Agenda packet — Monterey City Council, January 16, 2024 (part 2 of 2)

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 10., Item Page 8, Packet Page 116 Council
Agenda Report
№08/22
FROM: Andrea Renny, PE, PTOE, Public Works Director
Prepared By: Marissa Garcia, Engineering Assistant
SUBJECT: Award a Professional Services Agreement in the Amount of $249,983.86 to Kimley-Horn and Associates, Inc. for the Development of the Local Road Safety Plan ***CIP*** (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt the attached resolution:
1) Awarding a Professional Services Agreement for the Local Road Safety Plan to Kimley-Horn and Associates, Inc. in the amount not-to-exceed of $249,983.86; 2) Authorizing the City Manager or their designee to execute the Professional Services Agreement in a form approved by the City Attorney; and
3) Authorizing the Finance Director to transfer $50,000 in Measure X funds from the Identified Safety Projects Account (CIP 35C1851) to Local Road Safety Plan Grant Account (cip2413).

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.

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

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 City Council policies to accept funding for transportation projects, which support City Council’s Value Drivers and strategic priorities of fiscal stewardship, active mobility, and quality of life.

FISCAL IMPLICATIONS:

The City was awarded $200,000 of competitive Action Planning Grant Funds from the Safe Streets and Roads for All (SS4A) Grant Program to prepare a Local Road Safety Plan. A local match of at least 20% is required for the SS4A grant program. This action transfers $50,000 in Measure X funds from the Identified Safety Projects Account (CIP 35C1851). $49,983.86 will Date: 1/16/2024
Item No.: 11.

Council Regular Meeting, 1/16/2024, Item No. 11., Item Page 1, Packet Page 117 be used as local matching funds for the professional service agreement and the remaining funds will be budgeted for staff time. There is sufficient funding available for this action.

Local Road Safety Plan Grant Account (CIP2413):

Safe Streets and Roads for All (SS4A) Grant Funds $200,000 Transfer from Identified Safety Projects Account (35C1851) $50,000 Total Available Budget $300,000
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 may choose not to award a professional services agreement Kimley-Horn and Associates, Inc. to develop the plan. However, Kimley-Horn and Associates, Inc. was recommended for award following a qualification-based selection process, and awarding to another firm based on differing criteria could be a violation of the Brooks Act, a federal law also known as the Selection of Architects and Engineers statute. This federal law requires that engineering and architecture firms be selected based on competency, qualifications, and experience. Additionally, the City Council may choose not to award a professional services agreement to any firms, but this would jeopardize the City’s ability to meet the Safe Streets and Roads for All (SS4A) Grant Program deadlines, which could ultimately force the City to forfeit grant funding.

DISCUSSION:

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

Council Regular Meeting, 1/16/2024, Item No. 11., Item Page 2, Packet Page 118 The SS4A Action Planning Grant will support the City’s development of a Local Road Safety Plan (LRSP). A Local Road Safety Plan is a plan that provides the framework for identifying, analyzing, and prioritizing roadway safety improvements on local roads.

The purpose of the Local Road Safety Plan is to provide a comprehensive understanding of Citywide collision patterns with considerations for all road users; identify data-driven countermeasures that are short, medium, and long-term, in addition to low-cost, systemic countermeasures; and use data-driven engagement with the public and stakeholders on the state of transportation safety. This community-led, data-driven approach will make findings and develop actionable implementation items to improve local road safety. Once developed, the Local Road Safety Plan will ultimately be presented to City Council for adoption as a strategic planning document.

Vision Zero Monterey
In 2017, the City of Monterey established itself as a Vision Zero city and adopted its first Vision Zero Plan. In 2021, the City integrated the Vision Zero Plan into Chapter 8 of the Multimodal Plan. This was done to make Move Monterey, the City’s Multimodal Plan, a single comprehensive plan that has the City’s established guidance on project and infrastructure design elements for the public, City Staff, and developers when making improvements in the City Right-of-Way. The Multimodal Plan did not include a detailed analysis of collision trends or identify appropriate countermeasures based on an analysis of collision trends.

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

Future Funding Opportunities
The creation and adoption of a Local Road Safety Plan, through the SS4A action planning grant process, will provide future grant funding opportunities from the SS4A Implementation Planning Grant Program and future cycles of the Highway Safety Improvement Program (HSIP). The HSIP program is a core federal-aid program for the purpose of achieving a significant reduction in fatalities and serious injuries on all public roads. Future cycles of HSIP funding require that any project proposed be included in a Local Road Safety Plan or equivalent Plan. Without an adopted Local Road Safety Plan, the City would not be eligible for either grant programs.

The selection of the most qualified firm was made in accordance with Section 28-30 of the City’s Purchasing Ordinance, and the Brooks Act. A Request for Proposal was prepared by staff and extensively advertised on November 8, 2023, to solicit proposals from qualified firms. On December 6, 2023, 5 (five) proposals were received, evaluated, and ranked by a selection committee consisting of Engineering staff, Planning staff, and a partner from the Transportation Agency for Monterey County (TAMC). The committee consensus was that Kimley-Horn and Associates, Inc. had the best qualifications, experience, project team, and approach for the development of this plan.

Kimley-Horn and Associates, Inc., recently completed similar Local Road Safety Plans for agencies in California. The consultant has an extensive list of clients and representative projects that closely match the needs of this plan. The proposed Professional Services Agreements will be managed by the Engineering Division.

Council Regular Meeting, 1/16/2024, Item No. 11., Item Page 3, Packet Page 119 Therefore, Staff recommends that the City Council:

1. Awarding a Professional Services Agreement for the development of the Local Road Safety Plan to Kimley-Horn and Associates, Inc. in the not-to-exceed amount of $249,983,86;

2. Authorizing the City Manager or their designee, to execute the Professional Services Agreement in a form approved by the City Attorney; and

3. Authorizing the Finance Director to transfer $50,000 in Measure X funds from the Identified Safety Projects Account (35C1851) to Local Road Safety Plan Grant Account (CIP2413).
[MG/ss]
Attachments: 1. Resolution
e: Steve Pyburn, Federal Highway Administration
Darryl dePencier, Kimley-Horn and Associates, Inc.

Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 1/16/2024, Item No. 11., Item Page 4, Packet Page 120 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
AWARD A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $249,983.86 TO KIMLEY-HORN AND ASSOCIATES, INC. FOR THE DEVELOPMENT OF THE LOCAL ROAD SAFETY PLAN ***CIP***
WHEREAS, the Safe Streets for All Program was established by the US Legislature in the HR 3684 Infrastructure Investment and Jobs Act, also known as Bipartisan Infrastructure Law, to fund local initiatives through grants to prevent roadway deaths and serious injuries; WHEREAS, the City of Monterey was awarded an Action Planning Grant for the purpose of developing a Local Road Safety Plan;
WHEREAS, sufficient funding will be available in the Local Road Safety Project Account (CIP2413);
WHEREAS, a request for proposal was prepared by staff and extensively advertised on November 8, 2023 to solicit proposals from qualified firms; WHEREAS, selection of the best-qualified firm was made in accordance with Section 28- 30 of the City’s Purchasing Ordinance and the Brooks Act (federal law); WHEREAS, on December 6, 2023, five (5) proposals were received, evaluated and ranked by a selection committee, consisting of Engineering and Planning staff, and Transportation Agency for Monterey County (TAMC);
WHEREAS, the selection committee concluded that Kimley Horn and Associates was the most qualified firm for this project;
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

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

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.

Council Regular Meeting, 1/16/2024, Item No. 11., Item Page 5, Packet Page 121 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY it hereby:

1. Awards a Professional Services Agreement for the Local Road Safety Plan to Kimley-Horn and Associates, Inc. in the not-to-exceed amount of $249,983.86;

2. Authorizes the City Manager or their designee to execute the Professional Services Agreement in a form approved by the City Attorney; and

3. Authorizing the Finance Director to transfer $50,000 in Measure X funds from the Identified Safety Projects Account (35C1851) to Local Road Safety Plan Grant Account (CIP2413).

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, 1/16/2024, Item No. 11., Item Page 6, Packet Page 122 Council
Agenda Report
№07/19
FROM: Hans Uslar, City Manager
SUBJECT: Appropriation of $25,000 from Unassigned Fund Balance to the Monterey Peninsula Nanao Friendship Association (MPNFA) (Not a project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) RECOMMENDATION:

Staff recommends that the City Council appropriate $25,000 from unassigned fund balance to the Monterey Peninsula Nanao Friendship Association (MPNAFA).

VALUE DRIVERS:

POLICY IMPLICATIONS:

The City of Monterey’s contribution to the MPNFA supports the community’s longstanding sister city partnership of over 28 years including youth, cultural, and educational partnerships.

FISCAL IMPLICATIONS:

This action would appropriate $25,000 from unassigned fund balance. The proposed donation to MPNAFA benefits the following local purposes of the City of Monterey: Fostering sister city relationships has the potential to generate and promote cultural understanding, promoting tourism, economic investment, and educational exchanges on all levels 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 appropriate these funds to the MPNFA.

Date: 1/16/2024
Item No.: 12.

Council Regular Meeting, 1/16/2024, Item No. 12., Item Page 1, Packet Page 123 DISCUSSION:

In 1995, the City of Monterey formed a sister city relationship with Nanao, Japan. The MPNFA launched for purposes of developing economic, cultural and technical exchanges between Monterey and Nanao. In the face of the 7.6 magnitude earthquake that struck western Japan’s Noto Peninsula and Monterey’s sister city, Nanao, during the afternoon of January 1, 2024, City staff recommends supporting MPNFA’s cultural exchange efforts.

As of January 5, 2024, the death toll rose to 92, and over 250 were reported missing1. Many Monterey residents have visited Nanao over the years, including with the Junior Wings Program middle school student exchange, and many of the friendships between the residents of the two cities are lifelong.

As recently as September 2023, Mayor Yoshitaka Chatani from Nanao, Japan visited with a delegation of eight to celebrate 28 years of sister cityhood, and to support and enjoy the Monterey Jazz Festival. Also attending the welcome reception, Mr. Hajime Kishimori, Acting Consul General, Consulate General of Japan in San Francisco. MPNFA members over the years, through individuals, service clubs, and companies in Monterey, to promote effective sister city exchanges that focus on arts and culture (both Monterey Jazz Festivals), youth and education (the highly successful Junior Wings program), business and trade (hospitality), and community development (Fisherman’s Wharf). Both Mayor Williamson and Mayor Chatani enjoyed the collaboration, discussion, and enhanced the ties that have bonded the two cities for over three decades.

The MPNFA has been a longtime partner of the City of Monterey in its efforts to promote these cultural and governmental exchanges. Our relationship with our sister city has been exemplary and strong. Over the years, exchanges between our communities became an important element of Monterey’s official international relationships and MPFNA has been a trusted promoter of many activities.

To further and strengthen our sister city relationship, staff recommends that the City Council authorize the appropriation of $25,000 from unassigned fund balance to support MPNFA’s activities. As part of this appropriation, MPFNA will be required to submit by 12/31 an annual report to the City’s Finance Director documenting the expenses of the $25,000.

Attachments: 1. Resolution
Writings distributed for discussion or consideration on this agenda item, pursuant to Government Code § 54957.5, are posted at https://monterey.org/Submitted-Comments within 72 hours of the meeting.
1 BBC News. (2024, January 5). Japan earthquake: Nearly 250 missing as hope for survivors fades. BBC News. https://www.bbc.com/news/world-asia-67889216
Council Regular Meeting, 1/16/2024, Item No. 12., Item Page 2, Packet Page 124 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№06/11
APPROPRIATING $25,000 FROM UNASSIGNED FUND BALANCE TO THE PENINSULA

NANAO FRIENDSHIP ASSOCIATION (MPNFA)
WHEREAS, the Monterey-Nanao relationship dates back to 1986, when a group from Nanao first visited Monterey to study the city’s economic drivers. Like Monterey, Nanao is a coastal community that repositioned itself as a tourist destination after its fishing industry diminished. Several delegations visited California in the following years, and local Rotary clubs and non-profit organizations got involved in hosting and leading presentations; WHEREAS, the City of Monterey passed Resolution 95-140 authorizing the formation of a sister city relationship with Nanao, Ishikawa Prefecture, Japan; WHEREAS, the sister city relationship with Nanao has supported residents and businesses in the City and Nanao through economic development, tourism, education, municipal exchanges, business development, and cultural exchanges; WHEREAS, a 2015 report by Sister Cities International that studied the economic benefits of sister city relationships in the United States and their impact on the global economy found that sister city programs contribute over $625 million to the United States economy each year;
WHEREAS, over the years, the Monterey Peninsula Nanao Friendship Association (MPNFA), through individuals, service clubs, and organizations in Monterey, have fostered effective sister city exchanges that focus on arts and culture (both Monterey Jazz Festivals), youth and education (the highly successful Junior Wings program), business and trade (hospitality), and community development (Fisherman’s Wharf); WHEREAS, a 7.6 magnitude earthquake struck western Japan’s Noto Peninsula during the afternoon of January 1, 2024, crumbling homes, triggering a tsunami, and cutting off remote communities. The City of Monterey’s longtime sister city, Nanao, Japan, is located on the Noto Peninsula and is only 35 miles from the epicenter of the disaster. As of January 5, 2024, the death toll rose to 92, and over 250 were reported missing; WHEREAS, especially during this time of crisis in Nanao, the City of Monterey’s contribution to the Monterey Peninsula Nanao Friendship Association would further and strengthen the community’s longstanding sister city partnership of over 28 years including youth, cultural, and educational partnerships;
WHEREAS, this donation to MPNAFA is beneficial to the residents and businesses in the City of Monterey because it fosters the continued relationship with Nanao and the continued exchange of economic and cultural data exchange for continuous growth and expansion of economic benefits to coastal communities.; 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 Council Regular Meeting, 1/16/2024, Item No. 12., Item Page 3, Packet Page 125 2 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.

1. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY, the foregoing recitals are true and correct and are incorporated herein by this reference.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY, that it hereby appropriates a one-time allocation of $25,000 from unassigned fund balance to the Monterey Peninsula Nanao Friendship Association and requires the Monterey Peninsula Nanao Friendship Association to document the expenditures of those $25,000. These reports shall be submitted by 12/31 each calendar year until funding has been depleted.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this __day of ________ 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST: ___________________________
Mayor of Said City
__________________________
City Clerk thereof
Council Regular Meeting, 1/16/2024, Item No. 12., Item Page 4, Packet Page 126 Council
Agenda Report
№08/22
FROM: Andrea Renny, PE, P.T.O.E, Public Works Director
Prepared By: Marissa Garcia, Engineering Assistant
SUBJECT: Authorize the Mayor to Sign a Letter on Behalf of the City Council Supporting the Application by the Transportation Agency for Monterey County (TAMC) to the California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant for the Monterey County 2025 Active Transportation Plan and Level of Traffic Stress Analysis (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council authorize the Mayor to sign a letter on behalf of the City Council supporting the Application by the Transportation Agency for Monterey County (TAMC) to the California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant for the Monterey County 2025 Active Transportation Plan and Level of Traffic Stress Analysis.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

The grant application for the 2025 Active Transportation Plan and Level of Traffic Stress Analysis submitted by the Transportation Agency for Monterey County (TAMC) would support regional efforts to improve transportation safety and access for people of all modes and abilities.

FISCAL IMPLICATIONS:

There are no fiscal implications with the City Council authorizing the Mayor to sign this Letter of Support.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 1/16/2024, Item No. 13., Item Page 1, Packet Page 127 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 support this letter.

DISCUSSION:

When the California Legislature adopted SB 1, the Road Repair and Accountability Act of 2017, it established the Sustainable Transportation Planning Grant Program to support the California Department of Transportation’s (Caltrans) Mission to, “provide a safe and reliable transportation network that serves all people and respects the environment.” The Sustainable Transportation Planning Grant program funds planning efforts focused on sustainable transportation. . The Transportation Agency for Monterey County (TAMC) is applying for the FY24-25 grant funding cycle for the Sustainable Transportation Planning Grant. The City of Monterey was awarded a grant from the same program, which supported the City’s effort to establish Vehicle Miles Traveled (VMT) metrics and update the City’s Multimodal Plan, Move Monterey.

The Sustainable Transportation Planning Grant will support the TAMC’s development of a regional Active Transportation Plan and Level of Traffic Stress Analysis for Monterey County.

This project will update the Agency’s adopted 2018 Active Transportation Plan and incorporate a countywide assessment of bicycle and pedestrian level of traffic stress that will reduce any obscurity on how to improve bicycling and walking by using a data-driven approach to inform a project list of high benefit-to-cost ratio projects and produce a low-stress bicycle and pedestrian interactive map in ArcGIS, a software service platform for mapping.

The City of Monterey supports TAMC’s application for an Active Transportation Plan and Level of Traffic Stress Analysis to reduce greenhouse-gas emissions by reducing traffic congestion and promoting walking and biking for residents and visitors of Monterey County.

This letter would be signed by the Mayor on behalf of the City Council and addressed to Todd Muck, the Executive Director of the Transportation Agency for Monterey County.

MG/xx
Attachments: 1. Draft Letter of Support
e: Janneke Strause, Transportation Agency for Monterey County 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, 1/16/2024, Item No. 13., Item Page 2, Packet Page 128 ATTACHMENT 1
CITY HALL • MONTEREY • CALIFORNIA • 93940 • 831.646.3760 Website • www.monterey.org
January 16, 2024
Todd A. Muck
Executive Director
Transportation Agency for Monterey County
55 B Plaza Circle
Salinas, CA 93901
Subject: Letter of Support for the 2025 Active Transportation Plan and Level of Traffic Stress Analysis
Dear Mr. Muck:

On behalf of the City of Monterey, I am writing to express our support for the Transportation Agency for Monterey County’s (TAMC) Caltrans Sustainable Transportation Planning Grant for the 2025 Active Transportation Plan and Level of Traffic Stress Analysis proposal. This project will update the Agency’s adopted 2018 Active Transportation Plan and incorporate a countywide assessment of bicycle and pedestrian level of traffic stress that will reduce any obscurity on how to improve bicycling and walking by using a data-driven approach to inform a project list of high benefit-to-cost ratio projects and produce a low-stress bicycle and pedestrian interactive map in ArcGIS.

Whether or not people walk or bike for transportation is heavily influenced by the stresses they encounter on their trip. This proposal aims to produce an update to the Agency’s adopted Active Transportation Plan with project recommendations that will reduce the bicycle and pedestrian level of traffic stress, thereby improving safety and encouraging people to bike and walk. The Plan will also match projects with the most competitive grant programs for each project, while conducting preliminary design and public outreach so local agencies can easily submit State and local grant proposals.

The Plan will meet the goals of the Monterey County Regional Transportation Plan, and the tricounty Sustainable Communities Strategy to reduce greenhouse-gas emissions by reducing traffic congestion and promoting walking and biking for residents in all 12 cities and in unincorporated areas of Monterey County. The Plan also involves coordinating with all 12 cities and the County to integrate future development planning in all phases of project planning and implementation to maintain integration of housing, land use, and transportation planning.

The City of Monterey supports the proposal and looks forward to participating in this project to make our communities safer and more comfortable to bike and walk.

Thank you for your consideration of this proposal.

Sincerely,
Tyller Williamson
Mayor
On behalf of the Monterey City Council
Council Regular Meeting, 1/16/2024, Item No. 13., Item Page 3, Packet Page 129 Council
Agenda Report
FROM: Clementine Bonner Klein, City Clerk
SUBJECT: Receive Mayor’s Recommendation and Appoint Hans Jannasch to the Neighborhood and Community Improvement Program Committee (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061)
RECOMMENDATION:

That the Council receive a recommendation from Mayor Williamson and appoint Hans Jannasch to the Neighborhood and Community Improvement Program Committee as outlined in the “Discussion” section of this report.

VALUE DRIVER:

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

POLICY IMPLICATIONS:

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

FISCAL IMPLICATIONS:

There are no fiscal implications with this action.

ENVIRONMENTAL DETERMINATION:

ALTERNATIVES CONSIDERED:

The Council could take no action or could make an alternate appointment.

Date: 1/16/2024
Item No.: 14.

Council Regular Meeting, 1/16/2024, Item No. 14., Item Page 1, Packet Page 130 DISCUSSION:

Background
The following committee vacancy was duly advertised by the City Clerk’s Office pursuant to the California Maddy Act and the Council’s appointments policy, seeking qualified applications from Monterey residents, with priority review for those applications received by noon on Monday, October 23, 2023:

Neighborhood and Community Improvement Program (NCIP) Committee –Alternate seat representing Monterey Vista neighborhood (vacated October 3, 2023 by the resignation of Jean Rasch)
Qualified applications for the above-listed vacant position were received from the following residents and are attached to this packet (Attachment 1). The City Clerk’s Office confirmed residency requirements using the GIS assessment database.

Candice Aliotti
Eric Ebell
Hans Jannasch
Recommendation
Mayor Williamson reviewed the applications seen in this packet and conducted interviews with each applicant above in accordance with Council policy and gave appropriate attention and time to the process that resulted in the following recommendation. Mayor Williamson is grateful that residents applied, and recommends that the Council make an appointment as follows:

NCIP Committee – Monterey Vista neighborhood representative Hans Jannasch – for a term expiring June 30, 2028
Next Steps
Mr. Jannasch currently serves as the Monterey Vista neighborhood alternate to the NCIP Committee. If he is appointed as the representative, this will vacate the Monterey Vista neighborhood alternate position and the City Clerk’s Office will then advertise the vacancy in accordance with State law and Council policy.

Opportunities abound for Monterey residents to get involved with their City government! One new vacancy on the Parks and Recreation Commission has just been advertised, with priority review for applications received by noon on Monday, January 22, 2024.

In addition, previously advertised seats remain vacant on the Appeals Hearing Board, Building and Housing Appeals Board, Disabled Access Appeals Board, Neighborhood and Community Improvement Program (NCIP) Committee (alternates to the Alta Mesa and Deer Flats neighborhoods), and Parks and Recreation Commission. Applications will continue to be received on an ongoing basis for these roles until the vacancies are filled. Monterey residents are encouraged to learn more and apply for these volunteer positions. Monterey residents interested in receiving notice of board and commission vacancies are encouraged to subscribe to the City’s “Boards and Commissions Interest List.”
Council Regular Meeting, 1/16/2024, Item No. 14., Item Page 2, Packet Page 131 CBK
Attachment: 1. Applications Received

2. Letter received from Monterey Vista Neighborhood Association e: Applicants
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 1/16/2024, Item No. 14., Item Page 3, Packet Page 132 (CONTINUED)

CITY OF MONTEREY APPLICATION

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

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

Residential Address: Monterey, CA 93940*
Email Address:

Business Address: Business Phone:

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

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

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

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

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

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

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

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

DocuSign Envelope ID: 70BD8BE0-500E-4B03-AA67-604F5C5DEEC5 498 Pearl Street Ste1 Monterey
HR 7 Peroperty Management Supervisor
aliotti
831-655-1781
candice
ATTACHMENT 1
Council Regular Meeting, 1/16/2024, Item No. 14., Item Page 4, Packet Page 133 Name:
2 MEASURE P AND S OVERSIGHT COMMITTEE – meets quarterly The Measure P and S Oversight Committee reviews revenues generated by Street Infrastructure Rehabilitation Transactions and Use Tax, and expenditures of those revenues, and reports to the City Council. Members: Five.

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

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

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

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

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

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

DocuSign Envelope ID: 70BD8BE0-500E-4B03-AA67-604F5C5DEEC5 X
I am a born and raised local to Monterey I grew up in Skyline Forest. I graduated from Monterey High in 2001 (as did both my parents) after High School, I went to San Jose State Graduating with a BS in Business in 2006. After college I began working for a property management and real estate company where I still work today in Monterey for 17 great years. I have my notary and signing agent’s license. I have taken continued education courses in managing people, project, real estate, property management, mildew and mold education and more. I also am looking into taking courses on grant writing to enhance my non-profit experience and to be able to do more in the community for and with the charities I am involved in.

In 2012 I bought my house in Peters Gate Monterey Vista where I still live today with my husband, also a Monterey native and our Daughter (9) and Son (7) who love our neighborhood. We love walking to the park, walking our dogs, and enjoying the wildlife in out neighborhood. I love my neighborhood and would love a chance to represent it for the neighborhood and community improvement program committee.

I am the supervisor and in my daily job I deal with clients, residents, city codes, city ordinances and keeping the buildings up to code and ensuring that all our tenants abide by not only our rules but the city ordinances as well. I deal with Rory in code compliance and the health department in my work often to keep our properties up to the standards of the community and city also Thys in the Forestry department. I also, do some project management on constructions jobs for our company. I am familiar with planning, permitting, and all aspects of what it takes for building projects from start to finish including costs. I also am the head of HR at my company and great at working with people to get them motivated and get projects done. In my line of work, I oversee contractors, painters, cleaners, carpenters, 10 managers, and much more. I am very organized, and work focused in anything I am involved with.

I love Monterey and never would live anywhere but here. I have traveled all over the world but there is no place like Monterey, and I am so grateful to have it be my home. I am an advocate for the Police Department, Fire Department, and all Civil servants as they are what keeps our beautiful City thriving, functioning, and progressing forward in what needs to be done year in and year out. I put my love for Monterey in my life as much as possible. I sit on the Board of D candice vega aliotti
X
ATTACHMENT 1
Council Regular Meeting, 1/16/2024, Item No. 14., Item Page 5, Packet Page 134 Council Regular Meeting, 1/16/2024, Item No. 14., Item Page 6, Packet Page 135 (CONTINUED)

CITY OF MONTEREY APPLICATION

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

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

Residential Address: Monterey, CA 93940*
Email Address:

Business Address Business Phone:

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

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

DocuSign Envelope ID: 13CD5C1D-E89E-46FC-8F01-371EB0638485 Educational Consultant
Ebell Eric E
ATTACHMENT 1
Council Regular Meeting, 1/16/2024, Item No. 14., Item Page 7, Packet Page 136 Name:
2 MEASURE P AND S OVERSIGHT COMMITTEE – meets quarterly The Measure P and S Oversight Committee reviews revenues generated by Street Infrastructure Rehabilitation Transactions and Use Tax, and expenditures of those revenues, and reports to the City Council. Members: Five.

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

DocuSign Envelope ID: 13CD5C1D-E89E-46FC-8F01-371EB0638485 Hello,
I am contacting you regarding the Monterey Neighborhood and Community Improvement Program representative vacancy, for the Monterey Vista neighborhood. My passion, professional experience, and skills make me an ideal candidate for this position.

During the 30 years I’ve worked in the field of public education, my singular mission has been to serve communities. As a career educator my skills as a communicator, leader, collaborator, and strategic thinker have served to unify individuals and groups, and to generate creative solutions within complex systems for the benefit of the community I served. As an educational leader and advisor, I was responsible for ensuring that the organization received the resources and training that prepared them to meet the ever-changing needs of students and families; and to use my influence to encourage the community to work collaboratively, that our collective responsibility was to ensure equity and achievement. The perspective I’ve gained through a lifetime of service, is that individuals and families deserve access to all that our community has to offer, including facilities, infrastructure, and the safety of our neighborhood. Therefore, combined with my passion to serve our neighborhood, my experience as a leader and facilitator; along with my skills as a communicator, listener, and project manager, make me well-suited for a role with the Monterey Neighborhood, Community, and Improvement Program.

Thank you for the opportunity to apply. If you have questions, or would like to schedule an interview, please contact me at or
Sincerely,
Eric Ebell
Monterey, CA 93940
Eric Ebell
X
X
ATTACHMENT 1
Council Regular Meeting, 1/16/2024, Item No. 14., Item Page 8, Packet Page 137 Council Regular Meeting, 1/16/2024, Item No. 14., Item Page 9, Packet Page 138 Cell: Email: Twitter: @Mysterybell LinkedIn: linkedin.com/in/ericebell Eric E. Ebell
Summary Leader, consultant, coach, advisor, and provider of high-quality professional learning experiences, for individuals and teams.

Professional
Experience
Educational Consultant/Contractor Santa Clara County Office of Education (2020-Present)
Leading and Project Management: Currently advising and collaborating with leadership to develop and implement a high-quality coaching and certification program for new teachers and administrators; constructing innovative learning experiences for new teachers and interns; conducting a research study to identify the impact of coaching on teacher practice.

Project Manager/Instructional Coach Houghton Mifflin Harcourt (2018-2022) Leading: Developed strategic plans with district leaders for implementation of products and associated services; consulted with teams to develop long-range schedule for training and coaching days; supervising colleagues’ growth through further development of skills. Served on teams to develop or identify resources to further support customers.

Coaching and Project Management: Delivered 130+ personalized professional learning experiences for teachers and administrators per year, in a face-to-face and web-based format; Mediated individual and team growth for the implementation of purchased products; customized for clients a scope and sequence of learning days for on-going training and coaching services, spanning multiple years; analyzed data, generated goals, initiated plans, and monitored growth with teachers, through learning-focused discussions.

Program Advisor Cupertino Union School District (2006-2018) Leading: Used data and stakeholder input, monitored and upgraded the newly re-developed, coaching centered, teacher induction program, ensured compliance with and reporting of state requirements for recommending clearing of teacher credentials; report regularly to the CUSD Induction Steering Committee, an advisory team of stakeholders.

Coaching and Project Management: Maintained learning-focused supervisory coaching role with new teachers; facilitated, monitored and documented measurable growth toward mastery of the California Standards for the Teaching Profession; ensured completion of program requirements, with defensible evidence that supports recommendation for the Clear Credentials; developed and implemented a coaching-based intervention system for Peer Assistance & Review ( PAR) to support struggling teachers, through comprehensive case management, goal setting, data analysis, and reflection.

Classroom Teacher Cupertino Union School District (1996-2006) Planned instruction, assessed learning, identified and developed supplements to district provided curriculum in grades 2-5; piloted new language arts curriculum, served as school representative on Language Arts Lead Teacher Network, charter member of Site Leadership Team.

Highlights 25 years teaching experience
17 years coaching/project management
1000 + teachers coached and/or trained
Teacher of the Year 1999
Recipient PCDay2 Technology Grant
Leadership Scholarship National University
Education Bachelors Degree
Teaching Credential
California State University, Fresno
UC Davis/National University
June 1990
January 1996
DocuSign Envelope ID: 13CD5C1D-E89E-46FC-8F01-371EB0638485 ATTACHMENT 1
Council Regular Meeting, 1/16/2024, Item No. 14., Item Page 10, Packet Page 139 Eric E. Ebell
Cell: Email: Twitter: @Mysterybell LinkedIn: linkedin.com/in/ericebell Hello,
I am contac-ng you regarding the Monterey Neighborhood and Community Improvement Program representa-ve vacancy, for the Monterey Vista neighborhood. My passion, professional experience, and skills make me an ideal candidate for this posi-on.

During the 30 years I’ve worked in the field of public educa-on, my singular mission has been to serve communi-es. As a career educator my skills as a communicator, leader, collaborator, and strategic thinker have served to unify individuals and groups, and to generate crea-ve solu-ons within complex systems for the benefit of the community I served. As an educa-onal leader and advisor, I was responsible for ensuring that the organiza-on received the resources and training that prepared them to meet the ever-changing needs of students and families; and to use my influence to encourage the community to work collabora-vely, that our collec-ve responsibility was to ensure equity and achievement. The perspec-ve I’ve gained through a life-me of service, is that individuals and families deserve access to all that our community has to offer, including facili-es, infrastructure, and the safety of our neighborhood. Therefore, combined with my passion to serve our neighborhood, my experience as a leader and facilitator; along with my skills as a communicator, listener, and project manager, make me well-suited for a role with the Monterey Neighborhood, Community, and Improvement Program.

Thank you for the opportunity to apply. If you have questions, or would like to schedule an interview, please contact me at or
Sincerely,
Eric Ebell
Monterey, CA 93940
DocuSign Envelope ID: 13CD5C1D-E89E-46FC-8F01-371EB0638485 ATTACHMENT 1
Council Regular Meeting, 1/16/2024, Item No. 14., Item Page 11, Packet Page 140 (CONTINUED)

CITY OF MONTEREY APPLICATION

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

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

Residential Address: Monterey, CA 93940*
Email Address:

Business Address: Business Phone:

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

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

DocuSign Envelope ID: 4FBC5C7B-4D95-472F-BC0D-96B7BE682E66 N.A
(msg)
Retired/self-employed Oceanographer
Jannasch Hans W
N.A
ATTACHMENT 1
Council Regular Meeting, 1/16/2024, Item No. 14., Item Page 12, Packet Page 141 Name:
2 MEASURE P AND S OVERSIGHT COMMITTEE – meets quarterly The Measure P and S Oversight Committee reviews revenues generated by Street Infrastructure Rehabilitation Transactions and Use Tax, and expenditures of those revenues, and reports to the City Council. Members: Five.

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

DocuSign Envelope ID: 4FBC5C7B-4D95-472F-BC0D-96B7BE682E66 X
X
I have been a resident of Monterey Vista since 1992 and have actively been involved in the community since joining the Board of MVNA in 1993. I have served as Alternate and Representative on the NIP and NCIP Committees for at least 15 years now and appreciate the program and its benefits to our wonderful City.

Being one of the larger neighborhoods, it takes more than one person's effort to properly deal with all the submitted projects within Monterey Vista. With Jean Rasch stepping back, I am willing to return to the Dias (if chosen) and help get others up to speed on what it takes. Our neighborhood greatly appreciates John Sovereign's willingness to step up, and we look forward to working together as a team.

Regards,
Hans
Hans Jannasch
ATTACHMENT 1
Council Regular Meeting, 1/16/2024, Item No. 14., Item Page 13, Packet Page 142 Council Regular Meeting, 1/16/2024, Item No. 14., Item Page 14, Packet Page 143 t
Wr*{rT*r^ *y Vr rf,ni iu *16 h h: * r***r3 &mru*xsmti r: ru Monterey, CA 93940
H'eb: mcnte'eyuisteneighborhood.org Ernail: mvneighhrhood,Bgnail,eonr October 2,2023
To Mayor Williamson:

MVNA announces to you the resignation from NCIP of Jean Rasch.

At the recent annual meeting of MVNA, the community endorsed Hans Jannasch as NCIP lead and John Sovereign as alternate. Hans is well known to NCIP and presumptively moves to lead from current alternate without much administrative detail. We ask that, as you deliberate the appointment of our new alternate, you prioritize the wishes of the Monterey Vista Neighborhood Association.
.lohn grew up in the neighborhood and is a graduate of Monterey High, class of '78. He returned to his hometown 5 years ago, after living and building software in the SF Bay Area. John is passionate about public art and maintains the Granizo mural fan page at http://monterey.murally.us. Last year, his family sponsored a mural at the Monterey Public Library in tribute to his mother, Barbara, a reading specialist in the local schools. John also likes to play pickleball at Via Paraiso Park and played a key role in mediating the controversy there.

Since 2020, he has been actively engaged in the MVNA board, NCIP and other community meetings, promoting public art and sport, including building public pickleball courts at Ryan Ranch Park.

John was unanimously approved by the MVNA as a board member and unanimously supported by the community as the NCIP alternate at our recent election.

Pending his application and your consideration of all applicants, MVNA hopes you support our endorsed candidate.

Thank you for your consideration.
t- \
,!
Jean Rasch, President
ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 14., Item Page 15, Packet Page 144 Community Services District
Agenda Report
№06/11
FROM: Christine Davi, City Attorney
SUBJECT: Receive Ocean View Community Services District Quarterly Report (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5, Section 15061)
RECOMMENDATION:

That the Community Services District Board of Directors receive a report on the Ocean View Community Services District.

ENVIRONMENTAL DETERMINATION:

DISCUSSION:

The City of Monterey approved the Ocean View Plaza Project (“Project”) located at 457, 465, 470, 484, 565, and 570 Cannery Row in June 2004. Subsequently, the City of Monterey requested that the Local Agency Formation Commission (LAFCO) review the establishment of a Community Services District (CSD) for the project site that would own, operate, and maintain the proposed desalination plant once constructed. This CSD was formed pursuant to Community Services District Law (Government Code section 61000 et seq.,) to own and operate a desalination plant to provide residential and commercial water to the Project.

LAFCO adopted Resolution No. 05-27 on December 27, 2005, approving the formation of this CSD. The Monterey City Council was subsequently appointed as the District Board and must meet quarterly according to requirements of Government Code section 61044.

In November 2019, the California Coastal Commission denied requests for coastal development permit extensions. The Coastal Commission voted that there were changed circumstances from its original coastal development permit issued in 2008 related to water supply and coastal hazards/sea level rise.

Date: 1/16/2024
Item No.: 15.

Council Regular Meeting, 1/16/2024, Item No. 15., Item Page 1, Packet Page 145 In January 2020, Ruby Falls Fund, LLC, sued the Coastal Commission over its denial of the permit extension request as described in Monterey County Superior Court Case No. 20CV000165. That action was stayed pending resolution of the appeals in related litigation regarding the ownership of the property. Canrow Owner, LLC was the holder of the first deed of trust that was in default. Aqualegacy Development, LLC was the successful bidder at the foreclosure sale held under the second deed of trust. Canrow held a foreclosure sale under the first deed of trust without notifying AquaLegacy, and obtained the property with a credit bid.

Canrow sold the property to Ruby Falls Fund, LLC. On May 1, 2023, in an unpublished decision in the Sixth District Court of Appeal, Case Nos. H048978, H049062, H049160, and H049368, the court ruled that the trial court erred in ruling that Canrow Owner, LLC’s foreclosure was wrongful, among other things. In other words, Ruby Falls Fund, LLC is the property owner.

On August 16, 2023, the Monterey County Superior Court lifted the stay in the action against the Coastal Commission.

The City originally approved the vesting tentative map for the project on June 1, 2004. The map approval has been extended by operation of law to June 1, 2025, and may be further tolled. cc: Save Our Waterfront, 781 Terry Street, Monterey, CA 93940 Cannery Row Association
LAFCO of Monterey County – Local Agency Formation Commission, POB 1369, Salinas, CA 93902
New Monterey Neighborhood Association
David Balch, Esq.

Anne Mudge, Esq.

Neill Bower, Esq.

Paul James Beard, Esq.

Stephanie Lai, Esq.

Aaron Gruber, Esq.

Dylan Crosby, Esq.

Bob Faulis
William Coffee, Esq.

David Bowie, Esq.

Monterey City CouncilJanuary 16, 2024

Monterey City Council
January 16, 2024