Agenda packet — Monterey City Council, February 6, 2024

Council Chamber
580 Pacific St.

Monterey, California
City Council Agenda
Council Regular Meeting

AMENDED AGENDA
Tuesday, February 6, 2024
4:00 PM – 5:30 PM
7:00 PM – 11:00 PM
City Council
Tyller Williamson, Mayor
Kim Barber, Councilmember,
District 1
Gino Garcia, Councilmember
Alan Haffa, Councilmember
Ed Smith, Councilmember,
District 2
City Manager
Hans Uslar
HOW TO PARTICIPATE IN THIS MEETING:
 Written comment: Members of the public may submit comment(s) to [email protected] until ½ hour before the start of the meeting. These messages are not read aloud during the meeting but are made available to the meeting body and public at https://monterey.org/submitted-comments. All comments received become part of the record.
 In-Person: Please see the meeting location listed above. Wearing a mask is recommended and encouraged.
 Remote via ZoomGov Webinar:
o Join on a computer or smartphone: https://montereyorg.zoomgov.com/j/1607729333 An up-to-date version of the Zoom software must be used.
o Or join by telephone: Dial 833-568-8864 (Toll Free), 669-254-5252 (Campbell, CA) or 646-828-7666 (NY). If one number doesn’t work, please try another.  Enter Webinar ID: 160 772 9333 #
 If prompted to enter a participant ID, press #
 To “raise your hand,” dial *9. Once called upon, dial *6 to unmute o Need help using or updating Zoom? Read our Zoom Meeting Instructions (PDF)  This meeting will also stream live for viewing only on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90-second delay).

PUBLIC COMMENT PROCEDURES AND TIME LIMITS:

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

1. Up to three minutes per speaker.

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

3. The total time allocated for public comment:
a. Items pulled from the consent agenda – 15 minutes each item b. Public Appearance items – 30 minutes each item
c. Public Hearing items – 30 minutes each item
d. Closed session items – 15 minutes each item
At the time an item is considered, the Mayor will ask those attending the meeting in person to line up at the podium or raise their hands, and for remote participants to use *9 on the telephone or the “raise hand” function in Zoom, if they wish to address the City Council. The maximum amount of time for each person to speak and the total amount of time allotted for each item will be determined based on the number of people indicating an interest in speaking and the amount of business to be conducted on the agenda. In exceptional circumstances and when necessary to ensure a full opportunity for public input, the Mayor may, with the legislative body’s consent, adjust the amount of time allowed for public input and/or the time allotted for each speaker. 2/6/2024 4:00:00 PM
2 ***Afternoon Session Agenda ***
4:00 - 5:30 p.m.

CALL TO ORDER

PRESENTATIONS

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

2. Recognize February 2024 as Black History Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)

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

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

Approval of Minutes

3. January 16, 2024 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)

4. January 24, 2024 Special Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Award of Construction Contracts

5. Award a Construction Contract in the Amount of $617,460.00 to All County Flooring for Replace Flooring Project at Ord Military Community (Categorically Excluded from NEPA 32 CFR, Part 651, Section II(g )(1), CEQA Not a Project) ***IGSA*** 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.

6. Authorize Two (2) New Forty-Nine Feet (49') Long by Fifteen Feet (15') Wide Boats and Revise the New Horizon Dimensions to Forty-Eight Feet (48’) Long by Fifteen Feet (15’) Wide at 66 Fisherman's Wharf (Discovery Charters, Inc.) (Exempt from CEQA, Article 19, Section 15061 (b)(3))

7. Implement a Customer Financial Assistance Program for Sewer Treatment Billing (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
2/6/2024 4:00:00 PM
3 8. 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) -- Continued from January 16, 2024

9. Award Five Professional Services Agreements for On-Call Civil Engineering Services Each with a Not-To-Exceed Limit of $500,000.00, for Projects with the City of Monterey to: (1) Kimley-Horn and Associates, Inc.; (2) BKF Engineers; (3) Whitson & Associates, Inc.; (4) Harris & Associates, Inc.; and (5) Mark Thomas & Company, Inc. ***CIP/NCIP*** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

10. Authorize Agreement with GoTo Technologies USA, Inc. in the Amount of $506,403.28 for the Purchase of Voice Communications Equipment and Services (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

11. Appropriation of $10,000 from Unassigned Fund Balance to the Monterey County Business Council, Inc. (MCBC) Towards a Local Match Contribution to Establish a Small Business Development Center (SBDC) Satellite Office in Monterey (Not a project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

12. Authorize Use of Live Scan Technology to Assist the City of Monterey in Implementing Its Cannabis Business Regulatory Permit Regulations (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Agenda Item to be Added Upon 2/3 Vote - Need for Immediate Action that Came to Attention of the City After Agenda was Posted (Government Code section 54954.2(b)(2))

13. Adopt a Resolution Ratifying the City Manager’s Proclamation of a Local Emergency Related to the February 2024 Storms (Order 24-001) (Exempt from CEQA Per Article 18, Section 15269.c)
Other

14. Receive Mayor’s Recommendation and Appoint Kathie Buaya and Gabriel Sanders to the Parks and Recreation Commission (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) *** End of Consent Agenda ***
*** Adjourn to Closed Session (See additional agenda) *** The City Council will take public comments on closed session items before convening to closed session.

RECESS

RECONVENE
2/6/2024 4:00:00 PM
4 *** Evening Session Agenda ***
7:00 - 11:00 p.m.

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

PLEDGE OF ALLEGIANCE

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

ANNOUNCEMENTS FROM CLOSED SESSION

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

15. Provide Guidance Concerning 2024/25 Neighborhood and Community Improvement Program (NCIP) Objectives and Priorities ***NCIP*** (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)

16. Receive an Update on Cannabis Application Process, Review Cannabis Industry Revenue and Crime Trends, and Consider a 180 Day Pause on Processing Storefront Retailer: Type 10A (adult-use) and/or Type 10M (medicinal) Cannabis Business Permit Applications (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

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

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

ADJOURNMENT
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 2/6/2024 4:00:00 PM
5 the City Council. The City is committed to addressing language interpretation requests swiftly in order to maximize public participation.

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

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

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

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

DESCRIPTION:

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

Noncommissioned officers, petty officers, and junior enlisted from each branch compete by displaying their knowledge in a variety of joint service subjects, including History of the Presidio of Monterey and DLIFLC, Current Affairs and World Events, Customs and Courtesies, Uniform Code of Military Justice, Military Leadership, and more. The service member's many weeks of studying and competing in unit boards culminate with an appearance before the DLIFLC Joint Enlisted Board.

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

The Mayor and City Council will recognize the winners of the First Quarter FY23-24 DLIFLC Quarterly Joint Service Awards at its meeting on February 6, 2024:
 Airman First Class Clara G. Hendrickson from the U.S. Air Force 517th Training Group  Sergeant Jason C. Kashuba from the U.S. Marine Corps
 Sergeant Christian O. Moctezuma-Berrios from the U.S. Army 229th Military Intelligence Battalion
ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 2/6/2024, Item No. 1., Item Page 1, Packet Page 6 Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that 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.

Attachments: 1. Proclamations
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 2/6/2024, Item No. 1., Item Page 2, Packet Page 7 Office of the Mayor
Monterey, California 93940
Proclamation Honoring
The Defense Language Institute Foreign Language Center's Quarterly Joint Service Award Recipient
Airman 1
st Class Clara G. Hendrickson
Tyller Williamson
WHEREAS, the Defense Language Institute Foreign Language Center (DLIFLC) has established the Quarterly Joint Service Noncommissioned Officer/Petty Officer and Junior Enlisted Board; and,
WHEREAS, as a recipient of the Board award, Airman 1
st Class Clara G.

Hendrickson, has demonstrated extraordinan; personal abilities, leadership skills, and knowledge of the history of the Presidio of Monterey and D LIFLC, Chain of Command, World Events, Customs and Courtesies, First Aid, Code of Conduct, Uniform Code of Militan; Justice, MilitanJ Leadership, and the Armed Forces Insignia; and,·
WHEREAS, the Monterey CommunihJ is proud of the Country's service members as well as its outstanding relationship with DLIFLC.

NOW, THEREFORE, BE IT PROCLAIMED that I, Tyller Williamson, Mayor of the CihJ of Monterey, on behalf of our CihJ Council and citizens, hereby recognize Airman 1
st Class Clara G. Hendrickson, United States Air Force, for a job well done, and thank them for their continuing contributions to the Armed Services and to our Nation.

Februan; 6, 2024
Tyller Williamson, Mayor
ATTACHMENT 1
Council Regular Meeting, 2/6/2024, Item No. 1., Item Page 3, Packet Page 8 Office of the Mayor
MoJ1terey, California 93940
Proclamation Honoring
The Defense Language Institute Foreign Language Center's Quarterly Joint Service Award Recipient
Sergeant Jason C. Kashuba
Tyller Williamson
WHEREAS1 the Defense Language Institute Foreign Language Center (DLIFLC) has established the Quarterly Joint Service Noncornmissioned Officer/Peth) Officer and Junior Enlisted Board; and,
WHEREAS1 as a recipient of the Board award, Sergeant Jason C. Kashuba1 has demonstrated extraordinanJ personal abilities1 leadership skills, and knowledge of the histonJ of the Presidio of Monterey and D LIFLC Chain of Command, World Events, Customs and Courtesies, First Aid1 Code of Conduct Uniform Code of Military Justice1 Military Leadership1 and the Armed Forces Insignia; and, WHEREAS1 the Monterey Community is proud of the Country's service members as well as its outstanding relationship with DLIFLC.

NOW1 THEREFORE1 BE IT PROCLAIMED that I1 Tyller Williamson1 Mayor of the CihJ of Monterey1 on behalf of our CihJ Council and citizens1 hereby recognize Sergeant Jason C. Kashuba1 United States Marine Corps1 for a job well done1 and thank them for their continuing contributions to the Armed Services and to our Nation.

FebntanJ 6, 2024
Tyller Williamson1 Mayor
ATTACHMENT 1
Council Regular Meeting, 2/6/2024, Item No. 1., Item Page 4, Packet Page 9 Office of the Mayor
Monterey, California 93940
Proclamation Honoring
The Defense Language Institute Foreign Language Center's Quarterly Joint Seroice Award Recipient
Sergeant Christian 0. Moctezuma-Berrios
Tyller Williamson
WHEREAS, the Defense Language Institute Foreign Language Center (DLIFLC) has established the Quarterly Joint Service Noncommissioned Officer/Petty Officer and Junior Enlisted Board; and,
WHEREAS, as a recipient of the Board award, Sergeant Christian 0. MoctezumaBerrios, has demonstrated extraordinarypersonal abilities, leadership skills, and knowledge of the history of the Presidio of Monterey and D LIFLC, Chain of Command, World Events, Customs and Courtesies, First Aid, Code of Conduct, Uniform Code of MilitanJ Justice, MilitanJ Leadership, and the Armed Forces Insignia; and,
WHEREAS, the Monterey Communihj is proud of the Country's service members as well as its outstanding relationship with DLIFLC.

NOW, THEREFORE, BE IT PROCLAIMED that I, Tyller Williamson, Mayor of the CihJ of Monterey, on behalf of our CihJ Council and citizens, hereby recognize Sergeant Christian 0. Moctezuma-Berrios, United States Army, for a job well done, and thank them for their continuing contributions to the Armed Services and to our Nation.

FebruanJ 6, 2024
Tyller Williamson, Mayor
ATTACHMENT 1
Council Regular Meeting, 2/6/2024, Item No. 1., Item Page 5, Packet Page 10 Council
Agenda Report
№08/22
FROM: Hans Uslar, City Manager
Prepared By: Hayley Goodwein, Administrative Assistant
SUBJECT: Recognize February 2024 as Black History Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council recognize February 2024 as Black History Month.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

The City of Monterey recognizes and celebrates Black History Month in honor of the culture, accomplishments, and contributions of the African American community in Monterey and across the United States. The City proudly supports the continued advancement of equality for AfricanAmerican individuals and their families.

FISCAL IMPLICATIONS:

There are no costs incurred in connection with supporting this action.

ENVIRONMENTAL DETERMINATION:

Date: 2/6/2024
Item No.: 2.

Council Regular Meeting, 2/6/2024, Item No. 2., Item Page 1, Packet Page 11 ALTERNATIVES CONSIDERED:

City Council could choose to not recognize February 2024 as Black History Month however that is not recommended.

DISCUSSION:

Initially referred to as Negro History Week, the seeds were sown for Black History Month by historian and scholar Carter G. Woodson in the second week of February in 1926 to coincide with the birthdays of Abraham Lincoln and Frederick Douglass. He sought to shed light on the achievements of African Americans that were often overlooked, and to encourage them to be proud of their history. Negro History Week expanded into Black History Month, celebrated annually in February since 1976.

Individuals of African heritage have been visiting the Monterey Peninsula since at least the 1770s when African Spaniard Alexo Nino traveled to Monterey on the San Antonio. African American soldiers of the 9th Cavalry, known as the Buffalo Soldiers, arrived in Monterey in 1902, participating in training and sporting events, parades, and field days despite being segregated from white soldiers at the Presidio of Monterey. The influence of African Americans in history, art, and culture is evident throughout the City of Monterey.

In connection with the Association of the Study of African American Life and History’s (ASALH) 2024 theme of African Americans in the Arts, the City of Monterey is proud to recognize the following individuals:
 John Wineglass: Emmy-award winning composer, accomplished violist, and current Composer in Residence for the Monterey Symphony
 Leberta Loral: International accomplished classical and contemporary Soprano  Tammy Hall: Grammy-winning jazz pianist, singer, composer, and music director  Daniel B. Summerhill: The Inaugural Poet Laureate for Monterey County 2022-2023  Pat DuVal: The first Black deputy in Monterey County, called the “Singing Sheriff”, wrote a memoir entitled From Colored Town to Pebble Beach: The Story of the Singing Sheriff The City of Monterey is proud to recognize and celebrate Black History Month. In the face of great adversity, African Americans have made and continue to make a positive, indelible mark on the history of Monterey and the United States. The City also acknowledges that while progress has been made, there is work left to be done. As Dr. Martin Luther King, Jr. once said, “If you can’t fly, run. If you can’t run, walk. If you can’t walk, crawl, but by all means, keep moving.”
Attachments: 1. Proclamations
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 2/6/2024, Item No. 2., Item Page 2, Packet Page 12

ATTACHMENT
Council Regular Meeting, 2/6/2024, Item No. 2., Item Page 3, Packet Page 13

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF MONTEREY
Tuesday, January 16, 2024
4:00-6:20 PM
COUNCIL CHAMBER, 580 PACIFIC ST.

MONTEREY, CALIFORNIA
Councilmembers

Present: Barber, Garcia, Haffa (arrived at 4:01 p.m.), Smith, Williamson

Absent: None
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Parks and Recreation Director, Finance Director, Human Resources Director, Public Works Director, City Clerk, Police Lieutenant, Parks Operations Manager, Engineering Assistant, Engineering Assistant, Deputy Public Works Director/City Engineer, Environmental Regulations Manager, Senior Engineer, Deputy Human Resources Manager
***Afternoon Session Agenda ***

CALL TO ORDER
Mayor Williamson called the meeting to order at 4:00 p.m. City Clerk Klein called the roll with the Council present except for Councilmember Haffa. Councilmember Haffa arrived at 4:01 p.m.

PLEDGE OF ALLEGIANCE
Councilmember Haffa led the Pledge.

GENERAL PUBLIC COMMENTS
Public comment on non-agendized matters was received from Chandler Roland, Steve Lightfoot, Dana Russell of the Monterey Peninsula Nanao Friendship Association, Dr. Marshall T. Fulbright of Monterey Peninsula College, Shay Balesteri of the General Employees of Monterey, Bob Faulis, and Esther Malkin.

CONSENT AGENDA
Mayor Williamson stated that Item 9 had been requested to be pulled from the Consent Agenda by a member of the public.

Public comment on the Consent Items was received from Dennis McCarthy, of the Rotary Club of Monterey, who spoke in favor of allocating funds to the Monterey Peninsula Nanao Friendship Association to assist with relief efforts for the recent 7.6 magnitude earthquake that struck western Japan on January 1, 2024 (Agenda Item 12). Former Mayor Albert spoke from the audience offering to answer questions regarding the relationship between the cities of Monterey and Nanao.

On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council approved the CONSENT AGENDA, except Item 9, and with Councilmember Smith registering a "no" vote on Item 7:

Date: 2/6/2024
Item No.: 3.

Council Regular Meeting, 2/6/2024, Item No. 3., Item Page 1, Packet Page 14 City Council Minutes January 16, 2024
2 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

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

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

3. 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 ***
Action: Adopted Resolution No. 24-001 C.S.

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*** Action: Adopted Resolution No. 24-002 C.S.

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)
Action: Adopted Resolution No. 24-003 C.S.

Ordinances

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) Action: Adopted Ordinance No. 3678 C.S.

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) Action: Adopted Ordinance No. 3679 C.S. (4-1, Councilmember Smith voting no) Resolutions

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 Council Regular Meeting, 2/6/2024, Item No. 3., Item Page 2, Packet Page 15 City Council Minutes January 16, 2024
3 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) Action: Adopted Resolution No. 24-004 C.S.

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)
Action: Pulled from Consent; Continued to February 6, 2024 On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council continued the matter to the next regular Council meeting:

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

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)
Action: Adopted Resolution No. 24-006 C.S.

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) Action: Adopted Resolution No. 24-007 C.S.

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)
Action: Adopted Resolution No. 24-008 C.S.

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) Action: Authorized the Mayor to Sign the Letter

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) Action: Appointed Hans Jannasch as the Monterey Vista Neighborhood Representative to the Neighborhood and Community Improvement Program (NCIP) Committee for a term expiring June 30, 2028
*** End of Consent Agenda ***
Adjourn to Ocean View Community Services District Meeting: Consent Agenda The Council adjourned to the meeting of the Ocean View CSD.

Council Regular Meeting, 2/6/2024, Item No. 3., Item Page 3, Packet Page 16 City Council Minutes January 16, 2024
4 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) Action: Received report
Bob Faulis provided public comment, giving an update on the Cannery Row Project's legal proceedings against the Coastal Commission, and asked the Council to consider writing a letter of support.

Adjourn to City Council Meeting
The CSD board convened to the Council meeting.

COUNCIL COMMENTS
Councilmember Smith said he had enjoyed time with family over the holidays, and wished everyone a happy New Year. He said that the Council's responsibilities on outside boards were ramping back up, and encouraged members of the public to engage and participate in the activities of the various boards that affect and represent Monterey.

Councilmember Haffa reported that he had attended the Association of Monterey Bay Area Governments (AMBAG) meeting the prior week, and reported that while Council had previously learned that a REAP grant had been received to assist with the affordable housing project, at the AMBAG meeting the Director had announced that due to serious State budget deficits, the proposed State budget might cut those grants by 50%.

CITY MANAGER REPORTS
None made.
*** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed session at 4:38 p.m. in the memory of Phil J. Maestas, following a brief remembrance by Mayor Williamson.

The Council adjourned to closed session at 4:38 p.m. in the memory of Phil J. Maestas, following a brief remembrance by Mayor Williamson.

ADJOURNMENT
The Council adjourned at 6:20 p.m.

REPORT FROM CLOSED SESSION
cs1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1), Impasse Binding Arbitration Pursuant to Charter Section 5.4, Monterey Fire Fighters Association / International Association of Fire Fighters Local 3707 v. City of Monterey, State of California Public Employment Relations Board CSMCS Case No. ARB-22-0230 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: On a unanimous roll call vote, the Council gave confidential direction to their legal counsel
Council Regular Meeting, 2/6/2024, Item No. 3., Item Page 4, Packet Page 17 City Council Minutes January 16, 2024
5 cs2. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1):

1. City of Monterey v. Marianne McNicol (Monterey County Superior Court Case No. 23CV001205)

2. Jhonrico Carr v. City of Monterey, et al. (Monterey County Superior Court Case No. 23CV003171)

3. Lynne Denley v. City of Monterey, et al. (Monterey County Superior Court Case No. 23CV000133)

4. Francisca Moralez v. City of Monterey et al. (United States District Court Northern District of California Case No. 22-CV-07540)

5. Richard Rosendale v. City of Monterey (Monterey County Superior Court Case No. 23CV000879)

6. Ronald Rogers v. City of Monterey (Monterey County Superior Court Case No. 23CV003206)

7. Jackson Sherry v. City of Monterey (United States District Court, Northern District of California, San Jose Division, Case No. 5:23-CV-03903-SVK)

8. Pacific Western Bank v. City and Stronghold Engineering, Inc. (San Bernardino Superior Court Case No. CIVSB2212212; Fourth District Court of Appeal Case No. E082907)

9. Stronghold Engineering, Inc. v. City of Monterey (Santa Clara County Superior Court Case No. 18CV329015; Sixth District Court of Appeal Case No. H050157; Supreme Court of California Case No. S283051)

10. Stronghold Engineering, Inc. v City of Monterey (Riverside County Superior Court Case No.

CVR12103427; Fourth District Court of Appeal, Division 2, Case No. E080304; Fourth District Court of Appeal, Division 1, Case No. D082763)

11. Cynthia Wills v. City of Monterey (United States District Court, Northern District of California, San Francisco Division Case No. 21-CV-01998 EMC)

12. Sichel Young v. City of Monterey, et al (Monterey County Superior Court Case No. 22CV002243)

13. Marina Vargas Garcia v. City of Monterey (Monterey County Superior Court Case No. 23CV002501)

14. Jeremiah Ruttschow v. City of Monterey (Workers Compensation Appeals Board Case Nos. ADJ17283108 and ADJ14918286)
(Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: The Council took no reportable action in cases 1 through 13; On a unanimous roll call vote, the Council gave confidential direction to legal counsel regarding case 14 (Ruttschow)
Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor
Council Regular Meeting, 2/6/2024, Item No. 3., Item Page 5, Packet Page 18

MINUTES

CITY COUNCIL SPECIAL MEETING

CITY OF MONTEREY
Wednesday, January 24, 2024
4:00 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, Police Chief, Parks and Recreation Director, Finance Director, Human Resources Director, Library & Museums Director, Public Works Director, City Clerk, Interim Fire Chief, Deputy Public Works Director/City Engineer, Engineering Assistant, Harbormaster, Parks Operations Manager, Recreation Manager, Chief Information Officer, Planning Manager, Environmental Regulations Manager, Fleet Manager, Public Works Administrative Services Manager, Fitness Manager, Senior Accountant

CALL TO ORDER
Mayor Williamson called the meeting to order at 4:00 p.m. City Clerk Klein called the roll, with the Council present as listed above. Due to an issue with the sound system in the Council Chamber, the Council recessed at 4:02 p.m. and reconvened at 4:13 p.m. when the system was restored.

PLEDGE OF ALLEGIANCE
Councilmember Barber led the Pledge.

STUDY SESSION

1. Receive Update on the 2024 City Staff Work Program (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received update, provided direction
Assistant City Manager Rojanasathira gave the staff presentation, updating the Council and public on the City staff's work program. He answered Councilmembers' questions, with additional input from City Manager Uslar, Public Works Director Renny, Library & Museums Director Edwards, Finance Director King, and Community Development Director Cole.

Public comment was received from Tom Rowley, of Fisherman's Flats Homeowners and Residents Association, who urged the Council to modify the Highway 68 Area Plan to delete the transportation limitation for annexation of properties to the City of Monterey; and Esther Malkin, who questioned the status of ADA compliance and the appropriateness of NCIP's involvement in paying for it, and complimented the Police Department for recent outreach about Automated License Plate Readers (APLRs).

The Council discussed the matter.

Date: 2/6/2024
Item No.: 4.

Council Regular Meeting, 2/6/2024, Item No. 4., Item Page 1, Packet Page 19 City Council Minutes January 24, 2024
2 Comments were made praising City staff for their hard work and important accomplishments and pledging that the Council would continue to support staff's efforts. Specific positive remarks were made on topics including the City's community outreach and engagement, focus on transparency and collaboration, progress on reserve funds, progress on electric vehicle charging stations (noting more were still needed), work on both the Old Capitol Site and Laguna Grande Regional Park plans, and new business license inspection program, which it was stated was already finding opportunities for collecting additional funds and with which the business districts were quite pleased.

Topics and priorities highlighted for further discussion and attention included:
 Highway 68 corridor, including revising the Highway 68 Area Plan and considering annexation, citing the County's plan to build low-income housing and the resulting impacts on City services while the County would get the majority of the tax revenue; staying engaged with Transportation Agency for Monterey County (TAMC) as they work on designing roundabouts and improving transportation in the area; conducting outreach with Monterey residents; and exploring the relationship with the Airport and the Fire Department's service times along the Highway 68 Corridor;  Undergrounding utilities, including investigating financing options such as a permanent budget allocation, utilizing liens and bonds, and implementing undergrounding on a neighborhood-by-neighborhood basis; and recognizing that undergrounding would fit into the Council's strategic vision by preserving or improving aesthetics, increasing safety, reducing fire risk, and increasing sustainability and grid resiliency;  Water, including continuing to negotiate with the Marina Coast Water District and look for other water opportunity sites; and beginning to discuss how to prioritize allocation of water received in the future from the expansion of the Pure Water Monterey project and potentially from Lake El Estero;
 Affordable housing projects, including trying to find ways to expedite the process of developing the Madison Street site with MidPen Housing; and, if an increased future water allocation allowed, reconsideration of revisiting opportunity sites including Adams Street without slowing down the Madison Street project;  City's Fort Ord property, including the potential, once more was known about the status of water and assessment, of looking into moving ahead with development opportunities without having to do another Request for Proposals (RFP);  Wildfire prevention;
 Neighborhood and Community Improvement Program projects backlog, and what could be done to move projects through to completion;
 Community outreach and engagement, including being alert to changes in dynamics and modifying approaches to better suit our communities; increasing community involvement in the budget process; focusing on recent, current and planned projects and successes and conveying them to the public on a map or roadmap; and improving and increasing stakeholder partnerships in a way that would be more intentional and focused on social justice;
 Economic development, including concern about commercial properties sitting vacant and how to utilize the City's Planning team to maximize land use; interest in employing Council Regular Meeting, 2/6/2024, Item No. 4., Item Page 2, Packet Page 20 City Council Minutes January 24, 2024
3 an economic development director; further supporting business districts; and encouraging community members in starting small businesses;  Business district revitalization, including negative impacts on other businesses when one business closes and was left vacant; revisiting in more detail the North Fremont Specific Plan; and looking into revitalization opportunities in the Downtown, Cannery Row, and North Fremont areas;
 Education and the Monterey Peninsula Unified School District (MPUSD), including building a stronger partnership between the City and MPUSD to address issues such as housing and enrollment rates and getting involved with the MPUSD board and visiting their meetings regarding matters that impact their district;  Arts and performing arts, including beautifying the City with public art; increasing offerings in the community and especially for teens; discussing with the NCIP Committee how their program could work with local artists; and collaborating with the Monterey Museum of Art and others to develop Calle Principal into an art corridor;  Resident engagement, including encouraging residents to reach out to Councilmembers and city staff to communicate issues and successes;
 Supporting the Monterey Sports Center in continuing to add back programs and have families return, including considering fundraising opportunities for the community;  Charter amendments, including cleaning up language regarding vacated seats when Councilmembers run for Mayor, and involving the public in the discussion;  Rental inventory, including ensuring a broad approach to community engagement that solicits anecdotal stories and provides ways for people to share stories anonymously to get information that will allow future Councils to make data-driven decisions; and  Supporting the Planning team as it works through a challenging work program including numerous items listed above, and looking into opportunities to add positions to provide better support.

The above items were not prioritized in any order by the Council.

The Council held a brief conversation about recognizing in general what was and was not doable, practical, and a priority.

ADJOURNMENT
The Council adjourned at 5:53 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor
Council Regular Meeting, 2/6/2024, Item No. 4., Item Page 3, Packet Page 21 Council
Agenda Report
№08/22
FROM: Andrea Renny, Public Works Director
Prepared By: Scott Bowen, Engineering Project Manager
SUBJECT: Award a Construction Contract in the Amount of $617,460.00 to All County Flooring for Replace Flooring Project at Ord Military Community (Categorically Excluded from NEPA 32 CFR, Part 651, Section II(g )(1), CEQA Not a Project) ***IGSA***
RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Awarding a Construction Contract in the Amount of $617,460.00 to All County Flooring for the OMC B7693 Replace Flooring Project (POM 23-055) (“Project”);

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

3. Authorizing staff to expend up to an additional 10% for unforeseen construction contingencies for timely completion of the Project.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

This 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.

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

Date: 2/6/2024
Item No.: 5.

Council Regular Meeting, 2/6/2024, Item No. 5., Item Page 1, Packet Page 22 FISCAL IMPLICATIONS:

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 Construction Contract utilizes an accepted “piggyback” option from the University of California (#202002143) through Omnia Partners (previously US Communities & National IPA), approved by the Finance Director, or their designee, on December 11, 2023.

Estimated Construction Cost:

Total Bid (Base Bid + Additive Alternates) $617,460
Construction Contingency (10%) $ 48,530
Total Construction Cost (This Authorization) $679,206
Construction Management (City Staff & Indirect Cost) $ 30,000 Total Estimated Cost to Complete the Project $709,206
Funding Available:

This Project has an available funding balance of $730,749 as of December 2023. Therefore, funding is available in the project account for the construction of the Total Base Bid and Additive Alternates. Execution of this project is fully funded by the Department of the US Army through the IGSA.

ENVIRONMENTAL DETERMINATION:

The City confirmed that All County Flooring will not use Off Road Diesel Fueled Fleets or vehicles on the project and therefore did not obtain Certificates of Reported Compliance from the contractor as would otherwise be required by the California Air Resources Board.

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, II(g)(1) Routine repair and maintenance of buildings, airfields, grounds, equipment, and other facilities. Examples include, but are not limited to:

Removal and disposal of asbestos-containing material (for example, roof material and floor tile) or lead-based paint in accordance with applicable regulations; removal of dead, diseased, or damaged trees; and repair of roofs, doors, windows, or fixtures (REC required for removal and disposal of asbestos-containing material and lead-based paint or work on historic structures).

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.

Council Regular Meeting, 2/6/2024, Item No. 5., Item Page 2, Packet Page 23 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 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.

ALTERNATIVES CONSIDERED:

Council could choose to not award the piggyback contract and direct staff to advertise the project for bids. This is not recommended, as the proposed piggyback contract allows for more efficient completion of the project.

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 (OMC), and U.S. Army Support Activity (USASA) at Camp Roberts.

Generally, the City of Seaside handles U.S. Army projects that are located within OMC, however, due to the size of the project and the limited staffing available, Seaside asked for the staff at Monterey to administer and manage this project.

Project
Flooring throughout the Monterey Road Child Development Center (MRCDC)-B7693 is warped, cracked, peeling away at corners, and pulling away, exposing nails. Several service requests have been submitted to address issues individually; however, repairs continue to be required as indicated during monthly Environmental Health Inspections. Replacement of the flooring is necessary to maintain a safe environment for the children, as well as reduce the amount of necessary maintenance repairs.

The scope of work includes removal and replacement of approximately 15,000 square feet of flooring material in the childcare areas. The existing floor coverings, transition strips, and cove base will be removed and sheet vinyl flooring will be installed. The new flooring and cove base is certified to meet indoor air quality requirements, specified by US Army requirements.

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 Construction contract utilizes an accepted “piggyback” option from the University of California (#202002143) 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:

Council Regular Meeting, 2/6/2024, Item No. 5., Item Page 3, Packet Page 24

1. Awarding a Construction Contract in the Amount of $617,460.00 to All County Flooring Company for the OMC B7693 Replace Flooring Project (POM 23-055) (“Project”);

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

3. Authorizing staff to expend up to an additional 10% for unforeseen construction contingencies for timely completion of the Project.

Attachments: 1. Resolution
e: All County Flooring
Carl Hancock, President
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, 2/6/2024, Item No. 5., Item Page 4, Packet Page 25 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№12/12
AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $617,460.00 TO ALL

COUNTY FLOORING FOR REPLACE FLOORING PROJECT AT
ORD MILITARY COMMUNITY ***IGSA***
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 Construction Contract utilizes an accepted “piggyback” option from the University of California (#202002143) 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;
WHEREAS, sufficient funding is available to complete the Base Bid plus Additive Alternates of the OMC B7693 Replace Flooring project in project account POM 23-055; and, WHEREAS, 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, II(g)(1) Routine repair and maintenance of buildings, airfields, grounds, equipment, and other facilities. Examples include, but are not limited to: Removal and disposal of asbestos-containing material (for example, roof material and floor tile) or lead-based paint in accordance with applicable regulations; removal of dead, diseased, or damaged trees; and repair of roofs, doors, windows, or fixtures (REC required for removal and disposal of asbestos-containing material and lead-based paint or work on historic structures).

WHEREAS, the City confirmed that All County Flooring will not use Off Road Diesel Fueled Fleets or vehicles on the project and therefore did not obtain Certificates of Reported Compliance from the contractor as would otherwise be required by the California Air Resources Board;
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.

Council Regular Meeting, 2/6/2024, Item No. 5., Item Page 5, Packet Page 26 2 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 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.

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 Construction Contract in the Amount of $617,460.00 to All County Flooring for the OMC B7693 Replace Flooring Project (POM 23-055);

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

3. Authorizes staff to expend up to an additional 10% for unforeseen construction contingencies for timely completion of the Project.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 2/6/2024, Item No. 5., Item Page 6, Packet Page 27 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Janna Aldrete, Property Manager
SUBJECT: Authorize Two (2) New Forty-Nine Feet (49') Long by Fifteen Feet (15') Wide Boats and Revise the New Horizon Dimensions to Forty-Eight Feet (48’) Long by Fifteen Feet (15’) Wide at 66 Fisherman's Wharf (Discovery Charters, Inc.) (Exempt from CEQA, Article 19, Section 15061 (b)(3))
RECOMMENDATION:

That the City Council adopt the attached resolution authorizing the addition of two (2) new fortynine feet (49') long by fifteen feet wide (15') boats and revising the New Horizon dimensions to forty-eight feet (48’) long by fifteen feet (15’) wide at 66 Fisherman's Wharf (Discovery Charters, Inc.).

VALUE DRIVERS:

POLICY IMPLICATIONS:

City Council approval is required for this type of activity. Under the lease agreement, the tenant must receive permission from the City to dock additional fishing trips and tour boats for the purposes of loading and unloading passengers to and from Fisherman’s Wharf. This action is consistent with the ground lease regarding additional boats. The addition of the two boats does not trigger requirements for a lease amendment.

The Surplus Land Act does not apply to Tidelands property.

FISCAL IMPLICATIONS:

There is the potential for increased rent revenue for the City. The current lease establishes a rent schedule consisting of a minimum rent versus a percentage rent based on gross business receipts, whichever is greater. Additional boats increase the number of passengers that can be accommodated, thus increasing revenue. This lessee has consistently paid percentage rent over the past several years, except for a short period during the COVID-19 pandemic.

ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action is exempt from the California Environmental Quality Act Guidelines (Article 19, Section 15061(b)(3). 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 Date: 2/6/2024
Item No.: 6.

Council Regular Meeting, 2/6/2024, Item No. 6., Item Page 1, Packet Page 28 environment, the activity is not subject to CEQA. Because the proposed action has no potential to cause a significant effect on the environment, the activity is not subject to CEQA.

ALTERNATIVES CONSIDERED:

The City Council could decide to deny the concessionaire’s request to add the two new boats at Concessions 19, 24, 25, and 26. Staff does not recommend this alternative because there is the potential for increased rental revenue to the City, and the existing improvements are adequate to accommodate the increased number of boats.

DISCUSSION:

Background
The property located at 66 Fisherman’s Wharf is subject to a ground lease dated June 9, 1992, as assigned and amended. The lease was assigned by Peter Bruno and Carol Bruno to Discovery Charters, Inc. on March 28, 2017. Discovery Charters offers whale watching and fishing trips. The property consists of Concessions 19, 24, 25, and 26. A portion of the leased premises includes 2,700 square feet of water space, which is to be reasonably used between Concessions 19, 24, and 26.

Council Regular Meeting, 2/6/2024, Item No. 6., Item Page 2, Packet Page 29 In 2015, Monterey Bay Boat Charters (dba Monterey Bay Whale Watch), the neighboring Concession 18 sublessee, purchased the vessel Blackfin (65’ x 27’), which required City Council approval. Public comment received at the July 21, 2015 City Council meeting included concerns with the Blackfin navigating safely to the Concession 18 dock and the impact the Blackfin vessel might have on the adjacent sailing operations at Concession 21. The City Council requested staff to set up a meeting with the affected parties from Concession 18 and Concession 21 to try to come to a resolution. Mediation was conducted as a result of the City Council's direction, and a settlement agreement resolving the dispute was executed on August 27, 2015. As a result of the mediation, and pursuant to Resolution No. 15-175 (Attachment 2), the operator of the Blackfin will communicate the presence of surge and/or swells to the operators of Concession 21 and Concession 19 to keep these operators informed of times when the boat will be approaching the Concession 18 dock.

Also in 2015, the City Council adopted Resolution No. 15-200 (Attachment 3), requiring the operator of Concession 21 boats to communicate the presence of surges and/or swells to the operators of Concession 18 and Concession 19 to keep these operators informed of times when any of the Concession 21 boats will be approaching the Concession 21 floating dock.

Staff is not aware of any navigational issues between the vessels operated at Concession 18, Concession 19, and Concession 21. The operators will need to continue to communicate to ensure boats are safely navigated.

Discovery Charters’ Request
On November 17, 2023, the City received a formal request from Mr. Mat Arcoleo to approve a new boat, Kahuna (49’x15’). Upon review of the request, it was determined that Discovery Charters never received City Council approval to operate the vessel, Pacifica (49’ x 15’) from the premises. Therefore, Discovery Charters requests the City Council approve both vessels, Kahuna and Pacifica.

Analysis
Two (2) boats are currently approved for loading and unloading passengers at Concessions 19, 24, 25, and 26: New Horizon (53’ x 17’, formerly named Sur Randy) and Chubasco (60’ x 20’).

However, the United States Coast Guard Certificate of Documentation identifies the dimensions of New Horizon as 48.4’ x 15.1’. The lessee currently operates three (3) vessels from the leased premises: New Horizon, Chubasco, and Pacifica (49’ x 15’). Pacifica has been operating without the benefit of City Council approval. If the approval is granted for Pacifica and Kahuna, the lessee will have four (4) permanent boats. Three (3) of the boats will be berthed at the leased water spaces, and one boat will be berthed in the marina. Discovery Charters, under different business partner names, is on the City’s waiting list for two 50’ slips.

As of the writing of this report, Mr. Arcoleo anticipates running three boats most of the time.

During peak season, four boats will operate at staggered times, with up to twelve (12) trips per day. Any combination of three (3) of the previously identified boats will fit within the leased water space at any given time. Mr. Arcoleo has been in contact with the neighboring businesses when utilizing Concession 19.

Council Regular Meeting, 2/6/2024, Item No. 6., Item Page 3, Packet Page 30 The Harbormaster has reviewed the request for the Pacifica and Kahuna. The Harbormaster supports the new vessels with the understanding that the boat operators will continue to work together to avoid vessel congestion due to the limited space.

As required under Resolution No. 15-175 and Resolution No. 15-200, it is reasonable to impose similar navigational conditions on the operations at Concession 19 to ensure that the impacts of larger boats are minimized. For this reason, staff proposes conditions similar to those imposed on Concession 18 and Concession 21 be applied to this approval. Recommended conditions are:

1. The operator of the Concession 19 boat will communicate the presence of surge and/or swells to the operators of Concession 18 and Concession 21 to keep these operators informed of times when any of Concession 19 boats will be approaching Concession 19.

2. The operator of the Concession 19 boat will deploy inflatable fenders on any of its boats when weather conditions make the waters rougher to reduce potential for damage if the boats were to bump another boat. The operator of Concession 19 will use best judgment as to when the fenders will be deployed.

City Council approval of the Pacifica and Kahuna is consistent with the procedures set forth in the lease agreement.

Attachments: 1. Draft Resolution

2. Resolution No. 15-175

3. Resolution No. 15-200
JA/ad
e: Wendy Brickman, President, Fisherman’s Wharf Association Mat Arcoleo, Discovery Charters, Inc. (Concessions 19, 24-26) John Mayer, Discovery Charters, Inc. (Concessions 19, 24-26) Chris Arcoleo, Chris’ Fishing Trips (Concession 18, 22, 23) Nancy Black, Monterey Bay Whale Watch (Concession 18)
Anthony Rappa (Concession 21)
Paul Bowker, Sail Monterey (Concession 21)
Brian Nelson, Harbormaster
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, 2/6/2024, Item No. 6., Item Page 4, Packet Page 31 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№010/23
AUTHORIZING TWO (2) NEW FORTY-NINE FEET (49') LONG BY FIFTEEN FEET (15') WIDE BOATS AND REVISE THE NEW HORIZON DIMENSIONS TO FORTY-EIGHT FEET (48’) LONG BY FIFTEEN FEET (15’) WIDE AT 66 FISHERMAN'S WHARF (DISCOVERY CHARTERS, INC.)
WHEREAS, Wharf I Concessions 19; 24-25-26 is a sport fishing and tour boat operation pursuant to a ground lease dated June 9, 1992 (“Lease”) between the City of Monterey as ground lessor (“Lessor”) and Discovery Charters, Inc., as ground lessee (“Lessee”); WHEREAS, under the Lease, the Lessee must receive City Council approval for any additional boat;
WHEREAS, the Lessee is currently authorized two (2) charter boats for fishing and whale watching: Chubasco (60’ x 20’) and New Horizon (53’ x 17’, formerly Sur Randy); WHEREAS, the United States Coast Guard Certificate of Documentation identifies the dimensions of New Horizon as 48.4’ x 15.1’;
WHEREAS, the Lessee requests permission to operate two (2) new forty-nine feet (49’) long by fifteen feet (15’) wide boats, named Pacifica and Kahuna; WHEREAS, the leased premises includes 2,700 square feet of water space to be reasonably used between Concessions 19, 24, and 26 to load and unload charter boat passengers;
WHEREAS, any combination of three (3) approved boats docked at Concession 19, Concession 24 and Concession 25 will not exceed the 2,700 square feet of water space; WHEREAS, there should be adequate space between the Concession 19 water space, Concession 18 water space, and Concession 21 water space to safely accommodate the entry and exit from Concession 19; and
WHEREAS, the City of Monterey determined that the proposed action is exempt from the California Environmental Quality Act Guidelines (Article 19, Section 15061(b)(3). 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 has no potential to cause a significant effect on the environment, the activity is not subject to CEQA;

Council Regular Meeting, 2/6/2024, Item No. 6., Item Page 5, Packet Page 32 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby authorizes approval of a new 49’ long by 15’ wide boat named Pacifica and a new 49’ long and 15’ wide boat named Kahuna for charter boat operations, pursuant to the Lease, at Fisherman’s Wharf Concessions 19, 24-25-26 based on the determination that operation of the boats is consistent with permit procedures set forth in the Lease.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that for purposes of the lease agreement, it acknowledges the New Horizon is 48’ x 15’.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby declares that the operation of boats at Concession 19 shall be subject to the following conditions:

1. The operator of any Concession 19 boat will communicate the presence of surge and/or swells to the operators of Concession 18 and Concession 21 to keep these operators informed of times when any Concession 19 boat will be approaching Concession 19.

2. The operator of any Concession 19 boat will deploy inflatable fenders on any boat when weather conditions make the waters rougher to reduce potential for damage if the boat were to bump another boat. The operator of any Concession 19 boat will use best judgment as to when the fenders will be deployed.

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, 2/6/2024, Item No. 6., Item Page 6, Packet Page 33

Attachment 2
Council Regular Meeting, 2/6/2024, Item No. 6., Item Page 7, Packet Page 34 Council Regular Meeting, 2/6/2024, Item No. 6., Item Page 8, Packet Page 35 Council Regular Meeting, 2/6/2024, Item No. 6., Item Page 9, Packet Page 36 Council Regular Meeting, 2/6/2024, Item No. 6., Item Page 10, Packet Page 37 RESOLUTION NO. 15-200 C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
APPROVE WHARF MASTER PLAN PERMIT P 15-325 TO ALLOW REPLACEMENT OF WYLECAT 30 FOOT LONG AND 9.5 FOOT WIDE SAILBOAT WITH A 50 FOOT LONG AND 14 FOOT WIDE SAILBOAT FOR WHARF I CONCESSION #21 AT 78 FISHERMAN'S WHARF WHEREAS, Wharf I Concession #21 is a Harbor Tours operation pursuant to a Ground Lease commencing August 1, 1991 between the City of Monterey as Ground Lessor ("Lessor") and Anthony R. Rappa as Ground Lessee ("Lessee");
WHEREAS, with Lessor's consent the Lessee entered into a sublease with Dutch Meyer (the "Sublessee") on September 4, 2002;
WHEREAS, the Sublessee requests permission to replace an existing 30' by 9.5' boat with a 50' by 14' boat for operation at Wharf I Concession #21; WHEREAS, Wharf Master Plan in Section V.6 sets forth the permit procedure for replacing boats with larger boats at Wharf I and the procedure requires City Council review and approval;
WHEREAS, the Wharf Master Plan in Appendix C allows a maximum of six (6) boats to operate from Concession #21 and this limit will not be exceeded by approval of the requested replacement boat;
WHEREAS, there should be adequate space between the Concession #21 floating dock and Concession #18 that is located directly west of Concession #21 to safely accommodate the new boats entry and exit from Concession #21;
WHEREAS, as requested by the Council in response to complaints between Concession #18 and Concession #21, the subtenants at these concessions have met to discuss the various concerns regarding the operation of the concessions and the use of the common water space located between the Concessions;
WHEREAS, the subtenants at Concession #21 and Concession #18 have agreed not to oppose operations of the others concession;
WHEREAS, City Council approval of the requested replacement boat at Concession #21 will be consistent with permit procedures set forth in the Wharf Master Plan; and WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301 & 15327, Class 1 & 27) because the project proposes operation of a 50' by 14' replacement sailboat at Wharf I Concession #21. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Attachment 3
Council Regular Meeting, 2/6/2024, Item No. 6., Item Page 11, Packet Page 38 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 project proposes a 50' by 14' replacement sailboat at Wharf I Concession #21. No impact to the environment is anticipated.

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 proposes operation of a 50' by 14' replacement sailboat at Wharf I Concession #21. No cumulative impact is anticipated.

Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The project proposes operation of a 50' by 14' replacement sailboat at Wharf I Concession #21. No significant effect is anticipated.

Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). The project proposes operation of a 50' by 14' replacement sailboat Wharf I Concession #21. No impact to scenic highways will occur.

Exception e - Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. The project site is not listed pursuant to Government Code Section 65962.5.

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 proposes operation of a 50' by 14' replacement sailboat at Wharf I Concession #21. No impact to historic resources is anticipated.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby authorizes replacement of a 30' long by 9.5' wide sail boat with a 50' long by 14' wide boat for charter boat operations at Wharf I Concession #21 based on the determination that operation of this replacement boat at Concession #21 is consistent with permit procedures set forth in the Wharf Master Plan; and that this approval shall not be construed as providing permission to permanently berth the boat at Wharf 1, which is a focus of the Monterey Bay Sailing lease amendment application.

BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby requires operation of the replacement boat at Wharf I Concession #21 to be subject to the following conditions:

1. The operator of the Concession #21 boat will communicate the presences of surge and/or swells to the operators of Concession #18 and Concession #19 to keep these operators informed of times when any of Concession #21 boats will be approaching the Concession #21 floating dock.

Attachment 3
Council Regular Meeting, 2/6/2024, Item No. 6., Item Page 12, Packet Page 39

2. The operator of Concession #21 will deploy inflatable fenders on the any of its boats when weather conditions make the waters rougher to reduce potential for damage if the boats were to bump another boat. The operator of Concession #21 will use best judgment as to when the fenders will be deployed.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this 20th day of October, 2015, by the following vote:

AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haifa, Roberson, Smith NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
APPROVED:

ATTEST: q F
City Clerk thereof
Attachment 3
Council Regular Meeting, 2/6/2024, Item No. 6., Item Page 13, Packet Page 40 Council
Agenda Report
№08/22
FROM: Rafaela T. King, CPA, Finance Director
SUBJECT: Implement a Customer Financial Assistance Program for Sewer Treatment Billing (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council approve a resolution to implement a customer financial assistance program for sewer treatment billing.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

The Council has the authority to set policy.

Article XIIID, §6(b)(3) of the California Constitution (Proposition 218) provides: “The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributed to the parcel.” Consequently, other ratepayers cannot subsidize a reduced or waived rate for low-income residents, seniors, lifeline, or physically challenged residents. It is legal for the City’s general fund to subsidize discounted or waived rates and make up the difference. Approval of this action means that the City Council has decided to fund the discounted rates from the General Fund.

FISCAL IMPLICATIONS:

The City would like to implement a customer financial assistance program for the City’s portion of the sewer treatment billing that is collected by Monterey One Water (M1W).

M1W implemented a customer assistance program for residents who were having financial difficulties in 2020 during the pandemic. During the period of July 2021 through August 2023, M1W provided assistance to approximately 90 residents living in Monterey, which for two months’ worth of assistance for Monterey’s portion of $10.70/month would have equated to $2,000 over this time span (assuming two months of assistance). The City does not have a program in place that allows M1W to waive the City’s portion, leaving the residents to continue to be responsible for the payment during their designated relief period. Currently, M1W’s Board Date: 2/6/2024
Item No.: 7.

Council Regular Meeting, 2/6/2024, Item No. 7., Item Page 1, Packet Page 41 has authorized the provision of four months of assistance for 24-25 customers, which would equate to approximately $4,000 for the City of Monterey’s portion.

This small reduction in revenues for the City’s portion of sewer treatment billing is expected to be absorbed by the slight increase in revenues resulting from the direct billing on the tax roll in addition to funding of $10,000 set aside in the FY 2023-24 budget from the General Fund to cover this program.

ENVIRONMENTAL DETERMINATION:

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

DISCUSSION:

The City contracts with Monterey One Water (M1W) to bill and collect sewer treatment fees.

M1W has established a customer assistance program, and the City of Monterey would also like to establish a customer assistance program for its citizens who may need some temporary assistance in regards to paying the City portion of their sewer treatment bill.

To qualify for the assistance program, a resident must be enrolled in one of the assistance programs offered through M1W. The City, in turn, will grant authority to those approved residents to waive the amount charged on their sewer treatment bill by the City for those qualifying periods.

Currently, M1W has proposed to their Board of Directors a staff report to discuss changes to their various customer Assistance Programs. The City, in essence, would also like to consider the same proposals and mirror the implementation of M1W’s discounts.

Monterey One Water uses unrestricted revenue, grants, and donations to fund the Low-Income Sewer Assistance program. As required by law, funding does not come from user fees assessed to our customers. Each year, the program is contingent on the availability of unrestricted funds. This is because Proposition 218 prohibits one group of ratepayers from subsidizing other groups of ratepayers. For example, if seniors are charged an artificially lower rate simply because they are seniors, that means ratepayers are subsidizing the reduced rate (i.e., paying the difference) and are, therefore, paying more for their service than is attributable to their parcel. To address this issue, the City Council will need to use the City’s General Fund to subsidize the difference between the discounted or waived rates.

Council Regular Meeting, 2/6/2024, Item No. 7., Item Page 2, Packet Page 42 During the past few fiscal years, M1W has offered various types of financial assistance programs to customers in its service area, all of which are included in the M1W website at https://www.montereyonewater.org/334/Payment-Assistance-Programs, and also noted on customers’ bills and on the United Way 2-1-1 hotline. The programs currently in place were designed in order to minimize the administrative burden on M1W staff in overseeing these programs. From July 2021 through August 2023, the program has helped 92% of homeowners and 8% of renters. Proposed changes presented to the M1W Board of Directors aims to increase the amount of assistance available and also opens up to additional residents that has the potential to increase the amount of renters that can benefit from the program.

With the approval of moving the billing on the tax roll for FY 2024-25, which frees up some administrative staff time, M1W has proposed to its board an expansion of the program that allows for more residents to be granted assistance as outlined in Attachment 2.

Monterey One Water Residential Low-Income Sewer Assistance Program M1W has developed a Low-Income Sewer Assistance Program to help qualifying residential customers with their wastewater treatment bills. Customers approved for the program will receive a credit for one bi-monthly billing cycle for Monterey One Water's wastewater treatment fee. The credit does not include any "City Charges" added on by our member entities to cover their collection service. Customers can apply for this assistance credit each year, depending on the availability of funds. Note that the name and service location must be the same on the PG&E and Monterey One Water bills and that the rebate is not transferable to a new address or person.

California's Low-Income Household Water Assistance Program (LIHWAP) Monterey One Water is enrolled in the State of California's one-time, federally funded relief program for water and/or wastewater services. LIHWAP is designed to provide financial assistance to low-income households who have a past-due balance for water and/or wastewater services. The State has contracted with Central Coast Energy Services to manage this program.

Eligible households may receive one benefit payment for water OR wastewater during the program period (May 2022 through June 30, 2024) with a maximum benefit of $2,000. Payment can cover the water OR wastewater arrearage amount, including current charges, late fees, reconnection fees, taxes, and other charges. This program is administered by Central Coast Energy Services.

Monthly Payment Options
While wastewater bills are due on a bi-monthly basis, it is easy to make monthly payments.

Customers can use any of the choices listed on the M1W Payment Options page to make payments monthly. Customers can make as many payments as they like during each billing cycle, but the balance must be paid in full by the due date to avoid penalties. 2-1-1 Program
If a customer is a renter or landlord facing financial hardship and is having difficulty making their rent and utility payments, the United Way's 2-1-1 Program can connect them to a community resource specialist who can put them in touch with local organizations that provide critical Council Regular Meeting, 2/6/2024, Item No. 7., Item Page 3, Packet Page 43 support services. 211 is a free, confidential helpline that connects people of all ages and from all communities to the essential health and human services they need.

Staff recommends that Council approves the establishment of a customer financial assistance program for sewer treatment billing for those customers approved by M1W.

RTK
Attachments: 1. Resolution

2. Monterey One Water - Residential Customer Assistance Program Proposed Changes Effective for Fiscal Year 2024-2025
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, 2/6/2024, Item No. 7., Item Page 4, Packet Page 44 RESOLUTION NO. __- ___ C.S.

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

ADOPTING A RESOLUTION TO IMPLEMENT A CUSTOMER FINANCIAL ASSISTANCE

PROGRAM FOR SEWER TREATMENT BILLING FOR THE CITY OF MONTEREY, WHEREAS, the City of Monterey would like to implement a customer financial assistance program for sewer treatment billing; and
WHEREAS, the City contracts with Monterey One Water (M1W) to bill its residents for the City’s portion of the sewer treatment fee; and
WHEREAS, M1W has implemented a customer assistance program for residents having financial difficulties that apply, meet the eligibility requirements and are approved; WHEREAS, Article XIIID, §6(b)(3) of the California Constitution (Proposition 218) provides: “The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributed to the parcel.” Consequently, other ratepayers cannot subsidize a reduced or waived rate for low-income residents, seniors, lifeline, or physically challenged residents. It is legal for the City’s general fund to subsidize discounted or waived rates and make up the difference. Approval of this action means that the City Council has decided to fund the discounted rates from the General Fund;
WHEREAS, the City grants authority to waive the City’s portion of the sewer treatment fee to those residential customers who have been approved by M1W; and WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines”), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

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

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby adopts and approves the establishment and implementation of a Council Regular Meeting, 2/6/2024, Item No. 7., Item Page 5, Packet Page 45 2 Customer Financial Assistance Program for Sewer Treatment billing to waive the City’s portion of fees being waived by those customers who have been deemed eligible and approved by Monterey One Water and to pay out of the General Fund the subsidized amount not to exceed $10,000 as reported by M1W.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 2/6/2024, Item No. 7., Item Page 6, Packet Page 46 Current
Proposed
(Billing on Tax Roll)
Proposed
(Bi-monthly Billing)
Customer Assistance 2 months 4 months 4 months
Eligibility
Requirements
Single family residence Any residential unit Single family residence Enrollment in PG&E CARE
Program
Options:
• Enrollment in PG&E CARE
Program,
• Enrollment in PG&E FERA
Program, or
• AGI based on County
established low-income
levels (using tax return as
verification)
Options:
• Enrollment in PG&E CARE
Program or
• Enrollment in PG&E FERA
Program
Renters Third-party authorization with
M1W bill in renter’s name
Certification Letter of sewer
service included in rent
Third-party authorization with
M1W bill in renter’s name
Type of Assistance Credit on M1W bill Direct annual payment assistance or annual fee credit
Credit on M1W bill
Residential Customer Assistance Program
Proposed Changes Effective for Fiscal Year 2024-2025
ATTACHMENT 2
Council Regular Meeting, 2/6/2024, Item No. 7., Item Page 7, Packet Page 47 Household Size
1 2 3 4 5 6 7 8
PG&E CARE* $ 39,440 $ 39,440 $ 49,720 $ 60,000 $ 70,280 $ 80,560 $ 90,840 $101,120 PG&E FERA n/a n/a $ 49,721 –
$ 62,150
$ 60,001 –
$ 75,000
$ 70,281 –
$ 87,850
$ 80,561
–
$100,700
$ 90,841 –
$113,550
$101,121 –
$126,400
Lower Income
(80% AMI)
$ 67,450 $ 77,100 $ 86,750 $ 96,350 $104,100 $111,800 $119,500 $127,200 Lower Income
(60% AMI)
$ 54,800 $ 62,650 $ 70,475 $ 78,275 $ 84,575 $ 90,690 $ 97,075 $103,350 Residential Customer Assistance Program
Proposed Changes Effective for Fiscal Year 2024-2025
2023 Income Eligibility Limits
Median Income of Service Area: $80,627
*Corresponds to very-low income level
ATTACHMENT 2
Council Regular Meeting, 2/6/2024, Item No. 7., Item Page 8, Packet Page 48 Residential Customer Assistance Program
Proposed Changes Effective for Fiscal Year 2024-2025

SAMPLES
ATTACHMENT 2
Council Regular Meeting, 2/6/2024, Item No. 7., Item Page 9, Packet Page 49 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) – Continued from January 16, 2024
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: 2/6/2024
Item No.: 8.

Council Regular Meeting, 2/6/2024, Item No. 8., Item Page 1, Packet Page 50 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, 2/6/2024, Item No. 8., Item Page 2, Packet Page 51 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, 2/6/2024, Item No. 8., Item Page 3, Packet Page 52 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, 2/6/2024, Item No. 8., Item Page 4, Packet Page 53 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, 2/6/2024, Item No. 8., Item Page 5, Packet Page 54 Council
Agenda Report
№08/22
FROM: Andrea Renny, P.E., PTOE, Public Works Director
Prepared By: Andrew Easterling, P.E., T.E., City Engineer SUBJECT: Award Five Professional Services Agreements for On-Call Civil Engineering Services Each with a Not-To-Exceed Limit of $500,000.00, for Projects with the City of Monterey to: (1) Kimley-Horn and Associates, Inc.; (2) BKF Engineers; (3) Whitson & Associates, Inc.; (4) Harris & Associates, Inc.; and (5) Mark Thomas & Company, Inc. ***CIP/NCIP*** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council adopt the attached resolutions:

1. Awarding a Professional Services Agreement for On-Call Civil Engineering Services for Projects for the City of Monterey to Kimley-Horn and Associates, Inc. for a term of one year, with the option to extend for four additional one-year terms, with an annual fee not to exceed $500,000.00;

2. Awarding a Professional Services Agreement for On-Call Civil Engineering Services for Projects for the City of Monterey to BKF Engineers for a term of one year, with the option to extend for four additional one-year terms, with an annual fee not to exceed $500,000.00;

3. Awarding a Professional Services Agreement for On-Call Civil Engineering Services for Projects for the City of Monterey to Whitson & Associates, Inc. for a term of one year, with the option to extend for four additional one-year terms, with an annual fee not to exceed $500,000.00;

4. Awarding a Professional Services Agreement for On-Call Civil Engineering Services for Projects for the City of Monterey to Harris & Associates, Inc. for a term of one year, with the option to extend for four additional one-year terms, with an annual fee not to exceed $500,000.00;

5. Awarding a Professional Services Agreement for On-Call Civil Engineering Services for Projects for the City of Monterey to Mark Thomas & Company, Inc. for a term of one year, with the option to extend for four additional one-year terms, with an annual fee not to exceed $500,000.00; and,

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

VALUE DRIVERS:

Date: 2/6/2024
Item No.: 9.

Council Regular Meeting, 2/6/2024, Item No. 9., Item Page 1, Packet Page 55 POLICY IMPLICATIONS:

This action is consistent with the City Council’s Value Drivers and Strategic Priorities of Quality of Life – “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.;” and Fiscal Stewardship – “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.”
This action is also consistent with Council policy to approve Professional Services Agreements exceeding $75,000. On-call agreements are used for other types of professional services throughout the City. These services will augment the City’s capacity for project delivery, consistent with the City Council’s vision and strategic initiative.

FISCAL IMPLICATIONS:

Fees for On-Call Civil Engineering Services will be based on a project-by-project basis directly charged to individual project budgets. Each project is separately approved and budgeted by Council. Consultant support may cost more than having City staff deliver projects; however, consultants can provide specialized knowledge to support projects, improve the production rate, and provide additional quality assurance. The City is under no obligation to expend any funds under these Professional Services Agreements.

ENVIRONMENTAL DETERMINATION:

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

ALTERNATIVES CONSIDERED:

Council could decide to not award these On-Call Civil Engineering Services Agreements and direct staff to issue requests for proposals for each project individually. However, having preapproved, on-call, as-needed firms readily available allows for more efficient and timely delivery of projects.

Council Regular Meeting, 2/6/2024, Item No. 9., Item Page 2, Packet Page 56 DISCUSSION:

The City requires technical assistance from civil engineering firms. The City has a backlog of active and pending projects that require technical support from civil engineers, structural engineers, geotechnical engineers, surveyors, and project managers. Additionally, the City reviews planning and development applications for compliance with stormwater regulations and the Subdivision Map Act, which requires civil engineering and surveying support. Having five (5) on-call civil engineering firms available allows the City to provide these services in a timely manner. Additionally, on-call civil engineering firms can provide specialized knowledge and additional quality assurance to more efficiently deliver projects.

Individual project task orders will be issued based on the firm’s expertise, workload capacity, services to be performed, and schedule requirements submitted in their proposal. All task orders will be issued based on an agreed-upon, written scope of work, proposed schedule, and maximum fee based on their fee schedule and estimated hours negotiated on a project-byproject basis.

Selection of the best-qualified firms was made in accordance with Section 28-30 of the City’s Purchasing Ordinance. On September 26, 2023, a Request for Proposal was issued and advertised through OpenGov. Eleven (11) proposals were received on October 24, 2023. A selection committee consisting of CIP and NCIP Engineering Division staff independently evaluated and ranked the proposals. After deliberations, all eleven (11) firms were ranked with the top five firms selected for award.

Each agreement will have an initial one-year term and a $500,000 aggregate not-to-exceed fee for all tasks provided. The agreement will include an option for four additional one-year extensions also with an annual not-to-exceed funding limit of $500,000.

Therefore, Staff recommends that the City Council adopt the attached resolutions awarding the professional services agreements.

AR/ae/pl
Attachments: 1. Resolution awarding a Professional Services Agreement to Kimley-Horn and Associates, Inc.

2. Resolution awarding a Professional Services Agreement to BKF Engineers

3. Resolution awarding a Professional Services Agreement to Whitson & Associates, Inc.

4. Resolution awarding a Professional Services Agreement to Harris & Associates, Inc.

5. Resolution awarding a Professional Services Agreement to Mark Thomas & Company, Inc.

6. Consultant Selection Evaluation Criteria
e: Kimley-Horn and Associates, Inc.

BKF Engineers
Council Regular Meeting, 2/6/2024, Item No. 9., Item Page 3, Packet Page 57 Whitson & Associates, Inc.

Harris & Associates, Inc.

Mark Thomas & Company, 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, 2/6/2024, Item No. 9., Item Page 4, Packet Page 58 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№010/23
AWARDING PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $500,000 FOR

ON-CALL CIVIL ENGINEERING AND SURVEYING PROFESSIONAL SERVICES FOR PROJECTS WITHIN THE CITY OF MONTEREY TO KIMLEY-HORN AND ASSOCIATES, INC. ***CIP/NCIP ***
WHEREAS, the need exists for the City to obtain prompt professional civil engineering services to support the Capital Improvement Program (CIP), Neighborhood and Community Improvement Program (NCIP) and other municipal programs; WHEREAS, on September 26, 2023, a Request for Proposal was issued and advertised through OpenGov;
WHEREAS, eleven (11) proposals were received on October 24, 2023. A selection committee, consisting of CIP and NCIP Engineering Division staff, independently evaluated and ranked the proposals;
WHEREAS, after deliberations, all eleven (11) firms were ranked as follows, with the top five firms, Kimley-Horn and Associates, Inc., BKF Engineers, Whitson & Associates, Inc., Harris & Associates, Inc., and Mark Thomas & Company, Inc. selected for award; WHEREAS, the firms 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 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.

Council Regular Meeting, 2/6/2024, Item No. 9., Item Page 5, Packet Page 59 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby:

1. Awards a Professional Services Agreement for On-Call Civil Engineering Services for Projects for the City of Monterey to Kimley-Horn and Associates, Inc. for a term of one year, with the option to extend for four additional one-year terms, with an annual fee not to exceed $500,000.00; and,

2. Authorizes the City Manager, or his designee, to execute the Professional Services Agreement 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:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 2/6/2024, Item No. 9., Item Page 6, Packet Page 60 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№010/23
AWARDING PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $500,000 FOR

ON-CALL CIVIL ENGINEERING AND SURVEYING PROFESSIONAL SERVICES FOR PROJECTS WITHIN THE CITY OF MONTEREY TO BKF ENGINEERS***CIP/NCIP *** WHEREAS, the need exists for the City to obtain prompt professional civil engineering services to support the Capital Improvement Program (CIP), Neighborhood and Community Improvement Program (NCIP) and other municipal programs; WHEREAS, on September 26, 2023, a Request for Proposal was issued and advertised through OpenGov;
WHEREAS, eleven (11) proposals were received on October 24, 2023. A selection committee, consisting of CIP and NCIP Engineering Division staff, independently evaluated and ranked the proposals;
WHEREAS, after deliberations, all eleven (11) firms were ranked as follows, with the top five firms, Kimley-Horn and Associates, Inc., BKF Engineers, Whitson & Associates, Inc., Harris & Associates, Inc., and Mark Thomas & Company, Inc. selected for award; WHEREAS, the firms 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 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.

Council Regular Meeting, 2/6/2024, Item No. 9., Item Page 7, Packet Page 61 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby:

1. Awards a Professional Services Agreement for On-Call Civil Engineering Services for Projects for the City of Monterey to BKF Engineers for a term of one year, with the option to extend for four additional one-year terms, with an annual fee not to exceed $500,000.00; and,

2. Authorizes the City Manager, or his designee, to execute the Professional Services Agreement 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:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 2/6/2024, Item No. 9., Item Page 8, Packet Page 62 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№010/23
AWARDING PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $500,000 FOR

ON-CALL CIVIL ENGINEERING AND SURVEYING PROFESSIONAL SERVICES FOR PROJECTS WITHIN THE CITY OF MONTEREY TO WHITSON & ASSOCIATES, INC. ***CIP/NCIP ***
WHEREAS, the need exists for the City to obtain prompt professional civil engineering services to support the Capital Improvement Program (CIP), Neighborhood and Community Improvement Program (NCIP) and other municipal programs; WHEREAS, on September 26, 2023, a Request for Proposal was issued and advertised through OpenGov;
WHEREAS, eleven (11) proposals were received on October 24, 2023. A selection committee, consisting of CIP and NCIP Engineering Division staff, independently evaluated and ranked the proposals;
WHEREAS, after deliberations, all eleven (11) firms were ranked as follows, with the top five firms, Kimley-Horn and Associates, Inc., BKF Engineers, Whitson & Associates, Inc., Harris & Associates, Inc., and Mark Thomas & Company, Inc. selected for award; WHEREAS, the firms 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 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.

Council Regular Meeting, 2/6/2024, Item No. 9., Item Page 9, Packet Page 63 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby:

1. Awards a Professional Services Agreement for On-Call Civil Engineering Services for Projects for the City of Monterey to Whitson & Associates, Inc. for a term of one year, with the option to extend for four additional one-year terms, with an annual fee not to exceed $500,000.00; and,

2. Authorizes the City Manager, or his designee, to execute the Professional Services Agreement 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:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 2/6/2024, Item No. 9., Item Page 10, Packet Page 64 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№010/23
AWARDING PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $500,000 FOR

ON-CALL CIVIL ENGINEERING AND SURVEYING PROFESSIONAL SERVICES FOR PROJECTS WITHIN THE CITY OF MONTEREY TO HARRIS & ASSOCIATES, INC. ***CIP/NCIP ***
WHEREAS, the need exists for the City to obtain prompt professional civil engineering services to support the Capital Improvement Program (CIP), Neighborhood and Community Improvement Program (NCIP) and other municipal programs; WHEREAS, on September 26, 2023, a Request for Proposal was issued and advertised through OpenGov;
WHEREAS, eleven (11) proposals were received on October 24, 2023. A selection committee, consisting of CIP and NCIP Engineering Division staff, independently evaluated and ranked the proposals;
WHEREAS, after deliberations, all eleven (11) firms were ranked as follows, with the top five firms, Kimley-Horn and Associates, Inc., BKF Engineers, Whitson & Associates, Inc., Harris & Associates, Inc., and Mark Thomas & Company, Inc. selected for award; WHEREAS, the firms 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 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.

Council Regular Meeting, 2/6/2024, Item No. 9., Item Page 11, Packet Page 65 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby:

1. Awards a Professional Services Agreement for On-Call Civil Engineering Services for Projects for the City of Monterey to Harris & Associates, Inc. for a term of one year, with the option to extend for four additional one-year terms, with an annual fee not to exceed $500,000.00; and,

2. Authorizes the City Manager, or his designee, to execute the Professional Services Agreement 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:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 2/6/2024, Item No. 9., Item Page 12, Packet Page 66 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№010/23
AWARDING PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $500,000 FOR

ON-CALL CIVIL ENGINEERING AND SURVEYING PROFESSIONAL SERVICES FOR PROJECTS WITHIN THE CITY OF MONTEREY TO MARK THOMAS & COMPANY, INC. ***CIP/NCIP ***
WHEREAS, the need exists for the City to obtain prompt professional civil engineering services to support the Capital Improvement Program (CIP), Neighborhood and Community Improvement Program (NCIP) and other municipal programs; WHEREAS, on September 26, 2023, a Request for Proposal was issued and advertised through OpenGov;
WHEREAS, eleven (11) proposals were received on October 24, 2023. A selection committee, consisting of CIP and NCIP Engineering Division staff, independently evaluated and ranked the proposals;
WHEREAS, after deliberations, all eleven (11) firms were ranked as follows, with the top five firms, Kimley-Horn and Associates, Inc., BKF Engineers, Whitson & Associates, Inc., Harris & Associates, Inc., and Mark Thomas & Company, Inc. selected for award; WHEREAS, the firms 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 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.

Council Regular Meeting, 2/6/2024, Item No. 9., Item Page 13, Packet Page 67 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby:

1. Awards a Professional Services Agreement for On-Call Civil Engineering Services for Projects for the City of Monterey to Mark Thomas & Company, Inc. for a term of one year, with the option to extend for four additional one-year terms, with an annual fee not to exceed $500,000.00; and,

2. Authorizes the City Manager, or his designee, to execute the Professional Services Agreement 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:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 2/6/2024, Item No. 9., Item Page 14, Packet Page 68 ATTACHMENT 6
Project Name: Project Code:

Service Area:

Rater’s Name:

Criteria Max Points BKF CSG Dudek Harris Ifland Kimley-Horn Mark Thomas Orion RJA Wallace Whitson Ability to Design Project 10 8 7 8 8 8 8 8 6 8 7 8
Ability to Manage Project
Requirements 10 8 7 8 8 7 8 8 6 8 7 9
Staff / Organizational Approach 10 8 6 8 8 6 8 8 6 8 7 8 Familiarity with Monterey 10 8 5 8 10 8 10 7 5 8 8 10
Responsiveness / willingness to
comply with agreement terms 10 10 1 1 10 1 10 5 1 5 1 7 Reputation, References, Stability 10 7 2 7 8 5 9 7 6 7 6 9 Total Points: 60 49 28 40 52 35 53 43 30 44 36 51
Consultant Selection Evaluation Scorecard
Include On-Call Services:

N/A
Yes
On-Call Civil Engineering Services
Staff Date: 11/7/2023
Citywide

Page 1 of 1 ends

Capital Projects
Last Modified: 07/11/13
Council Regular Meeting, 2/6/2024, Item No. 9., Item Page 15, Packet Page 69 Council
Agenda Report
№08/22
FROM: Nat Rojanasathira, Assistant City Manager
Prepared By: Angie Blake, Chief Information Officer
SUBJECT: Authorize Agreement with GoTo Technologies USA, Inc. in the Amount of $506,403.28 for the Purchase of Voice Communications Equipment and Services (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution to authorize an agreement with GoTo Technologies USA, Inc. in the amount of $506,403.28 with a term of five (5) years for the purchase of voice communications equipment and services.

VALUE DRIVERS:

POLICY IMPLICATIONS:

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

This action is also consistent with Council policy to approve Professional Services Agreements exceeding $75,000.

FISCAL IMPLICATIONS:

Monterey City Code section 28-15(c)(3) allows for an exemption from formal bidding requirements in cases where the contract or purchase is capable of being performed through purchasing contracts negotiated by another governmental agency that utilized acceptable bidding procedures (“piggyback” agreements). This acquisition will be purchased from GoTo Technologies USA, Inc. by utilizing the Texas Region 8 Education Service Center's The Interlocal Purchasing System (TIPS) agreement #221003 for technology solutions, products, and services agreement. The Finance Director, or their designee, approved the piggyback request on January 25, 2024.

The purchase of GoTo Technologies is $101,280.65 per year, to be paid annually over the fiveyear term, totaling $506,403.28. Moving to cloud communications with GoTo will save the City $136,623.56 over the next five (5) years.

Date: 2/6/2024
Item No.: 10.

Council Regular Meeting, 2/6/2024, Item No. 10., Item Page 1, Packet Page 70 The funding for this project will come from the Information Services Division Communications Account (710-030-0340-0000-4424). As of January 23, 2024, sufficient funding is available for the project.

ENVIRONMENTAL DETERMINATION:

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

ALTERNATIVES CONSIDERED:

Council could choose to not replace the existing communication servers, handsets, and services. This is not recommended due to the equipment age, potential for system downtime, and higher costs associated with maintaining end-of-life equipment.

DISCUSSION:

The City’s existing voice communication infrastructure provides over 50 City locations with features such as outbound/inbound calling, voicemail, call routing, voice-to-email, 9-1-1, and call recording. This on-premise solution requires seven (7) servers, over 500 handsets, AT&T Session Internet Protocol (SIP) lines, Cisco licensing, and approximately 22 analog/digital converters to operate analog devices. This solution is end of life and no longer meets the City’s growing communication needs.

Staff evaluated services and costs from several on-premise and cloud communication providers, including Microsoft Teams, Zoom, Cisco, and GoTo Technologies. GoTo provided the most comprehensive and cost-effective solution. With our move to GoTo, we will receive the following products and services:
 GoToConnect - a unified communications platform service that offers secure VoIP phone service with built-in messaging and meetings that works from any mobile device or desktop device.
 Five-year lease to purchase VoIP desktop telephones, wall-mount public telephones, and conference room speaker phones.
 Professional services to port our AT&T Session Initiation Protocol (SIP) communication lines over to GoTo.
 Professional services on-site to replace all communication hardware.  Mobile, emergency, or backup communications – If staff is working remotely or the City internet goes offline, staff can answer and make phone calls using their work phone number from an app on their mobile phone from any location.  User Training
 24/7 Support
Council Regular Meeting, 2/6/2024, Item No. 10., Item Page 2, Packet Page 71 City staff spoke with the cities of Aliso Viejo, Palmdale, Bell, San Juan Capistrano, and Dana Point, and the Housing Authority of San Bernadino. All public agencies surveyed provided excellent reviews for GoTo. This further supports GoTo’s claims of 99.99% uptime.

Moving to cloud-based communications will reduce the complexity of deploying and managing communication tools across multiple City locations, thereby freeing up valuable IT staff time for more strategic initiatives. The GoTo voice communications system would be a cost-effective, efficient, secure, and user-friendly system that meets the needs of the City’s workforce, including those working in an office setting, remotely, in the field, and in hybrid environments.

NR/ab
Attachments: 1. Resolution
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 2/6/2024, Item No. 10., Item Page 3, Packet Page 72 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
AUTHORIZING AGREEMENT WITH GOTO TECHNOLOGIES USA, INC. IN THE AMOUNT OF $506,403.28 FOR THE PURCHASE OF VOICE COMMUNICATIONS EQUIPMENT

AND SERVICES
WHEREAS, this purchase is consistent with the City’s past practice of implementing mature efficient, and effective technical capabilities in order to assist the staff in their support of our citizenry, as well as past City Council actions authorizing funds for improvements to the City’s technology infrastructure;
WHEREAS, the City’s existing end-of-life communication infrastructure provides over 50 City locations with features such as outbound/inbound calling, voicemail, call routing, voice-toemail, 9-1-1, and call recording; WHEREAS, staff evaluated services and costs from several on-premise and cloud communication providers, including Microsoft Teams, Zoom, Cisco, and GoTo Connect; WHEREAS, GoTo Technologies USA, Inc. provided the most comprehensive and costeffective communication solution; WHEREAS, this acquisition is to be made through GoTo Technologies USA, Inc. by utilizing the Texas Region 8 Education Service Center’s “The Interlocal Purchasing System” (TIPS) agreement; 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 Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY it hereby authorizes the City Manager, or his designee, to execute an agreement with GoTo Technologies USA, Inc. in the amount of $506,403.28 from the Information Services Communications Fund [710-030-0340-0000-4424], with annual payments of $101,280.65, and with a term of five (5) years for the purchase of voice communications equipment and services.

Council Regular Meeting, 2/6/2024, Item No. 10., Item Page 4, Packet Page 73 2 PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 2/6/2024, Item No. 10., Item Page 5, Packet Page 74 Council
Agenda Report
№07/19
FROM: Nat Rojanasathira, Assistant City Manager
SUBJECT: Appropriation of $10,000 from Unassigned Fund Balance to the Monterey County Business Council, Inc. (MCBC) Towards a Local Match Contribution to Establish a Small Business Development Center (SBDC) Satellite Office in Monterey (Not a project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

Staff recommends that the City Council appropriate $10,000 from the unassigned fund balance to the Monterey County Business Council, Inc. towards a local match contribution to establish a Small Business Development Center (SBDC) Satellite Office in Monterey.

VALUE DRIVERS:

POLICY IMPLICATIONS:

The City of Monterey’s contribution to the Monterey County Business Council would help support the City’s goal of fostering economic vitality in the community. The establishment of an SBDC Satellite Office in Monterey would support business attraction and retention efforts in the community.

FISCAL IMPLICATIONS:

This action would appropriate $10,000 from unassigned fund balance. The proposed contribution to MCBC benefits the following local purposes of the City of Monterey: creation of a SBDC satellite office in the City of Monterey; support economic vitality; small business assistance; provide businesses with access to capital; and provide assistance to businesses on human resources matters.

ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not Date: 2/6/2024
Item No.: 11.

Council Regular Meeting, 2/6/2024, Item No. 11., Item Page 1, Packet Page 75 cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The City Council could choose not to appropriate these funds to support the creation of an SBDC Satellite Office in Monterey.

DISCUSSION:

Overview of SBDCs in the Region
The Small Business Development Center (SBDC) is a federal, Small Business Administration (SBA) funded program to assist small businesses with the necessary resources to succeed.

This includes creating business plans, assistance with human resources, access to capital to ensure business owners are creating a solid foundation for their company, and much more.

Over the last 12 months, SBDC has assisted 839 local businesses in Monterey County.

The SBDC was most recently hosted by the California Coastal Rural Development Corporation (Cal Coastal), a financial institution, through the University of California, Merced (UC Merced), which manages multiple SBDCs for the Small Business Administration throughout California.

Cal Coastal notified UC Merced in October that they are opting not to renew their agreement with UC Merced for the SBDC designation.

Monterey County Business Council: A New Host for SBDCs with a Satellite Office in Monterey The Monterey County Business Council (MCBC), based in Salinas, is a nonprofit public benefit corporation whose governing body is comprised of individuals representing private corporations, nonprofit organizations, and public agencies. MCBC decided that operating the SBDC would be a logical strategic fit for their organization. The current SBDC and MCBC have worked collaboratively for years, referring business owners back and forth to each other based on the needs of the companies. MCBC has been working in partnership with the County of Monterey to assist businesses in recovering from the pandemic; the entirely bilingual staff at MCBC has been active in all areas of the county, both in seminars and on foot, engaging businesses. The opportunity to expand those SBDC services to MCBC is a seamless progression for MCBC.

In December, MCBC submitted its proposal to UC Merced to operate the SBDC with main offices in Salinas and satellite offices in Monterey and Soledad. The MCBC proposes to colocate its SBDC Monterey Peninsula Satellite Office in the City of Monterey.

UC Merced performed an on-site visit to MCBC offices and their potential satellite locations on Wednesday, January 17, 2024. After that meeting, UC Merced indicated that they intended to award the contract to MCBC. MCBC expects the contract with UC Merced will be finalized by late February, and operations commencing on April 1, 2024.

SBDC Funding
MCBC was the only local agency applying to operate the SBDCs in Monterey County. MCBC recognizes the need for the SBDC, and understood that if no organization were to apply, Monterey County would lose local Small Business Development Center services entirely (services would be conducted virtually, from UC Merced’s offices).

Council Regular Meeting, 2/6/2024, Item No. 11., Item Page 2, Packet Page 76 There is a local match requirement of $120,000 for the $400,000 federal SBA Small Business Development Center (SBDC) program. The requirement for funding is promissory for the RFP – the local match would only be required if MCBC is awarded the designation.

MCBC has requested $10,000 from each of its partner cities that will host satellite locations, the cities of Monterey and Soledad. City of Monterey staff recommends allocating $10,000 in unassigned fund balance for this purpose.

Since the SBDC would support all businesses throughout the county, MCBC is seeking financial support from all municipalities. MCBC has received financial commitments from all 12 cities in the county. The County of Monterey also agreed to supplement $64,000 to help MCBC reach the financing needed.

For these reasons, City staff recommends the allocation of $10,000 towards the development of the SBDC program in Monterey County.

In future years, MCBC will ask its city partners to continue its support annually at the same level, and MCBC will deliver metrics showing the number of businesses assisted in the Monterey community and the amount of capital accessed through the program. City staff would include the annual $10,000 contribution as part of future years’ budgets.

Attachments: 1. Resolution
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments.

Council Regular Meeting, 2/6/2024, Item No. 11., Item Page 3, Packet Page 77 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№06/11
APPROPRIATING $10,000 FROM UNASSIGNED FUND BALANCE TO THE MONTEREY COUNTY BUSINESS COUNCIL, INC. (MCBC) TOWARDS A LOCAL MATCH

CONTRIBUTION TO ESTABLISH A SMALL BUSINESS DEVELOPMENT CENTER (SBDC)

SATELLITE OFFICE IN MONTEREY
WHEREAS, the Small Business Development Center (SBDC) is a federal, Small Business Administration (SBA) funded program to assist small businesses with the necessary resources to succeed. This includes creating business plans, assistance with human resources, access to capital to ensure business owners are creating a solid foundation for their company, and much more. Over the last 12 months, SBDC has assisted 839 local businesses in Monterey County;
WHEREAS, the SBDC was most recently hosted by the California Coastal Rural Development Corporation (Cal Coastal), a financial institution, through the University of California, Merced (UC Merced), which manages multiple SBDCs for the Small Business Administration throughout California. Cal Coastal notified UC Merced in October that they are opting not to renew their agreement with UC Merced for the SBDC designation; WHEREAS, the Monterey County Business Council (MCBC), based in Salinas, is a nonprofit public benefit corporation which decided that operating the SBDC would be a logical strategic fit for their organization and serve small businesses effectively throughout Monterey County;
WHEREAS, In December 2023, MCBC submitted its proposal to UC Merced to operate the SBDC with main offices in Salinas and satellite offices in Monterey and Soledad; WHEREAS, there is a local match requirement of $120,000 for the $400,000 federal SBA Small Business Development Center (SBDC) program, and municipalities throughout Monterey County are providing a financial contribution towards the local match requirement; WHEREAS, MCBC has requested $10,000 from each of its partner cities that will host satellite locations, the cities of Monterey and Soledad; WHEREAS, development of an SBDC program in Monterey County with satellite offices in Monterey would support economic development in the community, including business attraction and retention; and
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities Council Regular Meeting, 2/6/2024, Item No. 11., Item Page 4, Packet Page 78 2 excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

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

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY, that it hereby appropriates a one-time allocation of $10,000 from unassigned fund balance to the Monterey County Business Council, Inc. (MCBC) Towards a Local Match Contribution to Establish a Small Business Development Center (SBDC) Satellite Office in Monterey.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST: ___________________________
Mayor of Said City
__________________________
City Clerk thereof
Council Regular Meeting, 2/6/2024, Item No. 11., Item Page 5, Packet Page 79 Council
Agenda Report
№08/22
FROM: Hans Uslar, City Manager
Prepared By: Nat Rojanasathira, Assistant City Manager
SUBJECT: Authorize Use of Live Scan Technology to Assist the City of Monterey in Implementing Its Cannabis Business Regulatory Permit Regulations (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution authorizing the use of Live Scan technology to assist the City of Monterey in implementing its cannabis business regulatory permit regulations.

VALUE DRIVERS:

POLICY IMPLICATIONS:

Penal Code sections 11105(b)(11) and 13300(b)(11) authorize cities, counties, districts, and joint powers authorities to access federal, state and local summary criminal history information for employment, licensing or certification purposes.

FISCAL IMPLICATIONS:

Live Scan costs will be determined by the number of applicants. The Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) processing fees are included in the background check fee listed in the City’s fee schedule.

ENVIRONMENTAL DETERMINATION:

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

Date: 2/6/2024
Item No.: 12.

Council Regular Meeting, 2/6/2024, Item No. 12., Item Page 1, Packet Page 80 ALTERNATIVES CONSIDERED:

Council may choose not to adopt the resolution presented. If it chooses not to adopt this resolution, however, the City would be limited to receiving California criminal history data available through the California Department of Justice and not include federal criminal history through the Federal Bureau of Investigation, which is specified in the City’s cannabis ordinance.

DISCUSSION:

The City Council adopted Ordinance 3674 to Authorize and Regulate a Limited Number and Type of Cannabis Businesses on November 21, 2023, and the ordinance became effective on December 21, 2023.

The ordinance requires the exclusion of cannabis employment, licensing, or certification based on specific criminal conduct (MCC 7-7.13 J). The specific criminal conduct is enumerated in the California Business and Professions Code §26057 and California Penal Code §667.5 & §1192.7. This would include not only California criminal history but also criminal history outside of California, which is termed “federal” criminal history. Penal Code §667.5(f)(g)(h) identifies some of the parameters that define the out-of-state criminal history that would be included in the disqualification.

In order for the California Department of Justice to determine whether the City meets the requirements to obtain federal criminal history information, pursuant to California Penal Code Section 11105(b)(11), the City Council must adopt a resolution outlining the request.

Staff recommends that the City Council authorize the use of Live Scan technology to assist the City in implementing its Cannabis Business Regulatory Permit regulations.

HU/nr
Cc: David J. Hober, Chief of Police
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, 2/6/2024, Item No. 12., Item Page 2, Packet Page 81 RESOLUTION NO. __-___ C.S.

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

AUTHORIZING USE OF LIVE SCAN TECHNOLOGY TO ASSIST THE CITY IN

IMPLEMENTING ITS CANNABIS BUSINESS REGULATORY PERMIT REGULATIONS WHEREAS, Penal Code sections 11105(b)(11) and 13300(b)(11) authorize cities, counties, districts, and joint powers authorities to access state and local summary criminal history information for employment, licensing or certification purposes; and WHEREAS, Penal Code section 11105(b)(11) authorizes cities, counties, districts, and joint powers authorities to access federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation; and
WHEREAS, Penal Code section 11105(b)(11) requires that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct on the part of the subject of the record; and
WHEREAS, Penal Code sections 11105(b)(11) and 13300(b)(11) require the city council to specifically authorize access to summary criminal history information for employment, licensing, or certification purposes; and
WHEREAS, every owner or employee must submit fingerprints for a background check by the City of Monterey Police Department, City will provide every owner, manager and employee of a proposed cannabis business, with a ‘request for live scan service’ form, which must be taken to a live scan operator for fingerprinting. Furthermore, each applicant must submit their fingerprint images to the California Department of Justice and to the Federal Bureau of Investigation for fingerprint-based criminal history records review and reporting to the City; and
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

Council Regular Meeting, 2/6/2024, Item No. 12., Item Page 3, Packet Page 82 2 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:

1. The City of Monterey is hereby authorized to access state and federal summary criminal history information for potential cannabis business applicants (including owners, management, and employees) for the permitting of and employment at the following cannabis-related businesses:
a. Storefront retailer,
b. Non-storefront retailer,
c. Testing laboratory,
d. Distributor, and
e. Cannabis event organizer.

2. City Code section 7-7.02 defines the following:
a. Owner: Any of the following, or a group or combination of any of the following, acting as a unit: a person with an aggregate ownership interest of five (5) percent or more in the cannabis business applying for a permit under this Article, whether a partner, shareholder, principal, member, or the like, unless the interest is solely a security, lien or encumbrance. For purposes of this section, “aggregate” means the total ownership interest held by a single person through any combination of individually held ownership interests in a cannabis business and ownership interests in an entity that has an ownership interest in the same cannabis business. For example, a person who owns two and one-half (2.5) percent of the stock in a cannabis business as an individual shareholder and 100 percent of the stock in an entity that owns two and one-half (2.5) percent of the stock in the same cannabis business has a five (5) percent aggregate ownership interest in the cannabis business.
b. Manager: Any person(s) designated by the commercial cannabis business to act as the representative or agent of the commercial cannabis business in managing day-to-day operations with corresponding liabilities and responsibility and/or the person in apparent charge of the premises where the commercial cannabis business is located. Evidence of management includes, but is not limited to, evidence that the individual has the power to direct, supervise, hire, and dismiss employees, control hours of operations, provide strategic direction, create policy rules, and purchase supplies.
c. Employee: Persons who are participating, whether directly or indirectly, in the cannabis business regulated under Article 7.

3. City Code Section 7-7.13 provides that cannabis business regulatory permits will not be issued to applicants/permittees who have been convicted of any of the offenses enumerated in California Business and Professions Code section 26057(b)(4).

4. The City shall not disseminate criminal history information to a private entity.

Council Regular Meeting, 2/6/2024, Item No. 12., Item Page 4, Packet Page 83 3 PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 2/6/2024, Item No. 12., Item Page 5, Packet Page 84 City Council
Agenda Report
FROM: Nat Rojanasathira, Assistant City Manager
SUBJECT: Adopt a Resolution Ratifying the City Manager’s Proclamation of a Local Emergency Related to the February 2024 Storms (Order 24-001) (Exempt from CEQA Per Article 18, Section 15269.c)
RECOMMENDATION:

That the City Council adopt a Resolution ratifying the City Manager’s Proclamation of a Local Emergency related to the February 2024 storms.

VALUE DRIVERS:

POLICY IMPLICATIONS:

Monterey City Code section 11-14(b) requires the City Council to ratify the City Manager’s proclamation of a local emergency within seven days, and every 14 days thereafter until conditions warrant termination of the emergency status. When the emergency conditions cease to exist, the City Council shall terminate the local emergency. By its own terms, the City Manager’s emergency declaration automatically terminated on February 12, 2024.

FISCAL IMPLICATIONS:

The City Council’s ratification of the City Manager’s Proclamation of a Local Emergency will allow the City to recover some of its storm-related expenses from the Federal Emergency Management Agency (FEMA).

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act Guidelines (Article 18, Section 15269.c) because the City is adopting a Resolution declaring a local emergency related to COVID-19. Specific actions are needed to prevent or mitigate the conditions cause by the storm. The actions proposed are immediate actions and are necessary to protect the health and safety of the City’s citizens.

ALTERNATIVES:

No alternatives are recommended.

Date: 2/6/2024
Item No.: 13.

Council Regular Meeting, 2/6/2024, Item No. 13., Item Page 1, Packet Page 85 DISCUSSION:

Governor Newsom proclaimed a State of Emergency on February 4, 2024 in several coastal California counties, due to a powerful atmospheric river. The National Weather Service issued multiple Winter Storm Warnings, High Wind Warnings, Wind Advisories, and Flood Watches for Monterey County, including the City of Monterey, in anticipation of the impacts of the early February 2024 storms.

Also on February 4, 2024, the City Manager, as the Director of Emergency Services of the City, activated the Emergency Operations Center (EOC) due to an impactful weather system and bomb cyclone resulting in strong and damaging winds, heavy rain, flooding, power outages, and fallen trees, all posing a threat to life and property in the City.

During the busiest 24-hour period, from 8:30 a.m. on February 4 to 8:30 a.m. on February 5, the Monterey Fire Department responded to 181 calls due to the weather event. 130 of those calls were on February 4 from 9:00 a.m. to 6:00 p.m. Eight (8) homes were damaged by fallen trees, in addition to two (2) businesses. Several businesses were without power, including all or portions of New Monterey, Old Monterey, Laguna Grande/Del Monte Grove, Downtown, Old Town, Skyline Forest, Alta Mesa, Monterey Vista, Aguajito Oaks, and Ryan Ranch neighborhoods. On February 5, the EOC also initiated a Community Resiliency Centers (CRC) offering Wi-Fi and electronic charging stations at the Monterey Public Library, with support from the County of Monterey’s Department of Emergency Management.

ATTACHMENTS:

1. Draft Resolution with Exhibit A: City Manager Proclamation dated February 5, 2024 CD/NR
Council Regular Meeting, 2/6/2024, Item No. 13., Item Page 2, Packet Page 86 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
RATIFYING THE CITY MANAGER’S PROCLAMATION OF A LOCAL EMERGENCY RELATED TO THE FEBRUARY 2024 STORMS (ORDER 24-001)
WHEREAS, Governor Newsom proclaimed a State of Emergency on February 4, 2024 in several coastal California counties due to a powerful and slow-moving atmospheric river, and the County of Monterey declared a State of Emergency on February 4, 2024; WHEREAS, on February 5, 2024, the City Manager, in his capacity as the Director of Emergency Services, proclaimed a local emergency (Exhibit A). This Resolution will provide City Council confirmation of, and agreement with, the Proclamation made by the City Manager.

Ratification of the City Manager’s proclamation approves the City’s plans, preparations, and deployment of resources to effectively respond to the conditions caused by the storm; WHEREAS, Monterey City Code section 11-4(b)(4) requires the City Council to ratify the City Manager’s proclamation of a local emergency within seven days; WHEREAS, the City’s Emergency Operations Center (EOC) was activated on February 4, 2024. The Fire Department responded to 181 calls for service during a 24 hour period, between 8:30 a.m. on February 4, 2024 to 8:30 a.m. on February 5, 2024. Eight (8) homes and two (2) businesses were damaged by fallen trees. Several neighborhoods were without electricity, and several neighborhoods remain without electricity, including all or portions of New Monterey, Old Monterey, Laguna Grande/Del Monte Grove, Downtown, Old Town, Skyline Forest, Alta Mesa, Monterey Vista, Aguajito Oaks, and Ryan Ranch neighborhoods. On February 5, the EOC also initiated a Community Resiliency Centers (CRC) offering Wi-Fi and electronic charging stations at the Monterey Public Library, with support from the County of Monterey’s Department of Emergency Management;
WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act Guidelines (Article 18, Section 15269.c) because the City is adopting a Resolution declaring a local emergency related to COVID-19. Specific actions are needed to prevent or mitigate the conditions caused by the storm. The actions proposed are immediate actions and are necessary to protect the health and safety of the City’s citizens.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY, pursuant to City Code section 11-4(b)(4) and Government Code section 8630, hereby ratifies, confirms, and is in agreement with, and incorporates herein, the Proclamation made by the City Manager declaring that a local emergency exists in the City of Monterey.

BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY, the emergency automatically terminates by its own terms on February 12, 2024 at 11:59 p.m.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 2024, by the following vote:

Council Regular Meeting, 2/6/2024, Item No. 13., Item Page 3, Packet Page 87 2 AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 2/6/2024, Item No. 13., Item Page 4, Packet Page 88 Office of the City Manager
Monterey, California 93940

PROCLAMATION OF A LOCAL EMERGENCY AND RELATED ORDERS OF

THE DIRECTOR OF EMERGENCY SERVICES
ORDER 24-001
WHEREAS, pursuant to Government Code section 38791, the City Council may provide for a chief executive who, during periods of great public calamity such as an extraordinary flood or storm, has complete authority over the City and the right to exercise all police power vested in the City by the Constitution and general laws;
WHEREAS, the City Manager is designated as the Director of Emergency Services pursuant to City Code section 11-1(a);
WHEREAS, City Code section 11-4(b)(4) empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by conditions of disaster or extreme peril to the safety of persons and property within the City caused by such conditions as flood or storm and the City Council is not in session, provided that the emergency is confirmed by the City Council in seven days; WHEREAS, Monterey City Code section 11-4(b)(9) states that the Director of Emergency Services shall have the power during a proclaimed emergency to make and issue rules and regulations on matters reasonably related to the protection of life and property which are or may be affected by the emergency, including the temporary suspension of local ordinances and regulations, provided that such actions shall be confirmed at the earliest practical time by the City Council; WHEREAS, an atmospheric river and bomb cyclone event brought severe weather resulting in high winds, rain, flooding, and thunderstorm hazards starting on February 3, 2024, that are expected to remain through February 6, 2024. The storm, with wind gusts as high as 70 miles per hour in Monterey, has caused widespread power outages to the Del Monte Grove/Laguna Grande, Downtown, Old Town, Monterey Vista, Skyline, New Monterey, Ryan Ranch, Alta Mesa, and Presidio of Monterey neighborhoods, downed trees causing damage to nine (9) homes, and over one hundred calls for service;
WHEREAS, according to a weather briefing from the National Weather Service, National Oceanographic and Atmospheric Association today, there is a chance of thunderstorms in Monterey today, and the region will experience rain through February 7, 2024;

EXHIBIT A
Council Regular Meeting, 2/6/2024, Item No. 13., Item Page 5, Packet Page 89 WHEREAS, on February 4, 2024, the City Manager, as the Director of Emergency Services of the City of Monterey, activated the Emergency Operations Center (“EOC”) due to this impactful weather system and in anticipation of continued heavy rain, flooding, strong and damaging winds, power outages, fallen trees, landslides, and rockslides in hilly terrain. Flooding and fallen trees are a threat to life and property in the City and neighboring communities; NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED:

SECTION 1. The recitals set forth above are incorporated herein as if fully set forth, are true and correct, and are adopted as findings in support of this proclamation and order.

SECTION 2. During the existence of this emergency, pursuant to Government Code section 8634 and 8568, during the period of this emergency, the following procedures otherwise required of the City by ordinance or other local regulation shall be waived where strict compliance would hinder or delay the mitigation effects of the emergency:
a. Entering contracts;
b. Incurring obligations;
c. Employment of permanent and temporary workers;
d. Utilization of volunteer workers;
e. Appropriation and expenditure of public funds;
f. Waiver of public funds when in the public interest.

SECTION 3. Severability. If any section, subsection, clause, or phrase of this proclamation and order is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections.

SECTION 4. This proclamation and order take precedence over ordinances and resolutions in conflict herewith.

SECTION 5. Duration. The local emergency shall not remain in effect for a period more than seven days unless it has been ratified by the City Council.

February 5, 2024 at 2:03 p.m.
_____________________________ ______________________________________ Date and Time Hans Uslar, City Manager and
Director of Emergency Services

EXHIBIT A
Council Regular Meeting, 2/6/2024, Item No. 13., Item Page 6, Packet Page 90 Council
Agenda Report
FROM: Clementine Bonner Klein, City Clerk
SUBJECT: Receive Mayor’s Recommendation and Appoint Kathie Buaya and Gabriel Sanders to the Parks and Recreation Commission (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) RECOMMENDATION:

That the Council receive a recommendation from Mayor Williamson and appoint Kathie Buaya and Gabriel Sanders to the Parks and Recreation Commission as outlined in the “Discussion” section of this report.

VALUE DRIVER:

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

POLICY IMPLICATIONS:

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

FISCAL IMPLICATIONS:

There are no fiscal implications with this action.

ENVIRONMENTAL DETERMINATION:

ALTERNATIVES CONSIDERED:

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

Date: 2/6/2024
Item No.: 14.

Council Regular Meeting, 2/6/2024, Item No. 14., Item Page 1, Packet Page 91 DISCUSSION:

Background
The following committee vacancies were duly advertised by the City Clerk’s Office pursuant to the California Maddy Act and the Council’s appointments policy, seeking qualified applications from Monterey residents, with priority review for applications received by noon on November 27, 2023 (first vacancy) and January 22, 2024 (second vacancy):

Parks and Recreation Commission (PRC)
One seat vacated by the resignation of Donna Gibson on November 6, 2023 One seat vacated by the resignation of Dennis McCarthy on December 31, 2023 The City Council’s adopted Governance Policy states: “The Council is encouraged to consider Councilmember district representation in making the appointment.” For reference, the district composition of the remaining members of the Parks and Recreation Commission is:

District 1 – One (1) commissioner
District 2 – One (1) commissioner
District 3 – Two (2) commissioners
District 4 – One (1) commissioner
Qualified applications for the two vacant positions were received from the following residents and are attached to this packet (Attachment 1). The City Clerk’s Office confirmed applicants’ residency requirements using the GIS assessment database.

Applicant Residence
Charlotte Arnold District 1
Kathie Buaya District 4
Mark Lasnik District 3
Amy Reed District 2
Gabriel Sanders District 1
Recommendation
Mayor Williamson reviewed the applications seen in this packet and conducted interviews with each applicant above in accordance with Council policy and gave appropriate attention and time to the process that resulted in the following recommendation. Mayor Williamson is grateful that residents applied, and recommends that the Council make appointments as follows:

Parks and Recreation Commission
Kathie Buaya – for a term expiring June 30, 2028 and
Gabriel Sanders – for a term expiring June 30, 2028
Next Steps
Opportunities abound for Monterey residents to get involved with their City government! Seats remain vacant on the Appeals Hearing Board, Building and Housing Appeals Board, Disabled Access Appeals Board, and Neighborhood and Community Improvement Program (NCIP) Committee (alternates to the Alta Mesa, Deer Flats, and Monterey Vista neighborhoods).

Applications will continue to be received on an ongoing basis for these roles until the vacancies Council Regular Meeting, 2/6/2024, Item No. 14., Item Page 2, Packet Page 92 are filled. Monterey residents are encouraged to learn more and apply for these volunteer positions. Monterey residents interested in receiving notice of board and commission vacancies are encouraged to subscribe to the City’s “Boards and Commissions Interest List.” CBK
Attachment: 1. Applications Received
e: Applicants
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 2/6/2024, Item No. 14., Item Page 3, Packet Page 93 (CONTINUED)

CITY OF MONTEREY APPLICATION

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

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

Residential Address: Monterey, CA 93940*
Email Address: _
Business Address: Business Phone:

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

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

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

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

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

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

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

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

DocuSign Envelope ID: CA76F4B8-D8FB-4E99-A9A2-0AD616D222F0 Arnold Charlotte
n/a
n/a
n/a
Retired
ATTACHMENT 1
Council Regular Meeting, 2/6/2024, Item No. 14., Item Page 4, Packet Page 94 Name:
2 MEASURE P AND S OVERSIGHT COMMITTEE – meets quarterly The Measure P and S Oversight Committee reviews revenues generated by Street Infrastructure Rehabilitation Transactions and Use Tax, and expenditures of those revenues, and reports to the City Council. Members: Five.

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

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

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

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

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

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

DocuSign Envelope ID: CA76F4B8-D8FB-4E99-A9A2-0AD616D222F0 Charlotte Arnold X
To Whom It May Concern:

I was born and raised in Monterey and had the good fortune to move back to the Peninsula in the summer of 2022. I attended City of Monterey Parks and Recreation programs throughout my childhood, including the preschool program and Camp Quien Sabe. In addition, I worked for the City at Camp Quien Sabe for six years during high school and college.

I have attached my resume detailing my education and professional career, which includes extensive board experience. I have also provided selected relevant volunteer activities, which demonstrate my commitment to public service and social justice.

I would be happy to provide any additional information you might need and would be honored to be considered for a position on the Parks and Recreation Commission.

Sincerely,
Charlotte Arnold
ATTACHMENT 1
Council Regular Meeting, 2/6/2024, Item No. 14., Item Page 5, Packet Page 95 Name:
3 Are you employed by the City of Monterey? Yes No
Do you have any relatives who are employed by the City of Monterey? Yes No Initial to confirm that you understand and will comply with the following requirements:

All members of Boards and Commissions are subject to the conflict of interest laws of the State of California and are required to submit the Form 700, “Statement of Economic Interests,” within 30 days of assuming office, annually thereafter, and upon the completion of a member's term of office. More information is available at http://www.fppc.ca.gov/Form700.html Members who are compensated for their service* or reimbursed for expenses undertaken in the performance of official duties shall take two hours of training in ethics principles and laws every two years as required by Government Code. The training shall occur, and a signed certificate of completion shall be filed with the City Clerk, within 30 calendar days of assuming office, and every two years thereafter. * NCIP and Measure P & S members receive no compensation.

Sign and date your application:

Signature: Date:

Full Name:

Return the application electronically, or by mail or personal delivery to:

SUMMARY
Wharton-educated investment professional with 25 years of experience in finance, accounting and operations, including financial transactions and acquisitions, managing portfolio companies, recruiting senior executives, raising capital, improving operations, and controlling costs. Excellent leadership, communication and finance skills.

EXPERIENCE
ANI PHARMACEUTICALS (NASDAQ: ANIP) Wilmington, DE
Vice President and Chief Financial Officer 2009 - 2016
Senior executive and chief financial officer of profitable $500 million market cap, publicly-traded specialty generic pharmaceutical firm, with 110 employees, $100 million in annual revenues, and manufacturing operations in Minnesota. Accelerated filer reporting in both the United States and Canada. Responsible for finance, accounting, SEC reporting, capital formation and investor relations, information technology, commercial and government contracts, acquisition due diligence, and risk management. • Played instrumental role in turning business around, including replacing entire accounting department, negotiating payment plans and settlements with creditors, refinancing and retiring debt, managing cash flow, handling 45+ litigation claims for non-payment, raising $14 million in equity from existing investors, divesting unprofitable manufacturing plant, acquiring first mature brand product, and achieving cash-flow breakeven in 2013. • Completed reverse merger with publicly-traded BioSante in June 2013. Hired additional accounting and SEC reporting professionals. Established new vendor relationships at substantially reduced cost including external auditors, tax compliance, accounting and Sarbanes-Oxley consulting, SEC filings, press releases, stock transfer agent, and insurance.
• Raised $195 million in capital, $50 million in common stock in 2014 and $145 million in convertible debt, with a bond hedge and warrant, in 2015.
• Completed nine asset acquisitions totaling $210 million. • Developed systems and processes to support growth of product portfolio from 12 to 42 SKUs, including implementing iContracts™ and Universal Contract Manager.

LAUREL CAPITAL PARTNERS Radnor, PA
Founding Partner 2007 - 2009
Co-founder of growth equity and microcap buyout private equity firm focused on investing in smaller businesses in the eastern United States. Secured over $18 million in limited partner commitments. • Principal author of Private Placement Memorandum, Executive Summary, and other marketing materials. • Sourced over 30 prospective LPs, including institutions and high-net worth individuals. • Sourced approximately 75 investment opportunities.

DocuSign Envelope ID: CA76F4B8-D8FB-4E99-A9A2-0AD616D222F0 ATTACHMENT 1
Council Regular Meeting, 2/6/2024, Item No. 14., Item Page 7, Packet Page 97 CHARLOTTE C. ARNOLD
MVP CAPITAL PARTNERS Radnor, PA
Partner 2001 – 2007
Investment partner with lower middle market buyout fund with $200 million under management. Responsible for sourcing investment opportunities in established businesses, conducting and coordinating due diligence, deal structuring and negotiation, and portfolio management.
• Responsible for four platform investments, including three as lead principal for MVP, totaling $33 million in transactions valued at more than $145 million.
• Raised $70 million in outside capital, completed six add-on acquisitions, and recruited seven senior executives for portfolio companies.
• Sole MVP board representative for three portfolio companies including ExpertPlan, ANI Pharmaceuticals and Cadence Capital Management with joint board responsibility for Keystone Ranger Holdings.

BEN FRANKLIN TECHNOLOGY PARTNERS Philadelphia, PA
Director, Investments and Entrepreneurial Services 1996 – 2000 Investment manager for state-funded economic development organization. Responsible for sourcing investment opportunities, supervising due diligence, chairing investment advisory committee, and hiring and supervising team of portfolio managers.
• Responsible for portfolio of 50 early stage companies representing $8 million in investments. • Conceived and implemented a major redesign of portfolio management strategy to improve the quality and quantity of staff consulting time available to portfolio companies. • Provided expert financial and accounting consulting to portfolio companies. • Led development of detailed guidelines for due diligence process.

COOPERS & LYBRAND Philadelphia, PA
Senior Associate, Entrepreneurial Advisory Services 1994 – 1996 Evaluated industry and client specific business risk factors, accounting systems, and internal controls for middle market client companies. Conducted financial audits and reviews, and prepared financial statements. Supervised audit associates in multiple locations. Developed policies and procedures for improving business processes and controls. • Awarded the Silver Medal for the November 1995 Pennsylvania CPA exam.

GREATER LOS ANGELES ZOO ASSOCIATION Los Angeles, CA
Membership Manager 1990 – 1992
Directed membership development programs generating $2 million annually. Responsible for $1 million budget. Hired, trained, and supervised sales and member services employees. • Developed and implemented multi-level direct mail and telemarketing programs, which maintained revenue and membership levels despite significant regional recession. • Conceived and launched first targeted effort to solicit Spanish-speaking families for membership. • Reinvented annual membership event boosting registered attendance from 2,000 to 10,000. • Introduced high-end premiums in annual giving campaign, which increased average gift by $30.

UNIVERSITY OF CALIFORNIA AT LOS ANGELES Los Angeles, CA Development Associate 1988 – 1990
DocuSign Envelope ID: CA76F4B8-D8FB-4E99-A9A2-0AD616D222F0 ATTACHMENT 1
Council Regular Meeting, 2/6/2024, Item No. 14., Item Page 8, Packet Page 98 CHARLOTTE C. ARNOLD

EDUCATION
THE WHARTON SCHOOL, University of Pennsylvania Philadelphia, PA Master of Business Administration, Concentration in Finance 1994 Palmer Scholar (Top 5% of Graduating Class)
UNIVERSITY OF CALIFORNIA AT LOS ANGELES Los Angeles, CA Bachelor of Arts in Anthropology 1987
Cum Laude and College Honors

CORPORATE BOARDS
Cadence Capital Management, Board Observer 2005 – 2009
ANI Pharmaceuticals, Board Member and Audit Committee Chair 2004 – 2009 Keystone Ranger Holdings, Board Member 2003 – 2006
ExpertPlan, Board Member 2002 – 2009

SELECT VOLUNTEER EXPERIENCE
Serviam Girls Academy, Financial Advisor and Event Committee Chair 2016 – 2022 PAWS for People, Pet Therapy Team 2018 – 2019
VITA (Volunteer Income Tax Assistance) Program, Tax Preparer 2016 – 2019 Women’s Investment Network, Board Member and Membership Committee Chair 2006 – 2009 Ben Franklin Technology Partners, Investment Advisory Committee 2001 – 2009 DocuSign Envelope ID: CA76F4B8-D8FB-4E99-A9A2-0AD616D222F0 ATTACHMENT 1
Council Regular Meeting, 2/6/2024, Item No. 14., Item Page 9, Packet Page 99 (CONTINUED)

CITY OF MONTEREY APPLICATION

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

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

Residential Address: Monterey, CA 93940*
Email Address: _
Business Address Business Phone:

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

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

DocuSign Envelope ID: BE61E699-C16C-4F36-A06A-00004F46F2C9 Small Business
Buaya Kathie M
NA
ATTACHMENT 1
Council Regular Meeting, 2/6/2024, Item No. 14., Item Page 10, Packet Page 100 Name:
2 MEASURE P AND S OVERSIGHT COMMITTEE – meets quarterly The Measure P and S Oversight Committee reviews revenues generated by Street Infrastructure Rehabilitation Transactions and Use Tax, and expenditures of those revenues, and reports to the City Council. Members: Five.

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

DocuSign Envelope ID: BE61E699-C16C-4F36-A06A-00004F46F2C9 I'm a longtime member of the Monterey community, my three kids were born and raised here. When they were younger we utilized the parks for playtime, sent them to day camp during school breaks, and held birthday parties at various parks around town. We also loved attending special programming put on by the Parks Department.

Since moving here in 1985, I have been involved with Northern California Special Olympics, CERT, Animal Assisted Crisis Response, have been active on various boards and committees within the community, and kept myself involved with the ongoing fight to prevent the closure of MPUSD elementary schools.

More recently, I have been working with the City of Monterey, the City of Seaside, Monterey Regional Parks, and the Audobon Society on the JPA. My current focus is maintaining Laguna Grande Park.

After collaborating with the City of Del Rey Oaks on the FORTAG addendum in 2022, I became a strong proponent of the FORTAG project. I believe it offers one of the best solutions to promote outdoor living and the usage of our parks.

Kathie Buaya
X
ATTACHMENT 1
Council Regular Meeting, 2/6/2024, Item No. 14., Item Page 11, Packet Page 101 Name:
3 Are you employed by the City of Monterey? Yes No
Do you have any relatives who are employed by the City of Monterey? Yes No Initial to confirm that you understand and will comply with the following requirements:

Sign and date your application:

Signature: Date:

Full Name:

Return the application electronically, or by mail or personal delivery to:

CITY OF MONTEREY APPLICATION

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

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

Residential Address: Monterey, CA 93940*
Email Address: _
Business Address: Business Phone:

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

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

DocuSign Envelope ID: 2EC28F83-3059-4817-9161-5E62C8EA68B6 same
Retired
Lasnik Mark
same
ATTACHMENT 1
Council Regular Meeting, 2/6/2024, Item No. 14., Item Page 13, Packet Page 103 Name:
2 MEASURE P AND S OVERSIGHT COMMITTEE – meets quarterly The Measure P and S Oversight Committee reviews revenues generated by Street Infrastructure Rehabilitation Transactions and Use Tax, and expenditures of those revenues, and reports to the City Council. Members: Five.

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

DocuSign Envelope ID: 2EC28F83-3059-4817-9161-5E62C8EA68B6 Hello! I am a 3 year resident of Monterey and a 50+ year resident of Monterey County. I walk Via Paraiso park daily with my dog and the recreation trail many times a week. I have been a youth sports coach in Gonzales and Salinas for more than 10 years of my life. I have also walked most of the Fort Ord National Monument. And I walk the Monterey Vista neighborhood daily as well.

I have had contact with the mayor and the city manager regarding the recreation trail's safety and security and would work to increase said safety and security AND options regarding city ordinances affecting the trail such as the exclusion of motorized vehicles.

I would be a reliable and involved commission member on either the Parks and Recreation commission and the NCI AND I will bring a unique perspective of a user of these facilities.

I am a LEED AP (legacy) and will bring a unique perspective of an educated sustainability citizen to both commissions as well.

I look forward to hearing from you.

Thank you.

M
X
Mark Lasnik
X
X
ATTACHMENT 1
Council Regular Meeting, 2/6/2024, Item No. 14., Item Page 14, Packet Page 104 Name:
3 Are you employed by the City of Monterey? Yes No
Do you have any relatives who are employed by the City of Monterey? Yes No Initial to confirm that you understand and will comply with the following requirements:

Sign and date your application:

Signature: Date:

Full Name:

Return the application electronically, or by mail or personal delivery to:

CITY OF MONTEREY APPLICATION

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

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

Residential Address: Monterey, CA 93940*
Email Address _
Business Address: Business Phone:

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

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

DocuSign Envelope ID: 6EDC1E08-0001-4C8F-9ADD-412F41314FD4 Administrative Assistant
Reed Amy
ATTACHMENT 1
Council Regular Meeting, 2/6/2024, Item No. 14., Item Page 16, Packet Page 106 Name:
2 MEASURE P AND S OVERSIGHT COMMITTEE – meets quarterly The Measure P and S Oversight Committee reviews revenues generated by Street Infrastructure Rehabilitation Transactions and Use Tax, and expenditures of those revenues, and reports to the City Council. Members: Five.

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

DocuSign Envelope ID: 6EDC1E08-0001-4C8F-9ADD-412F41314FD4 Amy Reed X
I have lived in Monterey the majority of my live, attending local public schools (kindergarten through 12th grade), and participating in the City of Monterey's recreation programs. My two adult children also participated in the many activities the recreation department offers. I have a Bachelors degree in Psychology from the University of Washington and a teaching credential from San Jose State.

As a child, I attended Camp Quien Sabe every summer until I was old enough to get a summer job there. I worked as a support staff, counselor, assistant director, and finally director from 1991 until 2019. I worked with Kay Russo, Cindy Vierra, and most recently Shannon Leon. All three strong women dedicated to their jobs.

I feel very strongly that recreation is a key element for our city. From summer programs, to the community centers, to the Sports Center, a healthy recreation department is essential for a healthy community.

I am interested in voicing my opinions to help keep all of the city parks and recreation programs vibrant and available for our community.

ATTACHMENT 1
Council Regular Meeting, 2/6/2024, Item No. 14., Item Page 17, Packet Page 107 Name:
3 Are you employed by the City of Monterey? Yes No
Do you have any relatives who are employed by the City of Monterey? Yes No Initial to confirm that you understand and will comply with the following requirements:

Sign and date your application:

Signature: Date:

Full Name:

Return the application electronically, or by mail or personal delivery to:

CITY OF MONTEREY APPLICATION

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

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

Residential Address: Monterey, CA 93940*
Email Address: _
Business Address: Business Phone:

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

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

DocuSign Envelope ID: 852A5A6D-E6ED-44F4-87BE-11DD3C16EB24 Director of Housing and Community Development Policy, MBEP N/a
Sanders Gabriel B
N/a
ATTACHMENT 1
Council Regular Meeting, 2/6/2024, Item No. 14., Item Page 19, Packet Page 109 Name:
2 MEASURE P AND S OVERSIGHT COMMITTEE – meets quarterly The Measure P and S Oversight Committee reviews revenues generated by Street Infrastructure Rehabilitation Transactions and Use Tax, and expenditures of those revenues, and reports to the City Council. Members: Five.

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

DocuSign Envelope ID: 852A5A6D-E6ED-44F4-87BE-11DD3C16EB24 I have a Master's Degree in Public Administration from the Middlebury Institute of International Studies. I earned my degree studying housing policy and its implementation at the state and local jurisdiction level.

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

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

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

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

X
Gabriel Sanders
ATTACHMENT 1
Council Regular Meeting, 2/6/2024, Item No. 14., Item Page 20, Packet Page 110 Name:
3 Are you employed by the City of Monterey? Yes No
Do you have any relatives who are employed by the City of Monterey? Yes No Initial to confirm that you understand and will comply with the following requirements:

Sign and date your application:

Signature: Date:

Full Name:

Return the application electronically, or by mail or personal delivery to:

A submitted application is a public record. It will be published (with signatures and personal contact information redacted) in the agendas for relevant meetings of the City Council. initial
initial
City of Monterey
Attn: City Clerk’s Office
580 Pacific St, Room 6
Monterey, CA 93940
DocuSign Envelope ID: 852A5A6D-E6ED-44F4-87BE-11DD3C16EB24 Gabriel Sanders
X
X
Gabriel Sanders
1/7/2024 | 3:32 PM PST
ATTACHMENT 1
Council Regular Meeting, 2/6/2024, Item No. 14., Item Page 21, Packet Page 111 Council
Agenda Report
№08/22
FROM: Hans Uslar, City Manager
SUBJECT: Provide Guidance Concerning 2024/25 Neighborhood and Community Improvement Program (NCIP) Objectives and Priorities ***NCIP*** (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council provide guidance to the Neighborhood and Community Improvement Program (NCIP) Committee regarding submissions and prioritizing projects that address public health, safety, and essential facilities.

VALUE DRIVERS:

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

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

POLICY IMPLICATIONS:

This action is consistent with past Council practice to provide guidance to the NCIP Committee prior to project submissions.

FISCAL IMPLICATIONS:

There are no direct fiscal implications associated with providing guidance to the NCIP Committee.

City Council approved 44 new NCIP projects in 2023 with an estimated value of $6.5 million. As of January 2024, there are 73 active NCIP projects with a budget of approximately $12 million, including $1.04 million of funding in contingency. The unappropriated and available fund balance is $4.8 million. With the additional Fiscal Year 24/25 funding of $6 million in projected revenues, less $450K in administrative expenses, and unassigned fund balance of $4.8 million, Date: 2/6/2024
Item No.: 15.

Council Regular Meeting, 2/6/2024, Item No. 15., Item Page 1, Packet Page 112 the total NCIP budget will be approximately $22.35 million. This results in $10.35 million in available funding for NCIP in FY25.

NCIP Active Project Balance $12,000,000
NCIP Projected FY25 Revenues $6,000,000
Less FY25 Admin Expense ($450,000)
NCIP Projected FY25 Unappropriated Fund Balance $4,800,000 NCIP Total Budget $22,350,000
ENVIRONMENTAL DETERMINATION:

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

ALTERNATIVES CONSIDERED:

The City Council could choose not to provide guidance to the NCIP Committee to prioritize projects that address public health, safety, and essential facilities; however, this is not recommended because the City has significant unfunded critical infrastructure needs with limited funding sources available. Utilizing other City funds would result in a reduction of other services or programs, which is not recommended. The projects described in this agenda report are in dire need of repair, and if these critical needs are not addressed, an option would be to close the facilities and the services provided at these facilities.

DISCUSSION
As in previous years, City Council provides guidance to the NCIP committee on program objectives and priorities at the beginning of the NCIP Year, prior to project submissions. It is projected that this year the NCIP will receive approximately $10.3 million in funding, the largest amount of funding the program has received since its establishment in 1985. The NCIP is funded through the allocation of 16 percent of the money collected through hotel taxes (Transient Occupancy Tax).

Council Regular Meeting, 2/6/2024, Item No. 15., Item Page 2, Packet Page 113 NCIP Program: Funding New Projects or Existing Infrastructure? The purpose of the NCIP Program since its inception has been to direct tourist-generated dollars directly back into the City’s residential neighborhoods and to provide for capital projects of community-wide benefit. (Charter section 6.6.) The City Funds programs and projects that are ranked and recommended by residents.

Over the past 20, annual funding for the NCIP Program has grown considerably, from $2 million in 2004 to a projected $10.8 million in 2024.
*2024 shows an additional $4.8 million in accumulation of unassigned fund balance from revenue collected prior to 2024.

Some community members have viewed that NCIP funding is separate from the City’s funds, and that the rehabilitation or renovation of existing City facilities should be funded from the City’s General Fund or other sources, and not NCIP. To clarify, first, NCIP dollars are generated from the City’s Transient Occupancy Tax (TOT) collections and are, in fact, City funds. And secondly, it is financially infeasible for the rehabilitation of existing City facilities to be funded only from non-NCIP sources since there are not enough General Fund dollars to support City operations and the City’s aging infrastructure. Funding City services, such as staffing (police officers, firefighters, park workers, and other staff) and other operational costs, such as insurance, supplies, and materials, has increased drastically over the past several years.

This means that there are insufficient General Fund dollars to fund the City’s infrastructure needs fully, and the City must rely on other sources. As shown in the graph below, the amount of NCIP funding far exceeds General Fund CIP funding. This is because there is so little General Fund money available for CIP projects after operating costs, pension liabilities, insurance, debt payment, and other expenses are incurred.

Council Regular Meeting, 2/6/2024, Item No. 15., Item Page 3, Packet Page 114 *2024 shows an additional $4.8 million in accumulation of unassigned fund balance from revenue collected prior to 2024.

Absent closing down existing City facilities because of a lack of funding to maintain them or cutting core services (neither of which staff recommends, and would be a disservice to the community), the City must continue to look at the NCIP as a funding source to retrofit and repair existing aging infrastructure in our neighborhoods. There are countless examples of the NCIP Committee continuing to support Citywide projects that support City facilities and are of community-wide benefit.

The City Council, the City Council-appointed NCIP Committee Members, and City staff have a long history of collaboration and understanding each other's needs. For example, in 2020, as a consequence of the economic devastation caused by the COVID pandemic, the City Council reallocated over $10M of NCIP funding towards the operations of the City. Without that action, the City would have faced more severe layoffs and drastic service reductions than it already has. In 2022, the NCIP added a $1.2M Sports Center dehumidifier replacement project to their list. At that time, other funding sources were not available; however, at the budget midyear point in FY 22/23, funds were reallocated to NCIP using budget savings and unassigned balance. These two examples show how well Council, NCIP Committee Members, and City Staff understand that NCIP funds support a variety of projects in our community and in our neighborhoods.

As a result of this prior Council guidance, the NCIP Committee has been aware of the Council’s fiscal responsibilities, priorities, and value drivers. As such, NCIP-recommended projects were more heavily weighted towards projects that addressed the City Council’s priorities of public health, public safety, and essential functions. The project application deadline for the 2024 NCIP Year is February 9, 2024, and the recommended NCIP budget and projects are anticipated to be brought to the City Council in the fall of 2024. The City Council will consider the recommendations presented by the NCIP Coordinator and establish a budget for each approved project.

Current Status of the NCIP Program
City Council approved 44 new NCIP projects in 2023 with an estimated value of $6.5 million. As of January 2024, there are 73 active NCIP projects with a budget of approximately $12 million, Council Regular Meeting, 2/6/2024, Item No. 15., Item Page 4, Packet Page 115 including $1.04 million of funding in contingency. The unappropriated and available fund balance is $4.8 million. With the additional Fiscal Year 24/25 funding of $6 million in projected revenues, less $450K in administrative expenses, and unassigned fund balance of $4.8 million, the total NCIP budget will be approximately $22.35 million.

The number and variety of approved NCIP projects have stretched staff’s ability to deliver the projects in a timely manner. Unfortunately, this is not a new issue but exacerbated by the current staff shortage. NCIP projects require careful planning, project management, and expertise across multiple City Departments. Currently, one full-time equivalent staff engineer is dedicated to the design and implementation of NCIP projects. In order to implement the program successfully and timely, approximately six (6) to seven (7) full time employees would be required to be assigned to the NCIP program.

The City is progressing in its efforts to hire additional engineers by increasing compensation, offering hiring incentives, and utilizing creative recruitment methods; however, there are challenges with the current market and competition for engineers affecting public agencies and private engineering consulting firms throughout the region. The Engineering Division currently has nine (9) vacancies for positions responsible for design, project management, and construction management. These vacancies critically impact the division’s ability to deliver NCIP, CIP, and Measure P/S projects. The City is also augmenting its capacity by contracting with consultants; however, consultants are also facing staff shortages and increased lead time for delivery of projects.

Historically, the City Council has provided guidance to the NCIP committee on projects it would prefer to see considered in the upcoming funding cycle. For example, Council could indicate it would like to see NCIP prioritize projects that make improvements to public safety, parks and recreation, and utility infrastructure projects such as: critical deferred maintenance at Fire Stations, park center improvements, city infrastructure and utility undergrounding.

Project Impacts to Ongoing Operation and Maintenance (O&M) Costs Certain NCIP-recommended projects have ongoing annual O&M costs. NCIP projects bring great value to the community; however, after the initial NCIP funding for construction, the nonNCIP project funding is responsible for funding of any related O&M costs out of the General Fund. This exacerbates the City’s infrastructure funding conundrum: limited funds are available outside of NCIP for necessary facility rehabilitation, and new NCIP projects that need to be repaired or replaced over time also rely on the limited non-NCIP funds. Staff estimates the total costs of O&M for NCIP completed projects exceed $2 million each year. For example, O&M expenses include water and electrical charges for new shower stations, water fountains, and streetlights. The repair costs for items such as the Del Monte Beach Boardwalk or radar speed signs are other examples. As beneficial as these projects are to the community, these ongoing O&M expenses are not budgeted for future year expenses, increasing the City’s long-term financial obligations and limiting the City’s ability to plan and budget for the City’s capital needs over time.

To provide additional perspective to the discussion on the needs the City is facing, staff has been working on a needs assessment of our critical infrastructure as well as City-owned facilities. In 2011, it was estimated that the infrastructure needs were $110 million; this equates Council Regular Meeting, 2/6/2024, Item No. 15., Item Page 5, Packet Page 116 to roughly $150 million in 2024. Staff is preparing a current needs assessment and preliminary estimates show that the needs exceed $150 million. A more detailed presentation to Council on this issue is expected by summer 2024. There is a substantial gap between projected infrastructure needs and funding. Every city and county is facing rising expenses for the operation, maintenance, and rehabilitation of infrastructure. Insufficient investment over the years has led to a growing backlog of projects, hindering the overall functionality and safety of essential infrastructure.

Currently, the City of Monterey lacks the necessary funding within its current tax and revenue framework to adequately maintain its infrastructure assets. The repercussions of this infrastructure deficit are far-reaching, affecting public safety, community services, and the overall quality of life for our community. The City continues to invest in programs and services by funding staff who deliver these services. However, staff and the community rely on buildings that are adequately maintained in order to deliver services effectively. Historically, the City has “kicked the can down the road” by funding necessary core personnel staffing levels, such as recreation staff and firefighters, but inadequately funding neglected facilities such as community centers and fire stations where our personnel work and provide services to the community.

Despite the daunting nature of this funding gap, City Staff is striving for transparency and emphasizing that the challenge should not be deferred to future generations of councilmembers and staff. This approach reflects a sense of responsibility toward ensuring the sustainability and resilience of the City's infrastructure, recognizing that delayed action could exacerbate the existing issues and lead to more significant challenges in the future. Neglected infrastructure does not only result in additional maintenance costs over time, but it also has a serious impact on the ability of the City to recruit and retain talented employees who do not want to work in dilapidated facilities or community members who do not want to participate in programs held in poorly maintained facilities.

Measure P and S have been critical to the repairs of our streets, storm drains and installation of curb ramps. However, these funds can only be used to address specific projects. It is clear we have a significant challenge to adequately fund our infrastructure, including City-owned buildings.

Projects for Consideration
The following Projects are recommended for priority consideration:

Fire Station 12 (New Monterey) Rehabilitation
Monterey’s neighborhood fire stations support the needs of the fire department and the neighborhood in which they are located. The fire stations are considered critical infrastructure and staffed by firefighters 24 hours a day, seven days a week. They must accommodate extremely diverse functions, including sleeping quarters, kitchens, physical fitness area, training area, fire apparatus bays and storage of firefighting equipment. While it is usually only occupied by fire personnel, the facility frequently accommodates the general public for community education outreach programs, walk-in medical services, and other services as needed.

Fire Station 12 is located at 582 Hawthorne Street, and largely serves the New Monterey neighborhood, Cannery Row Business District, New Monterey Business District, and the Fire Council Regular Meeting, 2/6/2024, Item No. 15., Item Page 6, Packet Page 117 Department’s Marine Operations based at Coast Guard Pier. The City has not invested in any significant improvements or upgrades since the station was built in 1951.

The Fire Station 12 rehabilitation project would consist of:
 Roof repairs
 Repair concrete slab by bay doors and reseal concrete  Kitchen remodel
 Replace exterior windows with double-pane windows for operability and energy efficiency
 Replace non-operable generator with a new unit
 Interior paint
 Replace exterior deck
 Restrooms and shower remodel and upgrade
 Building termite treatment and tenting
 New interior flooring
 New HVAC system to address heating issues
 New domestic hot water heater
 Lighting upgrade in the truck bay and living quarters  Resurface parking lot
 Upgrade emergency communication sound system for better clarity and functionality Staff estimates these repairs and upgrades at $1.05M.

Fire Station 13 (Villa Del Monte) Rehabilitation
Fire Station 13 is located at 401 Dela Vina Avenue. The City has not invested in any significant improvements or upgrades since the station was built in 1951. The fire station, which serves the neighborhoods of Villa del Monte, Del Monte Beach, Casanova Oak Knoll, Del Monte Grove/Laguna Grande, City of Sand City, and other neighborhoods, is in need of significant repairs. The Fire Station 13 rehabilitation project would consist of:
 Roof repairs
 Repave and repair parking lot
 Kitchen remodel
 Replace exterior windows with double-pane windows for operability and energy efficiency
 Replace end of life generator with a new unit
 Interior paint as needed
 Restrooms and shower remodel and upgrade
 Building termite treatment and tenting
 New interior flooring
 New HVAC system
 New domestic hot water heater
 Lighting upgrade in the truck bay and living quarters  Attic vent repairs
 Truck bay door frame repair
 Wall repair in workout area with reinforced paneling
Council Regular Meeting, 2/6/2024, Item No. 15., Item Page 7, Packet Page 118  Wall hole repair and seal
 Upgrade emergency communication sound system for better clarity and functionality  Install outdoor access area for the grant-funded Library locker to allow greater access to Library services
Staff estimates these repairs and upgrades at $1.2M.

Hilltop Center (New Monterey) Rehabilitation
Hilltop Center is located at 871 Jessie Street in the New Monterey neighborhood. The Hilltop Park Center is a repurposed school and includes meeting and classrooms, two large activity rooms, a community room, ceramics and art space, preschool rooms, and kitchen facilities. The building has not been remodeled to accommodate its use as a community center. It opened in 1985 and has had minimal repairs or upgrades since then.

The Hilltop Center rehabilitation project would consist of:
 New roof to include trusses
 New sewer lateral and repair of basketball courts
 Replace exterior windows with double-pane windows for operability and energy efficiency
 New lighting system for entire building with office control and programing  Building termite treatment and tenting
 Install a dedicated generator (emergency shelter)
 Replace several exterior doors
 Replace gutters and downspouts
 Consolidate HVAC systems into two large systems for increased efficiency and environmental controls
 Kitchen remodel and appliance upgrade
 Pottery room plumbing and sediment filtration upgrade  New flooring as required
 New interior and exterior paint
Staff estimates these repairs and upgrades at $2.3M. Current partially funded CIP projects for the roof and sewer lateral amount to only $305,000. A total of $2 million is needed for critical repairs to this Recreation Center.

Underground Utilities Program
Residents have expressed support and interest in undergrounding utilities. This program would require funding a full-time program manager who would prioritize and coordinate with PG&E on design and implementation of undergrounding utilities and underground utility projects. NCIP funded a 2018 Undergrounding Study that was presented to the Monterey Vista and Old Town Neighborhoods. The Study identified preliminary project costs at $800 to $1,500 per centerline foot. This equates to $1,000 to $2,000 per centerline foot in 2024. The new program manager would determine how to prioritize projects (specific streets or neighborhoods) and assess any additional costs to property owners. Individual property owners would still incur the cost to transition from overhead to underground service (for new electrical service panels, trenching, or Council Regular Meeting, 2/6/2024, Item No. 15., Item Page 8, Packet Page 119 boring to the house from the street). The costs are estimated to range from $2,600 to $50,000 per property.

Approximately 5% of the City’s streets have already been undergrounded (5 miles); the cost to underground the remaining 98 miles of public streets can be expected to range between $530M to $1B. Funding these program costs or the project management from the General Fund is not realistic considering the current infrastructure needs. Staff recommends that $2 million, approximately 25% of NCIP funding, be allocated annually to an Undergrounding Program.

Public Safety Building
At this time, staff does not propose funding from the NCIP towards a new Central Public Safety Building, which will house Police, Fire, and the Emergency Operations Center (EOC). Council will receive a separate briefing from staff and the consultant team outlining the concept for a new building, the estimated costs, and potential funding mechanism. It is important to start tracking this future capital project as well, and Council has done that last year by implementing a Public Safety Reserve Fund.

Staff Recommendation
Staff recommends that Council makes the above projects a priority for NCIP funding. The total remaining funds available for new NCIP projects would amount to $4.8 million for this year’s program.

NCIP Available Funding $10,350,000
Fire Station 12 estimate $1,050,000
Fire Station 13 Estimate $1,200,000
Hilltop Center Estimate $2,000,000
Undergrounding of Utilities annual estimate $2,000,000
Remaining Funds for new NCIP projects $4,100,000
Additionally, Staff recommends that the City Council advise the NCIP Committee to continue to focus on projects that address public health and public safety, and that special attention be paid to City facilities since this component of the City’s infrastructure is critically underfunded.

Staff looks forward to Council’s discussion and recommendations. c: NCIP Representatives
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, 2/6/2024, Item No. 15., Item Page 9, Packet Page 120 Council
Agenda Report
№07/19
FROM: Hans Uslar, City Manager
SUBJECT: Receive an Update on Cannabis Application Process, Review Cannabis Industry Revenue and Crime Trends, and Consider a 180 Day Pause on Processing Storefront Retailer: Type 10A (adult-use) and/or Type 10M (medicinal) Cannabis Business Permit Applications (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

The City Council receives an update on the cannabis application process, reviews cannabis industry revenue and crime trends, and considers a 180-day pause on processing Storefront Retailer: Type 10A (adult-use) and/or Type 10M (medicinal) Cannabis Business Permit Applications.

FISCAL IMPLICATIONS:

The independent revenue analysis conducted by consulting firm HdL in February 2021 estimated the tax or fee revenue for cannabis retail to generate between $604,000 to $1.3 million per year. This was the estimate used for the voter-approved Cannabis Business License Tax, which is currently set at 4% of gross receipts from retail businesses, 1% of gross receipts from testing laboratories, and 2% of gross receipts from cannabis distribution and other uses.

The revenue estimate of $604,000 to $1.3 million for retail cannabis revenue may not accurately assess potential revenue. Firstly, this estimate was completed in February 2021, when the City of Seaside had six active cannabis retailers, Marina had one retailer, Del Rey Oaks had one retailer, and unincorporated Carmel had two retailers, for a total of nine retailers in the surrounding communities. Since then, more cannabis retail outlets have opened in the region, including one additional operator in unincorporated Carmel and three additional operators in Marina, and a potential cannabis operator in Pacific Grove, for a total of 13 current cannabis operators on the Monterey Peninsula. Secondly, the estimate was based on cannabis retailers to be located in tourist-oriented districts. However, the approved cannabis retail districts include the Cannery Row Business District (except Cannery Row itself), North Fremont Business District, Old Town Business District (except Alvarado Street), and Lighthouse Avenue Business District, which are locations that are not exclusively in the heart of tourist districts.

Based on the increased competition, softening of the cannabis retail market in California, and locations of approved cannabis retail districts, it is unclear if the revenue estimates will be fully realized. Using HdL's 2021 revenue projections for “Tourist Districts” at a 20% reduction at the current 4% business tax rate, the City of Monterey’s updated revenue estimate range is between $322,323 and $705,583 annually.

Date: 2/6/2024
Item No.: 16.

Council Regular Meeting, 2/6/2024, Item No. 16., Item Page 1, Packet Page 121 ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 CEQA Guidelines Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because recovering the City’s cost to regulate cannabis commerce and taxing that commerce to fund general city services 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, such as appropriating the revenues realized, will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The purpose of the agenda item is for Staff to provide an update on the Retail Cannabis Application Process. Staff will also provide the City Council with recent information about cannabis revenue and crime activity and allow the City Council to consider whether it should:

1. Continue to process cannabis applications by conducting the completeness check and verifying eligibility, completing consultant review and scoring, and beginning the selection committee interviewing and scoring process; or

2. Consider a 180-day pause on processing Storefront Retailer: Type 10A (adult-use) and/or Type 10M (medicinal) Cannabis Business Permit Applications by holding applications submitted and issuing refunds to applicants who choose to withdraw from consideration.

DISCUSSION:

The Cannabis Roadmap to Date
In September 2020, the City Council launched a Cannabis Policy Framework, which kicked off an extensive public engagement, legal, fiscal, and regulatory review of the potential use of cannabis retail, manufacturing, cultivation, events, and testing in the City of Monterey. In late 2021, following several months of public input, including community surveys and discussions during City Council meetings, the City Council provided initial input on elements of the Commercial Cannabis Roadmap. In the summer of 2022, the City Council adopted a resolution placing a Cannabis Tax Measure on the November 2022 ballot. This tax measure, Measure J, was passed by Monterey voters with 65.19% support.

On November 7, 2023, the City Council introduced a first reading of the Commercial Cannabis Ordinance, which was later amended on December 15, 2023 and January 16, 2024. The most recent ordinance goes into effect on February 15, 2024. The Ordinance allows the City Council to permit up to four (4) cannabis retail permits (one each in the following districts: Old Monterey Business District except fronting Alvarado Street, North Fremont Business District, Lighthouse Avenue Business District, and Cannery Row Business District except Cannery Row), one nonstorefront retail business that is required to deliver medicinal cannabis, an unlimited number of Council Regular Meeting, 2/6/2024, Item No. 16., Item Page 2, Packet Page 122 cannabis testing laboratories, an unlimited number of cannabis event organizer permits, an unlimited number of delivery businesses and distributers with facilities located outside of the city, and up to two cannabis events at the Monterey County Fairgrounds.

Retail Application Status
The Cannabis Retail Application period was held from December 15, 2023 to January 29, 2024.

A total of 13 retail applications were received by the deadline. The applications have not been checked for completeness or determination of eligibility. The applicants range from experienced cannabis retailers with multiple locations throughout California, regional cannabis retailers, and independent cannabis retailers. Among the applicants, all proposed businesses have at least two owners, and some as many as four or more owners.

Based on the current timeline, eligible applicants will undergo an initial application review and scoring by the consultant, followed by scoring by the selection committee comprised of the Mayor and Vice Mayor, and consideration and final approval by the City Council.

Significantly Lower Revenue Estimates
As mentioned earlier, the independent revenue analysis conducted by consulting firm HdL in February 2021 estimated the tax or fee revenue for cannabis retail to generate between $604,000 to $1.3 million per year.

The initial cost estimates were based on several factors/considerations:
1) The estimates presumed cannabis retailers would be located predominately in touristoriented districts such as Cannery Row and Alvarado Street. While the cannabis retail zones include the Cannery Row Business District and Old Monterey Business District, the zones exclude the high-traffic areas of Alvarado Street and Cannery Row itself. 2) The estimates were generated during a time when legalized marijuana retail sales were stronger and more robust than today.
3) The estimates were based on a Cannabis Business Tax Rate of 6%, whereas the City’s current Cannabis Business Tax Rate is 4% for retailers. The City chose to set this rate at 4% because of the challenging economics of cannabis retail and belief that a higher rate would not allow cannabis businesses in Monterey to succeed and compete effectively with dispensaries in neighboring communities.

Using HdL's 2021 revenue projections for “Tourist Districts” at a 20% reduction at the current formula, averaging the projections for “Tourist Districts” and “Resident Population Only” at the 4% business tax rate, the City of Monterey’s updated revenue estimate range is between $322,323 and $705,583 annually.

Furthermore, there is now increased availability, with one additional operator in unincorporated Carmel and three additional operators in Marina that have opened since 2021. Additionally, the City of Pacific Grove is considering cannabis retail operations.

The state of the retail cannabis industry has become unstable in recent months, causing closures. In September 2023, the Monterey County Weekly reported on the closure of Urbn Leaf, a dispensary in Seaside located in the heart of Broadway Avenue, a celebrated economic development area adjoining very successful businesses such as Other Brother Beer Company.

The Weekly reported that Statehouse Holdings, Urbn Leaf’s parent company, “has been dealing Council Regular Meeting, 2/6/2024, Item No. 16., Item Page 3, Packet Page 123 with many of the same headwinds that have impacted the cannabis sector at large – namely, overproduction that has hurt prices, illegal-market competition that has hindered sales, and taxes and regulations that industry players claim have made it difficult to turn a profit.”1 The same article also reported that “In its second-quarter earnings report, Statehouse disclosed quarterly revenues that were down 27 percent year-on-year, including retail revenues that fell 30 percent from the previous year. The San Diego-based company reported a net loss of $2.1 million in the quarter, which coupled with a heavy debt load has seen its publicly traded stock sink to under $0.07 per share.”
Despite Urbn Leaf’s closure, however, staff from the City of Seaside reported that another cannabis retailer may reopen in its place. Cannabis industry experts state that cities and cannabis operators that were early adopters are seeing drops in revenue.

Reviewing the City of Seaside’s data can help
Monterey better understand cannabis retail sales
because Seaside is geographically nearby and
has the same number of dispensaries today as
in 2021. According to the California Department
of Tax and Fee Administration2, the City of
Seaside’s taxable sales have shifted from $19.8
million in 2019/20 to a peak of $24.7 million in
2020/21 to $16.9 million in 2022/23.

Increase in Armed Burglaries and Robberies of Cannabis Businesses The Tri-County (Monterey, Santa Cruz, San Benito) Area
and San Francisco Bay Area have experienced not only
significant increases in burglaries and robberies of
cannabis retailers recently, but more importantly, the
tactics being used by the suspects in these crimes have become much more sophisticated and dangerous to
responding police officers and the community who may be caught in the crossfire.

Examples of recent incidents include:
 On January 16, 2024, a burglary of a cannabis
business in San Luis Obispo involved seven
suspects and four vehicles.
1 https://www.montereycountyweekly.com/news/local_news/dispensary-closures-highlight-the-cannabisindustry-s-ongoing-struggles/article_27fe0d56-526b-11ee-8e5e-5f0f073fcc82.html 2 https://www.cdtfa.ca.gov/dataportal/dataset.htm?url=CannabisSalesByCity Figure 1: Increase in Organized Crime,
Tri-County Region
Council Regular Meeting, 2/6/2024, Item No. 16., Item Page 4, Packet Page 124  On January 6, 2024, a burglary of a cannabis
dispensary in Watsonville involved 15 suspects
and 10 vehicles. During this incident, the
suspect vehicles were parked facing away from
the business with their headlights facing toward
the direction of any responding police officers to
give the suspects a tactical advantage.
 On December 7, 2023, a burglary in Watsonville
involved six suspects
 On November 13, 2023, a burglary of a
marijuana packer and grower in Santa Cruz
involved multiple suspects and vehicles. The
business was burglarized by eight masked
people, and the owner used a handgun to shoot
at the suspects. The business owner was later
arrested on four counts of attempted murder.3
 In March 2023, four separate burglaries in Salinas, Santa Cruz, and Greenfield resulted in police pursuits. The Salinas incident involved 9 suspects; the first Santa Cruz incident included multiple suspects and vehicles; the second Santa Cruz incident involved 8 suspects and 5 vehicles; and the Greenfield incident involved 12 suspects and 3 vehicles.
 On December 29, 2023,
Oakland Police Officer
Tuan Le was responding
to the second burglary
alarm at the same
cannabis business when
he was fatally shot by
suspects who were
fleeing from the burglary
they had just committed
at the cannabis
business.4
When the Monterey City Council
began to consider commercial
cannabis in September 2020,
the tactics utilized by those
committing burglaries and
robberies were not as
orchestrated and did not involve
3 https://www.ksbw.com/article/santa-cruz-cannabis-business-owner-chases-thieves-arrested-forattempted-murder/45840944 4 https://www.cbsnews.com/sanfrancisco/news/oakland-police-officer-killed-fatal-shooting-embarcaderohighway-880/ Figure 2: Tri-County Region, Number and
Frequency of Incidents Occurring
Council Regular Meeting, 2/6/2024, Item No. 16., Item Page 5, Packet Page 125 the number of suspects that are involved in the recent trends targeting cannabis businesses.

While previously, robberies/burglaries of cannabis businesses were common in the Bay Area, we did not see the prevalence of these types of crimes in our Tri-County area.

According to a December 31, 2023 article in the Santa Cruz Sentinel, armed burglars have targeted cannabis businesses, “leading to shootouts in Oakland, Martinez, San Leandro, and Union City” and that “multiple people have been killed or wounded.”5 Should the City Continue Down the Cannabis Roadmap or Take a Pause? As has been described, there are several areas of concern that staff would like to make the Council aware of:
 Changed economic situation related to cannabis businesses, leading to less-thanexpected revenues.  Increased sophistication and tactical planning related to crimes committed against cannabis businesses which result in more violence and danger to the community and law enforcement.
 The tension created between the regulatory, criminal, and investigative aspects of the City (City Manager’s Office, Police Department, City Attorney’s Office, Planning, Code Enforcement, Finance, Information Technology) and the business operators leading to more requests for services that are already stretched (e.g., the issues that have unfolded in Santa Cruz).
 Cannabis-related crime resulting in police activity, shootings, or other incidents may result in headlines that impact the City’s precious tourism-based economy, potentially impacting Monterey’s reputation as a safe and family-friendly destination. This could, in turn, reduce tourism revenue and offset any gains in cannabis-related revenue.  The availability of cannabis has increased in very close proximity for Monterey residents if they wish to visit those locations or order cannabis for delivery.

One of the main drivers for implementing and allowing commercial cannabis in the City of Monterey in early 2021, was to realize the lucrative revenue cannabis taxation that would be brought to the City’s coffers. It was estimated that cannabis revenue could generate between $604,000 to $1.3 million annually, and those funds could support community priorities such as core services and affordable housing. Today, a more realistic revenue projection is between $322,323 and $705,583 annually. These projected dollars need to be balanced against staff resources that are devoted toward the implementation and regulation of the cannabis businesses, which could be utilized for other priorities.

Legal cannabis producers are struggling to the point that local governments are forced to give up revenue sources. In Monterey County, the Board of Supervisors has repeatedly dealt with the supply side by reducing fees and taxation. The Board of Supervisors has reduced the cultivation tax several times from an initial $15 per square foot in 2016 to the current $2 per 5 https://www.santacruzsentinel.com/2023/12/31/fatal-shooting-of-oakland-police-officer-renews-fears-ofcrimes-around-bay-area-cannabis-shops/ Council Regular Meeting, 2/6/2024, Item No. 16., Item Page 6, Packet Page 126 square foot in 2023. Additionally, the cannabis producers continue to relate that they are not competitive despite the State’s elimination of a grower’s tax.6 As has been related, crime directed toward cannabis businesses has become more sophisticated and planned, resulting in shootouts, police pursuits, and in one instance, the murder of an Oakland police officer. With incidents taking place in nearby communities of Santa Cruz, Watsonville, Salinas, and San Luis Obispo, there is no reason to believe these incidents would not occur at cannabis-related businesses in Monterey.

The tension created between the governing bodies and the cannabis businesses is described in an article in Lookout Santa Cruz which recently reported that there is a “fundamental disagreement between the [cannabis] industry and [Santa Cruz Police Department] over law enforcement’s ability to help prevent, investigate and prioritize arrests for these crimes.”7 In Santa Cruz, there has been increased pressure from the cannabis industry for the mayor, city council, city manager, and police department to do more to protect cannabis businesses, but it is unclear what the city government can do differently.

One key question is: To what degree should local government be expected to protect cannabis products and respond to robberies and burglaries at the expense of public safety through police pursuits, putting the lives of officers and residents at risk, or reprioritizing cannabis-related crime over other crime or quality of life issues the Monterey Police Department is already tasked with addressing?
Staff has surfaced these issues to allow Council to contemplate the changed revenue, crime, and regulatory picture so that the Council can provide direction for staff to:
 Pause the implementation of the permitting process that allows Storefront Retailer: Type 10A (adult-use) and/or Type 10M (medicinal) Cannabis Business Permit Applications for 180 days, and re-evaluate the financial and crime situation at that time; or  Continue implementing the permitting to allow brick-and-mortar cannabis storefront dispensaries.

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
6 More background about the Monterey County cannabis market:
“There were a lot of numbers thrown around Tuesday, but the cost of operating the program stands at roughly $6 million, while collected tax revenue through the first three fiscal quarters of this year has fallen to $2.8 million, according to a staff report provided to supervisors. The program, which was created in 2016 and went into effect in 2018, has many elements spread over a number of different departments, including the District Attorney, Treasurer/Tax Collector, County Sheriff, Auditor/Controller, Health Department and Community Housing, all of which have a role in regulating cannabis cultivation in the county.” - Monterey Herald, May 24, 2023. 7 https://lookout.co/do-you-want-us-to-get-into-a-gunfight-santa-cruz-cannabis-industry-decries-policeresponse-to-burglaries/ Council Regular Meeting, 2/6/2024, Item No. 16., Item Page 7, Packet Page 127

Monterey City CouncilFebruary 6, 2024

Monterey City Council
February 6, 2024