Agenda packet — Monterey City Council, July 16, 2024 (part 22 of 22)

For all the reasons mentioned above, it is clear to us that this site is not suitable for any development, and in particular, high-density development. We strongly encourage you to remove APN number 259-091-011-000 from the proposal that is being submitted to the State.

Sincerely,
Dana & Collette McManus
Monterey Resident
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3751, Packet Page 4079 Monterey's RHNA plan
Robert Cochran
Sun 6/23/2024 3:01 PM
To:Christy Sabdo <[email protected]>
You don't often get email from Learn why this is important Dear Christy Sabdo, and City of Monterey:

There’s no question that our community needs more affordable housing, but I feel quite strongly that the School District Site (in Tarpy Flats; APN number 259-091- 011-000; the “school site”) should not be included in the city’s plan. The State’s guidelines for selecting affordable housing sites require that we a) protect desirable land, b) prevent soil erosion and enhance water quality and c) minimize risks from fire. The school site fails on all three requirements, and worse, the sites fail for many environmental and archeological reasons.

The Big Sur Land Trust (BSLT) has recently purchased a 50-acre parcel of land that is contiguous to this parcel and, together, a part of a wildlife corridor and essential fire break. In their May 31 letter to the Monterey County Planning Commission, BSLT has identified these lands as an invaluable ecological resource to our community. The vernal pools are a kind of wetland and are protected by both state and federal laws. Tarpy Flats harbor the federally endangered Yadon’s rein-orchid and the California Rare Trifolium polyodont. The BSLT further states that preserving these lands, including the school site, is important for:
· Preserving the cultural importance of the land to the Ohlone/CostanoanEsselen Nation. · The wetlands conserved on this property trap sediment, improve water quality, and decrease the flood risk for the downstream communities along the Canyon Del Rey watershed. These ecosystem benefits will help reduce climate change impacts related to increased storm flows of water and sediment. This feature will be lost if a development is built on the school site.
· The wetlands also help to sequester carbon, and the property’s location in a wildlife corridor will allow species to move across landscapes to find food, water and shelter.
· Proper management of this land will reduce wildfire risk for the surrounding wildland urban interface of Monterey and Del Rey Oaks.
· Protecting important habitats that are part of a valuable wildlife corridor. Deer, coyote, mountain lions and black bears have been spotted on the land. 6/24/24, 9:19 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3752, Packet Page 4080 The California Native Plant Society (in their June 3 letter to the Monterey County Planning Commission) stated that the school site includes extensive, rare and extremely high-quality Coastal Prairie Grasslands with Coast Live Oak Woodland-Savanna and a significant stand of Monterey Pine Forest. The Coastal Prairie Grassland habitat includes notable patches of native, perennial bunchgrasses and flowering forbs, as well as mima-mound topology characterized by low, mounded hillocks that allow ponded water to create seasonal vernal pools during rainy winter months. The Monterey Pine Forest stand straddling the site includes at least 23 element occurrences of sensitive status plants and animals (many of which are protected by either Federal or State Endangered Species Act).

These have been documented and mapped by the California Department of Fish and Wildlife.

Mayor Mary Ann Carbone of Sand City, in her May 13 letter to the Monterey County Planning Commission, identified that Indigenous artifacts have been found on these properties and it is likely that Indigenous people lived and perhaps, are buried in this area as well. This was also pointed out by the BSLT.

In addition to these environmental, cultural, and archaeological concerns, there are many practical concerns. The State requires that we select “realistic” sites, but the school site is not realistic. Specifically:
· Environmentally sensitive area: As mentioned, The Big Sur Land Trust (BSLT) has recently purchased a 50-acre parcel of land that is contiguous to the site and, together, form a wildlife corridor and essential fire break. The features of the purchased land will also be true for the parcels on the school site. · Water: Recently, a developer investigated the availability of water by drilling on an adjacent site, for the purpose of building a development using the Affordable Housing Overlay. The study concluded that there was insufficient water to proceed without new water permits.
· Access: The school site is land locked. It has no direct access to any roads except by imposing eminent domain on the adjacent lots. To the west is the recently purchased BSLT land which is designated as preserved which makes it unlikely to obtain road access. To the north (and again, through the BSLT land) is highway 68 and it is unlikely that CalTrans will allow direct access to this parcel as it will create a dangerous intersection. To the west are privately held lands.

Access to Olmsted Road through these lands requires the construction of a nearly 1-mile road over waterways and fissures in the land; a highly expensive proposition which is inconsistent with the concept of “affordable housing”. · Traffic: Traffic on HW 68 is already congested and this intersection is particularly bad because it is the gateway to Monterey Regional Airport. Bringing affordable housing closer to jobs is certainly the correct approach but doing so by 6/24/24, 9:19 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3753, Packet Page 4081 gridlocking HW 68 is not reasonable. Gridlocking HW68 would severely impact ingress and egress to and from the Airport, an economic lifeline to the County.

Furthermore, in case of an emergency, it would be impossible to exit these properties.
· Fire hazard: This area is in a “high fire danger zone” and is adjacent to an “extremely high fire danger zone.” Additional housing will increase the danger of fire; also, at present, it is virtually impossible to obtain fire insurance for most houses in the area. Homeowners and residents in this area will have to bear the burden of self-insuring but affordable housing is for low-income households who cannot afford to self-insure.
· Airport noise: This site is across the street from the end of the runway where planes begin their take-off. This is the loudest part of the airport and will certainly impact quality of life for residents here. The takeoff noise of individual flights over the subject parcel needing rezoning could reach 85 decibels or higher. This level high enough to cause progressive hearing loss to the > 1000 residents of the subject parcel.

Once accepted on the RHNA plan, the site is rezoned, and this rezoning is permanent. Therefore, it is imperative that this mistake not be allowed to occur.

For all the reasons mentioned above, it seems clear that the school site is not suitable for any development, let alone high-density development. I strongly encourage you to remove APN number 259-091-011-000 from the proposal that is being submitted to the State.

Sincerely,
Robert Cochran
Monterey
[NOTICE: This message originated outside of the City of Monterey mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] 6/24/24, 9:19 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3754, Packet Page 4082 Comments re: City of Monterey's Revised Draft RHNA proposal to be submitted to HCD June 26,2024
James Washington
Sun 6/23/2024 3:18 PM
To:Christy Sabdo <[email protected]>
Cc:James Washington
Dear City of Monterey
I would like to provide you with my strong support for a responsible, affordable housing program. Our community needs more affordable housing.

The State’s guidelines for selecting affordable housing sites require that we a) protect desirable land
b) prevent soil erosion and enhance water quality and
c) minimize risks from fire.

The School District Site: APN number 259-091-011-000; the “school site” fails on all three requirements.

But more importantly, APN 259-091-011-000 which is part of Tarpy Flats fails for multiple environmental and archeological reasons:

The Big Sur Land Trust (BSLT) has recently purchased a 50-acre parcel of land that is contiguous to this parcel.

Together these parcels:

Form a part of the last wildlife corridor that connects Fort Ord to Jacks Peak and Palo Corona Regional Park.

And form an essential fire break.

In their May 31 letter to the Monterey County Planning Commission, BSLT identified these lands as an invaluable ecological resource to our community. Tarpy Flats is one of the last remaining, unique, and undeveloped marine terraces in Monterey. Its vernal pools are a kind of wetland and are protected by both state and federal laws. Tarpy Flats is home to the federally endangered Yadon’s rein-orchid and the California Rare Trifolium polyodont. The BSLT further states that preserving these lands is important for:
a) Preserving the cultural importance of the land to the Ohlone/Costanoan-Esselen Nation. b) The wetlands conserved on this property trap sediment, improve water quality, and decrease the flood risk for the downstream communities along the Canyon Del Rey watershed. These ecosystem benefits will help reduce climate change impacts related to increased storm flows of water and sediment. This feature will be lost if a development is built. c) The wetlands also help to sequester carbon, and the property’s location in a wildlife corridor will allow species to move across landscapes to find food, water and shelter. d) Proper management of this land will reduce wildfire risk for the surrounding wildland urban interface of Monterey and Del Rey Oaks.
e) Protecting important habitats that are part of a valuable wildlife corridor. Deer, coyote, fox, mountain lions, bobcats, black bears as well as many birds- live, feed, and pass through this land.

In their June 3 letter to the Monterey County Planning Commission, The California Native Plant Society stated that Tarpy Flats (which includes APN number 259-091-011-000; the “school site”) has 6/24/24, 9:21 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3755, Packet Page 4083 extensive, rare and extremely high-quality Coastal Prairie Grasslands, with Coast Live Oak WoodlandSavanna, and a significant stand of Monterey Pine Forest. The Coastal Prairie Grassland habitat includes notable patches of native, perennial bunchgrasses and flowering forbs, as well as mima-mound topology characterized by low, mounded hillocks that allow ponded water to create seasonal vernal pools during rainy winter months. These vernal pools support rare species such as fairy shrimp and the California Tiger Salamander, as well as many rare plant assemblages. The Monterey Pine Forest stand straddling these sites includes the federally endangered Yadon’s rein-orchid, an endemic species found nowhere else in the world except the Monterey region. At least 23 element occurrences of sensitive status plants and animals have been documented and mapped on Tarpy Flats by the California Department of Fish and Wildlife, and many of these are protected by Federal and State Endangered Species Laws.

In her May 13 letter to the Monterey County Planning Commission the Mayor of Sand City Mary Ann Carbone, stated that Indigenous artifacts have been found on Tarpy Flats (which includes APN number 259-091-011-000; the “school site”) and it is likely that Indigenous people lived and are buried in this area as well. This was also pointed out by the BSLT. Furthermore, she pointed out the many environmental and safety issues associated with developing these sites.

1. Environmentally sensitive area: The Big Sur Land Trust (BSLT) has recently purchased a 50- acre parcel of land that is contiguous to these parcels and, together, form a wildlife corridor and essential fire break. The features of the purchased land are also true for APN 259-091- 011-000 the “school site”.

2. Water: Recently, a developer investigated the availability of water by drilling on an adjacent site, for the purpose of building a development using the Affordable Housing Overlay. The study concluded that there was insufficient water to proceed without new water permits.

3. Access: The school site is land locked. It has no direct access to any roads except by imposing eminent domain on the adjacent lots. To the west is the recently purchased BSLT land which is designated as preserved which makes it unlikely to obtain road access. To the north (and again, through the BSLT land) is highway 68 and it is unlikely that Caltrans will allow direct access to this parcel as it will create a dangerous intersection. To the west are privately held lands. Access to Olmsted Road through these lands requires the construction of a nearly 1- mile road over waterways and fissures in the land; a highly expensive proposition which is inconsistent with the concept of “affordable housing”.

4. Traffic: Traffic on HW 68 is already congested and this intersection is particularly bad because it is the gateway to the Airport. Bringing affordable housing closer to jobs is certainly the correct approach but doing so by gridlocking HW 68 is not reasonable. Gridlocking HW 68 at Olmsted Road would severely impact ingress and egress to and from Monterey Regional Airport, an economic lifeline to the County. Furthermore, in case of an emergency, it would be impossible to exit these properties.
6/24/24, 9:21 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3756, Packet Page 4084

5. Fire hazard: This area is in a “high fire danger zone” and is adjacent to an “extremely high fire danger zone.” At present, it is virtually impossible to obtain fire insurance for most houses in the area. Homeowners and residents in this area will have to bear the burden of self-insuring but affordable housing is for low-income households who cannot afford to self-insure.

6. Airport noise: This parcel is across the street from the end of the runway where planes begin their take-off. This is the loudest part of the airport and will certainly impact quality of life for residents here. The takeoff noise of individual flights over the subject parcel needing rezoning could reach 85 decibels or higher. This level is high enough to cause progressive hearing loss to the > 1000 residents of the subject parcel.

7. Vanishing Greenbelt. The removal of this greenbelt is a significant adverse impact aesthetically and visually as well as a loss of habitat for many keystone animal species that can be observed on the subject parcel. Frequent observations occur of Apex/keystone species such as Mountain Lion, Bobcat and Coyote as well as many avian species of special interest, such as red shouldered hawks and peregrine falcons. Within the past few weeks, KWBW reported on sightings of both bears and mountain lions in the Jacks Peak neighborhood which is within a short walk of these parcels. See:
https://www.facebook.com/100064912142998/posts/pfbid02iGA5UzZpuoAmstjiLESdDoMmS tMdD3E9S1wmgESr3dUWNMEuVBRAPPjHhPuH1BzJl/?mibextid=cr9u03

8. Safety (flight crash risk): Within the past 3 years, a plane from Monterey Airport crashed into a single-family residence located approximately 1 mile from this site. Fortunately, no one was home at the time and the casualties were limited to the pilot and her passenger. This will not be the case with such a high-density development. In the event of a similar accident hitting the proposed development, the casualties would number in the hundreds if not thousands.

I would like to point out that, once accepted on the RHNA plan, the site is rezoned, and this rezoning is permanent.

There is no justification for listing this property as Tier 1. In fact, it scarcely qualifies as Tier 5.

Therefore, it is imperative that this mistake not be allowed to occur.

Please do the right thing and Save Tarpy Flats.

This land should be preserved for future generations -not paved over, and destroyed forever.

Sincerely,
James Washington
Resident of Monterey, Ca
6/24/24, 9:21 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3757, Packet Page 4085 [NOTICE: This message originated outside of the City of Monterey mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] 6/24/24, 9:21 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3758, Packet Page 4086 Re: City of Monterey Revised Draft 2023-2031 Housing Element - Available for Public Review
Steven Thayer
Sun 6/23/2024 4:22 PM
To:Christy Sabdo <[email protected]>
Cc:100-District 5
I am writing about the four sites in the City's Jun 2024 Housing Element Site Inventory located near the Monterey Airport.

It appears the City intends to rezone as follows:

1. three sites on Garden Road/Garden Court (to accommodate 687 housing units)

2. the MPUSD site on the south side of Highway 68 (to accommodate 614 housing units) My great concern is that such rezoning starts the clock on a process that will ultimately lock in high density housing illsuited to these locations.

The Garden Road/Garden Court sites are in addition to four other sites on Garden Road (totalling 180 housing units) that are already in the City's planning process. The combined effect will be to add substantially to the congestion at the intersection of Olmsted Road and Highway 68 (gateway to the airport) at the very time that airport expansion is being planned (also adding to that congestion). In addition, this congestion risks the obstruction of emergency evauation via Olmsted Road in the event of a fire in the high/very high fire hazard security zones on the south side of Highway 68.

The MPUSD site is in Tarpy Flats, a region which the Big Sur Land Trust has identified as part of a wildlife corridor and an "invaluable ecological resource" in a Wildland Urban Interface (WUI). Development on this site would cause an irretrievable loss of wildland.

Sincerely,
Steven Thayer
Monterey, CA 93940
On Tuesday, June 18, 2024 at 05:36:26 PM PDT, Christy Sabdo <[email protected]> wrote:

To Interested Community Member:

Under State law, the California Department of Housing and Community Development (HCD) must review and certify the City's 2023-31 Housing Element as complete. Since the April 30, 2024 submittal of the Housing Element to HCD, the City has been working directly with HCD staff to adequately address any outstanding comments. The Revised Draft Housing Element is now available for public review before it is formally resubmitted to HCD for certification. The City intends to resubmit the Draft Housing Element to HCD on Wednesday, June 26, 2024. The Monterey 2031 General Plan Update consisting of the Housing, Land Use, Safety, and Circulation Elements will be considered for adoption at a joint Planning Commission and City Council hearing scheduled for July 16, 2024.

Comments can be sent to the Planning Division by emailing Christy Sabdo, Senior Associate Planner:
[email protected] or mailing a letter to City of Monterey Planning Division, 580 Pacific Street, Monterey, CA 93940. All comments received will be shared with the Planning Commission and City Council ahead of the public hearing planned in July 2024.

The revised Draft Housing Housing Element is available under News Feed on the project website:
https://haveyoursaymonterey.org/monterey2031
6/24/24, 9:22 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3759, Packet Page 4087 Respectfully,
Christy
Christy Sabdo, AICP
Senior Associate Planner | City of Monterey
570 Pacific Street | Monterey, CA 93940
831-646-3885 (main) | 831-646-3758 (direct) |
[email protected] | have your say | city website
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3760, Packet Page 4088 Tarpy flats
Victoria Yakobovich
Sun 6/23/2024 4:29 PM
To:Christy Sabdo <[email protected]>
[You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
Dear CHRISTY,
I am in favor of affordable housing there is a tremendous NEED FOR IT ON THE MONTEREY PENINSULA.

I have lived here for over 50 years and have observed the home prices going up dramatically.

But not at the expense of not following the guidelines provided by the state. 1) protect desirable land
2) minimize risk from fire
3) prevent soil erosion and enhance water quality.

The school district site in Tarpy Flats fails on all three requirements.

There is no water available a developer drilled on the adjacent property there was insufficient water .

I travel frequently on HWY 68 which is getting more impacted every day with traffic. We must consider the ingress and egress to the Monterey Regional airport especially with the expansion they are doing and bringing in new carriers.

The parcel is in a high fire zone and obtaining fire insurance is almost impossible. How do you expect low income housing individuals to self insure ?
The Big Sur Land Trust have written a letter on May 31 citing the reasons for no development of this parcel.

Preserving the cultural importance of the land to the Ohlone/ Costanoan-esselen Nation.

Protecting important habitants that are a valuable wildlife corridor.

The wetlands conserved on this property trap sediment , improve SOCIETY water quality and decrease the flood risk for the flood risk for the downstream communities along CANYON Del Rey watershed.

The California Native Plant Society wrote a letter to the Monterey County Planning Commision on June 3.

Stating these sites include extensive rare and extremely quality Coastal Prarie Grasslands with Coast live oak , Woodland Savanna and Monterey Pine Forest. They have also cited that indigenous artifacts have been found on this property
And possibly some are buried there.

For all the above stated reason I highly request this site be removed from the RHNA PLAN I am sure you will do what is right for the communities surrounding APN number 259-091-011-000.

Thank you
A very concerned resident of Monterey County
Sent from my i
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3761, Packet Page 4089 RHNA plan
Laurie Cochran
Sun 6/23/2024 7:24 PM
To:Christy Sabdo <[email protected]>
You don't often get email from Learn why this is important Dear City of Monterey:

The Big Sur Land Trust (BSLT) has recently purchased a 50-acre parcel of land that is contiguous to this parcel and, together, a part of a wildlife corridor and essential fire break. In their May 31 letter to the Monterey County Planning Commission, BSLT has identified these lands as an invaluable ecological resource to our community. The vernal pools are a kind of wetland and are protected by both state and federal laws. Tarpy Flats harbor the federally endangered Yadon’s rein-orchid and the California Rare Trifolium polyodont. The BSLT further states that preserving these lands, including the school site, is important for:
· Preserving the cultural importance of the land to the Ohlone/CostanoanEsselen Nation. · The wetlands conserved on this property trap sediment, improve water quality, and decrease the flood risk for the downstream communities along the Canyon Del Rey watershed. These ecosystem benefits will help reduce climate change impacts related to increased storm flows of water and sediment. This feature will be lost if a development is built on the school site.
· The wetlands also help to sequester carbon, and the property’s location in a wildlife corridor will allow species to move across landscapes to find food, water and shelter.
· Proper management of this land will reduce wildfire risk for the surrounding wildland urban interface of Monterey and Del Rey Oaks.
· Protecting important habitats that are part of a valuable wildlife corridor. Deer, coyote, mountain lions and black bears have been spotted on the land. 6/24/24, 9:24 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3762, Packet Page 4090 The California Native Plant Society (in their June 3 letter to the Monterey County Planning Commission) stated that the school site includes extensive, rare and extremely high-quality Coastal Prairie Grasslands with Coast Live Oak Woodland-Savanna and a significant stand of Monterey Pine Forest. The Coastal Prairie Grassland habitat includes notable patches of native, perennial bunchgrasses and flowering forbs, as well as mima-mound topology characterized by low, mounded hillocks that allow ponded water to create seasonal vernal pools during rainy winter months. The Monterey Pine Forest stand straddling the site includes at least 23 element occurrences of sensitive status plants and animals (many of which are protected by either Federal or State Endangered Species Act).

These have been documented and mapped by the California Department of Fish and Wildlife.

Access to Olmsted Road through these lands requires the construction of a nearly 1-mile road over waterways and fissures in the land; a highly expensive proposition which is inconsistent with the concept of “affordable housing”. · Traffic: Traffic on HW 68 is already congested and this intersection is particularly bad because it is the gateway to Monterey Regional Airport. Bringing affordable housing closer to jobs is certainly the correct approach but doing so by 6/24/24, 9:24 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3763, Packet Page 4091 gridlocking HW 68 is not reasonable. Gridlocking HW68 would severely impact ingress and egress to and from the Airport, an economic lifeline to the County.

Once accepted on the RHNA plan, the site is rezoned, and this rezoning is permanent. Therefore, it is imperative that this mistake not be allowed to occur.

For all the reasons mentioned above, it seems clear that the school site is not suitable for any development, let alone, high-density development. I strongly encourage you to remove APN number 259-091-011-000 from the proposal that is being submitted to the State.

Sincerely,
Laurie Skinner
Monterey
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3764, Packet Page 4092 School District Site in Tarpy Flats: APN number 259–091–0 11–000 Debra Dudding
Sun 6/23/2024 8:34 PM
To:Christy Sabdo <[email protected]>
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Dear City of Monterey,
The proposed development for housing on lots 1–4 along Highway 68 has recently come to my attention. I urge you to please remove APN number 259–091–011–000 from the proposal that is being submitted to the state, because of the devastating environmental impact it will cause.

The Big Sur Land Trust (BSLT) in their 31, May letter to the Monterey County Planning Commission, identified these lands as an invaluable ecological resource to our community. Tarpy Flats is one of the last remaining, unique, and undeveloped marine terraces in Monterey. In addition, preserving cultural importance of the land to the Ohlone/Costanoan-Esselen Nation.

The State’s guidelines for selecting affordable housing sites require that we, a) protect desirable land, b) prevent soil erosion and enhance water quality, c) minimize risks from fire. The School District Site (in Tarpy Flats: APN number 259–091–011–000) fails on all three requirements.

Once accepted on the RHNA plan, the site is rezoned, and this rezoning is permanent. It is imperative that this not be allowed to occur, in order to avoid destroying an environmentally sensitive area.

Once again, I strongly recommend the removal of School District Site in Tarpy Flats: APN number 259– 091–011–000 from the proposal that is being submitted to the state.

Sincerely,
Debra Dudding
Concerned Monterey Citizen
Sent from my iPhone
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3765, Packet Page 4093 School district site in Tarpy Flats: APN number 259–0 91–0 11–000 Bill Dudding
Sun 6/23/2024 8:50 PM
To:Christy Sabdo <[email protected]>
[You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
Dear city of Monterey,
The proposed development for housing on lots 1 – 4 along Highway 68 has recently come to my attention. I urge you to please remove APN number 259–0 91–0 11–000 from the proposal that is being submitted to the state, because of the devastating environmental impact it will cause.

The Big Sur Land Trust (BSLT) in their 31, May letter to the Monterey County Planning Commission, identified these lands as an invaluable ecological resource to our community. Tarpy flats is one of the last remaining, unique, and undeveloped marine terraces in Monterey. In addition, preserving cultural importance of the land to the Oholne/Costanoan-Esselen Nation.

The State’s guidelines for selecting affordable housing sites require that we, a) protect desirable land, b) prevent soil erosion, and enhance water quality, c) minimize risks from fire. The School District Site (Tarpy Flats: APN number 259–0 91–0 11–000 fails on all three requirements.

Once again, I strongly recommend the removal of School District Site in Tarpy Flats: APN number 259–0 91–0 11–000 from the proposal that is being submitted to the state.

Sincerely,
William Dudding
Concerned Monterey Citizen
Sent from my iPhone
[NOTICE: This message originated outside of the City of Monterey mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] 6/24/24, 9:30 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3766, Packet Page 4094 Dear Ms. Sabdo
The need to keep the Olmsted and Tarpy Flats areas free of massive housing development has prompted a great number of complaints and reasons, as to why this area needs to be kept in its natural state. Despite an acknowledged need for more affordable housing options, developing pristine land and destroying the fundamental reason that the Monterey Peninsula is such a well-known region, should not be considered for high density housing in order to blindly fulfill a state housing mandate. Careful consideration should be given to more suitable and already developed and accessible areas before plunging ahead and never again being able to regain what was lost. For the following reasons, I am adding my name to the long lists of local tax paying citizens that are opposed to this Monterey City and County plan.

The State’s guidelines for selecting affordable housing sites require that we a) protect desirable land, b) prevent soil erosion and enhance water quality and c) minimize risks from fire. The School District Site (in Tarpy Flats; APN number 259-091-011-000; the “school site”) fails on all three requirements, but possibly more importantly, the sites fail for many environmental and archeological reasons. There is no justification for listing this property as Tier 1. In fact, it barely qualifies as Tier 5.

ATTACHMENT 9
Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3767, Packet Page 4095 • The wetlands conserved on this property trap sediment, improve water quality, and decrease the flood risk for the downstream communities along the Canyon Del Rey watershed. These ecosystem benefits will help reduce climate change impacts related to increased storm flows of water and sediment. This feature will be lost if a development is built. • The wetlands also help to sequester carbon, and the property’s location in a wildlife corridor will allow species to move across landscapes to find food, water and shelter.
• Proper management of this land will reduce wildfire risk for the surrounding wildland urban interface of Monterey and Del Rey Oaks. • Protecting important habitats that are part of a valuable wildlife corridor. Deer, coyote, mountain lions and black bears have been spotted on the land.

The California Native Plant Society (in their June 3 letter to the Monterey County Planning Commission) stated that these sites include extensive, rare and extremely high-quality Coastal Prairie Grasslands with Coast Live Oak Woodland-Savanna and a significant stand of Monterey Pine Forest. The Coastal Prairie Grassland habitat includes notable patches of native, perennial bunchgrasses and flowering forbs, as well as mima-mound topology characterized by low, mounded hillocks that allow ponded water to create seasonal vernal pools during rainy winter months. Unique fairy shrimp and rare plant assemblages are associated with these vernal pool habitats. The Monterey Pine Forest stand straddling these sites includes the federally endangered Yadon’s rein-orchid, an endemic species found nowhere else in the world except the Monterey region. On Tarpy Flats, there are at least 23 element occurrences of sensitive status plants and animals (many of which are protected by either Federal or State Endangered Species Act). These have been documented and mapped by the California Department of Fish and Wildlife.

Mayor Mary Ann Carbone of Sand City, in her May 13 letter to the Monterey County Planning Commission, identified that Indigenous artifacts have been ATTACHMENT 9
Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3768, Packet Page 4096 found on these properties and it is likely that Indigenous people lived and perhaps, are buried in this area as well. This was also pointed out by the BSLT.

Furthermore, she pointed out the many environmental and safety issues associated with developing these sites.

The features of the purchased land will also be true for these parcels. • Water: Recently, a developer investigated the availability of water by drilling on an adjacent site, for the purpose of building a development using the Affordable Housing Overlay. The study concluded that there was insufficient water to proceed without new water permits. • Access: The school site is land locked. It has no direct access to any roads except by imposing eminent domain on the adjacent lots. To the west is the recently purchased BSLT land which is designated as preserved which makes it unlikely to obtain road access. To the north (and again, through the BSLT land) is highway 68 and it is unlikely that Caltrans will allow direct access to this parcel as it will create a dangerous intersection. To the west are privately held lands. Access to Olmsted Road through these lands requires the construction of a nearly 1-mile road over waterways and fissures in the land; a highly expensive proposition which is inconsistent with the concept of “affordable housing”.
• Traffic: Traffic on HW 68 is already congested and this intersection is particularly bad because it is the gateway to the Airport. Bringing affordable housing closer to jobs is certainly the correct approach but ATTACHMENT 9
Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3769, Packet Page 4097 doing so by gridlocking HW 68 is not reasonable. Gridlocking HW 68 at Olmsted Road would severely impact ingress and egress to and from Monterey Regional Airport, an economic lifeline to the County.

Furthermore, in case of an emergency, it would be impossible to exit these properties.
• Fire hazard: This area is in a “high fire danger zone” and is adjacent to an “extremely high fire danger zone.” At present, it is virtually impossible to obtain fire insurance for most houses in the area. Homeowners and residents in this area will have to bear the burden of self-insuring but affordable housing is for low-income households who cannot afford to self-insure.
• Airport noise: This parcel is across the street from the end of the runway where planes begin their take-off. This is the loudest part of the airport and will certainly impact quality of life for residents here. The takeoff noise of individual flights over the subject parcel needing rezoning could reach 85 decibels or higher. This level is high enough to cause progressive hearing loss to the > 1000 residents of the subject parcel.
• Vanishing Greenbelt. The removal of this greenbelt is a significant adverse impact aesthetically and visually as well as a loss of habitat for many keystone animal species that can be observed on the subject parcel. Frequent observations occur of Apex/keystone species such as Mountain Lion, Bobcat and Coyote as well as many avian species of special interest, such as red shouldered hawks and peregrine falcons.

Within the past few weeks, KWBW reported on sightings of both bears and mountain lions in the Jacks Peak neighborhood which is within a short walk of these parcels. See:
https://www.facebook.com/100064912142998/posts/pfbid02iGA5UzZpuoAmstjiL ESdDoMmStMdD3E9S1wmgESr3dUWNMEuVBRAPPjHhPuH1BzJl/?mibextid=c r9u03
• Safety (flight crash risk): Within the past 3 years, a plane from Monterey Airport crashed into a single-family residence located approximately 1 mile from this site. Fortunately, no one was home at the ATTACHMENT 9
Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3770, Packet Page 4098 time and the casualties were limited to the pilot and her passenger. This will not be the case with such a high-density development. In the event of a similar accident hitting the proposed development, the casualties would number in the hundreds if not thousands.

I would also like to point out that, once accepted on the RHNA plan, the site will be rezoned, and this rezoning is permanent. Therefore, it is imperative that this mistake not be allowed to occur.

Sincerely,
Markus Woehler
Resident
ATTACHMENT 9
Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3771, Packet Page 4099 (No subject)
sandra wheatley
Tue 6/25/2024 2:10 AM
To:Christy Sabdo <[email protected]>
Dear City of Monterey
We support a responsible, affordable housing program in our community. However, the State’s guidelines for selecting affordable housing sites require that we a) protect desirable land, b) prevent soil erosion and enhance water quality and c) minimize risks from fire.

The School District Site (in Tarpy Flats; APN number 259-091-011-000; the “school site”) fails on all three requirements, but possibly more importantly, the sites fail for many environmental and archeological reasons. There is no justification for listing this property as Tier 1. In fact, it barely qualifies as Tier 5.

The Big Sur Land Trust (BSLT) has recently purchased a 50-acre parcel of land that is contiguous to this parcel and, together, a part of a wildlife corridor and essential fire break.

In their May 31 letter to the Monterey County Planning Commission, BSLT has identified these lands as an invaluable ecological resource to our community. Tarpy Flats is one of the last remaining, unique, and undeveloped marine terraces in Monterey. The vernal pools are a kind of wetland and are protected by both state and federal laws. Tarpy Flats harbor the federally endangered Yadon’s rein-orchid and the California Rare Trifolium polyodont. The BSLT further states that preserving these lands is important for:

Preserving the cultural importance of the land to the Ohlone/Costanoan-Esselen Nation.

The wetlands conserved on this property trap sediment, improve water quality, and decrease the flood risk for the downstream communities along the Canyon Del Rey watershed. These ecosystem benefits will help reduce climate change impacts related to increased storm flows of water and sediment. This feature will be lost if a development is built.

The wetlands also help to sequester carbon, and the property’s location in a wildlife corridor will allow species to move across landscapes to find food, water and shelter.

Proper management of this land will reduce wildfire risk for the surrounding wildland urban interface of Monterey and Del Rey Oaks.

Protecting important habitats that are part of a valuable wildlife corridor. Deer, coyote, mountain lions and black bears have been spotted on the land.

The California Native Plant Society (in their June 3 letter to the Monterey County Planning Commission) stated that these sites include extensive, rare and extremely high6/25/24, 8:48 AM Mail - Christy Sabdo - Outlook https://outlook.office365.com/mail/inbox/id/AAMkAGVlZjBmYTIwLTZmZTAtNGFkMy05M2YwLWNmY2E4ZmY1NWIzMABGAAAAAADidRUKlyk8RauC… 1/4 ATTACHMENT 9
Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3772, Packet Page 4100 quality Coastal Prairie Grasslands with Coast Live Oak Woodland-Savanna and a significant stand of Monterey Pine Forest. The Coastal Prairie Grassland habitat includes notable patches of native, perennial bunchgrasses and flowering forbs, as well as mimamound topology characterized by low, mounded hillocks that allow ponded water to create seasonal vernal pools during rainy winter months. Unique fairy shrimp and rare plant assemblages are associated with these vernal pool habitats. The Monterey Pine Forest stand straddling these sites includes the federally endangered Yadon’s rein-orchid, an endemic species found no where else in the world except the Monterey region. On Tarpy Flats are at least 23 element occurrences of sensitive status plants and animals (many of which are protected by either Federal or State Endangered Species Act). These have been documented and mapped by the California Department of Fish and Wildlife.

Environmentally sensitive area: The Big Sur Land Trust (BSLT) has recently purchased a 50-acre parcel of land that is contiguous to these parcels and, together, form a wildlife corridor and essential fire break. The features of the purchased land will also be true for these parcels.

Water: Recently, a developer investigated the availability of water by drilling on an adjacent site, for the purpose of building a development using the Affordable Housing Overlay. The study concluded that there was insufficient water to proceed without new water permits.

Access: The school site is land locked. It has no direct access to any roads except by imposing eminent domain on the adjacent lots. To the west is the recently purchased BSLT land which is designated as preserved which makes it unlikely to obtain road access. To the north (and again, through the BSLT land) is highway 68 and it is unlikely that CalTrans will allow direct access to this parcel as it will create a dangerous intersection. To the west are privately held lands. Access to Olmsted Road through these lands requires the construction of a nearly 1-mile road over waterways 6/25/24, 8:48 AM Mail - Christy Sabdo - Outlook
https://outlook.office365.com/mail/inbox/id/AAMkAGVlZjBmYTIwLTZmZTAtNGFkMy05M2YwLWNmY2E4ZmY1NWIzMABGAAAAAADidRUKlyk8RauC… 2/4 ATTACHMENT 9
Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3773, Packet Page 4101 and fissures in the land; a highly expensive proposition which is inconsistent with the concept of “affordable housing”.

Traffic: Traffic on HW 68 is already congested and this intersection is particularly bad because it is the gateway to the Airport. Bringing affordable housing closer to jobs is certainly the correct approach but doing so by gridlocking HW 68 is not reasonable. Gridlocking HW 68 at Olmsted Road would severely impact ingress and egress to and from Monterey Regional Airport, an economic lifeline to the County.

Furthermore, in case of an emergency, it would be impossible to exit these properties.

Fire hazard: This area is in a “high fire danger zone” and is adjacent to an “extremely high fire danger zone.” At present, it is virtually impossible to obtain fire insurance for most houses in the area. Homeowners and residents in this area will have to bear the burden of self-insuring but affordable housing is for low-income households who cannot afford to self-insure.

Airport noise: This parcel is across the street from the end of the runway where planes begin their take-off. This is the loudest part of the airport and will certainly impact quality of life for residents here. The takeoff noise of individual flights over the subject parcel needing rezoning could reach 85 decibels or higher. This level high enough to cause progressive hearing loss to the > 1000 residents of the subject parcel.

Within the past few weeks, KWBW reported on sightings of both bears and mountain lions in the Jacks Peak neighborhood which is within a short walk of these parcels.

See:
https://www.facebook.com/100064912142998/posts/pfbid02iGA5UzZpuoAmstjiLESdDoM mStMdD3E9S1wmgESr3dUWNMEuVBRAPPjHhPuH1BzJl/?mibextid=cr9u03 Safety (flight crash risk): Within the past 3 years, a plane from Monterey Airport crashed into a single-family residence located approximately 1 mile from this site.

Fortunately, no one was home at the time and the casualties were limited to the pilot and her passenger. This will not be the case with such a high-density development. In the event of a similar accident hitting the proposed development, the casualties would number in the hundreds if not thousands.
6/25/24, 8:48 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3774, Packet Page 4102 I would like to point out to you that, once accepted on the RHNA plan, the site is rezoned, and this rezoning is permanent. Therefore, it is imperative that this mistake not be allowed to occur.

Kind regards
Sandra Wheatley and Gary Smerdon
Monterey County Residents
[NOTICE: This message originated outside of the City of Monterey mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] 6/25/24, 8:48 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3775, Packet Page 4103 ATTACHMENT 9
Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3776, Packet Page 4104 ATTACHMENT 9
Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3777, Packet Page 4105 ATTACHMENT 9
Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3778, Packet Page 4106 ATTACHMENT 9
Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3779, Packet Page 4107 We agree with the information provided by Dr. Hawryluk.

Eric Allen
Melanie Allen
Homeowners in Deer Flats since 1996
[NOTICE: This message originated outside of the City of Monterey mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] 6/25/24, 1:14 PM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3780, Packet Page 4108 Affordable housing program
mlcorliss
Tue 6/25/2024 2:12 PM
To:Christy Sabdo <[email protected]>
You don't often get email from Learn why this is important Dear City of Monterey
I would like to provide you with my strong support for a responsible, affordable housing program. Our community needs more affordable housing.

The State’s guidelines for selecting affordable housing sites require that we a) protect desirable land, b) prevent soil erosion and enhance water quality and c) minimize risks from fire. The School District Site (in Tarpy Flats; APN number 259- 091-011-000; the “school site”) fails on all three requirements, but possibly more importantly, the sites fail for many environmental and archeological reasons.

There is no justification for listing this property as Tier 1. In fact, it barely qualifies as Tier 5.

The Big Sur Land Trust (BSLT) has recently purchased a 50-acre parcel of land that is contiguous to this parcel and, together, a part of a wildlife corridor and essential fire break. In their May 31 letter to the Monterey County Planning Commission, BSLT has identified these lands as an invaluable ecological resource to our community. Tarpy Flats is one of the last remaining, unique, and undeveloped marine terraces in Monterey. The vernal pools are a kind of wetland and are protected by both state and federal laws. Tarpy Flats harbor the federally endangered Yadon’s rein-orchid and the California Rare Trifolium polyodont. The BSLT further states that preserving these lands is important for:
· Preserving the cultural importance of the land to the Ohlone/CostanoanEsselen Nation. · The wetlands conserved on this property trap sediment, improve water quality, and decrease the flood risk for the downstream communities along the Canyon Del Rey watershed. These ecosystem benefits will help reduce climate change impacts related to increased storm flows of water and sediment. This feature will be lost if a development is built.
· The wetlands also help to sequester carbon, and the property’s location in a wildlife corridor will allow species to move across landscapes to find food, water and shelter.
· Proper management of this land will reduce wildfire risk for the surrounding wildland urban interface of Monterey and Del Rey Oaks.
· Protecting important habitats that are part of a valuable wildlife corridor. Deer, coyote, mountain lions and black bears have been spotted on the land. 6/25/24, 4:52 PM Mail - Christy Sabdo - Outlook
https://outlook.office365.com/mail/inbox/id/AAMkAGVlZjBmYTIwLTZmZTAtNGFkMy05M2YwLWNmY2E4ZmY1NWIzMABGAAAAAADidRUKlyk8RauC… 1/4 ATTACHMENT 9
Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3781, Packet Page 4109 The California Native Plant Society (in their June 3 letter to the Monterey County Planning Commission) stated that these sites include extensive, rare and extremely high-quality Coastal Prairie Grasslands with Coast Live Oak WoodlandSavanna and a significant stand of Monterey Pine Forest. The Coastal Prairie Grassland habitat includes notable patches of native, perennial bunchgrasses and flowering forbs, as well as mima-mound topology characterized by low, mounded hillocks that allow ponded water to create seasonal vernal pools during rainy winter months. Unique fairy shrimp and rare plant assemblages are associated with these vernal pool habitats. The Monterey Pine Forest stand straddling these sites includes the federally endangered Yadon’s rein-orchid, an endemic species found no where else in the world except the Monterey region. On Tarpy Flats are at least 23 element occurrences of sensitive status plants and animals (many of which are protected by either Federal or State Endangered Species Act). These have been documented and mapped by the California Department of Fish and Wildlife.

In addition to the environmental, cultural, and archaeological concerns, there are many practical concerns regarding developing the school site. The State requires (AB 1397) that we select “realistic” sites, but the school site (APN 259-091-011- 000) fails on those criteria. Specifically:
· Environmentally sensitive area: The Big Sur Land Trust (BSLT) has recently purchased a 50-acre parcel of land that is contiguous to these parcels and, together, form a wildlife corridor and essential fire break. The features of the purchased land will also be true for these parcels.
· Water: Recently, a developer investigated the availability of water by drilling on an adjacent site, for the purpose of building a development using the Affordable Housing Overlay. The study concluded that there was insufficient water to proceed without new water permits.
· Access: The school site is land locked. It has no direct access to any roads except by imposing eminent domain on the adjacent lots. To the west is the recently purchased BSLT land which is designated as preserved which makes it unlikely to obtain road access. To the north (and again, through the BSLT land) is highway 68 and it is unlikely that CalTrans will allow direct access to this parcel as it will create a dangerous intersection. To the west are privately held lands. Access to Olmsted Road through these lands requires the construction of a nearly 1-mile 6/25/24, 4:52 PM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3782, Packet Page 4110 ATTACHMENT 9
Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3783, Packet Page 4111 · Safety (flight crash risk): Within the past 3 years, a plane from Monterey Airport crashed into a single-family residence located approximately 1 mile from this site.

I would like to point out to you that, once accepted on the RHNA plan, the site is rezoned, and this rezoning is permanent. Therefore, it is imperative that this mistake not be allowed to occur.

Sincerely,
Melanie Corliss
Homeowner in Monterey
Melanie
[NOTICE: This message originated outside of the City of Monterey mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] 6/25/24, 4:52 PM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3784, Packet Page 4112 Tarpy Flats
Gail Robbins
Tue 6/25/2024 10:15 PM
To:Christy Sabdo <[email protected]>
You don't often get email from Learn why this is important Dear City of Monterey
I would like to provide you with my strong support for a responsible, affordable housing program. Our community needs more affordable housing.

The vernal pools are a kind of wetland and are protected by both state and federal laws. Tarpy Flats harbor the federally endangered Yadon’s rein-orchid and the California Rare Trifolium polyodont. The BSLT further states that preserving these lands is important for:

Preserving the cultural importance of the land to the Ohlone/Costanoan-Esselen Nation.

The wetlands also help to sequester carbon, and the property’s location in a wildlife corridor will allow species to move across landscapes to find food, water and shelter.

Proper management of this land will reduce wildfire risk for the surrounding wildland urban interface of Monterey and Del Rey Oaks.

Protecting important habitats that are part of a valuable wildlife corridor. Deer, coyote, mountain lions and black bears have been spotted on the land.

The California Native Plant Society (in their June 3 letter to the Monterey County Planning Commission) stated that these sites include extensive, rare and extremely high-quality Coastal Prairie Grasslands with Coast Live Oak Woodland-Savanna and a significant stand of Monterey Pine Forest. The Coastal Prairie Grassland habitat includes notable patches of native, perennial bunchgrasses and flowering forbs, as well as mima-mound topology characterized by low, mounded hillocks that allow ponded water to create seasonal vernal pools during rainy winter months. Unique fairy shrimp and rare plant assemblages are associated with these vernal pool habitats. The Monterey Pine Forest stand straddling these sites includes the federally endangered Yadon’s rein-orchid, an endemic species found no where else in the world except the Monterey region. On Tarpy Flats are at least 23 element occurrences of sensitive status plants and animals (many of which are protected by either Federal or State Endangered Species Act). These have been documented and mapped by the California Department of Fish and Wildlife.

In addition to the environmental, cultural, and archaeological concerns, there are many practical concerns regarding developing the school site. The State requires (AB 1397) that we select “realistic” sites, but the 6/26/24, 8:36 AM Mail - Christy Sabdo - Outlook
https://outlook.office365.com/mail/inbox/id/AAMkAGVlZjBmYTIwLTZmZTAtNGFkMy05M2YwLWNmY2E4ZmY1NWIzMABGAAAAAADidRUKlyk8RauC… 1/3 ATTACHMENT 9
Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3785, Packet Page 4113 school site (APN 259-091-011-000) fails on those criteria. Specifically:

Access: The school site is land locked. It has no direct access to any roads except by imposing eminent domain on the adjacent lots. To the west is the recently purchased BSLT land which is designated as preserved which makes it unlikely to obtain road access. To the north (and again, through the BSLT land) is highway 68 and it is unlikely that CalTrans will allow direct access to this parcel as it will create a dangerous intersection. To the west are privately held lands. Access to Olmsted Road through these lands requires the construction of a nearly 1-mile road over waterways and fissures in the land; a highly expensive proposition which is inconsistent with the concept of “affordable housing”.

Furthermore, in case of an emergency, it would be impossible to exit these properties.

Homeowners and residents in this area will have to bear the burden of self-insuring but affordable housing is for low-income households who cannot afford to self-insure.

Airport noise: This parcel is across the street from the end of the runway where planes begin their takeoff. This is the loudest part of the airport and will certainly impact quality of life for residents here. The takeoff noise of individual flights over the subject parcel needing rezoning could reach 85 decibels or higher. This level high enough to cause progressive hearing loss to the > 1000 residents of the subject parcel.

Vanishing Greenbelt. The removal of this greenbelt is a significant adverse impact aesthetically and visually as well as a loss of habitat for many keystone animal species that can be observed on the subject parcel. Frequent observations occur of Apex/keystone species such as Mountain Lion, Bobcat and Coyote as well as many avian species of special interest, such as red shouldered hawks and peregrine falcons. Within the past few weeks, KWBW reported on sightings of both bears and mountain lions in the Jacks Peak neighborhood which is within a short walk of these parcels. See:
https://www.facebook.com/100064912142998/posts/pfbid02iGA5UzZpuoAmstjiLESdDoMmStMdD3E9S1wmgESr3dUW NMEuVBRAPPjHhPuH1BzJl/?mibextid=cr9u03
Safety (flight crash risk): Within the past 3 years, a plane from Monterey Airport crashed into a singlefamily residence located approximately 1 mile from this site. Fortunately, no one was home at the time and the casualties were limited to the pilot and her passenger. This will not be the case with such a high-density development. In the event of a similar accident hitting the proposed development, the casualties would number in the hundreds if not thousands.

I would like to point out to you that, once accepted on the RHNA plan, the site is rezoned, and this rezoning is permanent. Therefore, it is imperative that this mistake not be allowed to occur.

Thank you for your kind attention to this matter.
6/26/24, 8:36 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3786, Packet Page 4114 Sincerely ,
Gail Robbins
Monterey , Ca
[NOTICE: This message originated outside of the City of Monterey mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] 6/26/24, 8:36 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3787, Packet Page 4115 City of Monterey Revised Housing Element
Daian Hennington <
Tue 6/25/2024 6:13 PM
To:Christy Sabdo <[email protected]>
You don't often get email from Learn why this is important Dear City of Monterey and Planning Commission,
I would like to provide you with my strong support for a responsible, affordable housing program. Our community needs more affordable housing.

I support fellow residents in my neighborhood in urging you to revise your selection of The School District Site APN 259-091011-000 and remove it from proposed development. There are so many reasons to remove this site as recorded below.

5. The Big Sur Land Trust (BSLT) has recently purchased a 50-acre parcel of land that is contiguous to this parcel and, together, a part of a wildlife corridor and essential fire break. In their May 31 letter to the Monterey County Planning Commission, BSLT has identified these lands as an invaluable ecological resource to our community. Tarpy Flats is one of the last remaining, unique, and undeveloped marine terraces in Monterey. The vernal pools are a kind of wetland and are protected by both state and federal laws. Tarpy Flats harbor the federally endangered Yadon’s rein-orchid and the California Rare Trifolium polyodont. The BSLT further states that preserving these lands is important for:
 Preserving the cultural importance of the land to the Ohlone/Costanoan-Esselen Nation.  The wetlands conserved on this property trap sediment, improve water quality, and decrease the flood risk for the downstream communities along the Canyon Del Rey watershed. These ecosystem benefits will help reduce climate change impacts related to increased storm flows of water and sediment. This feature will be lost if a development is built.  The wetlands also help to sequester carbon, and the property’s location in a wildlife corridor will allow species to move across landscapes to find food, water and shelter.  Proper management of this land will reduce wildfire risk for the surrounding wildland urban interface of Monterey and Del Rey Oaks.
 Protecting important habitats that are part of a valuable wildlife corridor. Deer, coyote, mountain lions and black bears have been spotted on the land. The California Native Plant Society (in their June 3 letter to the Monterey County Planning Commission) stated that these sites include extensive, rare and extremely high-quality Coastal Prairie Grasslands with Coast Live Oak Woodland-Savanna and a significant stand of Monterey Pine Forest. The Coastal Prairie Grassland habitat includes notable patches of native, perennial bunchgrasses and flowering forbs, as well as mima-mound topology characterized by low, mounded hillocks that allow ponded water to create seasonal vernal pools during rainy winter months. Unique fairy shrimp and rare plant assemblages are associated with these vernal pool habitats. The Monterey Pine Forest stand straddling these sites includes the federally endangered Yadon’s rein-orchid, an endemic species found no where else in the world except the Monterey region. On Tarpy Flats are at least 23 element occurrences of sensitive status plants and 6/26/24, 8:40 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3788, Packet Page 4116 animals (many of which are protected by either Federal or State Endangered Species Act). These have been documented and mapped by the California Department of Fish and Wildlife.

In addition to the environmental, cultural, and archaeological concerns, there are many practical concerns regarding developing the school site. The State requires (AB 1397) that we select “realistic” sites, but the school site (APN 259-091-011-000) fails on those criteria. Specifically:
 Environmentally sensitive area: The Big Sur Land Trust (BSLT) has recently purchased a 50-acre parcel of land that is contiguous to these parcels and, together, form a wildlife corridor and essential fire break. The features of the purchased land will also be true for these parcels.  Water: Recently, a developer investigated the availability of water by drilling on an adjacent site, for the purpose of building a development using the Affordable Housing Overlay. The study concluded that there was insufficient water to proceed without new water permits.  Access: The school site is land locked. It has no direct access to any roads except by imposing eminent domain on the adjacent lots. To the west is the recently purchased BSLT land which is designated as preserved which makes it unlikely to obtain road access. To the north (and again, through the BSLT land) is highway 68 and it is unlikely that CalTrans will allow direct access to this parcel as it will create a dangerous intersection. To the west are privately held lands. Access to Olmsted Road through these lands requires the construction of a nearly 1-mile road over waterways and fissures in the land; a highly
expensive proposition which is inconsistent with the concept of “affordable housing”.  Traffic: Traffic on HW 68 is already congested and this intersection is particularly bad because it is the gateway to the Airport. Bringing affordable housing closer to jobs is certainly the correct approach but
doing so by gridlocking HW 68 is not reasonable. Gridlocking HW 68 at Olmsted Road would severely impact ingress and egress to and from Monterey Regional Airport, an economic lifeline to the County.

Furthermore, in case of an emergency, it would be impossible to exit these properties.  Fire hazard: This area is in a “high fire danger zone” and is adjacent to an “extremely high fire danger zone.” At present, it is virtually impossible to obtain fire insurance for most houses in the area.

Homeowners and residents in this area will have to bear the burden of self-insuring but affordable housing is for low-income households who cannot afford to self-insure.  Airport noise: This parcel is across the street from the end of the runway where planes begin their take-off. This is the loudest part of the airport and will certainly impact quality of life for residents here.

The takeoff noise of individual flights over the subject parcel needing rezoning could reach 85 decibels or higher. This level high enough to cause progressive hearing loss to the > 1000 residents of the subject parcel.
 Vanishing Greenbelt. The removal of this greenbelt is a significant adverse impact aesthetically and visually as well as a loss of habitat for many keystone animal species that can be observed on the subject parcel. Frequent observations occur of Apex/keystone species such as Mountain Lion, Bobcat and Coyote as well as many avian species of special interest, such as red shouldered hawks and peregrine falcons. Within the past few weeks, KWBW reported on sightings of both bears and mountain lions in the Jacks Peak neighborhood which is within a short walk of these parcels. See:
https://www.facebook.com/100064912142998/posts/pfbid02iGA5UzZpuoAmstjiL ESdDoMmStMdD3E9S1wmgESr3dUWNMEuVBRAPPjHhPuH1BzJl/?mibextid=c r9u03
6/26/24, 8:40 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3789, Packet Page 4117  Safety (flight crash risk): Within the past 3 years, a plane from Monterey Airport crashed into a single-family residence located approximately 1 mile from this site. Fortunately, no one was home at the time and the casualties were limited to the pilot and her passenger. This will not be the case with such a high-density development. In the event of a similar accident hitting the proposed development, the casualties would number in the hundreds if not thousands.

I would like to point out to you that, once accepted on the RHNA plan, the site is rezoned, and this rezoning is permanent. Therefore, it is imperative that this mistake not be allowed to occur.

Sincerely,
Daian and Glenn Hennington
Monterey
[NOTICE: This message originated outside of the City of Monterey mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] 6/26/24, 8:40 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3790, Packet Page 4118 A Request to Reconsider the Inclusion of APN number 259-091-011-000 in the RHNA Proposal Being Developed for the State of California by the City of Monterey [email protected]
Wed 6/26/2024 1:59 AM
To:Christy Sabdo <[email protected]>
You don't often get email from Learn why this is important Dear City of Monterey:

I write in strong support for the development of a responsible, affordable and sustainable housing program. Our community needs more affordable housing.

In the process of developing such a sustainable housing program, I would, however, like to highlight certain key items that are part and parcel of the State’s guidelines and requirements for selecting potential affordable housing sites. The following key considerations should be made an integral part of the selection process by the City of Monterey, as follows:
a) protecting desirable land,
b) preventing soil erosion and enhance water quality and c) minimizing risks from fire.

The School District Site which the City of Monterey is looking at (in Tarpy Flats; APN number 259-091- 011-000; the “school site”) fails on all three requirements, but possibly more importantly, the sites fail for many environmental and archeological reasons.

There is no justification for listing this property as Tier 1. In fact, it barely qualifies as Tier 5.

Preserving the cultural importance of the land to the Ohlone/Costanoan-Esselen Nation.

The wetlands also help to sequester carbon, and the property’s location in a wildlife corridor will allow species to move across landscapes to find food, water and shelter.

Proper management of this land will reduce wildfire risk for the surrounding wildland urban interface of Monterey and Del Rey Oaks.

Protecting important habitats that are part of a valuable wildlife corridor. Deer, coyote, mountain lions and black bears have been spotted on the land.
6/26/24, 8:18 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3791, Packet Page 4119 The California Native Plant Society (in their June 3 letter to the Monterey County Planning Commission) stated that these sites include extensive, rare and extremely high-quality Coastal Prairie Grasslands with Coast Live Oak Woodland-Savanna and a significant stand of Monterey Pine Forest. The Coastal Prairie Grassland habitat includes notable patches of native, perennial bunchgrasses and flowering forbs, as well as mima-mound topology characterized by low, mounded hillocks that allow ponded water to create seasonal vernal pools during rainy winter months. Unique fairy shrimp and rare plant assemblages are associated with these vernal pool habitats. The Monterey Pine Forest stand straddling these sites includes the federally endangered Yadon’s rein-orchid, an endemic species found no where else in the world except the Monterey region. On Tarpy Flats are at least 23 element occurrences of sensitive status plants and animals (many of which are protected by either Federal or State Endangered Species Act). These have been documented and mapped by the California Department of Fish and Wildlife.

Access: The school site is land locked. It has no direct access to any roads except by imposing eminent domain on the adjacent lots. To the west is the recently purchased BSLT land which is designated as preserved which makes it unlikely to obtain road access. To the north (and again, through the BSLT land) is highway 68 and it is unlikely that CalTrans will allow direct access to this parcel as it will create a dangerous intersection. To the west are privately held lands. Access to Olmsted Road through these lands requires the construction of a nearly 1-mile road over waterways and fissures in the land; a highly expensive proposition which is inconsistent with the concept of “affordable housing”.

Airport noise: This parcel is across the street from the end of the runway where planes begin their take-off. This is the loudest part of the airport and will certainly impact quality of life for residents 6/26/24, 8:18 AM Mail - Christy Sabdo - Outlook
https://outlook.office365.com/mail/inbox/id/AAMkAGVlZjBmYTIwLTZmZTAtNGFkMy05M2YwLWNmY2E4ZmY1NWIzMABGAAAAAADidRUKlyk8RauC… 2/3 ATTACHMENT 9
Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3792, Packet Page 4120 here. The takeoff noise of individual flights over the subject parcel needing rezoning could reach 85 decibels or higher. This level high enough to cause progressive hearing loss to the > 1000 residents of the subject parcel.

Vanishing Greenbelt: The removal of this greenbelt is a significant adverse impact aesthetically and visually as well as a loss of habitat for many keystone animal species that can be observed on the subject parcel. Frequent observations occur of Apex/keystone species such as Mountain Lion, Bobcat and Coyote as well as many avian species of special interest, such as red shouldered hawks and peregrine falcons. Within the past few weeks, KWBW reported on sightings of both bears and mountain lions in the Jacks Peak neighborhood which is within a short walk of these parcels. See:
https://www.facebook.com/100064912142998/posts/pfbid02iGA5UzZpuoAmstjiLESdDoMmStMdD 3E9S1wmgESr3dUWNMEuVBRAPPjHhPuH1BzJl/?mibextid=cr9u03
Safety (flight crash risk): Within the past 3 years, a plane from Monterey Airport crashed into a single-family residence located approximately 1 mile from this site. Fortunately, no one was home at the time and the casualties were limited to the pilot and her passenger. This will not be the case with such a high-density development. In the event of a similar accident hitting the proposed development, the casualties would number in the hundreds if not thousands.

I would like to also point out to the City of Monterey that, once accepted on the RHNA plan, the site is rezoned, and this rezoning is permanent.

Sincerely yours,
Gerardo A Borromeo
Member, Save Tarpy Flats Consortium (A community organization with over 250 households) Resident of Monterey
[NOTICE: This message originated outside of the City of Monterey mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] 6/26/24, 8:18 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3793, Packet Page 4121 Significant Concern with School District Site (Tarpy Flats) in the city of Monterey's housing plan
Beth Weinstein
Tue 6/25/2024 8:33 PM
To:Christy Sabdo <[email protected]>
You don't often get email from Learn why this is important Dear City of Monterey,
I would like to provide you with my strong support for a responsible, affordable housing program. Our community needs more affordable housing.

The State’s guidelines for selecting affordable housing sites require that we a) protect desirable land, b) prevent soil erosion and enhance water quality and c) minimize risks from fire. The School District Site (in Tarpy Flats; APN number 259- 091-011-000; the “school site”) fails on all three requirements, but possibly more importantly, the sites fail for many environmental and archeological reasons.

There is no justification for listing this property as Tier 1. In fact, it barely qualifies as Tier 5.

Deer, coyote, mountain lions and black bears have been spotted on the land.
6/26/24, 8:37 AM Mail - Christy Sabdo - Outlook
https://outlook.office365.com/mail/inbox/id/AAMkAGVlZjBmYTIwLTZmZTAtNGFkMy05M2YwLWNmY2E4ZmY1NWIzMABGAAAAAADidRUKlyk8RauC… 1/4 ATTACHMENT 9
Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3794, Packet Page 4122 The California Native Plant Society (in their June 3 letter to the Monterey County Planning Commission) stated that these sites include extensive, rare and extremely high-quality Coastal Prairie Grasslands with Coast Live Oak WoodlandSavanna and a significant stand of Monterey Pine Forest. The Coastal Prairie Grassland habitat includes notable patches of native, perennial bunchgrasses and flowering forbs, as well as mima-mound topology characterized by low, mounded hillocks that allow ponded water to create seasonal vernal pools during rainy winter months. Unique fairy shrimp and rare plant assemblages are associated with these vernal pool habitats. The Monterey Pine Forest stand straddling these sites includes the federally endangered Yadon’s rein-orchid, an endemic species found no where else in the world except the Monterey region. On Tarpy Flats are at least 23 element occurrences of sensitive status plants and animals (many of which are protected by either Federal or State Endangered Species Act). These have been documented and mapped by the California Department of Fish and Wildlife.

To the west are privately held lands. Access to Olmsted Road through these lands requires the construction of a nearly 1-mile road over waterways and fissures in the land; a highly expensive proposition which is inconsistent with the concept of “affordable housing”.
6/26/24, 8:37 AM Mail - Christy Sabdo - Outlook
https://outlook.office365.com/mail/inbox/id/AAMkAGVlZjBmYTIwLTZmZTAtNGFkMy05M2YwLWNmY2E4ZmY1NWIzMABGAAAAAADidRUKlyk8RauC… 2/4 ATTACHMENT 9
Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3795, Packet Page 4123 · Traffic: Traffic on HW 68 is already congested and this intersection is particularly bad because it is the gateway to the Airport. Bringing affordable housing closer to jobs is certainly the correct approach but doing so by gridlocking HW 68 is not reasonable. Gridlocking HW 68 at Olmsted Road would severely impact ingress and egress to and from Monterey Regional Airport, an economic lifeline to the County. Furthermore, in case of an emergency, it would be impossible to exit these properties. · Fire hazard: This area is in a “high fire danger zone” and is adjacent to an “extremely high fire danger zone.” At present, it is virtually impossible to obtain fire insurance for most houses in the area. Homeowners and residents in this area will have to bear the burden of self-insuring but affordable housing is for low-income households who cannot afford to selfinsure. · Airport noise: This parcel is across the street from the end of the runway where planes begin their take-off. This is the loudest part of the airport and will certainly impact quality of life for residents here. The takeoff noise of individual flights over the subject parcel needing rezoning could reach 85 decibels or higher. This level is high enough to cause progressive hearing loss to the > 1000 residents of the subject parcel.
· Vanishing Greenbelt. The removal of this greenbelt is a significant adverse impact aesthetically and visually as well as a loss of habitat for many keystone animal species that can be observed on the subject parcel.

Frequent observations occur of Apex/keystone species such as Mountain Lion, Bobcat and Coyote as well as many avian species of special interest, such as red shouldered hawks and peregrine falcons. Within the past few weeks, KWBW reported on sightings of both bears and mountain lions in the Jacks Peak neighborhood which is within a short walk of these parcels. See:
https://www.facebook.com/100064912142998/posts/pfbid02iGA5UzZpuoAmstjiLESdDo MmStMdD3E9S1wmgESr3dUWNMEuVBRAPPjHhPuH1BzJl/?mibextid=cr9u03 · Safety (flight crash risk): Within the past 3 years, a plane from Monterey Airport crashed into a single-family residence located approximately 1 mile from this site. Fortunately, no one was home at the time and the casualties were limited to the pilot and her passenger. This will not be the case with such a high-density development. In the event of a similar accident hitting the proposed development, the casualties would number in the hundreds if not thousands.

I would like to point out to you that, once accepted on the RHNA plan, the site is rezoned, and this rezoning is permanent. Therefore, it is imperative that this mistake not be allowed to occur.

For all the reasons mentioned above, it is clear that this site is not suitable for any development, and in particular, high-density development. I strongly encourage you to remove APN number 259-091-011-000 from the proposal that is being submitted to the State.
6/26/24, 8:37 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3796, Packet Page 4124 Sincerely,
Beth Weinstein
A concerned resident
[NOTICE: This message originated outside of the City of Monterey mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] 6/26/24, 8:37 AM Mail - Christy Sabdo - Outlook
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Council Regular Meeting, 7/16/2024, Item No. 15., Item Page 3797, Packet Page 4125 Council
Agenda Report
№08/22
FROM: Hans Uslar, City Manager
Nat Rojanasathira, Assistant City Manager
Christine Davi, City Attorney
SUBJECT: Adopt a Resolution Adding Charter Amendments to the Ballot to Ask the Voters of the City of Monterey to (1) Make Clerical and Technical Updates; (2) Specify Starting and Ending Dates for Terms of Office for the Mayor and City Council; (3) Impose 12-year Term Limits; and (4) Authorize Leases of Real Property Nonprofit Organizations, Governmental Entities, or Educational Institutions on Terms and Rates that Serve Community Benefit (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council adopt a resolution adding four Charter amendments to the ballot to ask the voters of the City of Monterey to approve Charter amendments that:
(1) make clerical and technical updates;
(2) specify the starting and ending dates for terms of office for the Mayor and City Council; (3) impose 12-year consecutive term limits with the ability to again serve after two years; and (4) authorize leases of real property to nonprofit organizations, governmental entities, or educational institutions on terms and rates that serve community benefit.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

California Constitution, article XI, section 3(b) provides that a city may sponsor a ballot measure proposing charter amendments. The California Constitution does not impose a single subject rule on charter amendments sponsored by a governing body, as opposed to initiative measures. (Hernandez v. County of Los Angeles (2008) 167 Cal. App. 4th 12.) As the court in Hernandez noted, “[s]ince every ballot question carries significant administrative costs, substantial efficiencies can be achieved by a city council’s authority to group technical changes of disparate but reasonably related provisions and statutory amendments into one measure to achieve a common theme or purpose.” (Id. at p. 23.) Therefore, it is recommended to group measures in which the content is reasonably related to the same subject. This will also ensure that there is no voter confusion on the substance of a measure.

It is a good practice to periodically review the city’s charter for potential amendments and to ensure the charter regulates municipal affairs in a manner consistent with policy objectives. The Date: 7/16/2024
Item No.: 16.

Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 1, Packet Page 4126 last regular meeting in which the City Council may vote to place proposed charter amendments on the November 2024 general election ballot is August 6, 2024.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

There are no fiscal implications with this proposed action. Pursuant to the California Elections Code, the City will reimburse the Monterey County Elections Department in full for its proportionate share of election services performed. The cost to conduct the election is estimated to be in the range of $97,200 to $129,600 based on the current number of registered voters.

ENVIRONMENTAL DETERMINATION:

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

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

ALTERNATIVES CONSIDERED:

The City Council could choose not to place one or more charter amendments on the ballot for the November 2024 election. The City Council could alter the policies reflected in the proposed charter amendments and direct staff to return with revisions on or before August 6, 2024.

DISCUSSION:

Cities in California are defined under the Government Code as either “charter cities” or “general law cities.” A charter has the full force and effect of state law and it acts as an instrument of limitation on the broad power of charter cities over matters of municipal affairs. A charter city is subject only to conflicting provisions in the state or federal constitutions and preemptive state law on matters of statewide concern. (City Attorneys’ Dep’t, League of Cal. Cities, The Municipal Law Handbook (Cont.Ed.Bar 2023 ed.) §1.13, p. 12-13.) The City of Monterey became incorporated as a city in 1850, and first adopted its charter in 1925.

On February 10, 2024 and June 24, 2024, the City Council reviewed potential charter amendments and provided feedback. On July 8, 2024, the Library Board of Trustees reviewed potential charter amendments and provided feedback. A summary of the amendments is as follows:

Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 2, Packet Page 4127 Charter Amendment No. 1 – Clerical and Technical Updates (Resolution Exhibit A) This proposed amendment would update:
 Charter section 2.2 – Eligibility of Elective Officers- to reflect gender-neutral terminology and grammatical corrections.
 Charter section 4.4 - Legislation – to allow ordinances to be adopted without reading in full the title or text. It also allows for adoption with substantive or clerical amendments between the time of its introduction and the time of its final passage as long as the general scope and original purpose are retained.

Current law requires ordinances to be published in the newspaper at least three days before adoption. This publication requirement cost the City approximately $24,000 in FY 22-23, and in FY 23-24, approximately $32,800. The proposed amendment requires publication of the ordinance number and title at least once in a newspaper within 15 days of its adoption.
 Charter section 4.5 – Appointment and Removal of Officers, Employees and Appointee – to reflect that the Library Director appoints and removes employees of the Library.  Charter section 5.1 – City Manager – to reflect that the Library Board of Trustees appoints the Library Director. It also eliminates superfluous sentences about appointing other employees (already included in section 4.5) and an interim City Manager in the absence of the City Manager and Assistant City Manager and deletes a paragraph about the City Manager appointing a secretary who serves in the position at will as this does not reflect current practice or staffing.
 Charter section 7.1 – Public Library and Board of Library Trustees to reflect that the Library Board of Trustees does not appoint or remove library personnel other than the Library Director. The Library Director appoints and removes library personnel.

Charter Amendment No. 2 – Terms of Office and Legislation (Resolution Exhibit B) This proposed amendment would update:
 Charter section 2.8 – Term of Office of Councilmember Filing as Candidate for Mayor.

The draft reflects that the term of office ends when their successor is appointed or 40 days after the election, whichever occurs first.

Under existing law, which has been in place in its current form since 1989, the term of office of a councilmember who files for the office of Mayor automatically expires on the date the next municipal election is held after filing.

The rationale for this seems to be to: (i) maintain the charter’s commitment to appointments to fill vacancies; (ii) discourage mid-term councilmembers from running for Mayor; and (iii) make sure that only one candidate for Mayor serves after the election – the winning mayoral candidate. The councilmembers who lose in the election cannot Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 3, Packet Page 4128 continue to serve on the council, as their terms either will expire automatically (they are running at the end of a council term) or under Section 2.8 (they run mid-term, but the charter shortens their term).

In 2022, this charter provision resulted in a vacancy for a mid-term seat from November 9, 2022 until December 12, 2022 when the City Council appointed a representative to the vacant seat. This left only three members of the City Council to conduct City business. The proposed change will allow the mayoral candidates to continue to serve until their replacement is appointed.

Also, under existing law, a mid-term councilmember seat that is vacated under Section

2.8 is treated for nomination purposes as if the incumbent chose not to run again and provides an extra five days for nomination papers. The intent is presumably to attract more candidates to ensure the appointed incumbent does not win without an election contest. That is, the appointed councilmember is treated the same as an incumbent who has chosen not to run for election. The proposed revision changes the policy to not provide five extra days for nomination purposes. The revision deletes language so that the appointed incumbent is treated the same as an elected incumbent who is running for reelection.
 Charter section 3.1 – The Mayor. The proposed revision states that the Mayor is elected every two years and their term ends when their successor is elected and qualified.  Charter section 4.1 – City Council. The proposed revision states that Councilmembers are elected every four years and their term ends when their successor is elected and qualified.

Charter Amendment No. 3 – Term Limits (Resolution Exhibit C) This proposed amendment would update:
 Article 3.1 – The Mayor, and Article 4.1 – City Council. The revision imposes term limits of 12 consecutive years total no matter the elective office (Mayor, Councilmember, or combination of both) with the ability to again serve in elective office after being out of office for at least two years. The revision provides that a Councilmember that is ineligible to hold office due to term limits may nonetheless be appointed to a Councilmember seat if there are no candidates for the vacancy.

Charter Amendment No. 4 - Article 6, Fiscal Administration (Resolution Exhibit D) Article 6.4 - Leases of City Property
 Section 6.4 provides that all leases of city property shall be at fair market rent as established by sound appraisal practices. the City Council desires to submit to the voters of the City of Monterey a ballot measure proposal to amend the City of Monterey City Charter to authorize below market rate leases to qualified nonprofit organizations when certain findings are made. Specifically, if the City Council determines that such terms and rates serve the community benefit.

Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 4, Packet Page 4129  Several qualified nonprofit organizations may benefit from such an amendment such as the American Legion Post 41, First Night Monterey, the Monterey Peninsula Yacht Club, the Monterey Peninsula Chamber of Commerce, and the Monterey Bay Aquarium.

CD/hs
Attachment: 1. Resolution
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 5, Packet Page 4130 RESOLUTION NO. __- ___ C.S.

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

ADDING MEASURES TO THE BALLOT TO ASK THE VOTERS OF THE CITY OF

MONTEREY TO AMEND PROVISIONS OF THE CITY CHARTER
WHEREAS, the City of Monterey became a charter city in 1910; WHEREAS, pursuant to the charter and the Elections Code section 10400, the City Council must call for an election to be held on November 5, 2024 for the purpose of electing municipal officers and for Charter amendments;
WHEREAS, on February 20, 2024 and June 4, 2024, the City Council received a report and provided direction on potential Charter amendments for the November 5, 2024 election; WHEREAS, on June 4, 2024, the City Council adopted Resolution 24-091 calling and noticing an election, and requesting the Monterey County Board of Supervisors render services necessary to consolidate and conduct the election, and canvass returns; WHEREAS, on July 8, 2024 the Board of Library Trustees received a report on the potential charter amendments that pertain to the Library; 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 RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby declares, determines, and orders as follows:

SECTION 1. RECITALS
The foregoing recitals are true and correct and are hereby adopted by the City Council.

SECTION 2. CHARTER AMENDMENT 1
a. Ballot Language
Pursuant to Section 3 of Article XI of the California Constitution and California Elections Code section 1415, the City Council hereby orders the following question be submitted to the voters at the General Municipal Election:

Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 6, Packet Page 4131 2 MEASURE___________.

YES
City Charter Clerical Corrections and
Clarifications. Shall the measure to amend
the City’s Charter to make delete obsolete
provisions, resolve contradictions, conform to
current law, clarify that the Library Board
appoints or removes the Library Director, who
appoints and removes other Library
employees, and update procedural processes
for the adoption of ordinances, be adopted?
NO
b. Proposed Charter Amendment
The full text of the Charter amendment to be approved by the voters is attached to this Resolution as Exhibit A and incorporated by reference. The full text of the Charter amendment shall be printed in the Voter Information Pamphlet.
c. Passage of the Measure
This measure requires the approval of a majority of qualified electors of the City voting in the election on the issue.

SECTION 3. CHARTER AMENDMENT 2
a. Ballot Language
Pursuant to Section 3 of Article XI of the California Constitution and California Elections Code section 1415, the City Council hereby orders the following question be submitted to the voters at the General Municipal Election:

MEASURE _______.

YES
Councilmember Filing as Candidate for
Mayor. Shall the measure to amend the City’s
Charter to specify that the term of office for a
Councilmember filing for Mayor expires when
their successor is appointed or 40 days after
the election, whichever occurs first; remove
the five extra days for the candidate filing
period; and other clerical, non-substantive
changes to sections regarding the Mayor and
City Councilmembers, be adopted?
NO
b. Proposed Charter Amendment
The full text of the Charter amendment to be approved by the voters is attached to this Resolution as Exhibit B and incorporated by reference. The full text of the Charter amendment shall be printed in the Voter Information Pamphlet.

Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 7, Packet Page 4132 3 c. Passage of the Measure
This measure requires the approval of a majority of qualified electors of the City voting in the election on the issue.

SECTION 4. CHARTER AMENDMENT 3
a. Ballot Language
Pursuant to Section 3 of Article XI of the California Constitution and California Elections Code section 1415, the City Council hereby orders the following question be submitted to the voters at the General Municipal Election:

MEASURE__________.

YES
Mayor and City Councilmember Term
Limits. Shall the measure to amend the
City’s Charter to provide that no person shall
hold elective office for more than 12
consecutive years, whether held in the office
of Mayor, City Councilmember, or both, with
the ability to again hold elective office after a
two-year break in service, be adopted? NO
b. Proposed Charter Amendment
The full text of the Charter amendment to be approved by the voters is attached to this Resolution as Exhibit C and incorporated by reference. The full text of the Charter amendment shall be printed in the Voter Information Pamphlet.
c. Passage of the Measure
This measure requires the approval of a majority of qualified electors of the City voting in the election on the issue.

SECTION 5. CHARTER AMENDMENT 4
a. Ballot Language
Pursuant to Section 3 of Article XI of the California Constitution and California Elections Code section 1415, the City Council hereby orders the following question be submitted to the voters at the General Municipal Election:

MEASURE: __________.

YES
Leases of Real Property. Shall the
measure to amend the City’s Charter to
allow the City to lease City real property to
qualified nonprofit organizations,
governmental entities, or educational
institutions, on terms and rates that serve
the community benefit, be adopted? NO
Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 8, Packet Page 4133 4 b. Proposed Charter Amendment
The full text of the charter amendment to be approved by the voters is attached to this Resolution as Exhibit D and incorporated by reference. The full text of the Charter amendment shall be printed in the Voter Information Pamphlet.
c. Passage of the Measure
This measure requires the approval of a majority of qualified electors of the City voting in the election on the issue.

SECTION 6.
a. The Ballot Measures. The Ballot Measures shall be designed by letter by the Monterey County Elections Department. Pursuant to Elections Code section 10400 et seq., the election for these measures shall be consolidated with the established Election. b. Impartial Analysis
Pursuant to California Elections Code section 9280, the City Council hereby directs the City Clerk to transmit to the City Attorney a copy of the charter amendments attached to this Resolution as Exhibits A through D. The City Attorney shall prepare an impartial analysis for each charter amendment showing the effect of the amendment on existing law and the operation of the ordinance. The analysis for each charter amendment shall not exceed 500 words and shall contain a statement that charter amendment was placed on the ballot by the City Council. The City Attorney shall transmit the impartial analysis to the City Clerk by August 15, 2024 for conveyance to the County Registrar of Voters. c. Arguments for the Measures and Deadlines Therefore

1. The last day for submission of primary arguments in favor of or against the charter amendments shall be by 2:00 p.m. on August 15, 2024.

2. Pursuant to California Elections Code Section 9282, subdivision (b), the City Council hereby authorizes the Mayor to prepare and file the primary written argument on behalf of the City Council in support of the Charter Amendments. At the discretion of the Mayor, the argument may also be signed by other members of the City Council, bona fide associations of citizens, or by individual voters who are eligible to vote on the Charter Amendments.

3. In accordance with Section 9283 of the Elections Code, the printed names and signatures of not more than five authors shall appear with any argument submitted in accordance with this Resolution.

4. In accordance with Section 9282(c) of the Elections Code, any argument written in favor of or against the proposed Charter Amendments described above shall not exceed 300 words.

5. Pursuant to California Elections Code Section 9285, subdivision (b), the City Council hereby adopts the provisions of California Elections Code section 9285, subdivision (a), relating to rebuttal arguments for the Charter Amendments only for the November 5, 2024 election, and thereafter this Section 6(b)(5) shall expire.

6. The last day for submission of rebuttal arguments shall be 2:00 p.m. on August 22, 2024.

7. The City Council hereby authorizes and directs the City Clerk to give preference and priority to any written argument for or against the City Charter Amendments set forth above that includes a member or members of the City Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 9, Packet Page 4134 5 Council, and then to other arguments as set forth in Elections Code section 9287.

SECTION 7. IMPLEMENTATION
The City Clerk is directed to file with the Monterey County Board of Supervisors a certified copy of this Resolution, with a copy to the County Registrar of Voters, pursuant to California Elections Code section 10403. The City Clerk is further authorized and directed to perform all other acts necessary or required by law to implement this Resolution and related to the election.

SECTION 8. SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this Resolution or its application to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution or its application to other persons and circumstances. The City Council of the City of Monterey hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 10, Packet Page 4135 Exhibit A

AMENDMENT TO THE CHARTER OF THE CITY OF MONTEREY
THE PEOPLE OF THE CITY OF MONTEREY DO ORDAIN, as follows:

SECTION 1:

WHEREAS, the City Council desires to submit to the voters of the City of Monterey a ballot measure proposal to amend various sections of the City of Monterey City Charter to: (1) use gender neutral pronouns; (2) delete outdated language regarding the absence of the City Manager and the position of the Secretary to the City Manager that are obsolete; (3) update the procedure for adopting legislation; and (4) make clear that the Board of Library Trustees (not the City Manager) has the power to appoint and remove the Library Director and it does not have the power to appoint or remove other Library employees; WHEREAS, the foregoing delete obsolete provisions, resolve contradictions, conform to current law and practice, and update the legislative procedural process to remain transparent and more efficient;
WHEREAS, the City Manager has not appointed or removed the Library Director, and the Board of Library Trustees has not appointed or removed Library employees other than the Library Director, and the Charter amendment reflects this fact. The Charter amendment clarifies that the Library Director appoints and removes employees of the Library ; 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, the People of the City of Monterey do hereby enact the following amendments to the City Charter (bold showing additions and strike through showing deletions):

SECTION 2: the People of the City of Monterey declare that the foregoing recitals are true and correct and are incorporated and adopted as findings as if fully set forth herein.

SECTION 3: Article 2, Section 2.2 is hereby amended to read as follows:

Sec. 2.2 Eligibility of Elective Officers. No person shall be eligible for election to, or hold, any elective office of the City unless he/she shall they have been a resident and elector of the City for the period of time and have such other qualifications as are prescribed by S state law for Councilmembers of G general L law Ccities.

Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 11, Packet Page 4136 Exhibit A
SECTION 4: Article 4, Section 4.4 is hereby amended to read as follows:

Sec. 4.4 Legislation
(a) In addition to other acts required by law or specific provisions of this Charter to be done by ordinance, acts which provide for the following shall be done by ordinance:
a.1. Provide for a criminal or civil penalty or adopt any rule or regulation for violation of which a criminal or civil penalty is imposed.
b.2. Levy any tax.
c.3.Regulate the use of property or regulate the conduct of persons. (b) No ordinance or resolution shall be passed without receiving the affirmative vote of at least three (3) members of the Council.
(c) Ordinance Adoption Procedure.

1. Except as provided in subsection (d), no ordinance shall be passed by the City Council on the day of its introduction, or within five days thereafter. A proposed ordinance may be amended or modified at the time of its final passage without an additional reading provided the general scope and original purpose are retained. , no ordinance shall be passed by the Council on the day of its introduction, or within five (5) days thereafter, or at any time other than

2. An ordinance may be adopted at a regular, adjourned, or special meeting.

3. An ordinance may be adopted without reading the text or the title. or until its publication at least three (3) days before its adoption. In the case of an ordinance being amended before its adoption as amended, and where such amendment is made for the correction of clerical error or omission of form only, then such ordinance need not be republished.

Ordinances and resolutions need not be read either in whole or in part prior to their adoption except as may be otherwise required by ordinance or general law. (d) Effective Date. An ordinance shall take effect thirty (30) days after its final passage except an ordinance shall take effect immediately on the day of its introduction if it is an ordinance:
a. 1. Relating to an election.
b. 2. For the immediate preservation of the public peace, health, or safety, containing a declaration of the facts constituting the urgency and is passed by a four-fifths (4/5) vote of the Council.
c. 3. Relating to taxes for the usual and current expenses of the City. d. 4. Covered by particular provisions of law prescribing the manner of its passage and adoption.
(e) Within fifteen days after the adoption of an ordinance, the City Clerk shall cause to be published, at least once, in a newspaper of general circulation the ordinance number and title.
(f) No ordinance, or portion thereof, shall be amended or repealed except by ordinance. (g) All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk.

SECTION 5: Article 4, Section 4.5 is hereby amended to read as follows:

Sec. 4.5 Appointment and Removal of Officers, Employees and Appointees. (a) Appointment of officers and employees:

1. The Council shall appoint a City Manager and a City Attorney by affirmative vote of three (3) of its members. The City Council may retain the City Manager and City Attorney by contract setting forth the terms and conditions of employment. In the event said contract Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 12, Packet Page 4137 Exhibit A
provides conditions of employment contrary to this Charter, or any ordinance, rule or regulations, provided said provisions are lawful, the provisions of said contract shall prevail.

In addition to the City Manager and City Attorney, the Council shall designate and determine the compensation of all employees. The City Council may authorize the City Manager to employ said officers by contract.

2. The Council shall appoint by affirmative vote of three (3) of its members, all members of municipal boards, commissions and committees and representatives of the City to other agencies.

3. The City Manager shall appoint all other officers and employees of the City except as otherwise herein provided in the City Charter.

4. The City Attorney shall appoint all officers and employees of the City Attorney’s Department.

5. The Library Director shall appoint all employees of the Library. (b) Removal of officers:

1. The Council may remove any of its appointees at pleasure without cause stated or hearing had by affirmative vote of four (4) members, and may remove any of its appointees for cause after a hearing by affirmative vote of three (3) of its members.

2. The City Manager may remove any of the appointive officers appointed by him/her them at pleasure, provided that:
(i) Said officer is served with reasonable written notice of the reason for such removal. (ii) Said officer shall have the right of appeal to the City Council, the procedures for which shall be established by ordinance or resolution. The decision of the City Council shall be final.
(c) Removal of subordinate officers and employees:

1. The City Manager, and City Attorney, and Library Director may remove all other officers and employees appointed by them only for cause. An officer or employee removed for cause shall have the right of appeal to, and a hearing before the City Council. The procedures for removal for cause, appeal and hearing shall be established by ordinance or resolution. (d) Limitations on removals:

1. The Council shall not remove any officers within three (3) months next succeeding a general municipal election except for cause.

2. The City Manager shall not remove any chief appointive officer within three (3) months next succeeding his/her their appointment except for cause. (e) Suspension in lieu of removal:

1. Any officer or employee, in lieu of removal, may be suspended up to thirty (30) days with or without pay for the same reasons or on the same grounds and on the same procedure as herein provided for removal.

SECTION 6: SECTION 4: Article 5. Section 5.1 is hereby amended to read as follows:

Sec. 5.1 City Manager. The Council shall select the City Manager who shall serve at the pleasure of the City Council, except as otherwise provided by contract. The City Manager shall be the administrative head of the City and shall have such powers as are necessary to carry out and enforce all ordinances, resolutions, rules and directions of the City Council and the general laws of the State of California applicable to the City.

The City Manager shall appoint and remove all officers and employees of the City except those appointed by the City Council, in accordance with the rules and regulations established by the City Council for appointment and removal.

Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 13, Packet Page 4138 Exhibit A
The City Manager may appoint an Assistant City Manager who shall have all of the powers and duties of the City Manager in the event of the City Manager’s absence or disability. In the absence of the Assistant City Manager and the City Manager, the Council may appoint an - Interim City Manager to act during the absence or disability of the City Manager.

The City Manager may appoint a Secretary to the City Manager, who shall serve at the pleasure of the City Manager, the provision of this Charter or any ordinance, resolution or regulation pertaining to the removal of officers and employees notwithstanding.

The City Manager shall appoint a City Clerk who shall maintain the official records of the City and perform such other duties as required.

SECTION 7: Article 7, Section 7.1, is hereby amended to read as follows:

Sec. 7.1 Public Library and Board of Library Trustees.

There shall be a Board of Library Trustees consisting of five (5) members to be appointed by the Council. Terms of Library Trustees shall be four (4) years. The terms shall be staggered.

The Board of Library Trustees shall have the following powers, duties, and responsibilities:
(a) To select all books, magazines, periodicals, recordings, films, pictures, photographs, programs received through electronic media, documents, or any other cultural items for circulation from or study in the Monterey Public Library. (b) To make and enforce such bylaws, rules and regulations as it may deem necessary for the administration of the Monterey Public Library program.
(c) To appoint and remove the Library Director who shall be the department head., and any such other library personnel as may be necessary for the operation of the library program. (d) To perform such additional duties and have such additional powers as may be prescribed by ordinance or resolution.
(e) There shall be maintained a library trust fund which shall consist of the present library trust fund together with all gifts, devises, or bequests received for the use of donated to the library hereafter and all miscellaneous revenues of the library, except fines. Expenditures from said the library trust fund shall be made authorized by the Council for such library purposes as are upon requested by the Library Board and as are in conformity accordance with the conditions of any such gifts, devises, or bequests.

SECTION 8: All Charter provisions or parts of Charter provisions, ordinances, and resolutions, or parts of ordinances and resolutions, in conflict herewith are hereby repealed, including but not limited to deleting inconsistent portions of Monterey City Code 25-14.10, such as removing the Board of Library Trustees as the Appeal Authority for Library personnel.

SECTION 9: If any provision of these charter amendments or the application thereof to any person or circumstance is held invalid, the remainder of the charter amendments and the application of such provisions to other persons or circumstances shall not be affected thereby.

SECTION 10: These charter amendments shall take effect upon the date of election certification plus ten days pursuant to Elections Code section 9217 if it is passed by a simple majority of the voters voting on the question at the November 5, 2024 election.

Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 14, Packet Page 4139 Exhibit B

AMENDMENT TO THE CHARTER OF THE CITY OF MONTEREY
THE PEOPLE OF THE CITY OF MONTEREY DO ORDAIN, as follows:

SECTION 1:

WHEREAS, under Charter section 2.8, which has been in place in its current form since 1989, the term of office of a councilmember who files for the office of Mayor automatically expires on the date the next municipal election is held after filing. The rationale for this is to: (i) maintain the charter’s commitment to appointments to fill vacancies; (ii) discourage mid-term councilmembers from running for Mayor; and (iii) make sure that only one candidate for Mayor serves after the election – the winning mayoral candidate. The councilmembers who lose in the election cannot continue to serve on council, as their terms either will expire automatically (they are running at the end of a council term) or under Section 2.8 (they run mid-term, but the charter shortens their term);
WHEREAS, in 2022, Charter section 2.8 resulted in a vacancy for a mid-term councilmember seat from November 9, 2022 until December 12, 2022 when the City Council appointed a representative to the vacant seat. This left only three members of the City Council to conduct City business. The proposed change will allow the mayoral candidate(s) to continue to serve until their replacement is appointed or until 40 days after the election, whichever occurs first;
WHEREAS, currently, a mid-term councilmember seat vacated under Section 2.8 is treated for nomination purposes as if the incumbent chose not to run again and provides an extra five days for nomination papers. The intent is presumably to attract more candidates to ensure the appointed incumbent does not win without an election contest. That is, the appointed councilmember is treated the same as an incumbent who has chosen not to run for election.

The proposed revision changes the policy to not provide five extra days for nomination purposes. The appointed incumbent is treated the same as an elected incumbent who has decided to run for reelection;
WHEREAS, the proposed revisions for Charter sections 3.1 provide that the Mayor is elected every two years and their term ends when their successor is elected and qualified; WHEREAS, the proposed revisions for Charter sections 3.1 provide that Councilmembers are elected every four years and their term ends when their successor is elected and qualified; 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, 7/16/2024, Item No. 16., Item Page 15, Packet Page 4140 Exhibit B
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 People of the City of Monterey do hereby enact the following amendments to the City Charter (bold showing additions and strike through showing deletions):

SECTION 2: the People of the City of Monterey declare that the foregoing recitals are true and correct and are incorporated and adopted as findings as if fully set forth herein.

SECTION 3: Article 2, Elections, Initiative, Referendum and Recall Sec. 2.8 Term of Office of Councilmember Filing as a Candidate for Mayor.

Terms of office for councilmembers who file for the office of Mayor shall automatically expire on the date the next municipal election is held after filing their successor is appointed or forty (4) days after the General Municipal Election, whichever occurs first. The filing period for candidates to fill the councilmember’s term shall be extended an additional five (5) days.

SECTION 4: Article 3, Section 3.1, is hereby amended to read as follows:

Sec. 3.1 The Mayor.
(a) The Mayor shall be a member of the City Council and entitled to vote on all matters coming before the Council. The Mayor He/she shall preside at all meetings of the City Council and perform such other duties as prescribed by the Council consistent with the office of Mayor. The Mayor shall execute all official documents of the City as required by law or order and shall represent the City at ceremonial functions as he/she the Mayor deems appropriate. (b) A Mayor shall be elected every two years at each general municipal election and shall hold office for the term of two (2) years from and after his/her installation and until his/her their successor is elected and qualified.
(c) No former Mayor shall hold any compensated appointive City office or regular City employment until one (1) year after the expiration of the term for which they were elected to the Council.

Article 4, City Council
Sec. 4.1 City Council
(a) The Council shall be comprised of the Mayor and four (4) Councilmembers and shall be the legislative body of the City.
(b) Two Councilmembers shall be elected at each General Municipal Election and shall hold office for the term of four (4) years from and after their installation in office and every four years thereafter and shall hold office until their successors are elected and qualified. (c) Councilmembers shall not be eligible to hold any other office or employment with the City except as members of Boards, Commissions, and other agencies as authorized of which they Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 16, Packet Page 4141 Exhibit B
are constituted such a member by gGeneral lLaw or by appointment of the Mayor and/or Council.
(d) The Council may, by ordinance, provide for the compensation of Councilmembers provided that said compensation shall not exceed the amount permitted by State Law for gGeneral lLaw cCities of the same population; may provide for additional compensation for the Mayor; and may provide that increases shall take effect during the term of office of Councilmembers. Monies paid by other agencies to the Mayor or Councilmembers serving on the legislative body of said agencies shall not be considered compensation for the purposes of this section. (e) No former Mayor or Councilmember shall hold any compensated appointive City office or regular City employment until one (1) year after the expiration of the term for which they were he/she was elected to the Council.

SECTION 5: All Charter provisions or parts of Charter provisions, ordinances, and resolutions, or parts of ordinances and resolutions, in conflict herewith are hereby repealed.

SECTION 6: If any provision of these Charter amendments or the application thereof to any person or circumstance is held invalid, the remainder of the Charter amendments and the application of such provisions to other persons or circumstances shall not be affected thereby.

SECTION 7: These Charter amendments shall take effect upon the date of election certification plus ten days pursuant to Elections Code section 9217 if it is passed by a simple majority of the voters voting on the question at the November 5, 2024 election.

Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 17, Packet Page 4142 Exhibit C

AMENDMENT TO THE CHARTER OF THE CITY OF MONTEREY
THE PEOPLE OF THE CITY OF MONTEREY DO ORDAIN, as follows:

SECTION 1:

WHEREAS, this action is to amend various sections of the City of Monterey City Charter to implement term limits for the Mayor and City Councilmembers. No Mayor or Councilmember shall be eligible to hold elective office after service for consecutive full terms equaling 12 years.

A Mayor or Councilmember that is prohibited from holding elective office under this section will continue to be eligible for appointment to fill City Councilmember vacancies; WHEREAS, these term limits do not apply to terms that are not consecutive; WHEREAS, this Charter amendment limits service to a combined total of 12 years of consecutive service, whether such service is in the office of Mayor or the office of City Councilmember;
WHEREAS, a person who has served 12 consecutive years in elective office may again serve in elective office after being out of office for at least two years; WHEREAS, this measure will support those who have an interest in serving to come forward and help strengthen all current and future City services provided to our residents; WHEREAS, term limits enforce turnover and reduce the chance an individual has to monopolize an elected seat. Term limits also help to focus the officeholder on governing rather than on winning elections;
WHEREAS, term limits provide opportunities for new leaders with new ideas, policies, and/or goals to support healthy growth and change in the community. This addresses one of the City Council’s value drivers to create a more transparent and inclusive government; WHEREAS, term limits foster diversity by not having to compete against an incumbent.

Term limits are intended to engage new community members in local politics, thereby providing an opportunity for new leaders with new ideas, policies, or goals to support healthy growth and change in the community;
WHEREAS, it is the intention of the People to allow for the appointment of a person who is otherwise ineligible to hold the office of City Councilmember due to term limits to a City Councilmember seat when there are no candidates running for that office; WHEREAS, it is the intention of the People to allow for the appointment of a person who is otherwise ineligible to hold the office of City Councilmember due to term limits to a City Councilmember seat when there are no candidates running for that office and, the restriction on a former Councilmember from holding any compensative appointive City office until one (1) year Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 18, Packet Page 4143 Exhibit C
after the expiration of the term for which they were elected to the Council shall not apply to such appointment;
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, the People of the City of Monterey do hereby enact the following amendments to the City Charter:

SECTION 2: the People of the City of Monterey declare that the foregoing recitals are true and correct and are incorporated and adopted as findings as if fully set forth herein.

SECTION 3: Article 3, Section 3.1, subsections (d) and (e) are hereby added to read as follows:

Sec. 3.1 The Mayor.
(d) No person shall serve a term of elective office of the City for more than 12 consecutive years.

1. This subsection applies to full terms of office commencing on or after November 5, 2024.

2. The terms of office served as Mayor count toward the term limits for the office of a Councilmember so that consecutive years of service in any elective office of the City shall not exceed 12 years.

3. The term limit set forth herein does not apply to any term to which a person is appointed by the City Council to fill a vacancy.

4. A person who has held any elective office of the City for 12 consecutive years shall again be eligible for elective office two (2) years after the expiration of the term for which they were last elected.

SECTION 4: Article 4, Section 4.1, subsections (f) is hereby added to read as follows:

Sec. 4.1 City Council.
(f) No person shall serve a term of elective office of the City for more than 12 consecutive years.

Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 19, Packet Page 4144 Exhibit C

1. This subsection applies to full terms of office commencing on or after November 5, 2024.

2. The terms of office served as a Councilmember count toward the term limits for Mayor so that consecutive years of service in any elective office of the City shall not exceed 12 years.

3. The term limit shall not apply to any term to which a person is appointed by the City Council to fill a vacancy.

SECTION 5: All Charter provisions or parts of Charter provisions, ordinances, and resolutions, or parts of ordinances and resolutions, in conflict herewith are hereby repealed.

Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 20, Packet Page 4145 Exhibit D

AMENDMENT TO THE CHARTER OF THE CITY OF MONTEREY
THE PEOPLE OF THE CITY OF MONTEREY DO ORDAIN, as follows:

SECTION 1:

WHEREAS, the City Council desires to submit to the voters of the City of Monterey a ballot measure proposal to amend the City of Monterey City Charter to authorize below market rate leases to qualified nonprofit organizations, governmental entities, or educational institution when certain findings are made. Specifically, if the City Council determines that such terms and rates serve the community benefit;
WHEREAS, the City has 90 leases of real property of which approximately 11% are with nonprofit organizations. Several qualified nonprofit organizations may benefit from such an amendment such as the American Legion Post 41, First Night Monterey, the Monterey Peninsula Yacht Club, the Monterey Peninsula Chamber of Commerce, Monterey Museum of Art, Monterey History & Art Association, Alliance on Aging, CHISPA, and the Monterey Bay Aquarium;
WHEREAS, government entities may benefit from such an amendment including Monterey-Salinas Transit and the Housing Authority of the County of Monterey; WHEREAS, for prevailing wage purposes, if a portion of rent is waived or reduced by a public agency, the private construction project is required to pay prevailing wages unless an exception applies. The Charter amendment will require that new leases contain a provision to pay prevailing wages as may be applicable;
NOW THEREFORE, the People of the City of Monterey do hereby enact the following amendments to the City Charter (bold showing additions and strike through showing deletions):

SECTION 2: the People of the City of Monterey declare that the foregoing recitals are true and correct and are incorporated and adopted as findings as if fully set forth herein.

SECTION 3: Article 6, Section 6.2, is hereby amended to read as follows:

Sec. 6.4 Leases of City Property
(a) All leases of City property shall be at fair market rent as established by sound appraisal practices.
(b) Exception. Notwithstanding subsection (a), City real property may be leased to a nonprofit organization, governmental entity, or educational institution on terms and rates that serve the community benefit. A lease that is below fair market rent pursuant to this subsection shall contain a provision that the tenant will pay prevailing wages for construction and comply with relevant prevailing wage statutes, as may be applicable. The term nonprofit organization, as that term is used herein, Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 21, Packet Page 4146 Exhibit D
means an entity that is organized and operated exclusively for exempt purposes set forth in Section 501(c)(3) or other comparable provision of the Internal Revenue Code.
(c) All leases in excess of for more than one (1) year shall contain a provision for the increase or reconsideration of rent at fair market value in accordance with accepted commercial lease practices.

SECTION 3: All Charter provisions or parts of Charter provisions, ordinances, and resolutions, or parts of ordinances and resolutions, in conflict herewith are hereby repealed.

SECTION 4: If any provision of this Charter amendment or the application thereof to any person or circumstance is held invalid, the remainder of the Charter amendment and the application of such provisions to other persons or circumstances shall not be affected thereby.

SECTION 5: This Charter amendment shall take effect upon the date of election certification plus ten days pursuant to Elections Code section 9217 if it is passed by a simple majority of the voters voting on the question at the November 5, 2024 election.

Council Regular Meeting, 7/16/2024, Item No. 16., Item Page 22, Packet Page 4147

Monterey City CouncilJuly 16, 2024

Monterey City Council
July 16, 2024