Agenda packet — Monterey City Council, January 16, 2024 (part 1 of 2)

Council Chamber,
580 Pacific St.

Monterey, California
City Council Agenda
Council Regular Meeting
Tuesday, January 16, 2024
4:00 PM – 6:00 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. 1/16/2024 4:00:00 PM
2 ***Afternoon Session Agenda ***
4:00 - 6:00 p.m.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

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

1. December 5, 2023 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)

2. December 15, 2023 Special Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Award of Construction Contracts

3. Award a Job Order Contract for Elevator/Escalator Maintenance and Repair for Intergovernmental Support Agreement Projects in the Amount of $1,000,000.00 to Kone, 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 ***

4. Award a Job Order Contract for Elevator/Escalator Maintenance and Repairs for City Projects in the Amount of $1,000,000.00 to Kone, Inc. (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ***CIP/NCIP***

5. Award Professional Services Agreement to Schaaf & Wheeler, Consulting Civil Engineers in the Amount of $377,470 for Stormwater Diversion-To-Sewer Infrastructure Projects Design Services in the City of Monterey ***CIP *** (Exempt from CEQA, Article 19, Section 15306, Class 6)
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.

6. 2nd Reading of an Ordinance Amending Chapter 38 of the City of Monterey Code Related to Visitor Accommodation Facility Parking Standards (38-36A), Off-Street Parking and Loading Spaces (38-115), Offstreet Parking and Loading Standards (38-115) and reduced Parking for Other Uses (38-117) (CEQA: Environmental Impact Report certified)
1/16/2024 4:00:00 PM
3 7. 2nd Reading of an Ordinance - Cannabis Business Ordinance Update (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. Authorize the City Manager to Enter into a Funding Agreement with the Monterey Peninsula Water Management District (MPWMD) to Accept a Grant in the Amount of $500,000, Authorize and Designate a Representative for the Olivier Street Stormwater Diversion Project, and Authorize an Increase of FY24 Revenue in the CIP-State Funding Source Fund and Expenditure Appropriation to the Olivier Street Urban Stormwater Diversion Project (CIP2416) in the Capital Projects Fund ***CIP*** (Exempt from CEQA, Article 19, Section 15306, Class 6)

9. Award a Job Order Contract for Landscape Maintenance in the Amount of $250,000 to Town & Country Gardening & Landscaping, Inc. (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

10. Award a Professional Services Agreement in the Amount of $242,500 to Watry Design, Inc. for Building Condition Assessments – Parking Garages ***CIP *** (Exempt from CEQA, Article 19, Section 15306, Class 6)

11. 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)

12. 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) Other

13. 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)

14. 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) *** End of Consent Agenda ***
1/16/2024 4:00:00 PM
4 Adjourn to Ocean View Community Services District Meeting: Consent Agenda This is a separate legal body of the City that oversees the operations of the Ocean View Community Services District desalinization plant. All matters listed under Consent Agenda are routine and will be adopted by one motion unless a member of the CSD or the public requests discussion or a separate vote.

15. Receive Ocean View Community Services District Quarterly Report (Not a Project under CEQA Article 20, Section 15378 and General Rule Article 5, Section 15061) Adjourn to City Council Meeting

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.
*** Adjourn to Closed Session (See additional agenda) *** The City Council will take public comments on closed session items before convening to closed session.

ADJOURNMENT
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 Email: [email protected] Website: 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 1/16/2024 4:00:00 PM
5 More information is available by calling (831) 646-3935

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF MONTEREY
Tuesday, December 5, 2023
4:00 PM 7:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST.

MONTEREY, CALIFORNIA
Councilmembers

Present: Barber, Garcia, Haffa, Smith, Williamson

Absent: None
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Community Development Director, Police Chief, Parks and Recreation Director, Finance Director, Fire Chief, Human Resources Director, Public Works Director, City Clerk, Property Manager, Recreation Manager, Deputy Public Works Director/City Engineer, Building Official, Senior Associate Planner, Planning Manager, Deputy Human Resources Manager, Police Lieutenant, Fire Captains, Fire Engineer, Firefighters, Recreation Supervisor, Recreation Coordinators, Senior Associate Planners, HCD Coordinators, Administrative Assistant (Building), Administrative Assistant (Planning), Retired Annuitant (Planning), Senior Street Maintenance Worker
***Afternoon Session Agenda ***

CALL TO ORDER
Mayor Williamson called the meeting to order at 4:01 p.m.

PRESENTATIONS

1. Recognize City Employees for Milestone Anniversaries and Retirements for 4th Quarter 2023 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Recognized employees
Parks and Recreation Director Larson recognized Rachel Deis, Recreation Coordinator, for 20 years of service; Community Development Director Cole recognized Thane Wilson, Housing and Community Development (HCD) Coordinator, for 20 years of service; and Public Works Director Renny recognized Fred Pagan, Building Maintenance Craftsworker, for his retirement after 27 years of service. HCD Coordinator Wilson and retired Building Maintenance Craftsworker Pagan made brief remarks about their careers.

Public comment was received by Esther Malkin, who congratulated Mr. Pagan for his hard work over the years. The Council congratulated the recognized employees/retirees and thanked them for their service.

GENERAL PUBLIC COMMENTS
Given the number of individuals indicating intent to speak, in order to ensure a full opportunity for public input Mayor Williamson allotted 45 minutes total for public comments on matters not on the agenda. Public comment on non-agendized matters was received from: Tom Rowley; Chandler Roland; Steve Lightfoot; Jhonrico Carr; Ross Pounds; Neal Hurd; Dave Meurer; Date: 1/16/2024
Item No.: 1.

Council Regular Meeting, 1/16/2024, Item No. 1., Item Page 1, Packet Page 6 City Council Minutes December 5, 2023
2 Colleen Pantoja; Zoë Carter; Pete Cohen; Robert Wilkins on behalf of Stewart Roth; Corey McVeigh on behalf of Bobby Flood; Phillip Bezouska; Shay Balesteri; and Sheila Shanahan.

CONSENT AGENDA
A member of the Council pulled Item 3. Public comment on the Consent Agenda was not received.

On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the CONSENT AGENDA except Item 3:

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. November 21, 2023 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Approved
Ordinances

3. 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 and Rental Inventory Ordinance (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. 3676 C.S. (4-1, Councilmember Smith voting no)
Public comment was not received.

On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council adopted Ordinance No. 3676 C.S. 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:

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

4. Authorize Agreement with the City and County of San Francisco to Accept Federal Urban Areas Security Initiative (UASI) Program Grant Funds in the Amount of $195,906 to Purchase a Negotiations Operations Center Vehicle for use by the Monterey Peninsula Regional Special Response Unit Crisis Negotiations Team (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 23-146 C.S.

Council Regular Meeting, 1/16/2024, Item No. 1., Item Page 2, Packet Page 7 City Council Minutes December 5, 2023
3 5. Approve the Memorandum of Understanding (MOU) for the Police Lieutenants’ Management Association (PLMA) for the period of July 1, 2022 through June 30, 2024 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Adopted Resolution No. 23-147 C.S.

6. Amend and Restate Resolution 23-145, the FY 23/24 Salary Schedule, to Include the Temporary / Seasonal Part-Time Reserve Police Officer Position (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Adopted Resolution No. 23-148 C.S.

Other

7. Appoint Councilmember Kim Barber as Vice-Mayor for 2024 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061 Action: Appointed Councilmember Kim Barber as Vice Mayor for the calendar year 2024

8. Reappoint Council Representatives to Outside Agencies and City Committees for 2024 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Reappointed Council representatives for calendar year 2024 to the same roles held in calendar year 2023
*** End of Consent Agenda ***

PUBLIC HEARING

9. Extending Urgency Ordinance No. 3673, the Suspension of the Mills Act Property Tax Reduction Incentive Program for Historic Zoned Properties, for 10 Months and 15 Days Pursuant to Government Code Section 65858 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3677 C.S. (4-1, Councilmember Haffa voting no) Community Development Director Cole gave a verbal staff presentation. Public comment was not received.

The Council requested to learn from staff what properties had been approved for the program, and applied for the program but not approved, and the corresponding subsequent sales records of each property.

A motion was introduced by Councilmember Smith, and seconded by Councilmember Garcia, to adopt Ordinance No. 3676 to Extend Temporary Moratorium Suspending the Mills Act Property Tax Reduction Incentive Program for Historic Zoned Properties for 10 Months and 15 Days.

In disagreement with the motion, it was stated that it was not convincing that there was an urgent need to suspend the program.

The motion passed by the following vote:

AYES: 4 COUNCILMEMBERS: Barber, Garcia, Smith, Williamson NOES: 1 COUNCILMEMBERS: Haffa
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
Council Regular Meeting, 1/16/2024, Item No. 1., Item Page 3, Packet Page 8 City Council Minutes December 5, 2023
4 RECUSED: 0 COUNCILMEMBERS: (None)

PUBLIC APPEARANCE

10. Measure P and S (Special Sales Tax) Annual Report on Conformity with Requirement that Expenditures be Used Exclusively for the Rehabilitation, Repair, and Improvement of City Streets, Sidewalks, and Storm Drains and Disabled Access Improvements (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received report
Finance Director King, Deputy Public Works Director/City Engineer Easterling, and Rick Aldinger, of the Measure P & S Oversight Committee, gave the presentation and answered Councilmembers' questions together with Public Works Director Renny. Councilmember Smith left the Chamber at 5:29 p.m. and returned at 5:31 p.m.

Public comment was received from Jean Rasch, who urged the City to place utilities underground when fully rebuilding a street, and Esther Malkin, who asked for North Fremont to be prioritized for street improvements and said that pedestrian safety needs to be a focus.

The Council discussed the matter. Appreciation was expressed for voters who had voted in favor of Measure P and Measure S. City staff was praised for the hard work that had gone into improving the City through the measures' funding. It was requested to learn from staff whether all of the work would be complete by the end of Measure S in 2027, and to get more information about the practicality of undergrounding utilities.
*** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed session at 5:43 p.m.

RECESS

RECONVENE
The Council reconvened at 7:00 p.m.
*** Evening Session Agenda ***

PLEDGE OF ALLEGIANCE
Councilmember Smith led the Pledge.

GENERAL PUBLIC COMMENTS CONTINUED
Public comment on non-agendized matters was not received.

ANNOUNCEMENTS FROM CLOSED SESSION
Assistant City Manager Rojanasathira announced:
cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: 30 Fisherman’s Wharf
Council Regular Meeting, 1/16/2024, Item No. 1., Item Page 4, Packet Page 9 City Council Minutes December 5, 2023
5 Agency Negotiators: Kimberly Cole and Janna Aldrete
Negotiating Parties: Michael Ungaro (San Pedro Fish Market Company, LLC) Under Negotiation: Price and Terms of Payment for New Lease Agreement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: No reportable action taken
cs2. Conference with Legal Counsel, Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2), (e)(3): In re: Western Sky Produce, LLC (business license tax dispute) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: On a unanimous roll call vote, confidential direction given to legal counsel

PUBLIC APPEARANCE (EVE)

11. Receive Informational Update on the Cannabis Application Process (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Received update
Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions together with Police Chief Hober and Kyle Tankard of SCI Consulting Group. During the presentation Mayor Williamson left the Chamber at 7:19 p.m. and returned at 7:21 p.m.

Public comment was received from Anthony Gonzales, who remarked that it would be difficult in numerous ways not to have a location in mind at the time of application, and Joey Espinoza, who echoed concerns that designing a good security plan would be difficult without a location, and gave kudos to the City staff for running a transparent process. Mayor Williamson left the Chamber at 7:45 p.m. and returned at 7:47 p.m., and Councilmember Smith left the Chamber at 7:56 p.m. and returned at 7:58 p.m.

The Council discussed the matter. Support was expressed for the staff's proposed application process. The Council discussed the proposed lottery for location among the top four ranking applications. An argument was made in favor of the lottery as a way to shield the Council's ad hoc committee of the Mayor and Vice Mayor from getting too much into minutia and potential advocacy from applicants.

12. Amend and Restate Resolution 23-036, Master Fee Schedule to Update Fees for the Community Development Department by Adding Cannabis Retail Application Fees and Rental Inventory Fees, Effective January 5, 2024 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 23-149 C.S. (4-1, Councilmember Smith voting no) Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions.

Public comment was received from Joey Espinoza, who clarified for himself that the cannabis application fees would be charged to applicants in stages as they progressed through approval processes.

Council Regular Meeting, 1/16/2024, Item No. 1., Item Page 5, Packet Page 10 City Council Minutes December 5, 2023
6 On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council adopted Resolution No. 23-149 C.S. to Amend and Restate Resolution 23-036, Master Fee Schedule to Update Fees for the Community Development Department by Adding Cannabis Retail Application Fees and Rental Inventory Fees, Effective January 5, 2024:

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

COUNCIL COMMENTS
Councilmember Haffa said he enjoyed the Cannery Row and City Hall tree lighting ceremonies.

Citing the importance of fire prevention and electric grid security, he said that it would be appropriate to further consider undergrounding utilities as a long term goal, and look at ways to finance undergrounding including the potential of a bond.

Councilmember Smith reflected that 2023 had been a fulfilling and active year for the Council with the help of City staff. He agreed that the Cannery Row tree lighting had been fantastic. He announced upcoming meetings he would attend for Transportation Agency for Monterey County (TAMC) and Monterey-Salinas Transit (MST), and the Monterey County Conventions and Visitors Bureau, now also known as "See Monterey." Missed something at 8:22. He reminded everyone that there would be a special meeting of the City Council on December 15, 2023, and wished everyone a happy season.

Mayor Williamson reported from Monterey One Water regarding phases of the expansion of the advanced water purification facility. He shared that Pure Water Monterey has delivered 4.1 billion gallons pf water since construction. He spoke about the importance of unity and stated his appreciation for working with his colleagues on the Council and for the staff that support the Council. He expressed gratitude for the community and wished everyone happy holidays.

CITY MANAGER REPORTS
City Manager Uslar thanked the Council for their good work this year. He reported that the new bookmobile was finished being built in Ohio and would come to Monterey soon. He noted that the special meeting on December 15, 2023 would be at 2 p.m. He reminded the Council of the boards and commissions reception the next evening. He shared that the tree lighting ceremony had been a huge success with the largest crowd in memory, and shared compliments to First Night Monterey and the Old Monterey Business Association for their efforts.

ADJOURNMENT
The Council adjourned at 8:26 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor
Council Regular Meeting, 1/16/2024, Item No. 1., Item Page 6, Packet Page 11

CITY COUNCIL SPECIAL MEETING

CITY OF MONTEREY
Friday, December 15, 2023
2:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST.

MONTEREY, CALIFORNIA
Councilmembers

Present: Barber, Garcia*, Haffa, Smith

Absent: Williamson
* Attended remotely by teleconference pursuant to Gov. Code sec. 54953(f)(2)(A) due to emergency circumstances
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Community Development Director, Police Chief, Finance Director, City Clerk, Senior Associate Planner, Planning Manager, Senior Engineer
This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act.

CALL TO ORDER
Vice Mayor Haffa called the meeting to order at 2:01 p.m. City Clerk Klein called the roll with the Council present as indicated above.

EMERGENCY CIRCUMSTANCES REMOTE PARTICIPATION REQUEST
Vice Mayor Haffa stated that Councilmember Garcia had requested to participate in the meeting remotely. On question from Vice Mayor Haffa, Councilmember Garcia confirmed that he could hear the meeting proceedings, and gave a brief description of the circumstances relating to his need to appear remotely pursuant to the Brown Act’s "Emergency Circumstances” clause, stating he was caring for an ill relative, who had then passed away. He stated that no one over the age of 18 was present in the room with him during the meeting. Public comment was not received.

On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following roll-call vote, the Council approved Councilmember Garcia’s remote participation request:

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

PUBLIC HEARING

1. Consider Planning Commission Decisions on 2101 North Fremont Street Hotel to Approve (1) Use Permit UP-20-0227 to Demolish an Existing 18-Room Hotel, Restaurant and Parking Lot; and Construct a New 42-Room Hotel and Parking Lot, and Off-Street Loading Space; (2) 1st Reading by Title Only of an Ordinance to Amend Monterey City Code Chapter 38 Related to Visitor Accommodation Facility Parking Standards (38-36A), Offstreet Parking and Loading Standards (38-115) and Reduced Parking for Other Uses (38-117); (3) Adopt a Resolution Amending the North Fremont Specific Plan with Clarifying Applicability Language; (4) Certify Date: 1/16/2024
Item No.: 2.

Council Regular Meeting, 1/16/2024, Item No. 2., Item Page 1, Packet Page 12 City Council Minutes December 15, 2023
2 Environmental Impact Report prepared for project in accordance with CEQA Article 7, Section 15090; Visitor Accommodation Facility Zoning District, Commercial General Plan Land Use Designation; and any appeals of decisions of the Planning Commission thereto.

Action: Adopted Resolution Nos. 23-150 C.S. (as amended to add a special condition of approval requiring a policy for peak hour parking conflicts and denying any and all appeals of decisions of the Planning Commission thereto), 23-151 C.S., and 23-152 C.S., and introduced by title only, waived full reading, and passed to print the draft Ordinance (4-0-1, Mayor Williamson absent)
City Manager Uslar gave a verbal introduction, gave an example from another part of town that he said showed that dilapidated properties must be updated and that commercial areas must be invested in, and that the resulting revenues better served taxpayers. He provided background information on Visitor Accommodation Facilities (VAF) zoning and explained that the zoning for this purpose came about as the result of a late 1980s Charter amendment. He said that the City's General Plan specifically addressed the issue of hotels and encouraged adding additional hotel rooms within the limits of VAF zoning in order to increase Transient Occupancy Tax (TOT). He explained that the North Fremont Specific Plan was a tool that helped to implement the goals, policies, and objectives of the General Plan. He said that in his opinion the City needed this project in order to compete with hotel projects being completed in neighboring cities. He said that in the North Fremont Business District hotels were the single most dominant use: 17 hotels with 690 rooms. He said that most of the hotels had budget-to-medium designs and rates and were developed when Fremont Street was the main highway into Monterey. He said that staff's assessment was that this project was needed at a time when there was not a lot of investment into many of the other outdated hotels in the area. He said that this project would hopefully incentivize other developments in the district, and was the single most important project coming to the Council in the current year and perhaps for some time into the future.

Planning Manager Hill then gave the staff presentation providing details on the staff's recommendations to certify the Environmental Impact Report (EIR), approve text amendments to the Zoning Code, approve an amendment to the North Fremont Specific Plan, and approve the Use Permit for the hotel and reduced loading space requirement. He answered Councilmembers' questions with input from City Manager Uslar, City Attorney Davi, and Community Development Director Cole. Councilmember Smith left the Chamber at 2:54 p.m. and returned at 2:55 p.m.

The applicant was given ten (10) minutes to present on the project. On behalf of the project applicant, Tony Lombardo, of Anthony Lombardo & Associates, argued in favor of project approval. He complimented City staff for their work over the previous three years, and the prior two years in particular, to address what he called an unfortunate result of the ability to use the California Environmental Quality Act (CEQA) as a weapon in opposition to properties being developed. He stated that the project site was about half (1/2) an acre in size. He said that under California law, urban sites up to five (5) acres would normally be allowed to proceed based on a categorical exemption, with no environmental analysis allowed due to the urban nature and zoning consistency of the project. He said that between the City and the applicant, over a quarter of a million dollars had been spent over the prior two years to prepare a very thorough and adequate EIR, which he said reached the same conclusions that the City had reached in 2020 when the project was applied for: that there were no significant, unmitigable environmental impacts resulting from the project, and that it should be approved as being consistent with the VAF zoning and the neighborhood policies and plans. He said that, as he had stated in the letter that he sent the day before, there had been a determined effort to mischaracterize the project by the project opponent, and to create controversy online including making incorrect statements about the project, City staff, and City staff's interpretation of the code. He said that these statements were not true and were in his opinion an attempt to create Council Regular Meeting, 1/16/2024, Item No. 2., Item Page 2, Packet Page 13 City Council Minutes December 15, 2023
3 controversy and criticize City staff's actions unfairly. He said that the Planning Commission had approved the matter unanimously on two occasions, originally in 2021 and then again in the prior month of 2023. He said that pedestrian access was being improved because on North Fremont Street there were currently two driveways and this would be reduced to one. He said that as City staff had mentioned, because of existing utility infrastructure there was currently limited access on the sidewalk, which he said would be improved because the building would provide additional pedestrian access on the property side. He said that traffic impacts were analyzed thoroughly and that it had been determined that it would not significantly impact traffic, and that because there would be a second entrance onto Casa Verde, traffic exiting the facility would not have to enter North Fremont Street. He said that it would be possible to turn right from the hotel to get to Highway One without coming out onto North Fremont Street, which he indicated might improve traffic flow on North Fremont. He said it was not yet known whether it would be a left in or left out only, and that the City Traffic Engineer would make that determination, but that based on the analysis in the EIR he suspected it would not be necessary.

Mr. Lombardo continued to address the Council on behalf of the project applicant. He said that the applicant had attempted to satisfy the next-door neighbor who opposed the project, and had agreed to build a sound wall in order to address the neighbor's request even though the EIR said it was not necessary. He said that the project applicant had agreed at two Planning Commission meetings to extend the sound wall in order to address the neighbor's request even though the EIR said it was not necessary. He said that he was an almost lifetime resident of the Monterey Peninsula and that he appreciated the applicant's willingness to take this step to build what he thought would be the first Avid Hotel in California or at least Northern California. He said that North Fremont could and should be improved and that approving the project would benefit the entire City and not detrimentally impact anyone. He said that this hotel project was basically the same size, very similar in height and scale, to the De Anza Inn with which he said the Council was familiar. He thanked Councilmember Garcia for attending remotely despite his personal situation. He thanked the Council for attending the hearing and said it had been a long road for the project, which he asserted should have been considered at least two, if not three, years prior. He referred to the amount of time that the project approval had taken and said it had resulted in construction and borrowing costs increasing. He said that the applicant was prepared to move forward with the project as quickly as possible, and requested that the Council support the Planning Commission's unanimous approval of the project. He closed by addressing allegations that he said had been made during the week before the hearing by the project opponent, alleging that the City's actions would violate State law. He said that the Charter could not be amended except by voters, and that the VAF zoning was a controlling instrument, and he said he wished to clarify that the amendments requested by staff were not amendments to the Charter, but rather clarification of the City Code, which he said was necessary because of threats of litigation. He said that these clarifications were to be instructive in terms of what the code was meant to mean. He gave an example that he said would exemplify this using the requirement for a fifty-room addition for two parking spaces: he said that if the code required additional spaces for fewer than fifty rooms, it would specify that a lower number of rooms required one parking space and fifty rooms required two parking spaces, which he said was not what the code meant and not how it had ever been interpreted.

He said that the clarifications were to ensure that if the legal threats moved forward, there would be the best chance of explaining to the court how the Council had arrived at its decision and that it was the correct decision. He asked to save his remaining three minutes for any needed rebuttal.

Vice Mayor Haffa called for public comments and, based on the number of individuals expressing an interest in speaking, allotted three (3) minutes to each speaker.

Council Regular Meeting, 1/16/2024, Item No. 2., Item Page 3, Packet Page 14 City Council Minutes December 15, 2023
4 Dianne Mahroom said that her family had come to Monterey in 1959 and that her parents had been Defense Language Institute (DLI) instructors who worked hard and became successful business and property owners while raising her and her sisters. She said that Mr. Lombardo's criticism of her family for their participation in the public process, expressing and pursuing good faith concerns and objections to the project, was astonishing, shameful, contrary to public policy, unsurprising, and unpersuasive. She said that he had been doing it for a long time and should know better. She stated that in Mr. Lombardo's second letter, dated December 14, 2023, he had contended that there was no evidence to support the opponent's interpretation of the City Code. She asserted that the fact that the City was considering an amendment was very good evidence that her family's interpretation was correct. She said that if their interpretation of the parking regulations was incorrect, as stated by Mr. Lombardo, then there should be no need for an amendment whether for clarity or otherwise. She noted that yet the proposed amendment remained, the result of which, as applied to the project, would reduce the parking regulations, which she said was in violation of the City Charter. She said that ultimately, the proposed amendment to reduce the parking regulations, in an area that she said was already suffering from insufficient parking and related bad traffic, must be put to a vote for the people of the City to decide. She said that in the same letter, Mr. Lombardo complained that the Mahrooms' lawyers had submitted a letter about 24 hours before the meeting, while acknowledging that the issues raised in the letter had restated an argument made two years prior. She said that indeed the letter served to highlight and remind the City of an important issue, not to raise a new issue at the last minute.

Laila Mahroom said she was part of the partnership that owned the adjacent apartment building, and that the partnership was opposed to the project as it was currently planned. She said that they believed that the City had gone out of their way to allow noncompliance to the applicants and push the project through to the point that, instead of the applicant meeting the requirements, the requirements were being changed to meet the applicant's proposal. She stated that the City's proposed wording revisions to the requirements were viewed by the project opponents as changes, not clarifications. She alleged that the parking requirements were not being met, neither in the number of parking spaces required nor in size. She said that cars were constantly parking in their next-door property, in front of signs stating "no parking, tow away zone," even when there was not a special event taking place. She read the following quotation from the City Charter, Appendix A to Section 8.1: "there shall be no reduction in parking requirements for visitor accommodation facilities," and stated that the off-street parking requirements for the Avid Hotel project could not be reduced absent a voter-approved amendment to the Charter. Despite this, she said that there were changes to both the number and size of parking spaces for the project. She asserted that the correct City Code requirement was one space per guest room, plus two for every 50 rooms, which she said would result in 44 required spaces and not the 42 spaces provided. She said that this was confirmed by a previously submitted letter from Henry Ruhnke that included the City's project data sheet for the proposed Avid Hotel and a Public Works memo stating 44 stalls were required and 42 were proposed. She went on to state that the City had waived the story pole requirements despite there being viable alternatives to set the system up. She alleged that notice of this meeting was first posted by Monterey residents on the NextDoor social media website, and stated that it was clear from the many responses that many residents knew nothing about the proposed project.

She said that there was also still an unsafe, narrow sidewalk, with electrical poles and power lines along the Casa Verde side of the proposed Avid Hotel, which she said was shown in email correspondence between the City Planner and project architect. She quoted: "Civil mentioned the corner would become a tripping hazard ... the only real way around that would be to underground utilities, which we obviously don't want to pay for." She said that City Planning staff responded, "I think you do not need to show unless asked. I have removed the sidewalkrelated graphics from my draft powerpoint and only included the Google streetview photo that you sent to me." Concluding her remarks, she said that she was unaware of any actions taken Council Regular Meeting, 1/16/2024, Item No. 2., Item Page 4, Packet Page 15 City Council Minutes December 15, 2023
5 to address this safety issue. Vice Mayor Haffa invited Ms. Mahroom to share information by email to the Council.

Luis Osorio, former City Planning Commissioner, said that he had served on the Planning Commission's subcommittee when the North Fremont Specific Plan (NFSP) was adopted. He said that they had always been keenly aware of subtle differences between the goals of the NFSP and the requirements of the VAF zoning district. and that the hotel sites would not be subject to what the Planning Commission was trying to accomplish with the NFSP, but he said that the proposed project was in fact consistent with the goals of the NFSP, by modernizing and improving the area. From that perspective he said that there was no question of what the City Council's action should be. He noted that there could be a boundary between individual rights and rights of the community, and said that in this case the overarching benefit would be for the community. He stated that there was disagreement about two parking spaces and a loading space, and asserted that in the current environment where prioritizing parking was often discouraged, these points should not be an issue for the Council. He stated that CEQA had been abused by a lot of people and that the project illustrated a case of CEQA abuse that he stated had subjected applicants to unnecessary expenses and City staff to unnecessary time spent. He said that this project should be a "no brainer" for the City Council and suggested directing the Planning Commission and the Architectural Review Committee (ARC) to consider requiring a design for the project that would not appear so corporate.

Duane Peterson, resident of the Villa Del Monte Neighborhood, said that it felt like the project was trying to pound a square peg into a round hole, and emphasized that he found that parking was currently an issue in the project area, and that people living three to four blocks away from him parked on his street. He noted that numerous locations in the City had underground parking and asked if it wasn't possible for this project. He asked where hotel staff and employees would park, and asked if there would be a shuttle system. He said it appeared there had been lots of "hoop jumping" with the project and asked who was in charge: the City or the developer.

John McClellan, resident of the Villa Del Monte Neighborhood, agreed with Mr. Peterson that parking was an issue. He said that if so much time had been spent trying to work out issues, maybe it could have been worked out better from the start. He noted that the building would be further away from the neighbors than what existed there currently. He said that the lack of parking, and the height of the building, would be detrimental to the neighborhood. He said that he felt the parking could be worked out, and that he objected to the project as proposed.

Mary Pendlay said she shopped in the area daily and agreed replacing the hotel with a hotel was a great idea but said that the size needed to be reduced. She stated that parking in the area was an issue due to the Fairground and events and stated that there was no parking along Fremont Street. She noted that Casa Verde was an exit for Highway 1 and said that it got backed up already and suggested that adding a left lane into the hotel would not help matters.

She suggested rethinking the height and size of the hotel, suggesting instead three, two, or one story(s), and said that underground parking might work. She said that unauthorized parking was an issue at other hotel and pharmacy parking lots in Monterey and asked that the Council take parking into consideration when they reviewed the project.

Kent Glenzer said that everyone had done a great job on the EIR. He said he would like to make a connection to the City's Regional Housing Needs Analysis (RHNA) numbers, and to the memorandum dated May 31, 2023 and revised June 7, 2023 ("Monterey 2031 – Preliminary Sites Inventory and Key Strategies"), from which he read from page four, North Fremont section, the phrase: "High density residential uses ... are conditionally permitted on commercial properties along the corridor," and the segment beginning with "In the recent citywide survey, community members expressed strong support for housing along North Fremont" and ending Council Regular Meeting, 1/16/2024, Item No. 2., Item Page 5, Packet Page 16 City Council Minutes December 15, 2023
6 with "Sites are shown on Map 2." He said that the proposed project was also included in the memo's Map 2. He asked the City Council to consider the connection to the City's RHNA numbers as they made what he described as a potentially narrow decision about the EIR.

Richard Ruccello said that when he moved to Monterey, what was then called Fremont Boulevard was the main highway entry into Monterey, with a vibrant commercial strip with many businesses serving local residents. He said that almost all of these businesses were now gone, and that the hotels that were old then prior to construction of the freeway were now very dilapidated. He asked the Council to look at the economic future of North Fremont Street. He detailed bankruptcies of three nationwide pharmacy chains and related store closures, and said that even with CVS Pharmacy still in place North Fremont businesses were already dying and failing. He said that inflation, the recession, and lost jobs were directly affecting the economic impact and that a shot of new construction was needed. He admitted that he found the modern design unattractive, but said that the design was what the younger market wanted. He said that he felt the only times that the hotel's parking needs could exceed the available spaces would be during the Car Week, AT&T Pro Am, and possibly California Roots festival events, and that in those instances an employee shuttle should be sufficient. He noted other stalled construction in the area, specifically the site of the former Eddie's (2200 North Fremont), and stated he was concerned about the Avid Hotel's ability to be constructed due to significantly increased construction costs. He said that the City really needed the TOT, and urged Council to read the Casa Verde Inn’s online reviews to see what the Avid Hotel would be replacing.

Wendy Brickman, of the North Fremont Business District, said she was in the area all the time and was in favor of the Avid Hotel project, which she said was an exciting opportunity that should not be missed and would make a very positive impact on the district and the adjacent neighborhoods. She said that introducing a contemporary hotel would promise an increase in tourism and TOT for the City, which would then be partially invested into the neighborhood through the Neighborhood and Community Improvement Program, as well as increase employment opportunities and foot traffic in the area. She said that placing a modern Avid Hotel on a dilapidated vacant site would help to stimulate further investments in an area that had experienced a prolonged period of stagnation. She said that the hotel's modern design aimed to enhance the overall environment and suggested that the new hotel would probably be quieter than the sprawling Casa Verde Inn and Caruso's Restaurant. She stressed that it was important to her and to many others to lose the undeserved label of the North Fremont area being the less favorable part of town, especially when considering Monterey's reputation as a highly soughtafter destination, because the North Fremont district was a great location adjacent to Fairground events and the freeway, and had enormous potential for residents and visitors. She said that neglecting investment and new structures on North Fremont such as the Avid Hotel project could trigger a decline in property values across the three neighborhoods for all property owners, and she said it was important to build it promptly as escalating construction costs posed a barrier to new development. As an example, she cited the planned 2200 North Fremont apartment building, which she noted had a modern design in harmony with the Avid Hotel design, and which she said had been unable to move forward since Covid began. She said business closures would be very detrimental. To address concerns about traffic she agreed that shuttle services for hotel employees during the three major events mentioned by Mr. Ruccello would ensure that traffic and congestion would be efficiently managed. She urged the City Council to approve the Avid Hotel project and allow it to move forward promptly.

With no further individuals wishing to speak, Vice Mayor Haffa closed public comments.

City Attorney Davi asked that any motion to approve the Use Permit include the statement "denying all and any appeals of decisions of the Planning Commission thereto." Council Regular Meeting, 1/16/2024, Item No. 2., Item Page 6, Packet Page 17 City Council Minutes December 15, 2023
7 The City Council took up a discussion of the matter.

Planning Manager Hill addressed questions from members of the Council:

Regarding signage, Planning Manager Hill explained that signage for VAF-zoned properties was required to be approved by the Architectural Review Committee.

Regarding hotel employee parking, Planning Manager Hill stated that the project's parking requirement was calculated at one parking space per hotel room, thereby 42 rooms required 42 parking spaces, and that the assumption behind that requirement seemed to be that every room would be associated with an individual car, which he stated was not always the case. He said the issue was something of which to be cognizant and suggested that the applicant's representative might have further information on the specifics of employee parking.

Regarding underground parking, Planning Manager Hill said it had never been proposed as part of the project and that he did not know about the feasibility given the slope of the site, since it would be at such a higher grade along North Fremont than at the rear of the property. He noted that because the applicant had been able to satisfy the parking requirement with surface parking, the idea of underground parking probably hadn't been evaluated closely.

Regarding a connection between the project and the City's RHNA numbers and the Housing Element process, Planning Manager Hill stated that he had confirmed that the project site had not been included as a potential housing site in the Housing Element.

Regarding the sound wall, Planning Manager Hill stated that the sound wall was required to be built prior to construction and would still remain after construction, which the Council stated was a comforting fact.

The City Council commented in favor of replacing the current structure which it was stated had been sitting empty for years. It was stated that this would be an exciting change because the building was becoming worse over time. Appreciation was shared for the members of the public who participated in the meeting and provided input and concerns. It was stated that having a new structure would be good, but it was also important to help jumpstart a revitalization process for the entire North Fremont corridor. It was stated that in multiple conversations with constituents of Council District 4, the residents tended to favor a change, which was longcoming for the North Fremont area. It was stated that the Avid Hotel could be that opportunity where a new structure coming into place would motivate other businesses and current businesses to participate in the area's revitalization. It was stated that this change would be important for residents, and that the Council had the opportunity to show their constituents that they were interested in changing the North Fremont area. It was shared that area businesses had expressed that they were experiencing hardships with the amount of business coming into the district. It was shared that residents in the area had the desire to walk to North Fremont to meet other neighbors, or just take a stroll through the neighborhood, and it was stated that at the moment North Fremont was not that place. It was stressed that the Avid Hotel project presented an opportunity for the long-term investment and beautification of the whole area.

The Council asked a number of questions of the project applicant and noted that there was a bus stop in the front of the project site that could serve employees coming to and from the site.

The Council invited the project applicant's attorney, Mr. Lombardo, to answer their questions.

Regarding underground parking, Mr. Lombardo explained that due to the topography of the site, because it sloped so significantly, there wasn't really an opportunity for underground parking except by building a giant hole in the ground. He said that in addition, underground parking Council Regular Meeting, 1/16/2024, Item No. 2., Item Page 7, Packet Page 18 City Council Minutes December 15, 2023
8 structures were extremely expensive to construct as they were essentially underground bunkers that could withstand the weight of structures on top. He said that even if it were physically possible at the site, which it was not due to the topography, it would not be economically possible for a project such as this, which he described as a small, limited-service hotel.

Regarding the possibility of using the site for housing, Mr. Lombardo reiterated that this would not be permitted in this site due to its zoning, and said that his understanding was that no VAFzoned site had been calculated into the City's RHNA numbers as available for housing.

Regarding employee parking for the hotel, Mr. Lombardo stated that the applicant had designed a project that met the code requirement, but he noted that the applicant had demonstrated on numerous occasions over the years that they were absolutely willing to work with the City and had no objection to an additional condition requiring them to implement a parking shuttle program during the peak events listed by Mr. Ruccello during public comments. He stated that the average occupancy for Monterey hotels was in the 70th percentile and so usually there would be available extra spaces in the hotel lot even during a high average occupancy. He stated he didn't know the origin of the City's requirement for one space per room since hotels had always had employees, but speculated that it was probably because there were almost always vacancies leaving parking spaces available.

Regarding whether the applicant would consider seeking a less corporate design, or seeking architectural approval from the ARC, Mr. Lombardo said that Avid Hotel was a national or international brand with an expected look, but said that the project would be moving forward to the ARC and the applicant would certainly try to determine what flexibility they had within the brand in terms of modifications to the design, acknowledging that McDonalds Corporation had apparently shown some flexibility with the design of their Monterey location, but he noted that the result would probably not look like the Casa Munras hotel.

Mr. Lombardo closed by thanking the City Council for their consideration and thanking the City for the effort that had been put in for the prior three years getting the applicant to this point, and respectfully requesting that the Council approve the project.

On question from the Council, City Manager Uslar confirmed that in the current environment the occupancy rate in Monterey hotels averaged about 70%. He reiterated that branding was an important element for many developments and that it could be difficult to attract economic partners without acknowledging their brand. He said that Mr. Ruccello had made a good argument about the project's design.

Adam Lindgren, outside counsel with Meyers Nave, noted that there were now two proposed amendments to a motion adopting the resolution approving the use permit: the addition of the language previously given by the City Attorney, and also a condition that would require a high occupancy employee shuttle program that would be designed subject to approval by City staff.

The Council thanked residents who provided input on the project, and stated that the project would have a significant impact on Council District 4 and on the neighborhood. It was acknowledged that change could be difficult.

Regarding parking, it was stated by the Council that parking conflicts were not anticipated for this project. It was stated that parking needs for a small hotel with no on-premises activities would tend to vary during the 24 hours of operation and that typically hotel parking lots were fullest overnight. Support was expressed for a condition of the use permit requiring an employee parking plan, and shuttle, for high impact weekends. A remark was made stating that it was unclear how objectors to the project were interpreting a "crystal clear," "plain language" Council Regular Meeting, 1/16/2024, Item No. 2., Item Page 8, Packet Page 19 City Council Minutes December 15, 2023
9 requirement for 42 parking spots as a requirement for 50 or more parking spots, and that an amendment for clarity should not be needed but if staff was advising it then the amendment was acceptable. It was stated that it was unclear whether parking at the De Anza Inn had ever caused problems and that the De Anza Inn and the proposed Avid Hotel were about the same size with roughly the same amount of parking and number of rooms. It was noted that there was existing curb parking at the site and that the City would have the ability to be flexible and make changes with matters such as red curbs, striping, and/or coordination with Monterey-Salinas Transit regarding bus stop locations if there turned out to be a parking or traffic issue.

Regarding the look of the hotel, it was stated by the Council that it would be interesting to see the final design after going through the ARC's review and that there could be a few ways to soften it aesthetically while still retaining the branded look that the brand required. It was stated that the proposed design looked corporate and was fine but not exciting, but that including a condition of approval relating to the design was not necessary. It was expressed to the ARC that the Council would prefer to find a way to make the design more attractive if it was not a violation of the Avid Hotel corporate branding.

Regarding the project's impact on the neighborhood, it was stated by the Council that the North Fremont corridor was in dire need of redevelopment and had been for a long time, and that residents felt encouraged that the Avid Hotel brand was picking Monterey and was willing to develop in the area. It was stated that the City had had many opportunities that had not come together on North Fremont Street, and that this one was important and would require compromises from all sides. It was stated that while nothing could ever be perfect, this project demonstrated the right balance of adjustments and compromises that would serve the greater good of the community and especially the neighborhood. It was stated that it would be good to see a property developed that had been sitting derelict for many years not generating any jobs or TOT. It was stated that the project site in its current state was blighted, and that there were other empty and blighted sites in the area, which felt unsafe to visitors and was bad for neighbors and for businesses. It was stated that the new hotel would benefit local businesses including the neighboring business that objected to the project. It was expressed that this project could present the possibility of finally seeing a "kick start" or infusion of rehabilitation and economic vitality in the area, and of execution on the hard work the Planning Commission had put into developing the NFSP.

On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following roll-call vote, the City Council accepted the City staff's recommendation to:
1) Adopt Resolution No. 23-150 C.S. approving the Use Permit for the hotel use and reduced loading space requirements, as amended to add a special condition of approval requiring a policy for peak hour parking conflicts, and denying any and all appeals of decisions of the Planning Commission thereto;
2) Introduce by title only, waive full reading, and pass a first reading of an Ordinance to amend Monterey City Code Chapter 38 modifying the Visitor Accommodation Facility Parking Standards and Offstreet Parking and Loading Standards;
3) Adopt Resolution No. 23-151 C.S. to amend the North Fremont Specific Plan to provide clarifying applicability language; and
4) Adopt Resolution No. 23-152 C.S. to certify the Environmental Impact Report:

AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 1 COUNCILMEMBERS: Williamson
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Council Regular Meeting, 1/16/2024, Item No. 2., Item Page 9, Packet Page 20 City Council Minutes December 15, 2023
10 The Council once again thanked members of the public for their engagement and encouraged them to continue to participate in the public process as the project moved forward to the ARC for architectural review.

CONSENT AGENDA
Public comment on the Consent Agenda was not received.

City Manager Uslar noted to the Council that he had just distributed at the dais, and emailed to Councilmember Garcia who was attending remotely, an updated salary schedule establishing the hourly rate for the proposed appointment of Andrew Miller as Interim Fire Chief effective December 31, 2023. City Attorney Davi suggested to pull Item 4 from the Consent Agenda.

On a motion by Councilmember Barber, seconded by Councilmember Smith, and carried by the following roll-call vote, the City Council approved the Consent Agenda, except Items 3 and 4:

2. Award a Construction Contract in the Amount of $970,600 to Global Diversified Voltage Services, Inc. for the Main Switchgear Upgrade Project in Camp Roberts (Categorically Excluded from NEPA 32 CFR, Part 651, Section II(e)(2) and II(g)(1) and CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1)) ***IGSA***
Action: Adopted Resolution No. 23-153 C.S.

Ordinances

3. 1st Reading by Title Only to Update Cannabis Business Ordinance (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Pulled from Consent; Introduced by title only, waived full reading, and passed to print the draft Ordinance (3-1-1, with Councilmember Smith voting no, and Mayor Williamson absent)
This item was taken up after Item 4. Vice Mayor Haffa introduced the ordinance by reading its full title. It was noted by the Council that the ordinance modified and reduced some of the areas of the City that would be available for location of cannabis businesses, due to updated information regarding appropriate areas based on State law, redefined Youth Centers. Public comment on the matter was not received.

On a motion by Councilmember Barber, seconded by Councilmember Garcia, and carried by the following vote, the City Council introduced by title only, waived full reading, and passed to print the draft Ordinance to update the Cannabis Business Ordinance:

AYES: 3 COUNCILMEMBERS: Barber, Garcia, Haffa
NOES: 1 COUNCILMEMBERS: Smith
ABSENT: 1 COUNCILMEMBERS: Williamson
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Council Regular Meeting, 1/16/2024, Item No. 2., Item Page 10, Packet Page 21 City Council Minutes December 15, 2023
11 Resolutions

4. Appoint Andrew Miller as Interim Fire Chief and Approve Employment Contract (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Resolution Nos. 23-154 C.S. appointing Mr. Miller and 23-155 C.S. amending the Salary Schedule (4-0-1, Mayor Williamson absent) This item was heard first of the two items pulled from the Consent Agenda. City Attorney Davi said that a unanimous vote of the Council was required because of the addition at the dais of the resolution updating the Salary Schedule by establishing a new top step. She said that the Council could do this based upon findings that new facts and circumstances came to light that the City wasn't aware of until the meeting that would be detrimental if not addressed, necessitating bringing the new information to the Council for action at the meeting: that the top step for the Extra Help Retired Annuitant position did not have the hourly rate for the Fire Chief.

She said that adding this to the Salary Schedule was required expeditiously because the position would start on December 18, 2023, with appointment as Interim Fire Chief effective on December 31, 2023. Public comment on the matter was not received.

On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolutions No. 23- 154 and 23-155 C.S.:

ADJOURNMENT
The Council adjourned at 4:04 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor
Council Regular Meeting, 1/16/2024, Item No. 2., Item Page 11, Packet Page 22 Council
Agenda Report
№08/22
FROM: Andrea Renny, Public Works Director
Prepared By: Megan Beckman, Administrative Analyst
SUBJECT: Award a Job Order Contract for Elevator/Escalator Maintenance and Repair for Intergovernmental Support Agreement Projects in the Amount of $1,000,000.00 to Kone, 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 *** RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Awarding a Job Order Contract for Elevator/Escalator Maintenance and Repair for Intergovernmental Support Agreement (“IGSA”) Projects to Kone, Inc., for a term of one year with the option to renew for two additional years, the total term is not to exceed three years (including any extensions), except as necessary to complete outstanding work orders that were awarded within the three-year period, with an annual funding limit of $1,000,000; and,

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

VALUE DRIVERS:

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

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

POLICY IMPLICATIONS:

This Project is consistent with the City Council’s Value Drivers and Strategic Priorities of Quality of Life – “Respond effectively to neighborhood concerns” and Fiscal Stewardship – “Support our military installations (U.S. Army Garrison Presidio of Monterey, Naval Support Activity Monterey, and U.S. Coast Guard Station Monterey) as significant economic drivers in the region.

This action is consistent with the City’s policy to provide services to the U.S. Department of the Army through the Intergovernmental Support Agreement (IGSA) between the City of Monterey and the Federal Government.

Date: 1/16/2024
Item No.: 3.

Council Regular Meeting, 1/16/2024, Item No. 3., Item Page 1, Packet Page 23 This action is also consistent with the City’s policy to approve Public Works contracts exceeding $150,000.

FISCAL IMPLICATIONS:

This action does not appropriate any funding. Any projects constructed under this Job Order contract will be fully funded by the U.S. Army through the IGSA within current appropriations.

As set forth in Monterey City Code Section 28-9, City Council may award individual annual contracts, referred to as job order contracts, none of which may exceed one million dollars ($1,000,000) for repair, remodeling, or other work to be done according to unit prices. The contracts shall be awarded to the lowest responsive, responsible bidder and shall be based on plans and specifications for typical work. No job order contract shall exceed three (3) years (including any extensions), except as necessary to complete outstanding work orders that were awarded within the three (3) year period.

Monterey City Code section 28-14(a) allows for an exemption from formal bidding requirements in cases where the contract or purchase is capable of being performed through contracts negotiated by a cooperative purchasing agency that utilized acceptable bidding procedures (“piggyback” agreements). The award of this Job Order Contract utilizes an accepted “piggyback” option from the City of Kansas City, MO (#EV2516) through Omnia Partners (previously US Communities & National IPA), approved by the Finance Director, or their designee, on December 11, 2023. The cooperative purchasing agency contract with Kone expires on November 30, 2024, with an option to renew five (5) additional one-year periods.

There is a 3.25% price adjustment in December 2024 and 2026.

ENVIRONMENTAL DETERMINATION:

CEQA applies to discretionary projects. (Pub. Resources Code, § 21080, subd. (a).) CEQA does not apply to ministerial projects. (Pub. Resources Code, § 21080, subd. (b)(1).) There is a recognized policy consideration underlying the distinction between ministerial and discretionary projects.

The purpose of CEQA is to minimize the adverse effects of new construction on the environment. To trigger CEQA compliance, the discretion must be of a certain kind; it must provide the agency with the ability and authority to mitigate environmental damage to some degree. Unless a public agency can shape the project in a way that would respond to concerns raised in an EIR, or its functional equivalent, environmental review would be a meaningless exercise.

Here, the City does not have the power to deny or condition the permit, or otherwise modify the project in ways which would mitigate environmental problems an environmental impact report might conceivably have identified. The City does not have the authority to dictate changes to the U.S.

Army’s project’s design or location in response to any impacts that an environmental review might reveal, the City’s authority under CEQA is essentially ministerial and therefore no further environmental review is required by the City.

The U.S. Army has determined that the proposed action qualifies for a Categorical Exclusion (CX) under the National Environmental Policy Act (NEPA) and the U.S. Army implementing regulations 32 CFR 651, Appendix B, CX(e)(1) Routine procurement of goods and services Council Regular Meeting, 1/16/2024, Item No. 3., Item Page 2, Packet Page 24 (complying with applicable procedures for sustainable or "green" procurement) to support operations and infrastructure, including routine utility services and contracts. Any subsequent discretionary projects resulting from this action will be assessed for NEPA applicability.

ALTERNATIVES CONSIDERED:

Council could choose to not award the piggyback contract and direct staff to advertise the individual projects for bids. This is not recommended, as the proposed piggyback contract allows for more efficient completion of any projects and/or maintenance.

DISCUSSION:

Overview
Under an Intergovernmental Support Agreement (IGSA), the City of Monterey provides services to the Department of the U.S. Army, which are fully reimbursed by the federal government. The City coordinates a variety of projects on the Presidio of Monterey (POM), Ord Military Community, and U.S. Army Support Activity (USASA) at Camp Roberts.

Project
The City of Monterey’s Public Works Department utilizes four methods to construct IGSA projects in the most cost-effective and efficient manner possible, including Formal Bidding, Informal Bidding, Job Order Construction Contracting, and in-house work utilizing City crews.

Job Order Construction contracting has proven to be an effective tool in delivering emergency work and other IGSA projects in a timely manner.

Historically, Job Order Construction contracts have been awarded by Council to expedite repairs and upgrades of common, repetitive work according to competitively bid unit pricing based on quantities that are unknown at the time of award of the contract. The City has successfully used Job Order contractors for many years to deliver IGSA projects. The intent of these contracts is to provide the City with a readily available workforce for new construction, repairs, and upgrades to existing infrastructure, and emergency repairs of any value up to the contract limit, as the City deems appropriate. These contracts do not give the contractors exclusive rights to perform any work for the City. Certain projects may be performed by City crews or be issued for bid proposals throughout the term of the contract, even if such contracts include this same type of work.

The scope of work may include, but is not limited to: preventative maintenance, repair, and 24/7 callback services for all vertical conveyances (i.e., elevators and escalators). Preventative maintenance will consist of monthly service of all components and safety devices in accordance, including inspection, lubrication, adjustment, and minor repair.

Council Regular Meeting, 1/16/2024, Item No. 3., Item Page 3, Packet Page 25 Monterey City Code section 28-14(a) allows for an exemption from formal bidding requirements in cases where the contract or purchase is capable of being performed through contracts negotiated by a cooperative purchasing agency that utilized acceptable bidding procedures (“piggyback” agreements). The award of this Job Order contract utilizes an accepted “piggyback” option from the City of Kansas City, MO (#EV2516) through Omnia Partners (previously US Communities & National IPA), approved by the Finance Director, or their designee, on December 11, 2023.

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

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

Attachments: 1. Resolution

2. Kone, Inc. Pricing Table
e: Kone, Inc.

Jeremy Hill, Vice President of Operations
Billy Garcia, IGSA Manager
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 1/16/2024, Item No. 3., Item Page 4, Packet Page 26 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№12/12

AWARD A JOB ORDER CONTRACT FOR ELEVATOR/ESCALATOR MAINTENANCE AND

REPAIR FOR INTERGOVERNMENTAL SUPPORT AGREEMENT PROJECTS IN THE AMOUNT OF $1,000,000.00 TO KONE, INC. ***IGSA***
WHEREAS, job order contracts have been proven to be an effective tool to construct routine projects in a timely, efficient manner, and give the City the capability to construct urgent projects and perform emergency repairs on short notice; WHEREAS, Monterey City Code section 28-14(a) allows for an exemption from formal bidding requirements in cases where the contract or purchase is capable of being performed through contracts negotiated by a cooperative purchasing agency that utilized acceptable bidding procedures (“piggyback” agreements);
WHEREAS, the award of this Job Order Contract utilizes an accepted “piggyback” option from the City of Kansas City, MO (#EV2516) through Omnia Partners (previously US Communities & National IPA), approved by the Finance Director, or their designee, on December 11, 2023. based upon a finding that the cooperative purchase is (1) in the best interests of the City; (2) it is to the City’s economic advantage; and (3) it was competitively awarded using a process that complies with the policies, rules, and regulations as approved by the Purchasing Agent or designee. The cooperative purchasing agency contract with Kone expires on November 30, 2024, with an option to renew (5) additional one-year periods. There is a 3.25% price adjustment in December 2024 and 2026; and, WHEREAS, CEQA applies to discretionary projects. (Pub. Resources Code, § 21080, subd. (a).) CEQA does not apply to ministerial projects. (Pub. Resources Code, § 21080, subd. (b)(1).) There is a recognized policy consideration underlying the distinction between ministerial and discretionary projects. The purpose of CEQA is to minimize the adverse effects of new construction on the environment. To trigger CEQA compliance, the discretion must be of a certain kind; it must provide the agency with the ability and authority to mitigate environmental damage to some degree. Unless a public agency can shape the project in a way that would respond to concerns raised in an EIR, or its functional equivalent, environmental review would be a meaningless exercise.

The U.S. Army has determined that the proposed action qualifies for a Categorical Exclusion (CX) under the National Environmental Policy Act (NEPA) and the U.S. Army implementing regulations 32 CFR 651, Appendix B, CX(e)(1) Routine procurement of goods and services (complying with applicable procedures for sustainable or "green" procurement) to support Council Regular Meeting, 1/16/2024, Item No. 3., Item Page 5, Packet Page 27 2 operations and infrastructure, including routine utility services and contracts. Any subsequent discretionary projects resulting from this action will be assessed for NEPA 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:

1. Awards a Job Order Contract for Elevator/Escalator Maintenance and Repair for Intergovernmental Support Agreement (“IGSA”) Projects to Kone, Inc., for a term of one year with the option to renew for two additional years, the total term is not to exceed three years (including any extensions), except as necessary to complete outstanding work orders that were awarded within the three-year period, with an annual funding limit of $1,000,000; and,

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

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
ATTACHMENT 1
Council Regular Meeting, 1/16/2024, Item No. 3., Item Page 6, Packet Page 28

BILLING RATES MECHANIC HELPER TEAM FOREMAN
Straight Time $282.00 $240.00 $522.00 $315.00
Overtime $487.00 $406.00 $893.00 $535.00
Sundays/Holidays $573.00 $478.00 $1,051.00 $630.00
OMNIA - 2024

TIME AND MATERIAL BILLING RATE SCHEDULE
Standard (Full) Billing Rates
ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 3., Item Page 7, Packet Page 29 Council
Agenda Report
№08/22
FROM: Andrea Renny, Public Works Director
Prepared By: Megan Beckman, Administrative Analyst
SUBJECT: Award a Job Order Contract for Elevator/Escalator Maintenance and Repairs for City Projects in the Amount of $1,000,000.00 to Kone, Inc. (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ***CIP/NCIP***
RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Awarding a Job Order Contract for Elevator/Escalator Maintenance and Repair City Projects to Kone, Inc., for a term of one year with the option to renew for two additional years, the total term is not to exceed three years (including any extensions), except as necessary to complete outstanding work orders that were awarded within the three-year period, with an annual funding limit of $1,000,000; and,

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

VALUE DRIVERS:

POLICY IMPLICATIONS:

This Project is consistent with the City Council’s Value Drivers and Strategic Priorities of Quality of Life – “Respond effectively to neighborhood concerns” and Fiscal Stewardship – “Carefully manage City revenues and expenditures which support the delivery of City services.” This action is also consistent with the City’s policy to approve Public Works contracts exceeding $150,000.

FISCAL IMPLICATIONS:

This action does not appropriate any funding. Any work performed under this contract will be directly charged to individual City budgets, previously approved by Council. There is no minimum dollar value of work guaranteed under this contract, and assignment of work orders is at the sole discretion of the City.

Date: 1/16/2024
Item No.: 4.

Council Regular Meeting, 1/16/2024, Item No. 4., Item Page 1, Packet Page 30 As set forth in Monterey City Code Section 28-9, City Council may award individual annual contracts, referred to as job order contracts, none of which may exceed one million dollars ($1,000,000) for repair, remodeling, or other work to be done according to unit prices. The contracts shall be awarded to the lowest responsive, responsible bidder and shall be based on plans and specifications for typical work. No job order contract shall exceed three (3) years (including any extensions), except as necessary to complete outstanding work orders that were awarded within the three (3) year period.

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office 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 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 by the City.

ALTERNATIVES CONSIDERED:

DISCUSSION:

The City of Monterey’s Public Works Department utilizes four methods to construct projects in the most cost-effective and efficient manner possible, including Formal Bidding, Informal Bidding, Job Order Construction Contracting, and in-house work utilizing City crews. Job Order Construction contracting has proven to be an effective tool in delivering emergency work and other projects in a timely manner.

Historically, Job Order Construction contracts have been awarded by Council to expedite repairs and upgrades of common, repetitive work according to competitively bid unit pricing based on quantities that are unknown at the time of award of the contract. The City has successfully used Job Order contractors for many years to deliver projects. The intent of these Council Regular Meeting, 1/16/2024, Item No. 4., Item Page 2, Packet Page 31 contracts is to provide the City with a readily available workforce for new construction, repairs, and upgrades to existing infrastructure, and emergency repairs of any value up to the contract limit, as the City deems appropriate. These contracts do not give the contractors exclusive rights to perform any work for the City. Certain projects may be performed by City crews or be issued for bid proposals throughout the term of the contract, even if such contracts include this same type of work.

The contract shall remain in effect for all written work orders issued by the City during a 12- month period beginning with the effective date of the Notice to Proceed or until the exhaustion of the contract limit, whichever occurs first. With successful performance, this contract may be extended for up to two additional 12-month periods with the same annual contract limit. The cooperative purchasing agency contract with Kone expires on November 30, 2024, with an option to renew (5) additional one-year periods. There is a 3.25% price adjustment in December 2024 and 2026.

Monterey City Code section 28-14(a) allows for an exemption from formal bidding requirements in cases where the contract or purchase is capable of being performed through contracts negotiated by a cooperative purchasing agency that utilized acceptable bidding procedures (“piggyback” agreements). The award of this Job Order contract utilizes an accepted “piggyback” option from the City of Kansas City, MO (#EV2516) through Omnia Partners (previously US Communities & National IPA), approved by the Finance Director, or their designee, on December 11, 2023.

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

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

Attachments: 1. Resolution

2. Kone, Inc. Pricing List
e: Kone, Inc.

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, 1/16/2024, Item No. 4., Item Page 3, Packet Page 32 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№12/12

AWARDING A JOB ORDER CONTRACT FOR ELEVATOR/ESCALATOR MAINTENANCE

AND REPAIR FOR INTERGOVERNMENTAL SUPPORT AGREEMENT PROJECTS IN THE AMOUNT OF $1,000,000.00 TO KONE, INC ***CIP/NIP***
WHEREAS, job order contracts have been proven to be an effective tool to construct routine projects in a timely, efficient manner, and give the City the capability to construct urgent projects and perform emergency repairs on short notice; WHEREAS, Monterey City Code section 28-14(a) allows for an exemption from formal bidding requirements in cases where the contract or purchase is capable of being performed through contracts negotiated by a cooperative purchasing agency that utilized acceptable bidding procedures (“piggyback” agreements);
WHEREAS, the award of this Job Order Contract utilizes an accepted “piggyback” option from the City of Kansas City, MO (#EV2516) through Omnia Partners (previously US Communities & National IPA), approved by the Finance Director, or their designee, on December 11, 2023. based upon a finding that the cooperative purchase is (1) in the best interests of the City; (2) it is to the City’s economic advantage; and (3) it was competitively awarded using a process that complies with the policies, rules, and regulations as approved by the Purchasing Agent or designee. The cooperative purchasing agency contract with Kona expires on November 30, 2024, with an option to renew (5) additional one-year periods. There is a 3.25% price adjustment in December 2024 and December 2026; and WHEREAS, the City of Monterey Planning Office 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 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 by the City.

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

Council Regular Meeting, 1/16/2024, Item No. 4., Item Page 4, Packet Page 33 2 1. Awards a Job Order Contract for Elevator/Escalator Maintenance and Repair for City Projects to Kone, Inc., for a term of one year with the option to renew for two additional years, for a term not to exceed three years (including any extension), except as necessary to complete outstanding work orders that were awarded within the three-year period with an annual funding limit of $1,000,000; and,

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

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
ATTACHMENT 1
Council Regular Meeting, 1/16/2024, Item No. 4., Item Page 5, Packet Page 34

BILLING RATES MECHANIC HELPER TEAM FOREMAN
Straight Time $282.00 $240.00 $522.00 $315.00
Overtime $487.00 $406.00 $893.00 $535.00
Sundays/Holidays $573.00 $478.00 $1,051.00 $630.00
OMNIA - 2024

TIME AND MATERIAL BILLING RATE SCHEDULE
Standard (Full) Billing Rates
ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 4., Item Page 6, Packet Page 35 Council
Agenda Report
№08/22
FROM: Andrea Renny, PE, PTOE, Public Works Director
Prepared For: Andrew Easterling, PE, City Engineer/Deputy PW Director Prepared By: Tricia Wotan, CFM, Environmental Regulations Manager SUBJECT: Award Professional Services Agreement to Schaaf & Wheeler, Consulting Civil Engineers in the Amount of $377,470 for Stormwater Diversion-To-Sewer Infrastructure Projects Design Services in the City of Monterey ***CIP *** (Exempt from CEQA, Article 19, Section 15306, Class 6)
RECOMMENDATION:

That the City Council adopt the attached resolutions:

1. Awarding a Professional Services Agreement for Engineering Services for Stormwater Diversion-To-Sewer Infrastructure Projects to Schaaf & Wheeler, Consulting Civil Engineers for a term of 2 years with a total not to exceed fee of $377,470; and

2. Authorizing the City Manager, or their designee, to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal (RFP).

VALUE DRIVERS:

In collaboration with our community partners, protect and preserve our natural environment by addressing climate change through ecologically responsible and pragmatic solutions.

Champion regional and local efforts to secure adequate, affordable, and sustainable water sources for the city, now and into the future.

POLICY IMPLICATIONS:

This action is consistent with the City Council strategic priorities to protect our environment and secure water sources.

This action is also consistent with Council policy to approve Professional Services Agreements exceeding $75,000. These services will augment the City’s capacity for project delivery, consistent with the City Council’s vision and strategic initiatives.

FISCAL IMPLICATIONS:

Each Capital Improvement Program (CIP) project is separately approved and budgeted by the City Council. CIP2310 Lake El Estero Diversion Project is currently funded at $1,266,894.17, and CIP2416 Olivier Street Urban Diversion Project is currently funded at $237,533.51. This agreement includes engineering design services for both CIP2310 and CIP2416 at a total cost of $377,470. There is sufficient funding available between both CIP accounts for this action.

Date: 1/16/2024
Item No.: 5.

Council Regular Meeting, 1/16/2024, Item No. 5., Item Page 1, Packet Page 36 Costs for design services related to CIP2310 will be reimbursable per Council Resolution 23- 048 via Agreement No. Ag-11753 with the SWRCB.

Costs for design services related to the CIP2416 Olivier Street Urban Diversion Project will be funded by City. However, Council is considering a 50% project funding grant agreement with the Monterey Peninsula Water Management District (MPWMD) to assist with 50% reimbursement of applicable costs related to this project’s implementation. On behalf of the Monterey Peninsula Integrated Regional Water Plan (IRWMP) member entities, the MPWMD has been awarded grant funds from the California Department of Water Resources (DWR) to implement waterrelated projects in the Monterey Peninsula region, and the Olivier Street Urban Diversion Project was one of two projects nominated by the IRWMP partners to receive grant funding, if awarded.

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined that the following action is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15306, Class 6) because the proposed action involves basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. Specifically, the project involves the design of urban diversions from storm to sewer infrastructure for the existing Capital Improvement Project (CIP) 2310 Lake Pump Station and CIP 2416 Oliver Street Storm Drain. Furthermore, the exempt projects do not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may have impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The proposed action involves basic data collection; therefore, would not have any impacts on the environment.

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. The proposed action is basic data collection; therefore, no cumulative impacts are anticipated.

Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. No unusual circumstances are anticipated to be found at the project sites. The proposed action would not have a significant effect due to their limited scope and distinct locations.

Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). The proposed action would not be visible from any scenic highways; therefore, no impacts to scenic highways would occur.

Council Regular Meeting, 1/16/2024, Item No. 5., Item Page 2, Packet Page 37 Exception e - Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. None of these projects would be located on hazardous waste sites listed pursuant to Section 65962.5 of the Government Code.

Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The proposed action would involve basic data collection, which would not result in an impact to historic or cultural resources.

ALTERNATIVES CONSIDERED:

The Council could decide to not award this Professional Services Agreement to Schaaf & Wheeler, Consulting Civil Engineers, however this alternative is not recommended because no other firms submitted proposals in response to the RFP. The City Council could also direct staff to issue requests for proposals for each project, individually. However, this alternative is not recommended as there is an efficiency in retaining the same firm to design these two similar CIP infrastructure projects. Outside civil engineering services are required to augment City staff at this time. Further, having the same firm working on both urban diversion designs will allow for more efficient and timely delivery of the projects. The scope of work outlined a prioritization for design, which includes CIP2310 Lake El Estero Urban Diversion Project as first priority, and CIP2416 Olivier Street Urban Diversion Project as second priority, due to schedules and funding abilities.

DISCUSSION:

The City has two urban diversion CIP projects that need to be fully designed with engineering design services. Accordingly, the City released a request for proposals on October 20, 2023, for the required technical assistance from civil engineering firms with knowledge and experience relating to stormwater, water, and wastewater infrastructure projects.

The design deliverables for the two CIP projects are on a schedule driven by the respective state or local funding partners. For CIP2310 (Lake Project), the City must submit a Final Design Report to the SWRCB December 2024. For CIP 2416 (Olivier Project), the City must tentatively submit a Final Design Report to the Monterey Peninsula Water Management District (MPWMD) for the California Department of Water Resources (DWR) review by October 2025.

Generally, proposals were required to include among other items an estimated total cost and hours for the scope of work proposed on a task-by-task basis including reimbursables. Prices quoted must be binding for a minimum of three (3) years. Costs were estimated by time and hourly rates for each category of employee and fees for applicable direct costs. Subconsultant services are billed at cost plus ten percent (10%) maximum.

The selection of the best-qualified firm was made in accordance with Section 28-10 of the City’s Purchasing Ordinance. On October 20, 2022, a Request for Proposal was issued and advertised through the City’s e-Procurement Portal, OpenGov Procurement. One (1) proposal from Schaaf & Wheeler, Consulting Civil Engineers was received on November 21, 2023. A selection committee consisting of Public Works Department Engineering staff independently evaluated the proposal in accordance with the qualifications-based selection process, and determined the firm was qualified to perform the requested services.

Council Regular Meeting, 1/16/2024, Item No. 5., Item Page 3, Packet Page 38 The selected firm, Schaaf & Wheeler, Consulting Civil Engineers has experience providing infrastructure engineering services for wet utility projects throughout California and are familiar with Monterey. The combination of Schaaf & Wheeler’s infrastructure expertise and experience locally and throughout the state will provide the City with the breadth of knowledge and services to design the needed water-related infrastructure for these urban diversion projects.

This agreement is proposed for a two-year term and a $377,470 not-to-exceed fee for all tasks provided. Any proposed cost increase shall return to Council for amendment consideration. A no-cost time extension to the agreement may be granted by the City Manager or their designee as the projects develop and schedules warrant.

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

2. Authorizing the City Manager, or their designee, to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal (RFP).

AR/tw/ss
Attachments: 1. Resolution awarding a Professional Services Agreement to Schaaf & Wheeler, Consulting Civil Engineers.

2. Consultant Selection Evaluation Criteria
ec: Andrew A. Sterbenz, PE, Vice President, Schaaf & Wheeler 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. 5., Item Page 4, Packet Page 39 RESOLUTION NO. __-___ C.S.

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

AWARDING PROFESSIONAL SERVICES AGREEMENT TO SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS IN THE AMOUNT OF $377,470 FOR STORMWATER

DIVERSION-TO-SEWER INFRASTRUCTURE PROJECTS DESIGN SERVICES IN THE CITY OF MONTEREY ***CIP ***
WHEREAS, the need exists for the City to obtain prompt professional mechanical engineering services to support City projects, including but not limited to Capital Improvement Program (CIP), Neighborhood and Community Improvement Program (NCIP), and other municipal programs,
WHEREAS, on October 20, 2023, the City issued a Request for Proposal (RFP) for the required technical assistance from civil engineering firms with knowledge and experience relating to storm water, water, and wastewater infrastructure projects. and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City;
WHEREAS, on November 21, 2023, the City received one (1) proposal from a firm that performs this work;
WHEREAS, staff formed a selection committee to independently review the firm’s proposal based upon specific criteria in the RFP;
WHEREAS, following deliberations, the selection committee determined that Schaaf & Wheeler, Consulting Civil Engineers was a qualified firm; WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and,
WHEREAS, the City of Monterey Planning Office determined that the following action is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15306, Class 6) because the proposed action involves basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. Specifically, the project involves the design of urban diversions from storm to sewer infrastructure for the existing Capital Improvement Project (CIP) 2310 Lake Pump Station and CIP 2416 Oliver Street Storm Drain. Furthermore, the exempt projects do not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may have impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, Council Regular Meeting, 1/16/2024, Item No. 5., Item Page 5, Packet Page 40 2 and officially adopted pursuant to law by federal, state, or local agencies. The proposed action involves basic data collection; therefore, would not have any impacts on the environment.

Exception e - Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. None of these projects would be located on hazardous waste sites listed pursuant to Section 65962.5 of the Government Code.

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

1. Awards a Professional Service Agreement for Engineering Services for Stormwater Diversion-To-Sewer Infrastructure Projects Design Services to Schaaf & Wheeler, Consulting Civil Engineers for a term of 2 years. The total fee for the duration of the contract term is not to exceed $377,470.00; and

2. Authorizes the City Manager, or his designee, to execute the Professional Services Agreements upon receipt of information required by the Request for Proposal (RFP).

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:

Council Regular Meeting, 1/16/2024, Item No. 5., Item Page 6, Packet Page 41 3 ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 1/16/2024, Item No. 5., Item Page 7, Packet Page 42 ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 5., Item Page 8, Packet Page 43 ORDINANCE NO. ____ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
AMENDING CHAPTER 38 OF THE CITY OF MONTEREY CODE RELATED TO VISITOR ACCOMMODATION FACILITY PARKING STANDARDS (38-36A), OFF-STREET PARKING AND LOADING SPACES (38-115), OFFSTREET PARKING AND LOADING STANDARDS (38-115) AND REDUCED PARKING FOR OTHER USES (38-117)
WHEREAS, the amendments to the Zoning Ordinance are intended to clarify the applicability of the parking standards, in response to comments received for the 2101 North Fremont Street infill development project, involving the demolition of an existing 1-story, 18 guest room hotel, and 134-seat restaurant and the construction of a new 25,000 square-foot, 4- story, 42 guest room branded hotel and 42-space surface parking lot; WHEREAS, the City of Monterey Community Development Department has prepared an EIR for the 2101 North Fremont Street Hotel Project (including the proposed text amendment) pursuant to the requirements of the CEQA Guidelines Sections 15120 to 15132. Pursuant to the requirements of CEQA Guidelines 15082, the City distributed the Notice of Preparation (NOP) of the EIR for a 30-day agency and public review period starting on June 24, 2022 and ending on July 25, 2022. During the 30-day review period, the NOP was available on the City’s website at:
www.monterey.org/planning. The purpose of the NOP was to solicit agency and public input on the scope and content of the EIR. The City received letters from the following five agencies and one Native American Tribe in response to the NOP during the public review period: California Department of Fish and Wildlife (CDFW), California Department of Toxic Substances Control, Monterey County Airport Land Use Commission (ALUC), Native American Heritage Commission, Transportation Agency for Monterey County, and KaKoon Ta Ruk Band of Ohlone-Costanoan Indians of the Big Sur Rancheria. NOP comments were primarily related to nesting birds, hazardous materials (including in demolished materials and imported soils), tribal consultation, traffic impacts, and cultural monitoring during construction. Comments and responses received on the NOP were incorporated into the Draft EIR and summarized in Section 1.0, Introduction, of the Draft EIR;
WHEREAS, pursuant to the requirements of CEQA Guidelines 15087, the Draft EIR was circulated for public review between July 7, 2023 and August 21, 2023 to solicit comments regarding the environmental issues associated with the proposed project. During the public review period, the Draft EIR was available on the City’s website at: www.monterey.org/planning.

Two comment letters on the Draft EIR were received: from Fenton & Keller (on behalf of the Mahroom family who own the apartment building located to the north of the project site) and the California Department of Fish and Wildlife (CDFW). The comments from Fenton & Keller expressed opposition to the project and were primarily related to noise, building height, parking, safety, traffic, and water supply. The comments from CDFW stated that the mitigation measures included in the Draft EIR are sufficient for mitigation of impacts to biological resources (no mitigation measures for biological resources were identified as required in the Draft EIR). The comment letters and responses were addressed in Section 7.0, Response to Comments, of the Final EIR;
Date: 1/16/2024
Item No.: 6.

Council Regular Meeting, 1/16/2024, Item No. 6., Item Page 1, Packet Page 44 2 WHEREAS, the EIR identifies that the project could result in potentially significant environmental impacts associated with cultural resources, paleontological resources, hazards and hazardous materials, noise, and tribal cultural resources. Mitigation measures have been required that would reduce all of these potential impacts to a less than significant level; WHEREAS, on November 28, 2023, the Planning Commission held a duly noticed public hearing, took public testimony, and recommended that the City Council adopt the ordinance amendments;
WHEREAS, on December 15, 2023, the City Council held a duly noticed public hearing and took public testimony;
WHEREAS, the City Council finds that the amendment is consistent with the purposes of the General Plan, the purposes of the Municipal Code, and other applicable City ordinances; and
WHEREAS, the facts set forth in the recitals in this Ordinance are true and correct and incorporated by reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony, and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this Ordinance.

NOW, THEREFORE, the Monterey City Council does ordain as follows:

SECTION 1. Monterey City Code, Section 38-36(A), Number of Off-Street Parking Spaces Required is hereby amended to read as follows:

Hotels and Motels One per guest room; plus two for every 50 rooms for hotels and motels with over 49 rooms; plus parking, as required for accessory uses.

SECTION 2 Monterey City Code, Section 38-115, Off-Street Parking and Loading Spaces Required Schedule A table is hereby amended to read as follows:

Hotels and Motels One per guest room; plus two for every 50 rooms for hotels and motels with over 49 rooms; plus parking, as required for accessory uses.

SECTION 3 Monterey City Code, Section 38-117, Reduced Parking for Other Uses is hereby amended to read as follows:

A use permit may be approved for nonresidential uses, reducing the number of parking spaces or loading spaces to less than the number and size specified in the schedules in Section 38-115, provided that the following findings are made:

A. The parking demand will be less than the requirement in Schedule A or B; and B. The probable long-term occupancy of the building or structure, based on its design, will not generate additional parking demand; or
Council Regular Meeting, 1/16/2024, Item No. 6., Item Page 2, Packet Page 45 3 C. There is significant public parking within a reasonable distance that has been provided or will be provided within a reasonable time. In reaching a decision, the Planning Commission shall consider survey data submitted by an applicant or collected at the applicant’s request and expense.

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

SECTION 5. Severability. If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.

SECTION 6. This ordinance shall be in full force and effect thirty (30) days from and after its final passage and adoption.

SECTION 7. Publication. Pursuant to Charter section 4.4, this ordinance shall be published in the Monterey County Herald, a newspaper printed and published in the County of Monterey, at least three days before its adoption.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this ____ day of _____, 20__, 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. 6., Item Page 3, Packet Page 46

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ORDINANCE NO. __ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY

CANNABIS BUSINESS ORDINANCE UPDATE
THE CITY COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN AS FOLLOWS:

SECTION 1:

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, under state law, there are restrictions on the location of cannabis businesses. For example, a cannabis business cannot be within a 600-foot radius of an existing youth center, as defined by Health & Safety Code section 11353.1(e)(2). (See also Health & Safety Code section 11362.768.) A youth center includes establishments with ten or more arcade machines;
WHEREAS, the city has discretion to reduce the 600-foot spacing requirement, including but not limited to reducing the spacing requirement between youth centers and cannabis businesses. (Business & Professions Code section 26054(b)); WHEREAS, the city has recently approved use permits for arcade businesses within the cannabis overlay zones. Many of the arcade businesses are for adult use and serve alcohol while also permitting children in the facility. The City does not anticipate negative secondary effects to stem from the proximity of a cannabis business to an arcade business. Therefore, the 600-foot spacing is not necessary and the purpose of this ordinance amendment is to delete that restriction;
WHEREAS, it is the intent of the City to create an even playing field in the cannabis retail selection process by allowing potential operators to participate in a selection process before having secured a physical location for the business. “For many, the cost of securing and leasing a business location and holding that location for many months during a long selection process can be too expensive. This leaves only well-capitalized and well-established businesses able to compete for the licenses…” which can perpetuate social inequities. (League of California Cities, Seed to Sale: A Guide to Regulating Cannabis in California Cities (2021)) Therefore, the city will hold a public drawing/lottery, during which one City Council approved applicant will be randomly selected to operate in one of the four overlay zones; 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, Date: 1/16/2024
Item No.: 7.

Council Regular Meeting, 1/16/2024, Item No. 7., Item Page 1, Packet Page 47

Page 2 of 3 ends

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 section 7-7.07(C) is hereby amended to read as follows:
“C. A zone clearance shall be obtained for retail businesses before the city will issue a cannabis permit. After the City Council selects the top four cannabis storefront retail businesses, the Community Development Director will conduct a drawing, that is open to public view, to identify the order by which the top four commercial cannabis business applicants choose their preferred zone from the available zone(s). This process is to ensure that all four zones have one storefront retail cannabis business.”
SECTION 4: Monterey City Code section 7-7.07(D) is hereby deleted and Section 7-

7.07(E) is re-lettered as Section 7-7.07(D).

SECTION 5: Monterey City Code section 7.07.09(A)(3) is amended to read as follows:
“3. No physical address for the proposed cannabis business shall be listed on the retail permit application.”
SECTION 6: Monterey City Code, Chapter 38, Article 3, Section 38-11, is hereby amended to change the definition of Youth Center. This definition applies to this Chapter and shall prevail over any inconsistent definitions in the City Code. “Youth center: means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, or social service teenage club facilities.”
SECTION 7. 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 8. Effective Date. This ordinance shall become effective thirty days from the Council Regular Meeting, 1/16/2024, Item No. 7., Item Page 2, Packet Page 48

Page 3 of 3 ends

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, 1/16/2024, Item No. 7., Item Page 3, Packet Page 49 Council
Agenda Report
№08/22
FROM: Andrea Renny, P.E., Public Works Director
Prepared By: Tricia Wotan, CFM, Environmental Regulations Manager SUBJECT: Authorize the City Manager to Enter into a Funding Agreement with the Monterey Peninsula Water Management District (MPWMD) to Accept a Grant in the Amount of $500,000, Authorize and Designate a Representative for the Olivier Street Stormwater Diversion Project, and Authorize an Increase of FY24 Revenue in the CIP-State Funding Source Fund and Expenditure Appropriation to the Olivier Street Urban Stormwater Diversion Project (CIP2416) in the Capital Projects Fund ***CIP*** (Exempt from CEQA, Article 19, Section 15306, Class 6) RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Authorizing the City Manager to enter into a funding agreement with the Monterey Peninsula Water Management District (MPWMD) to accept a $500,000 allocation for the Olivier Street Stormwater Urban Diversion Project (“Project”);

2. Authorizing and Designating the City Manager, or their designee, to represent the City of Monterey in carrying out the City’s responsibilities under the funding agreement, including certifying invoices and disbursement requests for Project costs on behalf of the City and compliance with applicable state and federal laws; and,

3. Authorizing the Finance Director, or their designee, to increase FY24 revenue in the CIP-State Funding Source Fund and expenditure appropriation of $500,000 to the Capital Projects Fund, Olivier Street Stormwater Diversion Project (CIP2416) (“Project”).

This appropriation is funded by a California Department of Water Resources allocation to the MPWMD with the City as a local implementing agency subgrantee.

VALUE DRIVERS:

Protect and preserve our natural environment by addressing climate change through ecologically responsible and pragmatic solutions.

Champion regional and local efforts to secure adequate, affordable, and sustainable water sources for the city, now and into the future.

POLICY IMPLICATIONS:

This action is consistent with City Council policy to approve agreements with outside agencies and to approve budget appropriations.

Date: 1/16/2024
Item No.: 8.

Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 1, Packet Page 50 This action is also consistent with the City Council’s strategic priorities to protect our environment and secure water sources.

FISCAL IMPLICATIONS:

This action authorizes the Finance Director, or their designee, to increase FY24 revenue in the CIP-State Funding Source Fund and expenditure appropriation of $500,000 to the Capital Projects Fund, Olivier Street Stormwater Diversion Project (CIP2416). This appropriation is funded by a California Department of Water Resources allocation to the MPWMD with the City as a local implementing agency subgrantee. There is currently $237,741.39 of storm water utility funds available in CIP2416. The City will be responsible for 50% match or up to $500,000 in matching funds over the next 3.5 years (an additional grant was received from MPWMD in 2022 for $25,000 to assist with preliminary survey services). At least an additional $262,258.61 of local matching funds will be required in the next fiscal years. Eligible local funding sources include the storm water utility fund or the general fund.

The grant only provides funding to design and install the Olivier Street Stormwater Diversion Project. After the project is completed, the City will be responsible for all operations and maintenance costs and water treatment fees estimated at $25,000 per year.

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15306, Class 6) because the project proposes a stormwater diversion project (Olivier Street Stormwater Diversion Project, formerly known as the Monterey Tunnel Diversion Project), which will proceed at the concept design stage in the Monterey Peninsula Stormwater Resource Plan (SRP) effort and in 2019 incorporated was into the Monterey Peninsula Integrated Regional Watershed Management (IRWM) Plan as a regional water recovery opportunity with water recycling, water supply, and water quality benefits to the City and region. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. The project involves concept design for a stormwater diversion project, which would not result in a cumulative impact.

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 as the project at this stage involves only concept design.

Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 2, Packet Page 51 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 involves concept design; therefore, would not result in any improvements that are 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 involves concept design for a stormwater diversion project; therefore, at this stage no impacts to historical or archeological resources are anticipated.

Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The City Council could decide not to accept and appropriate grant funding at this time. Without grant funding the City would need find an additional $500,000 of local funds to deliver the project. While eligible local funding sources include the storm water utility fund or the general fund, these funds compete against the demands of paying for normal operating expenses.

Rejecting the grant funding and relying on the storm water utility fund and/or the general fund is not recommended.

DISCUSSION:

Unlike many other regions within California, the Monterey Peninsula does not receive water supplies from larger federal or State water projects such as the Central Valley Project (CVP) or State Water Project (SWP). As a result, the Monterey Peninsula relies on regional and local water supplies, projects, and infrastructure for our water needs. Historically, water supplies for the Monterey Peninsula have been derived from Carmel River surface waters and the Seaside Groundwater Basin. Overuse of these surface and groundwater waterbodies caused courtordered reductions in use of these supplies starting in the 1990s and those restrictions are still in force today. One resulting effect among others are restrictions on development-related growth beyond existing water credits afforded an existing parcel.

To this end, Monterey Peninsula agencies and stakeholders have been coordinating efforts in the last several decades to identify, study, design, and develop sustainable, drought-resistant water capture and supply opportunities to assist in mitigating effects of the original overuse and augment existing supplies. Over time, regional agencies have been planning, designing, building, and assembling a portfolio of diverse water supplies (from municipal and industrial wastewaters, crop drainage, and urban runoff) for State consideration in regards to one day Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 3, Packet Page 52 lifting the restrictions to allow communities to meet General Plan development goals, such as regional housing mandates.

The City’s Engineering Division staff have participated in these regional collaborative efforts to identify water capture, treatment, and supply augmentation opportunities regionally and within the City, such as the Olivier Project, for further study and project prioritization and funding consideration locally and regionally, as outlined in more detail below. This Project, along with the El Estero Diversion Project, will augment the existing portfolio of regional water projects that together are becoming the region’s water future. Additionally, these City projects will benefit the Monterey Bay National Marine Sanctuary through reductions in total overall urban runoff discharging untreated into the Monterey Bay, and treatment of the captured waters via the Monterey One Water Regional Treatment Plant for recycling and water reuse purposes, as feasible.

Staff recommends that the City Council consider authorizing the City Manager to enter into a funding agreement with the MPWMD to accept a $500,000 grant allocation for the Olivier Street Stormwater Diversion Project.

This state funding supports the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1), providing funds to assist grantees in financing applicable projects included in an adopted Integrated Regional Water Management Plan (IRWM Plan), pursuant to California Water Code Section 79740 et. seq. (Chapter 7, Regional Water Security, Climate, and Drought Preparedness). The grant will be implemented in accordance with the Work Plans within Grant Agreement Exhibit A (Attachment 2).

Recent Local Grant Funding to Further Project Development On October 17, 2022, the MPWMD approved a City grant application for the Olivier Diversion Project in the amount of $25,000, for which the City Council accepted the grant in December 2022 (Reso. No. 22-153). The work funded by the MPWMD grant allowed the City to gain survey clarification on existing structures and utility locations, existence of utility easements, and information about adjacent properties in the vicinity.

Diverting Urban Drainage for Treatment, Water Recycling, and Water Supply The Project will divert urban drainage from the Lighthouse Tunnel and downtown (currently discharging untreated to the Harbor/Monterey Bay) to an existing City sanitary sewer utility for treatment at the Monterey One Water Regional Treatment Plant. Current estimates identify that this diversion project has the potential to capture an average of approximately 10-12 acre-feet of source water in any given year (more or less, depending on hydrologic conditions) for water recycling when demand exists and will also reduce untreated discharges into the Monterey Bay, annually. Along with all other water capture opportunities in place and under development, the Project will augment the regional water supply in the long term.

At present, the project has a concept design. The Project necessitates further design, environmental review, permitting, bidding, and construction. To assist with furthering its design, the City released an Urban Diversion RFP in October 2023, and anticipates returning to Council for contract award consideration in the new year. The project also falls within the Coastal Zone Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 4, Packet Page 53 and is anticipated to necessitate a development permit or waiver. Staff will return to Council with a project CEQA determination for consideration prior to outside agency review.

Per the attached $1,488,961 Grant Agreement #4600015397 (Attachment 2) between the DWR and the MPWMD, the MPWMD was awarded the total grant funding requested for multiple projects in the Monterey Peninsula region. This award includes $500,000 for the City to implement the approximate $1.025 million, 3.5-year Olivier Street Stormwater Diversion-ToSewer project. The grant requires a 50% match, for which the City may incur up to $500,000 over the term of the project, as project costs necessitate. The proposed action is to appropriate $500,000 in CIP-State Funding Source Funds to the Olivier Street Stormwater Diversion Project (CIP2416) in the Capital Improvement Program.

Below is the Budget Estimate within the Grant Agreement (Attachment 2).

Staff Recommendation in Summary
Therefore, staff recommends that the City Council adopt the attached resolution:

Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 5, Packet Page 54 This appropriation is funded by a California Department of Water Resources allocation to the MPWMD with the City as a local implementing agency subgrantee. (TW/ss)
Attachments: 1. Resolution

2. Grant Agreement
e: Andrew Easterling, P.E., City Engineer
Thomas Harty, P.E., Senior Engineer
Maureen Hamilton, District Engineer, MPWMD
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. 8., Item Page 6, Packet Page 55 RESOLUTION NO. __-___ C.S.

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

AUTHORIZE THE CITY MANAGER TO ENTER INTO A FUNDING AGREEMENT WITH THE

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT (MPWMD) TO ACCEPT A GRANT IN THE AMOUNT OF $500,000, AUTHORIZE AND DESIGNATE A

REPRESENTATIVE FOR THE OLIVIER STREET STORMWATER DIVERSION PROJECT, AND AUTHORIZE AN INCREASE OF FY24 REVENUE IN THE CIP-STATE FUNDING

SOURCE FUND AND EXPENDITURE APPROPRIATION TO THE OLIVIER STREET STORMWATER DIVERSION PROJECT (CIP2416) IN THE CAPITAL PROJECTS FUND WHEREAS, The Olivier Street Stormwater Diversion Project (formerly known as the Monterey Tunnel Diversion Project) was identified in the Neighborhood and Community Improvement Program (NCIP) Water Recovery Study, further prioritized for concept design in the Monterey Peninsula Stormwater Resource Plan (SRP) effort, and in 2019 incorporated into the Monterey Peninsula Integrated Regional Watershed Management (IRWM) Plan as a regional water recovery opportunity among other priority capture and recovery projects with water recycling, water supply, and water quality benefits to the City and region; WHEREAS, In September 2022 the Olivier Street Stormwater Diversion Project was selected by the Monterey Peninsula Integrated Regional Water Management (IRWM) Management Group to be one of two priority regional projects selected to seek State Proposition 1 IRWM Implementation Round 2 Grant funding. MPWMD subsequently applied for, with the City and Monterey County as local implementing agencies and subgranttees, a regional IRWM Grant with application submittal to the DWR in February 2023, and was awarded the requested $1,488,961 grant request in full. In October 2023, the MPWMD and DWR executed Grant Agreement 4600015397, within which $500,000 is allocated to the City to complete the development and implementation of the Olivier Street Stormwater Diversion Project; WHEREAS, For grant reimbursement, the City Council is authorizing the City Manager to enter into a funding agreement with the MPWMD to accept a $500,000 grant allocation for the Olivier Street Stormwater Diversion Project, authorizing and designating a representative for the Olivier Street Stormwater Diversion Project, and increase FY24 revenue into CIP2416 Olivier Street Stormwater Diversion Project.

WHEREAS, The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15306, Class 6) because the project proposes a stormwater diversion project (Olivier Street Stormwater Diversion Project, formerly known as the Monterey Tunnel Diversion Project), which will proceed at the concept design stage in the Monterey Peninsula Stormwater Resource Plan (SRP) effort and in 2019 incorporated was into the Monterey Peninsula Integrated Regional Watershed Management (IRWM) Plan as a regional water recovery opportunity with water recycling, water supply, and water quality benefits to the City and region. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 7, Packet Page 56 2 Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may have impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.

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 project involves concept design for a stormwater diversion project, which would not result in a cumulative impact.

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 as the project at this stage involves only concept design.

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 involves concept design; therefore, would not result in any improvements that are 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 involves concept design for a stormwater diversion project; therefore, at this stage no impacts to historical or archeological resources are anticipated.

Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

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

1. Authorizing the City Manager to enter into a funding agreement with the Monterey Peninsula Water Management District (MPWMD) to accept a $500,000 grant/allocation for the Olivier Street Stormwater Urban Diversion Project (“Project”);

2. Authorizing and Designating the City Manager, or their designee, to represent the City of Monterey in carrying out the City’s responsibilities under the funding agreement, Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 8, Packet Page 57 3 including certifying invoices and disbursement requests for Project costs on behalf of the City and compliance with applicable state and federal laws; and,

This appropriation is funded by a California Department of Water Resources allocation to the MPWMD with the City as a as a local implementing agency subgrantee.

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. 8., Item Page 9, Packet Page 58

GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA
(DEPARTMENT OF WATER RESOURCES) AND

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
AGREEMENT NUMBER 4600015397
PROPOSITION 1 ROUND 2 INTEGRATED REGIONAL WATER MANAGEMENT (IRWM)

IMPLEMENTATION GRANT
THIS GRANT AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" or “DWR,” and the Monterey Peninsula Water Management District, a public agency, in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Grantee," which parties do hereby agree as follows:
1) PURPOSE. The State shall provide funding from the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1) to the Grantee to assist in financing the projects, which are included in and implemented in an adopted Integrated Regional Water Management Plan (IRWM Plan), pursuant to Chapter 7. Regional Water Security, Climate, and Drought Preparedness (Wat. Code, § 79740 et seq.). The provision of State funds pursuant to this Agreement shall be construed or interpreted to mean that the IRWM Plan, or any components of the IRWM Plan, implemented in accordance with the Work Plan as set forth in Exhibit A, has been adopted through the IRWM Plan Review Process, and is/are consistent with Water Code section 10530 et seq.
2) TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on May 6, 2023, through final payment plus three (3) years unless otherwise terminated or amended as provided in this Grant Agreement. However, all work shall be completed by December 31, 2027, in accordance with the Schedule as set forth in Exhibit C and no funds may be requested after March 31, 2028. 3) GRANT AMOUNT. The maximum amount payable by the State under this Grant Agreement shall not exceed $1,488,961.
4) GRANTEE COST SHARE. The Grantee is required to provide a Local Cost Share (non-state funds) as set forth in Exhibit B (Budget). Local Cost Share may include Eligible Project Costs directly related to Exhibit A incurred after January 1, 2015.
5) BASIC CONDITIONS. The State shall have no obligation to disburse money for the Project(s) under this Grant Agreement until the Grantee has satisfied the following conditions (if applicable):

A. The Grantee shall demonstrate compliance with all eligibility criteria as set forth on pages 9-11, inclusive, of the 2022 IRWM Grant Program Guidelines (2022 Guidelines).

B. For the term of this Agreement, the Grantee shall submit Quarterly Progress Reports which must accompany an invoice ($0 Invoices are acceptable) and all invoice backup documentation. The Quarterly Progress Report shall be submitted within 60 days following the end of the calendar quarter (i.e., reports due May 30, August 29, November 29, and March 1) and all other deliverables as required by Paragraph 14, “Submission of Reports” and Exhibit A, “Work Plan”.

C. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State.
i. Final plans and specifications certified, signed and stamped by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreement. ii. Work that is subject to the California Environmental Quality Act (CEQA) (including final land purchases) shall not proceed under this Grant Agreement until the following actions are performed:
a) The Grantee submits to the State all applicable permits, as indicated on the Environmental Information Form to the State,

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b) All documents that satisfy the CEQA process are received by the State, c) The State has completed its CEQA process as a Responsible Agency, and d) The Grantee receives written notification from the State of concurrence with the Lead Agency’s CEQA documents (s) and State’s notice of verification of permit submittal.

The State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, the State will consider the environmental documents and decide whether to continue to fund the project, or to require changes, alterations, or other mitigation. Proceeding with work subject to CEQA prior to the State’s concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ implementation. iii. A monitoring plan as required by Paragraph 16, “Monitoring Plan Requirements,” if applicable. 6) DISBURSEMENT OF FUNDS. The State will disburse to the Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Grant Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations, or which may require any rebates to the federal government, or any loss of tax-free status on state bonds, pursuant to any federal statute or regulation.

Any and all money disbursed to the Grantee under this Grant Agreement shall be deposited in a noninterest-bearing account and shall be used solely to pay Eligible Project Costs. 7) ELIGIBLE PROJECT COST. The Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B, “Budget”. Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition and associated legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction. Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Costs incurred after the May 5, 2023, may be eligible for reimbursement.

Costs that are not eligible for reimbursement include, but are not limited to, the following items:

A. Costs, other than those noted above, incurred prior to the award date of this Grant.

B. Costs for preparing and filing a grant application.

C. Operation and maintenance costs, including post construction performance and monitoring costs.

D. Purchase of equipment that is not an integral part of a project.

E. Establishing a reserve fund.

F. Purchase of water supply.

G. Replacement of existing funding sources (e.g., bridge loans).

H. Meals, food items, or refreshments.

I. Payment of any punitive regulatory agency requirement, federal or state taxes.

J. Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of a project, as set forth and detailed by engineering and feasibility studies, or acquisition of land by eminent domain.

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K. Indirect Costs. “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the funded project (i.e., costs that are not directly related to the funded project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Grantee or LPSs; non-project-specific accounting and personnel services performed within the Grantee’s or LPS’ organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-projectspecific facilities; tuition and conference fees; forums, trainings, and seminars; and, generic overhead or markup. This prohibition applies to the Grantee, LPSs, and any subcontract or sub-agreement for work on the Project that will be reimbursed pursuant to this Agreement.

L. Mitigation for environmental impacts not resulting from implementation of the Project funded by this program.

M. Costs incurred as part of any necessary response and cleanup activities required under the Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act; Hazardous Substances Account Act; or other applicable law. 8) METHOD OF PAYMENT. After the disbursement requirements in Paragraph 5, “Basic Conditions” are met, the State will disburse the whole or portions of State funding to the Grantee, following receipt from the Grantee of an electronic invoice certified and transmitted via electronic/digital signature system (e.g., DocuSign) or via US mail or Express mail delivery of a “wet signature” for costs incurred, including Local Cost Share, and timely Quarterly Progress Reports as required by Paragraph 14, “Submission of Reports.” Payment will be made no more frequently than quarterly in arrears, upon receipt of an invoice bearing the Grant Agreement number. Quarterly Progress Report must accompany an invoice ($0 Invoices are acceptable) and shall be submitted within 60 days following the end of the calendar quarter (i.e. invoices due May 30, August 29, November 29, and March 1). The State will notify the Grantee, in a timely manner, whenever, upon review of an invoice, the State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to the State. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to the State to cure such deficiency(ies). If the Grantee fails to submit adequate documentation curing the deficiency(ies), the State will adjust the pending invoice by the amount of ineligible or unapproved costs.

Invoices submitted by the Grantee shall include the following information:

A. Costs incurred for work performed in implementing the Project during the period identified in the particular invoice.

B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for a project during the period identified in the particular invoice for the implementation of a project.

C. Invoices shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoices shall contain the date of the invoice, either the time period covered by the invoice or the invoice date received within the time period covered, and the total amount due. ii. Invoices shall be itemized based on the categories (i.e., tasks) specified in Exhibit B, “Budget.” The amount claimed for salaries/wages/consultant fees shall include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). iii. One set of sufficient evidence (i.e., receipts, copies of checks, personnel hours’ summary table, time sheets) shall be provided for all costs included in the invoice. iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State’s funding amount, as depicted in Paragraph 3, “Grant Amount” and those costs that represent the Grantee’s costs, as applicable, in Paragraph 4, “Grantee Cost Share.”

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v. Original signature and date of the Grantee’s Project Representative. Submit an electronic invoice, certified and transmitted via electronic/digital signature system (e.g., DocuSign), from authorized representative to the Project Manager or the original “wet signature” copy of the invoice form to the Project Manager at the following address: P.O. Box 942836 Sacramento, CA 94236.

All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., cost share). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder plus interest. Additionally, the State may request an audit pursuant to Standard Condition D.5 and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572-1573; Pen. Code, §§ 470, 487-489.)
9) ADVANCED PAYMENT. Water Code section 10551 authorizes advanced payment by the State for projects included and implemented in an applicable Integrated Regional Water Management Plan, and when the project proponent is a nonprofit organization; a disadvantaged community (DAC); or the project benefits a DAC. If a project is awarded less than $1,000,000 in grant funds, the project proponent may receive an advanced payment of fifty (50) percent of the grant award; the remaining fifty (50) percent of the grant award will be reimbursed in arrears after the advanced funds of a budget category have been fully expended. Within ninety (90) calendar days of execution of the Grant Agreement, the Grantee may provide the State an Advanced Payment Request. Advanced Payment Requests received ninety-one (91) calendar days after the execution of this Agreement will not be eligible to receive an advanced payment.

The Advanced Payment Request shall contain the following:

A. Documentation demonstrating that each Local Project Sponsor (if different from the Grantee, as listed in Exhibit I) was notified about their eligibility to receive an advanced payment and a response from the Local Project Sponsor stating whether it wishes to receive the advanced payment or not.

B. If the Grantee is requesting the advanced payment, the request(s) shall include:
i. Descriptive information of each project with an update on project status. ii. The names of the entities that will receive the funding for each project, including, but not limited to, an identification as to whether the project proponent or proponents are nonprofit organizations or a DAC, or whether the project benefits a DAC.
iii. A detailed Funding Plan which includes how the advanced payment will be expended (in terms of workplan, budget, and schedule) within the timeframe agreed upon by DWR and the Grantee. The Funding Plan must clearly identify the total budget (at Budget Category Level) for each project clearly showing the portion of advanced payment and reimbursement funds. iv. Any other information that DWR may deem necessary.

C. Upon review and approval of the Advanced Payment Request, DWR will authorize payment of the fully requested amount for the qualified project(s). Based on the project’s Funding Plan and other considerations, DWR may determine it is not prudent to advance the full request in a single disbursement. In such a case, DWR will develop a “Disbursement Schedule,” to disburse funds in installments. This Disbursement Schedule may change based on the project’s ongoing compliance with the Advanced Payment requirements and the project’s cash flow needs.

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D. Once DWR authorizes the Advanced Payment Request, the Grantee shall submit Advanced Payment Invoice(s) for the initial amount based on the “Disbursement Schedule” on behalf of the LPS(s), containing the request for each qualified project, to the State with signature and date of the Grantee’s Project Representative, as indicated in Paragraph 21, “Project Representative.” The Grantee shall be responsible for the timely distribution of the advanced funds to the respective LPS(s). The Advanced Payment Invoice(s) shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoice shall contain the date of the invoice, the time period covered by the invoice, and the total amount due.
ii. Invoice shall be itemized based on the budget categories specified in Exhibit B, “Budget.” iii. The State Project Manager will notify the Grantee, in a timely manner, when, upon review of an Advance Payment Invoice, the State determines that any portion or portions of the costs claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). iv. On a quarterly basis, the Grantee will submit an Accountability Report to the State that demonstrates how actual expenditures compare with the scheduled budget. The Accountability Report shall include the following information:

1. An itemization of how advanced funds have been spent to-date (Expenditure Report), including documentation that supports the disbursements (e.g., contractor invoices, receipts, personnel hours, etc.). Accountability Reports shall be itemized based on the budget categories (i.e., tasks) specified in Exhibit B.

2. An updated Accountability Report including an updated Funding Plan that depicts how the remaining advanced funds will be expended and the activities and deliverables associated with the advanced funds within the timeframe agreed upon by DWR and the Grantee when the advanced payment request was approved.

3. Documentation that the funds were placed in a non-interest bearing account, including the dates of deposits and withdrawals from that account.

4. Proof of distribution of advanced funds to LPS(s), if applicable. v. The State’s Project Manager will notify the Grantee, in a timely manner, when, upon review of the Accountability Report, the State determines that any portion of the expenditures claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). If costs are not consistent with the tasks in Exhibit A, the State will reject the claim and remove them from the Accountability Report.

E. Once the Grantee has spent all advanced funds in a budget category, then the method of payment will revert to the reimbursement process for that budget category specified in Paragraph 8, “Method of Payment for Reimbursement.”
10) REPAYMENT OF ADVANCES. The State may demand repayment from the Grantee of all or any portion of the advanced State funding along with interest at the California general obligation bond interest rate at the time the State notifies the Grantee, as directed by the State, and take any other action that it deems necessary to protect its interests for the following conditions:

A. A project is not being implemented in accordance with the provisions of the Grant Agreement.

B. The Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State’s satisfaction.

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C. Failure by the Grantee to submit complete and accurate quarterly Accountability Reports by the required due dates, unless otherwise approved by DWR.

D. Failure to deposit funds in a non-interest-bearing account.

E. Use of Advance Payment funds for ineligible expenses and/or activities not consistent with this Agreement.

F. Inappropriate use of funds, as deemed by DWR.

G. Repayment amounts may also include:
i. Actual costs incurred which are not consistent with the activities presented in Exhibit A, not supported, or are ineligible.
ii. Advanced funds which are not fully expended by project completion, notwithstanding Water Code section 10551(c)(4). Unused grant funds shall be returned to DWR within sixty (60) calendar days.

Any repayment of advanced funds may consist of reducing the amount from future reimbursement invoices. The State may consider the Grantee’s refusal to repay the requested advanced amount a material breach of this Agreement subject to the default provisions in Paragraph 12, “Default Provisions.” If the State notifies the Grantee of its decision to demand repayment or withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the Grantee and the State shall no longer be required to provide funds under this Agreement. 11) WITHHOLDING OF DISBURSEMENTS BY THE STATE. If the State determines that a project is not being implemented in accordance with the provisions of this Grant Agreement, or that the Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State’s satisfaction, the State may withhold from the Grantee all or any portion of the State funding and take any other action that it deems necessary to protect its interests.

Where a portion of the State funding has been disbursed to the Grantee and the State notifies the Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 12, “Default Provisions,” the portion that has been disbursed shall thereafter be repaid immediately with interest at the California general obligation bond interest rate at the time the State notifies the Grantee, as directed by the State. The State may consider the Grantee’s refusal to repay the requested disbursed amount a material breach subject to the default provisions in Paragraph 12, “Default Provisions.” If the State notifies the Grantee of its decision to withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the Grantee and the State shall no longer be required to provide funds under this Grant Agreement and the Grant Agreement shall no longer be binding on either party.
12) DEFAULT PROVISIONS. The Grantee shall be in default under this Grant Agreement if any of the following occur:

A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other Agreement between the Grantee and the State evidencing or securing the Grantee’s obligations.

B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement.

C. Failure to operate or maintain the Project in accordance with this Grant Agreement.

D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Standard Condition D.5.

E. Failure to submit quarterly progress reports pursuant to Paragraph 5.

F. Failure to routinely invoice the State pursuant to Paragraph 8.

G. Failure to meet any of the requirements set forth in Paragraph 13, “Continuing Eligibility.”

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Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via firstclass mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following:

A. Declare the funding be immediately repaid, with interest, which shall be equal to State of California general obligation bond interest rate in effect at the time of the default.

B. Terminate any obligation to make future payments to the Grantee.

C. Terminate the Grant Agreement.

D. Take any other action that it deems necessary to protect its interests.

In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.
13) CONTINUING ELIGIBILITY. The Grantee shall meet the following ongoing requirement(s) and all eligibility criteria outlined in the 2022 Guidelines to remain eligible to receive State funds:

A. An urban water supplier that receives grant funds pursuant to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Wat. Code, § 10610 et seq.) and Sustainable Water Use and Demand Reduction (Wat. Code, § 10608 et seq.) as set forth on page 11 of the 2022 Guidelines and as stated on page 24 of the 2022 IRWM Implementation Grant Proposal Solicitation Package.

B. An agricultural water supplier receiving grant funds shall comply with Sustainable Water Use and Demand Reduction requirements outlined in Water Code section 10608, et seq. and have their Agricultural Water Management Plan (AWMP) deemed consistent by DWR. To maintain eligibility and continue funding disbursements, an agricultural water supply shall have their 2015 AWMP identified on the State’s website. For more information, visit the website listed in Appendix A in the 2022 Guidelines.

C. A surface water diverter receiving grant funds shall maintain compliance with diversion reporting requirements as outlined in Water Code section 5100 et. seq.

D. If applicable, the Grantee shall demonstrate compliance with the Sustainable Groundwater Management Act (SGMA) set forth on page 10 of the 2022 Guidelines.

E. If the Grantee has been designated as a monitoring entity under the California Statewide Groundwater Elevation Monitoring (CASGEM) Program, the Grantee shall maintain reporting compliance, as required by Water Code section 10932 and the CASGEM Program.

F. The Grantee shall adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Wat. Code, § 12406, et seq.) for data sharing, transparency, documentation, and quality control.

G. On March 4, 2022, the Governor issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. The EO may be found at:
https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under State law. The EO directs DWR to terminate funding agreements with, and to refrain from entering any new agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine that the Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at

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least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
14) SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Grant Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to the State. All reports shall be submitted to the State’s Project Manager and shall be submitted via the DWR “Grant Review and Tracking System” (GRanTS). If requested, the Grantee shall promptly provide any additional information deemed necessary by the State for the approval of reports.

Reports shall be presented in the formats described in the applicable portion of Exhibit F, “Report Formats and Requirements.” The timely submittal of reports is a requirement for initial and continued disbursement of State funds. Submittal and subsequent approval by the State of a Project Completion Report is a requirement for the release of any funds retained for such project.

A. Quarterly Progress Reports: The Grantee shall submit quarterly Progress Reports to meet the State’s requirement for disbursement of funds. Progress Reports shall be uploaded via GRanTS, and the State’s Project Manager notified of upload. Progress Reports shall, in part, provide a brief description of the work performed, the Grantee’s activities, milestones achieved, any accomplishments and any problems encountered in the performance of the work under this Grant Agreement during the reporting period. The first Progress Report must accompany an invoice ($0 Invoices are acceptable) and shall be submitted within 60 days following the end of the calendar quarter (i.e. invoices due May 30, August 29, November 29, and March 1).

B. Accountability Report: The Grantee shall prepare and submit to the State an Accountability Report on a quarterly basis if the Grantee received an advanced payment, consistent with the provisions in Paragraph 9, “Advanced Payment.”
C. Project Completion Report: The Grantee shall prepare and submit to the State a separate Project Completion Report for each project included in Exhibit A. The Grantee shall submit a Project Completion Report (or a Component Completion Report, if a Project has multiple Components) within ninety (90) calendar days of Project/Component completion as outlined in Exhibit F.

D. Grant Completion Report: Upon completion of all the Projects included in Exhibit A, the Grantee shall submit to the State a Grant Completion Report. The Grant Completion Report shall be submitted within ninety (90) calendar days of submitting the Completion Report for the final project to be completed under this Grant Agreement, as outlined in Exhibits A, and F. Retention for any grant administration line items in the Budget of this Grant Agreement will not be disbursed until the Grant Completion Report is approved by the State.

E. Post-Performance Reports: The Grantee shall prepare and submit to the State Post-Performance Reports for the applicable project(s). Post-Performance Reports shall be submitted to the State within ninety (90) calendar days after the first operational year of a project has elapsed. This record keeping and reporting process shall be repeated annually for a total of three (3) years after the project begins operation.
15) OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by the State, the Grantee agrees to ensure or cause to be performed the commencement and continued operation of the project, and shall ensure or cause the project to be operated in an efficient and economical manner; shall ensure all repairs, renewals, and replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such maintenance, management, or operation. The Grantee or their successors may, with the written approval of the State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Grant Agreement, “useful life” means period during which an asset, property, or activity is expected to be usable for the purpose it was acquired or implemented; “operation costs” include direct costs incurred for

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material and labor needed for operations, utilities, insurance, and similar expenses, and “maintenance costs” include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. Refusal by the Grantee to ensure operation and maintenance of the projects in accordance with this provision may, at the option of the State, be considered a breach of this Grant Agreement and may be treated as default under Paragraph 12, “Default Provisions.” 16) MONITORING PLAN REQUIREMENTS. A Monitoring Plan shall be submitted to the State prior to disbursement of State funds for construction or monitoring activities. The Monitoring Plan should incorporate Post-Performance Monitoring Report requirements as defined and listed in Exhibit F, and follow the guidance provided in Exhibit L, “Project Monitoring Plan Guidance.” 17) STATEWIDE MONITORING REQUIREMENTS. The Grantee shall ensure that all groundwater projects and projects that include groundwater monitoring requirements are consistent with the Groundwater Quality Monitoring Act of 2001 (Water Code § 10780 et seq.) and, where applicable, that projects that affect water quality shall include a monitoring component that allows the integration of data into statewide monitoring efforts, including where applicable, the Surface Water Ambient Monitoring Program carried out by the State Water Resources Control Board. See Exhibit G for web links and information regarding other State monitoring and data reporting requirements.
18) NOTIFICATION OF STATE. The Grantee shall promptly notify the State, in writing, of the following items:

A. Events or proposed changes that could affect the scope, budget, or work performed under this Grant Agreement. The Grantee agrees that no substantial change in the scope of a project will be undertaken until written notice of the proposed change has been provided to the State and the State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget.

B. Any public or media event publicizing the accomplishments and/or results of this Grant Agreement and provide the opportunity for attendance and participation by the State’s representatives. The Grantee shall make such notification at least fourteen (14) calendar days prior to the event.

C. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Grantee agrees that all work in the area of the find shall cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Grantee agrees to implement appropriate actions as directed by the State.

D. The initiation of any litigation or the threat of litigation against the Grantee or an LPS regarding the Project or which may affect the Project in any way.

E. Applicable to construction projects only: Final inspection of the completed work on a project by a Registered Professional (Civil Engineer, Engineering Geologist, or other State approved certified/licensed Professional), in accordance with Exhibit D. The Grantee shall notify the State’s Project Manager of the inspection date at least fourteen (14) calendar days prior to the inspection in order to provide the State the opportunity to participate in the inspection. 19) NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means:

A. By delivery in person.

B. By certified U.S. mail, return receipt requested, postage prepaid.

C. By “overnight” delivery service; provided that next-business-day delivery is requested by the sender.

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 18, Packet Page 67 Grant Agreement No. 4600015397

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D. By electronic means.

E. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U.S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the addresses listed below. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below. 20) PERFORMANCE EVALUATION. Upon completion of this Grant Agreement, the Grantee’s performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the Grantee.
21) PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement are as follows:

Department of Water Resources Monterey Peninsula Water Management District Arthur Hinojosa
Manager, Division of Regional Assistance
P.O. Box 942836
Sacramento, CA 94236
Phone: (916) 902-6713
Email: [email protected]
David J. Stoldt
General Manager
P.O. Box 85
Monterey, CA 93942
Phone: (831)658-5600
Email: [email protected]

Direct all inquiries to the Project Manager:

Department of Water Resources Monterey Peninsula Water Management District Desiree Ramirez
Senior Environmental Scientist
P.O. Box 942836
Sacramento, CA 94236
Phone: (916) 902-6952
Email: [email protected]
Maureen Hamilton
District Engineer
P.O. Box 85
Monterey, CA 93942
Phone: (831)658-5622
Email: [email protected]
Either party may change its Project Representative or Project Manager upon written notice to the other party.
22) STANDARD PROVISIONS. This Grant Agreement is complete and is the final Agreement between the parties. The following Exhibits are attached and made a part of this Grant Agreement by this reference:

Exhibit A – Work Plan
Exhibit B – Budget
Exhibit C – Schedule
Exhibit D – Standard Conditions
Exhibit E – Authorizing Resolution
Exhibit F – Report Formats and Requirements
Exhibit G – Requirements for Data Submittal

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 19, Packet Page 68 Grant Agreement No. 4600015397

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Exhibit H – State Audit Document Requirements and Cost Share Guidelines for the Grantee Exhibit I – Local Project Sponsors and Project Locations Exhibit J – Appraisal Specifications
Exhibit K – Information Needed for Escrow Processing and Closure Exhibit L – Project Monitoring Plan Guidance
Exhibit M – Invoice Guidance for Administrative and Overhead Charges IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement.

STATE OF CALIFORNIA

DEPARTMENT OF WATER RESOURCES

MONTEREY PENINSULA WATER

MANAGEMENT DISTRICT
Arthur Hinojosa
Manager, Division of Regional Assistance
David J. Stoldt
General Manager
Date Date

Approved as to Legal Form and Sufficiency
____________________________
Robin Brewer
Assistant General Counsel,
Office of the General Counsel
Date___________________________

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 20, Packet Page 69 Grant Agreement No. 4600015397

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EXHIBIT A

WORK PLAN
PROPOSITION 1 ROUND 2 MONTEREY PENINSULA, CARMEL BAY, SOUTH MONTEREY BAY IRWM

IMPLEMENTATION GRANT
Grant Administration
IMPLEMENTING AGENCY: Monterey Peninsula Water Management District (Grantee) PROJECT DESCRIPTION: The Grantee will administer these funds and respond to DWR’s reporting and compliance requirements associated with the grant administration. This Grantee will act in a coordination role: disseminating grant compliance information to the project managers responsible for implementing the projects contained in this agreement, obtaining and retaining evidence of compliance (e.g., CEQA/NEPA documents, reports, monitoring compliance documents, labor requirements, etc.), obtaining data for progress reports from individual project managers, assembling and submitting progress reports to the State, and coordinating all invoicing and payment of invoices.

Budget Category (a): Project Administration
Task 1: Agreement Administration
The Grantee will respond to DWR’s reporting and compliance requirements associated with the grant administration and will coordinate with the project managers responsible for implementing the projects contained in this Agreement.

Task 2: Invoicing
The Grantee will be responsible for compiling invoices for submittal to DWR. This includes collecting invoice documentation from each of the Local Project Sponsors and compiling the information into a DWR Invoice Packet.

Deliverables:
x Quarterly Invoices and associated backup documentation Task 3: Reporting
The Grantee will be responsible for compiling progress reports for submittal to DWR. The Grantee will coordinate with Local Project Sponsor staff to retain consultants as needed to prepare and submit progress reports and final project completion reports for each project, as well as the grant completion report.

Reports will meet generally accepted professional standards for technical reporting and the requirements terms of the contract with DWR outlined in Exhibit F of this Agreement.

Deliverables:
x Quarterly Progress Reports
x Grant Completion Report

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 21, Packet Page 70 Grant Agreement No. 4600015397

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PROJECT 1: Carmel River Floodplain Restoration and Environmental Enhancement Project (CRFREE) IMPLEMENTING AGENCY: County of Monterey
PROJECT DESCRIPTION: The Floodplain Restoration Component of the CRFREE Project will restore approximately 92 acres of floodplain and install native habitat plants on the restored land. The floodplain restoration work will involve grading, creating managed flood conveyance channels, planting, and irrigation near State Route 1 (SR 1) on property owned by Big Sur Land Trust (BSLT) and Monterey Peninsula Regional Parks District (MPRPD). The owner of Project land, Big Sur Land Trust (BSLT), will provide postconstruction access to Ohlone Costanoan Esselen Nation and Esselen Tribe of Monterey County members to collect native materials for cultural purposes.

Additionally, approximately 23 acres of land in the south Carmel River floodplain east of SR 1 will be elevated above the 100-year floodplain to create an agricultural preserve. The agricultural preserve land was historically in agricultural use and was donated for the land’s restoration and preservation.

Budget Category (a): Project Administration
Task 1: Project Management
Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with IRWM regional manager. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Deliverables:
x Invoices and associated backup documentation
Task 2: Reporting
Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR.

Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager’s comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F.

Deliverables:
x Quarterly Project Progress Reports
x Project Completion Report
x Documentation (e.g., photo) of “Acknowledgment of Credit & Signage” per Standard Condition D.2 Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
Approximately 79 acres of floodplain land were donated by the Eastwood Foundation in 2016, valued at $2 million. Easements for project area land owned by Big Sur Land Trust, Eastwood Family, and State Parks have been appraised at a value of $207,100. The easements are expected to be donated to the Project in 2024.

Deliverables:
x Documentation supporting property value

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 22, Packet Page 71 Grant Agreement No. 4600015397

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x All relevant documentation regarding property ownership transfer or acquisition of easement including final recorded deed, title report, etc.

Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Not applicable to the project.

Deliverables: N/A
Task 5: CEQA Documentation
An Environmental Impact Report was filed for this project with the California State Clearinghouse in January 2020. Prepare a letter stating no legal challenges (or addressing legal challenges).

Deliverables:
x All completed CEQA documents as required
x Legal Challenges Letter
Task 6: Permitting
The following permits have been acquired for this project: U.S. Army Corps of Engineers Clean Water Act Section 404 Permit; U.S. Fish and Wildlife Service (FWS) Federal Endangered Species Act Section 7 Permit; National Marine Fisheries Service Federal Endangered Species Act Section 7 Permit; Natural Resource Conservation Service Farmland Conversion Impact Rating Form AD 1006; U.S. FWS Section 106 of the National Historic Preservation Act compliance; U.S. FWS Native American Consultation; California Regional Water Quality Control Board Clean Water Act Section 401 Permit; County of Monterey Administrative Design Approval ; and the Monterey Peninsula Water Management District River Work Permit.

The following permits are anticipated to be acquired for this project: Federal Emergency Management Agency Approval; California Coastal Commission Coastal Development Permit; California Department of Fish and Wildlife (CDFW) Section 1602 Streambed Alteration Agreement; California Department of Parks and Recreation Right-of-Entry Permit; Monterey Peninsula Regional Park District Temporary Construction Easement; County of Monterey Grading Permit
Deliverables:
x Permits as required
Task 7: Design
County of Monterey will complete final design of the east floodplain restoration component of the CRFREE project.

Deliverables:
x Basis of Design Report
x 100% Design Plans and Specifications for East Floodplain Restoration Work Task 8: Project Monitoring Plan
Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR’s review and approval.

Deliverables:
x Project Monitoring Plan

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 23, Packet Page 72 Grant Agreement No. 4600015397

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Budget Category (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D.11 – Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed.

Deliverables:
x Bid Documents
x Proof of Advertisement
x Award of Contract
x Notice to Proceed
Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project.

Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR. County of Monterey Public Works staff will utilize an on-call Construction Management contractor to administer construction.

Deliverables:
x DWR Certificate of Project Completion
x Record Drawings
Task 11: Construction
Construction activities are outlined below.
11(a): Mobilization and Demobilization of equipment.
11(b): Site preparation will include removal of ruderal vegetation, fencing, and abandoned farming equipment.
11(c): Grading and creation of managed flood conveyance channels 11(d): Install native habitat plants on 92 acres of restored land and elevate 23 acres of land above the 100-year floodplain to create an agricultural preserve.

Deliverables:
x Photographic Documentation of Progress

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 24, Packet Page 73 Grant Agreement No. 4600015397

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PROJECT 2: Olivier Street Stormwater Diversion
IMPLEMENTING AGENCY: City of Monterey (City)
PROJECT DESCRIPTION: The project will reconfigure existing storm drain system and construct approximately 290 linear feet of new storm-drain pipe to divert urban drainage from an existing storm drain utility collection system (on Olivier Street) into a nearby sanitary sewer utility collection system for treatment.

The water will be added to City and regional sewer flows that are treated and will serve to augment the regional water supply. The project will provide approximately 15 acre-feet per year of recycled water supply.

Deliverables:
x Quarterly Project Progress Reports
x Project Completion Report
x Documentation (e.g., photo) of “Acknowledgment of Credit & Signage” per Standard Condition D.2 Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
Work is currently underway to clarify right-of-way requirements and status. Survey data are necessary to determine if the new diversion pipe alignment(s) linking the two utility systems would enter Monterey State Parks property. For this reason, it's anticipated a City sewer utility easement (or amendment to an existing easement) with State Parks may be necessary.

Deliverables:
x Documentation supporting property value (if purchased) x All relevant documentation regarding property ownership transfer or acquisition of easement including final recorded deed, title report, etc.

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 25, Packet Page 74 Grant Agreement No. 4600015397

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Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
The project was included in the Monterey Peninsula Regional Stormwater Resource Plan. As part of the Stormwater Resource Plan development, a 10% feasibility analysis was conducted for the project.

A 30% design, or Basis of Design, will be created and serve to inform CEQA work.

No further feasibility studies are anticipated for the project.

Deliverables:
x 10% Feasibility analysis
x 30% Design (Basis of Design)
Task 5: CEQA Documentation
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation.

Prepare a letter stating no legal challenges (or addressing legal challenges).

Deliverables:
x All completed CEQA documents
x Legal Challenges Letter
Task 6: Permitting
The following permits are anticipated to be acquired for this project: A Coastal Commission development permit or waiver is anticipated. If the diversion pipe alignment chosen would enter State property, a State Parks Right-of-Entry Permit is also necessary; survey work is currently underway to determine this aspect.

Depending on the final design details, a Building or Grading permit may be required if the City proposes to enter a State parcel for the project.

Deliverables:
x Permits as required
Task 7: Design
The 30% preliminary design establishes the project framework and will provide the overall project concept for use in the development of the final design, plans and specifications. Design of storm drain and sanitary sewer infrastructure shall conform to industry practices and adopted city standards Deliverables:
x 100% Design Plans and Specifications
Task 8: Project Monitoring Plan
Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR’s review and approval.

Deliverables:
x Project Monitoring Plan

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 26, Packet Page 75 Grant Agreement No. 4600015397

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Deliverables:
x DWR Certificate of Project Completion
x Record Drawings
Task 11: Construction
Construction activities include mobilizing material and equipment to construct improvements; reconfiguring existing storm drain system to connect to sanitary sewer including approximately 290 linear feet of new stormdrain pipe, manhole, and trash capture device; repairing roads and sidewalks; relocating private sanitary sewer lateral(s), if necessary; and demobilization.

Work shall be constructed in accordance with standard industry practices, following contract design specifications prepared by a licensed engineer and adhering to California Construction Safety Orders.

Deliverables:
x Photographic Documentation of Progress

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 27, Packet Page 76 Grant Agreement No. 4600015397

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EXHIBIT B
BUDGET
PROPOSITION 1 ROUND 2 MONTEREY PENINSULA, CARMEL BAY, SOUTH MONTEREY BAY IRWM

IMPLEMENTATION GRANT

AGREEMENT BUDGET SUMMARY
PROJECTS Grant
Amount
Required
Cost Share:

Non-State
Fund Source
Other Cost
Share
Total Cost
Required
Cost Share
%
Grant Administration $90,510 $0 $0 $90,510 N/A
1 Project 1: Carmel River Floodplain
Restoration and Environmental
Enhancement Project (CRFREE)
$898,451 $6,495,594 $5,622,143 $13,016,188 50%
2 Project 2: Olivier Street
Stormwater Diversion
$500,000 $525,000 $0 $1,025,000 50%
GRAND TOTAL $1,488,961 $7,020,594 $5,622,143 $14,131,698 Grant Administration
Implementing Agency: Monterey Peninsula Water Management District BUDGET CATEGORY Grant Amount
Required
Cost Share:

Non-State
Fund Source
Other Cost Share Total Cost
(a) Project Administration $90,510 $0 $0 $90,510
TOTAL COSTS $90,510 $0 $0 $90,510

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 28, Packet Page 77 Grant Agreement No. 4600015397

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PROJECT 1: Carmel River Floodplain Restoration and Environmental Enhancement Project (CRFREE)
Implementing Agency: County of Monterey
BUDGET CATEGORY Grant Amount
Required
Cost Share:

Non-State
Fund Source*
Other Cost
Share**
Total Cost
(a) Project Administration $0 $0 $0 $0
(b) Land Purchase / Easement $0 $2,000,000 $0 $2,000,000 (c) Planning / Design / Engineering /
Environmental Documentation $0 $0 $1,272,325 $1,272,325 (d) Construction / Implementation $898,451 $4,495,594 $4,349,818 $9,743,863 TOTAL COSTS $898,451 $6,495,594 $5,622,143 $13,016,188
NOTES:
* Required Cost Share fund source(s): Eastwood land donation to Big Sur Land Trust (BSLT), National Fish and Wildlife Foundation, and Federal Emergency Management Agency Hazard Mitigation Grant Program administered through the California Office of Emergency Services (FEMA HMGP/CALOES, Federal) **Other Cost Share fund source(s): Department of Water Resources (DWR) Flood Corridor, DWR Coastal Flood, DWR Urban Stream, Wildlife Conservation Board, California State Coastal Conservancy, 2022 California State Budget Act appropriation to Big Sur Land Trust through DWR, Cal Trans, BSLT Staff Time
PROJECT 2: Olivier Street Stormwater Diversion Project
Implementing Agency: City of Monterey
BUDGET CATEGORY Grant Amount
Required
Cost Share:

Non-State
Fund Source*
Other Cost Share Total Cost
(a) Project Administration $0 $0 $0 $0
(b) Land Purchase / Easement $0 $0 $0 $0
(c) Planning / Design / Engineering /
Environmental Documentation $150,000 $25,000 $0 $175,000 (d) Construction / Implementation $350,000 $500,000 $0 $850,000 TOTAL COSTS $500,000 $525,000 $0 $1,025,000
NOTES:
* Required Cost Share fund source(s): City Storm Water Utility Fund and City General Fund and Monterey Peninsula Water Management District local grant program

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 29, Packet Page 78 Grant Agreement No. 4600015397

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EXHIBIT C

SCHEDULE
PROPOSITION 1 ROUND 2 MONTEREY PENINSULA, CARMEL BAY, SOUTH MONTEREY BAY IRWM

IMPLEMENTATION GRANT
Grant Administration
BUDGET CATEGORY Start Date End Date
a Project Administration 07/01/2023 12/31/2027
PROJECT 1: Carmel River Floodplain Restoration and Environmental Enhancement Project (CRFREE)
BUDGET CATEGORY Start Date End Date
a Project Administration 01/01/2015 09/30/2027
b Land Purchase / Easement 01/01/2016 12/31/2023
c Planning / Design / Engineering / Environmental Documentation 01/01/2015 01/01/2024 d Construction / Implementation 03/01/2024 06/30/2027
PROJECT 2: Olivier Street Stormwater Diversion Project
BUDGET CATEGORY Start Date End Date
a Project Administration 9/1/2022 09/30/2027
b Land Purchase / Easement 09/01/2022 12/31/2026
c Planning / Design / Engineering / Environmental Documentation 09/01/2022 6/30/2026 d Construction / Implementation 07/01/2026 6/30/2027

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 30, Packet Page 79 Grant Agreement No. 4600015397

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EXHIBIT D

STANDARD CONDITIONS
D.1. ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:

A. Separate Accounting of Funding Disbursements: Grantee shall account for the money disbursed pursuant to this Grant Agreement separately from all other Grantee funds. Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts and disbursements on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times.

B. Disposition of Money Disbursed: All money disbursed pursuant to this Grant Agreement shall be deposited in a non-interest bearing account, administered, and accounted for pursuant to the provisions of applicable law.

C. Remittance of Unexpended Funds: Grantee shall remit to State any unexpended funds that were disbursed to Grantee under this Grant Agreement and were not used to pay Eligible Project Costs within a period of sixty (60) calendar days from the final disbursement from State to Grantee of funds or, within thirty (30) calendar days of the expiration of the Grant Agreement, whichever comes first.

D.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Grantee shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Grant Agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Grantee’s headquarters and shall include the Department of Water Resources color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Water Quality, Supply, and Infrastructure Improvement Act of 2014 and through an agreement with the State Department of Water Resources.” The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

D.3. AMENDMENT: This Grant Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law.

Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request. Requests solely for a time extension must be submitted at least 90 days prior to the work completion date set forth in Paragraph 2. Any other request for an amendment must be submitted at least 180 days prior to the work completion date set forth in Paragraph 2. State shall have no obligation to agree to an amendment.

D.4. AMERICANS WITH DISABILITIES ACT: By signing this Grant Agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

D.5. AUDITS: State reserves the right to conduct an audit at any time between the execution of this Grant Agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Grantee to conduct a final audit to State’s specifications, at Grantee’s expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant Agreement, and State may elect to pursue any remedies provided in Paragraph 12 or take any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State.

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 31, Packet Page 80 Grant Agreement No. 4600015397

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Pursuant to Government Code section 8546.7, the Grantee shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Grant Agreement with respect of all matters connected with this Grant Agreement, including but not limited to, the cost of administering this Grant Agreement. All records of Grantee or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement. If an audit reveals any impropriety, the Bureau of State Audits or the State Controller’s Office may conduct a full audit of any or all of the Grantee’s activities. Code, § 79708, subd. (b) D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Grant Agreement does not appropriate sufficient funds for this program, this Grant Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Grant Agreement. In this event, State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement. Nothing in this Grant Agreement shall be construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Grant Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Grant Agreement with no liability occurring to State, or offer a Grant Agreement amendment to Grantee to reflect the reduced amount.

D.7. CALIFORNIA CONSERVATION CORPS: Grantee may use the services of the California Conservation Corps or other community conservation corps as defined in Public Resources Code section 14507.5.

D.8. CEQA: Activities funded under this Grant Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Any work that is subject to CEQA and funded under this Agreement shall not proceed until documents that satisfy the CEQA process are received by the State’s Project Manager and the State has completed its CEQA compliance. Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the Grantee is not complete at the time the State signs this Agreement, once State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project; or to not fund the Project. Should the State decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 12, “Default Provisions.”
D.9. CHILD SUPPORT COMPLIANCE ACT: The Grantee acknowledges in accordance with Public Contract Code section 7110, that:

A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

D.10. CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Grantee’s knowledge of the claim.

State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution.

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 32, Packet Page 81 Grant Agreement No. 4600015397

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D.11. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee’s contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Grant Agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Grantee does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services’ State Contracting Manual rules must be followed and are available at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-ServicesResources-List-Folder/State-Contracting.

D.12. COMPUTER SOFTWARE: Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Grant Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

D.13. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws.

Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.

B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelvemonth period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.

C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.) D. Employees and Consultants to the Grantee: Individuals working on behalf of a Grantee may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes.

D.14. DELIVERY OF INFORMATION, REPORTS, AND DATA: Grantee agrees to expeditiously provide throughout the term of this Grant Agreement, such reports, data, information, and certifications as may be reasonably required by State.

D.15. DISPOSITION OF EQUIPMENT: Grantee shall provide to State, not less than thirty (30) calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within sixty (60) calendar days of receipt of such inventory State shall provide Grantee with a list of the items on the inventory that State will take title to. All other items shall become the property of Grantee. State shall arrange for delivery from Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by State.

D.16. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Grant Agreement, Grantee, its contractors or subcontractors hereby certify, under penalty of perjury under

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the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

A. Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355.

B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following:
i. The dangers of drug abuse in the workplace,
ii. Grantee’s policy of maintaining a drug-free workplace, iii. Any available counseling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations.

C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Grant Agreement:
i. Will receive a copy of Grantee’s drug-free policy statement, and ii. Will agree to abide by terms of Grantee’s condition of employment, contract or subcontract.

D.17. EASEMENTS: Where the Grantee acquires property in fee title or funds improvements to real property using State funds provided through this Grant Agreement, an appropriate easement or other title restriction providing for floodplain preservation and agricultural and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State.

Where the Grantee acquires an easement under this Agreement, the Grantee agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with State permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner.

Failure to provide an easement or other title restriction acceptable to the State may result in termination of this Agreement.

D.18. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED PROFESSIONAL: Upon completion of the Project, Grantee shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Grant Agreement.

D.19. GRANTEE'S RESPONSIBILITIES: Grantee and its representatives shall:

A. Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A and in accordance with Exhibits B and C.

B. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Grant Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in support of its request for funding.

C. Comply with all applicable California, federal, and local laws and regulations.

D. Implement the Project in accordance with applicable provisions of the law.

E. Fulfill its obligations under the Grant Agreement and be responsible for the performance of the Project.

F. Obtain any and all permits, licenses, and approvals required for performing any work under this Grant Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Grantee shall provide copies of permits and approvals to State.

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G. Be solely responsible for design, construction, and operation and maintenance of projects within the work plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Agreement.

H. Be solely responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work.

D.20. GOVERNING LAW: This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

D.21. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Grantee under this Agreement shall be paid by the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has been reimbursed by the State under this Agreement. The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

D.22. INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and this Agreement, including, but not limited to any claims or damages arising from planning, design, construction, maintenance and/or operation of levee rehabilitation measures for this Project and any breach of this Agreement. Grantee shall require its contractors or subcontractors to name the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Agreement.

D.23. INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantees, in the performance of the Grant Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State.

D.24. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Grant Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Grant Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant Agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests.

D.25. INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Grant Agreement. This right shall extend to any subcontracts, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Grant Agreement with State.

D.26. LABOR CODE COMPLIANCE: The Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/ lcp.asp.

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compensation or to undertake self-insurance, and the Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision.

D.27. MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole discretion approve non-material changes to the portions of Exhibits A, B, and C which concern the budget and schedule without formally amending this Grant Agreement. Non-material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Grant Agreement. Non-material changes with respect to the Project schedule are changes that will not extend the term of this Grant Agreement. Requests for nonmaterial changes to the budget and schedule must be submitted by the Grantee to the State in writing and are not effective unless and until specifically approved by the State’s Program Manager in writing.

D.28. NONDISCRIMINATION: During the performance of this Grant Agreement, Grantee and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital/domestic partner status, and denial of medical and family care leave or pregnancy disability leave. Grantee and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990.) and the applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing are incorporated into this Agreement by reference. Grantee and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Grant Agreement.

D.29. OPINIONS AND DETERMINATIONS: Where the terms of this Grant Agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.

D.30. PERFORMANCE BOND: Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.)
D.31. PRIORITY HIRING CONSIDERATIONS: If this Grant Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Grant Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353.

D.32. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Grantee’s service of water, without prior permission of State.

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Grant Agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal property be remitted to State.

D.33. PROJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement.

D.34. REMAINING BALANCE: In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Grant Agreement, any remaining funds revert to the State. The State will notify the Grantee stating that the Project file is closed and any remaining balance will be disencumbered and unavailable for further use under this Grant Agreement.

D.35. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Grant Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.

D.36. RETENTION: The State shall withhold ten percent (10%) of the funds, for each project, until the project is complete, and a Final Project Report is approved and accepted by DWR. If a project has multiple components (within a project), at the State's discretion and upon a written request by the Grantee, any retained amount attributable to a single component may be released when that component is complete and the Final Component Completion Report is approved. Upon approval of the Final Project Report and/or Final Component Completion Report, any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest.

D.37. RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Grant Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov.

Code, § 6250 et seq.) Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Grant Agreement, subject to appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose.

D.38. SEVERABILITY: Should any portion of this Grant Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Grant Agreement shall continue as modified.

D.39. SUSPENSION OF PAYMENTS: This Grant Agreement may be subject to suspension of payments or termination, or both if the State determines that:

A. Grantee, its contractors, or subcontractors have made a false certification, or B. Grantee, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Grant Agreement.

D.40. SUCCESSORS AND ASSIGNS: This Grant Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Grant Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.

D.41. TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide a reason(s) for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date.

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D.42. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 12, “Default Provisions,” the State may terminate this Grant Agreement and be relieved of any payments should Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 12, “Default Provisions.” D.43. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days’ advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination.

D.44. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein.

D.45. TIMELINESS: Time is of the essence in this Grant Agreement.

D.46. TRAVEL – DAC, EDA, TRIBES PROJECT: Travel is only an eligible reimbursable expense for projects providing at least 75% of benefits to DACs, EDAs, and/or Tribes (based on population or geographic area). Only ground transportation and lodging are eligible for grant reimbursement. Per diem costs will not be eligible for grant reimbursement. Any reimbursement for necessary travel shall be at rates not to exceed those set by the California Department of Human Resources. These rates may be found at:
http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred. No travel outside of the IRWM region shall be reimbursed unless prior written authorization is obtained from the State.

D.47. UNION ORGANIZING: Grantee, by signing this Grant Agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Grant Agreement.

Furthermore, Grantee, by signing this Grant Agreement, hereby certifies that:

A. No State funds disbursed by this Grant Agreement will be used to assist, promote, or deter union organizing.

B. Grantee shall account for State funds disbursed for a specific expenditure by this Grant Agreement to show those funds were allocated to that expenditure.

C. Grantee shall, where State funds are not designated as described in (b) above, allocate, on a pro rata basis, all disbursements that support the program.

D. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee will maintain records sufficient to show that no State funds were used for those expenditures and that Grantee shall provide those records to the Attorney General upon request.

D.48. VENUE: The State and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement.

D.49. WAIVER OF RIGHTS: None of the provisions of this Grant Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Grant Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Grant Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect.

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EXHIBIT E

AUTHORIZING RESOLUTION

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EXHIBIT F

REPORT FORMATS AND REQUIREMENTS
The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format.

PROGRESS REPORTS
Progress reports shall generally use the following format. This format may be modified as necessary to effectively communicate information. For each project, discuss the following at the task level, as organized in Exhibit A:
x Percent complete (by work)
x Discussion of work accomplished during the reporting period. x Milestones or deliverables completed/submitted during the reporting period. x Meetings held or attended.
x Scheduling concerns and issues encountered that may delay completion of the task.

For each project, discuss the following at the project level, as organized in Exhibit A:
x Work anticipated for the next reporting period.
x Photo documentation, as appropriate.
x Budget projections for grant share for the next two quarters x Any schedule or budget modifications approved by DWR during the reporting period.

PROJECT COMPLETION REPORT
The Project Completion Report (or a Component Completion Report, if a Project has multiple Components) shall generally use the following format provided below for each project after completion.

Executive Summary
The Executive Summary should include a brief summary of project information and include the following items:
x Brief description of work proposed to be done in the original Grant application. x List any official amendments to this Grant Agreement, with a short description of the amendment.

Reports and/or Products
The following items should be provided, unless already submitted as a deliverable:
x A copy of any final technical report or study, produced for or utilized in this Project as described in the Exhibit A
x Electronic copies of any data collected, not previously submitted x Discussion of problems that occurred during the work and how those problems were resolved x Final project schedule showing actual progress versus planned progress as shown in Exhibit C Additional information that may be applicable for implementation projects includes the following:
x Record drawings
x Final geodetic survey information
x Project photos

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Cost & Disposition of Funds
A list showing:
x Summary of Project costs including the following items:
o Accounting of the cost of project expenditure;
o Include all internal and external costs not previously disclosed (i.e., additional cost share); and o A discussion of factors that positively or negatively affected the project cost and any deviation from the original Project cost estimate.

Additional Information
x Benefits derived from the Project, with quantification of such benefits provided. x If applicable, Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), consistent with Exhibit D, that the project was conducted in accordance with the approved Work Plan in Exhibit A and any approved amendments thereto. x Submittal schedule for the Post-Performance Report.

GRANT COMPLETION REPORT
The Grant Completion Report shall generally use the following format. This format may be modified as necessary to effectively communicate information on the various projects funded by this Grant Agreement, and includes the following:
x Executive Summary: consisting of a maximum of ten (10) pages summarizing information for the grant as well as the individual projects.
x Brief discussion of: each project completed and how they achieved IRWM Plan objectives and/or Regional goals and whether the level, type, or magnitude of benefits of the project are comparable to the original project proposal; any remaining work to be completed and mechanism for their implementation; the benefits to DAC and/or EDA as part of this Grant Agreement if a DAC or EDA Cost Share Waiver was approved for a project; and a summary of final funds disbursement for each project.

Additional Information: Summary of the submittal schedule for the Post-Performance Reports applicable for the projects in this Grant Agreement.

POST-PERFORMANCE REPORT
The Post-Performance Report (PPR) should be concise and focus on how each project is performing compared to its expected performance; whether the project is being operated and maintained and providing intended benefits as proposed. A PPR template may be provided by the assigned DWR Grant Manager upon request. The PPR should follow the general format of the template and provide requested information as applicable. The following information, at a minimum, shall be provided:

Reports and/or products
x Header including the following:
o Grantee Name
o Implementing Agency (if different from Grantee)
o Grant Agreement Number
o Project Name
o Funding grant source (i.e., 2022 Proposition 1 IRWM Implementation Grant) o Report number

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x Post-Performance Report schedule
x Time period of the annual report (e.g., January 2024 through December 2024) x Project Description Summary
x Discussion of the project benefits
x An assessment of any differences between the expected versus actual project benefits as stated in the original application. Where applicable, the reporting should include quantitative metrics (e.g., new acrefeet of water produced that year, etc.). x Summary of any additional costs and/or benefits deriving from the project since its completion, if applicable.
x Any additional information relevant to or generated by the continued operation of the project.

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EXHIBIT G

REQUIREMENTS FOR DATA SUBMITTAL
Surface and Groundwater Quality Data:

Groundwater quality and ambient surface water quality monitoring data that include chemical, physical, or biological data shall be submitted to the State as described below, with a narrative description of data submittal activities included in project reports.

Surface water quality monitoring data shall be prepared for submission to the California Environmental Data Exchange Network (CEDEN). The CEDEN data templates are available on the CEDEN website.

Inclusion of additional data elements described on the data templates is desirable. Data ready for submission should be uploaded to your CEDEN Regional Data Center via the CEDEN website. CEDEN website: http://www.ceden.org.

If a project’s Work Plan contains a groundwater ambient monitoring element, groundwater quality monitoring data shall be submitted to the State for inclusion in the State Water Resources Control Board’s Groundwater Ambient Monitoring and Assessment (GAMA) Program Information on the GAMA Program can be obtained at: https://www.waterboards.ca.gov/water_issues/programs/gama/. If further information is required, the Grantee can contact the State Water Resources Control Board (SWRCB) GAMA Program.

A listing of SWRCB staff involved in the GAMA program can be found at:
https://www.waterboards.ca.gov/water_issues/programs/gama/contact.shtml.

Groundwater Level Data
For each project that collects groundwater level data, the Grantee will need to submit this data to DWR’s Water Data Library (WDL), with a narrative description of data submittal activities included in project reports, as described in Exhibit F, “Report Formats and Requirements.” Information regarding the WDL and in what format to submit data in can be found at: http://www.water.ca.gov/waterdatalibrary/.

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EXHIBIT H

STATE AUDIT DOCUMENT REQUIREMENTS AND COST SHARE GUIDELINES FOR THE GRANTEE The following provides a list of documents typically required by State Auditors and general guidelines for the Grantee. List of documents pertains to both State funding and the Grantee’s Local Cost Share and details the documents/records that State Auditors would need to review in the event of this Grant Agreement is audited.

The Grantee should ensure that such records are maintained for each funded project.

State Audit Document Requirements
Internal Controls

1. Organization chart (e.g., Agency’s overall organization chart and organization chart for the State funded Program/Project).

2. Written internal procedures and flowcharts for the following:
a) Receipts and deposits
b) Disbursements
c) State reimbursement requests
d) Expenditure tracking of State funds
e) Guidelines, policy, and procedures on State funded Program/Project

3. Audit reports of the Agency internal control structure and/or financial statements within the last two years.

4. Prior audit reports on the State funded Program/Project.

State Funding:

1. Original Grant Agreement, any amendment(s) and budget modification documents.

2. A listing of all bond-funded grants, loans, or subventions received from the State.

3. A listing of all other funding sources for each Program/Project.

Contracts:

1. All subcontractor and consultant contracts and related or partners’ documents, if applicable.

2. Contracts between the Agency and member agencies as related to the State funded Program/Project.

Invoices:

1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Grant Agreement.

2. Documentation linking subcontractor invoices to State reimbursement, requests and related Grant Agreement budget line items.

3. Reimbursement requests submitted to the State for the Grant Agreement.

Cash Documents:

1. Receipts (copies of warrants) showing payments received from the State.

2. Deposit slips (or bank statements) showing deposit of the payments received from the State.

3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans.

4. Bank statements showing the deposit of the receipts.

Accounting Records:

1. Ledgers showing entries for funding receipts and cash disbursements.

2. Ledgers showing receipts and cash disbursement entries of other funding sources.

3. Bridging documents that tie the general ledger to requests for Grant Agreement reimbursement.

Administration Costs:

1. Supporting documents showing the calculation of administration costs.

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Personnel:

1. List of all contractors and Agency staff that worked on the State funded Program/Project.

2. Payroll records including timesheets for contractor staff and the Agency personnel who provided services charged to the program
Project Files:

1. All supporting documentation maintained in the project files.

2. All Grant Agreement related correspondence.

Cost Share Guidelines
Cost Share consists of non-State funds, including in-kind services. In-kind services are defined as work performed (i.e., dollar value of non-cash contributions) by the Grantee (and potentially other parties) directly related to the execution of the funded project. Examples include volunteer services, equipment use, and use of facilities. The cost if in-kind service can be counted as cost share in-lieu of actual funds (or revenue) provided by the Grantee. Other cost share and in-kind service eligibility conditions may apply. Provided below is guidance for documenting cost share with and without in-kind services.

1. Although tracked separately, in-kind services shall be documented and, to the extent feasible, supported by the same methods used by the Grantee for its own employees. Such documentation should include the following:
a. Detailed description of the contributed item(s) or service(s) b. Purpose for which the contribution was made (tied to project work plan) c. Name of contributing organization and date of contribution d. Real or approximate value of contribution. Who valued the contribution and how was the value determined? (e.g., actual, appraisal, fair market, etc.). Justification of rate. (See item #2, below) e. Person’s name and the function of the contributing person f. Number of hours contributed
g. If multiple sources exist, these should be summarized on a table with summed charges h. Source of contribution if it was provided by, obtained with, or supported by government funds

2. Rates for volunteer or in-kind services shall be consistent with those paid for similar work in the Grantee’s organization. For example, volunteer service of clearing vegetation performed by an attorney shall be valued at fair market value for this service, not the rate for professional legal services. In those instances, in which the required skills are not found in the recipient organization, rates shall be consistent with those paid for similar work in the labor market. Paid fringe benefits that are reasonable, allowable, and allocable may be included in the valuation.

3. Cost share contribution (including in-kind services) shall be for costs and services directly attributed to activities included in the Grant Agreement. These services, furnished by professional and technical personnel, consultants, and other skilled labor may be counted as in-kind if the activities are an integral and necessary part of the project funded by the Grant Agreement.

4. Cash contributions made to a project shall be documented as revenue and in-kind services as expenditures. These costs should be tracked separately in the Grantee’s accounting system.

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 46, Packet Page 95 Grant Agreement No. 4600015397

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EXHIBIT I

LOCAL PROJECT SPONSORS AND PROJECT LOCATIONS
The Grantee has assigned, for each project, a Local Project Sponsor (LPS) according to the roles of the participating agencies identified in the IRWM Plan. LPSs may act on behalf of the Grantee for the purposes of individual project management, oversight, compliance, and operations and maintenance. LPSs are identified for each sponsored Project below:

Local Project Sponsor Agency Designation
Sponsored Project: Project 1: Carmel River Floodplain Restoration and Environmental Enhancement Project (CRFREE) Sponsor Agency: County of Monterey
Agency Address: 1441 Schilling Place, North Bldg., Salinas, CA 93901 Project Location: Big Sur, California (36.532736, -121.905592)

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 47, Packet Page 96 Grant Agreement No. 4600015397

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Local Project Sponsor Agency Designation
Sponsored Project: Project 2: Olivier Street Stormwater Diversion Project Sponsor Agency: City of Monterey
Agency Address: 580 Pacific Street, Monterey, CA 93940
Project Location: Monterey, California (36.602958, -121.894517)

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 48, Packet Page 97 Grant Agreement No. 4600015397

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EXHIBIT J

APPRAISAL SPECIFICATIONS
For implementation projects that include Land Acquisition Only:

For property acquisitions funded by this Grant Agreement, the Grantee shall submit an appraisal for review and approval by the Department of General Services or DWR’s Real Estate Branch prior to reimbursement or depositing State funds into an escrow account. This information should be submitted at least 90 days prior to a reimbursement request to account for review time. All appraisal reports, regardless of report format, shall include all applicable Appraisal Specifications below. Appraisals for a total compensation of $150,000 or more shall be reported as a Self-Contained Appraisal Report. Appraisals for a total compensation of less than $150,000 may be reported as a Summary Appraisal Report, which includes all information necessary to arrive at the appraiser’s conclusion. Appraisal Specifications 14, 16, 21, 23-25, and 28 shall be a narrative analysis regardless of the reporting format.

1. Title page with sufficient identification of appraisal assignment.

2. Letter of transmittal summarizing important assumptions and conclusions, value estimate, date of value and date of report.

3. Table of contents.

4. Assumptions and Limiting Conditions, Extraordinary Assumptions, and Hypothetical Conditions as needed.

5. Description of the scope of work, including the extent of data collection and limitations, if any, in obtaining relevant data.

6. Definition of Fair Market Value, as defined by California Code of Civil Procedure, § 1263.320.

7. Photographs of subject property and comparable data, including significant physical features and the interior of structural improvements, if applicable.

8. Copies of Tax Assessor’s plat map with the subject marked along with all contiguous assessor’s parcels that depict the ownership.

9. A legal description of the subject property, if available.

10. For large, remote or inaccessible parcels, provide aerial photographs or topographical maps depicting the subject boundaries.

11. Three (3) year subject property history, including sales, listings, leases, options, zoning, applications for permits, or other documents or facts that might indicate or affect use or value.

12. Discussion of any current Agreement of Sale, option, or listing of subject property. This issue required increased diligence since state agencies often utilize non-profit organizations to quickly acquire sensitive habitat parcels using Option Agreements. However, due to confidentiality clauses, the terms of the Option are often not disclosed to the State. If the appraiser discovers evidence of an Option or the possible existence of an Option, and the terms cannot be disclosed due to a confidentiality clause, then the appraiser is to cease work and contact the client.

13. Regional, area, and neighborhood analyses. This information may be presented in a summary format.

14. Market conditions and trends including identification of the relevant market area, a discussion of supply and demand within the relevant market area, and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area. This information may be presented in a summary format.

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 49, Packet Page 98 Grant Agreement No. 4600015397

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15. Discussion of subject land/site characteristics (size, topography, current use, elevations, zoning and land use issues, development entitlements, General Plan designation, utilities, offsite improvements, access, land features such as levees and creeks, offsite improvements, easements and encumbrances, covenants, conditions and restrictions, flood and earthquake information, toxic hazards, water rights, mineral rights, toxic hazards, taxes and assessments, etc.).

16. Description of subject improvements including all structures, square footage, physical age, type of construction, quality of construction, condition of improvements and/or identification of any permanent plantings. Discussion of construction cost methodology, costs included and excluded, accrued depreciation from all causes, remaining economic life, items of deferred maintenance and cost to cure, and incurable items. Construction cost data shall include cost data source, date of estimate or date of publication of cost manual, section and page reference of cost manual, copies of cost estimate if provided from another source, replacement or reproduction cost method used, and supporting calculations including worksheets or spreadsheets.

17. Subject property leasing and operating cost history, including all items of income and expense.

18. Analysis and conclusion of the larger parcel for partial taking appraisals. For partial taking appraisals, Appraisal Specifications generally apply to the larger parcel rather than an ownership where the larger parcel is not the entire ownership.

19. Include a copy of a recent preliminary title report (within the past year) as an appraisal exhibit. Discuss the title exceptions and analyze the effect of title exceptions on fair market value.

20. For appraisals of partial takings or easements, a detailed description of the taking or easement area including surface features and topography, easements, encumbrances or improvements including levees within the subject partial take or easement, and whether the take area is characteristic of the larger parcel. Any characteristics of the taking area, including existing pre-project levees that render the take area different from the larger parcel shall be addressed in the valuation.

21. Opinion of highest and best use for the subject property, based on an in-depth analysis supporting the concluded use which includes the detail required by the complexity of the analysis. Such support typically requires a discussion of the four criteria of tests utilized to determine the highest and best use of a property. If alternative feasible uses exist, explain and support market, development, cash flow, and risk factors leading to an ultimate highest and best use decision.

22. All approaches to market value applicable to the property type and in the subject market. Explain and support the exclusion of any usual approaches to value.

23. Map(s) showing all comparable properties in relation to the subject property.

24. Photographs and plat maps of comparable properties.

25. In-depth discussion of comparable properties, similarities and differences compared to the subject property, adjustments to the comparable data, and discussion of the reliability and credibility of the data as it relates to the indicated subject property value. Improved comparable sales which are used to compare to vacant land subject properties shall include an allocation between land and improvements, using methodology similar to methodology used in item 16 above to estimate improvement value when possible, with an explanation of the methodology used.

26. Comparable data sheets.
a. For sales, include information on grantor/Grantee, sale/recordation dates, listed or asking price as of the date of sale, highest and best use, financing, conditions of sale, buyer motivation, sufficient location information (street address, post mile, and/or distance from local landmarks such as bridges, road intersections, structures, etc.), land/site characteristics, improvements, source of any allocation of sale price between land and improvements, and confirming source.

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 50, Packet Page 99 Grant Agreement No. 4600015397

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b. For listings, also include marketing time from list date to effective date of the appraisal, original list price, changes in list price, broker feedback, if available. c. For leases, include significant information such as lessor/lessee, lease date and term, type of lease, rent and escalation, expenses, size of space leased, tenant improvement allowance, concessions, use restrictions, options, and confirming source. When comparing improved sales to a vacant land subject, the contributory value of the improvements shall be segregated from the land value.

27. For appraisals of easements, a before and after analysis of the burden of the easement on the fee, with attention to how the easement affects highest and best use in the after condition. An Easement Valuation Matrix or generalized easement valuation references may be used ONLY as a reference for a secondary basis of value.

28. For partial taking and easement appraisals, valuation of the remainder in the after condition and analysis and identification of any change in highest and best use or other characteristics in the after condition, to establish severance damages to the remainder in the after condition, and a discussion of special and general benefits, and cost to cure damages or construction contract work.

29. There are occasions where properties involve water rights, minerals, or salable timber that require separate valuations. If an appraisal assignment includes water rights, minerals, or merchantable timber that requires separate valuation, the valuation of the water rights, minerals, or merchantable timber shall be completed by a credentialed subject matter specialist.

30. For partial taking and easement appraisals, presentation of the valuation in California partial taking acquisition required format.

31. Implied dedication statement.

32. Reconciliation and final value estimate. Include analysis and comparison of the comparable sales to the subject, and explain and support conclusions reached.

33. Discussion of any departures taken in the development of the appraisal.

34. Signed Certification consistent with the language found in Uniform Standards of Professional Appraisal Practice.

35. If applicable, in addition to the above, appraisals of telecommunication sites shall also provide:
a. A discussion of market conditions and trends including identification of the relevant market, a discussion of supply and demand within the relevant market area and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area. b. An analysis of other leases comparable to subject property. Factors to be discussed in the analysis include the latitude, longitude, type of tower, tower height, number of rack spaces, number of racks occupied, placement of racks, power source and adequacy, back-up power, vault and site improvements description and location on site, other utilities, access, and road maintenance costs.

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 51, Packet Page 100 Grant Agreement No. 4600015397

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EXHIBIT K

INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE
For implementation projects that include Land Acquisition Only:

The Grantee shall provide the following documents to the State Project Representative during the escrow process. Property acquisition escrow documents shall be submitted within the term of this Grant Agreement and after a qualified appraisal has been approved. x Name and Address of Title Company Handling the Escrow x Escrow Number
x Name of Escrow Officer
x Escrow Officer’s Phone Number
x Dollar Amount Needed to Close Escrow
x Legal Description of Property Being Acquired
x Assessor’s Parcel Number(s) of Property Being Acquired x Copy of Title Insurance Report
x Entity Taking Title as Named Insured on Title Insurance Policy x Copy of Escrow Instructions in Draft Form Prior to Recording for Review Purposes x Copy of Final Escrow Instructions
x Verification that all Encumbrances (i.e., Liens, Back Taxes, and Similar Obligations) have been Cleared Prior to Recording the Deed to Transfer Title
x Copy of Deed for Review Purposes Prior to Recording
x Copy of Deed as Recorded in County Recorder’s Office
x Copy of Escrow Closure Notice

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 52, Packet Page 101 Grant Agreement No. 4600015397

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EXHIBIT L

PROJECT MONITORING PLAN GUIDANCE
Introduction
For each project contained in Exhibit A, please include a brief description of the project (maximum ~150 words) including project location, implementation elements, need for the project (what problem will the project address) and responds to the requirements listed below.

Project Monitoring Plan Requirements
The Project Monitoring Plan shall contain responses to the following questions:
x What are the anticipated project physical benefits?
x What are the corresponding numeric targets for each project benefit? x How will proposed numeric targets be measured?
x What are baseline conditions?
x When will the targets be met (e.g., upon project completion, five years after completion)? x How often will monitoring be undertaken (e.g., monthly, yearly). x Where are monitoring point locations (e.g., meter located at…, at stream mile…)? Include relevant maps.
x How will the project be maintained (e.g., irrigation, pest management, weed abatement)? x What will be the frequency and duration of maintenance proposed activities? x Are there any special environmental considerations (e.g., resource agency requirements, permit requirements, CEQA/NEPA mitigation measures)?
x Who is responsible for collecting the samples (i.e., who is conducting monitoring and/or maintenance)?
x How, and to whom, will monitoring results be reported (e.g., paper reports, online databases, public meetings)?
x What adaptive management strategies will be employed if problems are encountered during routine monitoring or maintenance?
x What is the anticipated life of the project?

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 53, Packet Page 102 Grant Agreement No. 4600015397

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EXHIBIT M

INVOICE GUIDANCE FOR ADMINISTRATIVE AND OVERHEAD CHARGES The funds provided pursuant to this Agreement may only be used for costs that are directly related to the funded Project. The following provides a list of typical requirements for invoicing, specifically providing guidance on the appropriate methods for invoicing administrative and direct overhead charges.

Administration Charges
Indirect and General Overhead (i.e., indirect overhead) charges are not an allowable expense for reimbursement. However, administrative expenses that are apportioned directly to the project are eligible for reimbursement. Cost such as rent, office supplies, fringe benefits, etc. can be “Direct Costs” and are eligible expenses as long as:
x There is a consistent, articulated method for how the costs are allocated that is submitted and approved by the Grant Manager. The allocation method must be fully documented for auditors. x A “fully-burdened labor rate” can be used to capture allowable administrative costs. x The administrative/overhead costs can never include:
o Non-project specific personnel and accounting services performed within the Grantee or an LPS’ organization
o Markup
o Tuition
o Conference fees
o Building and equipment depreciation or use allowances x Using a general overhead percentage is never allowed
Labor Rates
The Grantee must provide DWR with supporting documentation for personnel hours (see personnel billing rates letter in example invoice packet). The personnel rate letter should be submitted to the DWR Grant Manager prior to submittal of the first invoice. The supporting documentation must include, at a minimum, employee classifications that will reimbursed by grant funds and the corresponding hourly rate range. These rates should be “burdened”; the burdened rate must be consistent with the Grantee’s/Local Project Sponsors standardized allocation methodology. The supporting documentation should also provide an explanation of what costs make up the burdened rate and how those costs were determined. This information will be used to compare against personnel hours summary table invoice back up documentation. Periodic updates may be needed during the life of the grant which would be handled through a revised billing rate letter.

ATTACHMENT 2
Council Regular Meeting, 1/16/2024, Item No. 8., Item Page 54, Packet Page 103 Council
Agenda Report
№08/22
FROM: Karen Larson, Parks & Recreation Director
Prepared By: Louie Marcuzzo, Park Operations Manager
SUBJECT: Award a Job Order Contract for Landscape Maintenance in the amount of $250,000 to Town & Country Gardening & Landscaping, Inc. (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 Job Order Contract for Landscape Maintenance to Town & Country Gardening & Landscaping, Inc., the lowest responsive, responsible bidder, for a term of one (1) year, with the option to extend for two (2) additional one-year terms, with an annual funding limit not-to-exceed $250,000;

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

VALUE DRIVERS:

POLICY IMPLICATIONS:

This action is consistent with the City’s policy to approve Public Works contracts exceeding $150,000.

FISCAL IMPLICATIONS:

Two (2) bids were received and opened by the Finance Director’s designee on December 12, 2023. The bid from Smith & Enright Landscaping, Inc. was deemed non-responsive. The results are as follows:

Bidder Bid Amount:

Town & Country Gardening and Landscaping, Inc. $219,000 Smith & Enright Landscaping, Inc. non-responsive
Staff intends to allocate an amount not to exceed $250,000 from various existing funding sources on an annual basis for landscape maintenance and project work. This sum represents funds from Parks Contractual Services account (101-500-5210-0000-4220), Parks Equipment Outlay-Field account (101-500-5210-0000-4502), and NCIP sources.

Date: 1/16/2024
Item No.: 9.

Council Regular Meeting, 1/16/2024, Item No. 9., Item Page 1, Packet Page 104 ENVIRONMENTAL DETERMINATION:

Contractor will not be utilizing machinery or vehicles subject to the California Air Resources Board regulations on this project.

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 approve this request to award a landscape maintenance job order contract. Staff recommends against this alternative because job order contracts have been proven to be an effective tool and will allow the Parks Division to continue to maintain a reasonable level of landscape maintenance.

DISCUSSION:

Consolidation of Landscape-Related Contracts
Historically, Job Order Construction contracts have been awarded by Council to expedite repairs and upgrades of common, repetitive work according to competitively bid unit pricing based on quantities that are unknown at the time of award of the contract. The City has successfully used Job Order contractors for many years to deliver projects. The intent of these contracts is to provide the City with a readily available workforce for new construction, repairs, and upgrades to existing infrastructure, and emergency repairs of any value up to the contract limit, as the City deems appropriate. These contracts do not give the contractors exclusive rights to perform any work for the City. Certain projects may be performed by City crews or be issued for bid proposals throughout the term of the contract, even if such contracts include this same type of work.

Staff is consolidating the various smaller landscape-related contracts for work such as weed eating, rough mowing, planting, mulching, sodding, irrigation repair/installation, pathway restoration, sand removal, hauling, litter removal, etc. By consolidating landscape maintenance, staff are better equipped to oversee the level of landscape maintenance, coordinate landscape projects, and ensure compliance with prevailing wage and other contract requirements.

Council Regular Meeting, 1/16/2024, Item No. 9., Item Page 2, Packet Page 105 Bid Responses
On December 12, 2023, the City received two (2) bids, one of which was deemed nonresponsive. For the purpose of awarding this job order contract, the basis for determining the low bidder is the Total Base Bid. The Base Bid establishes the hourly labor rates during normal and non-standard business hours. The lowest responsive, responsible bid was submitted by Town & Country Gardening & Landscaping, Inc. from Carmel, CA.

The hourly rates submitted by Town & Country Gardening & Landscaping, Inc. are comparable to prior on-call contract prices, and the contractor has provided a statement of qualifications for jobs of similar nature for another city government agency nearby.

Proposed Contract and Staff Recommendation
The contract shall remain in effect and be available for landscape maintenance services during a 12-month period beginning with the effective date of the Notice to Proceed or until the exhaustion of the annual contract limit, whichever occurs first. With successful performance, the contract may be extended up to two additional 12-month periods with the same annual contract limit. The contract does not give the contractor exclusive rights to perform all work done by the City; certain projects may be performed by City crews or by use of alternative procurement methods throughout the term of the contract which may include this type of work.

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

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

LM/sg
Attachments: 1. Resolution awarding a contract to Town & Country Gardening and Landscaping Inc.
e: Town & Country Gardening & Landscaping, Inc., 26489 Carmel Rancho Blvd Ste 2, Carmel, CA 93923
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. 9., Item Page 3, Packet Page 106 RESOLUTION NO. __-___ C.S.

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

AWARD A JOB ORDER CONTRACT FOR LANDSCAPE MAINTENANCE IN THE AMOUNT OF $250,000 TO TOWN & COUNTRY GARDENING & LANDSCAPING, INC.

WHEREAS, on the 12th day of December 2023, at 2:00 p.m., the City of Monterey Finance Director’s designee received two (2) electronic bids through the City’s e-Procurement Portal OpenGov Procurement, for the Landscape Maintenance Job Order Contract 2024, one of which was deemed non-responsive,
WHEREAS, job order contracts have been proven to be an effective tool and will allow the Parks Division to continue to maintain a reasonable level of landscape maintenance.

WHEREAS, Town & Country Gardening & Landscaping, Inc. submitted the lowest responsive, responsible bid in the amount of $219,000.

WHEREAS, funds for the landscape maintenance and projects are available from Parks Contractual Services account (101-500-5210-0000-4220), Parks Equipment Outlay – Field account (101-500-5210-0000-4502), and Neighborhood and Community Improvement Program sources.

WHEREAS, Contractor will not be utilizing machinery or vehicles subject to the California Air Resources Board regulations on 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 FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby
Council Regular Meeting, 1/16/2024, Item No. 9., Item Page 4, Packet Page 107 2 1. Award a Job Order Contract for Landscape Maintenance to Town & Country Gardening & Landscaping, Inc., the lowest responsive, responsible bidder, for a term of one (1) year, with the option to extend for two (2) additional one-year terms, with an annual funding limit not-to-exceed $250,000; and

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

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. 9., Item Page 5, Packet Page 108 Council
Agenda Report
№08/22
FROM: Andrea Renny, PE, PTOE, Public Works Director
Prepared by: Cody Hennings, Engineering Assistant
SUBJECT: Award a Professional Services Agreement in the Amount of $242,500 to Watry Design, Inc. for Building Condition Assessments – Parking Garages ***CIP *** (Exempt from CEQA, Article 19, Section 15306, Class 6)
RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Awarding a Professional Services Agreement for Building Condition Assessments – Parking Garages (65c1809) to Watry Design, Inc. for a term of one (1) year with a not-toexceed fee of $242,500; and

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

VALUE DRIVERS:

POLICY IMPLICATIONS:

This Project is consistent with the City Council’s Vision and Strategic Initiative of “Working to improve the quality of life of our residents” by ensuring that the City’s infrastructure meets the needs of the community, including those who work to provide services to the City.

FISCAL IMPLICATIONS:

The cost proposal for the top-ranking firm was $181,000 for the base scope and an additional $61,500 for materials testing for a total cost proposal of $242,500. The funding for this project will come from Parking funds from the Parking Garage Repair Account (CIP 65C1809). As of December 18, 2023, sufficient funding is available to complete the project which is currently funded at $1,154,098.30.

Date: 1/16/2024
Item No.: 10.

Council Regular Meeting, 1/16/2024, Item No. 10., Item Page 1, Packet Page 109 ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15306, Class 6) because the project consists of a building condition assessment of the City's parking garages. This would involve basic information gathering, data collection, and research and would not result in a disturbance to environmental resources.

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. The study is to assess the condition of the City's parking garages, which is located in an urban, built out environment.

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 project involves a building condition assessment; therefore, would not contribute to a cumulative impact.

Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The study is to assess the condition of the City's parking garages, which is located in an urban, built out environment; therefore, there would be no significant effects on the environment due to unusual circumstances.

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 involves a study; therefore, there would be no impacts to scenic highways.

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 City's parking garages are not located on the state's Cortese List.

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 involves a study; therefore, there would be no potential impacts to historic or archeological resources.

Council Regular Meeting, 1/16/2024, Item No. 10., Item Page 2, Packet Page 110 ALTERNATIVES CONSIDERED:

The City Council could choose not to award a contract for the condition assessment; however, this is not recommended, as any current issues and any critical maintenance of the parking garages may not be identified in a timely manner. The City’s parking garages, which consist of four (4) garages total: the Downtown East and West, the Calle Principal, and the Cannery Row parking garages, require annual preventative maintenance to ensure service life. Choosing to delay or not to conduct condition assessments would result in accelerated degradation of important pieces of City infrastructure.

DISCUSSION:

The City’s parking garages serve as key infrastructure serving both residents and visitors of the Monterey Peninsula. The parking garages have not been assessed since 2014, and standard routine and preventative maintenance is critical to ensure longevity. Performing regular condition assessments of the parking garages is an important part of keeping them in a safe operating state. The condition assessments will evaluate the existing conditions, recommend immediate repairs, ongoing and preventative maintenance, and long-term improvements to maximize the service life of the City’s parking garages. The assessment will include planning level cost estimates for recommended repairs and improvements as a data driven approach to develop future fiscal year budgets. The cost of recommended on-going maintenance needs will help inform the development of the Parking Division operating budget and parking rates. Any identified long-term improvements that the City needs to implement will be presented in the Capital Improvement Program (CIP) for Council consideration.

A request for proposal was prepared by staff and advertised on October 4, 2023, to solicit proposals from qualified firms. Selection of the best-qualified firm was made in accordance with Section 28-10 of the City’s Purchasing Ordinance. On November 7, 2023, six (6) proposals were received, evaluated, and ranked by staff independently, consisting of Public Works and Building Maintenance staff. Proposals were rated based on seven (7) criteria with a maximum score of 90 points. The evaluation criteria included:

1. Ability to Design an Approach and Work Plan to Meet the Project Requirements – 20

2. Ability of the Proposer to Carry Out and Manage the Proposed Project – 20

3. Staff – 20

4. Familiarity with Locality – 10

5. Willingness to Comply with the proposed Agreement Terms – 10

6. Reputation – 10

7. Cost of Proposal (not determinative, but may be considered) The evaluation team concluded that all of the consultants could successfully perform the project.

Each firm submitted proposals that demonstrated their qualifications and relevant experience.

The top-ranked firm based on staff evaluations was Watry Design, Inc.

The Watry Design, Inc. proposal demonstrated the firm’s experience with projects of similar scopes. Watry presents a team with a combined 55 years of experience in the field of parking design and parking solutions and have completed over 100 condition assessments and repair projects. They have worked with multiple California cities and companies on parking garage Council Regular Meeting, 1/16/2024, Item No. 10., Item Page 3, Packet Page 111 condition assessment projects with the goal of correcting deficiencies and prolonging the useful life of the structures.

The current scope of the proposal includes an assessment of the City’s parking garages based on the ASTM E2018-15 Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process. The condition assessment of City owned parking garages covered by this agreement include:

1. Structural Assessment – foundations and structural framing of walls, columns, intermediate floors and roofs (includes limited seismic review).

2. Architectural condition assessment (exterior and interior). Note: ADA deficiencies have already been identified by others and reports of deficiencies will be available to the selected firm.

3. Mechanical systems, equipment, elevators, carbon monoxide detection system, HVAC, and plumbing assessments.

4. Electrical equipment, fire/life safety, and security systems.

5. Civil/site work, pavement, parking curbs, loading docks, landscaping, irrigation, drainage, lighting, fencing/railing, stairs, signage and amenities including immediately adjacent to building footprints (within+/- 5 feet)

6. Preparation of a written report documenting code, safety, and other deficiencies, performing cost estimates, documenting, and prioritizing repairs (Immediate and Deferred), and recommending/modifying preventative maintenance activities to extend the useful life of each building and facility. A draft report shall be provided to City for review and comment before issuing the final report.

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

1. Awarding a Professional Services Agreement for the Building Condition Assessment – Parking Garages to Watry Design, Inc. for a term of 1 year with a not-to-exceed fee of $242,500; and

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

CH/pl
Attachments: 1. Resolution

2. Evaluation Scorecard
c: Watry Design, Inc., 2099 Gateway Place, Suite 550, San Jose, CA 95110 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. 10., Item Page 4, Packet Page 112 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22
AWARD A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $242,500 TO WATRY DESIGN, INC. FOR THE BUILDING CONDITION ASSESSMENT – PARKING

GARAGES
WHEREAS, a new building condition assessment is needed to identify repairs, ongoing maintenance items, and long-term improvements;
WHEREAS, on October 4, 2023, the City issued a Request for Proposal (RFP) from qualified firms, and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; WHEREAS, on November 7, 2023, six (6) proposals were received, evaluated and ranked independently by staff members within the Public Works and Building Maintenance Departments;
WHEREAS, Selection of the best-qualified firm was made in accordance with Section 28-10 of the City’s Purchasing Ordinance;
WHEREAS, the selection committee agreed that Watry Design, Inc. was the most qualified firm for this project;
WHEREAS, as of December 18, 2023, sufficient funding is available for this project in project account 65C1809; and,
WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15306, Class 6) because the project consists of a building condition assessment of the City's parking garages.

This would involve basic information gathering, data collection, and research and would not result in a disturbance to environmental resources.

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 Council Regular Meeting, 1/16/2024, Item No. 10., Item Page 5, Packet Page 113 2 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. The study is to assess the condition of the City's parking garages, which is located in an urban, built out environment.

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 project involves a building condition assessment; therefore, would not contribute to a cumulative impact.

Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The study is to assess the condition of the City's parking garages, which is located in an urban, built out environment; therefore, there would be no significant effects on the environment due to unusual circumstances.

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 involves a study; therefore, there would be no impacts to scenic highways.

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 City's parking garages are not located on the state's Cortese List.

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 involves a study; therefore, there would be no potential impacts to historic or archeological resources.

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

Council Regular Meeting, 1/16/2024, Item No. 10., Item Page 6, Packet Page 114 3 1. Awards a Professional Services Agreement for the Building Condition Assessment – Parking Garages to Watry Design, Inc. for a term of 1 year with a not-to-exceed fee of $242,500.00; and

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

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. 10., Item Page 7, Packet Page 115 2023 Parking Garage Facility Assessment Proposal Assessment 1 ability to
design
approach
2 ability to
execute
3 staff
4 familiarity w/
Locality
5 specific
management
approach
6 Experience
7 Organization
8 Reputation
9 Services
Offered
TOTAL
SCORE
rank
Martin/Martin 7.3 8.0 8.3 3.7 8.3 7.7 8.0 0.0 8.3 59.7 75% 4 MBH Architects 8.3 7.3 7.3 6.7 8.7 7.7 8.3 0.0 8.3 62.7 78% 3 Plainii 6.7 6.0 5.0 7.3 6.7 5.0 6.3 0.0 6.3 49.3 62% 6
Roth IAMS 7.0 7.3 7.3 2.7 6.0 5.3 7.0 0.0 7.0 49.7 62% 5 Walker Consultants 8.7 9.0 8.0 6.7 8.0 9.0 9.0 0.0 9.3 67.7 85% 2 Watry Design, Inc 9.0 8.3 8.7 8.0 8.0 8.7 8.0 0.0 9.3 68.0 85% 1 avg 7.8 7.7 7.4 5.8 7.6 7.2 7.8 0.0 8.1 59.5 74% 6.5
high 9 9 9 8 9 9 9 0 968
low 7 6 5 3 6 5 6 0 649

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Monterey City CouncilJanuary 16, 2024

Monterey City Council
January 16, 2024