.00 FIRE DEPARTMENT Administration
Fire Prevention
& Emerg.

Preparedness Fire Operations Fire Training Total Allocation Fund 101 2510 2520 2530 2540

1.00 1.00

1.00 1.00
Fire Inspector II 1.00 1.00

1.00 1.00

3.00 1.00 4.00
Fire Captain 21.00 21.00

24.00 24.00

30.00 30.00

1.00 1.00
Total Fire Dept 6.00 1.00 78.00 1.00 0.00 0.00 86.00

PUBLIC WORKS DEPARTMENT
Administration(1
)
Neighborhood
Improvement
Fund Admin(2)
Presidio Maint.

Admin(3) Total Allocation
Fund 101(1)/216(2)/650(3) 3110 3110 3110

1.00 1.00
Accounting Assistant 1.00 1.00

0.50 0.10 0.60

0.10 0.10

0.50 0.25 0.75

1.00 1.00
Engineering Project Manager 1.00 1.00

1.00 1.00

1.00 1.00
Accountant/Auditor
Accounting Specialist
Police Lieutenant
Police Services Assistant
Police Records/Detention Supervisor
Senior Administrative Analyst
Senior Police Services Technician
Assistant Fire Chief
Assistant Finance Director
Executive Assistant
Finance Analyst
Finance Director
Police Chief
Police Sergeant
Engineering Programs Analyst
Firefighter
Senior Adminstrative Analyst
Accounting Specialist
Deputy PW Director/City Engineer
PW Administrative Services Mgr
Executive Assistant
Fire Chief
Fire Prevention Technician
Deputy Fire Marshal
Division Chief
Fire Engineer
Executive Assistant
Senior Administrative Analyst
Deputy PW Director/Admin

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 12., Item Page 7, Packet Page 110

1.00 1.00
Total Administration 5.00 1.00 2.45 0.00 0.00 0.00 8.45 Engineering Engineering(1)
Sewer Line
MaintenanceEngineering(2)Storm Drain
Engineering(3)
Presidio Proj
Engineering &
Admin(4) Total Allocation
Fund 101(1)/279(2)/280(3)/650(4) 3121 3121 3121 3159

2.00 2.00

2.85 0.15 2.00 5.00

1.00 1.00

0.50 0.20 0.20 0.90

1.00 1.00

1.00 1.00
Engineering Project Manager 1.00 1.00 2.00

1.00 1.00

3.40 0.30 0.30 1.00 5.00

1.00 1.00

1.00 0.42 0.58 2.00

0.14 0.86 1.00
Total Engineering 16.75 1.21 1.94 4.00 0.00 0.00 23.90
Vehicle Management -Mechanical Mechanical Total Allocation Fund 708 3154

4.00 4.00
Administrative Assistant 1.00 1.00

1.00 1.00

1.00 1.00
Total Vehicle Mgmt.-Mechanical 8.00 0.00 0.00 0.00 0.00 0.00 8.00 Building Maintenance
Building
Maintenance(1)
Presidio Maint.

Bldgs(2)
Presidio Camp
Roberts(2)
Presidio Naval
Research(2) Total Allocation
Fund 101(1)/650(2) 3152 3152 3163 3164

1.00 11.00 1.00 1.00 14.00

1.00 3.00 4.00

0.15 0.85 1.00

0.25 0.75 1.00

2.00 2.00

4.00 4.00

1.00 2.00 1.00 4.00

1.00 1.00 1.00 3.00

1.00 1.00

2.00 1.00 3.00

1.00 4.00 5.00

1.00 1.00

1.00 1.00
Building Maintenance 5.40 33.60 4.00 2.00 0.00 0.00 45.00 Streets/Sewer/Stormdrain
Maintenance Maintenance(1)
Presidio Maint.

Streets(2)
Sewer
Maintenance(3)
Storm Drain
Maintenance(4) Total Allocation
Fund 101(1)/650(2)/279(3)/280(4) 3151 3151 3153 3155

0.30 0.20 0.30 0.20 1.00

0.49 0.40 0.11 1.00

0.02 0.01 0.03

1.00 2.00 1.00 4.00

1.00 1.00

0.74 1.13 0.13 2.00

2.00 1.00 2.00 1.00 6.00

1.00 1.00 2.00
Total Streets 6.53 2.33 5.85 2.32 0.00 0.00 17.03
Custodial Services Custodial Total Allocation
Fund 101 3172
Associate Civil Engineer
City Traffic Engineer
Construction Project Manager
Deputy PW Director/City Engineer
Engineering Assistant II
Engineering Technician
Public Works Inspector
Public Works Director
Administrative Assistant
Fleet Manager
Lead Mechanic
Building Maintenance Craftsworker
Electrician
General Srvc Superintendent
Admin Services Technician
Senior Engineer
Senior Public Works Inspector
Environmental Reg. Analyst
Environmental Reg. Manager
Automotive Mechanic
Parts Clerk
HVAC Senior Technician
Senior Craftsworker
Senior Locksmith
Senior Parts Clerk
Streets & Utilities Operations Manag
Administrative Assistant
Administrative Analyst
Administrative Assistant
Building Maintenance Supervisor
Building Maintenance Worker
Facilities Maintenance Coordinator
Historic Facilities Sr. Craftsworker
PW Administrative Services Mgr
Senior Street Maintenance Worker
Sign Craftsworker
Street Maintenance Leadworker
Street Maintenance Worker
Street & Utilities Supervisor

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 12., Item Page 8, Packet Page 111

7.00 7.00
Lead Custodian 1.00 1.00

2.00 2.00
Total Custodial Services 10.00 0.00 0.00 0.00 0.00 0.00 10.00 Marina/Harbor
Administration(1
) Maintenance(1) Security(1)
Administration(2
) Maintenance(2) Security(2) Total Allocation
Fund 600(1)/807(2) 3310 3320 3330 3410 3420/3440 3430

0.50 0.50 1.00
Harbor Coordinator 1.00 1.00 2.00

1.50 1.50

0.80 0.20 1.00

0.10 0.10 0.20

0.04 0.03 0.07

1.00 1.00 2.00

0.50 0.50 1.00

2.775 0.98 3.75
Total Marina/Harbor 2.44 1.50 2.775 1.83 3.00 0.98 12.52 Parking Administration Enforcement Maintenance
Parking
Services Total Allocation
Fund 625 3510 3520 3530 3540

2.75 2.75

1.00 1.00

0.75 0.75

1.00 1.00

0.20 0.20

0.15 0.15

8.00 8.00

1.00 1.00

2.00 2.00

1.00 1.00

4.00 4.00

0.50 0.50 1.00

4.50 4.50

1.00 1.00

1.00 1.00
Total Parking 6.35 10.00 9.00 6.00 0.00 0.00 31.35
Community Development Department Planning
Building Safety
& Inspection Total Allocation
Fund 101 4400 4410

2.00 1.75 3.75

0.00 0.00

0.60 0.60

1.00 1.00

3.00 3.00

1.00 1.00

1.00 1.00
Planning Manager 1.00 1.00

1.00 1.00

1.00 1.00
Total Community Development 10.60 6.75 0.00 0.00 0.00 0.00 17.35 Housing & Property Management
Property
Mgmt(1)
Property
Mgmt(2)
Housing
Admin(1)
Housing
Admin(3)
Housing
Admin(4)
Housing
Projects(4) Total Allocation
Fund 101(1)/807(2)/268(3)/270(4)/274(5) 4300 4300 4305 4305 4305 4310

0.15 0.85 1.00 2.00

0.10 0.30 0.40

2.50 0.25 0.25 3.00
Housing Manager 1.00 1.00
Custodian
Senior Custodian
Harbormaster
Facility Attendant (RPT)
Marina Harbor Assistant
Administrative Assistant
Parking Superintendent
PW Administrative Services Mgr
Parking Enforcement Officer
Parking Enforcement Supervisor
Deputy PW Director/Admin
PW Administrative Services Mgr
Harbor Maintenance Craftsworker
Harbor Maintenance Leadworker
Harbor Security Worker
Accounting Assistant
Accounting Specialist
Parking Services Representative
Parking Services Specialist
Senior Parking Controls Technician
Administrative Assistant
Associate Planner
Community Development Director
Senior Parking Enforcement Off.

Parking Controls Technician
Parking Maintenance Supervisor
Parking Maintenance Leadworker
Parking Maintenance Worker
Parking Services Coordinator
Building Technician
Chief Of Inspct Srvc/Bldg Off.

Senior Building Inspector
Inspector
Administrative Assistant
Principal Planner
Senior Associate Planner
Code Compliance Coordinator
Sustainability Manager
Sustainability Assistant
Plans Examiner
Community Development Director
HCD Coordinator - Projects/Prgm.

Deputy PW Director/Admin

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 12., Item Page 9, Packet Page 112

0.15 0.85 1.00
Total Housing & Property Mgmt 0.40 2.00 4.50 0.25 0.25 0.00 7.40 Parks & Recreation Department Administration Total Allocation Recreation
Fund 101 5110

1.00 1.00

0.34 0.34

1.00 1.00
Recreation Supervisor 1.00 1.00
Total Recreation 3.34 0.00 0.00 0.00 0.00 0.00 3.34
Recreation Centers
El Estero Park
Center
Scholze Park
Center
Hilltop Park
Center Casanova Park
Special
Programs &
Events Sports Total Allocation
Fund 101 5121 5122 5124 5125 5130 5160

1.00 1.00 1.00 3.00
Sports Coordinator 1.00 1.00
Lead Preschool Instructor 0.75 0.75

0.50 1.00 0.50 2.00
Total Centers 1.50 1.00 1.75 0.00 1.00 1.50 6.75
Monterey Sports Center Operations Maintenance Total Allocation Fund 101 5180 5189

1.00 1.00

1.00 1.00
Fitness Supervisor 1.00 1.00
Guest Service Specialist 1.00 1.00

0.33 0.33

1.00 1.00
Sports Coordinator 1.00 1.00

1.00 1.00

1.00 1.00
Total Sports Center 7.33 2.00 0.00 0.00 0.00 0.00 9.33
Parks Maintenance(1)
Presidio
Maintenance(2)
Street
Maintenance
District(3)
Vets Park /
Urban
Forestry(1) Cemetery (4) Parking (5) Total Allocation
Fund 101(1)/650(2)261-262(3)610(4)625(5) 5210 3210 5210 5220/5230 5240 5210

0.70 0.25 0.05 1.00
Management Analyst I 1.00 1.00

1.00 1.00

1.00 1.00
Park Maintenance Leadworker 2.00 2.00

1.00 1.00
Park Maintenance Worker 9.10 0.40 0.50 1.00 11.00

0.80 0.03 0.15 0.02 1.00

0.33 0.33

3.00 3.00

0.50 0.50 1.00
Greenbelt Coordinator 1.00 1.00

1.00 1.00

1.00 1.00
Total Parks 18.93 0.53 0.40 3.90 2.57 1.00 27.33
Museum Administration Total Allocation
Fund 101 5610
Artifact Specialist 0.75 0.75

0.25 0.25
Total Museum 1.00 0.00 0.00 0.00 0.00 0.00 1.00
LIBRARY Administration (1)
Reference
Services (1)
Administration
Trust (2) Total Allocation
Park Attendant
Recreation Coordinator
Recreation Specialist
Administrative Assistant
Aquatics Coordinator
Facility Coordinator
Property Manager
Administrative Assistant
Parks & Rec Director
Recreation Manager
Urban Forester
Cemetery Coordinator
Cemetery Maintenance Worker
Administrative Assistant
Park Maintenance Craftsworker
Park Maintenance Supervisor
Park Operations Manager
Parks & Rec Director
Senior Park Maintenance Worker
Assistant Urban Forester
Parks & Rec Director
Sports Center Manager
Building Maintenance Craftsworker
Senior Craftsworker
Admin Services Technician

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 12., Item Page 10, Packet Page 113 Fund 101(1)/810(2) 5510 5530 550-5510

0.75 0.75

1.00 1.00

0.75 0.75

3.75 3.75

1.00 1.00

3.75 3.75

1.00 1.00
Total Library 1.75 10.25 0.00 0.00 0.00 0.00 12.00
GRAND TOTAL 141.32 127.62 144.92 30.60 8.07 3.48 456.00 Library Assistant I
Library Assistant II
Technology Services Mgr
Librarian
Library Manager
Administrative Assistant
Library Director

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 12., Item Page 11, Packet Page 114 Council
Agenda Report
№08/22
FROM: Brette Neal, Human Resources Director
SUBJECT: Adopt a Cash Incentive, and Amend and Restate Resolution 23-068, the FY 23/24 Salary Schedule, to Increase the Top Step of the Salary Schedule, for Specified Engineering Positions in the Public Works Department that are Difficult to Attract and Retain (Not a Project Under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) – Continued from November 7, 2023
RECOMMENDATION:

That the City Council adopt a resolution implementing the following incentives to help attract and retain specified engineering positions in the Public Works Department.

Adding a Cash Incentive for the following positions:

1. Associate Civil Engineer

2. Construction Projects Manager

3. Engineering Assistant I

4. Engineering Assistant II

5. Engineering Project Manager

6. Engineering Technician

7. Senior Engineer
Increasing the Top Step:

That the City Council adopt a resolution to amend and restate Resolution 23-068 to increase to the top step for specified difficult-to-fill and retain engineering positions in the Public Works Department. Eligible positions to receive an increase in the top step of the salary schedule are:

1. Associate Civil Engineer

2. Engineering Assistant I

3. Engineering Assistant II

4. Engineering Technician

5. Senior Engineer
VALUE DRIVERS:

Provide sufficient resources and support to develop, retain, and recruit a high-quality City workforce.

POLICY IMPLICATIONS:

This recommendation to add an Attraction and Retention Incentive and an increase in the top step of the salary schedule for difficult-to-recruit and retain positions is in line with current policy.

Monterey City Charter section 5.3 requires that the City Council, by a four-fifths (4/5) vote, fix the amount of compensation paid to City employees. Compensation includes benefits such as the proposed Attraction and Retention incentive pay.

Date: 11/21/2023
Item No.: 13.

Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 1, Packet Page 115 FISCAL IMPLICATIONS:

The cash incentive and increase to the top step of the salary schedule would be funded through the project chargebacks funded through Measure S, Measure X, CIP, and NCIP projects and the General Fund at the fully burdened rate of each position.

The table below outlines the engineering classifications that would receive an increase to their top step and the new proposed top step.

Classification Step 1 Step 2 Step 3 Step 4 Step 5
≈ %
Increase
Proposed
Step 5
Associate Civil Engineer $110,160.00 $115,632.00 $121,440.00 $127,464.00 $133,848.00 5.46% $141,576 Engineering Assistant I $79,200.00 $83,184.00 $87,384.00 $91,704.00 $96,264.00 5.20% $101,544 Engineering Assistant II $89,544.00 $93,936.00 $98,808.00 $103,608.00 $108,840.00 5.20% $114,816 Engineering Technician $71,928.00 $75,480.00 $79,296.00 $83,232.00 $87,432.00 7.94% $94,968 Senior Engineer $131,496.00 $138,432.00 $145,728.00 $153,384.00 $161,448.00 4.72% $169,440 Below are the positions that will receive a $12,000 total annual cash bonus. This cash payment incentive would be paid quarterly (i.e., $ $3,000 per quarter) to new and existing employees in the classifications listed below. Based on the current approved sixteen positions in the Position Control List, the total annual cost is $192,000 with quarterly payments of $48,000, as shown in the table below

1. Associate Civil Engineer

2. Construction Projects Manager

3. Engineering Assistant I

4. Engineering Assistant II

5. Engineering Project Manager

6. Engineering Technician

7. Senior Engineer
Position Total
Positions
Incentive Annual Cost Quarterly Cost
Associate Civil Engineer 5 $12,000 $60,000 $15,000
Construction Projects
Manager
1 $12,000 $12,000 $3,000
Engineering Assistant I 1 $12,000 $12,000 $3,000
Engineering Assistant II 0 $12,000 $0 $0
Engineering Project
Manager
3 $12,000 $36,000 $9,000
Engineering Technician 1 $12,000 $12,000 $3,000
Senior Engineer 5 $12,000 $60,000 $15,000
Total Cost of Incentive for
FY 23-24 per PCL
16 $192,000 $48,000
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 2, Packet Page 116 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.

ALTERNATIVES CONSIDERED:

The City Council could choose not to approve the staff recommendation. However, that is not recommended as certain engineering positions in the Public Works Department are difficult to fill and/or retain due to the condition of the current labor market. Not approving this recommendation would keep the City of Monterey in a disadvantaged position compared to other agencies which offer more generous compensation and other incentives. Not approving this recommendation would result in annual funding dedicated to Capital Improvement Projects (CIP) and Neighborhood and Community Improvement Program (NCIP) projects would not be spent while the costs for replacement, reconstruction and maintenance will continue to rise.

DISCUSSION:

The City is in a very difficult situation and struggles to invest in City infrastructure due to a nationwide shortage of qualified and experienced engineering professionals. “The problem is clear to many leaders in the architecture, engineering, and construction industry: There simply are not enough engineers to do all the infrastructure work planned or underway in the U.S. This is especially true following the recent influx of hundreds of billions of dollars in federal funding over the next several years from the Infrastructure Investment and Jobs Act and the Inflation Reduction Act.”1
The critical issue facing the City is simply this: The City’s NCIP and CIP current combined budgets are more than $68 million dollars in funds already allocated to various infrastructure projects. NCIP accounts for approximately $12 million dollars and 83 projects, while CIP has $56 million dollars and 104 projects.

The average annual funding for City infrastructure and NCIP amounts to $30M annually. Below are current annual estimates:

General Fund/CIP $750K to $2M
NCIP $6.5M
Measure P/S $14.5M (restricted funds for roads, sidewalks, ADA, storm drains) Measure X $1.6M (restricted to transportation improvements) SB 1 $700K (restricted funds for roads)
Gas Tax $400K (restricted funds for roads)
Grant funded $1.5M (restricted funds with deadlines for expenditures) 1 Civil Engineering Magazine, Volume 93, Issue 3 (May/June 2023), Robert L. Reid, Help Wanted Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 3, Packet Page 117 Other funds $2.9M (restricted funds such as sewer, tidelands, parking, marina) On various occasions, the City Council has discussed the new post-pandemic normal with respect to the economy, health, climate change, as well as race relations. As a direct outflow of the economic recovery, we are now facing three facts:

1. The City’s infrastructure assets are many; they are aging and require capital-intensive rehabilitation and/or replacements. Consider our assets such as Fire Stations, Public Safety Building, Library, and so many others. A comprehensive CIP needs analysis is forthcoming.

2. The federal stimuli packages added trillions of dollars into all sectors of our economy.

COVID relief funding exceeded $4.6T, and the bi-partisan infrastructure act will add another $1.2T over the next 4 years into our nation’s roads, bridges, mass transit, water distribution systems, etc. The shortage of engineering professionals as well as the influx of funding results in a highly competitive market for engineers.

3. Additional local sales tax measures such as Measure P/S and X complement an impressive and once-in-a-lifetime funding stream.

4. Our residents have the rightful expectation that NCIP and CIP funds are being spent in a timely and responsible manner.

Faced with these challenges, Staff recommends the following measures to ensure our City’s assets remain functional, attractive, and operational. Stated differently, staff proposes a set of engineering-related benefits to help the City to remain competitive in a very tight labor market.

For difficult-to-fill positions, there have been recruitments that resulted in a limited number, or in some cases, no qualified applicants. At times, qualified candidates have rejected employment offers due to competing, higher-wage offers from other agencies. The lack of qualified applicants has significantly impacted the City’s ability to manage and deliver infrastructure projects. The number of registered professional engineering staff employed by the City has declined over the past four years. Consequently, staff proposes two programs: (1) increasing the top step in the salary schedule for specified positions; and (2) cash payments.

Increasing Top Step
To effectively compete in the current labor market, the City must be seen as a viable option for positions in the engineering field. The Tri-County area, consisting of Monterey County, San Benito County, and Santa Cruz County, is the City’s closest competitive market for engineering positions. After comparing salaries with the counties of Monterey, Santa Cruz, and San Benito, as well as the cities of Seaside, Marina, Salinas, Soledad, Hollister, Santa Cruz, Scotts Valley, and Watsonville, the City of Monterey is currently not in the top three for our engineering positions. Increasing the top step of the salary for specified positions will not only allow us to be competitive when recruiting, it will assist in retaining the talent we currently have. It is important to acknowledge the nexus between recruitment and retention as well as the opportunity costs if we fail to do so.

Adding a Cash Incentive
In addition to increasing the top step of some engineering positions, Staff recommends implementing a cash payment incentive. This program will offer an incentive of $12,000 per year, to be paid quarterly for the identified difficult-to-fill positions in Public Works. This program will sunset on June 30, 2024; its continuation may be considered as part of the annual budget Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 4, Packet Page 118 process, and can end at any time at the direction of the City Council. An attraction and retention incentive has been implemented by other agencies as well as the Federal Government.

Currently, the City is conducting a citywide total compensation study to ensure we are offering a competitive base salary and benefits. The Director of Public Works' salary will be assessed at the conclusion of the citywide wage study along with the remaining executive team. Candidates are more likely to consider working for the City if the compensation is attractive, particularly in a region with a high cost of living. The City must do more to compete with other public agencies and the private sector. Staff has also learned that in recent months, private employers are finding it difficult to hire engineers due to the tight labor market and cost-of-living in the region.

As a result, private firms and other local agencies have approached the City’s engineers and successfully recruited them. Because the recruitment challenge also affects consultants, it limits their capacity to deliver projects as well. Our engineers are the most qualified to review and lead projects as they are the most familiar with the City’s infrastructure and needs; it does not behoove the City to rely only on consultants. The other aspect that has been affected is the ability to apply for grants and manage grant projects. With staffing shortages, the focus is on failing infrastructure, and the city has been relying on consultants to apply for grants.

Offering a cash incentive to increase the compensation package provides an immediate financial incentive for prospective applicants to join the City of Monterey, and to retain our top talent. Staff recommends retaining existing talent with incentive payments to existing employees. Another benefit to offering the cash incentive is that it can increase current employee productivity and Engineering Division morale.

Over the past three years, the following positions within the City’s Public Works Department have become vacant due to the incumbents being offered higher compensation:
 Senior Engineer (2)
 Principal Engineer
 Public Works Director
 Engineering Assistant (2)
 Construction Projects Manager
The loss of talent and experience affects project delivery and continuity of programs. The City has infrastructure and facility projects that need to be addressed in a timely manner. Measure S, Measure X, Gas tax, SB1, NCIP, Stormwater, Sewer, and grant projects need to progress.

For new employees, the incentive will be split evenly into four quarterly payments, with the first payment due upon hire. For existing employees, the incentive will be split evenly into four quarterly payments, with the first payment due as soon as administratively possible following Council approval. The second and all remaining payments shall be distributed on the first paycheck after the end of a calendar year quarter (i.e., January, April, July, and October).

The cash incentive is not considered part of the base salary and will not be included for the purpose of retirement benefit calculations or salary increases. The cash incentive will be subject to federal and state tax withholdings as appropriate.

The City has met and conferred with the affected bargaining groups, the Management Employees’ Association (MEA) and the General Employees of Monterey (GEM) regarding the incentive pay and step increases. MEA does not oppose staff recommendations, but has expressed concerns about the cash incentive and salary levels across all positions within their membership.

Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 5, Packet Page 119 GEM has voted to reject the City’s proposal to increase the salaries of employees in the Engineering Division.

GEM’s position is as follows:

Our position is that the City should not be picking and choosing which positions to survey and that a GEM wide salary survey ought to be considered and implemented as part of negotiations in 2024. Given that the City has contracted to do a survey and we will be in bargaining very soon, we look forward to additional discussions about market based adjustments for GEM in the near future.

Further, the City was not able to demonstrate to us that there was any legitimate recruitment or retention issue amongst these positions. There are many other positions throughout GEM that have had much more serious turnover and recruitment issues that are not being looked at for pay increases.

The City’s response regarding increasing the salaries of GEM classifications in the Engineering Division (Engineering Technician, Engineering Assistant I and Engineering Assistant II) is that attracting young professionals is important because we are investing in the future of the Engineering Division. Engineering Technicians are entry-level positions that are generally held by recently graduated engineers. The next step in that progression is Engineering Assistant I and II. Engineering Assistants have an Engineer in Training certification. This is the step where engineers receive training and on-the-job experience to qualify to take their Professional Engineering License test. Once they pass the minimum qualifications and pass the civil, seismic, and surveying exams with the California Board for Professional Engineers, Land Surveyors, and Geologists - they become Registered Professional Engineers and are eligible for promotion to Associate Engineer. After receiving their license, they can call themselves "Engineers." This career progression leads to future Senior Engineers, City Engineers, City Traffic Engineers, and Public Works Directors.

Staff understands and appreciates the expressed concerns. Those concerns, however, are outweighed by the realities of the engineering labor market paired with millions of taxpayer dollars not being able to be invested into our community. The City has been working on a Citywide Total Compensation and Salary Survey to be completed in the first half of 2024.

However, the scarcity in the engineering labor market requires the City to make adjustments now. For these reasons, staff recommends approval of the presented measures.

BN/gr
Attachments: 1. Resolution – Cash Incentive

2. Resolution – Salary Schedule with Exhibit A - Full-time and Regular Parttime Salary Schedule e:

Rafaela King, Finance Director
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 6, Packet Page 120 RESOLUTION NO. __-___ C.S.

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

ADOPTING A CASH INCENTIVE FOR SPECIFIED DIFFICULT-TO-FILL AND RETAIN

ENGINEERING POSITIONS IN THE PUBLIC WORKS DEPARTMENT
WHEREAS, the City needs the ability to attract and retain top candidates in specified difficult-to-fill engineering positions in the Public Works department; WHEREAS, the City has had difficulty recruiting and retaining the positions referenced below in the Public Works Department. This has significantly hindered the City’s ability to complete construction projects;
WHEREAS, the City would be better served by adopting a resolution to approve an Attraction and Retention Incentive of $12,000 annual cash bonus per year for specified difficultto-fill engineering positions in the Public Works Department to promote the public interest in recruiting and retaining these positions, which include:

1. Associate Civil Engineer

2. Construction Projects Manager

3. Engineering Assistant I

4. Engineering Assistant II

5. Engineering Project Manager

6. Engineering Technician

7. Senior Engineer
WHEREAS, the incentive will be paid quarterly (i.e., $3k per quarter) to new employees and existing employees in the classifications listed above.

WHEREAS, the incentive will sunset on June 30, 2024, and be considered for an extension as part of the annual budget process based on the efficacy of this incentive, and can cease at any time at the discretion of the City Council; WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the foregoing recitals are true and correct and are incorporated by reference as if fully set forth herein.

Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 7, Packet Page 121 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that a cash incentive of $12,000 per year is approved and is to be paid to the specified positions in quarterly installments.

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, 11/21/2023, Item No. 13., Item Page 8, Packet Page 122 RESOLUTION NO. __ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№12/12
AMENDING AND RESTATING RESOLUTION 23-068, THE FY 22/23 SALARY SCHEDULE WHEREAS, this update to the Salary Schedule includes increasing the top step for specified difficult-to-fill engineering positions in the Public Works department, which include:

Classification Step 1 Step 2 Step 3 Step 4 Step 5
≈ %
Increase
Proposed
Step 5
Associate Civil
Engineer $110,160.00 $115,632.00 $121,440.00 $127,464.00 $133,848.00 5.46% $141,576 Engineering Assistant
I $79,200.00 $83,184.00 $87,384.00 $91,704.00 $96,264.00 5.20% $101,544 Engineering Assistant
II $89,544.00 $93,936.00 $98,808.00 $103,608.00 $108,840.00 5.20% $114,816 Engineering
Technician $71,928.00 $75,480.00 $79,296.00 $83,232.00 $87,432.00 7.94% $94,968 Senior Engineer $131,496.00 $138,432.00 $145,728.00 $153,384.00 $161,448.00 4.72% $169,440 WHEREAS, California Code of Regulations, Title 2, Section 570.5, and Government Code section 20636(b)(1) require governing bodies of local agencies contracting with CalPERS to adopt a publicly available pay schedule;
WHEREAS, 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 Section 15061 includes the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action has no potential to cause any effect on the environment, this matter is not a project. Because the proposed action does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

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

1. Amends and restates Resolution 23-068, the salary schedule, attached hereto and incorporated by reference as Exhibit A, effective November 7, 2023;

2. All prior Salary Schedule resolutions for all employees that were adopted by the City Council are repealed effective November 6, 2023.

Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 9, Packet Page 123 2 PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 10, Packet Page 124 City of Monterey
Full-Time Salary Schedule and
Regular Part-Time Hourly Schedule
FY 23/24
Effective: 07-01-23 to 06-30-24

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 11, Packet Page 125 12/13/2022 CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (COUNC) Effective 7/01/2023 Through 6/30/2024
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 8101 COUNCIL MEMBER ft counc Step: 1301 215.00 5,160.00 301 8101 MAYOR ft counc Step: 1300 338.00 8,112.00 300
oll General Info\CRYSTAL REPORTS\SalarySch-Annual2.rpt Page 1 of 1

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 12, Packet Page 126 8/22/2023 CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (MEMEA) Effective 7/01/2023 Through 6/30/2024
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 1122 ASSISTANT CITY MANAGER ft exec Step: 5010 10,005.00 240,120.00 010 9201 CITY ATTORNEY pt exec Step: 5002 10,650.00 255,600.00 002 1101 CITY MANAGER ft exec Step: 5001 11,329.00 271,896.00 001 1110 COMMUNITY DEVELOPMENT DIRECTOR ft exec Step: 5006 8,427.00 202,248.00 006 1128 DIR OF INFO RES/CITY CLERK ft exec Step: 5283 7,027.00 168,648.00 283 1106 FINANCE DIRECTOR ft exec Step: 5004 8,427.00 202,248.00 004 9200 FIRE CHIEF pt exec Step: 5 10,005.00 240,120.00 005 1112 HUMAN RESOURCES DIRECTOR ft exec Step: 5277 8,427.00 202,248.00 277 1105 LIBRARY DIRECTOR ft exec Step: 5003 8,427.00 202,248.00 003 1292 PARKS AND RECREATION DIRECTOR ft exec Step: 5014 8,427.00 202,248.00 014 1111 POLICE CHIEF ft exec Step: 5007 10,649.00 255,576.00 007 1116 PUBLIC WORKS DIRECTOR ft exec Step: 5009 9,160.00 219,840.00 009 General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 1 of 1

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 13, Packet Page 127 11/08/2023 CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (MEA) Effective 7/01/2023 Through 6/30/2024
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 1203 ADMINISTRATIVE ANALYST ft mea Step: 1015 3,780.00 90,720.00 015 1203 ft mea Step: 2015 3,971.00 95,304.00
1203 ft mea Step: 3015 4,168.00 100,032.00
1203 ft mea Step: 4015 4,377.00 105,048.00
1203 ft mea Step: 5015 4,596.00 110,304.00
1207 ASSISTANT CITY ATTORNEY ft mea Step: 1200 7,150.00 171,600.00 200 1207 ft mea Step: 2200 7,527.00 180,648.00
1207 ft mea Step: 3200 7,923.00 190,152.00
1207 ft mea Step: 4200 8,340.00 200,160.00
1207 ft mea Step: 5200 8,779.00 210,696.00
1264 ASSISTANT FINANCE DIRECTOR ft mea Step: 1263 5,931.00 142,344.00 263 1264 ft mea Step: 2263 6,228.00 149,472.00
1264 ft mea Step: 3263 6,540.00 156,960.00
1264 ft mea Step: 4263 6,867.00 164,808.00
1264 ft mea Step: 5263 7,211.00 173,064.00
1298 ASSISTANT HR DIRECTOR ft mea Step: 1370 5,931.00 142,344.00 370 1298 ft mea Step: 2370 6,228.00 149,472.00
1298 ft mea Step: 3370 6,540.00 156,960.00
1298 ft mea Step: 4370 6,867.00 164,808.00
1298 ft mea Step: 5370 7,211.00 173,064.00
1208 ASSOCIATE CIVIL ENGINEER ft mea Step: 1018 4,590.00 110,160.00 018 1208 ft mea Step: 2018 4,818.00 115,632.00
1208 ft mea Step: 3018 5,060.00 121,440.00
1208 ft mea Step: 4018 5,311.00 127,464.00
1208 ft mea Step: 5018 5, 899.00 141,576.00
ASST DIR OF INFO RESOURCES mea Step: 1 5,931.00 142,344.00 357 mea Step: 2 6,228.00 149,472.00
mea Step: 3 6,540.00 156,960.00
mea Step: 4 6,867.00 164,808.00
mea Step: 5 7,211.00 173,064.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 1 of 8

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 14, Packet Page 128 8/16/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 1300 CHIEF INFORMATION OFFICER ft mea Step: 1011 6,641.00 159,384.00 011 1300 ft mea Step: 2011 6,973.00 167,352.00
1300 ft mea Step: 3011 7,322.00 175,728.00
1300 ft mea Step: 4011 7,688.00 184,512.00
1300 ft mea Step: 5011 8,072.00 193,728.00
1270 CHIEF OF INSPCT SRVC/BLDG OFF. ft mea Step: 1311 6,326.00 151,824.00 311 1270 ft mea Step: 2311 6,639.00 159,336.00
1270 ft mea Step: 3311 6,976.00 167,424.00
1270 ft mea Step: 4311 7,323.00 175,752.00
1270 ft mea Step: 5311 7,688.00 184,512.00
1221 CITY CLERK ft mea Step: 1031 4,891.00 117,384.00 031 1221 ft mea Step: 2031 5,196.00 124,704.00
1221 ft mea Step: 3031 5,503.00 132,072.00
1221 ft mea Step: 4031 5,807.00 139,368.00
1221 ft mea Step: 5031 6,113.00 146,712.00
1254 CITY TRAFFIC ENGINEER ft mea Step: 1050 5,931.00 142,344.00 050 1254 ft mea Step: 2050 6,228.00 149,472.00
1254 ft mea Step: 3050 6,540.00 156,960.00
1254 ft mea Step: 4050 6,867.00 164,808.00
1254 ft mea Step: 5050 7,211.00 173,064.00
1299 COMMUNICATIONS MANAGER ft mea Step: 1048 4,294.00 103,056.00 048 1299 ft mea Step: 2048 4,509.00 108,216.00
1299 ft mea Step: 3048 4,734.00 113,616.00
1299 ft mea Step: 4048 4,971.00 119,304.00
1299 ft mea Step: 5048 5,220.00 125,280.00
1266 CONFERENCE CENTER GENERAL MGR ft mea Step: 1303 5,603.00 134,472.00 303 1266 ft mea Step: 2303 5,884.00 141,216.00
1266 ft mea Step: 3303 6,177.00 148,248.00
1266 ft mea Step: 4303 6,488.00 155,712.00
1266 ft mea Step: 5303 6,809.00 163,416.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 2 of 8

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (MEA)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 15, Packet Page 129 8/16/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 1287 CONSTRUCTION PROJECT MANAGER ft mea Step: 1345 4,591.00 110,184.00 345 1287 ft mea Step: 2345 4,825.00 115,800.00
1287 ft mea Step: 3345 5,063.00 121,512.00
1287 ft mea Step: 4345 5,311.00 127,464.00
1287 ft mea Step: 5345 5,577.00 133,848.00
1121 DEPUTY CITY ATTORNEY II ft mea Step: 1037 4,750.00 114,000.00 037 1121 ft mea Step: 2037 4,987.00 119,688.00
1121 ft mea Step: 3037 5,237.00 125,688.00
1121 ft mea Step: 4037 5,497.00 131,928.00
1121 ft mea Step: 5037 5,770.00 138,480.00
1294 DEPUTY PW DIRECTOR/ADMIN ft mea Step: 1017 5,931.00 142,344.00 017 1294 ft mea Step: 2017 6,228.00 149,472.00
1294 ft mea Step: 3017 6,540.00 156,960.00
1294 ft mea Step: 4017 6,867.00 164,808.00
1294 ft mea Step: 5017 7,211.00 173,064.00
1247 DEPUTY PW DIRECTOR/CITY ENGNR ft mea Step: 1046 6,290.00 150,960.00 046 1247 ft mea Step: 2046 6,605.00 158,520.00
1247 ft mea Step: 3046 6,935.00 166,440.00
1247 ft mea Step: 4046 7,279.00 174,696.00
1247 ft mea Step: 5046 7,645.00 183,480.00
1286 ENGINEERING PROJECTS MANAGER ft mea Step: 1344 4,590.00 110,160.00 344 1286 ft mea Step: 2344 4,818.00 115,632.00
1286 ft mea Step: 3344 5,060.00 121,440.00
1286 ft mea Step: 4344 5,311.00 127,464.00
1286 ft mea Step: 5344 5,577.00 133,848.00
4108 ENVIRONMENTAL REGULATIONS MGR. ft mea Step: 1334 4,476.00 107,424.00 334 4108 ft mea Step: 2334 4,702.00 112,848.00
4108 ft mea Step: 3334 4,931.00 118,344.00
4108 ft mea Step: 4334 5,182.00 124,368.00
4108 ft mea Step: 5334 5,443.00 130,632.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 3 of 8

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (MEA)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 16, Packet Page 130 8/16/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 1252 FINANCE ANALYST ft mea Step: 1294 3,780.00 90,720.00 294 1252 ft mea Step: 2294 3,971.00 95,304.00
1252 ft mea Step: 3294 4,167.00 100,008.00
1252 ft mea Step: 4294 4,377.00 105,048.00
1252 ft mea Step: 5294 4,596.00 110,304.00
1277 FINANCE MANAGER ft mea Step: 1051 5,389.00 129,336.00 051 1277 ft mea Step: 2051 5,660.00 135,840.00
1277 ft mea Step: 3051 5,943.00 142,632.00
1277 ft mea Step: 4051 6,241.00 149,784.00
1277 ft mea Step: 5051 6,546.00 157,104.00
6307 FLEET MANAGER ft mea Step: 1360 4,292.00 103,008.00 360 6307 ft mea Step: 2360 4,507.00 108,168.00
6307 ft mea Step: 3360 4,732.00 113,568.00
6307 ft mea Step: 4360 4,971.00 119,304.00
6307 ft mea Step: 5360 5,220.00 125,280.00
1272 GENERAL SRVC SUPERINTENDENT ft mea Step: 1313 5,751.00 138,024.00 313 1272 ft mea Step: 2313 6,034.00 144,816.00
1272 ft mea Step: 3313 6,340.00 152,160.00
1272 ft mea Step: 4313 6,656.00 159,744.00
1272 ft mea Step: 5313 6,988.00 167,712.00
3602 GEO INFO SYS (GIS) COORDINATOR ft mea Step: 1248 4,141.00 99,384.00 248 3602 ft mea Step: 2248 4,348.00 104,352.00
3602 ft mea Step: 3248 4,566.00 109,584.00
3602 ft mea Step: 4248 4,793.00 115,032.00
3602 ft mea Step: 5248 5,034.00 120,816.00
1210 HARBORMASTER ft mea Step: 1020 5,389.00 129,336.00 020 1210 ft mea Step: 2020 5,660.00 135,840.00
1210 ft mea Step: 3020 5,943.00 142,632.00
1210 ft mea Step: 4020 6,241.00 149,784.00
1210 ft mea Step: 5020 6,546.00 157,104.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 4 of 8

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (MEA)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 17, Packet Page 131 8/16/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 1289 HOUSING MANAGER ft mea Step: 1368 4,292.00 103,008.00 368 1289 ft mea Step: 2368 4,507.00 108,168.00
1289 ft mea Step: 3368 4,732.00 113,568.00
1289 ft mea Step: 4368 4,971.00 119,304.00
1289 ft mea Step: 5368 5,220.00 125,280.00
1250 HUMAN RESOURCES ANALYST ft mea Step: 1267 3,780.00 90,720.00 267 1250 ft mea Step: 2267 3,971.00 95,304.00
1250 ft mea Step: 3267 4,168.00 100,032.00
1250 ft mea Step: 4267 4,377.00 105,048.00
1250 ft mea Step: 5267 4,596.00 110,304.00
IT NETWORK ENGINEER I mea Step: 1 4,775.00 114,600.00 380 mea Step: 2 5,012.00 120,288.00
mea Step: 3 5,259.00 126,216.00
mea Step: 4 5,526.00 132,624.00
mea Step: 5 5,796.00 139,104.00
1255 LIBRARY MANAGER ft mea Step: 1028 4,557.00 109,368.00 028 1255 ft mea Step: 2028 4,784.00 114,816.00
1255 ft mea Step: 3028 5,020.00 120,480.00
1255 ft mea Step: 4028 5,275.00 126,600.00
1255 ft mea Step: 5028 5,535.00 132,840.00
1249 MANAGEMENT ANALYST I ft mea Step: 1187 3,781.00 90,744.00 187 1249 ft mea Step: 2187 3,970.00 95,280.00
1249 ft mea Step: 3187 4,168.00 100,032.00
1249 ft mea Step: 4187 4,377.00 105,048.00
1249 ft mea Step: 5187 4,596.00 110,304.00
MANAGEMENT ANALYST II mea Step: 1 4,587.00 110,088.00 047 mea Step: 2 4,817.00 115,608.00
mea Step: 3 5,058.00 121,392.00
mea Step: 4 5,311.00 127,464.00
mea Step: 5 5,577.00 133,848.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 5 of 8

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (MEA)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 18, Packet Page 132 8/16/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 1284 NETWORK ENGINEER ft mea Step: 1338 4,590.00 110,160.00 338 1284 ft mea Step: 2338 4,818.00 115,632.00
1284 ft mea Step: 3338 5,060.00 121,440.00
1284 ft mea Step: 4338 5,311.00 127,464.00
1284 ft mea Step: 5338 5,577.00 133,848.00
1283 PARK OPERATIONS MANAGER ft mea Step: 1337 4,292.00 103,008.00 337 1283 ft mea Step: 2337 4,507.00 108,168.00
1283 ft mea Step: 3337 4,732.00 113,568.00
1283 ft mea Step: 4337 4,971.00 119,304.00
1283 ft mea Step: 5337 5,220.00 125,280.00
1212 PARKING SUPERINTENDENT ft mea Step: 1022 5,389.00 129,336.00 022 1212 ft mea Step: 2022 5,660.00 135,840.00
1212 ft mea Step: 3022 5,943.00 142,632.00
1212 ft mea Step: 4022 6,241.00 149,784.00
1212 ft mea Step: 5022 6,546.00 157,104.00
1215 PLANNING MANAGER ft mea Step: 1025 5,931.00 142,344.00 025 1215 ft mea Step: 2025 6,228.00 149,472.00
1215 ft mea Step: 3025 6,540.00 156,960.00
1215 ft mea Step: 4025 6,867.00 164,808.00
1215 ft mea Step: 5025 7,211.00 173,064.00
1267 PRINCIPAL PLANNER ft mea Step: 1307 4,814.00 115,536.00 307 1267 ft mea Step: 2307 5,057.00 121,368.00
1267 ft mea Step: 3307 5,307.00 127,368.00
1267 ft mea Step: 4307 5,574.00 133,776.00
1267 ft mea Step: 5307 5,852.00 140,448.00
1259 PROPERTY MANAGER ft mea Step: 1030 4,891.00 117,384.00 030 1259 ft mea Step: 2030 5,196.00 124,704.00
1259 ft mea Step: 3030 5,503.00 132,072.00
1259 ft mea Step: 4030 5,807.00 139,368.00
1259 ft mea Step: 5030 6,113.00 146,712.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 6 of 8

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (MEA)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 19, Packet Page 133 11/08/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 1234 PW ADMINISTRATIVE SERVICES MGR pt mea Step: 1036 5,389.00 129,336.00 036 1234 pt mea Step: 2036 5,660.00 135,840.00
1234 pt mea Step: 3036 5,943.00 142,632.00
1234 pt mea Step: 4036 6,241.00 149,784.00
1234 pt mea Step: 5036 6,546.00 157,104.00
1230 RECREATION MANAGER ft mea Step: 1291 5,389.00 129,336.00 291 1230 ft mea Step: 2291 5,660.00 135,840.00
1230 ft mea Step: 3291 5,943.00 142,632.00
1230 ft mea Step: 4291 6,241.00 149,784.00
1230 ft mea Step: 5291 6,546.00 157,104.00
9205 RISK MANAGER pt mea Step: 1052 4,320.00 103,680.00 052 9205 pt mea Step: 2052 4,534.00 108,816.00
9205 pt mea Step: 3052 4,758.00 114,192.00
9205 pt mea Step: 4052 4,996.00 119,904.00
9205 pt mea Step: 5052 5,246.00 125,904.00
1263 SENIOR ACCOUNTANT ft mea Step: 1262 4,320.00 103,680.00 262 1263 ft mea Step: 2262 4,534.00 108,816.00
1263 ft mea Step: 3262 4,758.00 114,192.00
1263 ft mea Step: 4262 4,996.00 119,904.00
1263 ft mea Step: 5262 5,246.00 125,904.00
1265 SENIOR ADMINISTRATIVE ANALYST ft mea Step: 1284 4,320.00 103,680.00 284 1265 ft mea Step: 2284 4,534.00 108,816.00
1265 ft mea Step: 3284 4,758.00 114,192.00
1265 ft mea Step: 4284 4,996.00 119,904.00
1265 ft mea Step: 5284 5,246.00 125,904.00
1246 SENIOR ENGINEER ft mea Step: 1256 5,479.00 131,496.00 256 1246 ft mea Step: 2256 5,768.00 138,432.00
1246 ft mea Step: 3256 6,072.00 145,728.00
1246 ft mea Step: 4256 6,391.00 153,384.00
1246 ft mea Step: 5256 7, 060.00 169, 440.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 7 of 8

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (MEA)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 20, Packet Page 134 8/16/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE SENIOR HUMAN RESOURCS ANALYST mea Step: 1 4,320.00 103,680.00 376 mea Step: 2 4,534.00 108,816.00
mea Step: 3 4,758.00 114,192.00
mea Step: 4 4,996.00 119,904.00
mea Step: 5 5,246.00 125,904.00
1258 SPORTS CENTER MANAGER ft mea Step: 1217 5,389.00 129,336.00 217 1258 ft mea Step: 2217 5,658.00 135,792.00
1258 ft mea Step: 3217 5,942.00 142,608.00
1258 ft mea Step: 4217 6,237.00 149,688.00
1258 ft mea Step: 5217 6,546.00 157,104.00
9214 STREETS & UTILITIES OPERAT MGR ft mea Step: 1363 4,292.00 103,008.00 363 9214 ft mea Step: 2363 4,507.00 108,168.00
9214 ft mea Step: 3363 4,732.00 113,568.00
9214 ft mea Step: 4363 4,971.00 119,304.00
9214 ft mea Step: 5363 5,220.00 125,280.00
1295 SUSTAINABILITY MANAGER ft mea Step: 1365 4,292.00 103,008.00 365 1295 ft mea Step: 2365 4,507.00 108,168.00
1295 ft mea Step: 3365 4,732.00 113,568.00
1295 ft mea Step: 4365 4,971.00 119,304.00
1295 ft mea Step: 5365 5,220.00 125,280.00
1291 SYSTEMS AND NETWORK ADMIN ft mea Step: 1358 5,182.00 124,368.00 358 1291 ft mea Step: 2358 5,442.00 130,608.00
1291 ft mea Step: 3358 5,714.00 137,136.00
1291 ft mea Step: 4358 6,001.00 144,024.00
1291 ft mea Step: 5358 6,294.00 151,056.00
1253 URBAN FORESTER ft mea Step: 1321 3,974.00 95,376.00 321 1253 ft mea Step: 2321 4,174.00 100,176.00
1253 ft mea Step: 3321 4,381.00 105,144.00
1253 ft mea Step: 4321 4,599.00 110,376.00
1253 ft mea Step: 5321 4,832.00 115,968.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 8 of 8

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (MEA)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 21, Packet Page 135 8/22/2023 CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM) Effective 7/01/2023 Through 6/30/2024
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 3310 ACCOUNTANT/AUDITOR ft gem Step: 1076 3,300.00 79,200.00 076 3310 ft gem Step: 2076 3,466.00 83,184.00
3310 ft gem Step: 3076 3,641.00 87,384.00
3310 ft gem Step: 4076 3,821.00 91,704.00
3310 ft gem Step: 5076 4,011.00 96,264.00
3313 ACCOUNTING ASSISTANT ft gem Step: 1268 2,362.00 56,688.00 268 3313 ft gem Step: 2268 2,480.00 59,520.00
3313 ft gem Step: 3268 2,604.00 62,496.00
3313 ft gem Step: 4268 2,735.00 65,640.00
3313 ft gem Step: 5268 2,873.00 68,952.00
3320 ACCOUNTING SPECIALIST ft gem Step: 1285 2,902.00 69,648.00 285 3320 ft gem Step: 2285 3,045.00 73,080.00
3320 ft gem Step: 3285 3,195.00 76,680.00
3320 ft gem Step: 4285 3,357.00 80,568.00
3320 ft gem Step: 5285 3,525.00 84,600.00
3307 ADMINISTRATIVE ASSISTANT ft gem Step: 1373 2,142.00 51,408.00 373 3307 ft gem Step: 2373 2,250.00 54,000.00
3307 ft gem Step: 3373 2,362.00 56,688.00
3307 ft gem Step: 4373 2,480.00 59,520.00
3307 ft gem Step: 5373 2,604.00 62,496.00
3307 ft gem Step: 6373 2,735.00 65,640.00
3307 ft gem Step: 7373 2,873.00 68,952.00
ADMINISTRATIVE SERVICES TECH gem Step: 1 2,817.00 67,608.00 731 gem Step: 2 2,959.00 71,016.00
gem Step: 3 3,104.00 74,496.00
gem Step: 4 3,261.00 78,264.00
gem Step: 5 3,425.00 82,200.00
5303 AQUATICS COORDINATOR ft gem Step: 1114 3,219.00 77,256.00 114 5303 ft gem Step: 2114 3,380.00 81,120.00
5303 ft gem Step: 3114 3,550.00 85,200.00
5303 ft gem Step: 4114 3,727.00 89,448.00
5303 ft gem Step: 5114 3,913.00 93,912.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 1 of 21

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 22, Packet Page 136 8/22/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 5301 AQUATICS SPECIALIST II ft gem Step: 1302 2,100.00 50,400.00 302 5301 ft gem Step: 2302 2,204.00 52,896.00
5301 ft gem Step: 3302 2,314.00 55,536.00
5301 ft gem Step: 4302 2,429.00 58,296.00
5301 ft gem Step: 5302 2,550.00 61,200.00
6722 ASSISTANT URBAN FORESTER ft gem Step: 1320 3,384.00 81,216.00 320 6722 ft gem Step: 2320 3,553.00 85,272.00
6722 ft gem Step: 3320 3,732.00 89,568.00
6722 ft gem Step: 4320 3,917.00 94,008.00
6722 ft gem Step: 5320 4,115.00 98,760.00
4202 ASSOCIATE PLANNER ft gem Step: 1097 3,820.00 91,680.00 097 4202 ft gem Step: 2097 4,012.00 96,288.00
4202 ft gem Step: 3097 4,213.00 101,112.00
4202 ft gem Step: 4097 4,424.00 106,176.00
4202 ft gem Step: 5097 4,647.00 111,528.00
6301 AUTOMOTIVE MECHANIC ft gem Step: 1132 2,996.00 71,904.00 132 6301 ft gem Step: 2132 3,144.00 75,456.00
6301 ft gem Step: 3132 3,307.00 79,368.00
6301 ft gem Step: 4132 3,468.00 83,232.00
6301 ft gem Step: 5132 3,643.00 87,432.00
6501 BUILDING MAINT. CRAFTSWORKER ft gem Step: 1135 2,784.00 66,816.00 135 6501 ft gem Step: 2135 2,922.00 70,128.00
6501 ft gem Step: 3135 3,073.00 73,752.00
6501 ft gem Step: 4135 3,220.00 77,280.00
6501 ft gem Step: 5135 3,382.00 81,168.00
6502 BUILDING MAINT. SUPERVISOR ft gem Step: 1136 3,544.00 85,056.00 136 6502 ft gem Step: 2136 3,723.00 89,352.00
6502 ft gem Step: 3136 3,909.00 93,816.00
6502 ft gem Step: 4136 4,103.00 98,472.00
6502 ft gem Step: 5136 4,309.00 103,416.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 2 of 21

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 23, Packet Page 137 8/22/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 6503 BUILDING MAINTENANCE WORKER ft gem Step: 1137 2,130.00 51,120.00 137 6503 ft gem Step: 2137 2,237.00 53,688.00
6503 ft gem Step: 3137 2,348.00 56,352.00
6503 ft gem Step: 4137 2,466.00 59,184.00
6503 ft gem Step: 5137 2,589.00 62,136.00
6503 ft gem Step: 6137 2,718.00 65,232.00
6503 ft gem Step: 7137 2,854.00 68,496.00
4306 BUILDING TECHNICIAN ft gem Step: 1196 3,390.00 81,360.00 196 4306 ft gem Step: 2196 3,560.00 85,440.00
4306 ft gem Step: 3196 3,740.00 89,760.00
4306 ft gem Step: 4196 3,926.00 94,224.00
4306 ft gem Step: 5196 4,125.00 99,000.00
BUSINESS LICENSE INSPECTOR gem Step: 1 3,144.00 75,456.00 247 gem Step: 2 3,307.00 79,368.00
gem Step: 3 3,468.00 83,232.00
gem Step: 4 3,643.00 87,432.00
gem Step: 5 3,822.00 91,728.00
6702 CEMETERY COORDINATOR ft gem Step: 1157 3,219.00 77,256.00 157 6702 ft gem Step: 2157 3,380.00 81,120.00
6702 ft gem Step: 3157 3,550.00 85,200.00
6702 ft gem Step: 4157 3,727.00 89,448.00
6702 ft gem Step: 5157 3,913.00 93,912.00
6710 CEMETERY MAINTENANCE WORKER ft gem Step: 1165 2,562.00 61,488.00 165 6710 ft gem Step: 2165 2,692.00 64,608.00
6710 ft gem Step: 3165 2,827.00 67,848.00
6710 ft gem Step: 4165 2,968.00 71,232.00
6710 ft gem Step: 5165 3,116.00 74,784.00
4308 CODE COMPLIANCE COORDINATOR ft gem Step: 1326 3,729.00 89,496.00 326 4308 ft gem Step: 2326 3,916.00 93,984.00
4308 ft gem Step: 3326 4,112.00 98,688.00
4308 ft gem Step: 4326 4,317.00 103,608.00
4308 ft gem Step: 5326 4,535.00 108,840.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 3 of 21

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 24, Packet Page 138 11/08/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 6805 COMMUNITY SERVICE OFFICER ft gem Step: 1353 2,526.00 60,624.00 353 6805 ft gem Step: 2353 2,655.00 63,720.00
6805 ft gem Step: 3353 2,787.00 66,888.00
6805 ft gem Step: 4353 2,925.00 70,200.00
6805 ft gem Step: 5353 3,074.00 73,776.00
6510 CUSTODIAN ft gem Step: 1143 1,666.00 39,984.00 143 6510 ft gem Step: 2143 1,751.00 42,024.00
6510 ft gem Step: 3143 1,838.00 44,112.00
6510 ft gem Step: 4143 1,928.00 46,272.00
6510 ft gem Step: 5143 2,028.00 48,672.00
6203 ELECTRICIAN ft gem Step: 1124 3,219.00 77,256.00 124 6203 ft gem Step: 2124 3,380.00 81,120.00
6203 ft gem Step: 3124 3,550.00 85,200.00
6203 ft gem Step: 4124 3,727.00 89,448.00
6203 ft gem Step: 5124 3,913.00 93,912.00
6727 ENGINEERING ASSISTANT I ft gem Step: 1343 3,300.00 79,200.00 343 6727 ft gem Step: 2343 3,466.00 83,184.00
6727 ft gem Step: 3343 3,641.00 87,384.00
6727 ft gem Step: 4343 3,821.00 91,704.00
6727 ft gem Step: 5343 4, 231.00 101,544.00
6728 ENGINEERING ASSISTANT II ft gem Step: 1364 3,731.00 89,544.00 364 6728 ft gem Step: 2364 3,914.00 93,936.00
6728 ft gem Step: 3364 4,117.00 98,808.00
6728 ft gem Step: 4364 4,317.00 103,608.00
6728 ft gem Step: 5364 4,784.00 114, 816.00
1297 ENGINEERING PROGRAMS ANALYST ft gem Step: 1040 3,820.00 91,680.00 040 1297 ft gem Step: 2040 4,012.00 96,288.00
1297 ft gem Step: 3040 4,213.00 101,112.00
1297 ft gem Step: 4040 4,424.00 106,176.00
1297 ft gem Step: 5040 4,647.00 111,528.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 4 of 21

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 25, Packet Page 139 11/08/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 6725 ENGINEERING TECHNICIAN ft gem Step: 1090 2,997.00 71,928.00 090 6725 ft gem Step: 2090 3,145.00 75,480.00
6725 ft gem Step: 3090 3,304.00 79,296.00
6725 ft gem Step: 4090 3,468.00 83,232.00
6725 ft gem Step: 5090 3, 957.00 94, 968.00
1276 ENVIRONMENTAL REG ANALYST ft gem Step: 1329 3,820.00 91,680.00 329 1276 ft gem Step: 2329 4,012.00 96,288.00
1276 ft gem Step: 3329 4,213.00 101,112.00
1276 ft gem Step: 4329 4,424.00 106,176.00
1276 ft gem Step: 5329 4,647.00 111,528.00
6517 EVENT & SALES ASSISTANT ft gem Step: 1086 2,362.00 56,688.00 086 6517 ft gem Step: 2086 2,480.00 59,520.00
6517 ft gem Step: 3086 2,604.00 62,496.00
6517 ft gem Step: 4086 2,735.00 65,640.00
6517 ft gem Step: 5086 2,873.00 68,952.00
6507 EVENT COORDINATOR ft gem Step: 1140 3,219.00 77,256.00 140 6507 ft gem Step: 2140 3,380.00 81,120.00
6507 ft gem Step: 3140 3,550.00 85,200.00
6507 ft gem Step: 4140 3,727.00 89,448.00
6507 ft gem Step: 5140 3,913.00 93,912.00
6513 EVENT SUPERVISOR ft gem Step: 1144 3,545.00 85,080.00 144 6513 ft gem Step: 2144 3,723.00 89,352.00
6513 ft gem Step: 3144 3,909.00 93,816.00
6513 ft gem Step: 4144 4,103.00 98,472.00
6513 ft gem Step: 5144 4,309.00 103,416.00
3318 EXECUTIVE ASSISTANT I ft gem Step: 1288 2,600.00 62,400.00 288 3318 ft gem Step: 2288 2,732.00 65,568.00
3318 ft gem Step: 3288 2,869.00 68,856.00
3318 ft gem Step: 4288 3,012.00 72,288.00
3318 ft gem Step: 5288 3,165.00 75,960.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 5 of 21

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 26, Packet Page 140 8/22/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 3324 EXECUTIVE ASSISTANT II ft gem Step: 1289 2,993.00 71,832.00 289 3324 ft gem Step: 2289 3,141.00 75,384.00
3324 ft gem Step: 3289 3,301.00 79,224.00
3324 ft gem Step: 4289 3,465.00 83,160.00
3324 ft gem Step: 5289 3,640.00 87,360.00
5209 FACILITIES MAINT. COORDINATOR ft gem Step: 1305 3,820.00 91,680.00 305 5209 ft gem Step: 2305 4,012.00 96,288.00
5209 ft gem Step: 3305 4,212.00 101,088.00
5209 ft gem Step: 4305 4,424.00 106,176.00
5209 ft gem Step: 5305 4,647.00 111,528.00
6504 FACILITY ATTENDANT ft gem Step: 1138 2,347.00 56,328.00 138 6504 ft gem Step: 2138 2,465.00 59,160.00
6504 ft gem Step: 3138 2,589.00 62,136.00
6504 ft gem Step: 4138 2,719.00 65,256.00
6504 ft gem Step: 5138 2,854.00 68,496.00
5205 FACILITY COORDINATOR ft gem Step: 1111 3,219.00 77,256.00 111 5205 ft gem Step: 2111 3,380.00 81,120.00
5205 ft gem Step: 3111 3,550.00 85,200.00
5205 ft gem Step: 4111 3,727.00 89,448.00
5205 ft gem Step: 5111 3,913.00 93,912.00
3109 FIELD ASSISTANT ft gem Step: 1172 2,362.00 56,688.00 172 3109 ft gem Step: 2172 2,480.00 59,520.00
3109 ft gem Step: 3172 2,604.00 62,496.00
3109 ft gem Step: 4172 2,735.00 65,640.00
3109 ft gem Step: 5172 2,873.00 68,952.00
FIRE INSPECTOR I gem Step: 1 3,106.00 74,544.00 178
gem Step: 2 3,262.00 78,288.00
gem Step: 3 3,425.00 82,200.00
gem Step: 4 3,596.00 86,304.00
gem Step: 5 3,776.00 90,624.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 6 of 21

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 27, Packet Page 141 8/22/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE FIRE INSPECTOR II gem Step: 1 3,417.00 82,008.00 182
gem Step: 2 3,588.00 86,112.00
gem Step: 3 3,767.00 90,408.00
gem Step: 4 3,956.00 94,944.00
gem Step: 5 4,153.00 99,672.00
FIRE PREV PLANS EXAM/INSPECTOR gem Step: 1 3,916.00 93,984.00 369 gem Step: 2 4,112.00 98,688.00
gem Step: 3 4,317.00 103,608.00
gem Step: 4 4,534.00 108,816.00
gem Step: 5 4,758.00 114,192.00
3329 FIRE PREVENTION TECHNICIAN ft gem Step: 1324 2,855.00 68,520.00 324 3329 ft gem Step: 2324 2,997.00 71,928.00
3329 ft gem Step: 3324 3,145.00 75,480.00
3329 ft gem Step: 4324 3,304.00 79,296.00
3329 ft gem Step: 5324 3,468.00 83,232.00
5212 FITNESS SUPERVISOR ft gem Step: 1375 3,766.00 90,384.00 375 5212 ft gem Step: 2375 3,952.00 94,848.00
5212 ft gem Step: 3375 4,149.00 99,576.00
5212 ft gem Step: 4375 4,356.00 104,544.00
5212 ft gem Step: 5375 4,573.00 109,752.00
6810 FUND DEVELOPMENT COORDINATOR ft gem Step: 1356 3,268.00 78,432.00 356 6810 ft gem Step: 2356 3,432.00 82,368.00
6810 ft gem Step: 3356 3,602.00 86,448.00
6810 ft gem Step: 4356 3,781.00 90,744.00
6810 ft gem Step: 5356 3,971.00 95,304.00
6720 GREENBELT COORDINATOR ft gem Step: 1115 2,771.00 66,504.00 115 6720 ft gem Step: 2115 2,910.00 69,840.00
6720 ft gem Step: 3115 3,053.00 73,272.00
6720 ft gem Step: 4115 3,212.00 77,088.00
6720 ft gem Step: 5115 3,371.00 80,904.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 7 of 21

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 28, Packet Page 142 8/22/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE GUEST SERVICE SPECIALIST gem Step: 1 2,190.00 52,560.00 372 gem Step: 2 2,302.00 55,248.00
gem Step: 3 2,417.00 58,008.00
gem Step: 4 2,538.00 60,912.00
gem Step: 5 2,663.00 63,912.00
6111 HARBOR COORDINATOR ft gem Step: 1359 3,219.00 77,256.00 359 6111 ft gem Step: 2359 3,380.00 81,120.00
6111 ft gem Step: 3359 3,550.00 85,200.00
6111 ft gem Step: 4359 3,727.00 89,448.00
6111 ft gem Step: 5359 3,913.00 93,912.00
6110 HARBOR MAINT. CRAFTSWORKER ft gem Step: 1269 2,784.00 66,816.00 269 6110 ft gem Step: 2269 2,922.00 70,128.00
6110 ft gem Step: 3269 3,073.00 73,752.00
6110 ft gem Step: 4269 3,220.00 77,280.00
6110 ft gem Step: 5269 3,382.00 81,168.00
6102 HARBOR MAINTENANCE LEADWORKER ft gem Step: 1186 2,996.00 71,904.00 186 6102 ft gem Step: 2186 3,144.00 75,456.00
6102 ft gem Step: 3186 3,307.00 79,368.00
6102 ft gem Step: 4186 3,468.00 83,232.00
6102 ft gem Step: 5186 3,643.00 87,432.00
6105 HARBOR SECURITY WORKER ft gem Step: 1120 2,526.00 60,624.00 120 6105 ft gem Step: 2120 2,653.00 63,672.00
6105 ft gem Step: 3120 2,788.00 66,912.00
6105 ft gem Step: 4120 2,926.00 70,224.00
6105 ft gem Step: 5120 3,074.00 73,776.00
4208 HCD COORDINATOR-PROJ &PROGRAMS ft gem Step: 1230 3,399.00 81,576.00 230 4208 ft gem Step: 2230 3,567.00 85,608.00
4208 ft gem Step: 3230 3,746.00 89,904.00
4208 ft gem Step: 4230 3,934.00 94,416.00
4208 ft gem Step: 5230 4,131.00 99,144.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 8 of 21

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 29, Packet Page 143 8/22/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 6512 HISTORIC FAC. SR. CRAFTSWORKER ft gem Step: 1203 3,138.00 75,312.00 203 6512 ft gem Step: 2203 3,297.00 79,128.00
6512 ft gem Step: 3203 3,464.00 83,136.00
6512 ft gem Step: 4203 3,639.00 87,336.00
6512 ft gem Step: 5203 3,818.00 91,632.00
HOMELESS NAVIGATOR gem Step: 1 3,300.00 79,200.00 198
gem Step: 2 3,465.00 83,160.00
gem Step: 3 3,638.00 87,312.00
gem Step: 4 3,820.00 91,680.00
gem Step: 5 4,011.00 96,264.00
HUMAN RESOURCES ASSISTANT gem Step: 1 2,362.00 56,688.00 335 gem Step: 2 2,480.00 59,520.00
gem Step: 3 2,604.00 62,496.00
gem Step: 4 2,735.00 65,640.00
gem Step: 5 2,873.00 68,952.00
HUMAN RESOURCES COORDINATOR gem Step: 1 3,219.00 77,256.00 361 gem Step: 2 3,380.00 81,120.00
gem Step: 3 3,550.00 85,200.00
gem Step: 4 3,727.00 89,448.00
gem Step: 5 3,913.00 93,912.00
3322 HUMAN RESOURCES SPECIALIST ft gem Step: 1280 2,902.00 69,648.00 280 3322 ft gem Step: 2280 3,045.00 73,080.00
3322 ft gem Step: 3280 3,195.00 76,680.00
3322 ft gem Step: 4280 3,357.00 80,568.00
3322 ft gem Step: 5280 3,525.00 84,600.00
4307 HVAC SENIOR TECHNICIAN ft gem Step: 1306 3,237.00 77,688.00 306 4307 ft gem Step: 2306 3,400.00 81,600.00
4307 ft gem Step: 3306 3,567.00 85,608.00
4307 ft gem Step: 4306 3,747.00 89,928.00
4307 ft gem Step: 5306 3,934.00 94,416.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 9 of 21

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 30, Packet Page 144 8/22/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 3107 INFORMATION TECH SPECIALIST ft gem Step: 1378 3,219.00 77,256.00 378 3107 ft gem Step: 2378 3,380.00 81,120.00
3107 ft gem Step: 3378 3,551.00 85,224.00
3107 ft gem Step: 4378 3,727.00 89,448.00
3107 ft gem Step: 5378 3,913.00 93,912.00
INFORMATION TECHNOLOGY ANALYST gem Step: 1 3,820.00 91,680.00 377 gem Step: 2 4,012.00 96,288.00
gem Step: 3 4,213.00 101,112.00
gem Step: 4 4,424.00 106,176.00
gem Step: 5 4,647.00 111,528.00
4301 INSPECTOR ft gem Step: 1100 3,731.00 89,544.00 100 4301 ft gem Step: 2100 3,914.00 93,936.00
4301 ft gem Step: 3100 4,117.00 98,808.00
4301 ft gem Step: 4100 4,317.00 103,608.00
4301 ft gem Step: 5100 4,535.00 108,840.00
3206 IT APPLICATION ENGINEER I ft gem Step: 1255 3,673.00 88,152.00 069 3206 ft gem Step: 2255 3,858.00 92,592.00
3206 ft gem Step: 3255 4,051.00 97,224.00
3206 ft gem Step: 4255 4,254.00 102,096.00
3206 ft gem Step: 5255 4,468.00 107,232.00
3609 IT APPLICATION ENGINEER II ft gem Step: 1038 4,413.00 105,912.00 038 3609 ft gem Step: 2038 4,633.00 111,192.00
3609 ft gem Step: 3038 4,865.00 116,760.00
3609 ft gem Step: 4038 5,107.00 122,568.00
3609 ft gem Step: 5038 5,362.00 128,688.00
IT APPLICATION ENGINEER III gem Step: 1 4,774.00 114,576.00 080 gem Step: 2 5,012.00 120,288.00
gem Step: 3 5,262.00 126,288.00
gem Step: 4 5,526.00 132,624.00
gem Step: 5 5,799.00 139,176.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 10 of 21

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 31, Packet Page 145 8/22/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 6508 LAUNDRY ATTENDANT ft gem Step: 1250 1,261.00 30,264.00 250 6508 ft gem Step: 2250 1,326.00 31,824.00
6508 ft gem Step: 3250 1,388.00 33,312.00
6508 ft gem Step: 4250 1,461.00 35,064.00
6508 ft gem Step: 5250 1,530.00 36,720.00
6518 LEAD CUSTODIAN ft gem Step: 1142 2,347.00 56,328.00 142 6518 ft gem Step: 2142 2,465.00 59,160.00
6518 ft gem Step: 3142 2,589.00 62,136.00
6518 ft gem Step: 4142 2,719.00 65,256.00
6518 ft gem Step: 5142 2,854.00 68,496.00
6304 LEAD MECHANIC ft gem Step: 1254 3,144.00 75,456.00 254 6304 ft gem Step: 2254 3,307.00 79,368.00
6304 ft gem Step: 3254 3,468.00 83,232.00
6304 ft gem Step: 4254 3,643.00 87,432.00
6304 ft gem Step: 5254 3,822.00 91,728.00
3316 LEGAL SECRETARY ft gem Step: 1078 2,600.00 62,400.00 078 3316 ft gem Step: 2078 2,732.00 65,568.00
3316 ft gem Step: 3078 2,869.00 68,856.00
3316 ft gem Step: 4078 3,012.00 72,288.00
3316 ft gem Step: 5078 3,165.00 75,960.00
5101 LIBRARIAN ft gem Step: 1104 3,081.00 73,944.00 104 5101 ft gem Step: 2104 3,232.00 77,568.00
5101 ft gem Step: 3104 3,396.00 81,504.00
5101 ft gem Step: 4104 3,563.00 85,512.00
5101 ft gem Step: 5104 3,741.00 89,784.00
3101 LIBRARY ASSISTANT I ft gem Step: 1063 2,252.00 54,048.00 063 3101 ft gem Step: 2063 2,363.00 56,712.00
3101 ft gem Step: 3063 2,481.00 59,544.00
3101 ft gem Step: 4063 2,606.00 62,544.00
3101 ft gem Step: 5063 2,736.00 65,664.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 11 of 21

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 32, Packet Page 146 8/22/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 3102 LIBRARY ASSISTANT II ft gem Step: 1064 2,362.00 56,688.00 064 3102 ft gem Step: 2064 2,480.00 59,520.00
3102 ft gem Step: 3064 2,604.00 62,496.00
3102 ft gem Step: 4064 2,735.00 65,640.00
3102 ft gem Step: 5064 2,873.00 68,952.00
3104 LIBRARY ASSISTANT III ft gem Step: 1066 2,600.00 62,400.00 066 3104 ft gem Step: 2066 2,732.00 65,568.00
3104 ft gem Step: 3066 2,869.00 68,856.00
3104 ft gem Step: 4066 3,012.00 72,288.00
3104 ft gem Step: 5066 3,165.00 75,960.00
6718 MAINTENANCE SPECIALIST ft gem Step: 1299 2,347.00 56,328.00 299 6718 ft gem Step: 2299 2,465.00 59,160.00
6718 ft gem Step: 3299 2,589.00 62,136.00
6718 ft gem Step: 4299 2,714.00 65,136.00
6718 ft gem Step: 5299 2,853.00 68,472.00
6109 MAINTENANCE TECHNICIAN ft gem Step: 1216 2,817.00 67,608.00 216 6109 ft gem Step: 2216 2,959.00 71,016.00
6109 ft gem Step: 3216 3,104.00 74,496.00
6109 ft gem Step: 4216 3,261.00 78,264.00
6109 ft gem Step: 5216 3,425.00 82,200.00
3328 MARINA HARBOR ASSISTANT ft gem Step: 1298 2,993.00 71,832.00 298 3328 ft gem Step: 2298 3,141.00 75,384.00
3328 ft gem Step: 3298 3,301.00 79,224.00
3328 ft gem Step: 4298 3,465.00 83,160.00
3328 ft gem Step: 5298 3,640.00 87,360.00
MEDIA SPECIALIST gem Step: 1 2,362.00 56,688.00 094
gem Step: 2 2,480.00 59,520.00
gem Step: 3 2,604.00 62,496.00
gem Step: 4 2,735.00 65,640.00
gem Step: 5 2,873.00 68,952.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 12 of 21

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 33, Packet Page 147 8/22/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE MEDICAL RECORDS ASSISTANT gem Step: 1 2,362.00 56,688.00 711 gem Step: 2 2,480.00 59,520.00
gem Step: 3 2,604.00 62,496.00
gem Step: 4 2,735.00 65,640.00
gem Step: 5 2,873.00 68,952.00
6515 OPERATIONS COORDINATOR ft gem Step: 1322 3,219.00 77,256.00 322 6515 ft gem Step: 2322 3,380.00 81,120.00
6515 ft gem Step: 3322 3,550.00 85,200.00
6515 ft gem Step: 4322 3,727.00 89,448.00
6515 ft gem Step: 5322 3,913.00 93,912.00
6506 OPERATIONS SUPERVISOR ft gem Step: 1139 3,545.00 85,080.00 139 6506 ft gem Step: 2139 3,723.00 89,352.00
6506 ft gem Step: 3139 3,909.00 93,816.00
6506 ft gem Step: 4139 4,103.00 98,472.00
6506 ft gem Step: 5139 4,309.00 103,416.00
6703 PARK ATTENDANT ft gem Step: 1158 2,526.00 60,624.00 158 6703 ft gem Step: 2158 2,655.00 63,720.00
6703 ft gem Step: 3158 2,787.00 66,888.00
6703 ft gem Step: 4158 2,925.00 70,200.00
6703 ft gem Step: 5158 3,074.00 73,776.00
6704 PARK MAINTENANCE CRAFTSWORKER ft gem Step: 1194 2,589.00 62,136.00 194 6704 ft gem Step: 2194 2,719.00 65,256.00
6704 ft gem Step: 3194 2,854.00 68,496.00
6704 ft gem Step: 4194 2,996.00 71,904.00
6704 ft gem Step: 5194 3,144.00 75,456.00
6705 PARK MAINTENANCE LEADWORKER ft gem Step: 1160 2,853.00 68,472.00 160 6705 ft gem Step: 2160 2,995.00 71,880.00
6705 ft gem Step: 3160 3,141.00 75,384.00
6705 ft gem Step: 4160 3,298.00 79,152.00
6705 ft gem Step: 5160 3,466.00 83,184.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 13 of 21

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 34, Packet Page 148 8/22/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 6701 PARK MAINTENANCE SUPERVISOR ft gem Step: 1156 3,300.00 79,200.00 156 6701 ft gem Step: 2156 3,466.00 83,184.00
6701 ft gem Step: 3156 3,641.00 87,384.00
6701 ft gem Step: 4156 3,821.00 91,704.00
6701 ft gem Step: 5156 4,011.00 96,264.00
6706 PARK MAINTENANCE WORKER ft gem Step: 1161 2,130.00 51,120.00 161 6706 ft gem Step: 2161 2,237.00 53,688.00
6706 ft gem Step: 3161 2,348.00 56,352.00
6706 ft gem Step: 4161 2,466.00 59,184.00
6706 ft gem Step: 5161 2,589.00 62,136.00
6706 ft gem Step: 6161 2,718.00 65,232.00
6706 ft gem Step: 7161 2,854.00 68,496.00
6606 PARKING CONTROLS TECHNICIAN ft gem Step: 1274 2,939.00 70,536.00 274 6606 ft gem Step: 2274 3,085.00 74,040.00
6606 ft gem Step: 3274 3,238.00 77,712.00
6606 ft gem Step: 4274 3,404.00 81,696.00
6606 ft gem Step: 5274 3,571.00 85,704.00
6601 PARKING ENFORCEMENT OFFICER ft gem Step: 1145 2,526.00 60,624.00 145 6601 ft gem Step: 2145 2,655.00 63,720.00
6601 ft gem Step: 3145 2,787.00 66,888.00
6601 ft gem Step: 4145 2,925.00 70,200.00
6601 ft gem Step: 5145 3,074.00 73,776.00
6605 PARKING ENFORCEMENT SUPERVISOR ft gem Step: 1149 3,544.00 85,056.00 149 6605 ft gem Step: 2149 3,723.00 89,352.00
6605 ft gem Step: 3149 3,909.00 93,816.00
6605 ft gem Step: 4149 4,103.00 98,472.00
6605 ft gem Step: 5149 4,309.00 103,416.00
6615 PARKING MAINTENANCE LEADWORKER ft gem Step: 1159 2,996.00 71,904.00 159 6615 ft gem Step: 2159 3,144.00 75,456.00
6615 ft gem Step: 3159 3,307.00 79,368.00
6615 ft gem Step: 4159 3,468.00 83,232.00
6615 ft gem Step: 5159 3,643.00 87,432.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 14 of 21

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 35, Packet Page 149 8/22/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 6604 PARKING MAINTENANCE SUPERVISOR ft gem Step: 1148 3,544.00 85,056.00 148 6604 ft gem Step: 2148 3,723.00 89,352.00
6604 ft gem Step: 3148 3,909.00 93,816.00
6604 ft gem Step: 4148 4,103.00 98,472.00
6604 ft gem Step: 5148 4,309.00 103,416.00
6608 PARKING MAINTENANCE WORKER ft gem Step: 1151 2,130.00 51,120.00 151 6608 ft gem Step: 2151 2,237.00 53,688.00
6608 ft gem Step: 3151 2,348.00 56,352.00
6608 ft gem Step: 4151 2,466.00 59,184.00
6608 ft gem Step: 5151 2,589.00 62,136.00
6608 ft gem Step: 6151 2,718.00 65,232.00
6608 ft gem Step: 7151 2,854.00 68,496.00
6616 PARKING SERVICES COORDINATOR ft gem Step: 1116 3,823.00 91,752.00 116 6616 ft gem Step: 2116 4,012.00 96,288.00
6616 ft gem Step: 3116 4,212.00 101,088.00
6616 ft gem Step: 4116 4,424.00 106,176.00
6616 ft gem Step: 5116 4,647.00 111,528.00
6617 PARKING SERVICES REPRESENTATIV ft gem Step: 1117 2,348.00 56,352.00 117 6617 ft gem Step: 2117 2,466.00 59,184.00
6617 ft gem Step: 3117 2,589.00 62,136.00
6617 ft gem Step: 4117 2,718.00 65,232.00
6617 ft gem Step: 5117 2,854.00 68,496.00
6618 PARKING SERVICES SPECIALIST ft gem Step: 1118 2,902.00 69,648.00 118 6618 ft gem Step: 2118 3,045.00 73,080.00
6618 ft gem Step: 3118 3,195.00 76,680.00
6618 ft gem Step: 4118 3,357.00 80,568.00
6618 ft gem Step: 5118 3,525.00 84,600.00
6711 PARKS CRAFTS LEADWORKER ft gem Step: 1264 2,853.00 68,472.00 264 6711 ft gem Step: 2264 2,995.00 71,880.00
6711 ft gem Step: 3264 3,141.00 75,384.00
6711 ft gem Step: 4264 3,298.00 79,152.00
6711 ft gem Step: 5264 3,466.00 83,184.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 15 of 21

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 36, Packet Page 150 8/22/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 6305 PARTS CLERK ft gem Step: 1253 2,348.00 56,352.00 253 6305 ft gem Step: 2253 2,466.00 59,184.00
6305 ft gem Step: 3253 2,589.00 62,136.00
6305 ft gem Step: 4253 2,718.00 65,232.00
6305 ft gem Step: 5253 2,854.00 68,496.00
4305 PLANS EXAMINER ft gem Step: 1258 3,916.00 93,984.00 258 4305 ft gem Step: 2258 4,112.00 98,688.00
4305 ft gem Step: 3258 4,317.00 103,608.00
4305 ft gem Step: 4258 4,534.00 108,816.00
4305 ft gem Step: 5258 4,758.00 114,192.00
3201 POLICE RECORDS/DETENTION SUP. ft gem Step: 1191 3,820.00 91,680.00 191 3201 ft gem Step: 2191 4,012.00 96,288.00
3201 ft gem Step: 3191 4,213.00 101,112.00
3201 ft gem Step: 4191 4,424.00 106,176.00
3201 ft gem Step: 5191 4,647.00 111,528.00
3209 POLICE SERVICES ASSISTANT ft gem Step: 1346 2,362.00 56,688.00 346 3209 ft gem Step: 2346 2,480.00 59,520.00
3209 ft gem Step: 3346 2,604.00 62,496.00
3209 ft gem Step: 4346 2,735.00 65,640.00
3209 ft gem Step: 5346 2,873.00 68,952.00
3205 POLICE SERVICES TECHNICIAN ft gem Step: 1068 2,855.00 68,520.00 068 3205 ft gem Step: 2068 2,997.00 71,928.00
3205 ft gem Step: 3068 3,145.00 75,480.00
3205 ft gem Step: 4068 3,304.00 79,296.00
3205 ft gem Step: 5068 3,468.00 83,232.00
4105 PUBLIC WORKS INSPECTOR ft gem Step: 1092 3,398.00 81,552.00 092 4105 ft gem Step: 2092 3,566.00 85,584.00
4105 ft gem Step: 3092 3,747.00 89,928.00
4105 ft gem Step: 4092 3,936.00 94,464.00
4105 ft gem Step: 5092 4,132.00 99,168.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 16 of 21

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 37, Packet Page 151 8/22/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 4102 QUALITY CONTROL INSPECTOR ft gem Step: 1234 3,731.00 89,544.00 234 4102 ft gem Step: 2234 3,914.00 93,936.00
4102 ft gem Step: 3234 4,117.00 98,808.00
4102 ft gem Step: 4234 4,317.00 103,608.00
4102 ft gem Step: 5234 4,535.00 108,840.00
5208 RECREATION COORDINATOR ft gem Step: 1292 3,219.00 77,256.00 292 5208 ft gem Step: 2292 3,380.00 81,120.00
5208 ft gem Step: 3292 3,550.00 85,200.00
5208 ft gem Step: 4292 3,727.00 89,448.00
5208 ft gem Step: 5292 3,913.00 93,912.00
9581 RECREATION SPECIALIST ft gem Step: 1323 2,190.00 52,560.00 323 9581 ft gem Step: 2323 2,302.00 55,248.00
9581 ft gem Step: 3323 2,417.00 58,008.00
9581 ft gem Step: 4323 2,538.00 60,912.00
9581 ft gem Step: 5323 2,663.00 63,912.00
5201 RECREATION SUPERVISOR ft gem Step: 1259 3,766.00 90,384.00 259 5201 ft gem Step: 2259 3,952.00 94,848.00
5201 ft gem Step: 3259 4,149.00 99,576.00
5201 ft gem Step: 4259 4,356.00 104,544.00
5201 ft gem Step: 5259 4,573.00 109,752.00
RISK SPECIALIST gem Step: 1 2,902.00 69,648.00 371
gem Step: 2 3,045.00 73,080.00
gem Step: 3 3,195.00 76,680.00
gem Step: 4 3,357.00 80,568.00
gem Step: 5 3,525.00 84,600.00
6516 SALES COORDINATOR ft gem Step: 1081 3,219.00 77,256.00 081 6516 ft gem Step: 2081 3,380.00 81,120.00
6516 ft gem Step: 3081 3,550.00 85,200.00
6516 ft gem Step: 4081 3,727.00 89,448.00
6516 ft gem Step: 5081 3,913.00 93,912.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 17 of 21

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 38, Packet Page 152 8/22/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 4201 SENIOR ASSOCIATE PLANNER ft gem Step: 1251 4,185.00 100,440.00 251 4201 ft gem Step: 2251 4,395.00 105,480.00
4201 ft gem Step: 3251 4,615.00 110,760.00
4201 ft gem Step: 4251 4,842.00 116,208.00
4201 ft gem Step: 5251 5,086.00 122,064.00
4302 SENIOR BUILDING INSPECTOR ft gem Step: 1101 3,916.00 93,984.00 101 4302 ft gem Step: 2101 4,112.00 98,688.00
4302 ft gem Step: 3101 4,317.00 103,608.00
4302 ft gem Step: 4101 4,534.00 108,816.00
4302 ft gem Step: 5101 4,758.00 114,192.00
6511 SENIOR CRAFTSWORKER ft gem Step: 1205 3,138.00 75,312.00 205 6511 ft gem Step: 2205 3,297.00 79,128.00
6511 ft gem Step: 3205 3,464.00 83,136.00
6511 ft gem Step: 4205 3,639.00 87,336.00
6511 ft gem Step: 5205 3,818.00 91,632.00
6514 SENIOR CUSTODIAN ft gem Step: 1257 1,917.00 46,008.00 257 6514 ft gem Step: 2257 2,012.00 48,288.00
6514 ft gem Step: 3257 2,114.00 50,736.00
6514 ft gem Step: 4257 2,221.00 53,304.00
6514 ft gem Step: 5257 2,334.00 56,016.00
6505 SENIOR FACILITY ATTENDANT ft gem Step: 1211 2,894.00 69,456.00 211 6505 ft gem Step: 2211 3,039.00 72,936.00
6505 ft gem Step: 3211 3,188.00 76,512.00
6505 ft gem Step: 4211 3,348.00 80,352.00
6505 ft gem Step: 5211 3,518.00 84,432.00
3607 SENIOR INFORMATION TECH SPECIA ft gem Step: 1084 3,585.00 86,040.00 084 3607 ft gem Step: 2084 3,764.00 90,336.00
3607 ft gem Step: 3084 3,952.00 94,848.00
3607 ft gem Step: 4084 4,150.00 99,600.00
3607 ft gem Step: 5084 4,358.00 104,592.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 18 of 21

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 39, Packet Page 153 8/22/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE SENIOR LOCKSMITH gem Step: 1 3,138.00 75,312.00 331
gem Step: 2 3,297.00 79,128.00
gem Step: 3 3,464.00 83,136.00
gem Step: 4 3,639.00 87,336.00
gem Step: 5 3,818.00 91,632.00
6707 SENIOR PARK MAINTENANCE WORKER ft gem Step: 1162 2,589.00 62,136.00 162 6707 ft gem Step: 2162 2,719.00 65,256.00
6707 ft gem Step: 3162 2,854.00 68,496.00
6707 ft gem Step: 4162 2,996.00 71,904.00
6707 ft gem Step: 5162 3,144.00 75,456.00
6613 SENIOR PARKING CONTROLS TECH. ft gem Step: 1275 3,219.00 77,256.00 275 6613 ft gem Step: 2275 3,380.00 81,120.00
6613 ft gem Step: 3275 3,551.00 85,224.00
6613 ft gem Step: 4275 3,728.00 89,472.00
6613 ft gem Step: 5275 3,913.00 93,912.00
6611 SENIOR PARKING ENFOR. OFFICER ft gem Step: 1154 2,894.00 69,456.00 154 6611 ft gem Step: 2154 3,039.00 72,936.00
6611 ft gem Step: 3154 3,189.00 76,536.00
6611 ft gem Step: 4154 3,351.00 80,424.00
6611 ft gem Step: 5154 3,518.00 84,432.00
6803 SENIOR PARTS CLERK ft gem Step: 1347 2,784.00 66,816.00 347 6803 ft gem Step: 2347 2,922.00 70,128.00
6803 ft gem Step: 3347 3,073.00 73,752.00
6803 ft gem Step: 4347 3,220.00 77,280.00
6803 ft gem Step: 5347 3,382.00 81,168.00
3207 SENIOR POLICE SERVICES TECH. ft gem Step: 1070 2,997.00 71,928.00 070 3207 ft gem Step: 2070 3,145.00 75,480.00
3207 ft gem Step: 3070 3,304.00 79,296.00
3207 ft gem Step: 4070 3,468.00 83,232.00
3207 ft gem Step: 5070 3,643.00 87,432.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 19 of 21

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 40, Packet Page 154 8/22/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 4104 SENIOR PUBLIC WORKS INSPECTOR ft gem Step: 1093 3,731.00 89,544.00 093 4104 ft gem Step: 2093 3,914.00 93,936.00
4104 ft gem Step: 3093 4,117.00 98,808.00
4104 ft gem Step: 4093 4,317.00 103,608.00
4104 ft gem Step: 5093 4,535.00 108,840.00
6206 SENIOR STREET MAINT. WORKER ft gem Step: 1126 2,589.00 62,136.00 126 6206 ft gem Step: 2126 2,719.00 65,256.00
6206 ft gem Step: 3126 2,854.00 68,496.00
6206 ft gem Step: 4126 2,996.00 71,904.00
6206 ft gem Step: 5126 3,144.00 75,456.00
6212 SIGN CRAFTSWORKER ft gem Step: 1183 2,784.00 66,816.00 183 6212 ft gem Step: 2183 2,922.00 70,128.00
6212 ft gem Step: 3183 3,073.00 73,752.00
6212 ft gem Step: 4183 3,220.00 77,280.00
6212 ft gem Step: 5183 3,382.00 81,168.00
SPECIAL EVENT COORDINATOR gem Step: 1 3,219.00 77,256.00 106 gem Step: 2 3,380.00 81,120.00
gem Step: 3 3,550.00 85,200.00
gem Step: 4 3,727.00 89,448.00
gem Step: 5 3,913.00 93,912.00
5102 SPECIAL SERVICES COORDINATOR ft gem Step: 1199 3,400.00 81,600.00 199 5102 ft gem Step: 2199 3,567.00 85,608.00
5102 ft gem Step: 3199 3,747.00 89,928.00
5102 ft gem Step: 4199 3,934.00 94,416.00
5102 ft gem Step: 5199 4,132.00 99,168.00
5204 SPORTS COORDINATOR ft gem Step: 1110 3,219.00 77,256.00 110 5204 ft gem Step: 2110 3,380.00 81,120.00
5204 ft gem Step: 3110 3,550.00 85,200.00
5204 ft gem Step: 4110 3,727.00 89,448.00
5204 ft gem Step: 5110 3,913.00 93,912.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 20 of 21

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 41, Packet Page 155 8/22/2023
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 6204 STREET & UTILITIES SUPERVISOR ft gem Step: 1252 3,144.00 75,456.00 252 6204 ft gem Step: 2252 3,300.00 79,200.00
6204 ft gem Step: 3252 3,466.00 83,184.00
6204 ft gem Step: 4252 3,641.00 87,384.00
6204 ft gem Step: 5252 3,821.00 91,704.00
6208 STREET MAINTENANCE LEADWORKER ft gem Step: 1128 2,853.00 68,472.00 128 6208 ft gem Step: 2128 2,995.00 71,880.00
6208 ft gem Step: 3128 3,141.00 75,384.00
6208 ft gem Step: 4128 3,298.00 79,152.00
6208 ft gem Step: 5128 3,466.00 83,184.00
6209 STREET MAINTENANCE WORKER ft gem Step: 1129 2,130.00 51,120.00 129 6209 ft gem Step: 2129 2,237.00 53,688.00
6209 ft gem Step: 3129 2,348.00 56,352.00
6209 ft gem Step: 4129 2,466.00 59,184.00
6209 ft gem Step: 5129 2,589.00 62,136.00
6209 ft gem Step: 6129 2,718.00 65,232.00
6209 ft gem Step: 7129 2,854.00 68,496.00
5308 SUSTAINABILITY ASSISTANT ft gem Step: 1374 3,300.00 79,200.00 374 5308 ft gem Step: 2374 3,466.00 83,184.00
5308 ft gem Step: 3374 3,641.00 87,384.00
5308 ft gem Step: 4374 3,821.00 91,704.00
5308 ft gem Step: 5374 4,011.00 96,264.00
3103 TECHNOLOGY SVCS. SPECIALIST ft gem Step: 1271 2,902.00 69,648.00 271 3103 ft gem Step: 2271 3,045.00 73,080.00
3103 ft gem Step: 3271 3,195.00 76,680.00
3103 ft gem Step: 4271 3,357.00 80,568.00
3103 ft gem Step: 5271 3,525.00 84,600.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 21 of 21

CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (GEM)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 42, Packet Page 156 6/1/2023 CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (MFCOA) Effective 7/01/2023 Through 6/30/2024
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 2205 ASSISTANT FIRE CHIEF ft fma Step: 1325 7,839.00 188,136.00 325 2205 ft fma Step: 2325 8,227.00 197,448.00
2205 ft fma Step: 3325 8,642.00 207,408.00
2205 ft fma Step: 4325 9,074.00 217,776.00
2205 ft fma Step: 5325 9,526.00 228,624.00
1209 DIVISION CHIEF ft fma Step: 1019 6,686.00 160,464.00 019 1209 ft fma Step: 2019 7,021.00 168,504.00
1209 ft fma Step: 3019 7,373.00 176,952.00
1209 ft fma Step: 4019 7,740.00 185,760.00
1209 ft fma Step: 5019 8,128.00 195,072.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 1 of 1

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 43, Packet Page 157 8/16/2023 CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (PLMA) Effective 7/01/2023 Through 6/30/2024
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 6724 ASSISTANT POLICE CHIEF ft plma Step: 1340 7,762.00 186,288.00 340 6724 ft plma Step: 2340 8,148.00 195,552.00
6724 ft plma Step: 3340 8,557.00 205,368.00
6724 ft plma Step: 4340 8,985.00 215,640.00
6724 ft plma Step: 5340 9,434.00 226,416.00
1214 POLICE LIEUTENANT ft plma Step: 1024 6,735.00 161,640.00 024 1214 ft plma Step: 2024 7,072.00 169,728.00
1214 ft plma Step: 3024 7,430.00 178,320.00
1214 ft plma Step: 4024 7,801.00 187,224.00
1214 ft plma Step: 5024 8,189.00 196,536.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 1 of 1

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 44, Packet Page 158 8/16/2023 CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (MFFA) Effective 7/01/2023 Through 6/30/2024
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 2204 DEPUTY FIRE MARSHALL ft mffa Step: 1209 4,741.00 113,784.00 209 2204 ft mffa Step: 2209 4,978.00 119,472.00
2204 ft mffa Step: 3209 5,228.00 125,472.00
2204 ft mffa Step: 4209 5,485.00 131,640.00
2204 ft mffa Step: 5209 5,760.00 138,240.00
2201 FIRE CAPTAIN ft mffa Step: 1059 4,514.00 108,336.00 059 2201 ft mffa Step: 2059 4,739.00 113,736.00
2201 ft mffa Step: 3059 4,976.00 119,424.00
2201 ft mffa Step: 4059 5,222.00 125,328.00
2201 ft mffa Step: 5059 5,484.00 131,616.00
2203 FIRE ENGINEER ft mffa Step: 1060 3,898.00 93,552.00 060 2203 ft mffa Step: 2060 4,092.00 98,208.00
2203 ft mffa Step: 3060 4,298.00 103,152.00
2203 ft mffa Step: 4060 4,514.00 108,336.00
2203 ft mffa Step: 5060 4,739.00 113,736.00
2206 FIREFIGHTER ft mffa Step: 1062 3,535.00 84,840.00 062 2206 ft mffa Step: 2062 3,711.00 89,064.00
2206 ft mffa Step: 3062 3,898.00 93,552.00
2206 ft mffa Step: 4062 4,092.00 98,208.00
2206 ft mffa Step: 5062 4,298.00 103,152.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 1 of 1

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 45, Packet Page 159 6/1/2023 CITY OF MONTEREY FULL-TIME SALARY SCHEDULE (MPA) Effective 7/01/2023 Through 6/30/2024
POS # POSITION TITLE Group Semi-Monthly Rate Annual Rate GRADE 2103 POLICE OFFICER ft mpa Step: 1057 4,350.00 104,400.00 057 2103 ft mpa Step: 2057 4,568.00 109,632.00
2103 ft mpa Step: 3057 4,800.00 115,200.00
2103 ft mpa Step: 4057 5,035.00 120,840.00
2103 ft mpa Step: 5057 5,284.00 126,816.00
2105 POLICE SERGEANT ft mpa Step: 1058 5,310.00 127,440.00 058 2105 ft mpa Step: 2058 5,573.00 133,752.00
2105 ft mpa Step: 3058 5,854.00 140,496.00
2105 ft mpa Step: 4058 6,145.00 147,480.00
2105 ft mpa Step: 5058 6,458.00 154,992.00
General Info\SALARY SCHEDULES\SalarySch-Annual2.rpt Page 1 of 1

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 46, Packet Page 160 8/16/2023 CITY OF MONTEREY PART-TIME HOURLY SCHEDULE (RPT) Effective 7/01/2023 Through 6/30/2024
POS # POSITION TITLE GRADE Group
9373 ACCOUNTING ASSISTANT rpt rpt 673Step: 1 27.27 673
9373 rpt rpt 673Step: 2 28.63
9373 rpt rpt 673Step: 3 30.07
9373 rpt rpt 673Step: 4 31.57
9373 rpt rpt 673Step: 5 33.17
9329 ADMINISTRATIVE ASSISTANT rpt rpt 643Step: 1 24.72 643 9329 rpt rpt 643Step: 2 25.96
9329 rpt rpt 643Step: 3 27.26
9329 rpt rpt 643Step: 4 28.63
9329 rpt rpt 643Step: 5 30.07
9329 rpt rpt 643Step: 6 31.57
9329 rpt rpt 643Step: 7 33.17
9999 AQUATICS SPECIALIST I ptrpt 000Step: 1 20.22 475
9999 ptrpt 000Step: 2 21.23
9999 ptrpt 000Step: 3 22.29
9999 ptrpt 000Step: 4 23.41
9999 ptrpt 000Step: 5 24.61
9534 ARTIFACT SPECIALIST rpt rpt 485Step: 1 27.27 485
9534 rpt rpt 485Step: 2 28.63
9534 rpt rpt 485Step: 3 30.06
9534 rpt rpt 485Step: 4 31.56
9534 rpt rpt 485Step: 5 33.15
CULTURAL ARTS ASSISTANT rpt Step: 1 27.27 639
rpt Step: 2 28.63
rpt Step: 3 30.07
rpt Step: 4 31.57
rpt Step: 5 33.17
roll\402-01-Payroll General Info\SALARY SCHEDULES\SalarySch Part-time.rpt Page 1 of 4

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 47, Packet Page 161 8/16/2023
POS # POSITION TITLE GRADE Group
9339 CUSTODIAN rpt rpt 471Step: 1 19.21 471
9339 rpt rpt 471Step: 2 20.20
9339 rpt rpt 471Step: 3 21.20
9339 rpt rpt 471Step: 4 22.27
9339 rpt rpt 471Step: 5 23.40
9664 FACILITY ATTENDANT rpt rpt 545Step: 1 27.06 545
9664 rpt rpt 545Step: 2 28.44
9664 rpt rpt 545Step: 3 29.84
9664 rpt rpt 545Step: 4 31.34
9664 rpt rpt 545Step: 5 32.89
9615 HARBOR SECURITY WORKER rpt rpt 713Step: 1 29.16 713 9615 rpt rpt 713Step: 2 30.60
9615 rpt rpt 713Step: 3 32.15
9615 rpt rpt 713Step: 4 33.74
9615 rpt rpt 713Step: 5 35.43
LAUNDRY ATTENDANT rpt Step: 1 14.58 580
rpt Step: 2 15.26
rpt Step: 3 16.05
rpt Step: 4 16.81
rpt Step: 5 17.65
9526 LEAD PRESCHOOL INSTRUCTOR rpt rpt 525Step: 1 23.34 525 9526 rpt rpt 525Step: 2 24.48
9526 rpt rpt 525Step: 3 25.72
9526 rpt rpt 525Step: 4 27.01
9526 rpt rpt 525Step: 5 28.34
LIBRARIAN rpt Step: 1 30.61 546
rpt Step: 2 32.16
rpt Step: 3 33.76
rpt Step: 4 35.45
rpt Step: 5 37.22
roll\402-01-Payroll General Info\SALARY SCHEDULES\SalarySch Part-time.rpt Page 2 of 4

CITY OF MONTEREY PART-TIME HOURLY SCHEDULE (RPT)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 48, Packet Page 162 8/16/2023
POS # POSITION TITLE GRADE Group
9515 LIBRARY ASSISTANT I rpt rpt 547Step: 1 25.97 547
9515 rpt rpt 547Step: 2 27.29
9515 rpt rpt 547Step: 3 28.63
9515 rpt rpt 547Step: 4 30.09
9515 rpt rpt 547Step: 5 31.57
9513 LIBRARY ASSISTANT II rpt rpt 548Step: 1 27.29 548
9513 rpt rpt 548Step: 2 28.63
9513 rpt rpt 548Step: 3 30.07
9513 rpt rpt 548Step: 4 31.57
9513 rpt rpt 548Step: 5 33.17
9524 LIFEGUARD rpt rpt 492Step: 1 16.41 492
9524 rpt rpt 492Step: 2 17.15
9524 rpt rpt 492Step: 3 18.07
9524 rpt rpt 492Step: 4 18.95
9524 rpt rpt 492Step: 5 19.91
9665 PARKING ENFORCEMENT OFFICER rpt rpt 482Step: 1 29.16 482 9665 rpt rpt 482Step: 2 30.60
9665 rpt rpt 482Step: 3 32.15
9665 rpt rpt 482Step: 4 33.74
9665 rpt rpt 482Step: 5 35.43
9662 PARKING SERVICES REPRESENTATIV rpt rpt 714Step: 1 27.09 714 9662 rpt rpt 714Step: 2 28.45
9662 rpt rpt 714Step: 3 29.86
9662 rpt rpt 714Step: 4 31.35
9662 rpt rpt 714Step: 5 32.93
9518 PHYSICAL THERAPIST rpt rpt 535Step: 1 51.36 535
9518 rpt rpt 535Step: 2 53.92
9518 rpt rpt 535Step: 3 56.63
9518 rpt rpt 535Step: 4 59.45
9518 rpt rpt 535Step: 5 62.42
roll\402-01-Payroll General Info\SALARY SCHEDULES\SalarySch Part-time.rpt Page 3 of 4

CITY OF MONTEREY PART-TIME HOURLY SCHEDULE (RPT)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 49, Packet Page 163 8/16/2023
POS # POSITION TITLE GRADE Group
rpt 255
9528 RECREATION SPECIALIST rpt rpt 476Step: 1 25.26 476 9528 rpt rpt 476Step: 2 26.53
9528 rpt rpt 476Step: 3 27.86
9528 rpt rpt 476Step: 4 29.25
9528 rpt rpt 476Step: 5 30.74
9519 SITE DIRECTOR/AFTERSCHOOL rpt rpt 513Step: 1 18.31 513 9519 rpt rpt 513Step: 2 19.23
9519 rpt rpt 513Step: 3 20.20
9519 rpt rpt 513Step: 4 21.19
9519 rpt rpt 513Step: 5 22.27
TOT ACTIVITY LEADER rpt Step: 1 18.31 491
rpt Step: 2 19.23
rpt Step: 3 20.20
rpt Step: 4 21.19
rpt Step: 5 22.27
9716 WHARF ATTENDANT rpt rpt 707Step: 1 27.10 707
9716 rpt rpt 707Step: 2 28.43
9716 rpt rpt 707Step: 3 29.85
9716 rpt rpt 707Step: 4 31.35
9716 rpt rpt 707Step: 5 32.92
roll\402-01-Payroll General Info\SALARY SCHEDULES\SalarySch Part-time.rpt Page 4 of 4

CITY OF MONTEREY PART-TIME HOURLY SCHEDULE (RPT)
Effective 7/01/2023 Through 6/30/2024

EXHIBIT A
Council Regular Meeting, 11/21/2023, Item No. 13., Item Page 50, Packet Page 164 Council
Agenda Report
№08/22
FROM: Nat Rojanasathira, Assistant City Manager
SUBJECT: Report on Federal, State, and Non-Profit Grant Opportunities (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
RECOMMENDATION:

That the City Council receive a report on federal, state, and non-profit grant opportunities.

VALUE DRIVERS:

POLICY IMPLICATIONS:

It is within the City Council’s purview to receive reports on the City’s programs, including grant opportunities.

FISCAL IMPLICATIONS:

None.

ENVIRONMENTAL DETERMINATION:

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

ALTERNATIVES CONSIDERED:

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

Date: 11/21/2023
Item No.: 14.

Council Regular Meeting, 11/21/2023, Item No. 14., Item Page 1, Packet Page 165 DISCUSSION:

Seeking Federal, State, and Nonprofit Grants
Historically, the City has taken a decentralized approach to pursuing federal, state, and nonprofit grant opportunities for projects and programs that meet the City’s list of priority efforts, relying exclusively on department staff to pursue, solicit, and manage grant opportunities.

Recognizing that several municipalities in California have been successful in also working with a professional consulting firm that specializes in seeking, tracking, and writing grant proposals for local governments as well as recognizing the most recent federal and state efforts to provide taxpayer funded grants, the City of Monterey released an RFP in early 2022 for grant writing services. Since July 1, 2022, the firm of California Consulting, Inc. has provided ongoing grant writing services for the City of Monterey to supplement the work of City staff. The current monthly cost for this service is $5,600 per month.

While the grant consultant helps identify grant opportunities and write the lion’s share of the grant applications, the consultant relies heavily on City staff for the grant application details and, of course, to implement the program once a grant is awarded. Several grant opportunities throughout the year are applied by City staff without consultant support. Staff believes utilizing the expertise of grant consultants and the deep knowledge base of City staff helps the City be successful in seeking and securing funding for City projects and programs.

Grants Submitted and Awarded
Since July 1, 2022, the City has been awarded 25 grants totaling $5,658,873. These include:
 $63,214 from CalRecycle for street repairs using rubberized pavement  $40,000 from the California Energy Commission (CEC) for an automated solar permitting platform
 $50,257 from the California Office of Traffic Safety (OTS) for extrication equipment for five fire stations
 $800,000 from CAL FIRE for two years of fuel reduction efforts that align with the City’s Greenbelt Fuel Reduction Program
 Notice of Intent (NOI) approved for up to $495,000 from the California Office of Emergency Services (Cal OES) for the Hazard Mitigation Grant Program  $150,000 per year from Central Coast Community Energy (3CE) for the Plan Your Fleet funding, assisting the City with the installation of Electric Vehicle (EV) charging infrastructure
 $7,500 per year from CalRecycle for improved bottle and aluminum can recycling efforts  $200,000 from the Federal Highway Administration (FHWA) Safe Streets and Roads for All (SS4A) for the Monterey Local Road Safety Plan
 $119,120 from the Transportation Agency for Monterey County (TAMC) Regional Surface Transportation Program (RSTP) for the Madison/Larkin/Hermann Quick Build Project
 $165,000 from the California Department of Housing and Community Development (HCD) Regional Early Action Planning (REAP) 1.0 Grant for the Housing Element and EIR.

Council Regular Meeting, 11/21/2023, Item No. 14., Item Page 2, Packet Page 166  $56,000 from HCD’s PLHA for predevelopment costs for the Madison Street Affordable Housing Development and $33,000 for emergency rental assistance  $2,450,000 from HCD’s REAP 2.0 Regional Competitive Grant Program for the Madison Street Affordable Housing Development
 $180,000 from HCD’s REAP 2.0 Jurisdiction Allotment for implementation of the Housing Element
 $100,000 from the Monterey Peninsula Foundation for improvements at Sollecito Ballpark
 $30,000 from California American Water Company for the San Carlos Beach Landscape Project
 $100,000 from the Community Development Block Grant (CDBG) funds for park improvements at Laguna Grande Regional Park
 $177,952 from the California State Parks’ Per Capita Grant (Prop 68) for improvements at the Monterey Sports Center
 $12,000 from the Pacific Library Partnership for makerspace technology at the Monterey Public Library
 $55,238 from the MCGives Campaign (community donors and a contribution from the Community Foundation for Monterey County) to update the Children’s Area at the Library
 $28,385 (as of Nov. 15, 2023) from the MCGives Campaign for art at the Library  $152,087 from the California State Library and Black Gold Cooperative Library System for the Stronger Together – Bookmobile grant, towards purchase of a new Monterey Public Library bookmobile
 $188,700 from the California State Library and Black Gold Cooperative Library System for an Early Learning Hub at the Library
 $4,420 from the California State Library for the Zip Books program at the Library  $1,000 from StarNet for blue whales education at the Monterey Public Library  $30,000 from the Community Foundation for Monterey County’s Thomas Doud Sr. and Anita M. Doud Fund for the “Walking the Path of History in the 21st Century: a New Look at Those Forgotten” Project
 $3,000 from the Tyler Heart Institute for two Automated External Defibrillators (AEDs), one in the City Council Chamber and the other in Colton Hall Grants Submitted and Pending
The City has also submitted several grant applications that are currently pending (not yet awarded or denied), totaling $4,411,818 in potential funding. The grant opportunities include:
 $3,800,000 in potential funding from the U.S. Department of Transportation’s Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) program for improvements to Lighthouse Tunnel and Lake El Estero Pump Station 11 to mitigate flood risk
 $495,000 in potential funding from Cal OES on the Hazard Mitigation Grant Program for fuel reduction on Don Dahvee Greenbelt.
 $19,318 in potential funding from Bloomberg Philanthropies on asphalt art grants  $90,000 per year from CalRecycle’s Local Assistance Grant Program, through ReGen Monterey, to assist in compliance with SB 1383
 $7,500 in potential funding from the Pebble Beach Foundation for children’s technology Council Regular Meeting, 11/21/2023, Item No. 14., Item Page 3, Packet Page 167 Grants Submitted – Not Selected for Funding
The City has submitted a number of grants that were not selected for funding, totaling $953,690.

Grants not selected for funding include:
 $347,112 from the Board of State and Community Corrections (BSCC) Organized Retail Theft Prevention Program for the installation of Automated License Plate Readers (ALPRs). The City intends to resubmit this application in 2024 if the City Council supports the deployment of ALPRs in the City.
 $239,373 from the U.S. Department of Agriculture (USDA) Forest Service, Urban and Community Forestry Inflation Reduction Act for the planting and maintenance of trees  $44,170 from the Federal Emergency Management Agency (FEMA) for five thermal imaging cameras
 $323,035 from the California State Library for the Building Forward – Energy Efficiency Building Upgrades for the Monterey Public Library
Grants in Progress and Under Consideration
Every month, the City Manager’s Office meets with the grants consultant to review potential grants for compatibility with the City’s priorities, staff capacity to support the grant, matching funds requirements, and other criteria. This process helps identify which grants are competitive for the City and which grants may not be worth pursuing.

Grants in progress that the City intends to pursue include funding for recycled water efforts, crime analysis and crime information-sharing, historic resources restoration, electricity resilience, youth field sports renovations, recreational trails, electric vehicle infrastructure, and habitat conservation.

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, 11/21/2023, Item No. 14., Item Page 4, Packet Page 168 Council
Agenda Report
№08/22
FROM: Andrea Renny, Public Works Director
Prepared By: Marissa Garcia, Engineering Assistant
SUBJECT: Receive a Presentation from Monterey-Salinas Transit (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
RECOMMENDATION:

That the City Council receive a presentation from Monterey-Salinas Transit.

VALUE DRIVERS:

This presentation is in accordance with the priority of protecting the environment through the reduction of greenhouse gas emissions and transparent and inclusive government which includes partnership with other government agencies.

POLICY IMPLICATIONS:

As a member of the Monterey-Salinas Transit District, it is important for the City to remain up to date on the programs and services provided by the agency.

FISCAL IMPLICATIONS:

There are no fiscal implications associated with receiving this presentation.

ENVIRONMENTAL DETERMINATION:

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

ALTERNATIVES CONSIDERED:

The City Council could choose not to accept the presentation, or to request additional information from City or Monterey-Salinas Transit staff.

Date: 11/21/2023
Item No.: 15.

Council Regular Meeting, 11/21/2023, Item No. 15., Item Page 1, Packet Page 169 DISCUSSION:

The City of Monterey has been a member of the Monterey-Salinas Transit (MST) District since its inception under the Monterey Peninsula Transit Joint Powers Agency in 1972. The Transit District covers the cities of Carmel, Del Rey Oaks, Gonzales, Greenfield, King City, Marina, Monterey, Pacific Grove, Salinas, Sand City, Seaside, Soledad, and the County of Monterey.

The City of Monterey is a voting member of the MST Board of Directors and provides funding to MST to operate the free MST Trolley in downtown Monterey and Cannery Row between Memorial Day and Labor Day.

MST recently celebrated its 50-year Golden Anniversary, providing transit service to our community. In this update to the City Council, MST will share recent accomplishments, Citywide ridership information, as well as upcoming projects and challenges.

AR/mg
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, 11/21/2023, Item No. 15., Item Page 2, Packet Page 170 FROM: David J. Hober, Chief of Police
Prepared By: Gabriel Kaster, Lieutenant
SUBJECT: Provide Direction to the Monterey Police Department (MPD) Staff about Whether to Procure and Use Automated License Plate Recognition (ALPR) Technology, Fixed and Mobile (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That Council provides direction to the Monterey Police Department (MPD) staff on whether to procure and use Automated License Plate Recognition (ALPR) technology, fixed and mobile. If the direction is to proceed, staff will return at a future meeting for adoption of the policy and authority to contract for the purchase of the technology.

VALUE DRIVER:

POLICY IMPLICATIONS:

This technology is consistent with the City’s past practice of implementing mature, efficient, and effective technical capabilities to assist staff in their support of our community. This technology directly supports the City Council’s Value Drivers to “provide sufficient resources and support to develop and retain a highly qualified city workforce” and the City Council’s mission to provide a “safe, healthy and economically vibrant community.”
FISCAL IMPLICATIONS:

The following are cost estimates based on information obtained from ALPR vendor(s).

Optimal coverage ($135,000 initial costs / $105,000 on-going a year - estimates)  Thirty-five (35) cameras in thirty-two (32) locations o Cover all ingress/egress points for the City of Monterey Sub-Optimal coverage ($85,000 initial costs / $66,000 on-going a year – estimates)  Twenty (22) cameras in twenty (20) locations
o Cover perimeter with some ingress/egress points for the City of Monterey ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 11/21/2023, Item No. 16., Item Page 1, Packet Page 171 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 direct the Monterey Police Department (MPD):
 To proceed with acquiring and utilizing ALPR technologies, providing additional direction to:
o Proceed with Optimal Coverage
o Proceed with Sub-Optimal Coverage
 Not to proceed with utilizing ALPR technologies.

DISCUSSION:

This report provides information to Council and the public about:
 The benefits of the MPD implementing an ALPR technology solution  Statutory requirements related to ALPRs and how the proposed MPD Policy addresses these requirements
 A proposed path toward the MPD implementing a fully functional ALPR program The Benefits of the MPD Implementing an ALPR Technology Solution An Automated License Plate Recognition (ALPR) System is a searchable computerized database resulting from the operation of one or more mobile or fixed cameras combined with computer algorithms to read and convert images of registration plates and the characters they contain into computer-readable data (CA Civil Code §1798.90.5(d)). One portion of this system is a fixed ALPR system, which utilizes the deployment of fixed automated cameras throughout an area that photographs vehicles and their license plates on public roadways to assist law enforcement with their criminal investigations. Another portion is a mobile system that utilizes cameras mounted on vehicles that photograph and capture vehicles and their license plates on public roadways.

Technological advancements assist in all endeavors, including detecting and deterring crime.

ALPR technologies would assist the Monterey Police Department (MPD) locate vehicles used in criminal activities or are part of a crime. While police officers are provided information about vehicles used in crime and/or stolen vehicles, humans cannot retain and access that information as efficiently as a computer. ALPR technology is used to alert police officers to license plates and vehicles used in crimes. For example, if witnesses to a robbery identify the make, model, or color of a suspect’s vehicle, that information, cross-referenced to ALPR data, may help identify the vehicle used in a crime. Officers then verify the information the technology has alerted them to. This results in not only apprehending those who are involved in crime and recovering stolen property but also in deterring those who may be involved in crime.

A 2014 RAND report titled, License Plate Readers for Law Enforcement relates, “LPR systems have distinct benefits that make them attractive to police, including helping to more efficiently allocate resources, increasing opportunities for high-profile arrests, and boosting the capacity Council Regular Meeting, 11/21/2023, Item No. 16., Item Page 2, Packet Page 172 to identify those vehicles possibly involved in criminal activity, even with partial plate information. These benefits make LPR systems a force-multiplier for police.” (page 58)1 ALPR Technology: An Important Tool in Modern Policing
Implementing technology of this type will allow Monterey to utilize the most contemporary technologies to assist in identifying those involved in crime, including violent crime, retail theft, and other criminal activity. Many communities in Monterey County Carmel-by-the-Sea, Pacific Grove, Seaside, Sand City, and Salinas are all utilizing ALPR technology y and finding success in apprehending suspects and deterring crime. Other Northern California localities utilizing ALPR systems include Alameda, Atherton, Auburn, Benicia, Brisbane, Burlingame, Calistoga, Concord, Danville, Dublin, Fairfield, Folsom, Foster City, Gilroy, Hayward, Livermore, Los Gatos, Millbrae, Milpitas, Morgan Hill, Napa County, Palo Alto, Piedmont, Pleasanton, Richmond, Rocklin, Roseville, San Bruno, San Jose, San Leandro, San Mateo, San Mateo County, Santa Clara, Stockton, Vacaville, Vallejo, Watsonville, and others.

The MPD currently has Axon Fleet 3 “in-car” video cameras that are integrated with the Axon Body Worn Camera (BWC) system. The Fleet 3 “in-car” cameras have the capability to provide a mobile ALPR system. As has been described, a mobile ALPR system captures license plates from cameras mounted on vehicles while the vehicles are mobile. The Axon Fleet 3 “in-car” camera system can be activated if approved by Council.

ALPR technology can be used to assist in addressing the retail theft “smash-and-grab” robberies that are plaguing the state. In Monterey, there have been multiple cases of persons from out of the area involved in smash-and-grab retail theft rings who come to our community and take thousands of dollars of merchandise from high-end retailers, including sunglass retailers, lingerie stores, and technology retailers.

Additionally, during specific special events, such as Car Week, there are frequent instances of people driving dangerously throughout the city with wanton disregard for public safety. When agencies deploy the ALPR technology, they oftentimes publicize that the system has been implemented as a deterrent to criminal groups that may target those communities. Catalytic converter thefts and stolen vehicles have been reduced in communities with ALPR programs.

The Salinas Police Department credits ALPR technology with resolving three homicides since they have implemented the program.

Statutory Requirements Related to ALPRs and How the Proposed Policy Addresses These Requirements
There are a multitude of statutory requirements already implemented by the State of California setting the legal framework for the use of ALPRs.

California Civil Code – Title 1.81.23 – Collection of License Plate Information [1798.90.5 – 1798.90.55] provides legislative mandates related to public agencies that operate or intend to operate ALPR systems. Specifically, §1798.90.55(a) relates, A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program.

Other sections found in §1798.90.5 - §1798.90.55, provide definitions, requirements, and actions that can be taken by persons for violations of these statutes. Some of these requirements include (synopsized):
1 RAND Corporation, License Plate Reader for Law Enforcement – Opportunities and Obstacles, 2014 Council Regular Meeting, 11/21/2023, Item No. 16., Item Page 3, Packet Page 173  Maintaining reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. (§1798.90.51)  Implementing a usage and privacy policy in order to ensure that the collection, use, maintenance, sharing and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR operator has an Internet Web site, the usage and privacy policy shall be posted conspicuously on that Internet Web site. (§1798.90.51).
 If an ALPR operator accesses or provides access to ALPR information, the ALPR operator shall maintain a record of that access and require that ALPR information only be used for the authorized purposes described in the usage and privacy policy. (§1798.90.52)
 An ALPR end-user shall maintain reasonable security procedures and practices to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. And, implement a usage and privacy policy in order to ensure that the access, use, sharing and dissemination of the ALPR information is consistent with respect for individuals’ privacy and civil liberties. (§1798.90.53) The attached Draft Monterey Police Department (MPD) Policy Section 433 – Automated License Plate Readers (ALPRs), provides policy to ensure that the MPD is in compliance with all of the statutory requirements. The policy was drafted by the Lexipol consulting firm and platform to ensure compliance with state mandates and best practices. The policy was then updated by incorporating requirements after reviewing policies from other Police Departments that have worked with civil liberties groups to address concerns, specifically the Vallejo Police Department’s Policy. It was further refined through review by the Monterey City Attorney’s Office.

Additionally, it is anticipated that additional legislation will be passed related to ALPR technology. One such example is California Assembly Bill 1463 – Automated license plate recognition systems: retention and use of information. While this bill did not pass this legislative round, it would have required that ALPR information that does not match information on a hot list be purged in 30 days. As a result, the MPD Policy suggests a 30-day purge for information that is not associated with a case report, investigation, complaint or citation.

Some ALPR camera solutions have addressed privacy concerns by creating systems that are intended to identify vehicles, license plates, and/or makes and models of vehicles, but not vehicle occupants. Facial recognition technology is not utilized as part of the system and it is not a proposed aspect of this ALPR project. The ALPR system would not capture personal identifiable information; it would only capture the images of vehicles and license plates already visible in public.

All MPD users would be provided with training related to the legal requirements, privacy concerns, policy mandates and system usage, prior to being provided system access. Only approved staff would be authorized to access the ALPR system and each access would contain the users unique identifier, password, and the investigative reason for access. Similar to other criminal justice information, users will only be allowed to access ALPR information for authorized purposes. Police Department administrative staff will perform regular audits of the system to ensure collected data is secure and being used in accordance with Department policies and the law. The system will be further secured with the City’s identity and access management system and the City’s cyber security monitoring solution.

Council Regular Meeting, 11/21/2023, Item No. 16., Item Page 4, Packet Page 174 To demonstrate and promote transparency, the MPD would launch a public ALPR transparency portal. This portal would reside on the Department’s webpage to share information with the public around when and how we are using the data being collected. ALPR systems improve public safety while protecting the critical right of privacy and are aligned with the Monterey Police Department’s commitment to transparency, accountability, and integrity.

A Proposed Path Toward the MPD Implementing a Fully Functional ALPR Program Should the City Council support the implementation of an ALPR Program, additional suggested next steps include:
 Adjusting/implementing Council recommendations related to an MPD ALPR system as a result of this presentation.
 Proceeding with the procurement process to obtain a fixed ALPR platform that provides optimal coverage of all of the ingress/egress points of the City of Monterey.  Implementing a fixed ALPR system that integrates with the Axon Fleet 3 “in-car” video cameras which will provide a mobile ALPR capability and that the mobile ALPR capability be initiated when the fixed ALPR solution is activated.

A fully functional fixed and mobile ALPR program that provides cameras placed at strategic locations throughout the City and in vehicles will add significant investigative leads to help solve and deter crime in Monterey. Placing ALPR cameras along Monterey’s ingress and egress points will provide the Monterey Police Department with a pointer system that can identify vehicles associated with criminal activity, and both deter and solve serial criminal activities occurring in different law enforcement jurisdictions. Investing in a fully functional ALPR solution will ensure the City is equipped with technology that will solve, deter, and proactively suppress crime and reduce the fear of crime in Monterey.

Next Steps: Additional Public Engagement
Staff recommends that the Monterey Police Department engage in further public engagement to gather additional feedback from residents, neighborhood associations, business associations, and community organizations about ALPRs. Engagement tools may include a town hall meeting, informational webpage, Have Your Say Monterey, and other tools.

Following public feedback, staff would share the results of community feedback with the City Council at a future meeting with a final recommendation.

DH/gk
Attachments: 1. MPD Draft Policy 433 - Automated License Plate Reader Policy Cc: Neighborhood and Business Associations
American Civil Liberties Union (ACLU)
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, 11/21/2023, Item No. 16., Item Page 5, Packet Page 175 Policy
433
Monterey Police Department
Monterey PD Policy Manual
Copyright Lexipol, LLC 2023/11/07, All Rights Reserved.

Published with permission by Monterey Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 1 Automated License Plate Readers (ALPRs)
433.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 433.2 DEFINITIONS
• Automated License Plate Reader (ALPR): A device that uses cameras and computer technology to capture images of vehicle license plates and other vehicle data in order to identify and compare those captured digital images to lists of license plate numbers associated with Vehicles of Interest (as identified below). • ALPR Operator: A trained Department member authorized to utilize ALPR system/ equipment. ALPR operators may be assigned to any position within the Department, and the ALPR Administrator may order the deployment of the ALPR systems for use in legitimate law enforcement efforts.
• ALPR Administrator: The Investigations/Administrative Division Commander serves as the ALPR Administrator for the Department.
• Hot List: A list of license plates associated with Vehicles of Interest compiled from one or more databases including, but not limited to, NCIC, CA DMV, Local BOLO's, etc. • Vehicles of Interest: Including, but not limited to vehicles reported as stolen; vehicles displaying stolen license plates or tags; vehicles linked to missing and/or wanted persons and vehicles flagged by the Department of Motor Vehicles or law enforcement agencies.
• Detection: Data obtained by an ALPR of an image (such as a license plate) within public view that was read by the device, including potential images (such as the plate and description of vehicle on which it was displayed), and information regarding the location of the ALPR system at the time of the ALPR's read. • Hit: Alert from the ALPR system that a scanned license plate number may be in the National Crime Information Center (NCIC) or other law enforcement database for a specific reason including, but not limited to, being related to a stolen car, wanted person, missing person, domestic violation protective order, involved in a crime, or terrorist-related activity.
433.3 POLICY
The policy of the Monterey Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public.

All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review.

Attachment 1
Council Regular Meeting, 11/21/2023, Item No. 16., Item Page 6, Packet Page 176 Monterey Police Department
Monterey PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/11/07, All Rights Reserved.

Published with permission by Monterey Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 2 433.4 ADMINISTRATION
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates along with the vehicle make, model, color, and unique identifiers through the Monterey Police Department's ALPR system and vehicle identification technology. It is used by the Monterey Police Department to convert data associated with vehicle license plates and vehicle descriptions for official law enforcement purposes, including but not limited to identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery.

All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the ALPR Administrator. The ALPR Administrator will assign members under their command to administer the day-to-day operation of the ALPR equipment and data. 433.4.1 ALPR ADMINISTRATOR
The Administration Division Commander shall be assigned the role of ALPR Administrator and is responsible for ensuring compliance with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to Civil Code § 1798.90.51; Civil Code § 1798.90.53:
(a) Only properly trained and specifically authorized Department members (sworn officers, analysts, police service technicians, police service assistants and community service officers) with an operational need to utilize the system are authorized to use or access the ALPR system or to collect ALPR information. (b) Ensuring that specific training requirements are established and that authorized users complete such training.
(c) Ensuring the security of the information and compliance with applicable privacy laws. (d) Ensuring that procedures are followed for system operators and maintaining records of access in compliance with Civil Code § 1798.90.52.
(e) Maintaining a list of the job title or other designation of the employees who are authorized to access and use ALPR information..
(f) Working with the Custodian of Records on the retention and destruction of ALPR data. (g) Ensuring this policy and related procedures are conspicuously posted on the department's website.
433.5 OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business. (b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR.

Council Regular Meeting, 11/21/2023, Item No. 16., Item Page 7, Packet Page 177 Monterey Police Department
Monterey PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/11/07, All Rights Reserved.

Published with permission by Monterey Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 3 (c) While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles.
(d) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training.
(e) No ALPR operator may access department, state or federal data unless otherwise authorized to do so.
(f) The officer will verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) or dispatch before taking enforcement action that is based solely on an ALPR alert.
(g) Login/Log-Out Procedure. To ensure proper operation and facilitate oversight of the ALPR system, all users will be required to have individual credentials for access and use of the systems and/or data, which has the ability to be fully audited. (h) Permitted/Impermissible Uses. The ALPR system, and all data collected, is the property of the Monterey Police Department. Department personnel may only access and use the ALPR system for official and legitimate law enforcement purposes consistent with this Policy. The following uses of the ALPR system are specifically prohibited:

1. Invasion of Privacy: Except when done pursuant to a court order such as a search warrant, it is a violation of this policy to utilize the ALPR to record license plates except those of vehicles that are exposed to public view (e.g., vehicles on a public road or street, or that are on private property but whose license plate(s) are visible from a public road, street, or a place to which members of the public have access, such as the parking lot of a shop or other business establishment).

2. Harassment or Intimidation: It is a violation of this policy to use the ALPR system to harass and/or intimidate any individual or group.

3. Use Based on a Protected Characteristic. It is a violation of this policy to use the ALPR system or associated scan files or Hot Lists solely because of a person's, or group's race, gender, religion, political affiliation, nationality, ethnicity, sexual orientation, disability, or other classification protected by law.

4. Personal Use: It is a violation of this policy to use the ALPR system or associated scan files or Hot Lists for any personal purpose.

5. First Amendment Rights. It is a violation of this policy to use the ALPR system or associated scan files or Hot Lists for the purpose or known effect of infringing upon First Amendment rights.

Anyone who engages in an impermissible use of the ALPR system or associated scan files or Hot Lists may be subject to; criminal prosecution, civil liability, and/or administrative sanctions, up to and including termination, pursuant to and consistent with the relevant collective bargaining agreements and City and Department policies.

Council Regular Meeting, 11/21/2023, Item No. 16., Item Page 8, Packet Page 178 Monterey Police Department
Monterey PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/11/07, All Rights Reserved.

Published with permission by Monterey Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 4 433.5.1 ALPR ALERT PROTOCOLS
Once and alert is received, the operator will confirm that the observed license plate from the system matches the license plate fo the observed vehicle. Before any law enforcement action is taken because of an ALPR alert, the alert will be verified through a CLETS inquiry via MDC or through Dispatch.

Officers will not take any police action that restricts the freedom of any individual based solely on an ALPR alert unless it has been validated. Because the ALPR alert may relate to a vehicle and may not relate to the person operating the vehicle, officers are reminded that they need to have reasonable suspicion and/or probable cause to make an enforcement stop of any vehicle. (For example, if a vehicle is entered into the system because of its association with a wanted individual, officers should attempt to visually match the driver to the description of the wanted subject prior to making the stop or should have another legal basis for making the stop.) Hot Lists. Designation of Hot Lists to be utilized by the ALPR system shall be made by the ALPR Administrator or his/her designee. Hot lists shall be obtained or compiled from sources as may be consistent with the purposes of the ALPR system set forth in this policy. Hot Lists utilized by the Department's ALPR system may be updated by agency sources more frequently than the Department may be uploading them and thus the Department's ALPR system will not have access to real time data. Occasionally, there may be errors in the ALPR system's read of a license plate.

Therefore, an alert alone shall not be a basis for police action (other than following the Vehicle of Interest).

Prior to initiation of a stop of a vehicle or other intervention based on an alert, Department members shall undertake the following:
(a) Verification of status on a Hot List. An officer must receive confirmation, from Communications or other department computer device, that the license plate is still stolen, wanted, or otherwise of interest before proceeding (absent exigent circumstances).
(b) Visual verification of license plate number. Officers shall visually verify that the license plate of interest matches identically with the image of the license plate number captured (read) by the ALPR, including both the alphanumeric characters of the license plate, state of issue, and vehicle descriptors before proceeding. (c) Department members alerted to the fact that an observed motor vehicle's license plate is entered as a Hot Plate (hit) in a specific BOLO (Be On The Lookout) list are required to make a reasonable effort to confirm that a wanted person is actually in the vehicle and/or that a reasonable basis exists before a Department member would have a lawful basis to stop the vehicle.

Department members will clear all vehicle stops from Hot List alerts by indicating the positive ALPR Hit, i.e., with an arrest or other enforcement action. If it is not obvious in the text of the call as to the correlation of the ALPR Hit and the arrest, then the Department member shall update Council Regular Meeting, 11/21/2023, Item No. 16., Item Page 9, Packet Page 179 Monterey Police Department
Monterey PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/11/07, All Rights Reserved.

Published with permission by Monterey Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 5 Communications and the original person and/or the system administrator inputting the vehicle in the Hot List (hit).

General Hot Lists (Stolen Vehicle System - SVS, Felony Wanted Vehicles - SFR, and Lost or Stolen License Plates - SLR) will be automatically downloaded into the ALPR system a minimum of once a day with the most current data overwriting the old data.

All entries and updates of specific Hot Lists within the ALPR system will be documented by the requesting Department member within the appropriate general offense report. As such, specific Hot Lists shall be approved by the ALPR Administrator (or designee) before initial entry within the ALPR system. The updating of such a list within the ALPR system shall thereafter be accomplished pursuant to the approval of the Department member's immediate supervisor. The hits from these data sources should be viewed as informational, created solely to bring the officers attention to specific vehicles that are suspected to have been associated with criminal activity.

All Hot List license plate numbers and suspect information entered into the ALPR system will contain the following information as a minimum:
• Entering Department member's name
• Related case number
• Short synopsis describing the nature of the originating call In the event the suspect vehicle or an occupant commits a violation of the law then the vehicle can be stopped or the occupants detained as in any other lawful stop or arrest.

When an ALPR alerts on a stolen vehicle for a non-sworn professional staff member, the employee shall pull over in a safe location and use the radio to alert an officer to the vehicle's location. At no time shall a professional staff member take any action with the vehicle or any occupants. 433.6 DATA COLLECTION AND RETENTION
The Administration Division Commander is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data.

All non-evidentiary ALPR data and license plate information records, not associated with any case report, investigation, complaint or citation, shall be downloaded to the server or cloud and stored for 30 days. Thereafter, it shall be entirely purged from all active and backup systems. Evidentiary ALPR data shall be tagged with a case report or citation number and be retained for the same length of time as other evidence relevant to the case.

The ALPR 3rd party vendor will store the data (data hosting) and ensure proper maintenance and security of data stored in their data towers. The ALPR vendor will purge their data at the end of the 30 days of storage. However, this will not preclude the Monterey Police Department from maintaining any relevant vehicle data obtained from the system after that period pursuant to the retention period set forth above for evidentiary and non-evidentiary data. Relevant vehicle data are scans corresponding to the Vehicle of Interest on a Hot List.

Council Regular Meeting, 11/21/2023, Item No. 16., Item Page 10, Packet Page 180 Monterey Police Department
Monterey PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/11/07, All Rights Reserved.

Published with permission by Monterey Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 6 Restrictions on use of ALPR Data: Information gathered or collected, and records retained by ALPR cameras or any other MPD ALPR system will not be sold, accessed, or used for any purpose other than legitimate law enforcement or public safety purposes. The release of necessary data to the City's authorized 3rd party vendor or to towing services shall not be considered the sale, sharing, or transferring of ALPR information.
433.7 ACCOUNTABILITY
All data will be closely safeguarded and protected by both procedural and technological means.

The Monterey Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b) All access to ALPR will be maintained in an audit trail, including the date and time the information was accessed, the license plate number or other data used to query the system, the username of the person who accessed the information and the purpose for accessing the information.
(c) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action.
(d) All non-law enforcement requests for access to stored ALPR data shall be referred to Administration Division Commander and processed in accordance with applicable law. (e) Such ALPR data may only be released to other authorized and verified law enforcement officials and agencies for legitimate law enforcement purposes. (f) No entry of "Hot Lists" or other data may be entered in to the ALPR database without supervisor approval.
(g) Every ALPR Detection Browsing Inquiry must be documented by either the associated Monterey Police Department case number or incident number, and/or a reason for the inquiry.

For security or data breaches, see the Records Release and Maintenance Policy. 433.8 ALPR DATA AUDITS
It is the responsibility of the Administration Division Commander or designee to ensure that an audit is conducted of ALPR detection browsing inquiries at least once during each calendar year.

The Department will audit a sampling of the ALPR system utilization from the prior 12-month period to verify proper use in accordance with the above-authorized uses. The audit shall randomly select at least 10 detection browsing inquiries conducted by department employees during the preceding twelve-month period and determine if each inquiry meets the requirements established in the "Accountability" policy section.

Council Regular Meeting, 11/21/2023, Item No. 16., Item Page 11, Packet Page 181 Monterey Police Department
Monterey PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/11/07, All Rights Reserved.

Published with permission by Monterey Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 7 The audit shall be documented in the form of an internal department memorandum to the Chief of Police. The memorandum shall include any data errors found so that such errors can be corrected.

After review by the Chief of Police, the memorandum and any associated documentation shall be filed and retained by the Administration Division Commander. 433.9 RELEASING ALPR DATA
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures:
(a) The agency makes a written request for the ALPR data that includes:

1. The name of the agency.

2. The name of the person requesting.

3. The intended purpose of obtaining the information.
(b) The request is reviewed by the Administration Division Commander or the authorized designee and approved before the request is fulfilled.
(c) The Administration Division Commander or the authorized designee will consider the California Values Act (Government Code § 7282.5; Government Code § 7284.2 et seq), before approving the release of ALPR data. The Monterey Police Department does not permit the sharing of ALPR data gathered by the City or its contractors/subcontractors for purpose of federal immigration enforcement, these federal immigration agencies include Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CPB).
(d) The approved request is retained on file.

Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55). 433.10 TRAINING
The Personnel/IA Sergeant (Training) shall ensure that members receive department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53). That training shall at a minimum review this Automated License Plate Reader (ALPR) Policy.

Council Regular Meeting, 11/21/2023, Item No. 16., Item Page 12, Packet Page 182

Monterey City CouncilNovember 21, 2023

Monterey City Council
November 21, 2023