Agenda packet — Monterey City Council, April 16, 2024

Council Chamber,
580 Pacific St.

Monterey, California
City Council Agenda
Council Regular Meeting
Tuesday, April 16, 2024
4:00 PM – 6:00 PM
Afternoon Only
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.

CAMPAIGN CONTRIBUTION DISCLOSURE: Pursuant to the Levine Act (Govt. Code section 84308), any party to a permit, license, contract, or other entitlement before the Council is 4/16/2024 4:00:00 PM
2 required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.
***Afternoon Session Agenda ***
4:00 – 6:00 p.m.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Recognition of the Monterey High School Basketball Team’s 2024 State Division IV Championship Award (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) - - Continued from March 19, 2024

2. Receive Presentation on Economic Impact and Investment Summary from See Monterey (formerly Monterey County Convention and Visitors Bureau) (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. April 2, 2024 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Award of Construction Contracts

4. Awarding a Construction Contract in the Amount of $596,197.00 to The Don Chapin Company for the Calle Principal / Madison / Polk / Hartnell Curb Ramps Project and Amending the Traffic Resolution 98-186 to remove stop control on Calle Principal and add stop control on Madison Street (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP***
Ordinances
An ordinance is a law adopted by the City Council and codified in the City Code. Through the adoption of an ordinance, the City may make and enforce within its limits all local, police, sanitary, and other laws not in conflict with state or federal law. An ordinance generally becomes effective 30 days after approval at a second reading. 4/16/2024 4:00:00 PM
3 5. 2nd Reading of an Ordinance to Amend Monterey City Code Chapter 17 Relating to the East Moorings, Sales of Whole Fish from Boats, Inoperable Vessels, and Parking Permit Policies (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

6. 2nd Reading of an Ordinance to Amend Chapters 22 and 38 of the Monterey City Code, Establishing Exemption Criteria and Minimum Performance Standards Relating to the Use of Emergency Generators During Emergency Power Outages; Exempt from CEQA per Article 18, Section 15269(c)
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.

7. Award Five Professional Services Agreements for On-Call Construction Management Services Each with a Not-To-Exceed Limit of $500,000.00, for Projects with the City of Monterey to: (1) Consor PMCM, Inc.; (2) CSG Consultants, Inc.; (3) Harris & Associates, Inc.; (4) 4LEAF, Inc.; and (5) Wallace Group, a California Corporation ***CIP/NCIP*** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) -- Continued from March 19, 2024

8. Receive Alvarado Street Maintenance District 85-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)

9. Receive Calle Principal Street Maintenance District 00-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
*** End of Consent Agenda ***

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

10. Receive Annual Report and Renew the Military Equipment Purchase and Use Ordinance – Monterey City Code, Chapter 27, Article 3, Section 27-10, and Authorize the Acquisition of Additional Military Equipment Including a Crisis Negotiating Team Command Vehicle, Two Pepper Ball Launchers, One Desert Tech SRS M2 Precision Rifle, and Replace Thirteen Patrol Rifles. (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).)
4/16/2024 4:00:00 PM
4 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. Members of the public who submit written public comment on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $250 to an officer of the City within the preceding 12 months.

CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES:

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

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

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

Upcoming city meetings are listed at http://isearchmonterey.org More information is available by calling (831) 646-3935 Council
Agenda Report
№09/24
FROM: Hans Uslar, City Manager
Prepared By: Linda Tulett, Administrative Assistant
SUBJECT: Recognition of the Monterey High School Basketball Team’s 2024 State Division IV Championship Award (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) - - Continued from March 19, 2024
RECOMMENDATION:

That the City Council present a proclamation to and recognizes the Monterey High School Varsity Boys Basketball Team as the 2024 CIF Division IV Boys Basketball State Champions.

VALUE DRIVER:

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:

Recognizing community achievements within the City at City Council meetings is consistent with past practice.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No FISCAL IMPLICATIONS: None.

ENVIRONMENTAL DETERMINATION:

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

ALTERNATIVES CONSIDERED: None.

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

Council Regular Meeting, 4/16/2024, Item No. 1., Item Page 1, Packet Page 5 DISCUSSION:

On March 9, 2024, the Monterey High School Boys Basketball Team won the state Division IV boys’ basketball championship, beating Chatsworth with a score of 74-66 at the Golden 1 Arena in Sacramento.

Monterey High School's Boys Basketball Team was the 14th seed in their division and selected to one of the three at-large teams participating in the state championship playoffs. Monterey High beat third-seed Sierra, sixth-seed Lincoln, and second-seed Natomas to face Chatsworth in the finals.

The team was led by Coach Greg Daniels, Jr., an alumnus of Monterey High and head coach for the last 19 years, and supported by boys basketball team staff: varsity assistant coaches Michael Tokuno, Tom Reynolds, and Jon Ordonio, Junior Varsity Coach Tim Dunn, Jr., Freshman Coach Tim Dunn, Sr., team videographer Greg Daniels III, team coordinator Janine De Leon, and team statistician Camilla Gulliksson. The players put in hard work on the court, became known as the “Road Warriors” due to the long hours of travel sustained throughout the playoffs, and continuously pushed themselves to capture wins.

The state championship title is the first in Monterey High School history, the first in Monterey County history to be won by a public-school basketball team, and the second ever in Monterey County overall.

HU/lt
Attachment: Proclamation
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, 4/16/2024, Item No. 1., Item Page 2, Packet Page 6 Office of the Mayor.

Monterey, California 93940
Proclamation recognizing
Tyller Williamson
the Monterey High School Varsit:y Boys Baske.tball Team as the 2024 CIF Division IV Boys BasketbaUState Champions . . . WHEREAS, on March 9, 2024, the Monterey High School Varsity Boys Basketball team won their first State Championship and became the first public school in Monterey County to achieve a State title for boys basketball; and,
VVHEREAS, with thezvin, the Monterey High Varsity Boys Basketball team also became the third .. Monterey County high school program to capture a Northern California regional title; and, WHEREAS, after losing the Central Coast Section (CCS) semi-final game, the Varsity team was selected · to be one of the.three at-large teams participating in state championship playoffs. The team was seeded 14 out of 16 teams in the Division IV bracket. All of the games were road games and despite the long hours of travel, the team emerged victorious at each one. These victories lead the team to compete in the Northern California (NorCal) Final/ State Semi-final, where the team won and became theNorCal Division IV regional champions. This win allowed the team to mave on the state finals; and, WHEREAS, on March 9, 2024, the team traveled to the Golden 1 Center in Sacramento and defeated the number 1 seeded Chatsworth Charter School 7,f:-66 to become the 2024 Division IV State Champions; •
. and,
WHEREAS, the team was lead t() victory by Coach Greg Daniels, Jr. and his support staff varsity assistant coaches Michael Tokuno, Tom Reynolds, (lnd Jon Ordonio, junior varsity coach Tim Dunn, Jr., freshman coach Tim Dunn, Sr., team videographer Greg Daniels III, team coordinator Janine De Leon, and team statistician Camilla Gulliksson. :Coach Daniels, Jr. is an alumni of Monterey High and has been • the head coach for the last 19 years; and,
NOW, THEREfORE, BE IT PROCLAIMED THAT I, Tyller Williamson Mayor of the City of Monterey, on behalf of the City Council and citizens, hereby congratulate the Monterey High School Varsity BatJS BasketbalUeam on the 2024 Division IV State Championship.

Dated: March 2024
Tyller Williamson, Mayor

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 1., Item Page 3, Packet Page 7 Council
Agenda Report
№09/24
FROM: Nat Rojanasathira, Assistant City Manager
SUBJECT: Receive Presentation on Economic Impact and Investment Summary from See Monterey (formerly Monterey County Convention and Visitors Bureau) (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council receive a presentation from See Monterey (formerly Monterey County Convention and Visitors Bureau) on its Economic Impact and Investment Summary.

VALUE DRIVERS:

POLICY IMPLICATIONS:

It is within the City Council’s purview to receive updates from community partners and organizations to which the City contributes funds. The City of Monterey provides funding directly to See Monterey, which is the State-recognized Destination Marketing Organization (DMO) for Monterey County.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

There is no fiscal impact to receiving this presentation.

Per past Council practice, the City of Monterey has invested 6% of the previous year’s Transient Occupancy Tax (TOT) revenue to fund destination marketing services. These funds have been granted to the U.S. Travel Association’s designated Destination Marketing Organization (DMO) for the region, See Monterey, with a reduction of $350,000 as part of See Monterey’s contribution to the City for repayment of internal loans for the Conference Center renovation project, up to $1,800,000. Compensation for services in the existing agreement is based on current, remitted TOT, allowing the City to pay as it collects rather than being based on past year’s collections or future projections. The City’s current agreement with See Monterey, approved by the Council went into effect on July 1, 2023, and may be extended for four (4) additional one-year terms.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 1, Packet Page 8 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.

ALTERNATIVES CONSIDERED:

The City Council could choose not to receive this presentation, but that is not recommended.

DISCUSSION:

For over two decades, the Monterey City Council has on an annual basis, authorized funding for See Monterey to provide a destination sales and marketing program for both group sales and leisure and convention delegate and housing services.

At its meeting on April 16, 2024, the Monterey City Council will receive a presentation from See Monterey about how the City’s investments are supporting the countywide destination marketing promotions for the current fiscal year, as well as a preview of the next fiscal year. See Monterey staff will also provide details on the expanded partnership between the City of Monterey, the City’s Monterey Conference Center, and See Monterey. The presentation will include marketing communications updates, results of direct sales bookings (which total over $51 million in economic impact between July 1, 2023 and March 31, 2024), a competitive analysis, and how See Monterey has updated their branding and is expected to continue building its partnership with the City of Monterey in 2024/25.

Attachments: 1. See Monterey 2023-24 Business Plan
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, 4/16/2024, Item No. 2., Item Page 2, Packet Page 9 •

INSPIRATION
ITARTI HERE.

FV2023-24

BUJINEJJ PLAN

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 3, Packet Page 10 What path do you take?
Out here, it's a whole world of paths.

There are paths that Mother Nature made just to show off.

That lead to things that don't even fit on screens.

And, yeah-you'll probably find some good old-fashioned
wonder along the way.

Or a dose of adrenaline.

Or just ... a little wine.

Whatever path you pick, it should take you places.

Now, if you ever find yourself stopping in your tracks, well-we think that's a good thing.

And if you feel a little more connected to this big old world, or maybe to the people you're with, or maybe yourself. .. then even better.

Because that ... is where the right path can lead.

This is Monterey County.

Find your way here.

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 4, Packet Page 11 BOARD OF DIRECTORS 4
COMMITTEES 5
STRATEGIC PLAN UPDATE 8
TRANSFORMATION – SEE MONTEREY 10
FY2023-24 BUDGET SNAPSHOT 12
SITUATION ANALYSIS 13
FY2023-24 BUSINESS PLAN 22
MARKETING COMMUNICATIONS 23
BUSINESS DEVELOPMENT 31
COMMUNITY RELATIONS 36
OPERATIONS, HR & ADMINISTRATION 38
2022 - 2024 ARPA MARKETING PROGRAMS 39
INSIDE
2023-24 BUSINESS PLAN 1

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 5, Packet Page 12 2 FROM THE CEO
Dear Esteemed Stakeholders,
I hope this letter finds you in good health and high spirits. The Monterey County Convention & Visitors Bureau is thrilled to share with you our strategic vision for the upcoming year, which promises to mark a new era of growth and prosperity for all communities and residents of Monterey County.

In an ever-evolving landscape of tourism and hospitality, it is imperative that we remain adaptive, innovative, and focused on enhancing the experiences of both visitors and residents alike. We have undertaken an extensive analysis of industry trends, feedback from valued stakeholders like you, and the unique attributes that make Monterey County a sought-after destination.

Key Highlights of Our New Business Plan:

Diversified Offerings: Building upon our region’s rich cultural heritage, natural beauty, and vibrant communities, we will showcase an array of experiences that cater to diverse interests and preferences.

Sustainable Tourism Initiatives: We recognize our responsibility to preserve the pristine environment that draws visitors to our County. Our plan includes innovative sustainable tourism promotion to foster a harmonious coexistence between tourism and nature.

Collaborative Partnerships: We are committed to fostering collaboration with local businesses, community organizations, and government bodies to collectively contribute to the economic and social vitality of Monterey County.

Enhanced Visitor Engagement: Our digital transformation initiatives will enhance the visitor journey, making it seamless, informative, and interactive. This includes a revamped website, immersive mobile app, and enhanced social media engagement.

Rebranding the Destination: After a successful 10-year run with “Grab Life by the Moments” as Monterey County’s brand line, the brand has been reinvigorated and a new campaign launches now. Inspiration has always been the destination’s super power, now we’ll focus it on creating greater connectivity for travelers and residents alike.

We believe that these strategic steps will enhance the visitor experience and drive sustainable growth and long-term success for both our organization and the Monterey County community. Together, we will create a future that celebrates the beauty, culture, and opportunities our region has to offer.

Warm regards,
Rob O’Keefe, President & CEO
p.s. This letter was written by ChatGPT

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 6, Packet Page 13 From the REAL Rob O’Keefe:

How did that letter sound? Not quite like me? But not totally off… and definitely the kinds of things I would say, our focus for the coming year and what I stand behind.

Technology is amazing. AI and machine learning, among other tech innovations, are game changers for our industry. So much so that I used ChatGPT to write a letter to make the point! Don’t get me wrong, we did some light editing and the letter expresses my vision and game plan for the coming year. With our Long Term Strategic Plan guiding the way, we will continue to use innovation to serve up inspiration for our visitors, our community and ourselves, as you will see in this year’s Business Plan.

Speaking of innovation, there is one thing ChatGPT got totally wrong – our name! We are thrilled to publish this Business Plan with our fantastic new branding under our new organization name: See Monterey.
- The REAL Rob O’Keefe
President & CEO, See Monterey
2023-24 BUSINESS PLAN 3

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 7, Packet Page 14 4 BOARD OF DIRECTORS
Officers Amrish Patel, Chair, Green Lantern Inn
Bina Patel, Chair Elect, Peninsula Hospitality Group
Teri Owens, Past Chair, Embassy Suites by Hilton Monterey Bay Seaside Stefan Lorch, Treasurer, Monterey Marriott
Fady Hanna, Secretary, Lighthouse Lodge
Directors Mary Adams, Monterey County Board of Supervisors Sylvain Briens, The Sanctuary Beach Resort
Janine Chicourrat, Portola Hotel & Spa at Monterey Bay
Kimbley Craig, City of Salinas
Kevin Ellis, Hyatt Regency Monterey Hotel & Spa
Kirk Gafill, Nepenthe/Phoenix Corporation
Amy Herzog, Visit Carmel
Donna Langley, Pebble Beach Resorts
Ed Smith, City of Monterey
Chris Sommers, Monterey Plaza Hotel & Spa
Barry Toepke, WeatherTech Raceway Laguna Seca
John Turner, InterContinental The Clement Monterey
Erik Uppman, Cannery Row Company
Advisors Dana Allen-Greil, Monterey Bay Aquarium
Jacquie Atchison, Arts Council for Monterey County
Carol Chorbajian, Monterey County Hospitality Association Norm Groot, Monterey County Farm Bureau
Tonya Hufford, Monterey Conference Center
Michael La Pier, Monterey Regional Airport
Mike LeBarre, City of King City
David Lurie, Carmel Mission Inn
Paula Joy MacNab, Monterey County Film Commission
Sean Panchal, Presidents Inn
Erin Sollecito, Monterey Touring Vehicles
Kim Stemler, Monterey County Vintners & Growers Association Hans Uslar, City of Monterey
Anna Velazquez, City of Soledad
Matt Mogensen, City of Marina

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 8, Packet Page 15 2023-24 BUSINESS PLAN 5

COMMITTEES
See Monterey operates with the guidance of several committees designed with a focus on a specific area of strategic importance for the direction of the organization.

EXECUTIVE COMMITTEE
Chair, Amrish Patel
Supports and evaluates the President & CEO,
vets confidential issues and acts on behalf
of the full Board of Directors in case of an
emergency.

FINANCE COMMITTEE
Chair, Stefan Lorch
Advises the Board on financial matters and
policies.

MARKETING COMMITTEE
Chair, Erik Uppman
Provides strategic input, advice and
collaboration on marketing communications
plans and activities.

SALES COMMITTEE
Chair, Janine Chicourrat
Actively participates in the development,
planning and evaluation of group sales and
service programs.

COMMUNITY RELATIONS COMMITTEE
Chair, Norm Groot
Raises awareness of the benefits derived from
Monterey County’s hospitality industry among
partner jurisdictions, business associations
and community groups.

COMPENSATION COMMITTEE
Chair, Bina Patel
Reviews compensation structure and benefit
programs.

BOARD DEVELOPMENT COMMITTEE
Chair, Teri Owens
Solicits and reviews board position
applications and makes candidate
recommendations to fill vacancies.

MCTID OVERSIGHT COMMITTEE
Chair, John Turner
Comprised of hotel representatives from
within the Monterey County Tourism
Improvement District (MCTID) boundaries,
completely oversees MCTID budget and
program development and monitoring.

Visit SeeMonterey.com/Members/Board to learn more about the Board of Directors and Committees including meeting dates, agendas and minutes

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 9, Packet Page 16 6 OUR WAY
VISION
A thriving tourism economy that enriches Monterey
County’s economic vitality and quality of life.

Guiding Principles
Promotion of Monterey County as a destination and See
Monterey’s efforts to strengthen the tourism and hospitality industry must:
• Promote an inspiring, memorable, and lifeenriching visitor experience. • Enhance the community’s quality of life by
increasing economic vitality throughout the
county.
• Consistently engage the community
to grow awareness and appreciation of
tourism, gain resident input, and maintain
productive collaboration with local
governments.
• Encourage collaboration with our
community partners to create a shared
vision for sustainable growth in the region.
• Educate and inform locals and visitors
to ensure that our natural resources and
environment are used responsibly.
• Support an environment that is welcoming
to all and respects our unique history, land,
and culture.
• Ensure fiscal responsibility in driving
results for our investing members and
partners.

MISSION
To generate community prosperity for Monterey County
through the responsible promotion and growth of the tourism economy.

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 10, Packet Page 17 2023-24 BUSINESS PLAN 7
VALUES
Connectivity
Collaboration
Agility
Accountability
Inclusivity
Sustainability

DIVERSITY,

EQUITY AND

INCLUSION

COMMITMENT
See Monterey is
committed to ensuring
that all members of
the organization feel
welcome and have an
equal opportunity to
connect, belong, and
grow.

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 11, Packet Page 18 8 Strategic Plan Update: Finding Our Way Here
What a difference a
year can make.

Last year’s Business Plan
introduced the Long Term
Strategic Plan, meant to guide
the destination and tourism
economy into the future. Much
work has been done to put that
strategy into action, including
an organizational name change.

Now, See Monterey’s Long Term
Strategic Plan is in its second
year and while the work is far from
over, there have been a number
of accomplishments that map
back directly to the Strategic
Imperatives, and many more in
the works.

Contribute to the longterm viability of the
tourism economy
• Secure destination
marketing partnerships
with South County cities
– welcome King City and
Soledad
• Spread the love and
benefits of tourism
Countywide – new
video and photography
featuring 27 destinations
and businesses from
north to south, coast to
valley
Generate the ideal
visitation for our
destination
• Revisit, refine and
relaunch the Monterey
County Brand – See
Monterey has a new
name, a new look and a
new promise to visitors:

No matter where
your path takes you
throughout Monterey
County, one thing is for
sure: inspiration is ahead
• Expand research
capabilities to measure
visitation patterns,
better target key
audiences and evaluate
tourism impact – the
biannual Marketing
Impact Study focuses
on broader destination
ROI; Phase I of a
Visitor Profile Study
provides key insights;
implementing new
planning and reporting
dashboards will guide
2023-24 Filming Locations decision making

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 12, Packet Page 19 2023-24 BUSINESS PLAN 9
Ensure long term
organizational financial
sustainability
• Renew Monterey County
Tourism Improvement
District at higher level
– SUCCESS! More on
what we will do with
increased investment in
this plan
• Conduct Financial
Management
assessment
Cultivate a strong
organizational culture
for the team and Board
• Evolutionize leadership
culture and team
performance and
development approach
– Board of Directors
retreat to review and
revise future path
forward
Enhance community
and member
engagement
• Launch a campaign to
better communicate
the positive impact of
tourism for residents
and decision makers
– expand upon
Community Relations
campaign to include
Community Workshops,
Input Sessions and
Community Influencers
• Communicate the
organization’s
programs that promote
sustainable/responsible
travel – relaunch
‘Sustainable Moments’
as ‘The Right Path’
and introduce to the
community; build
engagement with the
community to make the
program of educating
travelers and residents
stronger and more
effective
• Launch Community
Relations Committee
composed of a broad
mix of community
influencers – thank
you to our committee
members for your insight
and guidance
• Grow See Monterey
memberships – the
community is stronger
together, and enhanced
benefits and reporting
will provide more
value for this FREE
membership
Over the years, periodic checkpoints will
ensure the organization stays on track and
that the Strategic Plan still meets the needs
of the destination and community over time.

A formal update is planned to begin in
January 2024, to be published in the 2024-
25 Business Plan.

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 13, Packet Page 20 10 TRANSFORMATION:

SEE MONTEREY
It started with a singular, compelling idea – the ONE thing people need to know about Monterey County. Its not just the natural beauty, wide range of accommodations, coastal cuisine or world-class events. Its all of it. It’s all here, and it’s all connected.

Naturally Connected
This is the foundation the new See Monterey brand is built upon. The idea that Monterey County is not just one thing – it’s several communities that offer a vast mosaic of experiences, each complementing the other (and in close proximity). The majestic and epic scenery – from coast to redwood forest to verdant valley makes people feel more connected to nature and promotes well-being. But connectivity in Monterey County is much more life-enriching. It has the unique assortment of experiential ingredients that inspires people to connect (or reconnect) with friends, family, and loved ones – even connect with themselves.

After more than a decade of challenging people to “Grab Life by the Moments” it was time to refresh the Monterey County brand to remain relevant to today’s consumer, be more competitive within the comp set and position the destination for the next decade.

The process started with a robust research plan including in-person and online focus groups, surveys to qualified travel intenders, competitive analysis and industry best practices. Along the way a Rebrand Task Force weighed in on how the work was resonating to make sure the process stayed on the right path. The result is a plan and campaign designed to support See Monterey’s mission of generating community prosperity for Monterey County through the responsible promotion and growth of the tourism economy.

Challenges
Address the lack of
awareness of Monterey
County (the brand) and its
distinctive parts; give life to
each community under the
brand umbrella
Build awareness,
familiarity, and intent to
visit beyond traditional
drive and short-haul flight
markets
Unify the community and
stakeholders and give
them something to rally
behind

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 14, Packet Page 21 2023-24 BUSINESS PLAN 11
Monterey is made up of endless paths…and each
one takes you to something incredible. These
paths tie all of Monterey together, creating one
big, epic journey. They connect you to your next
destination and your next adventure—but also to
the people around you. The question is: which way
will you go? No matter what path you take, it’s sure
to lead to inspiration.

The rebrand process provided
the opportunity to reevaluate how
the organization is represented
in the community. The connected
letters of the logo represent the
connectedness of the County and
the communities that make it an
exceptional place to visit and live.

FI N D YOU R W AY H ER ETM
Naturally Connected
Peaceful, Welcoming, Inspiring, Natural, Authentic
World renowned
aquarium
Legendary golf
courses and
events
Stunning
scenery, pristine
coastline
Temperate
climate
Agricultural
jewel/Salinas
Valley
How do we protect
the environment?
Eco to Lux
Lodging
Wide range of
accommodations
from legendary
resorts with worldclass wellness spas
and amenities to
family and ecofriendly hotels,
camping/glamping.

How do we leave a
place better than
we found it?
Coastal
Cuisine
Verdant farmlands
and sea supply fresh,
local seafood and
produce.

Abundant vineyards,
top notch wineries,
and local breweries
with plenty to sip and
savor.

How does
sustainability
impact our food and
wine?
World-class
Events
Car week and
Concours
D’elegance, AT&T
Pebble Beach Pro
Am, U.S. Women’s
Open, Monterey
Jazz Fest, Big Sur
Food & Wine, Big Sur
Marathon
How do we lighten
our event footprint?
Natural Beauty
and Wildlife
Stunning shoreline
vistas, towering
redwood forests,
marine sanctuary,
pristine beaches
and dunes, miles
of scenic hiking,
walking and biking
trails.

Key message
pillars
Sustainability
Personality
Foundational
Equities

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 15, Packet Page 22 12 FY2023-24

BUDGET SNAPSHOT
For many years, Monterey County has operated as a first-class destination with a secondclass budget. In the last fiscal year, the hotel community stepped up to change that. The new Monterey County Tourism Improvement District plan went into effect and together with the jurisdiction investment communities it allows Monterey County to compete at a much higher level. The new budget will enable See Monterey’s marketing and sales programs to reach into further markets to attract travelers who will stay longer, spend more and drive greater economic vitality and quality of life for communities and residents. *The City of Monterey is projected to invest an estimated $2.15 million, less $350,000 for the repayment of the Monterey Conference Center renovation.

Revenue
Jurisdiction Investment*
County of Monterey 1,775,580
City of Monterey 1,800,000*
City of Carmel-by-the-Sea 204,030
City of Pacific Grove 151,892
City of Seaside 102,732
City of Salinas 100,946
City of Marina 110,000
City of King City 15,750
City of Soledad 4,590
Subtotal Jurisdiction Investment $4,265,520
Monterey County Tourism Improvement District
Monterey County 2,252,270
City of Monterey 3,294,107
City of Carmel-by-the-Sea 491,640
City of Pacific Grove 338,331
City of Seaside 374,304
City of Salinas 281,025
City of Marina 245,134
Subtotal MCTID $7,276,810
Private Revenue $50,200
Total Revenue $11,592,530
Expense
Group Sales & Services
Business Development Programs 99,705
Group Business Development
Events 1,170,051
Leisure Business Development
Events 342,040
Meeting Incentives 100,000
Group Marketing 850,300
Operations & Talent 1,692,707
Total Group Sales & Services $4,254,804
Marketing Communications
Leisure Marketing 2,404,590
International Marketing 145,000
Luxury Marketing 235,000
Public Relations 321,000
Agency Fees 608,000
Operations & Talent 1,665,651
Total Marketing Communications $5,379,241
Community Relations $532,889
Administration $1,502,268
Total Expenses $11,669,201

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 16, Packet Page 23 2023-24 BUSINESS PLAN 13
Situation Analysis
Using hotels as a bellwether for overall travel, 2023 will see the return of occupancy back to pre-pandemic levels. Looking ahead to 2024, there are positive signs of continued growth in the travel industry. While this is at a slightly moderated pace compared to the initial pandemic-era surges of the last few years, forecasts anticipate a steady expansion trajectory through 2026.

From U.S. Travel’s June Forecast:
• There will be a return to more normalized growth for domestic leisure travel, which will remain resilient despite some headwinds
• Expect to see rapid 2023 growth in domestic business travel with a slight slowdown toward the end of the year and into 2024 due to a still-expected mild recession - full recovery in terms of volume has been pushed to 2025
• The U.S. will receive a boost in international visitations, with international inbound travel expected to experience the strongest growth of any segment (though still far behind) The road ahead requires adaptability, foresight and collaboration. See Monterey’s plans and strategies are built on the best information available at the time but remain flexible to adapt to changing circumstances.

Current U.S. hotel forecasts for 2024 anticipate demand to be 3% higher than the current year, with average daily rates 3.1% higher, for a year-over-year increase in RevPAR of 4.6%.

Tourism Economics’ mid-year forecast update anticipated growth will slow but demand will continue to increase given the return of group business and international travel.

Although the current year’s ADR is expected to be 17% higher than 2019, real ADR, which adjusts for inflation, is expected to be 2% lower than 2019.

Given 2023 will see the return of occupancy back to pre-pandemic levels, the current forecast from STR and Tourism Economics for 2024 anticipates 3% more demand than 2019 and average daily rates 21% higher, resulting in RevPAR 19% higher than 2019. 19 20 21 22 23 24 25
100
Occupancy Index
Index (2019=100)
64 88 98 100 103 106
19 20 21 22 23 24 25
100
ADR Index
Index (2019=100)
78 95 113 117 121 125
19 20 21 22 23 24 25
100
RevPar Index
Index (2019=100)
52 83 108 113 119 124
Note: RevPar reflects standard methodology. Source: STR; Tourism Economics National Outlook: U.S. Hotel Forecast

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 17, Packet Page 24 14 National Outlook: U.S. Travel Spending Forecast
Domestic leisure travel is expected to remain strong, but with leveled out rates of growth in 2023 and 2024. Volume is expected to grow faster year-over-year than inflation-adjusted spending in 2024 and beyond.

Both volume and spending on domestic business travel is expected to grow, but will still be in recovery mode, largely due to current economic conditions. While double-digit growth is anticipated in 2023, it is expected that growth in inflation-adjusted spending will be slower than volume in 2024 and beyond.

International inbound travel forecasts were upgraded due to increased demand and stronger expectations of market return. Year-over-year, inbound travel volume is projected to grow 31% in 2023 and 18% in 2024, while inflation-adjusted spending is projected to grow 34% in 2023 and 19% in 2024.

Actual* Forecast*
2019 2020 2021 2022 2023 2024 2025 2026
Total Travel Spending $1.17 T $722 B $909 B $1.02 T $1.09 T $1.15 T $1.18 T $1.20 T Leisure $867 B $622 B $787 B $799 B $839 B $878 B $897 B $921 B Business $306 B $101 B $122 B $219 B $254 B $269 B $278 B $282B Domestic $992 B $682 B $868 B $918B $960 B $989 B $1.01 T $1.02 T Leisure $722 B $589 B $753 B $718 B $731 B $749 B $759 B $765 B Business $270 B $93 B $115 B $201 B $229 B $239 B $248 b $252 B Transient $157 B $63 B $81 B $122 B $134 B $140 B $146 B $148 B Group $113 B $30 B $34 B $79 B $94 B $99 B $103 B $104 B International $181 B $41 B $41 B $99 B $133 B $158 B $168 B $185 B Leisure $145 B $33 B $34 B $81 B $107 B $129 B $139 B $156 B Business $36 B $8 B $7 B $18 B $25 B $29 B $29 b $30 B
Transient $22 B $5 B $5 B $13 B $16 B $18 B $18 B $18 B Group $14 B $3 B $2 B $6 B $9 B $11 B $11 B $11 B
*Spending dollars adjusted for inflation

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 18, Packet Page 25 2023-24 BUSINESS PLAN 15
California Outlook: Visitor Volume & Spending
The U.S. Travel Association and Tourism Economics estimate that travel spending in California in 2023 has been 10% higher than in 2022, more than double the national average of 4.7%. However, the state still lags 2019 spending by 4% when the U.S. average year-to-date is 3.7% higher than pre-pandemic.

Visit California’s 2023 forecast for domestic spending in the state is anticipated to be 12% higher than 2019, with business spending 3% above pre-pandemic levels. For 2024, the forecast anticipates domestic leisure spending to be 4% higher than 2023 (20% higher than 2019) and domestic business travel to be 10% higher than the current year (13% higher than 2019).
19 20 21 22 23 24 25 26 27
Total California visitor volume (millions)
Percent value relative to 2019
100% 49% 75% 91% 97% 102% 106% 109% 112%
22 23 24 25 26 27
California domestic spending forecast
Indexed to 2019
101 105 87 112 116 103 119 120 113 125 126 120 130 131 126 134 135 131 19 20 21 22 23 24 25 26 27
Total visitor spending in California
Percent value relative to 2019
Total spending, nominal Total spending, real
131
103
100
47 47
70 67
93 83
107
92 115
97 121
100
126
102
Sources: STR, Visit California, Tourism Economics
Total domestic: $131.3 B
Leisure: $102.0 B
Business: $29.2 B

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 19, Packet Page 26 16 California Outlook: Statewide Room Demand Forecast
As part of the Central Coast region (included in the “Other Regions” section of the below chart), Monterey County is expected to see steady year-over-year growth over the next two years.
19 20 21 22 23 24 25
Room Demand
California
Gateway regions
All other regions
450K
400K
350K
300K
250K
200K
150K
100K
50K
0 Room Demand 2019 2020 2021 2022 2023 2024 2025
California 407,203 250,111 328,241 377,304 402,573 426,050 437,218 Gateway Regions 278,551 150,622 202,253 249,966 272,300 289,975 296,767 All Other Regions 128,813 100,517 126,780 127,383 130,273 136,075 140,451

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 20, Packet Page 27 2023-24 BUSINESS PLAN 17
California Outlook: International Spending Forecast
Visit California’s international forecast for 2024 anticipates spending above pre-pandemic levels for the first time with international leisure spending 3% above 2019. International business spending is anticipated to have a dramatic uptick with a 42% year-over-year increase. However, this is still expected to be 5% below 2019. The challenge for California is largely China. China travel to California remains at only 37% of 2019, and although it is projected to double in 2024 that still leaves it at only 76% compared to 2019.

The return of international spending to pre-pandemic levels overall points to air service being restored from most of the state’s most important markets. Of the state’s 14 largest international markets, visitor spending in 2024 is expected to be at or above 2019 level in 10 of those markets.
22 23 24 25 26 27
60 72 32 86 100 53 101 103 95 108 108 108 113 113 113 117 117 117 Sources: Visit California, Tourism Economics
Total International
International Leisure
International Business $24.2 B Total International
$19.8 B International Leisure
$4.48 B International Business
2023 Spending Forecast

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 21, Packet Page 28 18 Monterey County Outlook: Hotel Forecast
Forecasts for Monterey are more modest than the U.S. overall as well as California given anticipated underperformance in the coming years in Retail Sales, Population Growth and Consumer Price Index. It is anticipated that ADR will continue to increase over the next four years with only seasonal dips. Lodging Analytics Research & Consulting (LARC) forecasts that by 2027, ADR will be 44% higher than in 2019. With slower demand recovery but strong ADR, RevPAR for 2024 is forecasted to be 19% higher than 2019. However, demand is not anticipated to recover to pre-COVID levels until after 2027. 21 22 23 24 25 26 27
Percent change against 2019 Demand Occupancy ADR RevPar 50%
40%
30%
20%
10%
0 -10%
-20%
-13%
-6% -8% -7% -7% -7% -5%
-12%
-4%
-6% -6% -6% -7% -8%
13%
26% 24%
27%
32%
37%
44%
0%
20%
16%
19%
23%
27%
32%
Sources: Lodging Analytics Research & Consulting &Costar

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 22, Packet Page 29 2023-24 BUSINESS PLAN 19
Meetings & Events Outlook
The 2023 Global Meetings and Events Forecast from American Express shows that in-person meetings are happening “more rapidly and in greater volume than expected; however, the numbers are expected to stabilize for 2024.” But the meetings and events segment is recovering much more slowly than leisure travel, with the U.S. Travel Association and Simpleview reporting that current DMO group room nights on the books for 2024 remain more than 20% below the same period in 2019.

Northstar Meetings Group and Cvent’s Meetings Industry PULSE Survey in June 2023 showed that event inventory continued to be limited as events postponed for COVID are still in the pipeline. A quarter of planners report events postponed due to the pandemic are yet to be produced.
23 Q1 23 Q2 23 Q3 23 Q4 24 Q1 24 Q2 24 Q3 24 Q4
DMO room nights on the books
Pace for future dates vs. same period in 2019
As of date April 2023 July 2023
0%
-10%
-20%
-30%
-13% -12% -16% -12% -25% -18% -19% -14% -21% -21% -21% -21% -29% -27% -21% -19% Sources: Simpleview & U.S. Travel Association

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 23, Packet Page 30 20 SENTIMENTS, TRENDS AND OPPORTUNITIES
Generational Travel
When Millennials
overtook Boomers as
the largest generation,
most marketers turned
their attention to this key
audience. Millennials,
and now Gen Z, have
become the “must have”
audience for destinations.

While the Millennial
audience is important,
Boomers represent a key
opportunity for travel.

This audience has built
wealth and has extensive
savings. As they are
retiring, they also have
the time to travel, and
travel at non-peak times.

AI Adoption
Artificial intelligence
system ChatGPT reached
one million users in just
five days. Skift Research
anticipates four primary
uses in the travel
industry: technology
development, customer
support, reputation
management and
advertising optimization.

Although 81% of travel
industry professionals
believe the integration
of AI technology will
benefit their organization,
adoption is slow, with
just 19% prioritizing
development and launch
of these tools. There
are concerns about
the reliability of these
tools with reports of
platforms “hallucinating”
information.

Budget
Despite declining
inflation rates, domestic
consumers remain
concerned about the price
of travel. In Destination
Analysts’ 2023 State of
the American Traveler,
more travelers now say it
is a bad time to spend on
leisure travel (36%) than
a good time (29%).

Lower travel budgets
have seen day trips rise
at a higher rate than
overnight trips. 45%
of domestic travelers
report taking an overnight
leisure trip in the last
month, compared to 54%
taking day trips.

While domestic
consumers are changing
behavior based on
financial conditions, there
remains excitement to
travel. More than 8 in
10 U.S. consumers say
they are excited about
leisure travel in the next 12
months.

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 24, Packet Page 31 2023-24 BUSINESS PLAN 21
Culinary
Travel
In the 2023 State of the
American Traveler from
Destination Analysts,
food and cuisine is the
passion or hobby with
the highest interest,
with 54% of domestic
consumers who have
“extremely high interest”
or “high interest” in the
product. This aligns with
dining as the top trip
activity in the Monterey
Visitor Profile across all
segments.

Travel and
Sustainability
Research out of
Australia (University of
Queensland) has shown
that “even people with
high pro-environment
values forgive themselves
for not behaving
in environmentally
sustainable ways when
on vacation.” The result
is that efforts to educate
travelers and tell them
about the impact of their
decisions often doesn’t
influence their travel
behavior. The same
research has shown
that the key is to alter
infrastructure and design
programs that make it
easy for consumers to
behave in sustainable
ways. By implementing
the right changes,
hospitality businesses
can be more sustainable,
save money and
maintain high customer
satisfaction.

Meeting Attendance
Returns
In the 2023 State of
the Meetings Industry,
Knowland reports that
attendees have returned
to meetings and events,
with events generating
80% or more of 2019
levels. With the return
of attendees, planners
are turning to larger
event spaces. There is
a concern of staffing
shortages impacting
the service at meeting
venues. Event organizers
say their biggest
obstacle to the return
of pre-COVID meeting
attendance is the
increased cost of planning
and executing events.

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 25, Packet Page 32 22 THE PLAN
Last fiscal year was fueled by
the launch of the Long Term
Strategic Plan. Capitalizing
on that momentum, this year
is focused on a new brand
vision. Putting the new brand
and accompanying strategies
and tactics into place will be
the foundation of this year’s
plans. It’s a new path to chart, a
new adventure to explore – the
opportunity to find our way here.

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 26, Packet Page 33 2023-24 BUSINESS PLAN 23
Marketing Communications
Strategic Priorities

1. Build Leisure and Group Travel
in Drive and Short-haul Markets;
Extend Reach in Long-haul
Markets
• Develop integrated campaigns to drive
engagement and repeat visitation with
those who are more destination aware
• Grow awareness in long-haul markets

2. Extend Visitor Stay and Spend
• Focus on high-value travel – visitors
that stay longer and spend more
• Drive visitation when needed most –
off-season, mid-week
• Encourage visitors to stay one more
night

3. Grow Awareness to Drive Group
Business
• Target corporate and association
meeting planners in direct flight
markets and expand reach in
Southwest, Midwest and East Coast

4. Extend International and Luxury
Marketing Reach
• Boost global visibility within the
competitive set
• Increase spending in media & PR
programs to support business

5. Maintain Sustainable Messaging
• Develop and launch The Right Path
concept and creative campaign
• Continue to infuse aspects of
sustainable and responsible travel into
all programming

6. Implement DEIA Framework to
Establish Diverse Programming
• Create programs that include diverse
narratives audiences
Tactical Considerations
• Develop integrated campaigns across
Paid, Owned, Earned and Shared channels
to maximize reach and efficiencies
• Place compelling story angles that touch
each jurisdiction and proactively outreach
to high-value media targets
• Maintain an email marketing list
segmentation and nurturing strategy to
keep audiences engaged
• Bring the Monterey County brand new life
with an updated social strategy, voice and
tone that is more authentic and charming,
along with real-time photos and short-form
videos
• Amplify member programs and activities
via owned channels and Inside Monterey
content series
• Support Virtual Visitor Center and See
Monterey App through digital channels,
paid support and community outreach

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 27, Packet Page 34 24 Goals and KPIs
See Monterey’s overarching
Marketing Communications goal
is set on increasing Intent to Visit
and measuring trips generated by
advertising, content and public
relations programs. In addition to
using a number of KPIs to track
performance, new methodologies
tested last fiscal year will be
implemented to increase the ability
to determine ROI and overall
value for the destination based on
marketing programs.
*See Monterey’s Marketing Impact Study
indicates the ability of marketing and
communications programs to influence
travelers’ intent to visit the destination,
as measured by third-party research
company Strategic Marketing and
Research Insights (SMARI).

Campaign Overview
Goal
Intent to Visit 4.3*
Key Performance Indicators
Total Web Visitation 1.4 million
MeetInMonterey.com Web Visitation 121,500
Social + Email Engagement 1.9 million
Partner Site Conversions
(clicks from SeeMonterey.com directly to
a member’s website)
175,000
Top Level Group Conversions
(RFP submissions, clicks to call or clicks
to email from MeetInMonterey.com)
135
Coverage in Top 100 Outlets 60 articles
Earned Media Impressions 451.6 million
Average Media Quality Score 14/20
Virtual Visitor Center & See Monterey
App Users 20,400
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Brand Launch
Fall Campaign Spring Campaign
Responsible Travel
See Monterey App & Virtual Visitors Center
Book Direct
International
Luxury
Fly Market
Partnership with
MBA
Culinary
DEIA
Influencer & Media Hosting

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 28, Packet Page 35 2023-24 BUSINESS PLAN 25
Public Relations Strategy
See Monterey’s PR program relies heavily on media hosting, pitching and placing, and ongoing media relations.
• International Media: Create awareness and drive interest for international visitors to the US and California, focusing on specific programming
• National Media: Focus all proactive activities on Top 100 Outlets list to create awareness of Monterey County’s outdoor, luxury, culinary and family-friendly offerings with key audiences and emphasize the importance of responsible travel • Fly and Drive Market Media: Paired with national effort to drive extended trip lengths with those who are already familiar with Monterey County
• Groups & Meetings Media: Create awareness and drive meeting and convention bookings in Monterey County
• Local Media: Create awareness of the multifaceted economic benefits tourism brings to Monterey County and position See Monterey as the authority on the industry Paid Media Strategy
See Monterey’s single biggest investment is in its paid media and advertising programs.

Campaigns are in place to address Leisure, Group and Luxury audiences through proven and targeted tactics. Content and public relations programs complement paid media, creating a multi-layered and integrated approach to reaching visitors.

Leisure Luxury Groups & Meetings
Travel intenders, HHI
$100k+, at least one value:
nature, wellness, culinary,
environmental
Drive, fly and long-haul
markets
Travel intenders 35+ with
HHI $350k+
Drive and fly markets
Corporate meeting
planners, association
meeting planners, key
decision makers
Drive and fly markets,
Chicago, Washington D.C.,
New York City

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 29, Packet Page 36 26 Major Initiatives
See Monterey + Monterey Bay Aquarium Partnership
This year will mark the launch of a first-of-its-kind partnership between See Monterey and the Monterey Bay Aquarium. Equal buy in from each partner will support a cobranded campaign in Dallas, a critical direct flight market, in an effort to leverage the Aquarium’s brand recognition and See Monterey’s destination messaging.

The Right Path
An overhaul of Sustainable Moments that will build on the previous programs success and move See Monterey forward as a leader in sustainable and responsible travel. The Right Path is forked – a two-prong approach to communicating with visitors coming to the destination, and the businesses and community members within the destination.

Website Redesign and Digital Update
See Monterey will completely reimagine its digital presence this year – from rebuilding the website to make it more user friendly and accessible, to bringing in a new social media agency to support strategy and help to develop a new voice that best communicates the brand.

Culinary
The culinary renaissance of Monterey County
has garnered national acclaim, highlighted by
its notable presence in the 2023 MICHELIN
Guide California. The primary goal is to harness
this culinary momentum and raise awareness
of Monterey County as a world-class culinary
destination. Integrated public relations, paid
marketing initiatives and group tactics aim to
captivate leisure and business travelers alike.

Because when you can get that one perfect
reservation, it’s worth staying one more night.

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 30, Packet Page 37 2023-24 BUSINESS PLAN 27
Large Meetings & Conferences
In addition to the partnership with the City of
Monterey and the Monterey Conference Center,
See Monterey is targeting large conference
business (300+ peak) for the entire destination
with specific staff alignment and marketing
to attract these highly lucrative business
opportunities.

Luxury
With the implementation of
the Luxury tier within the TID
there will be an increased
focus on luxury travelers.

See Monterey advertising
will continue to support
all hotel tiers, but specific
initiatives will be designed
to attract a high-spending
audience.

Visitor Profile Study
See Monterey is taking significant strides to enhance its understanding of Monterey County visitors and their preferences by leveraging technology-enabled intercepts to elevate its research efforts across the destination. The new study will be live in more than 75 locations displaying QR codes. The technology-enabled intercepts are expected to double the number of participants, allowing for a more robust, data-driven and real-time analysis of visitor behaviors and preferences.

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 31, Packet Page 38 28 Content Calendar Jul – Dec
FY2023-24
July August September

KEY MESSAGING
Wildfire prevention; National,
state and county parks; Craft beer
scene; Digital detox, camping

KEY DATES
• National Parks & Recreation
Month
• 4th of July
• U.S. Women’s Open 7/6 - 7/9
• Monterey Beer Festival 7/8
• Superbike Speedfest 7/7 - 7/9
• Carmel Bach Festival 7/15 - 7/29
• Classic MotoFest 7/14 - 7/16
• California Rodeo Salinas 7/20-
7/23

MEETINGS KEY DATES &

MESSAGING
• Staycation in Monterey

KEY MESSAGING
Monterey Car Week; Sand City
arts & culture walks; galleries;
Bounty of the Salinas Valley

KEY DATES
• Salinas Valley Food & Wine
Festival 8/5
• Monterey Car Week 8/11-8/20
• Monterey Pre-Reunion 8/12-8/13
• National Dog Day 8/26
• Sand City West End Celebration
8/26-8/27
• National Beach Day 8/30

MEETINGS KEY DATES &

MESSAGING
• Smart Meetings, New York

KEY MESSAGING
History of jazz and weekly live
music; Wine trails; Winter surf;
Fall harvest; Second summer/
warm weather

KEY DATES
• California Wine Month
• California Surf Month
• Labor Day 9/5
• Hispanic Heritage Month 9/15-
10/15
• Monterey County Fair 8/31-9/4
• Grand Prix (Indycar) 9/8-9/10
• Fall Equinox 9/23
• Monterey Greek Festival 9/23-
9/25
• Monterey Jazz Festival 9/22-
9/24

MEETINGS KEY DATES &

MESSAGING
• Destination California
October November December

KEY MESSAGING
Agriculture and farm worker
appreciation; Fall activities;
Spooky destinations; Monarch
Butterflies; Cozy Coastal Escapes

KEY DATES
• California Farmers Month
• Global Diversity Month
• Museums and Gallery Month
• LGBTQ+ History Month
• Rebels & Renegades 10/06-
10/08
• Indigenous Peoples Day 10/09
• Halloween

MEETINGS KEY DATES &

MESSAGING
• IMEX Oct. 17-19, Las Vegas
• What’s New Fall 2023

KEY MESSAGING
Winter wildlife viewing and safety;
Monarch butterflies; Support local
small businesses; Culinary, staple
restaurants

KEY DATES
• Native American Heritage Month
• Big Sur Food & Wine Festival
11/3-11/5
• Monterey Bay Half Marathon
11/11-11/13
• Thanksgiving
• Black Friday
• Small Business Saturday

KEY MESSAGING
Winter events; Holiday gift guide;
What’s new in 2024

KEY DATES
• Christmas at the Inns 11/30-12/1
• Winter Solstice 12/21
• Christmas Day
• First Night Monterey/NYE

MEETINGS KEY DATES &

MESSAGING
• CalSAE Seasonal Spectacular
• Holiday Galas
For the full year calendar, visit SeeMonterey.com/members/tools

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 32, Packet Page 39 2023-24 BUSINESS PLAN 29
Make the Most of Your
See Monterey Membership
See Monterey’s marketing and communications programs
are content-driven, communicating the destination through unique angles to different audiences.

See Monterey membership is FREE and includes access
to a variety of marketing programs.
• Paid advertising co-ops to maximize marketing
budgets with See Monterey’s investment
• Guest blog posts about business, local hidden
gems, or other things travelers should know
• Alignment of social content with See Monterey’s
content calendar
• Content requests for ideas to be included in blogs,
social media, press releases and media pitching
• Tagging @SeeMonterey in your social media posts
for amplification

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 33, Packet Page 40 30 ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 34, Packet Page 41 2023-24 BUSINESS PLAN 31
Strategic Priorities

1. Elevated and Robust Meeting Planner Engagements
• Solicit compression causing group events
• Target high-value groups and meetings from existing and new feeder markets • Prioritize new business and need periods

2. Prioritize Need Periods and New Business
• Evolve the “All In” group incentive to strategically place short-term need period business into mid-week patterns and secure future years base business

3. Extend the Stay
• Focus on higher value international travelers who will stay longer & spend more • “Bleisure” - encourage conference attendees to stay one more night

4. Elevate Customer Buying Experience
• Implement destination wide site tour experience training • Develop and activate sales strategy for MCC

5. Leverage Sustainability
• Develop and launch The Right Path concept and creative campaign • Increase client services offerings to support meeting planners looking for sustainability opportunities in Meetings and destination activities that encourage extended stays Business Development
Tactical Considerations
• Activate a site tour experience training to
elevate the Monterey brand
• Continue meetings incentive to secure offpeak and mid-week time periods • Secure key industry events to host inmarket to educate and grow consideration with meeting planners to book Monterey
• Engage international representation (UK,
Mexico and/or Canada) to extend our
reach
• Create tools and processes that promote
conference attendees to extend their stays
• Promote our stakeholder’s sustainability in
meetings attribute to meeting planners

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 35, Packet Page 42 32 Goals and KPIs
The Business Development team
will focus on driving high value
compression causing group
business for hotels and hospitality
businesses, as well as stay
focused on core business that
is 10 -100 room nights on peak.

While leads and conversion rates
remain paramount, other metrics
are tracked and communicated
with group-focused hotels. This
collaborative effort enhances
our ability to attract and secure
business throughout the entire
destination.

Goals have been set as
conservatively optimistic given the
existing competitive landscape and
economic forecasts.

Goals
700 Leads
(+8% YOY)
Goal is for group business leads;
a group is 10 rooms or more in
the Corporate, Association and
Incentive group market segments
23% Conversion
(+18% YOY)
Conversion of group business
leads that convert to definite
business has historically been
28-31%
Key Performance Indicators
80% New
Business Leads
New group leads to the destination
or groups that have not been to
Monterey County for over 3 years
200 Partner
Referrals
Referrals are non-guest room
business opportunities that
generate additional visitor spending
and revenue opportunities for local
businesses
100 MCC
Leads
Group business leads sent to the
Monterey Conference Center
(MCC)
2,300
Tour & Travel
Engagements
Tour and Travel/non-group client
interactions that produce business
referrals, tour operator product
buys, and grow travel agent product
knowledge

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 36, Packet Page 43 2023-24 BUSINESS PLAN 33
Monterey Conference Center
Monterey Conference Center is the largest conference facility in the City of Monterey. In order to maximize its impact on creating compression for the destination, See Monterey will assist with creating awareness and getting business opportunities into the pipeline for City of Monterey hotels by:
• Hiring a Conference Sales Manager to assist with pull-through of large compression causing business to the City of Monterey
• Rebranding the Monterey Conference Connection to create awareness of larger group capacity
• Creating sales processes that will elevate the customer buying experience Business Development Segments and Focuses
Group Business Development:

Focused efforts on driving meetings/groups
with high value vertical market segments into
need-time shoulder months and mid-week
patterns.

Tour & Travel:

Engage International Trade Representation
company to increase awareness with
International Tour Operators/Sellers to add
Monterey hotel product. Continued focus
on the Golf, Luxury, Family and Adventure
Travelers with direct selling to agents and
operators.

Strategic Partnerships:

Continue to leverage third-party and
business meetings industry with strategic
partnerships that extend reach with direct
sales engagements and drive new business
leads to market.

Client Services:

Expand Client Services team and services
with trending business meeting solutions that
differentiate our services and increase client
satisfaction.

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 37, Packet Page 44 34 Business Development Events by Region
The Business Development team’s sales plan includes robust activations to drive more qualified leads to Monterey County group hotels including in-person activities, events and tradeshows that target groups from direct flight destinations and viable group markets.

The plan is a living document and fluctuates based on a number of factors ranging from marketing conditions to partner participation levels. BDEs will travel with hotel partners across the globe to drive valuable travel.

The following is an overview of the regions with planned sales activities:

California Pacific Northwest Southeast x Southwest
East x Midwest Tour & Travel
Business Development Team
Rick Hud – All Segments Midwest/East Coast
Joe Marcy, CMP – California, Corporate & Incentive
Lauren Siring, CMP – California Association, SMERF & Government/NW States/Canada Kayce Boettcher – Southwest/Southeast
David Cater – Tour and Travel, Domestic & International

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 38, Packet Page 45 2023-24 BUSINESS PLAN 35
International Sales & Marketing
The return of international travelers from all source markets is critical to Monterey County.

Historically, international visitors spend 18% more and stay 25% longer than domestic travelers, making a larger impact on the local economy. Continuing to build momentum in international markets through travel trade and marketing communications tactics will be key in securing international travelers as they return to the U.S.

Priority Market Strategy and Key Tactics
Tier I United Kingdom
• Increase investment to engage key producers identified in product audit and strategic media
• Retain Travel Trade and PR representation in the UK
Tier II Canada, Mexico
• Follow Visit California and partner DMO strategies
but customize for our destination. Attend the Visit
California Sales & Media Missions and Virtuoso
partnership activations
Tier III
Asia Pacific (China,
Korea, Japan & India),
Europe (Germany,
France, Scandinavia),
Australia
• Reactive discussions in China and other Asian markets.

Opportunistic approach participating in Brand USA and Visit California co-ops

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 39, Packet Page 46 Community Relations
The primary goal of See Monterey’s Community Relation’s program is to increase community engagement. Collaboration is essential to success. Additionally, driving community awareness among residents and elected officials of the work See Monterey does to drive economic development for the benefit of community quality of life is key.

Relationships with local businesses allow See Monterey to promote goods and services that enhance the visitor experience, allowing businesses to drive revenue and sustain vibrant operations.
36 Strategic Priorities

1. Increase Membership and Member Engagement
• Create new member benefits collateral
• Outreach and partnerships to spread the word
• Engagement through continued member visits, workshops and other events

2. Optimize Digital Visitor Support
• Maintain visitor response times, develop visitor resources as necessary • Further develop app and promote usage
• Collaborate with Monterey Peninsula Chamber to drive digital content

3. Increase Jurisdiction Representation and Reporting
• Regular public comment and meetings
• Reporting and follow-ups
• Host targeted jurisdiction listening sessions/forums

4. Promote Sustainable and Responsible Tourism
• Collaborate with community partners and associations
• Attend discussions and workshops

5. Increase Community Sentiment Towards Hospitality and Tourism • See Monterey Open House to welcome community and industry • Develop material to tell story of community benefit in collaboration with Monterey County Hospitality Association
• Use public forums to reinforce See Monterey’s mission and vision

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 40, Packet Page 47 2023-24 BUSINESS PLAN 37
Responsible and Sustainable Tourism
Tourism is the second largest industry in the County and the largest on the Peninsula – driving jobs, tax revenue and the overall economy. While tourism is intended to positively impact the vitality of the community and livelihood of its residents, doing so in a sustainable way guarantees positive outcomes in the long term.

The communities within Monterey County take pride in their collective efforts to put sustainability into practice every day. While the destination continues to shine in innovative practices, See Monterey will continue to highlight and celebrate the work local businesses are doing to encourage visitors and residents alike to stay on The Right Path. From tactical actions like sharing information with visitors on how to take care of trails and working with businesses to include more sustainable business practices, to innovation in working to create a fully regenerative economy, The Right Path initiative aims to address travel sustainability issues today and in the future. Because here, all paths lead to the same place: a way to not just preserve and protect the destination but to leave it better and more economically thriving than before.

Goals & Key Performance Indicators
Members Increase to 1,226 members (+8%)
Member
Engagement Measure participation in hosted events
See Monterey
Representation Measure reporting and speaking engagements Community
Engagement Measure resident sentiment

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 41, Packet Page 48 38 Operations, HR and Administration
The backbone of See Monterey’s success are Human Resources, Operations and, very importantly, Financial Management. These are the team members who help set the compass for the organization’s path and blaze the trail and ensure the culture for the crew is focused, motivating and supplied with the tools needed to succeed.

The transformation the organization started last year will continue into the future. It is guided by this department. In the past year, the team has undergone transformation in terms of valuing a relational over transactional approach, EQ over IQ and context over control. This transformation will continue this year in physical ways such as relocating the office and Board introspection.

Key Areas of Focus
• Board Retreat – In the fall of 2023, the See Monterey Board will go through a process of introspection in order to better guide the organization and its impact on the community • Office Relocation – An office relocation will take place mid fiscal year. In early 2020, the COVID pandemic forced quick action in shrinking See Monterey’s office requirements and the team moved to a much smaller and spartan space – three years later the team has returned nearly to pre-COVID numbers and so has the need for adequate space Finance and Operations:
• Leading financial and destination statistical forecasting and sharing analysis with jurisdiction investment partners
• Completing annual audit and ensuring evolving processes continue to support seamless completion of future audits
• Evolving finance reporting and forecasting to provide more context and real time support to the organization to plan with utmost agility
• Innovating team tools, support systems and environment in ways that inspire creativity, elevate efficiencies and effectiveness, and empower thought leadership Human Resources:
• Evolutionizing team engagement, leadership culture and performance management • Elevating talent acquisition and intentional retention programs and creating the ideal environment that fosters growth transitions
Governance and Administration:
• Providing administrative leadership and support to the Board of Directors and eight Committees in accordance with best practices and in compliance with the Brown Act • Administering and tracking diversity, equity and inclusion programs that demonstrate organizational commitment and progress

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 42, Packet Page 49 2023-24 BUSINESS PLAN 39
2022-2024 ARPA Marketing Programs
Thanks to the Monterey County Board of Supervisors, See Monterey received an infusion of $1.8 million to support tourism recovery programs in the County. These incremental funds have been crucial to reigniting the tourism economy that fuels economic vitality including TOT, jobs and overall quality of life. See Monterey’s ARPA program integrates tourism, agriculture, air service development, sustainability and more, and has already created significant benefit.

At the core of the ARPA strategy is investing in programs that See Monterey wouldn’t be able to accomplish without this augmentation – the program allows expansion on existing strategies and the implementation of new tactics. In FY23-24, See Monterey will use the ARPA program to extend programs and continue to accelerate recovery.

The plan maps back to six pillars and is designed to allow flexibility and evolution as opportunities present themselves.

Pillar Promotion
Countywide Advertising Intensify advertising and PR programs especially in fly and extended markets; focus on the off-season
Wine Country Promotions
(in partnership with
Monterey County Vintners
& Growers Association)
Wine country specific promotion including media content, collateral, sponsorships and event production and MCVGA website redevelopment Agritourism & Heritage
Promotion
Enhance and promote existing programs and product, development of new programs, ag-focused marketing promotion
Meetings & Conferences
and New Events
Increase advertising/PR promotion of existing marquee events, additional tradeshows/client events, create incentive fund to attract groups, meeting and new special events,
Sustainable/Eco Tourism
Boost existing sustainable and responsible travel initiatives, maintain safe/responsible travel promotion, local partnerships to support responsible travel
Air Service Promotion Provide air service promotion/advertising to attract new airlift to MRY, boost promotion on current direct service markets

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 43, Packet Page 50

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 44, Packet Page 51 SE£
�fv1(}JTEREY
See Monterey.com

ATTACHMENT
Council Regular Meeting, 4/16/2024, Item No. 2., Item Page 45, Packet Page 52

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF MONTEREY
Tuesday, April 2, 2024
4:00 PM 7:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST.

MONTEREY, CALIFORNIA
Councilmembers

Present: Barber (arrived at 4:13 p.m.), Garcia, Haffa, Smith, Williamson

Absent: None
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Community Development Director, Police Chief, Parks and Recreation Director, Finance Director, Human Resources Director, Library & Museums Director, Public Works Director, City Clerk, Planning Manager, Lieutenant, Senior Associate Planner, Senior Engineer, Harbormaster, Police Lieutenant, Police Sergeant, Public Works Administrative Services Manager, Senior Engineer, Assistant Human Resources Director, Environmental Regulations Manager, Deputy Public Works Director/City Engineer
***Afternoon Session Agenda ***

CALL TO ORDER
Mayor Williamson called the meeting to order at 4:02 p.m. City Clerk Klein called the roll with Councilmember Barber absent. Mayor Williamson stated that Councilmember Barber was on her way and would arrive shortly.

PRESENTATIONS

1. Recognition of Defense Language Institute Quarterly Joint Service Awards Second Quarter FY24 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)
Action: Recognized Lance Corporal Matthew Bronico (U.S. Marine Corps), Lance Corporal Damarys Flores (U.S. Marine Corps), Staff Sergeant Alexandra Kocurek (U.S.

Air Force), and Detective Sergeant Anthony Rivera (U.S. Army) Mayor Williamson presented proclamations to Lance Corporal Matthew Bronico (U.S. Marine Corps), Lance Corporal Damarys Flores (U.S. Marine Corps), and Staff Sergeant Alexandra Kocurek (U.S. Air Force), who each made brief remarks. Detective Sergeant Anthony Rivera (U.

S. Army) was not present but was recognized. Public comment was not received.

2. Proclamation Declaring April 7th through April 13th National Library Week (Not a project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Proclaimed April 7-13, 2024 National Library Week Councilmember Barber arrived at 4:13 p.m. Mayor Williamson presented the proclamation celebrating the Monterey Public Library. Library & Museums Director Edwards made brief remarks.

Date: 4/16/2024
Item No.: 3.

Council Regular Meeting, 4/16/2024, Item No. 3., Item Page 1, Packet Page 53 City Council Minutes April 2, 2024
2 Public comment was received from Terric O'Connor, who stated that he had been unfairly removed from the library, and Sharon Dwight and Jean Rasch, who praised the Monterey Public Library and its leadership.

The Council made remarks expressing admiration for the Monterey Public Library.

GENERAL PUBLIC COMMENTS
Public comment on non-agendized matters was received from: Steve Lightfoot; Sharon Dwight; Shane Strong, of the American Legion Post 41; and Terric O'Connor.

CONSENT AGENDA
Items 7 and 10 were pulled from the Consent Agenda at the request of members of the public.

On question from the Council, Public Works Director Renny said that her Engineering staff was looking at alternatives for traffic calming and bicycle safety. Public comment on the Consent Agenda was not received.

On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the CONSENT AGENDA except Items 7 and 10:

3. March 19, 2024 Regular 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

4. Authorize an Amendment to the Professional Services Agreement with G7ei, Inc. for Completion of the Sewer Utility Master Plan and Rate Study (“Project”) to Increase the Not-toExceed Amount from $192,000 to $289,816 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-039 C.S.

Ordinances

5. 1st Reading by Title Only of an Ordinance to Amend Monterey City Code Chapter 17 Relating to the East Moorings, Sales of Whole Fish from Boats, Inoperable Vessels, and Parking Permit Policies (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Introduced by title only and passed to print the draft Ordinance

6. 2nd Reading of an Ordinance to Repeal and Replace Monterey City Code Section 20-40 Pertaining to Decreased Speed Limits on Certain Street Segments (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3681 C.S.

Council Regular Meeting, 4/16/2024, Item No. 3., Item Page 2, Packet Page 54 City Council Minutes April 2, 2024
3 Resolutions

7. Adopt the Fishermen's Flats Neighborhood Traffic Calming Plan (Categorical Exemption per CEQA Section 15301, Class 1 - Minor Alterations to Existing Facilities) Action: Pulled from Consent; Adopted Resolution No. 24-040 C.S.

Public comment was received from Tom Rowley, of Fishermen's Flats Homeowners and Residents Association, who criticized the Kimley Horn data, said that Foothill School may need to be reopened as a Monterey Peninsula Unified School District (MPUSD) campus, and thanked Council for taking up the matter; and Esther Malkin, who said that traffic calming bulbouts needed to be made more visible at night.

The Council discussed the matter. It was stated that adjustments to the plan could be made over time if needed.

On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following vote, the City Council adopted Resolution No. 24-040 C.S. to Adopt the Fishermen's Flats Neighborhood Traffic Calming Plan:

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

8. Adopt the Monterey Vista Neighborhood Traffic Calming Plan Update (March 2023) (Categorical Exemption per CEQA Section 15301, Class 1 - Minor Alterations to Existing Facilities)
Action: Adopted Resolution No. 24-041 C.S.

9. Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding with United Way Monterey County to Participate in the Smart Referral Network (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-042 C.S.

Other

10. Authorize the City Manager to Send a Letter of Intent to Monterey One Water Affirming the City of Monterey’s Intent to Move the City’s Fees for Wastewater (Sewer) Collection to the County of Monterey Property Tax Bill (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Pulled from Consent; Authorized Letter (4-1, Councilmember Smith voting no) Public comment was received from Sharon Dwight, who asked that the letter acknowledge that a democratic process would be undertaken prior to approval of the change, and Marsha Moroh, who said that the change could be complicated for owners of condominiums and apartments.

The Council discussed the matter. It was stated that the transition would be made as transparent as possible to owners of all properties including those with homeowners associations. It was stated that there would be various payment options including the ability to pay on a monthly basis. Concern was expressed regarding the impact on unique properties, including multi-use commercial buildings with varying uses and leases, and it was requested that each property be issued be a monthly report on usage so that lessors could pass along the fees to their tenants appropriately.

Council Regular Meeting, 4/16/2024, Item No. 3., Item Page 3, Packet Page 55 City Council Minutes April 2, 2024
4 City Manager Uslar addressed questions from the Council by referring to an agenda attachment that he said covered the questions about homeowners associations, and addressed the public comment regarding a democratic process, stating that the Proposition 218 process would not be required for the proposed change as it was only the payment mechanism that was changing, not fees. City Attorney Davi stated that the collection process would include adopting an annual report by Monterey One Water (M1W) that would be delivered to all customers with a procedure for protesting the tax roll. On question, City Manager Uslar said that if the change to the tax roll was not approved, the City would take on the work to bill wastewater (sewer) rates for its own residents.

Expressing concern about the proposal, it was stated by the Council that the move to the tax roll would be a significant change and that M1W staff would need to be well prepared to answer questions. It was stated that when a vendor was less efficient at collecting fees, the City should evaluate the use of that vendor and it was expressed that M1W may not be operating with the best interests of Monterey residents in mind. It was expressed that the City was being pushed into the decision because otherwise it would have to take on the billing process itself.

In support of the proposal, it was stated that the change would make sure that M1W would timely receive the funds needed for operations instead of struggling to collect from late paying users. It was stated that M1W was well run and did good work finding creative and innovative water solutions for the region. It was stated that the billing transition would allow more flexibility with the payment assistance program for low-income ratepayers.

On a motion by Councilmember Barber, seconded by Councilmember Garcia, and carried by the following vote, the City Council authorized the City Manager to Send a Letter of Intent to Monterey One Water Affirming the City of Monterey’s Intent to Move the City’s Fees for Wastewater (Sewer) Collection to the County of Monterey Property Tax Bill:

AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 1 COUNCILMEMBERS: Smith
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
*** End of Consent Agenda ***

PUBLIC HEARING

11. 1st Reading by Title Only of an Ordinance to Amend Chapters 22 and 38 of the Monterey City Code, Establishing Exemption Criteria and Minimum Performance Standards Relating to the Use of Emergency Generators During Emergency Power Outages; Exempt from CEQA per Article 18, Section 15269(c)
Action: Held public hearing, introduced by title only, and passed a first reading of the draft Ordinance
Mayor Williamson introduced the ordinance by reading its full title. Senior Associate Planner Schmidt gave the staff presentation and answered Councilmembers' questions. A compromise was suggested by the Council: to approve only those generators that produced noise on the lower decibel range.

Public comment was received from Terric O'Connor, who suggested the use of constructed wooden structures to lower the noise and the addition of mufflers on the generators' exhaust pipes, and Jean Rasch, who said the City needed to get serious about undergrounding utilities Council Regular Meeting, 4/16/2024, Item No. 3., Item Page 4, Packet Page 56 City Council Minutes April 2, 2024
5 to reduce power outages and spoke in favor of current proposed Neighborhood and Community Improvement Program (NCIP) projects on the subject of undergrounding.

A motion was introduced by Councilmember Smith, and seconded by Councilmember Haffa, to pass to print the 1st Reading by Title Only of an Ordinance to Amend Chapters 22 and 38 of the Monterey City Code, Establishing Exemption Criteria and Minimum Performance Standards Relating to the Use of Emergency Generators During Emergency Power Outages.

The Council discussed the matter. Agreement was expressed with the concept of getting serious about undergrounding City utilities, particularly on routes with major power lines that experienced frequent disturbance by falling trees.

The motion carried by the following vote:

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

PUBLIC APPEARANCE

12. Receive an Update on the State of the Library from the Board of Library Trustees (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Received update
Board of Library Trustees Chair Moroh gave the board's presentation and answered Councilmembers' questions.

Public comment was received from: Terric O'Connor, who praised the Library and said it should be open for teenagers; Bob Petty, who expressed his interest in increasing the capabilities of the Library and improving its facility; and Esther Malkin, who spoke about the many ways to use the Library and its collections and praised the hard-working staff.

The Council briefly discussed the matter, profusely thanking Monterey Public Library staff and trustees for their dedication and excellent work. It was stated that the board's expressed priorities were reasonable and that the Library and its future were high priorities for the City Council. The Bookmobile was appreciated for bringing the Library's services to many locations in the community. It was stressed that access to information was essential. *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed session at 6:00 p.m.

RECESS

RECONVENE
*** Evening Session Agenda ***
The Council reconvened at 7:07 p.m.

Council Regular Meeting, 4/16/2024, Item No. 3., Item Page 5, Packet Page 57 City Council Minutes April 2, 2024
6 PLEDGE OF ALLEGIANCE
Councilmember Garcia led the Pledge.

GENERAL PUBLIC COMMENTS CONTINUED
Public comment on non-agendized matters was received from Sidney Ramsden-Scott, Tom Rowley, Eric Palmer, and Lorna Moffat.

ANNOUNCEMENTS FROM CLOSED SESSION
City Attorney Davi announced:
cs 1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): Potter, David v. City of Monterey (Workers' Compensation Appeals Board Case No. ADJ12943150) (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 its legal counsel
cs 2. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9: Brent Hall v. City (Workers' Compensation Claim No. 21MON061) (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 its legal counsel
cs 3. Conference with Agency Labor Negotiators Pursuant to Government Code Section 54957.6 for Labor Negotiations; Agency Negotiators: Brette Neal, Gina Russo; Employee Organizations: General Employees of Monterey (GEM), Management Employees' Association (MEA), Monterey Police Association (MPA), Police Lieutenants' Management Association (PLMA), Monterey Fire Fighters' Association (MFFA), Monterey Fire Chief Officers' Association (MFCOA), Monterey Executive Management Employees' Association (MEMEA) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: No reportable action taken

PUBLIC APPEARANCE (EVE)

13. Receive Community Feedback on Automated License Plate Recognition (ALPR) Program and Direct the Monterey Police Department to Proceed with ALPR Program Implementation (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Directed as follows: that the Monterey Police Department proceed with Automated License Plate Recognition (ALPR) program implementation; that the audit report be shared with the City Attorney by the Police Chief after a year into the program; that any changes to the policy be brought to the City Council for approval; and that the Police Chief bring a report to Council a year into the program (3-2, Mayor Williamson and Councilmember Garcia voting no)
Police Chief Hober gave the staff presentation and answered Councilmembers' questions.

Based on the number of people wishing to provide public comment, Mayor Williamson limited the speaking time per person to two minutes. Public comment was received from: John Sovereign, who suggested beginning the program as a pilot monitored by the American Civil Liberties Union (ACLU); Marc Kelley, of Monterey County Hospitality Association (MCHA), who spoke in favor of implementing ALPR technology, citing interagency cooperation; Sharon Council Regular Meeting, 4/16/2024, Item No. 3., Item Page 6, Packet Page 58 City Council Minutes April 2, 2024
7 Dwight, who echoed Mr. Kelley's remarks and expressed concerns about security of storing sensitive data in the cloud; Michelle Welsh, of ACLU Northern California, Monterey County Chapter, who said that there were other effective ways to go about policing and urged the Council to focus on their values when considering the proposed program; Rick Aldinger, of MCHA, who spoke in favor of adopting ALPR technology, citing the need for residents and visitors to feel safe in Monterey; Gary Cursio, of MCHA, who urged adoption of the program at the strongest level (i.e., with 35 cameras); Janine Chicourrat, who spoke in favor of joining other Peninsula cities in adopting the technology; Stan Williams, who asked the Council to be more careful and to guard residents' privacy rights against advancing technology; Tom Rowley, of Fishermen's Flats Homeowners and Residents Association, who said that the association was in favor of adopting the ALPR program; Jean Rasch, who said that the audit process should include the City Attorney, and asked for an ordinance and a sunset date for the program; Esther Malkin, who spoke in favor of implementing ALPR technology and said crime on the Peninsula was coming from outside the area; and Keith Marshall and Richard Ruccello, who both spoke in favor of implementing ALPR technology, citing the safety of the community. During the public comment period, Councilmember Smith left the Chamber at 8:39 p.m. and returned at 8:41 p.m.

At the request of the Council, Police Chief Hober provided answers to some questions posed during public comments. He clarified that the cameras photographed every car that went by and that most cameras were solar powered. He said that the data storage was stored securely in a government encrypted cloud. He said that all license plates photographed were stored for 30 days and then deleted unless associated with a crime or investigation. He explained that the technology was similar to that used by “meter maids” for parking monitoring, but that the use for finding "hits" related to crime was specific to the police ALPRs. Regarding monitoring and auditing the use of the ALPR technology, he said that Police Department leadership would review both the use and the logged reasons for the use of the technology. Regarding the software's possible facial recognition capability, he said that even if the ALPR technology had such a capability, the Monterey Police Department would be using only the license plate and vehicle monitoring capabilities. He said that if the cameras took a photograph of a person, any searches conducted would be for license plates and vehicles and would not find images of people. Regarding including the City Attorney in the audit process, Police Chief Hober said that he did not feel the need to include the City Attorney as part of the audit team as it was not in her purview and that it was his job to hold his organization accountable, but stated that he would be comfortable sending her the memorandum following the audit. On question from the Council, City Attorney Davi said that she and Police Chief Hober worked together regularly on legal matters and that whenever the Chief needed legal advice for the Police Department she was consulted.

The Council discussed the matter. It was expressed that everyone on the Council was in favor of public safety and that everyone's interpretation of public safety was unique.

In favor of adopting the ALPR technology, it was stated that Monterey was the last city on the Monterey Peninsula not using the technology. It was stated that people need not be in fear of the first step of policing, because of the oversight built into the criminal justice system and it was explained that every arrest or warrant proceeding went to the District Attorney, who was required to review the evidence and had the statutory discretion for filing charges based on sound case law and common sense. It was stated that Monterey Police Department leadership and supervisory staff exemplified professional standards and accountability. It was stated that the proposal was for the use of the technology with limits and an appropriate balance. It was urged that the Council should take every effort to be sure the Police Department had tools to keep the community safe.

Council Regular Meeting, 4/16/2024, Item No. 3., Item Page 7, Packet Page 59 City Council Minutes April 2, 2024
8 Questioning aspects of the proposal, it was stated that the "other cities are doing it" argument was not compelling. It was stated that the Council trusted their Police Department but had to do its due diligence on behalf of everyone in Monterey. It was stated that protecting public safety was essential but so was protecting civil liberties, and that the Council was trying to find a balance and appreciated that the Police Chief and his team had worked hard to come up with a policy that was responsive to those dual concerns. It was stated that due to the privacy concerns expressed, the Council had a responsibility to make sure everyone had a safety net. It was stated that some of the concerning examples given by the American Civil Liberties Union (ACLU) had not been discussed, such as a flagged ALPR scan in San Francisco that it was stated had led to the wrongful detention of a black woman at gunpoint, or a reader system error in Walnut Creek that it was stated had led to the detention of a non-profit director. Citing the draft policy's language explaining that the impermissible use of the ALPR system could lead to criminal prosecution and civil liability, it was stated that by the time such penalties would be needed, there would already be innocent victims who would have suffered from the misuse of the technology. It was stated that with even a low possibility of such errors being made, it would be difficult to support the adoption of the technology. It was stated that disadvantaged communities were the most at risk due to bias in society. Concern was expressed that technology was advancing faster than officials could create public policy, and about data breaches and potential repercussions of sharing information with other jurisdictions.

Speaking to concerns about the technology, it was stated that the biggest concern was the potential for misidentification but that it sounded like misidentification could be more likely without the technology because the non-ALRP information was less precise. It was stated that although there were privacy concerns expressed, the reality was that in public there was not legally a privacy expectation, and that there were protections built into the ALPR policy so that when the system was used, the use was identified and the officer had to provide a log entry explaining the reason for the use. It was stated that the more eyes looking at the ways the data was used, the better protection the residents would have. It was proposed that to increase the oversight, someone like the City Attorney should be involved in the audit in some fashion such as by receiving the audit report on an annual basis. It was requested that the Police Department report to the Council after one year's use of the program to provide an update. It was questioned what the process would be to implement changes to the policy after it was first adopted. It was stated that in the use of such a technology there was a risk assessment required, but also a cost-benefit assessment.

On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council directed as follows: that the Monterey Police Department proceed with Automated License Plate Recognition (ALPR) program implementation; that the audit report be shared with the City Attorney by the Police Chief after one year; that any changes to the policy be brought to the City Council; and that the Police Chief bring a report to Council a year into the program:

AYES: 3 COUNCILMEMBERS: Barber, Haffa, Smith
NOES: 2 COUNCILMEMBERS: Garcia, Williamson
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
The Council recessed at 9:28 p.m. and reconvened at 9:34 p.m.

14. Receive a Report on the Sewer Utility Master Plan (SUMP) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received report
Council Regular Meeting, 4/16/2024, Item No. 3., Item Page 8, Packet Page 60 City Council Minutes April 2, 2024
9 Tony Akel, consultant with Akel Engineering Group, gave the presentation and answered Councilmembers' questions.

Public comment was received from Tom Rowley, who expressed discontent with the report and its figures on sea level rise.

15. Receive a Presentation on the Wastewater (Sewer) Rate and Capacity Fee Study and Direct Staff to Initiate the Property Owner Notice, Hearing, and Protest Process as Required by Proposition 218 for the Proposed Wastewater (Sewer) Rate and Capacity Fee Increases (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-043 C.S.

Senior Engineer Harty introduced Doug Dove, of Bartle Wells Associates, who gave the staff presentation and answered Councilmembers' questions.

Concern was expressed by the Council about the Monterey One Water (M1W) agency and on question by Council it was confirmed that the City had not analyzed the $44/month residential fee charged by M1W. It was stated by the Council that there was no cost containment and that there were runaway costs across all utilities. Discomfort was expressed with funding too much for costs associated with sea level rise and it was stated that it was unclear what percentage of the cost increase would pay for future projects that would be impacted by sea level rise.

Public comment was received from: Tom Rowley, who questioned estimates for sea level rise and said that the challenge of sea level rise will present a significant financial challenge; Sharon Dwight, who expressed concern about the affordability of the rate increase especially for renters, and spoke against putting the fees onto the tax bill; and Esther Malkin who echoed Ms.

Dwight's concerns about affordability for renters, citing that this increase would be a struggle on top of all the other costs that already made it hard to live in Monterey.

A motion was introduced by Councilmember Smith, and seconded by Councilmember Barber, to extend the meeting to 11:30 p.m.:

Public comment on the motion was not received.

The motion to extend the meeting carried by the following vote:

AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
The Council discussed the matter. It was noted that the City's sewer rates were among the lowest in the region and hadn't been raised in almost a decade.

Regarding the amount of the proposed increase, it was stated that there were concerns that the increase was too significant for a good portion of the City's residents. It was stated that the City had partnered with M1W to provide assistance for low-income ratepayers.

Regarding inclusion of funding to address sea level rise, it was stated on the one hand that due to cost increase concerns, it would be best to ask staff to bring the matter back without the $7M Council Regular Meeting, 4/16/2024, Item No. 3., Item Page 9, Packet Page 61 City Council Minutes April 2, 2024
10 sea level rise amount included in the rates. On the other hand, it was stated that it was known that sea level rise was happening even though there was disagreement on the predicted timeline. It was stated that it would be beneficial and show good stewardship to keep some funding for preparing for sea level rise.

Regarding the timing of the proposed increase, it was stated that the proposed City rates were reasonable to achieve full cost recovery, but it was requested that the Council consider deferring the City's rate increase until after the implementation of the move to the tax roll, then come back to this for a full cost recovery later, in order to avoid unnecessary confusion for the public.

City Manager Uslar noted that it could be even harder for the City to do a rate increase next year if M1W was also increasing their rates then, and that if there were a deferral then a new rate study would be needed. He suggested as an alternative that the Council could direct staff at this meeting that the proposed fees would be effective at a later date.

It was briefly proposed by the Council to move forward with the increase but with an added option to back off if more clear information were received on sea level rise; however, City Attorney Davi said that new rates would require a new fee study.

Frustration was expressed by the Council that they had not been given the option on whether or not to do the fee study at this time, and that now that there was a fee study it was pushing a decision. It was stated that due to the tax roll process there would be a lot of questions and confusion for residents.

It was stated by the Council that running at a deficit every month added to the problem, and in response it was noted that this was not new and had been happening for years.

It was briefly proposed by the Council to decrease the sea level rise amount and to delay implementation for a number of months.

It was suggested that if the Council was going to approve moving forward with it, that they just start collecting the fees without delay, and that the concern had been about how to communicate about fees, not about when the fees would actually hit consumers.

On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 24-043 C.S. Directing Staff to Initiate the Property Owner Notice, Hearing, and Protest Process as Required by Proposition 218 for the Prposed Wastewater (Sewer) Rate and Capacity Fee Increases:

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

COUNCIL COMMENTS
Councilmember Smith said that the Fishermen's Flats Homeowners and Residents Association meeting would be on April 8, and would include a discussion with a representative from Transportation Agency for Monterey County (TAMC) about roundabouts and other safety issues.

Council Regular Meeting, 4/16/2024, Item No. 3., Item Page 10, Packet Page 62 City Council Minutes April 2, 2024
11 Mayor Williamson announced that he had spent a week and a half in Europe, including speaking on a panel discussion in Monaco on impacts of sea level rise on coastal communities, and visiting Monterey's sister city of Dubrovnik, Croatia, which he said was interested in partnering with Monterey Jazz Festival. He said that the sister city program provided a special opportunity to think about international relations from a small local perspective. He said he was interested in working toward Monterey hosting an ocean conference.

CITY MANAGER REPORTS
City Manager Uslar announced that registration for the Parks and Recreation summer programs was now open.

ADJOURNMENT
The Council adjourned at 11:28 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor
Council Regular Meeting, 4/16/2024, Item No. 3., Item Page 11, Packet Page 63 Council
Agenda Report
FROM: Andrea Renny, Public Works Director
Prepared By: Jesus Rios, Engineering Project Manager
SUBJECT: Awarding a Construction Contract in the Amount of $596,197.00 to The Don Chapin Co., Inc. for the Calle Principal / Madison / Polk / Hartnell Curb Ramps Project (35C1555) and Amending the Traffic Resolution 98-186 to Remove Stop Control on Calle Principal and Add Stop Control on Madison Street (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP***
RECOMMENDATION:

That the City Council adopt the attached resolutions that:

1. Approve the plans and specifications for the Calle Principal / Madison / Polk / Hartnell Curb Ramps Project (35C1555) (“Project”) which are available in the office of the City Engineer (Room 7), and granting the Public Works Director, or their designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Accept all responsive, responsible bids;

3. Award a Construction Contract for the Total Bid to the lowest responsive, responsible bidder, The Don Chapin Co., Inc., in the amount of $596,197.00;

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

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

6. Amend the Traffic Resolution to remove stop control on Calle Principal and add stop control on Madison Street.

VALUE DRIVERS:

POLICY IMPLICATIONS:

This action is consistent with the City Council’s Value Drivers and Strategic Priorities of Quality of Life – “Respond effectively to neighborhood concerns;” Fiscal Stewardship – “Prioritize funding models and sources for facility rehabilitation, repair, and replacement.” This action is in accordance with Chapter 28-Purchasing of the City Code, which requires Public Works project contract awards exceeding $150,000 to be approved by City Council.

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

Council Regular Meeting, 4/16/2024, Item No. 4., Item Page 1, Packet Page 64 №10/24
CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

Six (6) bids were received and opened by the Finance Director’s designee on March 5, 2024 as follows:

Bidder Total Bid
The Don Chapin Co., Inc. $596,197.00
Coastal Paving & Excavating, Inc. $627,610.00
Precision Grade, Inc. $664,143.00
Monterey Peninsula Engineering $695,638.00
FBD Vanguard Construction, Inc. $702,547.00
Anderson Pacific Engineering Construction, Inc. $714,620.00 Basis of award for this project is based on the Total Base Bid.

Total Project Construction Estimate:

Construction Contract (Total Base Bid) $596,197.00
Construction Contingency, 15% $89,429.55
Total Project Construction Estimate (This Authorization) $685,626.55 Construction Management (City Staff & Indirect Cost) $150,000.00 Total Estimated Cost to Complete the Project $835,626.55 Funding Sources:

Measure P-ADA (35C1555) $11,511,043.76
As of March 14, 2024, sufficient funding is available to complete the project.

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project consists of the demolition and construction of concrete curb, gutter, sidewalk, curb ramps, and driveways, storm drainage, signage and striping, adjustment of utilities and hot mix asphalt pavement. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are Council Regular Meeting, 4/16/2024, Item No. 4., Item Page 2, Packet Page 65 №10/24
considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Exception a – Location – does not apply to projects which are exempt under Class 1.

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

Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. No unusual circumstances are anticipated due to improvements’ limited scope and distinct locations.

Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). The project would not be visible from a scenic highway.

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

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

ALTERNATIVES CONSIDERED:

Council could choose not to award the construction contract for this Project; however, the proposed project implements Americans with Disabilities Act (ADA) upgrades that are required in accordance with the City’s ADA Transition Plan.

DISCUSSION:

This project consists of curb ramp retrofits, bulb-outs and associated street and sidewalk reconstruction at the intersection of Calle Principal / Madison / Polk / Hartnell in the City of Monterey that have been identified as the responsibility of the City, consistent with Chapter 32, Article 4, of the City Code. It is the fourth in a series of planned curb ramp replacement construction contracts funded by Measure S.

Because all stop-controlled intersections in the City of Monterey are approved by City Council and recorded in the Traffic Resolution, Resolution 98-186, the change of roadway geometry requires an evaluation of stop control for this intersection. This change results in the removal of stop control on Calle Principal approaching Madison Street and addition of a stop control on Council Regular Meeting, 4/16/2024, Item No. 4., Item Page 3, Packet Page 66 №10/24
Madison Street. The supporting warrant analysis is available for public view upon request at the Office of the City Engineer.

The project plans and specifications were developed by City staff and extensively advertised for construction bids and are available for public review in the Office of the City Engineer (580 Pacific St., Room 7). On March 5, 2024, the city received six (6) bids. The lowest responsive, responsible bid was submitted by The Don Chapin Co., Inc. in the amount of $596,197.00.

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

2. Accept all responsive, responsible bids;

3. Award a Construction Contract for the Total Bid to the lowest responsive, responsible bidder, The Don Chapin Co., Inc., in the amount of $596,197.00;

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

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

6. Amend the Traffic Resolution to remove stop control on Calle Principal and add stop control on Madison Street.

JR/pl
Attachments: 1. Resolution Awarding Construction Contract

2. Resolution Amending Traffic Resolution 98-186

3. Bid Tabulation
e: The Don Chapin Co., Inc.

Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 4/16/2024, Item No. 4., Item Page 4, Packet Page 67 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№011/24
AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $596,197.00 TO THE DON CHAPIN CO., INC. FOR THE CALLE PRINCIPAL / MADISON / POLK / HARTNELL CURB RAMPS PROJECT ***CIP***
WHEREAS, on the 5th day of March 2024, at 2:00 p.m. the City of Monterey Finance Director’s designee received six (6) electronic bids through the City’s e-Procurement Portal, OpenGov Procurement, for the Calle Principal / Madison / Polk / Hartnell Curb Ramps Project (35C1555) (“Project”);
WHEREAS, The Don Chapin Co., Inc., Coastal Paving & Excavating, Inc., Precision Grade, Inc., Monterey Peninsula Engineering, FBD Vanguard Construction, Inc., and Anderson Pacific Engineering Construction, Inc., submitted responsive, responsible bids for the Project; WHEREAS, the basis of award for the project was the Total Base Bid; WHEREAS, The Don Chapin Co., Inc. submitted the lowest responsive, responsible bid in the amount of $596,197.00;
WHEREAS, sufficient funds are available in account 35C1555 to complete the project; WHEREAS, the Project is funded by Measure P-ADA (35C1555); WHEREAS, The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project consists of the demolition and construction of concrete curb, gutter, sidewalk, curb ramps, and driveways, storm drainage, signage and striping, adjustment of utilities and hot mix asphalt pavement. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

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

Council Regular Meeting, 4/16/2024, Item No. 4., Item Page 5, Packet Page 68 Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. No unusual circumstances are anticipated due to improvements’ limited scope and distinct locations.

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. Approves the plans and specifications for the Calle Principal / Madison / Polk / Hartnell Curb Ramps Project (35C1555) (“Project”) which are available in the office of the City Engineer (Room 7), and granting the Public Works Director, or their designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Accepts all responsive, responsible bids;

3. Awards a Construction Contract for the Total Base Bid to the lowest responsive, responsible bidder, The Don Chapin Co., Inc., in the amount of $596,197.00;

4. Authorizes the City Manager, or his designee, to execute the contract upon the receipt of the information required by the Project plans and specifications; and, Council Regular Meeting, 4/16/2024, Item No. 4., Item Page 6, Packet Page 69

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

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 4/16/2024, Item No. 4., Item Page 7, Packet Page 70 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
AMENDING THE TRAFFIC RESOLUTION 98-186 TO REMOVE STOP CONTROL ON CALLE

PRINCIPAL AND ADD STOP CONTROL ON MADISON STREET
WHEREAS, Improvements and changes to roadway geometry necessitate the change in intersection control at the intersection of Calle Principal, Madison Street, Polk Street and Hartnell Street;
WHEREAS, The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project consists of the demolition and construction of concrete curb, gutter, sidewalk, curb ramps, and driveways, storm drainage, signage and striping, adjustment of utilities and hot mix asphalt pavement. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

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

Council Regular Meeting, 4/16/2024, Item No. 4., Item Page 8, Packet Page 71 2 Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The project would not impact historic resources as project improvements would only occur in the public right-of-way. The project is located in the area of high archeological sensitivity as shown in the General Plan (Figure 8). The project will not disturb native soil; digging will only occur to the Aggregate Base. Therefore, the project would not have an impact on archeological resources;

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the Traffic Resolution 98-186, is hereby amended by modifying Section 22, titled, “Stop Intersections,” as follows:

Delete:

22.CPR.1 CALLE PRINCIPAL stopping traffic entering Madison Street.

Add:

22.MAD.3 MADISON STREET stopping traffic entering Hartnell Street.

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, 4/16/2024, Item No. 4., Item Page 9, Packet Page 72 City of Monterey
Finance Department
Rafaela King, Finance Director
580 Pacific Street, Monterey, CA 93940

EVALUATION TABULATION
General Solicitation - CALLE PRINCIPAL / MADISON / POLK / HARTNELL CURB RAMPS (35C1555)

Page 1 ends

EVALUATION TABULATION
GEN No. TBD
CALLE PRINCIPAL / MADISON / POLK / HARTNELL CURB RAMPS (35C1555) RESPONSE DEADLINE: March 5, 2024 at 2:00 pm
Tuesday, March 5, 2024

SELECTED VENDOR TOTALS
Vendor Total
The Don Chapin Company $596,197.00
Coastal Paving &
Excavating Inc.
$627,610.00
Precision Grade Inc $664,143.00
Monterey Peninsula
Engineering
$695,638.00
FBD Vanguard
Construction, Inc.
$702,547.00
Anderson Pacific
Engineering Construction,
Inc.
$714,620.00
TABLE 1
Vendor Total
The Don Chapin Company $596,197.00
Coastal Paving &
Excavating Inc.
$627,610.00
Precision Grade Inc $664,143.00
Monterey Peninsula
Engineering
$695,638.00
Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 4., Item Page 10, Packet Page 73

EVALUATION TABULATION
GEN No. TBD
CALLE PRINCIPAL / MADISON / POLK / HARTNELL CURB RAMPS (35C1555)

Page 2 ends

Vendor Total
FBD Vanguard
Construction, Inc.
$702,547.00
Anderson Pacific
Engineering Construction,
Inc.
$714,620.00
Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 4., Item Page 11, Packet Page 74 ORDINANCE NO. ____ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22
AMENDING MONTEREY CITY CODE CHAPTER 17 RELATING TO THE EAST MOORINGS,

SALES OF WHOLE SEAFOOD FROM BOATS, LIVEABOARD PERMITS, INOPERABLE

VESSELS, AND PARKING PERMIT POLICIES FOR BERTH LICENSEES THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:

SECTION 1:

WHEREAS, Chapter 17 of the Monterey City Code regulates the Harbor and Marina; WHEREAS, the City desires to update Chapter 17 to simplify and modernize the code; 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, the Monterey City Council declares as follows:

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

SECTION 3: Monterey City Code, Chapter 17, Section 17-3(f) is hereby amended to read as follows:
“f. “Dinghy” means a small boat propelled by oars, sails or motor which is capable of being carried aboard the vessel and which does not exceed 12 feet in length and 5 feet in width, provided, however, upon prior written authorization from the Harbormaster or his designated representative, said dinghy may be longer than 12 feet.” SECTION 4: Monterey City Code, Chapter 17, Section 7(a) is hereby amended to read as follows:

Date: 4/16/2024
Item No.: 5.

Council Regular Meeting, 4/16/2024, Item No. 5., Item Page 1, Packet Page 75 2 “a. Vessels berthed, moored or anchored in the Harbor and Outer Harbor must be operable, maintained in a seaworthy condition, and be of a design suitable for operation on the open waters of Monterey Bay in the typical range of sea conditions. Dinghies side-tied by special permit shall not be required to be seaworthy or operable, as defined in this Chapter, if they are used to access moored vessels within the breakwater.” SECTION 5: Monterey City Code, Chapter 17, Section 18 is hereby amended to read:
“Sec. 17-18. Deliveries and Sales of Seafood at the Harbor. a. It is hereby declared to be a public nuisance and unlawful for any person to offer for sale or make deliveries of fresh fish or other seafood at the Monterey Harbor or on City-owned parking areas except as provided by the terms of a lease, permit, or contract that has been specifically authorized by the City Council.
b. Notwithstanding subsection (a), the Harbormaster shall have authority to issue fifteen (15) permits to commercial fishing vessels for the sale of whole, fresh fish and other seafood directly from their vessel pursuant to the following conditions:
i. Permits shall be issued on a first-come, first-served basis and must be renewed annually.
ii. The fee for the annual permit shall be adopted and integrated into the City’s Master Fee Schedule by resolution of the City Council. iii. All sales shall occur from the K-Dock area as directed by the Harbormaster.
iv. Only whole, fresh seafood may be sold. No steaking or filleting, other than gilling and gutting, shall occur.
v. Only retail sales to the ultimate consumer are allowed. No sales to restaurants or markets are allowed.
vi. Seafood must be sold from the vessel that caught it or, if the Harbormaster determines that vessel is too large to safely dock at the K-Dock, then the sales may occur from another vessel or dinghy owned by the same person.
vii. Upon request of the Harbormaster, the permittee shall provide a daily accounting of the amount of seafood brought to the dock for sale, the amount sold, and the amount remaining.
viii. Due to the size of the K-Dock, vessels with permits must rotate and spend only a reasonable amount of time at the dock. The Harbormaster shall have the authority to set and enforce a rotation of vessels.
ix. No signs or other obstructions may be placed by permitees on the dock.
x. Permitees must obtain a City business license.
xi. All other applicable local, state, and federal laws, regulations, and rules shall be followed by permitees.

Council Regular Meeting, 4/16/2024, Item No. 5., Item Page 2, Packet Page 76 xii. Violation of any condition in this section shall result in the Harbormaster’s revocation of the permit.

SECTION 6: Monterey City Code, Chapter 17, Subsection 33(a) is hereby amended to read as follows:
“a. Every vessel entering the Outer Harbor and Harbor shall immediately become subject to the authority and direction of the Harbormaster. The Harbormaster shall direct where each vessel shall be berthed, moored, or anchored.”
SECTION 7: Monterey City Code, Chapter 17, Subsection 35(a) is hereby amended to read as follows:
“a. Assignment. No person shall berth or moor a vessel in the Harbor, Outer Harbor, or Marina without first having been issued a berth or mooring assignment by the Harbormaster and signed a license agreement, been issued a temporary transient assignment and signed a transient vessel license agreement, or in the case of a mooring only, having been issued a sub-license permit. Unauthorized berth or mooring occupancy is prohibited. License fees shall be established by resolution of the City Council. The Harbormaster is authorized to move, secure, cite, and/or impound any vessel occupying an unauthorized berth or mooring. All fees involved in such action will be charged to the vessel’s owner.”
SECTION 8: Monterey City Code, Chapter 17, Subsection 36(a)(4)(ii) is hereby amended to read as follows:
“ii. Remain in the berth or mooring provided by the Harbormaster for at least 30 months to continue the license agreement. Additionally, for every two months which that individual has been on the Monterey berth or mooring waiting list, one month may be deducted from the required wait for vessel replacement, as calculated at the time of the license transfer.

Exceptions will be made to this provision if the vessel departs on an extended voyage, including commercial fishing operations, provided it is still owned and operated by the licensee upon its return to Monterey. If the vessel is damaged to the extent it is no longer feasible to remain in a seaworthy or operable condition, the vessel shall be removed at the owner’s expense and the license agreement will be revoked.”
SECTION 9: Monterey City Code, Chapter 17, Subsection 37(h) is hereby added to read as follows:
“Parking. Berth licensees may purchase from the Harbormaster no more than two annual Waterfront Lot or Wharf No. 2 Lot parking permits at the rate established in the Master Fee Schedule. Additional permits or permits for non-licensees may be obtained by applying to the City’s Parking Division pursuant to its standard procedures.” SECTION 10: Monterey City Code, Chapter 17, Section 39 is retitled “Outer Harbor Mooring Regulations” and the following paragraph is added before subsection (a):
“The regulations in this section apply to moorings in the Outer Harbor.” Council Regular Meeting, 4/16/2024, Item No. 5., Item Page 3, Packet Page 77 4 SECTION 11: Monterey City Code, Chapter 17, Subsection 39(d)(4) is hereby added to read as follows:
“d. 4. Pendants. Outer Harbor Mooring licensees are required to have two independent pendants securing their mooring ball.”
SECTION 12: Monterey City Code, Chapter 17, Section 40 is retitled “Outer Harbor Mooring Sub-Licenses” and the paragraph before subsection (a) is amended to read:
“Outer Harbor mooring licensees must occupy their moorings with a vessel they own for a minimum of six months out of any 12-month period, except as described below. No Outer Harbor mooring licensee may sublease, sub-rent, or sub-license the mooring to another person or entity except through the Harbormaster’s Office and according to the procedure established in this Section. The use of a mooring by any boat other than the licensee’s must be reported promptly to the Harbor Office and approved in writing by the Harbormaster .” SECTION 13: Monterey City Code, Chapter 17, Subsection 43(b) is hereby amended to read as follows:
“b. A maximum of 15 liveaboard vessels will be permitted to occupy berths in Monterey Marina and a maximum of 15 liveaboard vessels will be permitted to occupy moorings in the Outer Harbor. In the event a vessel with a liveaboard permit is reassigned from a mooring to a berth, or a berth to a mooring, the liveaboard permit shall remain valid even if the reassignment exceeds the maximum allowable number of liveaboards for the newly assigned area; however, no further liveaboard permits will be issued until the number of liveaboards for the area affected is back under the maximum 15 permitted.”
SECTION 14: Monterey City Code, Chapter 17, Subsection 43(d)(2) is hereby amended to read as follows:
“2. At least one applicant must have a berth or mooring license agreement. The application must list all other occupants who will be living aboard. The vessel shall be equipped with an operable Marine VHF radio, which shall be maintained in good working order during the liveaboard term. An operable cellular phone is required in addition to the marine radio. Both the radio and the cellular telephone must be on when the vessel is occupied.” SECTION 15: Monterey City Code, Chapter 17, Section (43)(e)(9) is hereby deleted.

SECTION 16: Monterey City Code, Chapter 17, Sections 45 through 54 are renumbered and restated as Sections 46 through 55.

SECTION 17: Monterey City Code, Chapter 17, Section 45 is hereby amended to read as follows:
“Sec. 17-45. East Mooring Regulations.
a. General regulations. All East Mooring vessels and licensees are subject to the regulations stated in Section 17-33 (a) through (f).

Council Regular Meeting, 4/16/2024, Item No. 5., Item Page 4, Packet Page 78 b. Vessel Size. Vessels in the East Mooring area must be between 20-feet and 45-feet in length (measured using extreme length of vessel), and may not exceed 10 tons in weight.
c. Use of Mooring. Except for dinghies, only one vessel is allowed on an East Mooring ball at any one time. An East Mooring license shall authorize the holder thereof to use the facilities for mooring purposes only and grants no further rights, privileges or uses.

No sublicenses are permitted in the East Mooring area. Additional or varying uses shall not be allowed except as provided in this Chapter, City Council resolutions, or with the written permission of the Harbormaster.
d. Blocks. The Harbormaster shall maintain all blocks, chains and mooring balls in the East Mooring area.
e. Maintenance and care of mooring. Vessel owners are responsible for their mooring lines and chafe gear, and for the safe and secure mooring of their vessels. They are liable for damage to their own vessel, and to other vessels, caused by their negligent, reckless, or willful acts or omissions. Boat owners will be billed for labor and materials to secure vessels which are improperly or inadequately secured, or to repair mooring facilities which are damaged by said acts or omissions. f. Participation in the Seasonal East Mooring program. East Moorings are available for use from April through October. From November through March, East Mooring licensees have the option of moving the vessel into the Marina and will be provided the use of an appropriately sized berth, paying the 1.5 times the berth rate rather than the transient rate. In order to take advantage of Marina berthing and the 1.5x’s rate, the vessel must have been assigned to, used, and paid for an East Mooring license for a minimum of 90 days during the preceding April through October period. g. Dinghy space. The City will provide, at no cost from April through October, a dingy space located either in the Marina or at Wharf 1, for any licensee participating in the seasonal East Mooring program.
h. Overnight stays. No one is permitted to stay aboard a vessel on an East Mooring overnight, which shall be from 10 pm to 6 am. Licensees may, however, bring their boats into the Marina for an overnight stay as a transient vessel, paying the appropriate transient fees, and following all other transient regulations as found in Section 17-42. i. Inoperable vessels. All East Mooring vessels are subject to the regulations as stated in Section 17-7.”
SECTION 18: City Council Resolution No. 00-11 “Resolution Authorizing up to Fifteen Concession Permits for Sale of Whole, Fresh Fish Directly from Boats in Monterey Marina” and all ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 19: This ordinance shall be in full force and effect thirty (30) days from and after its final passage and adoption.

Council Regular Meeting, 4/16/2024, Item No. 5., Item Page 5, Packet Page 79 6 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, 4/16/2024, Item No. 5., Item Page 6, Packet Page 80 ORDINANCE NO. ____ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22
AMENDING CHAPTERS 22 AND 38 OF THE CITY OF MONTEREY CODE ESTABLISHING

EXEMPTION CRITERIA AND NOISE PERFORMANCE STANDARDS RELATED TO

EMERGENCY GENERATORS DURING POWER OUTAGES
THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:

SECTION 1:

WHEREAS, as a result of the 2022/2023 storm season, the Monterey Peninsula area experienced numerous widespread power outages in commercial and residential districts within the City of Monterey;
WHEREAS, residents and businesses depend on reliable power sources for economic prosperity, and public health and safety;
WHEREAS, the City of Monterey Community Development Department has received recent inquiries from residents and business owners about the use of generators for homes and commercial businesses;
WHEREAS, such generators serve as an important safety element during a prolonged power outage by maintaining power for refrigeration systems, medical equipment, and other electrical systems;
WHEREAS, climate change will continue to increase the intensity of storms and potential for wild fires, which will further exacerbate problems experienced by electricity utility providers to maintain electricity transmission infrastructure within their service areas; WHEREAS, noise from emergency generators and other equipment used during emergency situations could potentially exceed the noise standards set forth in Monterey City Code Sections 22-18 and 38-111(A);
WHEREAS, at a public hearing on February 13, 2024, the Planning Commission considered and recommended the amendments to the zoning code; WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 18, Section 15269(c)) as this action would allow a specific, short-term action or activity that is to be undertaken or deemed necessary to prevent or mitigate an emergency.

NOW THEREFORE, the Monterey City Council declares as follows:

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

Date: 4/16/2024
Item No.: 6.

Council Regular Meeting, 4/16/2024, Item No. 6., Item Page 1, Packet Page 81 2 SECTION 3: Monterey City Code, Chapter 22, Section 18 is hereby amended to read as follows:
(a) Definitions.

1. “Emergency” refers to a situation arising from a sudden and unforeseen event such as an earthquake, flood, fire, storm, or similar event that poses a serious threat to the public safety, or any unforeseen event that results in an unanticipated power outage beyond the control of a property owner or occupant of a building or facility within the City of Monterey.

2. “Emergency generator” means a stationary device permanently installed and connected to a building or facility’s electrical system that serves solely as a secondary source of electrical power during power outages that are beyond the control of the owner, occupant, or operator of the building or facility. An emergency generator operates only during emergency situations, for training of personnel under simulated emergency conditions, as part of emergency demand response procedures, or for standard performance testing procedures as required by law or by the generator’s manufacturer.
(b) No person, unless otherwise stated in this section, shall cause, suffer, permit, or allow the repeated or persistent emission of any noise or sound produced by any such person, by an animal or fowl or through any mechanical means within their ownership, possession, or control, which by reason of its raucous nature habitually disturbs the peace and quiet of any person.
(c) Exceptions: Noise in Emergency Situations – Emergency Generators and Other Equipment.

1. Noise generated by any emergency response necessary to address health or safety risks, including but not limited to noise generated by emergency generators utilized during power outages.

2. Noise generated by any standby machinery or equipment used to alleviate the threat to public health, safety and property in emergency situations, including but not limited to: portable emergency generators, chain saws or other tree trimming or tree removal equipment used to abate hazards caused by trees or other vegetation damaged during storms or other natural disasters.

SECTION 4: Monterey City Code, Chapter 38, Section 111(A)(5) is hereby renumbered as Section 111(A)(6) without any substantive change.

SECTION 5: Monterey City Code, Chapter 38, Section 111(A)(5) is amended to read as follows:

5. Exceptions. The following are not subject to the provisions of this section:
a. Noise created by emergency generators or any standby machinery or equipment necessarily operated during an emergency as defined in City Code section 22-18(a)(1) Council Regular Meeting, 4/16/2024, Item No. 6., Item Page 2, Packet Page 82 herein when the following requirements are met:
i. Emergency generators exempt under this Section shall not be located within any required front yard setback.
ii. Emergency generators within 10 feet of property lines shall use noise reduction enclosures and soundproofing materials or products meant for generator soundproofing.

SECTION 6: All ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 7: This ordinance shall be in full force and effect thirty (30) days from and after its final passage and adoption.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 4/16/2024, Item No. 6., Item Page 3, Packet Page 83 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 Construction Management Services Each with a Not-To-Exceed Limit of $500,000.00, for Projects with the City of Monterey to: (1) Consor PMCM, Inc.; (2) CSG Consultants, Inc.; (3) Harris & Associates, Inc.; (4) 4LEAF, Inc.; and (5) Wallace Group, a California Corporation ***CIP/NCIP*** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) -- Continued from March 19, 2024
RECOMMENDATION:

That the City Council adopt the attached resolutions:

1. Awarding a Professional Services Agreement for On-Call Construction Management Services for Projects for the City of Monterey to Consor PMCM, 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 Construction Management Services for Projects for the City of Monterey to CSG Consultants, 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;

3. Awarding a Professional Services Agreement for On-Call Construction Management 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;

4. Awarding a Professional Services Agreement for On-Call Construction Management Services for Projects for the City of Monterey to 4LEAF, 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 Construction Management Services for Projects for the City of Monterey to Wallace Group, a California Corporation 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 their designee, to execute the Professional Services Agreements upon receipt of information required by the Request for Proposal (RFP).

VALUE DRIVERS:

Date: 4/16/2024
Item No.: 7.

Council Regular Meeting, 4/16/2024, Item No. 7., Item Page 1, Packet Page 84 Serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships.

POLICY IMPLICATIONS:

In addition to this action’s alignment with the City Council’s Value Drivers, 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.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: Yes.

FISCAL IMPLICATIONS:

Fees for On-Call Construction Management 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 Construction Management Services Agreements and direct staff to issue requests for proposals for each project individually.

However, having pre-approved, on-call, as-needed firms readily available allows for more efficient and timely delivery of projects.

DISCUSSION:

The City requires technical assistance from construction management firms. The City has a backlog of active and pending projects that require technical support from construction managers, material testers, inspectors, construction surveyors, labor compliance officers and claims specialists. Having five (5) on-call construction management firms available allows the City to provide these services in a timely manner. Additionally, on-call construction Council Regular Meeting, 4/16/2024, Item No. 7., Item Page 2, Packet Page 85 management firms can provide specialized knowledge and additional quality assurance to deliver projects more efficiently.

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 28-10 of the City’s Purchasing Ordinance. On November 27, 2023, a Request for Proposal was issued and advertised through OpenGov. Fourteen (14) proposals were received on January 9, 2024. A selection committee consisting of CIP and NCIP Engineering Division staff independently evaluated and ranked the proposals. After deliberations, all fourteen (14) 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 also include an option for four additional one-year extensions 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 Consor PMCM, Inc.

2. Resolution awarding a Professional Services Agreement to CSG Consultants, Inc.

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

4. Resolution awarding a Professional Services Agreement to 4LEAF, Inc.

5. Resolution awarding a Professional Services Agreement to Wallace Group, a California Corporation

6. Consultant Selection Evaluation Criteria
e: Consor PMCM, Inc.

CSG Consultants, Inc.

Harris & Associates, Inc.
4LEAF, Inc.

Wallace Group, a California Corporation
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, 4/16/2024, Item No. 7., Item Page 3, Packet Page 86 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 CONSTRUCTION MANAGEMENT PROFESSIONAL SERVICES FOR PROJECTS WITHIN THE CITY OF MONTEREY TO CONSOR PMCM, INC. ***CIP/NCIP *** WHEREAS, the need exists for the City to obtain prompt professional construction management services to support the Capital Improvement Program (CIP), Neighborhood and Community Improvement Program (NCIP) and other municipal programs; WHEREAS, on November 27, 2023, a Request for Proposal was issued and advertised through OpenGov;
WHEREAS, fourteen (14) proposals were received on January 9, 2024. A selection committee, consisting of CIP and NCIP Engineering Division staff, independently evaluated and ranked the proposals;
WHEREAS, after deliberations, all fourteen (14) firms were ranked as follows, with the top five firms, Consor PMCM, Inc., CSG Consultants, Inc., Harris & Associates, Inc., 4LEAF, Inc., and Wallace Group, a California Corporation 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.

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

Council Regular Meeting, 4/16/2024, Item No. 7., Item Page 4, Packet Page 87 2 1. Awards a Professional Services Agreement for On-Call Construction Management Services for Projects for the City of Monterey to Consor PMCM, 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 their 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, 4/16/2024, Item No. 7., Item Page 5, Packet Page 88 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 CONSTRUCTION MANAGEMENT PROFESSIONAL SERVICES FOR PROJECTS WITHIN THE CITY OF MONTEREY TO CSG CONSULTANTS, INC. ***CIP/NCIP *** WHEREAS, the need exists for the City to obtain prompt professional construction management services to support the Capital Improvement Program (CIP), Neighborhood and Community Improvement Program (NCIP) and other municipal programs; WHEREAS, on November 27, 2023, a Request for Proposal was issued and advertised through OpenGov;
WHEREAS, fourteen (14) proposals were received on January 9, 2024. A selection committee, consisting of CIP and NCIP Engineering Division staff, independently evaluated and ranked the proposals;
WHEREAS, after deliberations, all fourteen (14) firms were ranked as follows, with the top five firms, Consor PMCM, Inc., CSG Consultants, Inc., Harris & Associates, Inc., 4LEAF, Inc., and Wallace Group, a California Corporation 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.

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

Council Regular Meeting, 4/16/2024, Item No. 7., Item Page 6, Packet Page 89 2 1. Awards a Professional Services Agreement for On-Call Construction Management Services for Projects for the City of Monterey to CSG Consultants, 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 their 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, 4/16/2024, Item No. 7., Item Page 7, Packet Page 90 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 CONSTRUCTION MANAGEMENT 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 construction management services to support the Capital Improvement Program (CIP), Neighborhood and Community Improvement Program (NCIP) and other municipal programs; WHEREAS, on November 27, 2023, a Request for Proposal was issued and advertised through OpenGov;
WHEREAS, fourteen (14) proposals were received on January 9, 2024. A selection committee, consisting of CIP and NCIP Engineering Division staff, independently evaluated and ranked the proposals;
WHEREAS, after deliberations, all fourteen (14) firms were ranked as follows, with the top five firms, Consor PMCM, Inc., CSG Consultants, Inc., Harris & Associates, Inc., 4LEAF, Inc., and Wallace Group, a California Corporation 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.

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

Council Regular Meeting, 4/16/2024, Item No. 7., Item Page 8, Packet Page 91 2 1. Awards a Professional Services Agreement for On-Call Construction Management 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 their 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, 4/16/2024, Item No. 7., Item Page 9, Packet Page 92 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 CONSTRUCTION MANAGEMENT PROFESSIONAL SERVICES FOR PROJECTS WITHIN THE CITY OF MONTEREY TO 4LEAF, INC. ***CIP/NCIP *** WHEREAS, the need exists for the City to obtain prompt professional construction management services to support the Capital Improvement Program (CIP), Neighborhood and Community Improvement Program (NCIP) and other municipal programs; WHEREAS, on November 27, 2023, a Request for Proposal was issued and advertised through OpenGov;
WHEREAS, fourteen (14) proposals were received on January 9, 2024. A selection committee, consisting of CIP and NCIP Engineering Division staff, independently evaluated and ranked the proposals;
WHEREAS, after deliberations, all fourteen (14) firms were ranked as follows, with the top five firms, Consor PMCM, Inc., CSG Consultants, Inc., Harris & Associates, Inc., 4LEAF, Inc., and Wallace Group, a California Corporation 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.

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

Council Regular Meeting, 4/16/2024, Item No. 7., Item Page 10, Packet Page 93 2 1. Awards a Professional Services Agreement for On-Call Construction Management Services for Projects for the City of Monterey to 4LEAF, 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 their 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, 4/16/2024, Item No. 7., Item Page 11, Packet Page 94 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 CONSTRUCTION MANAGEMENT PROFESSIONAL SERVICES FOR PROJECTS

WITHIN THE CITY OF MONTEREY TO WALLACE GROUP, A CALIFORNIA CORPORATION ***CIP/NCIP ***
WHEREAS, the need exists for the City to obtain prompt professional construction management services to support the Capital Improvement Program (CIP), Neighborhood and Community Improvement Program (NCIP) and other municipal programs; WHEREAS, on November 27, 2023, a Request for Proposal was issued and advertised through OpenGov;
WHEREAS, fourteen (14) proposals were received on January 9, 2024. A selection committee, consisting of CIP and NCIP Engineering Division staff, independently evaluated and ranked the proposals;
WHEREAS, after deliberations, all fourteen (14) firms were ranked as follows, with the top five firms, Consor PMCM, Inc., CSG Consultants, Inc., Harris & Associates, Inc., 4LEAF, Inc., and Wallace Group, a California Corporation 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.

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

Council Regular Meeting, 4/16/2024, Item No. 7., Item Page 12, Packet Page 95 2 1. Awards a Professional Services Agreement for On-Call Construction Management Services for Projects for the City of Monterey to Wallace Group, a California Corporation 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 their 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, 4/16/2024, Item No. 7., Item Page 13, Packet Page 96 ATTACHMENT 6
Project Name: Project Code:

Service Area:

Rater’s Name:

Criteria Max Points 4 Leaf ABB Ausonio Cobalt Consor CSG Harris IPS MNS Rebuild NJ SNG Studio 151 Wallace Wilsey Ham

1. Firm Qualifications and
Experience 20 18.3 8.3 10.7 4.3 18.3 18.7 18.3 7.0 19.0 0.7 12.0 8.3 16.7 10.7

2. Project References 20 20.0 10.0 18.8 18.7 20.0 17.3 12.0 10.0 17.8 0.0 18.0 19.4 17.4 17.7

3. Project Team 20 17.3 8.7 9.3 7.0 18.0 17.7 18.7 6.7 13.3 0.3 13.7 7.3 15.7 11.3

4. Approach to the Construction
Management:
30 23.3 9.3 21.7 10.3 28.7 29.3 28.7 13.7 19.7 1.0 16.0 6.3 27.0 13.7

5. Proposed Procedure and
Schedule for Task Orders: 10 7.0 3.7 7.7 5.0 8.3 8.7 9.0 4.7 5.3 0.3 6.7 5.7 6.3 2.7 Total Points: 100 86.0 40.0 68.1 45.4 93.3 91.6 86.7 42.0 75.1 2.3 66.3 47.1 83.1 56.0 Staff Date: 2/1/2024
Consultant Selection Evaluation Scorecard
On-Call Civil Construction Management Services N/A
Citywide Include On-Call Services: Yes Page 1 of 1 Capital Projects Division Council Regular Meeting, 4/16/2024, Item No. 7., Item Page 14, Packet Page 97 Council
Agenda Report
№08/22
FROM: Andrea Renny, P.E., PTOE, Public Works Director
Prepared By: Cody Hennings, Engineering Assistant
SUBJECT: Receive Alvarado Street Maintenance District 85-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council:

1. Accept the Engineer’s Report ordered by Resolution No. 24-020 C.S. as submitted;

2. Declare its intention to levy and collect an assessment against the properties within the Alvarado Street Maintenance District No. 85-1 as set forth in the Engineer’s Report;

3. Authorize the Finance Director, or their designee, to post the necessary administrative budget adjustments to the City’s financial system so the system matches the budget total presented in Part A of the Engineer’s Report; and

4. Set a public hearing for June 18, 2024 at 4:00 p.m. in the Council Chamber, Few Memorial Hall of Records, City Hall, Monterey, California to consider the levy of said assessment.

This is a property-based district in which liability for the assessment is premised upon a person’s property ownership.

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. 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.

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:

This action continues a process the City has followed since 1986 that establishes an annual assessment to repair and maintain improvements, and to add to these improvements as necessary, to meet the original intent of the districts.

Date: 4/16/2024
Item No.: 8.

Council Regular Meeting, 4/16/2024, Item No. 8., Item Page 1, Packet Page 98 This action supports the Council’s value drivers of “working to improve the quality of life of our residents,” and “ensuring a level of economic vitality sufficient to support our quality of life and municipal infrastructure requirements” by maintaining Alvarado Street at a high standard conducive to commerce and public enjoyment of the downtown area.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

The Alvarado Street Maintenance District funds maintenance above and beyond normal maintenance activities, with the cost of the improvements reasonably apportioned among the benefitted parcels. There is a deficit in the Maintenance District’s ending balance that will be applied to the FY24/25 budget. Consistent with Streets & Highways Code section 22656, a debit of $6,264.00 from the previous year's balance will be applied to the FY24/25 budget, and as a result, the assessment rate will be $1.88/linear foot/month.

Fees collected under this process must be for services that are over and above fees attributed to the general public. Prior to the establishment of the district, the City performed services and provided enhanced facilities in the Alvarado Street assessment area. The City established this cost and continues to pay for its "base year" maintenance costs escalated by the Consumer Price Index each year. For next fiscal year, the City’s "base year" portion will amount to $63,117.58. In addition to the base year costs, the City will be responsible for paying for the assessments for the City-owned parcels within the district.

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:

City Council could decide not to proceed with the reestablishment of this District. However, the assessment pays for maintenance of enhanced improvements that add to the character of the downtown and support commerce. If the maintenance district were to expire without being annually re-imposed then the City would not have dedicated funds to maintain the enhanced improvements on Alvarado Street at the same level of service. Additionally, if in the future the City wished to re-create a maintenance district it would require the additional work of Council Regular Meeting, 4/16/2024, Item No. 8., Item Page 2, Packet Page 99 establishing a new maintenance district, including conducting a vote by the property owners which could fail.

DISCUSSION:

The Alvarado Street Maintenance District 85-1 was formed on April 11, 1985, pursuant to the Landscaping and Lighting Act of 1972 (Streets & Highways Code section 22500 et seq.). The purpose of the District is to make minor improvements along the length of Alvarado Street identified in the report. All parcels that receive a special benefit have been identified and included in the report.

The staff recommendation continues a legal process, which began at the Council's meeting of February 20, 2024, when the Council ordered the preparation of the Engineer's Report to establish the annual assessment for the maintenance of Alvarado Street improvements. The Engineer’s report separates the general benefits to the public at large from the special benefits the assessed parcels will receive. Property-based assessments may only be used to pay for the special benefits provided by the improvements and activities of a district and may not be used for general benefits. (California Constitution Art XIIID 4(a).) Therefore, the Engineer’s Report must separate and quantify the special and general benefits and assess property owners only for the portion of the costs representing special benefits.

Staff met with the Assessment District Coordinator and Property Owners on February 26th and March 29th, 2024. At the meetings, staff presented information on the current assessment of district services. The current level of service for sidewalk cleaning is approximately 635 hours/year, or 12.2 hours/week. The district services include charging City administrative costs for the assessment district. The assessment district maintains current contractual and capital outlay items. The services include an assessment district coordinator, grounds maintenance, sidewalk cleanings, plant material and pots, tree light maintenance and energy, and minor painting (of benches, pots, and light poles). Members of the District recommended continuing the current level of service.

Upon receipt of the Engineer’s Report, staff recommends holding a public hearing on June 18, 2024, at 4:00 p.m. regarding the report. The approval process requires 45 days prior notice of a public hearing for this assessment. After the public hearing, if a majority protest is not received, Council will be asked to adopt a resolution certifying compliance with state law concerning the assessment and ordering that it be filed with the County Auditor's office prior to the County’s August 1, 2024, deadline. A majority protest is measured by the areas of the parcels owned by those who are not in favor of the assessment. In other words, ballots received are weighted so that parcels proposed to have a larger assessment count more. It is not a “one parcel, one vote” proceeding. Unless a majority of the weighted ballots are in favor of the proposed assessment, the City may not impose the assessment. A majority protest exists if 50% plus one of the record owners of the parcels subject to the change submit a timely written protest. To be timely, the written protest must be submitted prior to the conclusion of the public hearing.

Therefore, staff recommends that the City Council:

1. Accept the Engineer’s Report ordered by Resolution No. 24-020 C.S. as submitted; Council Regular Meeting, 4/16/2024, Item No. 8., Item Page 3, Packet Page 100

2. Declare its intention to levy and collect an assessment against the properties within the Alvarado Street Maintenance District No. 85-1 as set forth in the Engineer’s Report;

4. Set a public hearing for June 18, 2024 at 4:00 p.m. in the Council Chamber, Few Memorial Hall of Records, City Hall, Monterey, California to consider the levy of said assessment.

CH/mb
Attachments: 1. Resolution

2. Exhibit A: Engineers Report
e: Peter Cofresi, Executive Director, Old Monterey Business Association 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, 4/16/2024, Item No. 8., Item Page 4, Packet Page 101 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
RECEIVING ALVARADO STREET MAINTENANCE DISTRICT 85-1 ENGINEER'S REPORT; ADOPTING A RESOLUTION OF INTENTION TO LEVY ASSESSMENT; AND SETTING TIME

FOR PUBLIC HEARING
WHEREAS, the Alvarado Street Maintenance District was established in 1985 to maintain improvements and fund beneficial improvements on Alvarado Street; WHEREAS, the general description of the district boundaries is Alvarado Street between Munras and Del Monte Avenue, and Alvarado Mall between Del Monte Avenue and Custom House Plaza, City of Monterey, County of Monterey, State of California. The initial proceedings for formation of the district, on file in the office of the Clerk of the City of Monterey, are referred to for a detailed description of the district boundaries and improvements; WHEREAS, the cost of the improvements has been reasonably apportioned among the benefitted parcels, according to the special benefits;
WHEREAS, this maintenance work will result in a special benefit to the properties assessed by maintaining landscaping, providing cleaning of sidewalks and litter pickup; WHEREAS, the Alvarado Street Maintenance District has been renewed annually and has remained in effect since the establishment of the district; WHEREAS, the Alvarado Street Maintenance District funds maintenance, which contributes to a clean and safe environment conducive to commerce; WHEREAS, consistent with Streets & Highways Code section 22656, a deficit debit from the previous year ending balance will be applied to this year’s assessment, which results in an assessment rate of $1.88; 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, 4/16/2024, Item No. 8., Item Page 5, Packet Page 102 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.

BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it:

1. Accepts the Engineer’s Report ordered by Resolution No. 24-020 C.S. as submitted.

2. Declares its intention to levy and collect an assessment against the properties within the Alvarado Street Maintenance District No. 85-1 as set forth in the Engineer’s Report.

3. Authorizes the Finance Director, or their designee, to post the necessary administrative budget adjustments to the City’s financial system so the system matches the budget total presented in Part A of the Engineer’s Report.

4. Sets a public hearing for June 18, 2024 at 4:00 p.m. in the Council Chamber, Few Memorial Hall of Records, City Hall, Monterey, California to consider the levy of said assessment. The assessment is subject to a majority protest voting procedure. A majority protest is measured by the areas of the parcels owned by those who are not in favor of the assessment. Protest may be in writing only. All interested parties may also file a written report with the Clerk of the City of Monterey prior to said hearing.

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, 4/16/2024, Item No. 8., Item Page 6, Packet Page 103 1 ENGINEER'S REPORT
ALVARADO STREET MAINTENANCE DISTRICT 85-1
PROPOSED ASSESSMENT FOR FY 2024/2025
(Pursuant to the Landscaping and Lighting Act of 1972)
Andrea Renny, P.E., PTOE, Public Works Director, Engineer of Work for the Alvarado Street Maintenance District, City of Monterey, Monterey County, California, makes this report, as directed by the City Council, pursuant to Section 22585 of the Streets and Highways Code (Landscaping and Lighting Act of 1972).

The improvements, which are the subject of this report are briefly described as follows:

The maintenance activities of: sidewalk cleaning, litter pickup, landscaping, and street lighting facilities installed pursuant to the Alvarado Street Improvement Assessment District.

This report consists of five parts as follows:

PART A - An estimate of the cost of the improvements.

PART B - An assessment of the estimated cost of the improvements on each benefited parcel of land within the assessment district.

PART C - A statement of the method by which the undersigned has determined the amount proposed to be assessed against each parcel.

PART D - A list of the names and addresses of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Clerk. The list is keyed to Part C by assessment number.

PART E - A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part B by assessment number.

Respectfully submitted,
Andrea Renny, P.E., PTOE
Engineer of Work
Exhibit A
Council Regular Meeting, 4/16/2024, Item No. 8., Item Page 7, Packet Page 104 2 ENGINEER'S REPORT
ALVARADO STREET MAINTENANCE DISTRICT 85-1
(Pursuant to the Landscaping and Lighting Act of 1972)
The undersigned respectfully submits the enclosed report as directed by the City Council.

Dated: _________________ Andrea Renny, Public Works Director City of Monterey, Engineer of Work
By:_______________________________
I HEREBY CERTIFY that the enclosed Engineer's Report together with Assessment and Assessment Diagram thereto attached, was filed with me on the _____ day of ___________, 2023.

CLEMENTINE BONNER KLEIN, City Clerk
City of Monterey, Monterey County, California
By:___________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Monterey, California on the ______ day of _____________, 2024.

CLEMENTINE BONNER KLEIN, City Clerk
City of Monterey, Monterey County, California
By:___________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Monterey on the ________ day of ____________, 2024.

CLEMENTINE BONNER KLEIN, City Clerk
City of Monterey, Monterey County, California
By:___________________________
Exhibit A
Council Regular Meeting, 4/16/2024, Item No. 8., Item Page 8, Packet Page 105 ALVARADO STREET MAINTENANCE DISTRICT 85-1
Estimated Costs for FY 2024/2025
3/18/2024

ACCOUNT ENGINEER'S BUDGET
Personnel
Wages $23,558.40
Benefits $10,751.08
Retirement $11,226.35
SUB TOTAL $45,535.83
Operating supplies 4205 $2,722.00
Utilities 4211 $0.00
Contractual services 4220 $55,263.00
Street lighting 4236 $3,466.00
Vehicle rental 4621 $1,219.00
SUB TOTAL $62,670.00
Capital outlay-Special Projects 4285 $9,734.00
SUB TOTAL $9,734.00
TOTAL $117,939.83
Reduction of Total Cost by City Share ** (63,117.58)
June 30, 2023 District Deficit Debit per S&H Code 22656 6,264.00 $61,086.25
$1.88
Total LF of Frontage = 2713.35 LF
Contractual 4220 $6,250.00
$29,200.00
$3,600.00
$3,000.00
Tree trimming $900.00
City administrative cost $12,313.00
TOTAL $55,263.00
$3,400.00
$1,100.00
$500.00
Other District improvements $4,734.00
TOTAL $9,734.00
Basic Assessment District Cost: Provides current level of service for sidewalk cleaning and grounds maintenance, and allows the ability to pursue additional Capital Outlay.

Net amount to be assessed
Cost per LF/month
Sign repair
** City share for FY 23/24*CPI: $ 61,042.15*(1.034) = $ 63,117.58 CPI = 3.4% DEC 2023
Painting benches, pots, light
poles
Grounds maintenance
Sidewalk cleaning (16)
Assessment Dist. Coordinator
Capital Outlay - Special Projects Tree lights maintenance Landscape enhancements
PART A
Exhibit A
Council Regular Meeting, 4/16/2024, Item No. 8., Item Page 9, Packet Page 106 Assessment
Number Assessor Parcel Number Alvarado St. Frontage (ft) Percentage of Total
Alvarado St. Frontage Annual Assessment
1 001-572-019 123.83 4.56% $2,787.81
2 001-572-003 53.28 1.96% $1,199.50
3 001-572-004 111.24 4.10% $2,504.37
4 001-572-030 19.95 0.74% $449.14
5 001-572-029 52.75 1.94% $1,187.57
6 001-572-028 53.94 1.99% $1,214.36
7 001-572-009 52 1.92% $1,170.69
8 001-572-010 52.05 1.92% $1,171.81
9 001-572-020 25.26 0.93% $568.68
10 001-572-021 43.57 1.61% $980.90
11 001-572-013 67.5 2.49% $1,519.64
12 001-572-022 33.72 1.24% $759.15
13 001-572-025 92.8 3.42% $2,089.23
14 001-572-017 20 0.74% $450.26
15 001-385-005 31 1.14% $697.91
16 001-385-002 106.48 3.92% $2,397.21
17 001-385-001 101.72 3.75% $2,290.04
18 001-567-019 269.2 9.92% $6,060.56
19 001-567-014 380.49 14.02% $8,566.06
20 001-386-001 194.01 7.15% $4,367.79
21 001-386-002 40 1.47% $900.53
22 001-386-003 50 1.84% $1,125.66
23 001-388-001 70.5 2.60% $1,587.18
24 001-573-015 27.15 1.00% $611.23
25 001-573-006 86.98 3.21% $1,958.20
26 001-573-005 50 1.84% $1,125.66
27 001-573-003 21 0.77% $472.78
28 001-573-002 23.25 0.86% $523.43
29 001-573-012 36.25 1.34% $816.10
30 001-574-011 30 1.11% $675.40
31 001-574-028 82.6 3.04% $1,859.59
32 001-574-029 115.94 4.27% $2,610.18
33 001-574-030 64.99 2.40% $1,463.13
34 001-574-004 19.92 0.73% $448.46
35 001-574-016 49.04 1.81% $1,104.05
36 001-574-012 60.94 2.25% $1,371.96
Totals 2713.35 100.00% $61,086.25
FY 24/25 Assessment will be $1.88/LF/month
ALVARADO STREET MAINTENANCE DISTRICT 85-1
Annual Assessment for FY 2024/2025
PART B
Exhibit A
Council Regular Meeting, 4/16/2024, Item No. 8., Item Page 10, Packet Page 107 PART C

METHOD OF ALLOCATING COSTS ON THE BASIS OF BENEFIT
ALVARADO STREET MAINTENANCE DISTRICT 85-1
FISCAL YEAR 2024/2025
The method utilized to allocate the costs associated with the benefits of the district shall be based upon lineal footage of frontage. The total cost necessary to be collected will be divided by the total frontage of the district. This will result in a cost per lineal foot. This amount will be multiplied by the lineal footage of each property frontage on Alvarado Street and Alvarado Mall.

The cost per lineal foot of frontage for the FY 2024/2025 is $1.88 per month.

Exhibit A
Council Regular Meeting, 4/16/2024, Item No. 8., Item Page 11, Packet Page 108 # APN PARCEL ADDRESS OWNER NAME
1 001-572-019 486 Alvarado Street Chyr Robert Y TR 3436 Peachwillow Lane Walnut Creek, CA 94598 2 001-572-003 482 Alvarado Street Songs Dental Studio INC 499 Calle Principal, Suite 4 Monterey, CA 93940 3 001-572-004 464 Alvarado Street Tyler Taren TR ET AL 3987 Missouri Flat Road, Suite 340-324 Placerville, CA 95667 4 001-572-030 462 Alvarado Street Davi Anthony G TR PO Box 2350 Monterey, CA 93940 5 001-572-029 458 Alvarado Street Davi Anthony G TR PO Box 2350 Monterey, CA 93940 6 001-572-028 452 Alvarado Street Davi Anthony G TR PO Box 2350 Monterey, CA 93940 7 001-572-009 440 Alvarado Street Bonifacio Plaza Associates 801 Lighthouse Ave, Suite 109 Monterey, CA 93940 8 001-572-010 434 Alvarado Street Teaby John E & Moraz Andrea TRS 57 Castro Road Monterey, CA 93940 9 001-572-020 432 Alvarado Street Silacci Family Investment LLC 110 John Street Salinas, CA 93901 10 001-572-021 426 Alvarado Street FRE 553 LLC PO Box 5903 Carmel, CA 93921 11 001-572-013 416 Alvarado Street Singh Dheeraj & Suvarna 6590 Tam Oshanter Drive San Jose, CA 95120 12 001-572-022 414 Alvarado Street Sanchez Adobe LLC 39 Wharf No 1 Monterey, CA 93940 13 001-572-025 406 Alvarado Street PRI LLC 2905 Burton Drive Cambria, CA 93428 14 001-572-017 400 Alvarado Street JMDJ Company 165 West Franklin Street Monterey, CA 93940 15 001-385-005 398 Alvarado Street Ordway Buildings LLC 888 Munras Avenue, Suite 200 Monterey, CA 93940 16 001-385-002 351 Calle Principal City of Monterey 580 Pacific Street Monterey, CA 93940 17 001-385-001 316 Alvarado Street JMDJ Company 165 West Franklin Street Monterey, CA 93940 18 001-567-019 2 Portola Plaza Custom House Hotel Co LTD 2 Portola Plaza Monterey, CA 93940 19 001-567-014 201 Alvarado Street Custom House Hotel Co LTD 2 Portola Plaza Monterey, CA 93940 20 001-386-001 301 Alvarado Street Paseo De Alvarado Associates PO Box 2350 Monterey, CA 93942 21 001-386-002 399 Alvarado Street WFC Holdings Corporation PO Box 2609 Carlsbad, CA 92018 22 001-386-003 399 Alvarado Street WFC Holdings Corporation PO Box 2609 Carlsbad, CA 92018 23 001-388-001 401 Alvarado Street 401 Alvarado LLC 101 Laurel Street San Franciso, CA 94118 24 001-573-015 409 Alvarado Street JMDJ Company 165 West Franklin Street Monterey, CA 93940 25 001-573-006 417 Alvarado Street Monterey Historical Development LLC 417 Alvarado Street Monterey, CA 93940 26 001-573-005 423 Alvarado Street Carmel TDK LLC 25459 Carmel Knolls Drive Carmel, CA 93921 27 001-573-003 429 Alvarado Street Davi Anthony G TR PO Box 2350 Monterey, CA 93940 28 001-573-002 435 Alvarado Street Beck Stuart B & Ivancko D TRS PO Box 87 Monterey, CA 93942 29 001-573-012 439 Alvarado Street Davi Real Estate LLC PO Box 2350 Monterey, CA 93940 30 001-574-011 447 Bonifacio Place Old Capitol Land Company PO Box 107 Monterey, CA 93940 31 001-574-028 449 Alvarado Street NTMA 16 LP 2 Dorey Way Monterey, CA 93940 32 001-574-029 459 Alvarado Street Saucito Land Company PO Box 87 Monterey, CA 93942 33 001-574-030 475 Alvarado Street Saucito Land Company PO Box 87 Monterey, CA 93942 34 001-574-004 481 Alvarado Street Romeka Christina M TR ET AL PO Box 3311 Monterey, CA 93942 35 001-574-016 487 Alvarado Street Churchill Monica M TR 124 Soledad Drive Monterey, CA 93940 36 001-574-012 499 Alvarado Street ACV Associates 53 Skyline Crest Monterey, CA 93940

MAILING ADDRESS
ALVARADO MAINTENANCE DISTRICT 85-1
PART D
2024
Exhibit A
Council Regular Meeting, 4/16/2024, Item No. 8., Item Page 12, Packet Page 109 ASSESSMENT DISTRICTS MAP.DWG SCALE: DEPARTMENT OF PLANS AND PUBLIC WORKS CITY OF MONTEREY NO. DATE REVISION DATE: SHEET: DESIGNED BY: DRAWN BY: CHECKED BY: CAD DWG NAME: TEL: 831.646.3921 WEBSITE: WWW.MONTEREY.ORG 580 PACIFIC STREET, MONTEREY, CA 93940 SHEET 1 OF 1 ALVARADO STREET PART E MAINTENANCE ASSESSMENT DISTRICT 85-1 ASSESSMENT DISTRICT 85-1 - PART E - ALVARADO ST - C1 SWJFG JFG C-1 APR 19, 2016 NOT TO SCALE 26 25 24 23 22 21 20 19 27 28 33 32 31 30 29 34 36 35 13 14 15 16 17 18 12 10 11 9 1 2 3 4 5 6 7 8CALLE PRINCIPAL ALVARADO STREET TYLER STREET

BONIFACIO PLACE

FRANKLIN STREET

DEL MONTE AVENUE PEARL STREET
PACIFIC STREET ASSESSMENT NUMBER ASSESSOR PARCEL NUMBER FRONTAGE (FT) 1 001-572-019 123.83 2 001-572-003 53.28 3 001-572-004 111.24 4 001-572-030 19.95 5 001-572-029 52.75 6 001-572-028 53.94 7 001-572-009 52.0 8 001-572-010 52.05 9 001-572-020 25.26 10 001-572-021 43.57 11 001-572-013 67.5 12 001-572-022 33.72 13 001-572-025 92.6 14 001-572-017 20 15 001-385-005 31 16 001-385-002 106.48 17 001-385-001 101.72 18 001-567-019 269.20 19 001-567-014 380.49 20 001-386-001 194.01 21 001-386-002 40 22 001-386-003 50 23 001-388-001 70.3 24 001-573-015 27.15 25 001-573-006 86.98 26 001-573-005 50 27 001-573-003 21 28 001-573-002 23.25 29 001-573-012 36.25 30 001-574-011 30 31 001-574-028 82.6 32 001-574-029 115.94 33 001-574-030 64.99 34 001-574-004 19.92 35 001-574-016 49.04 36 001-574-012 60.94 LEGEND ASSESSMENT DISTRICT BOUNDARY PROPERTY BOUNDARY # ASSESSMENT NUMBER PART E Exhibit A Council Regular Meeting, 4/16/2024, Item No. 8., Item Page 13, Packet Page 110 Council
Agenda Report
№08/22
FROM: Andrea Renny, P.E., PTOE, Public Works Director
Prepared By: Cody Hennings, Engineering Assistant
SUBJECT: Receive Calle Principal Street Maintenance District 00-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council:

1. Accept the Engineer’s Report ordered by Resolution No. 24-021 C.S. as submitted;

2. Declare its intention to levy and collect an assessment against the properties within the Calle Principal Street Maintenance District No. 00-1 as set forth in the Engineer’s Report;

4. Set a public hearing for June 18, 2024 at 4:00 p.m. in the Council Chamber, Few Memorial Hall of Records, City Hall, Monterey, California to consider the levy of said assessment.

This is a property-based district in which liability for the assessment is premised upon a person’s property ownership.

VALUE DRIVERS:

Date: 4/16/2024
Item No.: 9.

Council Regular Meeting, 4/16/2024, Item No. 9., Item Page 1, Packet Page 111 POLICY IMPLICATIONS:

This action continues a process the City has followed since 2000 that establishes an annual assessment to repair and maintain improvements, and to add to these improvements as necessary, to meet the original intent of the district's formation. The Calle Principal Street Maintenance District was formed under the 1972 Landscaping and Lighting Act (Streets & Highways Code section 22500 et seq.), which authorizes assessments to install, construct, and maintain landscaping, lighting, and park and recreational facilities, including graffiti removal.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

The Calle Principal Street Maintenance District funds maintenance above and beyond normal maintenance activities, with the cost of the improvements reasonably apportioned among the benefitted parcels. General benefits to the public at large are not paid from special assessments. There is a deficit in the Maintenance District’s ending balance that will be applied to the FY24/25 budget. Consistent with Streets& Highways Code section 22656, a deficit of $4,080.00 from the previous year balance will be applied as a debit against the assessment district at the end of the fiscal year. As a result, the assessment rate will be $1.05/linear foot/month. The City of Monterey will be responsible for paying for the assessments for the Cityowned parcels within the district. Funds for this will come from:
 The Parking Fund for the Calle Principal garage and surface lot;  The General Fund for the park parcel frontage; and the City-owned portion of the assessment for 408 Alvarado Street (Monterey Hotel).

ENVIRONMENTAL DETERMINATION:

ALTERNATIVES CONSIDERED:

City Council could decide not to proceed with the reestablishment of this District. However, the assessment pays for maintenance of improvements that add to the character of the downtown and support commerce. If the maintenance district were to expire without being annually reimposed then the City would not have dedicated funds to maintain the enhancements to the same level of service. Additionally, if in the future the City wished to recreate a maintenance Council Regular Meeting, 4/16/2024, Item No. 9., Item Page 2, Packet Page 112 district it would require the additional work of establishing a new maintenance district, including conducting a vote by the property owners which could fail to pass.

DISCUSSION:

The Calle Principal Maintenance District 00-1 was established in 2000 under the 1972 Landscape and Lighting Act (Streets and Highways Code section 22500 et seq.), which authorizes assessments to install, construct, and maintain landscaping, lighting and park and recreation facilities, including graffiti removal. The boundaries of the District include the entire length of Calle Principal. All parcels that receive a special benefit have been identified and included in the report.

The staff recommendation continues a legal process, which began at the Council's meeting of February 20, 2024 when the Council ordered the preparation of the Engineer's Report to establish the annual assessment for the maintenance of Calle Principal Improvements. The Engineer’s Report separates the general benefits to the public at large from the special benefits the assessed parcels will receive. Property based assessments may only be used to pay for the special benefits provided by the improvements and activities of a district and may not be used to pay for general benefits. (California Constitution Art XIIID §4(a).) Therefore, the Engineer’s Report must separate and quantify the special and general benefits and assess property owners only for the portion of the cost representing special benefits.

Staff met with the Assessment District Coordinator and Property Owners on February 26th and March 29th, 2024. At the meetings, staff presented the information on the current assessment district services and the current level of service for quarterly sidewalk cleaning. The district services include charging City administrative cost for the assessment district. The assessment district maintains current contractual and capital outlay items. The services includes an assessment district coordinator, grounds maintenance, sidewalk cleanings, plant material and pots. Members of the District recommended continuing the current level of service.

Upon receipt of the Engineer’s Report, staff recommends holding a public hearing on June 18, 2024 at 4:00 p.m. regarding the report. The approval process requires 45 days’ prior notice of a public hearing for this assessment. After the public hearing, if a majority protest is not received, Council will be asked to adopt a resolution certifying compliance with State law relating to the assessment prior to the County’s August 1, 2024 deadline. A majority protest is measured by the areas of the parcels owned by those who are not in favor of the assessment. In other words, ballots received are weighted so that parcels proposed to have a larger assessment count more. It is not a “one parcel, one vote” proceeding. Unless a majority of the weighted ballots are in favor of the proposed assessment, the City may not impose the assessment. A majority protest exists if 50% plus one of the record owners of the parcels subject to the charge submit a timely written protest. To be timely, the written protest must be submitted prior to the conclusion of the public hearing.

Therefore, staff recommends that the City Council:

1. Accept the Engineer’s Report ordered by Resolution No. 24-021 C.S. as submitted; Council Regular Meeting, 4/16/2024, Item No. 9., Item Page 3, Packet Page 113

2. Declare its intention to levy and collect an assessment against the properties within the Calle Principal Street Maintenance District No. 00-1 as set forth in the Engineer’s Report;

4. Set a public hearing for June 18, 2024 at 4:00 p.m. in the Council Chamber, Few Memorial Hall of Records, City Hall, Monterey, California to consider the levy of said assessment.

CH/mb
Attachments: 1. Resolution

2. Exhibit A: Engineer’s Report
e: Peter Cofresi, Executive Director, Old Monterey Business Association 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, 4/16/2024, Item No. 9., Item Page 4, Packet Page 114 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
RECEIVING CALLE PRINCIPAL STREET MAINTENANCE DISTRICT 00-1 ENGINEER'S REPORT; ADOPTING A RESOLUTION OF INTENTION TO LEVY ASSESSMENT; AND

SETTING TIME FOR PUBLIC HEARING
WHEREAS, the Calle Principal Maintenance District was established in 2000 under the 1972 Landscaping and Lighting Act (Streets & Highways Code section 22500 et seq.), which authorizes the assessment to install, construct, and maintain landscaping, lighting, and park and recreational facilities, including graffiti removal on Calle Principal; WHEREAS, the general description of the district boundaries is Calle Principal between Del Monte Avenue and Polk Street in the City of Monterey, County of Monterey, State of California. The initial proceedings for formation of the district, on file in the office of the Clerk of the City of Monterey, are referred to for a detailed description of the district boundaries and improvements;
WHEREAS, the cost of the improvements has been reasonably apportioned among the benefitted parcels, according to the special benefits;
WHEREAS, this maintenance work will result in a special benefit to the properties assessed by maintaining landscaping, providing cleaning of sidewalks and litter pickup; WHEREAS, the Calle Principal Maintenance District has been renewed annually and has remained in effect since the establishment of the district; WHEREAS, all parcels that receive a special benefit are included in the district and the cost of the benefits are reasonably apportioned among the benefitted parcels according to special benefits;
WHEREAS, general benefits available to the public at large are not paid from special assessments;
WHEREAS, the Calle Principal Maintenance District funds maintenance, which contributes to a clean and safe environment conducive to commerce; WHEREAS, a deficit debit from the previous year ending balance will be applied to this year’s assessment consistent with Streets & Highways Code section 22656, which results in an assessment rate of $1.05/linear foot/month; 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 Council Regular Meeting, 4/16/2024, Item No. 9., Item Page 5, Packet Page 115 2 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.

BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby

1. Accepts the Engineer’s Report ordered by Resolution No. 24-021 C.S. as submitted.

2. Declares its intention to levy and collect an assessment against the properties within the Calle Principal Street Maintenance District No. 00-1 as set forth in the Engineer’s Report.

4. Set a public hearing for June 18, 2024 at 4:00 p.m. in the Council Chamber, Few Memorial Hall of Records, City Hall, Monterey, California to consider the levy of said assessment. The assessment is subject a majority protest voting procedure. A majority protest is measured by the areas of the parcels owned by those who are not in favor of the assessment. Protest may be in writing only. All interested parties may also file a written report with the Clerk of the City of Monterey prior to said hearing.

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, 4/16/2024, Item No. 9., Item Page 6, Packet Page 116 1 ENGINEER'S REPORT
CALLE PRINCIPAL MAINTENANCE DISTRICT 00-1
PROPOSED ASSESSMENT FOR FY 2024/2025
(Pursuant to the Landscaping and Lighting Act of 1972)
Andrea Renny, P.E., PTOE, Public Works Director, Engineer of Work for the Calle Principal Maintenance District, City of Monterey, Monterey County, California, makes this report, as directed by the City Council, pursuant to Section 22585 of the Streets and Highways Code (Landscaping and Lighting Act of 1972).

The improvements, which are the subject of this report are briefly described as follows:

The maintenance and installation, including but not limited to, street improvements, landscaping and street furniture, cleaning of sidewalks, upgrading street trees, and litter pickup on Calle Principal between Del Monte Avenue and Polk Street, and side streets of Franklin Street and Bonifacio Plaza.

This report consists of five parts as follows:

PART A - An estimate of the cost of the improvements.

PART B - An assessment of the estimated cost of the improvements on each benefited parcel of land within the assessment district.

PART C - A statement of the method by which the undersigned has determined the amount proposed to be assessed against each parcel.

PART E - A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part B by assessment number.

Respectfully submitted,
Andrea Renny , P.E., PTOE
Engineer of Work
Exhibit A
Council Regular Meeting, 4/16/2024, Item No. 9., Item Page 7, Packet Page 117 2 ENGINEER'S REPORT
CALLE PRINCIPAL MAINTENANCE DISTRICT 00-1
(Pursuant to the Landscaping and Lighting Act of 1972)
The undersigned respectfully submits the enclosed report as directed by the City Council.

CLEMENTINE BONNER KLEIN, City Clerk
City of Monterey, Monterey County, California
By:___________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Monterey on the ________ day of ____________, 2024.

CLEMENTINE BONNER KLEIN, City Clerk
City of Monterey, Monterey County, California
By:___________________________
Exhibit A
Council Regular Meeting, 4/16/2024, Item No. 9., Item Page 8, Packet Page 118 CALLE PRINCIPAL MAINTENANCE DISTRICT 00-1
Estimated Costs for FY 2021/2022
3/18/24

ACCOUNT ENGINEER'S BUDGET
Personnel
Salaries $7,852.80
Benefits $3,583.80
Retirement $4,415.59
SUB TOTAL $15,852.19
Operating supplies 4205 $425.00
Utilities 4211 $0.00
Contractual services 4220 $14,641.00
Vehicle rental 4248 $511.00
SUB TOTAL $15,577.00
Capital outlay-Special Projects 4285 $195.00
SUB TOTAL $195.00
Assessment cost TOTAL $31,624.19
June 30, 2023 District Deficit Debit per S&H Code 22656 4,080.00 $35,704.19
$1.05
Total Lineal Feet (LF) of Frontage = 2842.68 LF
Contractual 4220 $250.00
$4,800.00
$1,200.00
$8,391.00
SUB TOTAL $14,641.00
Capital Outlay / Special Project 4285 $195.00
SUB TOTAL $195.00
Sidewalk cleaning (4)
Assessment Dist Coordinator
City administrative cost
Other District improvements
Grounds maintenance
Basic Assessment District Cost: Provides current level of service for sidewalk cleaning and grounds maintenance, and allows the ability to pursue additional Capital Outlay.

Net amount to be assessed
Cost per LF/month
PART A
Exhibit A
Council Regular Meeting, 4/16/2024, Item No. 9., Item Page 9, Packet Page 119 Assessment
Number Assessor Parcel Number
Calle Principal Frontage
(ft)
Percentage of Total
Calle Principal Frontage Annual Assessment
1 001-525-009 23 0.81% $288.88
2 001-525-006 40 1.41% $502.40
3 001-525-005 60 2.11% $753.60
4 001-525-022 53.3 1.87% $669.45
5 001-525-021 86.5 3.04% $1,086.44
6 001-525-003 42 1.48% $527.52
7 001-525-002 59 2.08% $741.04
8 001-525-020 146.1 5.14% $1,835.02
9 001-534-010 40.78 1.43% $512.20
10 001-534-009 85 2.99% $1,067.60
11 001-534-008 69.77 2.45% $876.31
12 001-534-007 69.77 2.45% $876.31
13 001-534-011 176.66 6.21% $2,218.86
14 001-535-001 60 2.11% $753.60
15 001-534-001 35 1.23% $439.60
16 001-534-003 50 1.76% $628.00
17 001-534-002 71.8 2.53% $901.81
18 001-384-003 303.7 10.68% $3,814.49
19 001-385-001 102.01 3.59% $1,281.25
20 001-385-002 138.47 4.87% $1,739.19
21 001-385-004 20.23 0.71% $254.09
22 001-385-0005 45 1.58% $565.20
23 001-572-017 20.31 0.71% $255.09
24 001-572-025 124.86 4.39% $1,568.25
25 001-572-013 69.16 2.43% $868.65
26 001-572-021 22.17 0.78% $278.46
27 001-572-020 35.58 1.25% $446.89
28 001-572-010 51 1.79% $640.56
29 001-572-009 50.99 1.79% $640.44
30 001-572-032 5.02 0.18% $63.05
31 001-572-031 122.56 4.31% $1,539.36
32 001-572-004 104.24 3.67% $1,309.26
33 001-572-003 61.75 2.17% $775.58
34 001-572-018 124.5 4.38% $1,563.73
35 001-571-004 32 1.13% $401.92
36 001-571-002 170.52 6.00% $2,141.74
37 001-571-001 69.93 2.46% $878.32
Totals 2842.68 100.00% $35,704.19
FY 24/25 Assessment will be $1.05/LF/month
PART B
Exhibit A
Council Regular Meeting, 4/16/2024, Item No. 9., Item Page 10, Packet Page 120 PART C

METHOD OF ALLOCATING COSTS ON THE BASIS OF BENEFIT
CALLE PRINCIPAL MAINTENANCE DISTRICT 00-1
FISCAL YEAR 2024/2025
The method utilized to allocate the costs associated with the benefits of the district shall be based upon lineal footage of frontage. The total cost necessary to be collected will be divided by the total frontage of the district. This will result in a cost per lineal foot. This amount will be multiplied by the lineal footage of each property frontage on Calle Principal.

The cost per lineal foot of frontage for the FY 2024/2025 is $0.74 per month.

Exhibit A
Council Regular Meeting, 4/16/2024, Item No. 9., Item Page 11, Packet Page 121 # APN PARCEL ADDRESS OWNER NAME
1 001-525-009 232 Madison Street Medina Joanna TR 4028 Sunset Lane Pebble Beach, CA 93953 2 001-525-006 590 Calle Principal State of California 2211 Garden Road Monterey, CA 93940 3 001-525-005 580 Calle Principal Monterey Museum of Art Association 559 Pacific Street Monterey, CA 93940 4 001-525-022 559 Calle Principal City of Monterey 580 Pacific Street Monterey, CA 93940 5 001-525-021 559 Calle Principal Monterey Museum of Art 559 Pacific Street Monterey, CA 93942 6 001-525-003 540 Calle Principal The House of the Four Winds Foundation PO Box 1408 Monterey, CA 93942 7 001-525-002 535 Pacific Street Monterey Masonic Temple Corporation 525 Pacific Street Monterey, CA 93940 8 001-525-020 464 Calle Principal State of California 2211 Garden Road Monterey, CA 93940 9 001-534-010 499 Pacific Street Rossman James M & Giovanna C TRS 700 Briggs 27 Pacific Grove, CA 93950 10 001-534-009 490 Calle Principal Hugo H & Linda TRS 583 Viejo Road Carmel, CA 93923 11 001-534-008 480 Calle Principal Hugo H & Linda TRS 583 Viejo Road Carmel, CA 93923 12 001-534-007 468 Calle Principal Craft Charles Nicholas TR ET AL PO Box 167 Carmel Valley, CA 93924 13 001-534-011 438 Calle Principal City of Monterey 580 Pacific Street Monterey, CA 93940 14 001-535-001 426 Calle Principal Casa De Calle Principal INC ET AL 426 Calle Principal, Suite 203 Monterey, CA 93940 15 001-534-001 410 Calle Principal Middlebury Institute of International Studies 460 Pierce Street Monterey, CA 93940 16 001-534-003 414 Calle Principal Professional Building of Monterey PO Box 3080 Monterey, CA 93942 17 001-534-002 201 West Franklin Street Professional Building of Monterey PO Box 3080 Monterey, CA 93942 18 001-384-003 350 Calle Principal San Carlos Associates LLC 1111 Third Avenue, Suite 3030 Seattle, WA 98101 19 001-385-001 316 Alvarado Street JMDJ Company 165 West Franklin Street Monterey, CA 93940 20 001-385-002 351 Calle Principal City of Monterey 580 Pacific Street Monterey, CA 93940 21 001-385-004 351 Calle Principal City of Monterey 580 Pacific Street Monterey, CA 93940 22 001-385-005 398 Alvarado Street Ordway Building LLC 888 Munras Avenue, Suite 200 Monterey, CA 93940 23 001-572-017 400 Alvarado Street JMDJ Company 165 West Franklin Street Monterey, CA 93940 24 001-572-025 417 Calle Principal PRI LLC 2905 Burton Drive Cambria, CA 93428 25 001-572-013 416 Alvarado Street Singh Dheeraj & Suvarna 6590 Tam Oshanter Drive San Jose, CA 95120 26 001-572-021 426 Alvarado Street FRE 553 LLC PO Box 5903 Carmel, CA 93921 27 001-572-020 432 Alvarado Street Silacci Family Investments LLC 110 John Street Salinas, CA 93901 28 001-572-010 434 Alvarado Street Teaby John E & Moraz Andrea TRS 57 Castro Road Monterey, CA 93940 29 001-572-009 440 Alvarado Street Bonifacio Plaza Associates 801 Lighthouse Avenue, Suite 109 Monterey, CA 93940 30 001-572-032 449 Calle Principal Davi Anthony G TR PO Box 2350 Monterey, CA 93940 31 001-572-031 449 Calle Principal Davi Anthony G TR PO Box 2350 Monterey, CA 93940 32 001-572-004 464 Alvarado Street Tylaer Taren TR ET AL 3987 Missouri Flat Road, STE 340-324 Placerville, CA 95667 33 001-572-003 482 Alvarado Street Songs Dental Studio Inc 499 Calle Principal, Suite 4 Monterey, CA 93940 34 001-572-018 Calle Principal (Parking) City of Monterey 580 Pacific Street Monterey, CA 93940 35 001-571-004 Calle Principal (Parking) City of Monterey 580 Pacific Street Monterey, CA 93940 36 001-571-002 516 Polk Street Casa Amesti Foundation 516 Polk Street Monterey, CA 93940 37 001-571-001 565 Calle Principal Callahan Wesley N TR ET AL 575 Calle Principal Monterey, CA 93940

MAILING ADDRESS
CALLE PRINCIPAL MAINTENANCE DISTRICT 00-1
2024
PART D
Exhibit A
Council Regular Meeting, 4/16/2024, Item No. 9., Item Page 12, Packet Page 122 ASSESSMENT DISTRICTS MAP.DWG SCALE: DEPARTMENT OF PLANS AND PUBLIC WORKS CITY OF MONTEREY NO. DATE REVISION DATE: SHEET: DESIGNED BY: DRAWN BY: CHECKED BY: CAD DWG NAME: TEL: 831.646.3921 WEBSITE: WWW.MONTEREY.ORG 580 PACIFIC STREET, MONTEREY, CA 93940 SHEET 1 OF 1 CALLE PRINCIPAL PART E MAINTENANCE ASSESSMENT DISTRICT 00-1 ASSESSMENT DISTRICT 00-1 - PART E - CALLE P - C1 SWJFG JFG C-1 APR 19, 2016 NOT TO SCALE 18 19 20 21 22 23 24 25 27 26 28 29 31 30 32 33 34 35 36 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 CALLE PRINCIPAL ALVARADO STREET

BONIFACIO PLACE

FRANKLIN STREET

DEL MONTE AVENUE

PEARL STREET
PACIFIC STREET LEGEND ASSESSMENT DISTRICT BOUNDARY PROPERTY BOUNDARY # ASSESSMENT NUMBER ASSESSMENT NUMBER ASSESSOR PARCEL NUMBER FRONTAGE (FT) 1 001-525-009 23 2 001-525-006 40 3 001-525-005 60 4 001-525-022 53.3 5 001-525-021 86.5 6 001-525-003 42 7 001-525-002 59 8 001-525-020 146.1 9 001-534-010 40.78 10 001-534-009 85.0 11 001-534-008 69.77 12 001-534-007 69.77 13 001-534-011 176.66 14 001-535-001 60 15 001-534-001 35 16 001-534-003 50 17 001-534-002 71.8 18 001-384-003 303.7 19 001-385-001 102.01 20 001-385-002 138.47 21 001-385-004 20.23 22 001-385-005 45 23 001-572-017 20.31 24 001-572-025 124.86 25 001-572-013 69.16 26 001-572-021 22.17 27 001-572-020 35.58 28 001-572-010 51 29 001-572-009 50.99 30 001-572-032 5.02 31 001-572-031 122.56 32 001-572-004 104.24 33 001-572-003 61.75 34 001-572-018 124.5 35 001-571-004 32.0 36 001-571-002 170.52 37 001-571-001 69.93

JEFFERSON STREET
POLK STREET 37

MADISON STREET
PART E
Exhibit A Council Regular Meeting, 4/16/2024, Item No. 9., Item Page 13, Packet Page 123 Council
Agenda Report
FROM: David J. Hober, Chief of Police
Prepared By: Michael Bruno, Assistant Chief of Police
SUBJECT: Receive Annual Report and Renew the Military Equipment Purchase and Use Ordinance – Monterey City Code, Chapter 27, Article 3, Section 27-10, and Authorize the Acquisition of Additional Military Equipment Including a Crisis Negotiating Team Command Vehicle, Two Pepper Ball Launchers, One Desert Tech SRS M2 Precision Rifle, and Replace Thirteen Patrol Rifles (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council find that the military equipment identified in the Monterey Police Department’s Annual Military Equipment Report has complied with the standards for approval set forth in the Military Equipment Use Policy; MPD Policy 706 – Military Equipment and the Military Equipment Inventory and renew the Military Equipment Purchase and Use Ordinance – Monterey City Code, Chapter 27, Article 3, Section 27-10. Also, to authorize the purchase of additional military equipment, including a Crisis Negotiating Team Command vehicle, two Pepper Ball launchers, one Desert Tech SRS M2 Precision Rifle, and replace 13 patrol rifles.

VALUE DRIVERS:

POLICY IMPLICATIONS:

Renewing an ordinance in compliance with state legislation related to the City’s Police Department acquisition and use of military equipment and the related MPD policy is consistent with the City Council’s Value Driver and Quality of Life Strategic Priorities: Recognize that public safety is a priority to ensure that our City is safe and welcoming to all, contributing to our economic vitality as a destination City. Prepare for emergencies and community resiliency.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

The financial considerations are listed in the attached Monterey Police Department Annual Military Equipment Report (May 2023 to May 2024), in initial and annual costs. All of these costs are funded through the existing police budget. Additionally, the MPD requests authorization to replace thirteen (13) patrol rifles, with an initial cost of approximately $33,000, and ongoing annual costs of approximately $1,500; one (1) Desert Tech SRS M2 Precision Date: 4/16/2024
Item No.: 10.

Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 1, Packet Page 124 №10/24
Rifle, with an initial cost of approximately $5,330, and an annual cost of approximately $2,000; and two (2) Pepper Ball launchers, with an initial cost of approximately $6,306, and with an annual cost of approximately $450. This equipment will be funded through the existing police budget.

ENVIRONMENTAL DETERMINATION:

ALTERNATIVES CONSIDERED:

Without Council approval, the Police Department’s ability to respond to critical incidents would be greatly diminished and would be detrimental to the safety of the public, involved parties, and public safety officers, and would increase the City’s risk exposure.

DISCUSSION:

On September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law. California Government Code §§ 7070, 7071, and 7072 codify the requirements established by AB 481 for law enforcement’s acquisition, use, and funding of “military equipment.” The information presented in this agenda report explains the Police Department’s compliance with the requirements of AB 481.

Initial approval – April 19, 2022
In enacting AB 481, the Legislature stated that the public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials to increase transparency, accountability, and oversight. The same applies to the public’s right to participate in any government agency’s decision to fund, acquire, or use such equipment.

The bill required law enforcement agencies that seek to continue the use of military equipment acquired prior to January 1, 2022, to receive approval from their governing body prior to May 1, 2022.

On April 19, 2022, the Monterey Police Department provided a report and presentation to the City Council related to Assembly Bill 481, MPD Policy 706 – Military Equipment and requested the creation of the Military Use and Purchase Ordinance. The Monterey City Council approved MPD Policy 706 – Military Equipment and the Military Equipment Inventory with Ordinance 3649 on April 19, 2022.

Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 2, Packet Page 125 №10/24
Annual Military Equipment Report – Every Year in April
Government Code § 7072 requires law enforcement agencies that received governing body approval for their military equipment use policy, to submit to their governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use.

The governing body shall annually review the Military Equipment Purchase and Use Ordinance and vote on whether to renew the ordinance at a regular meeting. During its review, the governing body shall consider the annual report and determine whether each type of military equipment has complied with specified standards for approval. Specifically, pursuant to Government Code section 7071(e)(2), the City Council may only approve the renewal of the ordinance if it determines:
(1) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (2) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(3) If purchasing the equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (4) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

May 2022 to May 2023
On April 18, 2023, the Monterey Police Department provided the City Council with the Annual Military Equipment Report and presentation related to Assembly Bill 481 and MPD Policy 706 – Military Equipment. The City Council renewed the Military Equipment Purchase and Use Ordinance – Monterey City Code, Chapter 27, Article 3, Section 27-10.

May 2023 to May 2024
The Monterey Police Department Annual Military Equipment Report (May 2023 to May 2024) is Attachment 3 to this Agenda.

Prior to the presentation for this year’s report, the Monterey Police Department hosted a Town Hall Meeting to offer an additional opportunity for the community to be informed about this topic on Monday, March 25, 2024, at 6 p.m., in the City Council Chambers. The Town Hall meeting was also streamed online via Zoom, YouTube, and through AMP (Channel 24).

Four (4) members of the community attended in person, and sixteen (16) attended online via Zoom. Of the sixteen (16) online viewers, eight (8) spoke. Unfortunately, at least seven (7) of the eight (8) individuals were “zoom-bombing” the Town Hall meeting. These individuals used racist, derogatory, and vile comments. One (1) individual spoke against the equipment Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 3, Packet Page 126 №10/24
however, he also used language that was consistent with the group of individuals involved in the “zoom-bombing.”
The four (4) members of the community that attended in person were supportive of the department’s equipment and procurement requests. One (1) of the four (4) members had questions regarding the department’s involvement in the federal 1033 program (military surplus equipment). When the community member learned the MPD did not participate in the 1033 program, the community member said the equipment the MPD owned seemed reasonable.

Background Information Related to the Equipment
The primary purpose of all equipment purchased by the Police Department is to save civilian lives, protect law enforcement personnel, reduce the risk for the City, and enhance public safety. Some of the items designated by AB 481 as “military equipment” have been in our Police Department’s equipment inventory for many years. Monterey Police Department policies and procedures govern the use, safe handling, storage, and qualification of the specified equipment.

Much of the equipment is part of the de-escalation process of Integrating Communications, Assessment, and Tactics (ICAT), which involves continuously evaluating the situation to attempt other techniques. The equipment may be used to create cover and distance and allow more time for decision-making processes. This allows the use of less-lethal tactics as part of a range of options to resolve a critical incident without using deadly force. These things allow officers to take in and constantly evaluate the totality of the circumstances, resulting in increased safety and reduced risk for everyone involved.

In addition, the California Peace Officer Standards and Training (POST) requirements for the operation and deployment of this equipment are managed by the Police Department’s Training Unit. As new tools are deployed, POST, internal training, vendor-provided training, or crosstraining among surrounding law enforcement agencies are implemented appropriately.

The MPD has leveraged federal and state grants and asset forfeiture programs through programs such as the Bullet Proof Vest Grant, Edward Byrne Justice Assistance Grant, Citizens’ Option for Public Safety Grant, State Homeland Security Grant, Urban Areas Security Initiative Grant, etc. to acquire the equipment described. The federal government also offers what is commonly known as the “1033 Program” to provide surplus military equipment to law enforcement agencies. That being said, the MPD has not applied for or received designated military equipment through the 1033 Program and it does not possess any equipment that it has obtained from the military. Regardless, some of MPD’s equipment qualifies as “military equipment” under the broad language of the 16 categories defined by Government Code § 7070.

Monterey Police Department Policy 706 - Military Equipment The Police Department’s policy manual (structured on the Lexipol policy manual framework) addresses the appropriate use and deployment of military equipment. Specifically, MPD Policy 706 – Military Equipment addresses the required parameters of the law. AB 481 requires law enforcement to publicly release a written policy document governing the use of military equipment. The Monterey City Council approved MPD Policy 706 by way of Monterey City Ordinance 3649 and the policy is posted on the Police Department’s webpage.

Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 4, Packet Page 127 №10/24
The approved Military Equipment Use Policy (Policy 706 – Military Equipment) is attachment 2 to this report. This policy includes an inventory of all qualifying equipment as an attachment, divided into three sections and described in more detail below:

Section One – Qualifying equipment owned/utilized by the Monterey Police Department. (California Government Code § 7070(c))
Section Two – Qualifying equipment owned/utilized by law enforcement agencies the MPD collaborates and/or participates with as part of the Monterey Peninsula Special Response Unit (MPRSRU). (California Government Code § 7071(a)(1)(d))
Section Three – Qualifying equipment that the MPD will be procuring if authorized. (California Government Code § 7071(a)(6))
This year, the MPD requests approval to procure the following:
 Category 10 – Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency:
o Request: to purchase thirteen (13) Colt semi-automatic patrol rifles and accessories (optic, sling, flashlight).
o Funding: the semi-automatic rifles will be funded using the existing MPD approved budget at an approximate total cost of $33,000. o Purposes and authorized use: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: (1) Situations where the member reasonably anticipates an armed encounter, (2) When a member is faced with a situation that may require accurate and effective fire at long range, (3) Situations where a member reasonably expects the need to meet or exceed a suspect’s firepower, (4) When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage, (5) When a member reasonably believes that a suspect may be wearing body armor. (6) When authorized or requested by a supervisor, (7) When needed to euthanize an animal.
o Rules that govern use: California Penal Code 33220(b), all other applicable State, Federal, and Local laws governing short-barreled rifles and police use of force. MPD Policies 300 – Use of Force, 306 – Firearms, 412 – Rapid Response and Deployment.
o Required training: California POST certified 16-hour patrol rifle course and 4 hours annually / qualification annually.
 Category 5 - Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units – Crisis Negotiation Team Command Vehicle. (Note – this item was approved by City Council in 2022 and 2023, as is required if requesting items through grant funding.

Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 5, Packet Page 128 №10/24
The UASI grant program is a two-year process and it is anticipated this item would be procured during FY 25).
o The MPRSRU Crisis Negotiations Team needs a mobile Negotiations Operations Center in a constant state of operational readiness to aid in the resolution of crisis incidents. The MPD has been working through the Federal UASI Grant Program to be approved for funding of this command vehicle. To proceed, the MPD needs approval from the Council to procure this piece of military equipment. (Already approved by Council in 2022 & 2023) o Costs - $200,000 reimbursed through the UASI Grant. The vehicle would be procured with City of Monterey funds in FY 25 and fully reimbursed through the UASI grant program. This grant has been approved through UASI. o Purposes and authorized use: This vehicle will provide a designated Negotiations Operations Center (NOC) in a constant state of operational readiness for the MPRSRU Crisis Negotiations Team that will aid in the resolution of crisis incidents. It would also be utilized for community outreach events such as National Night Out, public safety outreach, etc. o Rules that govern use: MPD Policy 404 – Monterey Peninsula Regional Special Response Unit.
o Required training: MPRSRU CNT provides internal training for staff members prior to allowing them to operate these vehicles. All MPRSRU CNT members are required to complete an initial POST certified 40-hour basic Hostage Negotiation course and 48 hours of annual training.
 Category 10 – Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency:
o Request: to purchase one (1) Desert Tech SRS M2 precision rifle. o Funding: the bolt-action rifle will be funded using the existing MPD approved budget at an approximate total cost of $5,330.
o Purposes and authorized use: This rifle is authorized for use by Precision Rifle/Observer SWAT Operator(s) only. It is deployed in conjunction with the Monterey Peninsula Regional Special Response Unit SWAT Team during highrisk incidents. o Rules that govern use: All applicable State, Federal, and Local laws governing police use of force. MPD Policies 300 – Use of Force, 306 – Firearms, 412 – Rapid Response and Deployment.
o Required training: All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually. MPRSRU Precision Rifle/Observers must also complete a 40 Post certified SWAT precision rifle/observer course and attend 120 hours of training annually.  Category 14 – (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons
o Request: to purchase two (2) Pepperball VKS Pro less lethal launcher(s) o Funding: the less lethal launcher will be funded using the existing MPD approved budget at an approximate total cost of $6,306.

Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 6, Packet Page 129 №10/24
o Purposes and authorized use: Less-lethal stand-off intervention with armed and/or violent individuals, suicidal individuals, individuals believed to possess or have immediate access to a deadly weapon or driving suspects from confined spaces or vehicles.
o Rules that govern use: All applicable State, Federal, and Local laws governing police use of force. MPD Policies 300 – Use of Force, 306 – Firearms, 303 – Control Devices and Techniques.
o Required training: Two (2) hours of initial training and (2) hours every (2) years (includes qualification)
Monterey Police Department Annual Military Equipment Report (May 2023 to May 2024) The Monterey Police Department Annual Military Equipment Report (May 2023 to May 2024) is attachment 3 to this report. This report includes an inventory of all qualifying military equipment as an attachment, which mirrors the inventory in MPD Policy 706 – Military Equipment, but expands to a report about the previous year, as described below.

Annually, the Police Department will prepare and present to the City Council an annual Military Equipment report and post it on the Police Department’s website within 30 days of the City Council meeting, where the following items are reviewed:
 The quantity possessed for each type of military equipment as of the date of the annual report;
 Summary of how the military equipment was used and the purpose of its use;  Summary of any concerns or complaints received involving the use of military equipment;
 The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response;  Total annual cost of each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs; and,  Acquisition plans (including the source of funds) for the coming year, type, and quantity.

DJH/mb
Attachments: 1. Resolution

2. MPD Policy 706 – Military Equipment

3. Monterey Police Department Annual Military Equipment Report (May 2023 to May 2024)
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, 4/16/2024, Item No. 10., Item Page 7, Packet Page 130 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№011/24

RECEIVE ANNUAL REPORT AND RENEW THE MILITARY EQUIPMENT PURCHASE AND USE ORDINANCEMONTEREY CITY CODE, CHAPTER 27, ARTICLE 3, SECTION 27-10, AND AUTHORIZE

ACQUISITION OF ADDITIONAL MILITARY EQUIPMENT INCLUDING A CRISIS

NEGOTIATING TEAM COMMAND VEHICLE, TWO PEPPER BALL LAUNCHERS, ONE DESERT TECH SRS M2 PRECISION RIFLE AND REPLACE THIRTEEN PATROL RIFLES WHEREAS, the Monterey City Council approved the Monterey Police Department Policy 706 – Military Equipment and the Military Equipment Inventory with Ordinance 3649 on April 19, 2022 and renewed on April 18, 2023;
WHEREAS, the Monterey Police Department’s Annual Military Equipment Report complies with the standards for approval set forth in the Military Equipment Use Policy; MPD Policy 706 – Military Equipment and Military Equipment Inventory, and California Government Code Sections 7070, 7071, and 7072 for law enforcement’s acquisition, use, and funding of “military equipment”;
WHEREAS, Prior to the presentation for this year’s report, the Monterey Police Department hosted a Town Hall Meeting to offer an additional opportunity for the community to be informed about this topic on Monday, March 25, 2024, at 6 p.m., in the City Council Chambers. The Town Hall meeting was also streamed online via Zoom and through AMP; WHEREAS, Government Code § 7072 requires law enforcement agencies that received approval for their military equipment use policy, to submit to their governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The governing body shall review the Military Equipment Purchase and Use Ordinance and vote on whether to renew the ordinance at a regular meeting. During its review, the governing body shall consider the annual report and determine whether each type of military equipment has complied with specified standards for approval; WHEREAS, the primary purpose of all equipment purchased by the Police Department is to save civilian lives, protect law enforcement personnel, reduce the risk for the City and enhance public safety. Some of the items designated by AB 481 as “military equipment” have been in our Police Department’s equipment inventory for many years. Monterey Police Department policies and procedures govern the use, safe handling, storage, and qualification of the specified equipment. Much of the equipment is part of the de-escalation process of Integrating Communications, Assessment, and Tactics (ICAT), which involves continuously evaluating the situation to attempt other techniques. The equipment may be used to create cover and distance and allow more time for decision-making processes. This allows the use of less-lethal tactics as part of a range of options to resolve a critical incident without using deadly force. These things allow officers to take in and constantly evaluate the totality of the circumstances, resulting in increased safety and reduced risk for everyone involved; WHEREAS, pursuant to Government Code section 7071(e)(2), the City Council has determined that:

Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 8, Packet Page 131 (1) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (2) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(3) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (4) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and.

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

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby renews the Military Equipment Purchase and Use Ordinance – Monterey City Code, Chapter 27, Article 3, Section 27-10 and authorizes the acquisition of additional military equipment including Crisis Negotiating Team Command Vehicle, two Pepper Ball Launchers, one Desert Tech SRS M2 Precision Rifle, and replace thirteen Patrol Rifles.

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:

Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 9, Packet Page 132 Mayor of said City
City Clerk thereof
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 10, Packet Page 133 Policy
706
Monterey Police Department
Monterey PD Policy Manual
Copyright Lexipol, LLC 2023/12/14, All Rights Reserved.

Published with permission by Monterey Police Department Military Equipment - 1 Military Equipment
706.1 PURPOSE AND SCOPE
This policy governs the use of military equipment, as defined in Government Code § 7070, as may be amended. The Monterey Police Department (MPD) and its members will comply with provisions of Government Code §§ 7071, 7072, and with otherwise applicable department policies, with respect to military equipment.
706.1.1 DEFINITIONS
This policy adopts the following definitions set forth in Government Code § 7070 (c)(1) through § 7070 (e)(16) as may be amended or superseded:

Governing body – The elected or appointed body that oversees the Department.

Military equipment –

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of.50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of.50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than_.50 caliber, including assault weapons as defined in sections § 30510 and § 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than.50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 11, Packet Page 134 Monterey Police Department
Monterey PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/12/14, All Rights Reserved.

Published with permission by Monterey Police Department Military Equipment - 2

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service issued handheld pepper spray.

13. TASER® Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and thier associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the Federal Defense Logistics Agency.
706.2 POLICY
It is the policy of the Monterey Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. Use of military equipment should safeguard public welfare, safety, civil rights, and civil liberties. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Assistant Chief of Police to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Monterey Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Coordinating the process for a person to register a complaint, concern, or question about the use of a type of military equipment. The Department will respond in a timely manner.

Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 12, Packet Page 135 Monterey Police Department
Monterey PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/12/14, All Rights Reserved.

Published with permission by Monterey Police Department Military Equipment - 3 A complaint, concern or question related to Military Equipment utilization by the Monterey Police Department can be made through any of the below listed methods:

Email: [email protected]
Web:https://www.monterey.org/city_hall/police/inside_mpd/ commendations_or_complaints.php
By phone: (831) 646-3830
By mail: Monterey Police Department; Attn: Military Equipment Use Coordinator; 351 Madison Street, Monterey, CA 93940
706.4 APPROVAL
This policy, and any subsequent amendments, will be available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue. No later than May 1, 2022, this policy will be submitted to the City Council for approval, and will remain in effect only if it is approved within 180 days of submission. Approval of this policy or any subsequent amendments requires adoption by ordinance at an open session of a regular meeting providing for public comment. The department will cease use of any military equipment if its use, or the policy for its use, is not approved. An approved military equipment use policy is required prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.5 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other jurisdictions providing aid to MPD shall comply with their respective military equipment use policies. MPD is a participating member of the Monterey Peninsula Regional Special Response Unit (MPRSRU) in collaboration with other law enforcement agencies on the Monterey Peninsula. MPRSRU provides capabilities to address specific law enforcement issues, such as active shooter incidents, hostage situations, barricaded subject Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 13, Packet Page 136 Monterey Police Department
Monterey PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/12/14, All Rights Reserved.

Published with permission by Monterey Police Department Military Equipment - 4 incidents, etc. MPD also collaborates and works with the Monterey County Sheriff's Department and other local, state and federal law enforcement agencies that may provide aid to MPD.

Military equipment owned by other jurisdictions that may be used by MPRSRU inside the City of Monterey's jurisdiction is listed in Section Two of the Military Equipment Inventory. MPD is authorized to use that military equipment in connection with MPRSRU activities/responses. 706.6 ANNUAL REPORT
Within one year of approval of the military equipment use policy, and annually thereafter, the Chief of Police or the authorized designee will submit a military equipment report for each type of approved military equipment for as long as the military equipment is available for use. The annual military equipment report will be publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment. 706.7 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the funding, acquisition, or use of military equipment.
706.8 MILITARY EQUIPMENT INVENTORY
The attached list is divided into three sections.
• Section One - lists qualifying equipment that is owned and/or utilized by the Monterey Police Department.

See attachment: MPD 706 Sec 1 - MPD Equip Owned Oper.pdf • Section Two - lists qualifying equipment that is not owned by the Monterey Police Department, but which is known to be owned and/or utilized by law enforcement agencies which the Monterey Police Department collaborates and/or participates with as part of the Monterey Peninsula Regional Special Response Unit (MPRSRU) for law enforcement purposes.

See attachment: MPD 706 - Sec 2 - MPRSRU Equip Owned Oper.pdf • Section Three - lists qualifying equipment that the Monterey Police Department will be procuring, with anticipated dates of procurement.

See attachment: MPD 706 - Sec 3 - MPD SRU Equip Procurement.pdf Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 14, Packet Page 137

SECTION ONE - QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT AB 481 Category
Govt Code §7070(c):
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment
Description: Semiautomatic Rifles and Ammunition
Quantity (existing): 53
Capabilities: The Colt/Spikes Tactical semiautomatic rifle is capable of firing 5.56mm projectile bullet.

Expected lifespan: 15 years
Manufacturer's
description:

The Colt/Spikes Tactical features the railed forend. The rail system features the patented bolt-up attachment system. The Colt/Spikes Tactical semiautomatic rifle is unmatched in size, weight, and performance. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
Purpose(s)/Authorized
Use:

Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:
(1) Situations where the member reasonably anticipates an armed encounter. (2) When a member is faced with a situation that may require accurate and effective fire at long range. (3) Situations where a member reasonably expects the need to meet or exceed a suspect's firepower. (4) When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
(5) When a member reasonably believes that a suspect may be wearing body armor. (6) When authorized or requested by a supervisor.
(7) When needed to euthanize an animal.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
Initial cost: Approximately $115,000
Annual costs: Approximately $6,000 (ammunition, repair parts, batteries, etc.) (4) The legal and procedural rules that govern each authorized use Legal: CA Penal Code 33220(b). All other applicable State, Federal and Local laws governing short-barreled rifles and police use of force.

Procedural: MPD Policies - 300 (Use of Force), 306 (Firearms), 412 (Rapid Response and Deployment) (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy
Required training: CA POST certified 16-hour patrol rifle course & 4 hours annually / qualification annually Other Notes:

These rifles are standard issue service weapons for MPD officers and as a result, exempted from the Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document for transparency.

Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 15, Packet Page 138

SECTION ONE - QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT 481 Category Govt Code §7070(c): (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment
Description: 40mm Less Lethal Launchers and Kinetic Energy Munitions Quantity (existing): 14
Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, known as sponge projectiles.

Expected lifespan: 15 years
Manufacturer's description:

Penn Arms 40mm Multi-Shot launchers are manufactured using 4140 hardened steel, 6061-T6 mil-spec anodized aluminum, and DuPont super tough glass-filled nylon. These launchers are lightweight, versatile, and used worldwide by police and corrections officers. The 40mm launcher is available in both pump-action advance and single shot versions.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
Purpose(s)/Authorized Use: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less-lethal use of force option.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
Initial cost: $41,000
Annual costs: $6,000 (includes sponge projectiles for training) (4) The legal and procedural rules that govern each authorized use Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: MPD Policies - 306 (Firearms), 303 (Control Devices and Techniques) (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy
Required training: Two (2) hours of initial training and (2) hours every (2) years (includes qualification) Other: MPD has two (2) pump-action 40mm multi-shot launchers and twelve (12) single shot launcher Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 16, Packet Page 139

SECTION ONE - QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT 481 Category Govt Code §7070(c): (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment
Description: Remington 870 Shotgun and Kinetic Energy Munitions Quantity (existing): 2 (Assigned to the Monterey Peninsula Regional Special Response Unit) (MPRSRU) Capabilities: The shotgun Less Lethal platform is capable of firing CSI “Super-Sock” Kinetic Energy Munitions, which are fiber bean bag projectiles.

Expected lifespan: 15 years
Manufacturer's description:

The Remington Shotgun is milled from a single block of steel. The stock and fore grip are comprised of fiberglass-reinforced polymer with a rubber over-molding. This shotgun is a U.S.-made pumpaction shotgun. The magazine tube holds 6 less-lethal rounds. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
Purpose(s)/Authorized Use: The shotgun Less Lethal platform and Kinetic Energy Munitions are intended for use as a less-lethal use of force option.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
Initial cost: $1,200
Annual costs: $250 (includes fiber bean bag projectiles) (4) The legal and procedural rules that govern each authorized use Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: MPD Policies - 306 (Firearms), 303 (Control Devices and Techniques) (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy
Required training: Two hours of initial training and two (2) hours every two (2) years (includes qualification) Other:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually. MPRSRU members train on this piece of equipment 4 hours annually.

Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 17, Packet Page 140

SECTION ONE - QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT 481 Category Govt Code §7070(c):
(7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from the subdivision. (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment
Description: Remington 870 Shotgun and Breaching Munitions Quantity (existing): 3 (Assigned to Monterey Peninsula Regional Special Response Unit (MPRSRU) / MPD) Capabilities: Remington 870 12 gauge shotgun modified with pistol grip and barrel standoff designed for breaching doors or other points of entry.

Expected lifespan: 15 years
Manufacturer's description:

The Remington Shotgun is milled from a single block of steel. The stock and fore grip are comprised of fiberglass-reinforced polymer with a rubber over-molding. This shotgun is a U.S.-made pumpaction shotgun. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
Purpose(s)/Authorized Use:

A breaching shotgun can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and other breaching methods are determined to be ineffective.

Shotgun breaching generally needs to be supported by exigent circumstances necessitating immediate access for public safety.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
Initial cost: $1,800 (3 re-purposed from less lethal shotgun, 1 assigned to SRU, 2 to MPD) Annual costs: $1,000 (includes breaching munitions)
(4) The legal and procedural rules that govern each authorized use Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural:

MPD Policies - 306 (Firearms), 303 (Control Devices and Techniques), 404 (Monterey Peninsula Regional Special Response Unit)
(5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy
Required training:

Other:

Only MPRSRU trained personnel are authorized to use the breaching shotgun.

Two (2) are assigned to the MPD and (1) is assigned to the MPRSRU Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 18, Packet Page 141

SECTION ONE - QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT 481 Category Govt Code §7070(c): (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment
Description: 37mm Less Lethal Launcher and Oleoresin Capsicum “OC” munitions Quantity (existing): 2
Capabilities:

The 37mm Less Lethal Launcher is capable of firing barricade penetrating “OC” rounds which disperse .02 ounces of OC powder into a defined space. These munitions are designed to dislodge barricaded subjects from confined areas.

Expected lifespan: 15 years
Manufacturer's description: The Federal 37 mm Less Lethal Launcher is a single-shot break-open platform designed to fire 37mm less lethal oleoresin capsicum munitions.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
Purpose(s)/Authorized Use: The 37mm Less Lethal Launchers and “OC” Munitions are intended for use as a less-lethal use of force option.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
Initial cost: $3,000
Annual costs: $100 (includes munitions)
(4) The legal and procedural rules that govern each authorized use Legal: All applicable State, Federal and Local laws governing police use of force and crowd control.

Procedural: MPD Policies - 306 (Firearms), 303 (Control Devices and Techniques) (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy
Required training: Two hours of initial training and two (2) hours every two (2) years (includes qualification) Other:

Only Monterey Peninsula Regional Special Response Unit (MPRSRU) trained personnel and Less Lethal Instructors are authorized to use the 37mm Less Lethal launcher. All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 19, Packet Page 142

SECTION ONE - QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT 481 Category Govt Code §7070(c):
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment
Description: The Larue OBR AR-10 is a semiautomatic rifle capable of firing a 7.62mm projectile bullet.

Quantity (existing): 1
Capabilities: The Larue OBR AR-10 is a semiautomatic rifle capable of firing a 7.62mm projectile bullet.

Expected lifespan: 15 years
Manufacturer's description:

The LaRue OBR (Optimized Battle Rifle) was built from the ground up, using a newly designed upper-receiver platform, combined with a lower, inspired from our successful 5.56 MM lower. Both the upper and lower are CNC-machined from billet, for the optimum fit and consistency. The receiver components are designed with more material in critical areas to alleviate known issues of weakness in 7.62 platforms and to stiffen the receiver, translating into maximum accuracy. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
Purpose(s)/Authorized Use:

This rifle is authorized for use by Precision Rifle/Observer SWAT Operator(s) only. It is deployed in conjunction with the Monterey Peninsula Regional Special Response Unit SWAT Team during highrisk incidents. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
Initial cost: $10,000 (includes scope and other accessories) Annual costs: $2,000 (includes ammunition and cleaning supplies) (4) The legal and procedural rules that govern each authorized use Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: MPD Policies - 300 (Use of Force), 306 (Firearms), 404 (Monterey Peninsula Regional Special Response Unit), 412 (Rapid Response and Deployment)
(5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy
Required training:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually. MPRSRU Precision Rifle/Observers must also complete a 40 Post certified SWAT precision rifle/observer course and attend 120 hours of training annually.

Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 20, Packet Page 143

SECTION ONE - QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT 481 Category Govt Code §7070(c):
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment
Description: Desert Tech SRS M2 Precision Rifle
Quantity (existing): 1
Capabilities: The Desert Tech SRS M2 is a bolt action rifle capable of firing a .308 caliber projectile bullet.

Expected lifespan: 15 years
Manufacturer's description:

The SRS-M2 adds the ability to make fast and easy adjustments to accessories mounted on the forearm through the integrated Area 419 Arcalock rail. The full-length 30 MOA tapered top rail minimizes optical visual displacement when moving between day and night scopes. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
Purpose(s)/Authorized Use:

This rifle is authorized for use by Precision Rifle/Observer SWAT Operator(s) only. It is deployed in conjunction with the Monterey Peninsula Regional Special Response Unit SWAT Team during highrisk incidents. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
Initial cost: $10,000 (rifle, scope, attachments/equipment) Annual costs: $2,000 (includes ammunition and cleaning supplies) (4) The legal and procedural rules that govern each authorized use Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural:

MPD Policies - 300 (Use of Force), 306 (Firearms), 404 (Monterey Peninsula Regional Special Response Unit), 412 (Rapid Response and Deployment)
(5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy
Required training:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually. MPRSRU Precision Rifle/Observers must also complete a 40 Post certified SWAT precision rifle/observer course and attend 120 hours of training annually.

Other: N/A
Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 21, Packet Page 144

SECTION ONE - QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT 481 Category Govt Code §7070(c):
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment
Description: FN SPR Precision Rifle
Quantity (existing): 1
Capabilities: The FN SPR is a bolt-action rifle capable of firing a .308 caliber projectile bullet.

Expected lifespan: 15 years
Manufacturer's description:

All A5 M barrels are MIL-SPEC cold hammer-forged, fluted and have a hard-chromed bore. These rifles excel at long-range target shooting and tactical competition. The A5M has a detachable box magazine (DBM) in 308 Winchester models. The one-piece steel MIL-STD-1913 optical rail has an additional 20 MOA of elevation built in. The fully adjustable matte black McMillan™ fiberglass stock offers a close-radius upright grip, textured gripping surfaces, undercut buttstock profile, semi-wide tapered fore-end, adjustable comb and four flush mounting points for slings plus a steel bipod stud.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
Purpose(s)/Authorized Use:

This rifle is authorized for use by Precision Rifle/Observer SWAT Operator(s) only. It is deployed in conjunction with the Monterey Peninsula Regional Special Response Unit SWAT Team during highrisk incidents. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
Initial cost: $10,000 (rifle, scope, attachments/equipment) Annual costs: $2,000 (includes ammunition and cleaning supplies) (4) The legal and procedural rules that govern each authorized use Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually. MPRSRU Precision Rifle/Observers must also complete a 40 Post certified SWAT precision rifle/observer course and attend 120 hours of training annually.

Other: N/A
Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 22, Packet Page 145

SECTION ONE - QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT AB 481 Category Govt Code §7070(c): (1) Unmanned, remotely piloted, powered aerial or ground vehicles (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment
Description: Unmanned Aircraft Systems (UAS)
Quantity (existing): 4 (2 DJI Mini 3 Pros and 2 DJI Mavic 3 Pro) Capabilities: UAS are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.

Expected lifespan: 5 Years
Manufacturer's description:

DJI Mini 3 Pro / 3 mini features both an infrared sensing system and forward, backward, and downward vision systems. This allows for hovering and flying indoors as well as outdoors and for automatic return to home while avoiding obstacles from the front, back, and below. DJI Mini 3 Pro also boasts a foldable and compact design, weighing less than 249 g. The aircraft has a maximum flight speed of 36 mph (57.6 kph), a maximum flight time of 34 minutes when using an intelligent flight battery, and a maximum flight time of 47 minutes when using an intelligent flight battery plus.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
Purpose(s)/Authorized Use:

To enhance the safety of potentially dangerous situations by providing first responders with the ability to monitor video feed from UAS cameras of hazardous areas prior to, or in lieu of, sending in personnel. UAS/Drone/Ariel platforms may be used for search and rescue; suspect apprehension, crime scene documentation; tactical operations; scene security; hazard monitoring; identification and mitigation; response to emergency calls; crisis communications; legally authorized surveillance.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
Initial cost: $8,657.24
Annual costs: $300 (batteries, propellers, and other parts) (4) The legal and procedural rules that govern each authorized use Legal:

All applicable State, Federal and Local laws. Any use of UAS/Drone platforms will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. All drone operators will be FAA Part 107 certified.

Procedural: MPD Policies – 606 Unmanned Aerial System (UAS) Operations (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy
Required training:

Prior to piloting any UAS/Drone, staff members must secure an FAA Remote Pilot License (Part 107) and complete training required by FAA COA. Program Supervisor(s) and Commander(s) will attend a California P.O.S.T. UAS Operators Course (48 hours). UAS Pilots will attend a California P.O.S.T. UAS Basic Pilots Course (32 hours). All members of the UAS Team will attend the California POST approved FAA 107 Ground School (8 hours).

Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 23, Packet Page 146

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE MPD COLLABORATES AND/OR

PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES AB 481 Category Govt Code §7070(c): (1) Unmanned, remotely piloted, powered aerial or ground vehicles (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment
Description: Unmanned, remotely piloted, powered aerial and ground vehicles Quantity (existing):
0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team and Sheriff's Bomb Squad)
Capabilities:

Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.

Expected lifespan: 5 years
Manufacturer's description:

Remotely operated land vehicles to support various mission areas such as explosive device remediation, hazardous materials operations, tactical law enforcement operations, search & rescue, and surveillance/detection. Examples include, but are not limited to rovers, scout vehicles, and surveillance platforms. Unmanned Aircraft System (UAS) comprises an unmanned aircraft and the equipment necessary for the safe and efficient operation of that aircraft. The system generally includes a fixed or rotary-wing (tethered or non-tethered) aircraft and a ground control station.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
Purpose(s)/Authorized Use:

To enhance the safety of potentially dangerous situations by providing first responders with the ability to monitor video feed from vehicle cameras of hazardous areas prior to, or in lieu of, sending in personnel. Remotely piloted ground vehicles may be used to investigate and mitigate potential explosive devices. UAS/Drone/Arial platforms may be used for search and rescue; suspect apprehension crime scene documentation; tactical operations; scene security; hazard monitoring; identification and mitigation; response to emergency calls; crisis communications; legally authorized surveillance.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
Initial cost: $0 (not owned by MPD)
Annual costs: $0 (not maintained by MPD)
(4) The legal and procedural rules that govern each authorized use Legal:

All applicable State, Federal and Local laws. Any use of UAS/Drone platforms will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.

Procedural: MPD Policies - 404 (Monterey Peninsula Regional Special Response Unit) (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy
Required training:

MPRSRU SWAT Team provides internal training for staff members prior to allowing them to operate the ground vehicle equipment. All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually. Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete training required by FAA COA.

Other:

The Monterey Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). The Monterey County Sheriff's Office also provides the regional explosive mitigation team "bomb squad." This equipment is owned and operated by MPRSRU SWAT and the Monterey County Sheriff's Department. While the Monterey Police Department does not own this equipment, it could be used in Monterey by MPRSRU SWAT or the Monterey County Sheriff's Department if they are deployed to an incident within city limits.

Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 24, Packet Page 147

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE MPD COLLABORATES AND/OR

PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES AB 481 Category Govt Code §7070(c):
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment
Description: MPRSRU Rescue Vehicle (Lenco Bearcat Armored Vehicle) Quantity (existing): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities: Capable of transporting personnel and equipment while providing them with armored protection. Also has a breaching apparatus that can be attached.

Expected lifespan: 10 years
Manufacturer's description:

The Lenco BearCat is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat part of their standard operating procedure. The Bearcat has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
Purpose(s)/Authorized Use:

The SRU Rescue Vehicle (Lenco Bearcat Armored Vehicle) is intended for use during critical incidents including, but not limited to: (a) Hostage situations; (b) Barricaded subject incidents; (c) Active shooter situations; (d) High risk arrest and search warrants; (e) Any threat of explosive devices; (f) Other situations where ballistic protection is necessary for the protection of personnel. The SRU Rescue Vehicle will not be deployed for situations such as peaceful protests or demonstrations where violence is not threatened toward the public, property or law enforcement personnel. When deploying the vehicle one must consider how its use or misuse could create fear or distrust in the community and take steps to mitigate those negative effects. The SRU Rescue vehicle may be deployed for exhibition at community based events for the purpose of educating and familiarizing the public with its use and purpose. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
Initial cost: $0 (not owned by MPD)
Annual costs: $0 (not maintained by MPD)
(4) The legal and procedural rules that govern each authorized use Legal: All applicable State, Federal and Local laws.

The SRU Rescue Vehicle is driven by approved personnel who have received training in the vehicle’s operation. The training includes both classroom and practical driving exercises.

Operators also receive scenario based training to include the decision making process as to how it should and should not be deployed. Scenario based training includes constitutional and community policing principles as it relates to SRU Rescue Vehicle deployment. All MPRSRU members are required to complete an initial POST Certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

Other:

The Monterey Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is registered to the Marina Police Depatment and utilized by MPRSRU SWAT. It could be used in Monterey by MPRSRU SWAT if they are deployed to an incident within city limits. It may also be used in Monterey at community events for educational and familiarization purposes.

Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 25, Packet Page 148

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE MPD COLLABORATES AND/OR

PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES AB 481 Category Govt Code §7070(c): (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment
Description: Workhorse Commercial Van
Quantity (existing): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities: Vehicles modified to facilitate the control and direction of public safety units.

Expected lifespan: Unknown
Manufacturer's description: Unavailable
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
Purpose(s)/Authorized Use: Workspace for commanding/supervising personnel during critical incidents. Also utilized for community outreach events such as National Night Out, Public Safety Outreach, etc. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
Initial cost: $0 (not owned by MPD)
Annual costs: $0 (not maintained by MPD)
(4) The legal and procedural rules that govern each authorized use Legal: All applicable State, Federal and Local laws.

MPRSU SWAT Team provides internal training for staff members prior to allowing them to operate these vehicles. All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

Other:

The Monterey Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is registered to the Seaside Police Department and operated by MPRSRU SWAT. While the Monterey Police Department does not own this equipment, it could be used in Monterey by MPRSRU SWAT if they are deployed to an incident within city limits.

Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 26, Packet Page 149

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE MPD COLLABORATES AND/OR

PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES AB 481 Category Govt Code §7070(c): (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment Description: Flashbang Grenades, Explosive Breaching Tools, Tear Gas and Pepper Balls Quantity (existing): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities: Capable of breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemical.

Expected lifespan: Unknown
Manufacturer's description:

Defense Technology® offers a complete range of less lethal products and solutions to law enforcement professionals. A full-line manufacturer, Defense Technology’s premier product lines are grouped into five categories including aerosols, impact munitions, distraction devices, chemical munitions and launchers. We are committed to manufacturing the safest possible products and providing comprehensive training for detectives, patrol and tactical officers.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
Purpose(s)/Authorized Use: Breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemicals.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
Initial cost: $0 (not owned by MPD)
Annual costs: $0 (not maintained by MPD)
(4) The legal and procedural rules that govern each authorized use Legal: All applicable State, Federal and Local laws.

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

MPRSRU members train on this piece of equipment 10 hours annually.

Other:

The Monterey Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is owned and operated by MPRSRU SWAT. While the Monterey Police Department does not own this equipment, it could be used in Monterey by MPRSRU SWAT if they are deployed to an incident within city limits.

Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 27, Packet Page 150

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE MPD COLLABORATES AND/OR

PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES AB 481 Category Govt Code §7070(c): (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from the subdivision. (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment Description: Remington 870 Breaching Shotgun
Quantity (existing/sought): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities: Remington 870 12 gauge shotgun modified with pistol grip and barrel standoff designed for breaching doors or other points of entry.

Expected lifespan: Unknown
Manufacturer's description:

A breaching shotgun can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and other breaching methods are determined to be ineffective. Shotgun breaching generally needs to be supported by exigent circumstances necessitating immediate access for public safety. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
Initial cost: $0 (not owned by MPD)
Annual costs: $0 (not maintained by MPD)
(4) The legal and procedural rules that govern each authorized use Legal: All applicable State, Federal and Local laws governing police use of force.

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training biannually. MPRSRU members train on this piece of equipment 4 hours annually.

Other:

Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 28, Packet Page 151

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE MPD COLLABORATES AND/OR

PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES AB 481 Category Govt Code §7070(c): (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment Description: 37mm Less Lethal Launcher and Oleoresin Capsicum “OC” munitions Quantity (existing): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities:

Expected lifespan: 15 years
Manufacturer's description: The Federal 37 mm Less Lethal Launcher. Is a single-shot break-open platform designed to fire 37mm less lethal oleoresin capsicum munitions.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
Purpose(s)/Authorized Use: The 37mm Less Lethal Launchers and “OC” Munitions are intended for use as a less-lethal use of force option.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
Initial cost: $0 (not owned by MPD)
Annual costs: $0 (not maintained by MPD)
(4) The legal and procedural rules that govern each authorized use Legal: All applicable State, Federal and Local laws governing police use of force.

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

MPRSRU members train on this piece of equipment 4 hours annually.

Other:

Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 29, Packet Page 152

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE MPD COLLABORATES AND/OR

PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES AB 481 Category Govt Code §7070(c): (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment Description: 40mm Less Lethal Launchers and Kinetic Energy Munitions Quantity (existing): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, known as sponge projectiles
Expected lifespan: 15 years
Manufacturer's description:

Penn Arms 40mm Multi-Shot launchers are manufactured using 4140 hardened steel, 6061- T6 mil-spec anodized aluminum, and DuPont super tough glass-filled nylon. These launchers are lightweight, versatile, and used worldwide by police and corrections officers. The 40mm launcher is available in both pump-action advance and single shot versions (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
Purpose(s)/Authorized Use: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a lesslethal use of force option. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
Initial cost: $0 (not owned by MPD)
Annual costs: $0 (not maintained by MPD)
(4) The legal and procedural rules that govern each authorized use Legal: All applicable State, Federal and Local laws governing police use of force.

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

MPRSRU members train on this piece of equipment 4 hours annually.

Other:

The Monterey Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is registered to the Sand City Police Department for use by MPRSRU SWAT. While the Monterey Police Department does not own this equipment, it could be used in Monterey by MPRSRU SWAT if they are deployed to an incident within city limits.

Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 30, Packet Page 153

SECTION THREE - QUALIFYING EQUIPMENT THAT THE MPD WILL BE PROCURING WITH ANTICIPATED DATES OF PROCUREMENT 481 Category Govt Code §7070(c): (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment Description: LDV Inc. Custom Specialty Vehicles - Crisis Negotiation Team Command Vehicle Quantity (sought): 1 (to be owned by MPD and utilized by MPRSRU - CNT) Capabilities: Vehicles modified to act as Negotiations Operations Center at critical incidents.

Expected lifespan: 20 Years
Manufacturer's description: 2022 Ford E-450 Cutaway - Emergency Response Vehicle - Mobile Command Vehicle (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
Purpose(s)/Authorized Use:

This vehicle will provide a designated Negotiations Operations Center (NOC) in a constant state of operational readiness for the MPRSRU Crisis Negotiations Team (CNT) that will aid in the resolution of crisis incidents. Also utilized for community outreach events such as National Night Out, Public Safety Outreach, etc.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
Initial cost:
$200,000 initial outlay to be reimbursed through the Homeland Security Grant Program - Urban Areas Security Initiative. This vehicle would not be procured until October 2024 in FY 25. *Note:

Item was approved by the Monterey City Council by Ordinance 3649 in 2022 and 2023.

Annual costs: $2,500 / year maintenance and upkeep
(4) The legal and procedural rules that govern each authorized use Legal: All applicable State, Federal and Local laws.

MPRSU CNT team provides internal training for staff members prior to allowing them to operate these vehicles. All MPRSRU CNT members are required to complete an initial POST certified 40 hour basic Hostage Negotiation course AND 48 hours of annual training.

Other:

The Monterey Police Department participates in the Monterey Peninsula Regional Special Response Unit CNT Team (MPRSRU). This equipment will be registered to the Monterey Police and operated by MPRSRU CNT. This equipment could be used in Monterey by MPRSRU CNT if they are deployed to an incident within city limits.

Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 31, Packet Page 154

SECTION THREE - QUALIFYING EQUIPMENT THAT THE MPD WILL BE PROCURING WITH ANTICIPATED DATES OF PROCUREMENT AB 481 Category
Govt Code §7070(c):
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment
Description: Semiautomatic Rifles and Ammunition
Quantity (sought): 13
Capabilities: The Colt semiautomatic rifle is capable of firing 5.56mm projectile bullet.

Expected lifespan: 15 years
Manufacturer's
description:

The Colt features the railed forend. The rail system features the patented bolt-up attachment system. The Colt Tactical semiautomatic rifle is unmatched in size, weight, and performance. These rifles are ambidextrous (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
Purpose(s)/Authorized
Use:

Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:
(1) Situations where the member reasonably anticipates an armed encounter. (2) When a member is faced with a situation that may require accurate and effective fire at long range. (3) Situations where a member reasonably expects the need to meet or exceed a suspect's firepower. (4) When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
(5) When a member reasonably believes that a suspect may be wearing body armor. (6) When authorized or requested by a supervisor.
(7) When needed to euthanize an animal.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
Initial cost: Approximately $33,000 (includes, rifle, optics, sling, and flashlight) Annual costs: Approximately $1,500 (ammunition, repair parts, batteries, etc.) (4) The legal and procedural rules that govern each authorized use Legal: CA Penal Code 33220(b). All other applicable State, Federal and Local laws governing short-barreled rifles and police use of force.

The MPD will be replacing 13 rifles that are over 24 years old. For approximately 15 years, these rifles were department pool rifles and have a great deal of wear and tear.

Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 32, Packet Page 155

SECTION THREE - QUALIFYING EQUIPMENT THAT THE MPD WILL BE PROCURING WITH ANTICIPATED DATES OF PROCUREMENT AB 481 Category
Govt Code §7070(c):
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment
Description: Desert Tech SRS M2 Precision Rifle
Quantity (sought): 1
Capabilities: The Desert Tech SRS M2 is a bolt action rifle capable of firing a .308 caliber projectile bullet .

Expected lifespan: 15 years
Manufacturer's
description:

The SRS-M2 adds the ability to make fast and easy adjustments to accessories mounted on the forearm through the integrated Area 419 Arcalock rail. The full-length 30 MOA tapered top rail minimizes optical visual displacement when moving between day and night scopes.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
Purpose(s)/Authorized
Use:

This rifle is authorized for use by Precision Rifle/Observer SWAT Operator(s) only. It is deployed in conjunction with the Monterey Peninsula Regional Special Response Unit SWAT Team during high-risk incidents. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
Initial cost: $5,330 (rifle, attachments/equipment)
Annual costs: $2,000 (includes ammunition and cleaning supplies) (4) The legal and procedural rules that govern each authorized use Legal: All applicable State, Federal and Local laws governing police use of force.

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually. MPRSRU Precision Rifle/Observers must also complete a 40 Post certified SWAT precision rifle/observer course and attend 120 hours of training annually.

Other Notes: The MPD will replace the Larue OBR AR-10 precision rifle with the Desert Tech SRS M2 Precision Rifle Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 33, Packet Page 156

SECTION THREE - QUALIFYING EQUIPMENT THAT THE MPD WILL BE PROCURING WITH ANTICIPATED DATES OF PROCUREMENT AB 481 Category
Govt Code §7070(c):
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment
Description: Pepper Ball Launcher
Quantity (sought): 2
Capabilities: The Pepperball VKS Pro is a less lethal launcher designed to use compressed air to launch .68 caliber plastic pepperballs containing powdered OC
Expected lifespan: 15 years
Manufacturer's
description:

Pepperball VKS Pro is a less lethal launcher with a magazine containing 15 rounds with a maximum effective range of 150 feet using compressed air from a HPA buttstock 13ci tank. Live-X pepper balls are 0,68 caliber sphere contain 5% PAVA (pelargonic acid vanillylamide) pepper powder (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
Purpose(s)/Authorized
Use:

Less-lethal stand-off intervention with armed and/or violent individuals, suicidal individuals, individuals believed to possess or have immediate access to a deadly weapon or driving suspects from confined spaces or vehicles. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
Initial cost: Approximately $6,306
Annual costs: Approximately $450 (training rounds and maintenance) (4) The legal and procedural rules that govern each authorized use Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: MPD Policies -300-(Use of Force) 306 (Firearms), 303 (Control Devices and Techniques) (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy
Required training: Two (2) hours of initial training and (2) hours every (2) years (includes qualification) Attachment 2
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 34, Packet Page 157 Monterey Police Department
Annual Military Equipment Report
(May 2023 to May 2024)
California Government Code §§ 7070, 7071, and 7072
On September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law. California Government Code §§ 7070, 7071, and 7072 codify the requirements established by AB 481 for law enforcement’s acquisition, use, and funding of “military equipment.”
In enacting AB 481, the Legislature stated the public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials to increase transparency, accountability, and oversight. The same applies to the public’s right to participate in any government agency’s decision to fund, acquire, or use such equipment.

The bill required law enforcement agencies that seek to continue the use of military equipment acquired prior to January 1, 2022, to receive approval from their governing body prior to May 1, 2022. The Monterey City Council approved MPD Policy 706 – Military Equipment and the Military Equipment Inventory by ordinance (3649). The policy and inventory list are located on the Monterey Police Department’s website – www.montereypolice.org.

California Government Code § 7072 requires law enforcement agencies to prepare annually, a Military Equipment Report. The annual Military Equipment Report is required to contain the following.  A summary of how the military equipment was used and the purpose of its use;  A summary of any complaints or concerns received concerning the military equipment;  The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response;
 The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report;
 The quantity possessed for each type of military equipment; and  If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

This annual Military Equipment Report satisfies the reporting requirements outlined in California Government Code § 7072.

A complaint, concern or question related to Military Equipment utilization by the Monterey Police Department can be made through any of the below listed methods:

Email: [email protected]
Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 35, Packet Page 158 Web:https://www.monterey.org/city_hall/police/inside_mpd/commendations_or_complaints.php By phone: (831) 646-3830
By mail: Monterey Police Department; Attn: Military Equipment Use Coordinator; 351 Madison Street, Monterey, CA 93940
The following is a summary of the Military Equipment owned and maintained by the Monterey Police Department as defined by California Government Code §7070:

Item Quantity Owned Gov’t Code Subsection
Semi Automatic Patrol Rifles
53 7070(c)(10)
Unmanned Aircraft Systems
4 7070(c)(1)
Remington 870 Less Lethal Shotgun
2 7070(c)(14)
Remington 870 Breaching Shotgun
3 7070(c)(7)
40mm Less Lethal Single Launcher
14 7070(c)(14)
37mm Less Lethal Launcher
2 7070(c)(14)
Larue OBR AR-10 Semi Automatic Rifle
1 7070(c)(10)
FN SPR Precision Rifle
1 7070(c)(10)
Desert Tech SRS M2 Precision Rifle
1 7070(c)(10)
The following is a summary of the Military Equipment used by the Monterey Peninsula Regional Special Response Unit. The Monterey Police Department does not own or maintain this equipment; however, the military equipment may be used by members of the MPRSU (SWAT) during a critical incident in the City of Monterey. (California Government Code §7071(a)(1)(D) Item Gov’t Code Subsection
Unmanned, Remotely Piloted, Powered Ground Vehicle
7070(c)(1)
7071(a)(1)(D)
Rescue Vehicle (Lenco Bearcat Armored Vehicle)
7070(c)(3)
7071(a)(1)(D)
Workhorse Commercial Van
7070(c)(5)
7071(a)(1)(D)
Flashbang Grenades, Explosive Breaching Tools, Tear Gas, and Pepper Balls
7070(c)(12)
7071(a)(1)(D)
Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 36, Packet Page 159 The following is a summary of Military Equipment the Monterey Police Department intends to purchase. (California Government Code §7072(a)(6)
Remington 870 Breaching Shotgun
7070(c)(10)
7071(a)(1)(D)
37mm Less lethal Launcher
7070(c)(14)
7071(a)(1)(D)
40mm Less Lethal Launcher
7070(c)(14)
7071(a)(1)(D)
Item Quantity
Sought
Gov’t Code
Section
Note
LDV – Crisis Negotiation Team Command Vehicle
1 7070(c)(5) Item was approved by the
Monterey City Council by
Ordinance 3649 in 2022 and 2023
Semi Automatic Patrol Rifles
13 7070(c)(10) Replace 13 rifles that are over 24
years old. The total number of
rifles, 53, will not change.

Desert Tech SRS M2 Precision Rifle
1 7070(c)(10) Will Replace the Larue OBR AR-10
Precision Rifle
Pepper Ball Launcher
2 7070(c)(14) N/A
Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 37, Packet Page 160 Government Code Section § 7072 – Annual Report:

Semiautomatic Rifles and Ammunition
Summary of how the military
equipment was used and the
purpose of its use:

The patrol rifles were deployed within the guidelines set force in MPD Policy 306. Over the past 12 months, MPD officers deployed the rifle, but not fired, in circumstances outlined in MPD Policy 306.

There were no reportable incidents in the City of Monterey.

Complaints or Concerns:

The MPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: The MPD conducted an audit of the equipment and accounted for all of the rifles. There were no violations of the military equipment use policy.

Total Annual Cost:

Acquisition: $0 (no new rifles were acquired)
Training: $6,000 (ammunition, targets, magazines, etc.) Other: $500 (parts, e.g. batteries, other spare parts)
Funding Source: Police Budget
Quantity: 53
Intention to acquire more: The MPD plans to replace 13 rifles that are over 24 years old. The total number of rifles, 53, will not change. The MPD will use its existing budget to purchase the rifles, optics, flashlights, and slings.

QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT GOVERNMENT CODE §7070(c)(10)
Description: Semiautomatic Rifles and Ammunition
Quantity (existing): 53
Capabilities: The Colt/Spikes Tactical semiautomatic rifle is capable of firing 5.56mm projectile bullet Expected lifespan: 15 years
Manufacturer's description:

Purpose(s)/Authorized Use:

Initial cost: Approximately $115,000
Annual costs: Approximately $6,000 (ammunition, repair parts, batteries, etc.) Legal: CA Penal Code 33220(b). All other applicable State, Federal and Local laws governing short-barreled rifles and police use of force
Procedural: MPD Policies - 300 (Use of Force), 306 (Firearms), 412 (Rapid Response and Deployment) Required training: CA POST certified 16-hour patrol rifle course & 4 hours annually / qualification annually Other Notes:

These rifles are standard issue service weapons for MPD officers and as a result exempted from the Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document for transparency.

Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 38, Packet Page 161

QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT GOVERNMENT CODE § 7070(c)(1)
Description: Unmanned Aircraft Systems (UAS)
Quantity (existing): 4 (2 DJI Mini 3 Pros and 2 DJI Mavic 3 Pro) Capabilities: UAS are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.

Expected lifespan: 5 Years
Manufacturer's description:

Purpose(s)/Authorized Use:

Initial cost: $8,657.24
Annual costs: $300 (batteries, propellers, and other parts) Legal:

Procedural: MPD Policies – 606 Unmanned Aerial System (UAS) Operations Required training:

Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 39, Packet Page 162 Government Code Section § 7072 – Annual Report:

Unmanned Aircraft Systems (UAS)
Summary of how the military
equipment was used and the
purpose of its use:

The UAS were not deployed within the past 12 months. The MPD is still going through the process of implementing a Certificate of Authority and other required documentation. There were no reportable incidents in the City of Monterey.

Complaints or Concerns:

The MPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: The MPD conducted an audit of the equipment and accounted for all of the UAS’. There were no violations of the military equipment use policy.

Total Annual Cost:

Acquisition: $8,657.24
Training: $800
Other: $0.00
Funding Source: Police Budget
Quantity: 4
Intention to acquire more: No
Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 40, Packet Page 163

QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT GOVERNMENT CODE § 7070(c)(14)
Description: Remington 870 Shotgun and Kinetic Energy Munitions Quantity (existing): 2 (Assigned to the Monterey Peninsula Regional Special Response Unit) (MPRSRU) Capabilities: The shotgun Less Lethal platform is capable of firing CSI “Super-Sock” Kinetic Energy Munitions, which are fiber bean bag projectiles
Expected lifespan: 15 years
Manufacturer's description:

Purpose(s)/Authorized Use: The shotgun Less Lethal platform and Kinetic Energy Munitions are intended for use as a lesslethal use of force option Initial cost: $1,200
Annual costs: $250 (includes fiber bean bag projectiles) Legal: All applicable State, Federal and Local laws governing police use of force Procedural: MPD Policies - 306 (Firearms), 303 (Control Devices and Techniques) Required training: Two hours of initial training and two (2) hours every two (2) years (includes qualification) Other:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

MPRSRU members train on this piece of equipment 4 hours annually.

Note:

The MPD previously had 15 less lethal shotguns. Two (2) were assigned to the MPRSRU for less lethal munitions, one (1) was repurposed to a breaching shotgun for the MPRSRU and two (2) were repurposed for the MPD to use as a breaching shotgun. The remaining thirteen (13) less lethal shotguns were removed from the MPD’s inventory.

Government Code Section § 7072 – Annual Report:

Remington 870 Shotgun and Kinetic Energy Munitions
Summary of how the military
equipment was used and the
purpose of its use:

This equipment is used primarily in situations where officers encounter a subject armed with a weapon other than a firearm. The less lethal munitions are used to disarm violent individuals from a safe distance. The less lethal shotguns are owned by the MPD and assigned to the MPRSRU. There were no reportable incidents in the City of Monterey.

Complaints or Concerns:

The MPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: The MPD conducted an audit of the equipment and accounted for all of the Remington 870 less lethal shotguns. There were no violations of the military equipment use policy.

Total Annual Cost:

Acquisition: $0 (no new shotguns were acquired)
Training: $250
Others: $0
Funding Source: Police Budget
Quantity: 2
Intention to acquire more: No
Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 41, Packet Page 164

QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT GOVERNMENT CODE § 7070(c)(7)
Description: Remington 870 Shotgun and Breaching Munitions Quantity (existing): 1 (Assigned to the Monterey Peninsula Regional Special Response Unit) (MPRSRU) Capabilities: Remington 870 12 gauge shotgun modified with pistol grip and barrel standoff designed for breaching doors or other points of entry.

Expected lifespan: 15 years
Manufacturer's description:

Purpose(s)/Authorized Use:

A breaching shotgun can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and other breaching methods are determined to be ineffective.

Shotgun breaching generally needs to be supported by exigent circumstances necessitating immediate access for public safety.

Initial cost: $600
Annual costs: $500 (includes breaching munitions)
Legal: All applicable State, Federal and Local laws governing police use of force Procedural:

MPD Policies - 306 (Firearms), 303 (Control Devices and Techniques), 404 (Monterey Peninsula Regional Special Response Unit)
Required training: Two hours of initial training and two (2) hours every two (2) years (includes qualification) Other:

Government Code Section § 7072 – Annual Report:

Remington 870 Breaching Shotgun
Summary of how the military
equipment was used and the
purpose of its use:

Can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and other breaching methods are determined to be ineffective. There were no reportable incidents in the City of Monterey.

Complaints or Concerns:

The MPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: The MPD conducted an audit of the equipment and accounted for all of the Remington 870 breaching shotguns. There were no violations of the military equipment use policy.

Total Annual Cost:

Acquisition: $0
Training: $500
Others: $0
Funding Source: Police Budget
Quantity: 1
Intention to acquire more: No
Note:

Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 42, Packet Page 165

QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT GOVERNMENT CODE § 7070(c)(7)
Description: Remington 870 Shotgun and Breaching Munitions Quantity (existing): 2 (assigned to MPD)
Capabilities: Remington 870 12 gauge shotgun modified with pistol grip and barrel standoff designed for breaching doors or other points of entry.

Expected lifespan: 15 years
Manufacturer's description:

Purpose(s)/Authorized Use:

A breaching shotgun can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and other breaching methods are determined to be ineffective.

Shotgun breaching generally needs to be supported by exigent circumstances necessitating immediate access for public safety.

Initial cost: $1,200
Annual costs: $500 (includes fiber bean bag projectiles) Legal: All applicable State, Federal and Local laws governing police use of force Procedural:

Government Code Section § 7072 – Annual Report:

Remington 870 Breaching Shotgun
Summary of how the military
equipment was used and the
purpose of its use:

Can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and other breaching methods are determined to be ineffective. The MPD did not have a reportable use of the breaching shotgun. Only trained MPRSRU members are authorized to use the breaching shotgun. There were no reportable incidents in the City of Monterey.

Complaints or Concerns:

The MPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: The MPD conducted an audit of the equipment and accounted for all of the Remington 870 breaching shotguns. There were no violations of the military equipment use policy.

Total Annual Cost:

Acquisition: $0
Training: $500
Others: $0
Funding Source: Police Budget
Quantity: 2
Intention to acquire more: No
Note: The MPD previously had 15 less lethal shotguns. Two (2) were assigned to the MPRSRU for less lethal munitions, one (1) was repurposed to a breaching shotgun for the MPRSRU and two (2) were repurposed for the MPD to use as a breaching shotgun. The remaining thirteen (13) less lethal shotguns were removed from the MPD’s inventory.

Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 43, Packet Page 166

QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT GOVERNMENT CODE § 7070(c)(14)
Description: 40mm Less Lethal Launchers and Kinetic Energy Munitions Quantity (existing): 14
Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, known as sponge projectiles
Expected lifespan: 15 years
Manufacturer's description:

Purpose(s)/Authorized Use: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a lesslethal use of force option Initial cost: $41,000
Annual costs: $6,000 (includes sponge projectiles for training) Legal: All applicable State, Federal and Local laws governing police use of force Procedural: MPD Policies - 306 (Firearms), 303 (Control Devices and Techniques) Required training: Two (2) hours of initial training and (2) hours every (2) years (includes qualification) Other:

MPD has two (2) pump-action 40mm multi-shot launchers and twelve (12) single shot launcher; one less lethal launcher for each patrol vehicle. The single shot launchers replaced the less lethal shotguns.

Government Code Section § 7072 – Annual Report:
40mm Less Lethal Launchers and Kinetic Energy Munitions Summary of how the military
equipment was used and the
purpose of its use:

There were no reportable incidents in the City of Monterey.

Complaints or Concerns:

The MPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: The MPD conducted an audit of the equipment and accounted for all of the 40mm less lethal launchers. There were no violations of the military equipment use policy.

Total Annual Cost:

Acquisition: $0.00
Training: $6,000
Others: $0
Funding Source: Police Budget
Quantity: 14
Intention to acquire more: No
Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 44, Packet Page 167

QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT GOVERNMENT CODE § 7070(c)(14)
Description: 37mm Less Lethal Launcher and Oleoresin Capsicum “OC” munitions Quantity (existing): 2
Capabilities:

The 37mm Less Lethal Launcher is capable of firing barricade penetrating “OC” rounds of OC powder into a defined space. They are designed to dislodge barricaded subjects from confined areas.

Expected lifespan: 15 years
Manufacturer's description: The Federal 37 mm Less Lethal Launcher is a single-shot break-open platform designed to fire 37mm less lethal oleoresin capsicum munitions
Purpose(s)/Authorized Use: They are intended for use as a less-lethal use of force option Initial cost: $3,000
Annual costs: $100 (includes munitions)
Legal: All applicable State, Federal and Local laws governing police use of force and crowd control Procedural: MPD Policies - 306 (Firearms), 303 (Control Devices and Techniques) Required training: Two (2) hours of initial training and two (2) hours every two (2) years Other: Only Monterey Peninsula Regional Special Response Unit (MPRSRU) trained personnel and Less Lethal Instructors are authorized to use this Less Lethal launcher.

Government Code Section § 7072 – Annual Report:
37mm Less Lethal Launcher and Oleoresin Capsicum “OC” munitions Summary of how the military
equipment was used and the
purpose of its use:

The 37mm less lethal launcher and “OC” munition is used for firing penetrating “OC” rounds of “OC” powder into a defined space. They are designed to dislodge barricaded subjects from confined areas.

There were no reportable incidents in the City of Monterey.

Complaints or Concerns:

The MPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: The MPD conducted an audit of the equipment and accounted for all of the 37mm launchers.

There were no violations of the military equipment use policy.

Total Annual Cost:

Acquisition: $0
Training: $100 (munitions)
Others: $0
Funding Source: Police Budget
Quantity: 2
Intention to acquire more: No
Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 45, Packet Page 168

QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT GOVERNMENT CODE § 7070(c)(10)
Description: The Larue OBR AR-10 Semiautomatic Rifle (7.62mm projectile bullet) Quantity (existing): 1
Capabilities: The Larue OBR AR-10 is a semiautomatic rifle capable of firing a 7.62mm projectile bullet Expected lifespan: 15 years
Manufacturer's description:

The LaRue OBR (Optimized Battle Rifle) was built using a newly designed upper-receiver platform, combined with a lower, inspired from our successful 5.56 MM lower. Both the upper and lower are CNC-machined from billet, for the optimum fit and consistency. The receiver components are designed with more material in critical areas to alleviate known issues of weakness in 7.62 platforms and to stiffen the receiver, for maximum accuracy.

Purpose(s)/Authorized Use: This rifle is authorized for use by Precision Rifle/Observer SWAT Operator(s) only. It is deployed in conjunction with the Monterey Peninsula Regional Special Response Unit SWAT Team during highrisk incidents.

Initial cost: $10,000 (includes scope and other accessories) Annual costs: $2,000 (includes ammunition and cleaning supplies) Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural:

MPD Policies - 300 (Use of Force), 306 (Firearms), 404 (Monterey Peninsula Regional Special Response Unit), 412 (Rapid Response and Deployment)
Required training:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually. MPRSRU Precision Rifle/Observers must also complete a 40 Post certified SWAT precision rifle/observer course and attend 120 hours of training annually.

Government Code Section § 7072 – Annual Report:

The Larue OBR AR-10 Semiautomatic Rifle (7.62mm projectile bullet) Summary of how the military
equipment was used and the
purpose of its use:

Complaints or Concerns:

The MPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: The MPD conducted an audit of the equipment and accounted for the rifle. There were no violations of the military equipment use policy.

Total Annual Cost:

Acquisition: $0 (no additional rifles were acquired)
Training: $1,800 (ammunition)
Other: $200 (cleaning supplies, optic batteries, parts) Funding Source: Police Budget (Training)
Quantity: 1
Intention to acquire more: No
Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 46, Packet Page 169

QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT GOVERNMENT CODE § 7070(c)(10)
Description: FN SPR Precision Rifle
Quantity (existing): 1
Capabilities: The FN SPR is a bolt action rifle capable of firing a .308 caliber projectile bullet.

Expected lifespan: 15 years
Manufacturer's description:

All A5 M barrels are MIL-SPEC cold hammer-forged, fluted and have a hard-chromed bore. The A5M has a detachable box magazine (DBM) in 308 Winchester models. The one-piece steel MILSTD-1913 optical rail has an additional 20 MOA of elevation built in. The fully adjustable matte black McMillan™ fiberglass stock offers a close-radius upright grip, textured gripping surfaces, undercut buttstock profile, semi-wide tapered fore-end, adjustable comb and four flush mounting points for slings plus a steel bipod stud.

Purpose(s)/Authorized Use: This rifle is authorized for use by Precision Rifle/Observer SWAT Operator(s) only and is deployed during high-risk incidents
Initial cost: $10,000 (rifle, scope, attachments/equipment) Annual costs: $2,000 (includes ammunition and cleaning supplies) Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural:

MPD Policies - 300 (Use of Force), 306 (Firearms), 404 (Monterey Peninsula Regional Special Response Unit), 412 (Rapid Response and Deployment)
Required training:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually. MPRSRU Precision Rifle/Observers must also complete a 40 Post certified SWAT precision rifle/observer course and attend 120 hours of training annually.

Government Code Section § 7072 – Annual Report:

FN SPR Precision Rifle
Summary of how the military
equipment was used and the
purpose of its use:

Complaints or Concerns:

The MPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: The MPD conducted an audit of the equipment and accounted for the rifle. There were no violations of the military equipment use policy.

Total Annual Cost:

Acquisition: $0 (no additional rifles were acquired)
Training: $1,800 (ammunition)
Other: $200 (cleaning supplies, optic batteries, parts) Funding Source: Police Budget
Quantity: 1
Intention to acquire more: No
Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 47, Packet Page 170

QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT GOVERNMENT CODE § 7070(c)(10)
Description: Desert Tech SRS M2 Precision Rifle
Quantity (existing): 1
Capabilities: The Desert Tech SRS M2 is a bolt action rifle capable of firing a .308 caliber projectile bullet.

Expected lifespan: 15 years
Manufacturer's description:

Purpose(s)/Authorized Use:

Initial cost: $10,000 (rifle, scope, attachments/equipment) Annual costs: $2,000 (includes ammunition and cleaning supplies) Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural:

MPD Policies - 300 (Use of Force), 306 (Firearms), 404 (Monterey Peninsula Regional Special Response Unit), 412 (Rapid Response and Deployment)
Required training:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually. MPRSRU Precision Rifle/Observers must also complete a 40 Post certified SWAT precision rifle/observer course and attend 120 hours of training annually.

Other: N/A
Government Code Section § 7072 – Annual Report:

Desert Tech SRS M2 Precision Rifle
Summary of how the military
equipment was used and the
purpose of its use:

Complaints or Concerns:

The MPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: The MPD conducted an audit of the equipment and accounted for the rifle. There were no violations of the military equipment use policy.

Total Annual Cost:

QUALIFYING EQUIPMENT UTILIZED BY THE MONTEREY POLICE DEPARTMENT USED AS PART OF THE MPRSRU GOVERNMENT CODES § 7070(c)(1) and 7071(a)(1)(D)
Description: Unmanned, Remotely Piloted Powered Aerial and Ground Vehicles Quantity (existing):
0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team and Sheriff's Bomb Squad)
Capabilities:

Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.

Expected lifespan: 5 years
Manufacturer's Description:

Purpose(s)/Authorized Use:

Initial Cost: $0 (not owned by MPD)
Annual Costs: $0 (not maintained by MPD)
Legal:

All applicable State, Federal and Local laws. Any use of UAS/Drone platforms will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.

Procedural: MPD Policies - 404 (Monterey Peninsula Regional Special Response Unit) Required Training:

Other:

Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 49, Packet Page 172 Government Code Section § 7072 – Annual Report:

Unmanned, Remotely Piloted, Powered Aerial and Ground Vehicles Summary of how the military
equipment was used and the
purpose of its use:

In November of 2023, the MPRSRU served a high-risk search warrant in the City of Monterey on a known drug user who had brandished an assault rifle at a neighbor. The MPRSRU used remotely piloted ground vehicles (robots) to ensure the safety of the officers involved.

Complaints or Concerns:

The MPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: This equipment is not owned or maintained by the Monterey Police Department Total Annual Cost: There is no cost to the Monterey Police Department Quantity: 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team and Sheriff's Bomb Squad)
Intention to Acquire More: No
Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 50, Packet Page 173

QUALIFYING EQUIPMENT UTILIZED BY THE MONTEREY POLICE DEPARTMENT USED AS PART OF THE MPRSRU GOVERNMENT CODES §7070(c)(3) and 7071(a)(1)(D)
Description: MPRSRU Rescue Vehicle (Lenco Bearcat Armored Vehicle) Quantity (existing): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities: Capable of transporting personnel and equipment while providing them with armored protection.

Also has a breaching apparatus that can be attached.

Expected Lifespan: 10 years
Manufacturer's Description:

Purpose(s)/Authorized Use:

Initial Cost: $0 (not owned by MPD)
Annual Costs: $0 (not maintained by MPD)
Legal: All applicable State, Federal and Local laws
Procedural: MPD Policies - 404 (Monterey Peninsula Regional Special Response Unit) Required Training:

The SRU Rescue Vehicle is driven by approved personnel who have received training in the vehicle’s operation. The training includes both classroom and practical driving exercises. Operators also receive scenario based training to include the decision making process as to how it should and should not be deployed. Scenario based training includes constitutional and community policing principles as it relates to SRU Rescue Vehicle deployment. All MPRSRU members are required to complete an initial POST Certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 51, Packet Page 174 Government Code Section § 7072 – Annual Report:

MPRSRU Rescue Vehicle (Lenco Bearcat Armored Vehicle)
Summary of how the
military equipment was used
and the purpose of its use:

The MPRSRU Rescue Vehicle (Lenco Bearcat Armored Vehicle) is intended for use during critical incidents including, but not limited to: (a) Hostage situations; (b) Barricaded subject incidents; (c) Active shooter situations; (d) High risk arrest and search warrants; (e) Any threat of explosive devices; (f) Other situations where ballistic protection is necessary for the protection of personnel.

In November of 2023, the MPRSRU served a high-risk search warrant on a known drug user who brandished an assault rifle at a neighbor in the City of Monterey. The Lenco Bearcat Armored Vehicle was deployed and a PA system was used to communicate with the suspect. Additionally, the vehicle provided safety to the officers on scene.

Complaints or Concerns:

The MPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: This equipment is not owned or maintained by the Monterey Police Department.

Total Annual Cost: There is no cost to the Monterey Police Department.

Quantity: 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Intention to Acquire More: No
Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 52, Packet Page 175

QUALIFYING EQUIPMENT UTILIZED BY THE MONTEREY POLICE DEPARTMENT USED AS PART OF THE MPRSRU GOVERNMENT CODES § 7070(c)(5) and 7071(a)(1)(D)
Description: Workhorse Commercial Van
Quantity (existing): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities: Vehicles modified to facilitate the control and direction of public safety units.

Expected Lifespan: Unknown
Manufacturer's Description: Unavailable
Purpose(s)/Authorized Use: Workspace for commanding/supervising personnel during critical incidents and utilized community outreach events, such as National Night Out, Public Safety Outreach, etc.

Government Code Section § 7072 – Annual Report:

Workhorse Commercial Van
Summary of how the military
equipment was used and the
purpose of its use:

Workspace for commanding/supervising personnel during critical incidents and utilized community outreach events, such as National Night Out, Public Safety Outreach, etc.

In November of 2023, the MPRSRU served a high-risk search warrant on a known drug user who had brandished an assault rifle at a neighbor in the City of Monterey. The Command vehicle was used to deploy, direct, and command personnel at the incident.

Complaints or Concerns:

The MPD did not receive any complaints or concerns regarding this military equipment.

Internal Audits, Violations,
Actions: This equipment is not owned or maintained by the Monterey Police Department.

Total Annual Cost: There is no cost to the Monterey Police Department.

Quantity: 0 (owned by collaborating law enforcement agency for MPRSRU SWAT) Intention to Acquire More: No
Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 53, Packet Page 176

QUALIFYING EQUIPMENT UTILIZED BY THE MONTEREY POLICE DEPARTMENT USED AS PART OF THE MPRSRU GOVERNMENT CODES § 7070(c)(12) and 7071(a)(1)(D)
Description: Flashbang Grenades, Explosive Breaching Tools, Tear Gas and Pepper Balls Quantity (existing): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities: Capable of breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemical.

Expected Lifespan: Unknown
Manufacturer's Description:

A full-line manufacturer, Defense Technology’s premier product lines are grouped into five categories including aerosols, impact munitions, distraction devices, chemical munitions and launchers.

Purpose(s)/Authorized Use: Breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemicals.

Government Code Section § 7072 – Annual Report:

Flashbang Grenades, Explosive Breaching Tools, Tear Gas and Pepper Balls Summary of how the military
equipment was used and the
purpose of its use:

The Monterey Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is owned and operated by MPRSRU SWAT. While the Monterey Police Department does not own this equipment, it may be used in Monterey by MPRSRU SWAT if they are deployed to an incident within city limits.

There were no reportable incidents in the City of Monterey.

Complaints or Concerns:

The MPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: This equipment is not owned or maintained by the Monterey Police Department.

Total Annual Cost: There is no cost to the Monterey Police Department.

QUALIFYING EQUIPMENT UTILIZED BY THE MONTEREY POLICE DEPARTMENT USED AS PART OF THE MPRSRU GOVERNMENT CODES § 7070(c)(7) and 7071(a)(1)(D)
Description: Remington 870 Breaching Shotgun
Quantity (existing): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities: Remington 870 12 gauge shotgun modified with pistol grip and barrel standoff designed for breaching doors or other points of entry
Expected Lifespan: Unknown
Manufacturer's Description:

Purpose(s)/Authorized Use:

Can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and other breaching methods are determined to be ineffective. Shotgun breaching generally needs to be supported by exigent circumstances necessitating immediate access for public safety.

Initial Cost: $0 (not owned by MPD)
Annual Costs: $0 (not maintained by MPD)
Legal: All applicable State, Federal and Local laws governing police use of force Procedural: MPD Policies - 404 (Monterey Peninsula Regional Special Response Unit) Required Training:

All MPRSRU members complete a certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually. MPRSRU members train on this piece of equipment 4 hours annually.

Government Code Section § 7072 – Annual Report:

Remington 870 Breaching Shotgun
Summary of how the military
equipment was used and the
purpose of its use:

The Monterey Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is owned and operated by MPRSRU SWAT. While the Monterey Police Department does not own this equipment, it may be used in Monterey by MPRSRU SWAT if they are deployed to an incident within city limits.

There were no reportable incidents in the City of Monterey.

Complaints or Concerns:

The MPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: This equipment is not owned or maintained by the Monterey Police Department.

Total Annual Cost: There is no cost to the Monterey Police Department.

Quantity: 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team Intention to Acquire More: No
Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 55, Packet Page 178

QUALIFYING EQUIPMENT UTILIZED BY THE MONTEREY POLICE DEPARTMENT USED AS PART OF THE MPRSRU GOVERNMENT CODES § 7070(c)(14) and 7071(a)(1)(D)
Description: 37mm Less Lethal Launcher and Oleoresin Capsicum “OC” munitions Quantity (existing): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities: The 37mm Less Lethal Launcher is capable of firing barricade penetrating “OC” rounds which disperse .02 ounces of OC powder into a defined space. These munitions are designed to dislodge barricaded subjects from confined areas.

Expected Lifespan: 15 years
Manufacturer's Description: The Federal 37 mm Less Lethal Launcher. Is a single-shot break-open platform designed to fire 37mm less lethal oleoresin capsicum munitions.

Purpose(s)/Authorized Use: The 37mm Less Lethal Launchers and “OC” Munitions are intended for use as a less-lethal use of force option
Initial Cost: $0 (not owned by MPD)
Annual Costs: $0 (not maintained by MPD)
Legal: All applicable State, Federal and Local laws governing police use of force Procedural: MPD Policies - 404 (Monterey Peninsula Regional Special Response Unit) Required Training:

Government Code Section § 7072 – Annual Report:
37mm Less Lethal Launcher and Oleoresin Capsicum “OC” munitions Summary of how the military
equipment was used and the
purpose of its use:

There were no reportable incidents in the City of Monterey.

Complaints or Concerns:

The MPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: This equipment is not owned or maintained by the Monterey Police Department.

Total Annual Cost: There is no cost to the Monterey Police Department.

Quantity: 0 (owned by collaborating law enforcement agency for MPRSRU SWAT) Intention to Acquire More: No
Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 56, Packet Page 179

QUALIFYING EQUIPMENT UTILIZED BY THE MONTEREY POLICE DEPARTMENT USED AS PART OF THE MPRSRU GOVERNMENT CODES § 7070(c)(14) and 7071(a)(1)(D)
Description: 40mm Less Lethal Launchers and Kinetic Energy Munitions Quantity (existing): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, known as sponge projectiles
Expected lifespan: 15 years
Manufacturer's description:

Initial cost: $0 (not owned by MPD)
Annual costs: $0 (not maintained by MPD)
Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: MPD Policies - 404 (Monterey Peninsula Regional Special Response Unit) Required training:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

MPRSRU members train on this piece of equipment 4 hours annually.

Other:

Government Code Section § 7072 – Annual Report:
40mm Less lethal Launchers and Kinetic Energy Munitions Summary of how the military
equipment was used and the
purpose of its use:

There were no reportable incidents in the City of Monterey.

Complaints or Concerns:

The MPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: This equipment is not owned or maintained by the Monterey Police Department.

Total Annual Cost: There is no cost to the Monterey Police Department.

Quantity: 0 (owned by collaborating law enforcement agency for MPRSRU SWAT) Intention to Acquire More: No
Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 57, Packet Page 180

QUALIFYING EQUIPMENT ACQUISITION REQUEST
GOVERNMENT CODE § 7070(c)(5)
Description: LDV Inc. Custom Specialty Vehicles - Crisis Negotiation Team Command Vehicle Quantity:
1 sought (Approved in 20222 and 2023, purchased through grant cycle for 2024, to be owned by MPD and utilized by MPRSRU – CNT)
Capabilities: Vehicles modified to act as Negotiations Operations Center at critical incidents Expected lifespan: 20 years
Manufacturer's description: 2022 Ford E-450 Cutaway - Emergency Response Vehicle - Mobile Command Vehicle Purpose(s)/Authorized Use:

Initial cost:
$200,000 initial outlay to be reimbursed through the Homeland Security Grant Program - Urban Areas Security Initiative. Will not be procured until October 2023 in FY 24.

Annual costs: $2,500 / year maintenance and upkeep
Legal: All applicable State, Federal and Local laws governing police use of force Procedural: MPD Policies - 404 (Monterey Peninsula Regional Special Response Unit) Required training:

Other:

Note: Item was approved by the Monterey City Council by Ordinance 3649 in 2022 and 2023 Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 58, Packet Page 181

QUALIFYING EQUIPMENT ACQUISITION REQUEST
GOVERNMENT CODE § 7070(c)(10)
Description: Semiautomatic Rifles and Ammunition
Quantity
(existing/sought): 13 (sought)
Capabilities: The Colt semiautomatic rifle is capable of firing 5.56mm projectile bullet.

Expected lifespan: 15 years
Manufacturer's
description:

The Colt features the railed forend. The rail system features the patented bolt-up attachment system. The Colt rifle is unmatched in size, weight, and performance. These rifles are ambidextrous Purpose(s)/Authorized
Use:

Initial cost: Approximately $33,000 (includes, rifle, optics, slings, and flashlight) Annual costs: Approximately $1,500 (ammunition, repair parts, batteries, etc.) Legal: CA Penal Code 33220(b). All other applicable State, Federal and Local laws governing short-barreled rifles and police use of force.

Procedural: MPD Policies - 300 (Use of Force), 306 (Firearms), 412 (Rapid Response and Deployment) Required training: CA POST certified 16-hour patrol rifle course & 4 hours annually / qualification annually Other Notes:

The MPD will be replacing 13 rifles that are over 24 years old. For approximately 15 years, these rifles were department pool rifles and have a great deal of wear and tear.

Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 59, Packet Page 182

QUALIFYING EQUIPMENT ACQUISITION REQUEST
GOVERNMENT CODE § 7070(c)(10)
Description: Desert Tech SRS M2 Precision Rifle
Quantity
(existing/sought): 1 (sought)
Capabilities: The Desert Tech SRS M2 is a bolt action rifle capable of firing a .308 caliber projectile bullet.

Expected lifespan: 15 years
Manufacturer's
description:

Purpose(s)/Authorized
Use:

Initial cost: $5,330 (rifle, attachments/equipment)
Annual costs: $2,000 (includes ammunition and cleaning supplies) Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: MPD Policies - 300 (Use of Force), 306 (Firearms), 404 (Monterey Peninsula Regional Special Response Unit), 412 (Rapid Response and Deployment)
Required training:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually. MPRSRU Precision Rifle/Observers must also complete a 40 Post certified SWAT precision rifle/observer course and attend 120 hours of training annually.

Other Notes: The MPD will replace the Larue OBR AR-10 precision rifle with the Desert Tech SRS M2 Precision Rifle Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 60, Packet Page 183

QUALIFYING EQUIPMENT ACQUISITION REQUEST
GOVERNMENT CODE § 7070(c)(14)
Description: Pepper Ball Launcher
Quantity
(existing/sought): 2 (sought)
Capabilities: The Pepperball VKS Pro is a less lethal launcher designed to use compressed air to launch .68 caliber plastic pepperballs containing powdered OC
Expected lifespan: 15 years
Manufacturer's
description:

Initial cost: $6,306.77
Annual costs: $450 (includes training rounds and maintenance) Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: MPD Policies -300-(Use of Force) 306 (Firearms), 303 (Control Devices and Techniques) Required training: Two (2) hours of initial training and (2) hours every (2) years (includes qualification) Attachment 3
Council Regular Meeting, 4/16/2024, Item No. 10., Item Page 61, Packet Page 184

Monterey City CouncilApril 16, 2024

Monterey City Council
April 16, 2024