Agenda packet — Monterey City Council, August 6, 2024

Council Chamber
580 Pacific St.

Monterey, California
City Council Agenda
Council Regular Meeting
Tuesday, August 6, 2024
4:00 p.m. – 7:00 p.m.

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

PUBLIC COMMENT PROCEDURES AND TIME LIMITS:

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

1. Up to three minutes per speaker.

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

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

CAMPAIGN CONTRIBUTION DISCLOSURE: Pursuant to the Levine Act (Govt. Code section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more 8/6/2024 4:00:00 PM
2 than $250 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.
***Afternoon Session Agenda ***
4:00 - 5:30 p.m.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Receive Presentation from the Central Coast Small Business Development Center (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

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

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

Approval of Minutes

2. July 16, 2024 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Award of Construction Contracts

3. Award Electrical Contractor Job Order Contracts 2024 for City Projects in the Amount of $1,000,000 to Bear Electrical Solutions, Inc., and $1,000,000 to Collins Electrical Company, Inc. (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP***

4. Award a Construction Contract in the Amount of $813,869.50 to TYMAN Construction, Inc. for the Municipal Wharf 2 Deck Repairs Phase 2 and Ratify Emergency Suspension of Bidding Requirements (Mitigated Negative Declaration adopted by City Council January 21, 2020, Resolution 20-009)
Resolutions
A resolution is an expression of opinion or evidence of a decision made by the City Council and often relates to administrative business of the City. Resolutions generally become effective immediately upon adoption.

5. Authorize the City Manager and Chief of Police to Enter into the 2024 Equitable Sharing Agreement with the U.S. Department of Justice and U.S. Department of the Treasury to Participate in the Equitable Sharing Asset Forfeiture Program (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 8/6/2024 4:00:00 PM
3 6. Adopt a Resolution Approving the Memorandum of Understanding between the City of Monterey and the Monterey Police Association (MPA) for the period of July 1, 2024, through June 30, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

7. Adopt a Resolution Approving the Memorandum of Understanding between the City of Monterey and the Police Lieutenants' Management Association (PLMA) for the period of July 1, 2024, through June 30, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

8. Establish Compensation and Benefits Packages for Unrepresented Confidential Management and Non-management Employees, and Regular Part-time Employees (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

9. Adopt a Resolution Authorizing the City Manager to Amend the Fire Services Agreement with the City of Pacific Grove to Add Emergency Medical Services to Include Advanced Life Support (ALS) Services Upon the County of Monterey’s Approval of this Expanded Service Area (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

10. Adopt a Resolution Authorizing the City Manager to Enter into an Agreement with the State of California Governor’s Office of Emergency Services to Accept an Assignment of a 2024 HME Type 1 Fire Engine for Mutual Aid Emergency Incident Response in the State of California (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

11. Suspend Collection of the Calle Principal Maintenance District (00-01) Assessment Until Next Fiscal Year (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)

12. Suspend the Collection of the Alvarado Street Maintenance District 85-1 Annual Assessment this Fiscal Year (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Other

13. Appoint Vice Mayor Barber as the Voting Delegate, and Mayor Williamson as the Alternate, for the 2024 League of California Cities Annual Conference -- October 16-18, 2024 in Long Beach (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

14. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 171 Wharf II; Agency Negotiators:

Kimberly Cole and Janna Aldrete; Negotiating Parties: Jennifer Towsley (Monterey Fish Company); Under Negotiation: Price and Terms of Payment for New Lease Agreement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)

15. Appoint Shelline K. Bennett, Esq. as Agency Negotiator for Unrepresented City Manager and City Attorney (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 4, Section 15061)
*** End of Consent Agenda ***
8/6/2024 4:00:00 PM
4 PUBLIC APPEARANCE
Public Appearance items are on non-routine issues that might stimulate public interest and comments.

16. Approve the City of Monterey’s Response Letter to the 2023-2024 Monterey County Civil Grand Jury Final Report “Monterey Fire Department: Overdue for Overhaul” (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

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

CITY MANAGER REPORTS
The City Manager may make a brief report on their activities or a brief announcement. They may also ask for clarification or direction regarding scheduling of Council meetings and study sessions.
*** Adjourn to Closed Session (See additional agenda) *** The City Council will take public comments on closed session items before convening to closed session.

ADJOURNMENT
Writings distributed for discussion or consideration on these matters within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, are available at: monterey.gov/submitted-comments and in the City Manager’s Office at 580 Pacific St., Room 1, Monterey, CA 93940 during regular business hours.

Information distributed to the Council at the Council meeting becomes part of the public record. Members of the public who submit written public comment on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $250 to an officer of the City within the preceding 12 months.

CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES:

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

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

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

Upcoming city meetings are listed at http://isearchmonterey.org More information is available by calling (831) 646-3935 Council
Agenda Report
№09/24
FROM: Nat Rojanasathira, Assistant City Manager
SUBJECT: Receive Presentation from the Central Coast Small Business Development Center (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council receive a presentation from the Central Coast Small Business Development Center (SBDC).

VALUE DRIVERS:

POLICY IMPLICATIONS:

The Monterey County Business Council (MCBC), which manages the Central Coast SBDC, supports the City’s goal of fostering economic vitality in the community through business attraction and retention efforts.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

There is no fiscal impact to receiving this presentation. At its February 6, 2024 meeting, the City Council appropriated $10,000 to MBDC to create a SBDC Satellite Office in the City of Monterey to support economic vitality; small business assistance; provide businesses with access to capital; and provide assistance to businesses on human resources matters.

ENVIRONMENTAL DETERMINATION:

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

Date: 8/6/2024
Item No.: 1.

Council Regular Meeting, 8/6/2024, Item No. 1., Item Page 1, Packet Page 5 ALTERNATIVES CONSIDERED:

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

DISCUSSION:

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

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

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

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

Monterey County Business Council: A New Host for SBDCs with a Satellite Office in Monterey The Monterey County Business Council (MCBC), based in Salinas, is a nonprofit public benefit corporation whose governing body is comprised of individuals representing private corporations, nonprofit organizations, and public agencies. MCBC decided that operating the SBDC would be a logical strategic fit for their organization and earlier this year, was awarded the contract with UC Merced to operate the Central Coast SBDC with main offices in Salinas and satellite offices in Monterey and Soledad. The SBDC has located its Monterey Peninsula Satellite Office in the City of Monterey at the Monterey Peninsula Chamber of Commerce, 353 Camino El Estero.

At its meeting on August 6, 2024, the City Council will receive a presentation on the services provided at the new SBDC Monterey Satellite Office.

Attachment: 1. Informational Flyer
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, 8/6/2024, Item No. 1., Item Page 2, Packet Page 6 Get Started Today at
CentralCoastSBDC.com
At no cost to your
businesses!
Start, Grow, & Succeed!
Helping Your Business
The Central Coast Small Business
Development Center (SBDC) provides
expert, no-obligation business advising,
training, & resources to small businesses
in Monterey & San Benito counties.

ATTACHMENT
Council Regular Meeting, 8/6/2024, Item No. 1., Item Page 3, Packet Page 7 Go to centralcoastsbdc.com
Click on “Get Started”
Click on “Sign Up”
Enter Your Info and Submit
Marketing and Sales
Business Start-Up
Funding Assistance
Access to Capital
Feasibility Analysis
Human Resources
International Trade
E-Commerce
Business Plan
QuickBooks
Social Media
Loan Packaging
Certifications
And More!

CONSULTING & TRAINING

THE CENTRAL CALIFORNIA SBDC NETWORK SMALL BUSINESS DEVELOPMENT CENTERS ARE FUNDED THROUGH A COOPERATIVE AGREEMENT WITH THE U.S. SMALL BUSINESS ADVOCATE (SBA) AND THE CALIFORNIA OFFICE OF THE SMALL BUSINESS ADVOCATE (CALOSBA). ALL

OPINIONS, CONCLUSIONS OR RECOMMENDATIONS EXPRESSED ARE THOSE OF THE AUTHOR(S)

AND DO NOT NECESSARILY REFLECT THE VIEWS OF THE SBA, CALOSBA, OR THE CENTRAL CALIFORNIA SBDC NETWORK. FOR MORE INFORMATION, CONTACT [email protected] GET STARTED TODAY!
We’ll Contact You to Arrange an Initial Consultation
and Discuss With You What Services You'll Need.

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PHONE: 831.309.9011 EMAIL: [email protected]
Follow Us on Instagram & Facebook!
@CentralCoastSBDC

ATTACHMENT
Council Regular Meeting, 8/6/2024, Item No. 1., Item Page 4, Packet Page 8

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF MONTEREY
Tuesday, July 16, 2024
4:00 PM 7:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST.

MONTEREY, CALIFORNIA
Councilmembers

Present: Barber, Garcia, Haffa, Smith, Williamson

Absent: None
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Finance Director, Community Development Director, Parks and Recreation Director, Human Resources Director, Library & Museums Director, Public Works Director, City Clerk, Property Manager, Assistant Police Chief, Deputy Public Works Director/City Engineer, Parks Operations Manager, Assistant Human Resources Director, Senior Engineer, Planning Manager, Recreation Manager, Sports Center Manager, Management Analyst I, MSC Senior Facility Specialist, MSC Facility Coordinator, MSC Specialty Class Instructor, MSC Desk Attendant, Recreation Coordinators (3), Cemetery Coordinator, Park Maintenance Worker, Assistant Urban Foresters (2), Recreation Supervisor, Administrative Assistant (MSC), MSC Facility Worker, Sports Official, Recreation Specialists (2), Administrative Assistant (Recreation), Sports Coordinator ***Afternoon Session Agenda ***

CALL TO ORDER
Mayor Williamson called the meeting to order at 4:00 p.m. City Clerk Klein called the roll with the Council present as indicated above.

PRESENTATIONS

1. Recognize July as Parks and Recreation Month 2024 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Recognized Parks and Recreation Month
Parks and Recreation Director Larson gave the staff presentation and answered Councilmembers' questions. The Council praised Parks and Recreation staff, the year's theme "Where You Belong," and the current cost recovery of the Monterey Sports Center (MSC) which it was stated was approaching 80%.

Mayor Williamson explained the procedures identified in the agenda for providing public comment.

Public comment on the matter was received from: David Canepa, who spoke about the importance of the City's Parks and Recreation programs; and Esther Malkin, who gave kudos to the Parks and Recreation staff and Neighborhood and Community Improvement Program (NCIP) staff for their work in the community.

Date: 8/6/2024
Item No.: 2.

Council Regular Meeting, 8/6/2024, Item No. 2., Item Page 1, Packet Page 9 City Council Minutes July 16, 2024
2 GENERAL PUBLIC COMMENTS
Public comment on non-agendized matters was received from: unidentified members of Friends City Development Committee of Korean residents of Monterey; an unidentified man; an unidentified woman; and Bryan Rosen.

CONSENT AGENDA
Mayor Williamson stated that Item 6 would be pulled from the Consent Agenda to be heard after the afternoon public hearings.

Public comment on the Consent Agenda was received from Nina Beety, who expressed concern regarding alleged environmental impacts and fire risks relating to Item 9.

On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council approved the CONSENT AGENDA, minus Item 6:

2. May 29, 2024 Special Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Approved

3. June 18, 2024 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Approved
Award of Construction Contracts

4. Awarding a Construction Contract in the Amount of $1,528,360.00 to ASG Builders for the Citywide Signalized Intersection ADA Upgrades, Phase 3A (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP***
Action: Adopted Resolution No. 24-107 C.S.

5. Awarding a Construction Contract in the Amount of $529,925 to Coastal Paving & Excavating, Inc. for the Citywide Road Rehabilitation Project, Phase 4 (Exempt from CEQA, Article 19, Section 15301, Class 1) ***Measure P/S***
Action: Adopted Resolution No. 24-108 C.S.

Resolutions

6. Adopt Resolution Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes; and Authorize the City Manager to Execute an Agreement with the County of Monterey for the Collection of Assessments, Taxes, and Fees (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; Heard after Afternoon Public Hearings; Adopted Resolution No. 24-109 C.S. with amended Exhibit
Council Regular Meeting, 8/6/2024, Item No. 2., Item Page 2, Packet Page 10 City Council Minutes July 16, 2024
3 This item was heard after Item 14 during the afternoon session. City Attorney Davi gave the staff presentation and answered Councilmembers' questions.

Public comment was not received.

It was noted by the Council that despite a "no" vote on Item 14, a mechanism was needed to collect approved assessments.

On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 24-109 C.S. Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes:

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

7. Authorize an Appropriation from the General Fund’s Unassigned Fund Balance in the amount of $250,000 to the Sidewalk Repair Program (“Project”) and Approve an Amendment to the Job Order Contract with Precision Emprise, LLC dba Precision Concrete Cutting for On-Call Sidewalk Repair Projects by Increasing the Contract Funding Limit from $500,000 to $750,000 (Exempt from CEQA, Article 19, Section 15301, Class 1)
Action: Adopted Resolution No. 24-110 C.S.

8. Authorize the City Manager to Enter Into a Memorandum of Understanding with Central Coast Overdose Prevention for Naloxone (NARCAN®) Distribution Boxes (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-111 C.S.

9. Award Two Citywide Fuel Reduction Job Order Contracts 2024 in an Amount Not to Exceed $1,000,000 Each to West Coast Arborists, Inc, and to Tope’s Tree Service, Inc. (Mitigated Negative Declaration approved on October 25, 2022)
Action: Adopted Resolution Nos. 24-112 and 24-113 C.S.

10. Approve Participation in the Nationwide Opioid Litigation Settlement with Kroger and Authorize the City Manager to Execute the Participation and Subdivision Agreements, and Request Direct Payments to the City (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-114 C.S.

Other

11. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Wharf II North Pump House; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Jennifer Towsley (Monterey Fish Company); Under Negotiation: Price and Terms of Payment for Assignment of Lease (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Appointed real property negotiators Cole and Aldrete *** End of Consent Agenda ***
Council Regular Meeting, 8/6/2024, Item No. 2., Item Page 3, Packet Page 11 City Council Minutes July 16, 2024
4 PUBLIC HEARING

12. Amend Engineer's Report and Confirm Alvarado Street Maintenance District 85-1 Area and the Reduced Assessment Proposed in the Amended Engineer’s Report for Fiscal Year 2024/2025 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Tabled
City Attorney Davi explained that staff recommended tabling Items 12 and 13 due to an issue with the public noticing.

On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following vote, the City Council tabled the matter of Amending Engineer's Report and Confirming Alvarado Street Maintenance District 85-1 Area and the Reduced Assessment Proposed in the Amended Engineer’s Report for Fiscal Year 2024/2025 (Item 12) and the matter of Amending Engineer's Report and Confirming Calle Principal Maintenance District 00-1 Area and the Reduced Assessment Proposed in the Amended Engineer’s Report for Fiscal Year 2024/2025 (Item 13):

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

13. Amend Engineer's Report and Confirm Calle Principal Maintenance District 00-1 Area and the Reduced Assessment Proposed in the Amended Engineer’s Report for Fiscal Year 2024/2025 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Tabled

14. Open a Public Hearing to Receive Protests Related to the Collection of Sewer Service Charges on the Property Tax Roll for Fiscal Year 2024-25, Approve the Annual Rate Report of Sewer Charges for FY 2024-25, and Adopt a Resolution Authorizing the Collection of FY 2024-25 Sewer Charges on the Tax Roll if a Majority Protest Does Not Exist (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Conducted public hearing; Counted written protests, which did not reach the threshold of a majority protest; Adopted Resolution No. 24-115 C.S. (4-1, Councilmember Smith voting no)
Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions.

Public comment was received from: David Canepa, who spoke against the move of the sewer fees to the tax roll; Lori Mazzuca, who spoke against City charges appearing on the County tax bill; and Enis Sumartima, who asked questions that staff said they would answer separately.

City Clerk Klein, Assistant City Manager Rojanasathira, and Administrative Assistant Tulett performed the public count of the sealed protests, following which City Clerk Klein announced that the result of the tally was that a majority protest had not occurred.

City Manager Uslar and Assistant City Manager Rojanasathira, on question from Council, addressed hard costs and staff time spent thus far on the process.

Council Regular Meeting, 8/6/2024, Item No. 2., Item Page 4, Packet Page 12 City Council Minutes July 16, 2024
5 The Council discussed the matter. Impacts were discussed regarding choosing to collect, or not collect, the sewer service charges on the property tax roll. Support was expressed for continuing in the planned direction to move to the tax roll, due to the possibility of confusion on the part of ratepayers and the extensive work that had been carried out by staff and potentially also by property owners and management companies.

It was expressed that the matter would not be supported despite the work already completed, citing the number of residents not in favor and disagreeing with the concept of a Ciity service charge appearing on the County tax roll. It was proposed to approve the annual rate report, but not the move to the tax roll.

City Manager Uslar said that moving to the County tax roll would guarantee that the City would receive its funds timely. On question from the Council, Assistant City Manager Rojanasathira explained that City staff was very confident that the County Assessor would be a useful, reliable partner and that billing through the tax roll would be a solid mechanism for collecting the City's sewer service charges.

In support for moving forward with the move to the tax roll, it was pointed out that the City currently did not manage the billing of the sewer fee and that changing from Monterey One Water (M1W) to the County did not present much of a difference. It was expressed that the situation was not ideal but that cleaning it up and moving forward in the least confusing way possible would be beneficial.

In defense of M1W staff, it was stated that M1W staff had put in hard, good work on the process to move collections to the tax roll and that the ultimate decision of the M1W Board of Directors had been a political one.

On a motion by Councilmember Barber, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 24-115 C.S. approving the Annual Rate Report of Sewer Charges for FY 2024-25 and authorizing the Collection of FY 2024-25 Sewer Charges on the Tax Roll:

AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 1 COUNCILMEMBERS: Smith
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
*** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed session at 5:52 p.m.

RECESS
The Council recessed at 6:24 p.m.

RECONVENE
The Council reconvened at 7:01 p.m. with all members of the Council present. *** Evening Session Agenda ***

PLEDGE OF ALLEGIANCE
Council Regular Meeting, 8/6/2024, Item No. 2., Item Page 5, Packet Page 13 City Council Minutes July 16, 2024
6 Chair Dawson of the Planning Commission led the Pledge.

GENERAL PUBLIC COMMENTS CONTINUED
Mayor Williamson explained the procedures identified in the agenda for providing public comment. Continued public comment on non-agendized matters was received from: Nelson Vega, Shane Strong, Phillip Bezouska of Monterey Fire Department, Douglas McFarland, Frank Troia, and Amy Megan.

ANNOUNCEMENTS FROM CLOSED SESSION
City Attorney Davi announced:
cs1. Conference with Agency Labor Negotiators Pursuant to Government Code Section 54957.6 for Labor Negotiations; Agency Negotiators: Brette Neal, Gina Russo; Employee Organizations: General Employees of Monterey (GEM), Monterey Fire Chief Officers' Association (MFCOA), (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 4, Section 15061)
Action: On unanimous roll call votes: on the matter of MFCOA, a tentative agreement was reached and ratified for a three year term, with a wage increase of 4% each year for three years, a 1.3% market adjustment for the Assistant Fire Chief, a 2.5% certification pay for the Fire Chief Marshall, medical insurance to remain status quo, deferred compensation employer matching increased by $50 per month, management leave increased from 40 hours to 80 hours for a 40-hour shift and from 40 hours to 48 hours for a 56 hour shift, special assignment language added to receive between 2% and 20% for special assignments; and on the matter of GEM, a tentative agreement was ratified for a 3 year term, with 4% wage adjustment each year, market adjustments made to particular positions to bring them within 5% of the total compensation median, a deferred compensation employer match increase by $50 per month, tuition reimbursement increase from $1,000 per year to $2,000 per year, health insurance to remain status quo with a reopener in 2027 to discuss, and additional agreements regarding standby pay increase, uniform allowance increase, shoe reimbursement, night shift differential, bilingual pay, vacation accrual payout, minimum leave event, voluntary unpaid leave usage, bereavement leave, and sweeper differential.
cs2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: Wharf II North Pump House
Agency Negotiators: Kimberly Cole and Janna Aldrete
Negotiating Parties: Jenn Towsley (Monterey Fish Company) Under Negotiation: Price and Terms of Payment for Assignment of Lease (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote, confidential direction was given to real property negotiators

ADJOURN TO JOINT SPECIAL MEETING AND ESTABLISH QUORUM OF THE PLANNING

COMMISSION
The Council adjourned to the joint special meeting of the City Council and Planning Commission. City Clerk Klein called the roll of the Planning Commission, reflecting attendance as follows:

Commissioners Present: Bluth, Brassfield, Dawson, Fletcher, Freeman, Silva Commissioner Absent: Latasa
Council Regular Meeting, 8/6/2024, Item No. 2., Item Page 6, Packet Page 14 City Council Minutes July 16, 2024
7 PUBLIC HEARING (EVE)

15. I. Planning Commission Adopt a Resolution Recommending that the City Council:

A. Certify the Program Environmental Impact Report (EIR) prepared for the Monterey 2031 General Plan Update in accordance with CEQA Article 7, Section 15090; B. Adopt Environmental Findings, Statement of Overriding Consideration, and Mitigation and Monitoring Program; and
C. Approve the Monterey 2031 General Plan Update to the Housing (2023-2031), Land Use, Circulation, and Safety Elements
Note: The Elements Contain Revised Land Use Designations which will Lead to Future Rezoning and Will Affect Individual Property Owners
Action: Held public hearing; Planning Commission adopted Resolution No. P24-017 as amended (6-0-1, Commissioner Latasa absent); City Council adopted Resolution Nos. 24- 116 C.S. (5-0), 24-117 C.S. (5-0), and 24-118 C.S. as amended (4-1, Councilmember Smith voting no)
Andrew Hill, consultant with Dyett & Bhatia, gave the presentation, and together with Planning Manager Hill, Community Development Director Cole, and City Attorney Davi, answered Councilmembers' and Planning Commissioners' questions. Councilmember Haffa left the Chamber at 8:46 p.m. and returned at 8:48 p.m.

Public comment was received from: Jean Rasch, who asked questions about a Monterey Peninsula Unified School District (MPUSD) property and about California Senate Bill 9 ("SB 9") and the city's ability to respond to it; Laura Davis of LandWatch, who urged the Council not to rely on development in Fort Ord, citing environmental concerns, and instead to adopt the relocated housing growth alternative; Nina Beety, who said that housing must be allowed to be developed in Visitor Accommodation Facility (VAF) zones and expressed concern with developing housing on Fort Ord property, citing military chemical waste and pollution; Adam Pinterits of Monterey County Association of Realtors, who applauded the City staff for the thoroughness of their outreach and spoke in support of keeping all of the parcels, including Fort Ord, in consideration; and Esther Malkin, who said there was a concerning number of Monterey residents paying 70% of their income on rent, and urged the Council not to cave to privileged people who did not have to worry about housing insecurity.

The Planning Commission discussed the matter. City staff was praised for the enormous amount of work done to get to this point with the General Plan update. Displeasure was expressed with cities being told what to do by the State of California but it was noted that it was clear that there was not much that cities could do.

Regarding Fort Ord, it was stated by the Planning Commission that the Fort Ord approach had potential but that the housing problem in general seemed almost impossible to solve. It was stated that it would be desirable to be able to address density in a more even way, such as shifting some of the density burden to Fort Ord and tamping down some of the higher density requirements in other parts of the City. It was stated that the problem with Fort Ord was the topography which it was stated was a serious constraint on straightforward development. It was asserted that the site would not lend itself to having a developer profitably build a massive multiCouncil Regular Meeting, 8/6/2024, Item No. 2., Item Page 7, Packet Page 15 City Council Minutes July 16, 2024
8 family development with 20% inclusionary housing. It was stated that there was unfortunately not another viable alternative. City Manager Uslar clarified that the Fort Ord properties were not proposed to be the primary housing site but rather a buffer zone, and that everything else would be built in Monterey.

Regarding height limits in the Alvarado District, it was stated by the Planning Commission that many important structures in the area were one or two stories and that to avoid silos, the limit should be four stories, but that such a limit might not meet the requirements of additional building. It was stated that the Planning Commission needed to be objective and that it was difficult to determine the ideal height limit to achieve a units-per-acre goal without designing, but it was stated that a six-floor limit would be appropriate to attempt to meet that goal.

It was stated by the Planning Commission that they could have done more if they had been able to review the meeting materials sooner. It was expressed that moving forward with reaching the City of Monterey's goals and timelines was desirable.

The Planning Commission declared on consensus that they would recommend that the City Council adopt the EIR, Environmental Findings, Statement of Overriding Considerations, and Mitigation and Monitoring Program.

City Attorney Davi led the Planning Commission through the recusal process for the housing sites, as follows.

Commissioner Silva disclosed conflicts on the following housing inventory sites: Sea Foam Avenue, 136 Tide Avenue, and 132 Tide Avenue, and then left the Council Chamber. On question from the Planning Commission, Community Development Director Cole provided an explanation about housing inventory sites. The Planning Commission, on consensus, agreed with moving forward with the housing inventory sites disclosed as conflicts by Commissioner Silva.

Commissioner Silva returned to the Chamber. Commissioner Brassfield disclosed conflicts on the following housing inventory sites: 2370 N. Fremont Street, 543 Ramona Avenue, 2407 N.

Fremont Street, 2333 N. Fremont Street, and 2236 N. Fremont Street, and then left the Council Chamber. The Planning Commission, on consensus, agreed with moving forward with the housing inventory sites disclosed as conflicts by Commissioner Brassfield.

Commissioner Brassfield returned to the Chamber. Commissioner Fletcher disclosed conflicts on the following housing inventory sites: 2161 N. Fremont St., 2191 N. Fremont St., APN 013- 081-046-000 (vacant lot on Ramona St. at Branner Ave.), 2201 N. Fremont St., and 2209 N.

Fremont St., and then left the Council Chamber. The Planning Commission, on consensus, agreed with moving forward with the housing inventory sites disclosed as conflicts by Commissioner Fletcher.

Commissioner Fletcher returned to the Chamber. Commissioner Bluth disclosed conflicts on the following housing inventory sites: APN 001-511-016-000 (vacant lot located between 552 and 546 English Ave.), 424 Van Buren St., APN 001-336-001-000 (vacant lot located at Madison St. at Pebble St.), APN 001-333-014-000 (vacant lot between 950 Madison St. and 910 Madison St.), APN 001-333-017-000 (vacant lot between 950 Madison St. and 910 Madison St.), 546 Dutra St., 587 Van Buren St., 593 Van Buren St., and 101 Herrmann Dr., and then left the Council Chamber. Commissioner Fletcher identified that he had a conflict at 769 Pacific Street, and left the Council Chamber. The Planning Commission, on consensus, agreed with moving forward with the housing inventory sites disclosed as conflicts by Commissioners Bluth and Fletcher.

Council Regular Meeting, 8/6/2024, Item No. 2., Item Page 8, Packet Page 16 City Council Minutes July 16, 2024
9 Commissioners Bluth and Fletcher returned to the Chamber.

A motion was introduced by Commissioner Fletcher, and seconded by Commissioner Brassfield, that the Planning Commission adopt Resolution No. P24-017.

Commissioner Silva offered a friendly amendment to the motion to recommend that the Council provide additional height up to six (6) stories in the Alvarado District downtown to projects that qualify for the local density bonus if they offer a higher share of two (2)- and three (3)-bedroom units, and the mover and seconder agreed to modify the motion. The amended motion carried by the following roll-call vote:

AYES: 6 COMMISSIONERS: Bluth, Brassfield, Dawson, Fletcher, Freeman, Silva NOES: 0 COMMISSIONERS: (None)
ABSENT: 1 COMMISSIONERS: Latasa
ABSTAIN: 0 COMMISSIONERS: (None)
RECUSED: 0 COMMISSIONERS: (None)
The Planning Commissioners departed the Chamber and the joint special meeting ended.

ADJOURN TO CITY COUNCIL MEETING
The Council adjourned to its Regular Meeting.

The Council began to discuss the matter. At the request of the Council, Andrew Hill answered questions posed during public comment, explaining that just because the MPUSD owns property doesn't mean they must develop it for housing, and that regarding SB9 housing affordability, all of the alternatives in the EIR were feasible but the alternative would not meet the identified project objectives as well as the preferred plan would.

Mayor Williamson reopened public comments on the subject of the Planning Commission's recommendation to the City Council, and none was received.

On a motion by Councilmember Barber, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 24-116 C.S. certifying the Environmental Impact Report (EIR) prepared for the Monterey 2031 General Plan update of the Housing Element (2023-2031), Land Use Element, Safety Element, and Circulation Element:

AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 24-117 C.S. adopting environmental findings, a statement of overriding considerations, and a mitigation and monitoring and reporting program for the Monterey 2031 General Plan update of the Housing Element (2023-2031), Land Use Element, Safety Element, and Circulation Element:

AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Council Regular Meeting, 8/6/2024, Item No. 2., Item Page 9, Packet Page 17 City Council Minutes July 16, 2024
10 Based on disclosed conflicts on the following housing inventory sites: Filmore Street (lot in the middle of the block between Hoffman St. and Prescott Ave.), and 620 Filmore Street, Vice Mayor Barber left the Council Chamber.

On a motion by Mayor Williamson, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the housing inventory sites disclosed as conflicts by Vice Mayor Barber:

AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 1 COUNCILMEMBERS: Barber
Vice Mayor Barber returned to the Chamber. Based on a disclosed conflict on the following housing inventory site: Wainwright Street (vacant lot below High Street on Wainwright Street), Mayor Williamson left the Council Chamber.

On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the housing inventory site disclosed as a conflict by Mayor Williamson:

AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 1 COUNCILMEMBERS: Williamson
Mayor Williamson returned to the Chamber. Based on disclosed conflicts on the following housing inventory sites: 6 Loma Vista Place, Soledad Place (vacant lot owned by Monterey Peninsula Unified School District (MPUSD), and 150 Mar Vista Drive, Councilmember Haffa left the Council Chamber. Community Development Director Cole provided the Council with context about the sites.

On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following vote, the City Council approved the housing inventory sites disclosed as conflicts by Councilmember Haffa:

AYES: 4 COUNCILMEMBERS: Barber, Garcia, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 1 COUNCILMEMBERS: Haffa
Councilmember Haffa returned to the Chamber. Based on a disclosed conflict on the housing inventory site at 1410 Del Monte Center, Councilmember Smith left the Council Chamber.

Community Development Director Cole provided the Council with context about the site.

On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the housing inventory site disclosed as a conflict by Councilmember Smith:

Council Regular Meeting, 8/6/2024, Item No. 2., Item Page 10, Packet Page 18 City Council Minutes July 16, 2024
11 AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 1 COUNCILMEMBERS: Smith
Councilmember Smith returned to the Chamber.

The Council discussed the matter. It was urged that the Council not “let the perfect get in the way of the possible.” It was acknowledged that numerous details were not perfect, such as subdividing lots and having the State dictate this to the City. It was stated that there was a compelling need for more housing, and that part of why Monterey was put in this position was that for decades cities across the State had not built needed housing. It was acknowledged that water supply remained a barrier that presently impacted the ability to develop in the City.

Regarding comments received from LandWatch about building on Fort Ord, it was stated that it was necessary to view this subject through a more equitable lens, stressing that it did not meet the standard of social equity and justice when people living in low density areas told a city that was already providing the area with density and jobs to discount a small piece of property like the City-owned property on Fort Ord. It was stated that builders would be able to make the numbers work to build housing on Fort Ord. Concern was expressed about the fact that City staff’s time for new programs was limited, and that the Council had already unsuccessfully attempted to develop on Fort Ord. Hesitation was expressed about considering developing on Fort Ord when the City could instead focus on infill and on housing downtown, but it was reiterated that the City was subject to a State mandate.

Regarding the six-story height limit recommendation received from the Planning Commission, some concern was expressed by the Council but it was noted that it if a future project were to be financially feasible and designed appropriately, the height would be acceptable.

Andrew Hill clarified that there was a very specific set of circumstances that would be required for a development to be granted the six stories limit: it would need to be in the Alvarado District and be a qualifying project for the local density bonus program. On question from the Council regarding whether the applicable zone could be reduced in size, Mr. Hill stated that such an action might not address the California Department of Housing & Community Development (HCD)'s concern. Community Development Director Cole stated that staff would craft the local density bonus ordinance to encourage developers to take advantage of the incentive. On question from the Council regarding whether a six-story project could be subject to Council approval, she said that the State wanted the City to be specific in advance about what they wanted from developments.

It was stated by the Council that six stories on certain streets could not be supported.

The Council said that being flexible and adaptable would be important as the City moved forward. It was expressed that solutions were also needed for how to provide housing for homeless individuals. It was stressed that a living wage was needed.

On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 24-118 C.S., as amended to apply the following revisions to the Draft Housing Element:
1) Update maps to reflect that the boundary of the Downtown Opportunity Area is south of Del Monte Avenue,
Council Regular Meeting, 8/6/2024, Item No. 2., Item Page 11, Packet Page 19 City Council Minutes July 16, 2024
12 2) Update Program 1-J (SB9 Housing Ordinance) to incentivize the provision of Very Low Income units, and
3) Update Program 3-C (Local Density Bonus) to provide additional height up to six (6) stories in the Alvarado District downtown to projects that qualify for the local density bonus if they offer a higher share of two (2)- and three (3)-bedroom units:

AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 1 COUNCILMEMBERS: Smith
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
The Council recessed at 10:13 p.m. and reconvened at 10:18 p.m.

PUBLIC APPEARANCE (EVE)

16. 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) Action: Adopted Resolution No. 24-119 C.S. as amended, with a vote of 5-0 on Charter Amendments 1, 2, and 4 (Exhibits A, B and D), and a vote of 3-2 (Haffa and Smith no) on Charter Amendment 3 (Exhibit C)
Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions. It was noted that the Council had received an amended version of the resolution at the dais, which modified the clerical and technical update charter amendment measure (Charter Amendment 1).

Public comment was received from: Bob Bluth, who said that term limits would bring innovation and new faces to the Council, and would be worth also considering for the City's boards, commissions, and committees; Eric Palmer, who said that the 12 year term limit struck a perfect balance of maintaining continuing and providing new opportunities; Shane Strong, who urged the Council to approve the amendment allowing the American Legion Post 41 to continue leasing City property; Anthony Gonzales, who shared support for term limits, citing that they would promote democracy and voter choice, and reduce corruption; Gabriel Sanders, who spoke in favor of term limits, citing diversity of representation, and in favor of giving the Council authority to lease real property to non-profits at below market rents; and Esther Malkin, who echoed support for term limits.

On a motion by Mayor Williamson, seconded by Councilmember Barber, and carried by the following vote, the City Council adopted Resolution No. 24-119 C.S. as amended, with a vote of 5-0 on Charter Amendments 1, 2, and 4 (Exhibits A, B and D):

AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Council Regular Meeting, 8/6/2024, Item No. 2., Item Page 12, Packet Page 20 City Council Minutes July 16, 2024
13 A motion was introduced by Mayor Williamson, and seconded by Councilmember Garcia, to Charter Amendment 3, as amended to remove the two year gap for an allowed return to office and instead limit service to 12 years cumulative total.

The Council discussed the motion.

In opposition to the motion, it was stated that governance was about making difficult decisions and that continuity, history, and perspective in leadership were beneficial. It was stated that Council district seats already presented a big change for which the results were still somewhat unknown, and that adding term limits would add an unnecessary uncertainty that could undermine the quality of the Council. Citing the fact that the City Council was responsible to hire and evaluate the City Manager and City Attorney, it was stated that turnover among the elected officials would create uncertainty in those relationships. It was asserted that terms longer than 12 years had not been an issue. It was stated that term limits would deny the voters the choice of electing someone they believed was the best person to serve, and that voters already had the ability to vote elected officials out. It was stated that evidence did not suggest there was any problem needing to be solved by term limits. Concern was expressed that there would be an issue finding talented candidates who would be willing to go through the work to run for office.

In support of the motion, it was urged that it was the voters who should choose whether to adopt term limits, and that placing the measure on the ballot would give voters that choice.

It was acknowledged that experience mattered but noted that each person had to start somewhere, and that continuity on the dais would continue to exist because elected officials would not all term out at the same time. It was asserted that turnover would not be a concern with a limit of 12 years. It was stated that term limits would help to counteract the difficulties presented by having to run for office against long-time incumbents with corresponding political connections and advantages. It was stated that the concerns regarding talent, experience, and perspective could be seen from both viewpoints, stating that term limits would help create an expectation that there would be space for new viewpoints on the City Council. Concern was expressed about stagnation and elected officials getting too comfortable in their positions. It was urged to remove barriers and let more voices come to the table to share their perspectives.

It was stated that an elected official should do their time on the Council, provide what they can provide in that time period, and then move on and make room for others.

The motion carried by the following vote:

AYES: 3 COUNCILMEMBERS: Barber, Garcia, Williamson
NOES: 2 COUNCILMEMBERS: Haffa, Smith
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)

COUNCIL COMMENTS
Councilmember Smith said he had been impressed with the American Public Transportation Association (APTA) conference in San Jose which he attended as a board member of Monterey-Salinas Transit (MST). He said that MST Executive Director Carl Sedoryk had presented well on two topics.

Councilmember Haffa said he was sorry he had missed the 4th of July parade due to travel for work in Ashland, Oregon. He said that in Ashland, cars were very compliant with stopping for pedestrians at every crosswalk, and asked if City staff could contact staff members in Ashland to discuss their methods.

Council Regular Meeting, 8/6/2024, Item No. 2., Item Page 13, Packet Page 21 City Council Minutes July 16, 2024
14 CITY MANAGER REPORTS
City Manager Uslar shared the time period during which candidate nominations were taking place and where on the City's website to find the public list of people who pull papers for Mayor and Council.

ADJOURNMENT
The Council adjourned at 11:09 p.m. with a moment of silence in memory of Rosine Louise Costanza Culcasi and Donald B. Reed.

Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor
Council Regular Meeting, 8/6/2024, Item No. 2., Item Page 14, Packet Page 22 Council
Agenda Report
FROM: Andrea Renny, Public Works Director
Prepared By: Andrew Easterling, City Engineer
SUBJECT: Awarding Electrical Contractor Job Order Contracts 2024 for City Projects in the Amount of $1,000,000 to Bear Electrical Solutions, Inc., and $1,000,000 to Collins Electrical Company, Inc. (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP***
RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Approving the specifications for the Electrical Contractor Job Order Contract 2024 for City Projects (“Project”) which are available in the office of the City Engineer (Room 7), and granting the Public Works Director, or their designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Accepting all responsive, responsible bids;

3. Awarding a Construction Contract for the Grand Total Bid to the lowest responsive, responsible bidders: Bear Electrical Solutions, Inc., with a term of one year with the option to renew for two additional one-year terms, and with a not to exceed annual funding limit of $1,000,000; and Collins Electrical Company, Inc. with a term of one year with the option to renew for two additional one-year terms, and with a not to exceed annual funding limit of $1,000,000;

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

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

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

This action is consistent with the City Council’s Value Drivers and Strategic Priorities of Quality of Life – “Recognize that public safety is a priority to ensure that our City is safe and welcoming to all, contributing to our economic vitality as a destination City;” Fiscal Stewardship – “Prioritize Date: 8/6/2024
Item No.: 3.

Council Regular Meeting, 8/6/2024, Item No. 3., Item Page 1, Packet Page 23 №10/24
funding models and sources for facility rehabilitation, repair, and replacement” and “Identify and seek grant funding opportunities for City services and infrastructure, including parks, recreation, library, museums, public safety, fire prevention, and planning.” This action is in accordance with Chapter 28-Purchasing of the City Code, which requires Public Works project contract awards exceeding $150,000 to be approved by City Council.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

Two (2) bids were received and opened by the Finance Director’s designee on May 14, 2024 as follows:

Bidder Total Bid
Bear Electrical Solutions, Inc. $80,000.00
Collins Electrical Company, Inc. $95,887.80
The Grand Total Bid, as shown on the attached Bid Tabulation, represents the total costs of representative work items typical of infrastructure projects, quantified for bidding purposes only, and does not encompass all the work that may be completed under the contract. Total award amount for the contract is (not to exceed) $1,000,000 annually. There is no minimum dollar value of work guaranteed under this on-call contract, and the assignment of work orders is at the sole discretion of the City.

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

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project involves a job order contract that will provide the City with a readily available work force for repairs to existing facilities, improvements to electrical infrastructure, and emergency repairs as the City deems appropriate. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

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

Council Regular Meeting, 8/6/2024, Item No. 3., Item Page 2, Packet Page 24 №10/24
Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. There would be no cumulative impact because the project involves repairs to existing facilities, improvements to electrical infrastructure, and emergency repairs.

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

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

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

Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The project would consist of building maintenance and would not impact historic resources. The project would not involve digging; therefore, the project would not have an impact on historical or archeological resources.

ALTERNATIVES CONSIDERED:

The City Council could choose to reject the bid received and not award this job order contract and direct staff to advertise for bids for each construction project individually. However, job order contracts have been proven to be an effective tool to construct routine City projects in a timely, efficient manner. Job order contracts also give the City the capability to perform emergency repairs on short notice. Non-routine infrastructure projects will continue to be bid via the formal and informal bidding process as per the City’s purchasing guidelines.

DISCUSSION:

The City of Monterey’s Public Works Department utilizes four methods to construct or repair building structures: Formal Bidding, Informal Bidding, Job Order Contracting (JOC), and inhouse construction performed by City staff. The JOC program is an effective option for completing on-call work orders in a timely manner using a JOC master rate schedule awarded through a single competitive bid process rather than soliciting individual bids for each project.

For smaller projects, this program can be more efficient and cost-effective than formal/informal bids.

The publicly advertised Call for Bids contained a bid schedule listing hourly rates for a variety of trade classifications typically utilized with electrical jobs (i.e., Electrician, Communication and System Technician, Wireman Technician, Cable Splicer, Telecommunication Worker, Laborer, etc.). These hourly rates cover repairs, replacements, upgrades, and construction of electrical Council Regular Meeting, 8/6/2024, Item No. 3., Item Page 3, Packet Page 25 №10/24
and telecommunication systems such as lighting systems, cameras, fiber optic networks, bike counters, pay stations, and other improvements.

The criterion for determining the lowest bidder is based on the Total Base Bid Schedule A, which establishes hourly rates for various trade classifications, plus the Total Base Bid Schedule B, which establishes markup factors to be applied to general conditions, and contractor’s fees.

Since this contract is based on hourly wage rates and not a specific project, an Engineer’s Estimate was not prepared for comparison. However, the hourly rates submitted by the bidders are comparable and competitive with Job Order Contract prices, adjusted for inflation, from previous years.

This contract shall remain in effect for all written job orders issued by the City during a one-year period beginning with the effective date of the Notice to Proceed or until the exhaustion of the annual contract limit of $1,000,000, whichever occurs first. With successful performance, these contract(s) may be extended up to two (2) additional one-year terms. These contracts do not give the Contractor(s) exclusive rights to perform any work for the City. Certain projects may be performed by City crews or be issued for bid proposals concurrent to the term of this contract, even if such contracts include this same type of work.

Bear Electrical Solutions, Inc. has successfully performed on-call traffic signal maintenance services and completed many individual projects for the City, and Staff is confident in their ability to perform work successfully. Similarly, Collins Electrical Company, Inc. has successfully completed City projects and projects in the tri-county area.

AE/pl
Attachments: 1. Resolution #1 – Award Contract to Bear Electrical Solution, Inc.

2. Resolution #2 – Award Contract to Collins Electrical Company, Inc.

3. Bid Tabulation
e: Bear Electrical Solutions, Inc.; Collins Electrical Company, Inc.

Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 8/6/2024, Item No. 3., Item Page 4, Packet Page 26 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№011/24
AWARDING AN ELECTRICAL JOB ORDER CONTRACT 2024 FOR CITY PROJECTS IN THE AMOUNT OF $1,000,000 TO BEAR ELECTRICAL SOLUTION, INC. ***CIP*** WHEREAS, on the 14th day of May 2024, at 2:00 p.m., the City of Monterey Finance Director’s designee received two (2) electronic bids through the City’s e-Procurement Portal, OpenGov Procurement, for the Electrical Contractor Job Order Contract 2024 for City Projects (“Project”);
WHEREAS, this contract is effective starting this year (2024) and shall remain in effect during a twelve month period beginning with the effective date of the Notice to Proceed or until the exhaustion of the contract limit, whichever occurs first; WHEREAS, with successful performance, this contract may be extended up to two additional 12-month periods with the same annual contract limit; WHEREAS, job order contracts have been proven to be an effective tool to construct routine projects in a timely, efficient manner, and give the City the capability to construct urgent projects and perform emergency repairs on short notice; WHEREAS, Bear Electrical Solutions, Inc., and Collins Electrical Company, Inc., submitted responsive, responsible bids for the Project; WHEREAS, the basis of award for the project was the Grand Total Base Bid; WHEREAS, Bear Electrical Solutions, Inc., with their grand total bid of $80,000.00 submitted the lowest responsive, responsible bid; the grand total bid represents the total costs of representative work items typical of infrastructure projects, quantified for bidding purposes only and does not encompass all the work that may be completed under the contract; and WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project involves a job order contract that will provide the City with a readily available work force for repairs to existing facilities, improvements to electrical infrastructure, and emergency repairs as the City deems appropriate. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Council Regular Meeting, 8/6/2024, Item No. 3., Item Page 5, Packet Page 27 Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. There would be no cumulative impact because the project involves repairs to existing facilities, improvements to electrical infrastructure, and emergency repairs.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

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

1. Approves the specifications for the Electrical Contractor Job Order Contract 2024 for City Projects (“Project”) which are available in the office of the City Engineer (Room 7), and granting the Public Works Director, or their designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Accepts all responsive, responsible bids;

3. Awards a Construction Contract for the Grand Total Bid to Bear Electrical Solutions, Inc., with a term of one year with the option to renew for two additional one-year terms, and with a not to exceed annual funding limit of $1,000,000; and

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

Council Regular Meeting, 8/6/2024, Item No. 3., Item Page 6, Packet Page 28 PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/6/2024, Item No. 3., Item Page 7, Packet Page 29 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№011/24
AWARDING AN ELECTRICAL JOB ORDER CONTRACT 2024 FOR CITY PROJECTS IN THE AMOUNT OF $1,000,000 TO COLLINS ELECTRICAL COMPANY, INC. ***CIP*** WHEREAS, on the 14th day of May 2024, at 2:00 p.m., the City of Monterey Finance Director’s designee received two (2) electronic bids through the City’s e-Procurement Portal, OpenGov Procurement, for the Electrical Contractor Job Order Contract 2024 for City Projects (“Project”);
WHEREAS, this contract is effective starting this year (2024) and shall remain in effect during a twelve month period beginning with the effective date of the Notice to Proceed or until the exhaustion of the contract limit, whichever occurs first; WHEREAS, with successful performance, this contract may be extended up to two additional 12-month periods with the same annual contract limit; WHEREAS, job order contracts have been proven to be an effective tool to construct routine projects in a timely, efficient manner, and give the City the capability to construct urgent projects and perform emergency repairs on short notice; WHEREAS, Bear Electrical Solutions, Inc., and Collins Electrical Company, Inc., submitted responsive, responsible bids for the Project; WHEREAS, the basis of award for the project was the Grand Total Base Bid; WHEREAS, Collins Electrical Company, Inc., with their grand total bid of $95,887.80 submitted the second lowest responsive, responsible bid; the grand total bid represents the total costs of representative work items typical of infrastructure projects, quantified for bidding purposes only and does not encompass all the work that may be completed under the contract; and WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project involves a job order contract that will provide the City with a readily available work force for repairs to existing facilities, improvements to electrical infrastructure, and emergency repairs as the City deems appropriate. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Council Regular Meeting, 8/6/2024, Item No. 3., Item Page 8, Packet Page 30 Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. There would be no cumulative impact because the project involves repairs to existing facilities, improvements to electrical infrastructure, and emergency repairs.

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

2. Accepts all responsive, responsible bids;

3. Awards a Construction Contract for the Grand Total Bid to Collins Electrical Company, Inc., with a term of one year with the option to renew for two additional one-year terms, and with a not-to-exceed annual funding limit of $1,000,000; and

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

Council Regular Meeting, 8/6/2024, Item No. 3., Item Page 9, Packet Page 31 PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/6/2024, Item No. 3., Item Page 10, Packet Page 32 City of Monterey
Finance Department
Rafaela King, Finance Director
580 Pacific Street, Monterey, CA 93940

EVALUATION TABULATION
General Solicitation - ELECTRICAL CONTRACTOR JOB ORDER CONTRACT 2024 FOR CITY PROJECTS

Page 1 ends

EVALUATION TABULATION
GEN No. TBD
ELECTRICAL CONTRACTOR JOB ORDER CONTRACT 2024 FOR CITY PROJECTS RESPONSE DEADLINE: May 14, 2024 at 2:00 pm
Tuesday, May 14, 2024

SELECTED VENDOR TOTALS
Vendor Total
Bear Electrical Solutions,
Inc.
$80,000.00
Collins Electrical
Company, Inc.
$95,887.80

BASE BID SCHEDULE A
Vendor Total
Bear Electrical Solutions,
Inc.
$80,000.00
Collins Electrical
Company, Inc.
$95,887.80

BASE BID SCHEDULE B
Informational table contains no pricing
ATTACHMENT 3
Council Regular Meeting, 8/6/2024, Item No. 3., Item Page 11, Packet Page 33 Council
Agenda Report
№08/22
FROM: Andrea Renny, Public Works Director
Prepared By: Andrew Easterling, City Engineer
SUBJECT: Award a Construction Contract in the Amount of $813,869.50 to TYMAN Construction, Inc. for the Municipal Wharf 2 Deck Repairs Phase 2 and Ratify Emergency Suspension of Bidding Requirements (Mitigated Negative Declaration adopted by City Council January 21, 2020, Resolution 20-009) RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Approving the plans and specifications for the Municipal Wharf 2 Deck Repairs Phase 2 (CIP2415), which are available in the office of the City Engineer (Room 7), and granting the Public Works Director, or their designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Ratifying the emergency suspension of bidding requirements pursuant to Monterey City Code section 28-14(c)(3);

3. Awarding a construction contract to TYMAN Construction, Inc. in the amount of $813,869.50 for Municipal Wharf 2 Deck Repairs Phase 2;

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

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

VALUE DRIVERS:

POLICY IMPLICATIONS:

This action is consistent with Monterey City Code section 28-14(c)(3), which provides for an exception to competitive bidding requirements when an essential operation or City service affecting the public health, welfare or safety would be greatly hampered if adherence to the prescribed procedures would cause undue delay in procurement of the needed item or service.

The Finance Department and City Manager’s Office approved the emergency suspension of normal bidding requirements for this project.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: Yes Date: 8/6/2024
Item No.: 4.

Council Regular Meeting, 8/6/2024, Item No. 4., Item Page 1, Packet Page 34 FISCAL IMPLICATIONS:

Sufficient funding is available to complete the project.

Total Project Construction Estimate:

Contract Amount $813,869.50
Construction Contingency, 15% $122,080.43
Total Project Construction Estimate (This Authorization) $935,949.93 Construction Management (City Staff & Indirect Cost) $46,797.50 Estimated Cost to Complete the Project $982,747.42
Available Funding Sources:

CIP2415 (7/12/24) $2,135,970.73
ENVIRONMENTAL DETERMINATION:

A Mitigated Negative Declaration for Monterey Municipal Wharves I and II Structural Maintenance Program was adopted by the Monterey City Council on January 21, 2020 (Resolution No. 20-009 C.S.). A Notice of Intent to Adopt a Mitigated Negative Declaration was posted according to the California Environmental Quality Act (CEQA) Section 15072; a Draft Initial Study and Mitigated Negative Declaration (IS/MND) circulated for public review for the required 30-day public review period, from April 24, 2019 to May 27, 2019 (CEQA Section 15073), during which all related documents were made available at the Monterey City Hall Planning Office and on the City's website (State Clearinghouse Number 2019049147). The IS/MND identifies that the project could result in potentially significant environmental impacts associated with biological resources, cultural resources, hydrology and water quality, noise, and tribal cultural resources; mitigation measures have been required that will reduce the potential impacts to a less-than-significant level. No comment letters were received during the public review period, but two comment letters were received after its conclusions: 1. California Coastal Commission on June 14, 2019, and 2. California Department of Fish and Wildlife on July 5, 2019. The letters provided comments regarding public access, duration and time of construction activities, sensitive biological resources, and water quality, to which response letters were provided.

ALTERNATIVES CONSIDERED:

No alternatives are recommended.

DISCUSSION:

On the night of August 30, 2023, a localized failure (hole) of the decking on Wharf 2 was identified. The Harbor Division and Streets Division staff immediately mitigated the situation utilizing a steel plate to span over the hole to good conditioned sub-structural members (known as stringers). The asphalt area surrounding the point of failure was in poor condition and steel plates had previously been placed in the vicinity. The localized failure and generally poor condition of the asphalt indicate that the asphalt surface is no longer protecting the timber deck from moisture. However, the top of the deck cannot be visually inspected until the top asphalt Council Regular Meeting, 8/6/2024, Item No. 4., Item Page 2, Packet Page 35 layer is removed, and visual inspection from under the wharf only reveals the bottom of the deck. The actual conditions of the timber deck are unknown and can only be verified after the asphalt top layer is removed. The scope and limits of the project may change during construction once staff can visually inspect the timber deck and assess the extent of repairs necessary.

Staff worked to expedite immediate repairs of Wharf 2 where areas of the asphalt had failed and could be visibly identified. Plans and Specifications were compiled, and pre-construction authorization for the work was received from the jurisdictional agencies in September 2023.

Phase I of the Municipal Wharf 2 Deck Repair Project was competitively bid, with bids received on February 6, 2024. TYMAN Construction, Inc. was the low bidder with a total bid proposal of $494,500.00 and The Don Chapin Company, Inc. was the only other bidder with a total bid proposal of $751,750.00. The project was awarded and was successfully completed by TYMAN Construction, Inc. in June 2024.

While the first phase of the project was underway, the City conducted a structural assessment of Wharf 2. The City’s consultant, COWI North America, completed the assessment which identified additional areas of the deck requiring immediate, critical repairs. The assessment report acknowledges that the defects pose an immediate threat to the safety of the public and the Wharf 2 structure, and states that “repairs should be performed as soon as possible.” Based upon this analysis, the Finance Department and City Manager’s Office approved the emergency suspension of normal bidding requirements for this project due to the critical and urgent nature of these repairs. TYMAN Construction, Inc. submitted a cost proposal for the second phase with a cost of $813,869.50. Staff requested a second proposal from Chapin Company, Inc. and they declined to submit a cost proposal.

If approved, a contract with TYMAN will be executed, and the contractor will place an order for treated wood material for the project, which has an estimated lead time of ten weeks.

Construction may not begin until all of the material is available and at this time is estimated to be in winter 2024. The construction duration is expected to be at least six weeks. The wharf will remain open while under construction, but traffic may be reduced to one lane two-way traffic control during construction.

AE/pl
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, 8/6/2024, Item No. 4., Item Page 3, Packet Page 36 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№010/23
AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $813,869.50 TO TYMAN CONSTRUCTION, INC. FOR THE MUNICIPAL WHARF 2 DECK REPAIRS PHASE 2 AND

RATIFYING EMERGENCY SUSPENSION OF BIDDING REQUIREMENTS
WHEREAS, the City received an assessment of Municipal Wharf 2, which identified areas of the deck requiring immediate safety repairs;
WHEREAS, The Finance Department and City Manager’s Office approved the emergency contract suspension of normal bidding requirements for this project; WHEREAS, TYMAN Construction, Inc. recently successfully completed the first phase of the Municipal Wharf 2 Deck Repairs;
WHEREAS, TYMAN Construction, Inc. submitted a cost proposal for a second phase of critical structural repairs to Wharf 2 totaling $813,869.50; WHEREAS, sufficient funds are available in account CIP2415 to complete the project; and
WHEREAS, a Mitigated Negative Declaration Monterey Municipal Wharves I and II Structural Maintenance Program was adopted by the Monterey City Council on January 21, 2020 (Resolution No. 20-009 C.S.). A Notice of Intent to Adopt a Mitigated Negative Declaration was posted according to the California Environmental Quality Act (CEQA) Section 15072; a Draft Initial Study and Mitigated Negative Declaration (IS/MND) circulated for public review for the required 30-day public review period, from April 24, 2019 to May 27, 2019 (CEQA Section 15073), during which all related documents were made available at the Monterey City Hall Planning Office and on the City's website (State Clearinghouse Number 2019049147). The IS/MND identifies that the project could result in potentially significant environmental impacts associated with biological resources, cultural resources, hydrology and water quality, noise, and tribal cultural resources; mitigation measures have been required that will reduce the potential impacts to a less-than-significant level. No comment letters were received during the public review period, but two comment letters were received after its conclusions: 1. California Coastal Commission on June 14, 2019, and 2. California Department of Fish and Wildlife on July 5, 2019. The letters provided comments regarding public access, duration and time of construction activities, sensitive biological resources, and water quality, to which response letters were provided.

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

Council Regular Meeting, 8/6/2024, Item No. 4., Item Page 4, Packet Page 37 2 1. Approves the plans and specifications for the Municipal Wharf 2 Deck Repairs Phase 2 (CIP2415), and granting the Public Works Director, or their designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Ratifies the emergency suspension of bidding requirements pursuant to Monterey City Code section 28-14(c)(3);

3. Awards a construction contract to TYMAN Construction, Inc., in the amount of $813,869.50;

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

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

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/6/2024, Item No. 4., Item Page 5, Packet Page 38 Council
Agenda Report
FROM: David J. Hober, Chief of Police
Prepared By: Karen Faurot, Senior Administrative Analyst SUBJECT: Authorize the City Manager and Chief of Police to Enter into the 2024 Equitable Sharing Agreement with the U.S. Department of Justice and U.S. Department of the Treasury to Participate in the Equitable Sharing Asset Forfeiture Program (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

It is recommended that City Council authorize the City Manager and the Chief of Police to enter into the 2024 Equitable Sharing Agreement with the Department of Justice and Department of the Treasury to participate in the Equitable Sharing Asset Forfeiture Program.

VALUE DRIVERS:

Recognize that public safety is a priority to ensure that our City is safe and welcoming to all, contributing to our economic vitality as a destination City.

Recognize that City government’s role is to provide core services to the public, and partnerships with nonprofit, military, business, and other government agencies can be an effective means of supporting the public good.

POLICY IMPLICATIONS:

This action is consistent with Monterey’s current policy as it relates to interagency cooperation.

City Council authorization is required before the City Manager and Chief of Police can enter into this agreement on behalf of the City.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: Yes.

FISCAL IMPLICATIONS:

The fiscal implications will vary depending on the number of federal criminal investigations in Monterey’s jurisdiction and the Monterey Police Department’s (MPD) level of participation.

The MPD received $21,580.65 in FY24 on behalf of the Peninsula Regional Violence and Narcotics Team (PRVNT) for the team’s assistance in a 2019 Drug Enforcement Agency (DEA) operation.

Date: 8/6/2024
Item No.: 5.

Council Regular Meeting, 8/6/2024, Item No. 5., Item Page 1, Packet Page 39 №10/24
ENVIRONMENTAL DETERMINATION:

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

ALTERNATIVES CONSIDERED:

City Council could decide not to participate in the Equitable Sharing Program for Asset Forfeiture.

DISCUSSION:

The Crime Control Act of 1984 authorized federal officials to implement a national asset forfeiture program. Federal law authorizes the Attorney General to share federally forfeited property with participating state and local law enforcement agencies according to the degree of direct participation in the law enforcement effort that resulted in the forfeiture. These joint criminal investigations may originate from participation on a federal task force or from local investigations that are developed into federal cases.

In 2019, the Peninsula Regional Violence and Narcotics Team assisted the Federal Bureau of Investigation (FBI) and the DEA with a drug trafficking investigation in Monterey County. The operation resulted in an asset forfeiture totaling $35,700.00. These asset forfeiture funds were divided among participating agencies based on the number of workhours expended in the seizure of the asset. PRVNT’s share of the forfeiture, $21,580.65, was received in fiscal year 2024 by the Monterey Police Department into a designated revenue account pending disbursement to the PRVNT agencies.

These asset forfeiture monies provide a valuable resource to the City that may not have otherwise been available and may only be used for law enforcement purposes. In order to receive its share of assets, an annual agreement must be signed by the Chief of Police and City Manager and submitted to both the U.S. Department of Justice and the U.S. Department of the Treasury. This agreement certifies that any funds received are subject to standard accounting requirements and practices, are in accordance with federal regulations, and that fund spending follows U.S. Department of Justice and U.S. Department of Treasury guidelines.

Staff requests City Council authorize the City Manager and Chief of Police to enter into an Equitable Sharing Agreement with the U.S. Department of Justice and the U.S. Department of the Treasury to participate in the Federal Equitable Sharing Asset Forfeiture Program.

Council Regular Meeting, 8/6/2024, Item No. 5., Item Page 2, Packet Page 40 №10/24
DJH/kf
Attachments: 1. Resolution
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 8/6/2024, Item No. 5., Item Page 3, Packet Page 41 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№011/24
AUTHORIZING THE CITY MANAGER AND CHIEF OF POLICE TO ENTER INTO THE 2024 EQUITABLE SHARING AGREEMENT WITH THE U.S. DEPARTMENT OF JUSTICE AND U.S. DEPARTMENT OF THE TREASURY TO PARTICIPATE IN THE EQUITABLE SHARING

ASSET FORFEITURE PROGRAM
WHEREAS, the City of Monterey is required to sign an annual agreement with the U.S.

Department of Justice and the U.S. Department of the Treasury in order to receive its share of asset forfeiture funds;
WHEREAS, the Crime Control Act of 1984 authorized federal officials to implement a national asset forfeiture program that authorizes the Attorney General to share federally forfeited property with participating state and local law enforcement agencies according to the degree of direct participation in the law enforcement effort that resulted in the forfeiture. The joint criminal investigations may originate from participation on a federal task force or from local investigations that are developed into federal cases;
WHEREAS, the asset forfeiture monies provide a valuable resource to the City that may not have otherwise been available and may only be used for law enforcement purposes; and WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) CCR, Title 14, Chapter 3 (“CEQA Guidelines”) Article 20, Section 15378. In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

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

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby authorizes the City Manager and the Chief of Police to enter into an agreement with the U.S. Department of Justice and the U.S. Department of the Treasury to participate in the Equitable Sharing Asset Forfeiture Program.

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

Council Regular Meeting, 8/6/2024, Item No. 5., Item Page 4, Packet Page 42 AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/6/2024, Item No. 5., Item Page 5, Packet Page 43 Council
Agenda Report
FROM: Brette Neal, Human Resources Director
Prepared By: Gina Russo, Assistant Human Resources Director SUBJECT: Adopting a Resolution Approving the Memorandum of Understanding between the City of Monterey and the Monterey Police Association (MPA) for the period of July 1, 2024, through June 30, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECOMMENDATION:

It is recommended that the City Council adopt a resolution approving the Memorandum of Understanding (MOU) between the City of Monterey and the Monterey Police Association (MPA) for the period of July 1, 2024, through June 30, 2027.

VALUE DRIVERS:

Provide sufficient resources and support to develop, retain, and recruit a high-quality city workforce.

POLICY IMPLICATIONS:

The Meyers-Milias-Brown Act (MMBA) of 1968 established collective bargaining for California’s municipal, county and local special district employers and employees. Under MMBA, the governing body of a public agency is required to meet and confer over wages, hours, and other terms and conditions of employment. Approval of an agreement concluding labor negotiations with represented employees in a closed session must be reported after the agreement is final and has been accepted or ratified by the other party. (Government Code sections 54957.1(a)(6) and 3505.1.) Once the City Council votes to accept the MOU, it becomes a binding agreement.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

The increase in cost over the 2023-24 base fiscal year is:
 For FY 24-25 is $357,352
 For FY 25-26 is $371,646
 For FY 26-27 is $386,512
These costs are exclusive of the Master Police Officer pay incentive of 5% as the individuals that would qualify have yet to be determined. The cost for FY 24-25 has been included in the budget adopted at the June 4, 2024 council meeting. Amounts for subsequent fiscal years will be included in the corresponding budget years.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 1, Packet Page 44 №10/24
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:

No alternatives to reaching a successor agreement were considered. The Monterey Police Association (MPA) members and City of Monterey staff contributed to the development of the MOU as presented.

DISCUSSION:

As a result of meeting and conferring in good faith, the City of Monterey and the Monterey Police Association (MPA) reached an agreement on a successor MOU. This agreement was ratified by the City Council in closed session on June 18, 2024, and ratified by MPA on June 22, 2024. The terms and conditions of the MOU are now submitted for final approval and include the following:
 Three-year term: July 1, 2024 to June 30, 2027
 Effective July 1, 2024, salary schedules increase as follows:
o Police Officer 0.50%
o Police Sergeant 0.50%
 4% salary increase for all members effective July 1, 2024  4% salary increase for all members effective July 1, 2025  4% salary increase for all members effective July 1, 2026  Deferred Compensation match increases to $150 per month  Master Police Officer pay incentive of 5%
 Health Insurance remains status quo
BN/gr
Attachments: 1. Resolution

2. Exhibit A – MPA MOU 7/1/24 – 6/30/27
e: Christine Davi, City Attorney
Rafaela King, Finance Director
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 2, Packet Page 45 RESOLUTION NO. __-___ C.S.

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

APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

MONTEREY AND THE MONTEREY POLICE ASSOCIATION (MPA) FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2027
WHEREAS, the City of Monterey negotiated a new Memorandum of Understanding with the Monterey Police Association (MPA):

WHEREAS, the terms of the Memorandum of Understanding with the Monterey Police Association (MPA) are attached and include the following:
 Three-year term: July 1, 2024 to June 30, 2027
 Effective July 1, 2024, and as soon as administratively possible, the pay rates for identified classifications shall be increased as follows:
o Police Officer 0.50%
o Police Sergeant 0.50%
 After the market adjustments identified above, effective July 1, 2024, and as soon as administratively possible, the pay rates for all MPA employees shall be increased by four percent (4.0%).
 4% salary increase for all members effective July 1, 2025  4% salary increase for all members effective July 1, 2026  Deferred Compensation match increases to $150 per month  Master Police Officer pay incentive of 5%
 Health Insurance remains status quo
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, 8/6/2024, Item No. 6., Item Page 3, Packet Page 46

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the City Manager is hereby authorized to sign the Memorandum of Understanding (Exhibit A).

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 4, Packet Page 47 MPA MOU July 1, 2024 – June 30, 2027 Page 1 of 28

EXHIBIT A

MEMORANDUM OF UNDERSTANDING
between the

CITY OF MONTEREY
and the

MONTEREY POLICE ASSOCIATION (MPA)
July 1, 2024 through June 30, 2027
Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 5, Packet Page 48 MPA MOU July 1, 2024 – June 30, 2027 Page 2 of 28
Table of Contents
SECTION 1 - IMPLEMENTATION..............................................................................................................4 SECTION 2 - TERM OF AGREEMENT......................................................................................................4 SECTION 3 - SALARY ADJUSTMENTS ...................................................................................................4 SECTION 4 - RETENTION PAY ................................................................................................................5 SECTION 5 - LONGEVITY PAY.................................................................................................................5 SECTION 6 - MERIT SALARY STEPS......................................................................................................6 SECTION 7 - INSURANCE COVERAGES ................................................................................................6 SECTION 8 - PUBLIC EMPLOYEES RETIREMENT SYSTEM................................................................9 SECTION 9 - RETIREMENT HEALTH SAVINGS PLAN.........................................................................10 SECTION 10 - DEFERRED COMPENSATION - MATCH PROGRAM....................................................10 SECTION 11 - UNIFORM ALLOWANCE.................................................................................................10 SECTION 12 - CALL BACK COMPENSATION.......................................................................................11 SECTION 13 - SPECIAL ASSIGNMENT DIFFERENTIAL PAY..............................................................12 SECTION 14 - MASTER POLICE OFFICER...........................................................................................14 SECTION 15 - SHIFT DIFFERENTIAL PAY ...........................................................................................15 SECTION 16 - BILINGUAL PAY..............................................................................................................15 SECTION 17 - POST ADVANCED CERTIFICATE PAY..........................................................................15 SECTION 18 - STAND-BY COMPENSATION .........................................................................................15 SECTION 19 - COURT TIME COMPENSATION .....................................................................................16 SECTION 20 - OVERTIME, COMPENSATORY TIME OFF, HOLIDAY TIME, AND SPECIAL SERVICES MINIMUMS....................................................................................................16 SECTION 21 - TRAINING TRAVEL TIME ...............................................................................................17 SECTION 22 - EDUCATION INCENTIVE PLANS...................................................................................17 SECTION 23 - TUITION REIMBURSEMENT...........................................................................................18 SECTION 24 - VACATION AND SICK LEAVE........................................................................................18 SECTION 25 - SICK LEAVE/INDUSTRIAL DISABILITY RETIREMENT................................................19 SECTION 26 - SICK LEAVE PAYOUT ....................................................................................................19 SECTION 27 - SICK LEAVE USED AS PERSONAL LEAVE .................................................................19 SECTION 28 - MATERNITY AND PARENTAL LEAVE...........................................................................19 SECTION 29 - VOLUNTARY UNPAID LEAVE TIME..............................................................................19 SECTION 30 - HOLIDAY SCHEDULE.....................................................................................................20 SECTION 31 - DEFINITION OF 4/10 PLAN AND UTILIZATION.............................................................20 SECTION 32 - CHANGE OF SHIFT ASSIGNMENT................................................................................23 SECTION 33 - NO SMOKING POLICY....................................................................................................23 SECTION 34 - PREPAID LEGAL SERVICES .........................................................................................23 Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 6, Packet Page 49 MPA MOU July 1, 2024 – June 30, 2027 Page 3 of 28
SECTION 35 - FITNESS ACTIVTY PLAN................................................................................................23 SECTION 36 - WELLNESS PROGRAM ..................................................................................................24 SECTION 37 - DONNING AND DOFFING...............................................................................................25 SECTION 38 - EMPLOYEE AND ORGANIZATIONAL RIGHTS.............................................................25 SECTION 39 - CITY RIGHTS...................................................................................................................26 SECTION 40 - PROVISIONS OF LAW ....................................................................................................26 SECTION 41 - FULL UNDERSTANDING, MODIFICATION AND WAIVER............................................26 Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 7, Packet Page 50 MPA MOU July 1, 2024 – June 30, 2027 Page 4 of 28

MEMORANDUM OF UNDERSTANDING
between the

CITY OF MONTEREY
and the

MONTEREY POLICE ASSOCIATION
July 1, 2024 through June 30, 2027
This Memorandum of Understanding (“MOU” or “Agreement”) is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500-3510) and the Employee Relations Regulations of the City of Monterey (City Code Section 25-16) and is made by and between the City of Monterey ("City"), and the Monterey Police Association ("Association"). The City and the Association recognize all members of the Monterey Police Department in the rank of Police Officer and Police Sergeant, herein referred to as "employee(s)," are governed by this Agreement.

SECTION 1 - IMPLEMENTATION
It is agreed that this MOU shall not be binding upon the parties either in whole or in part unless and until ratified by the Association's membership, and unless and until the City Council acts, by a four-fifths (4/5) vote, to approve this MOU; appropriates the necessary funds required to implement the provisions of this MOU at required funding; and takes any other required action.

SECTION 2 - TERM OF AGREEMENT

2.1. This Agreement shall be effective on July 1, 2024, and shall terminate at 12:00 midnight on June 30, 2027.

2.2. In the event either party desires to negotiate a successor agreement, such party shall notify the other party.

2.3. Negotiations shall begin no later than 30 days from the timely receipt by one party of the other party's notice for an initial meeting, unless the parties mutually agree to start negotiations at a later date.

SECTION 3 - SALARY ADJUSTMENTS
During the term of this Agreement, the following salary increases shall be made to employees in accordance with the procedures established by the Finance Director.

3.1. For 2024-2025 fiscal year:

3.1.1. Market Adjustment: Effective either July 1, 2024, and as soon as Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 8, Packet Page 51 MPA MOU July 1, 2024 – June 30, 2027 Page 5 of 28
administratively possible, the pay rates for classifications in MPA shall be increased by one-half percent (0.5%).

3.1.2. After the market adjustments identified above, effective July 1, 2024, and as soon as administratively possible, the pay rates for employees shall be increased by four percent (4.0%).

3.2. For 2025-2026 fiscal year:

3.2.1. Effective July 1, 2025, and as soon as administratively possible, the pay rates for employees shall be increased by four percent (4.0%).

3.3. For 2026-2027 fiscal year:

3.3.1. Effective July 1, 2026, and as soon as administratively possible, the pay rates for employees shall be increased by four percent (4.0%).

SECTION 4 - RETENTION PAY

4.1. Due to challenges faced within the regional police labor market and throughout the state, and to maintain retention and support recruitment efforts, effective July 1, 2023, members that have reached step 5 of either the Officer or Sergeant Classification for three years (3) are eligible to receive a retention stipend of two hundred and seventy-five dollars ($275.00) per month.

4.2. Unit members that have reached step 5 of either the Officer or Sergeant Classification for six years (6) are eligible to receive an additional retention stipend of two hundred and seventy-five dollars ($275.00) per month, (total of $550.00 per month).

SECTION 5 - LONGEVITY PAY

5.1. Employees hired on or after June 6, 2017 shall not be eligible for Longevity Pay.

5.2. Employees will receive longevity pay the first full pay period following the anniversary date that meets the required years of continuous full-time service as follows:

5.2.1. Employees hired before June 6, 2017 with at least twenty (20) years of continuous full-time City of Monterey service or more, will receive a five percent (5.0%) pay increase, calculated from the base pay set forth in the adopted salary schedule.

5.2.2. Employees hired before June 6, 2017 with at least twenty-five (25) years of continuous full-time City of Monterey service or more, will receive a five percent (5.0%) pay increase for a total amount of longevity pay equal to ten percent (10.0%), calculated from the base pay set forth in the adopted salary schedule.

5.2.3. Employees hired before June 6, 2017 with at least thirty (30) years of continuous full-time City of Monterey service or more, will receive a five percent (5.0%) pay increase for a total amount of longevity pay equal to Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 9, Packet Page 52 MPA MOU July 1, 2024 – June 30, 2027 Page 6 of 28
fifteen percent (15.0%), calculated from the base pay set forth in the adopted salary schedule.

5.3. Employees receiving stacked longevity pay in effect at the time of ratification will continue receiving such compounded ten percent (10.0%) and fifteen percent (15.0%) pay. For example, an employee currently receiving longevity for twentyfive (25) years will continue to receive 10.25% and those currently receiving longevity for thirty (30) years will continue to receive 15.763%. If an employee becomes eligible for longevity pay following ratification of this MOU, or additional longevity pay, the flat rates of five percent (5.0%), ten percent (10.0%), and fifteen percent (15.0%) as described above will apply.

SECTION 6 - MERIT SALARY STEPS
There shall be a one (1)-year performance review period between each step of the salary range, with step advancements in accordance with the Personnel Rules and Regulations in Section 25-5 of the Monterey City Code.

SECTION 7 - INSURANCE COVERAGES
The City will make available a Flexible Benefits Plan (Cafeteria Plan) to eligible employees. The following is a brief summary of insurance benefits available as a part of the Flexible Benefits Plan. To the extent that the insurance programs detailed below continue to be available, the City will continue to offer these programs. Employees should refer to the plan documents for a complete description of benefits, coverage and limitations.

Changes may be required from time to time to maintain the integrity of this flexible benefits plan as a lawful IRS Section 125 plan. The City and the Association agree that the City shall have the discretion to make such changes to ensure this plan is eligible for favorable treatment under the Internal Revenue Code. The City may add or remove benefit options to or from this plan during the term of this Agreement. Removal of a benefit shall occur only if the benefit is deemed contrary to public law or regulation governing IRS Section 125 Benefit Plans, is no longer available by vendor, or becomes insolvent. If, during the term of this Agreement, a change in insurance plans or coverage is necessary, the City shall provide notice thirty (30) days in advance, and, upon request, meet with representatives of the Association. If, during the term of this Agreement, the premium for an insurance plan changes, the City will attempt to provide a thirty (30) day notice in advance of the rate change.

7.1. Eligibility

7.1.1. Regular, Full-Time employees will be eligible to participate in any of the City’s health insurance programs.

7.2. Health Insurance

7.2.1. CalPERS Medical Insurance Contribution
a. The City provides health insurance through California Public Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 10, Packet Page 53 MPA MOU July 1, 2024 – June 30, 2027 Page 7 of 28
Employee’s Retirement System (“CalPERS”). The employee
contribution may vary depending on which plan the employee is enrolled in and in which CalPERS region they reside. The City shall make a nonelective employer contribution to the Flexible Benefits Plan on behalf of each active, full-time employee in an amount which includes the Public Employees’ Medical and Hospital Act (PEMHCA) contribution.
i. At the time of this Agreement, the current Health Plan Spending Fund (HPSF) rates are:
• $2,540.00 per month – family coverage
• $2,040.00 per month – employee + 1
• $914.82 per month – employee only
ii. For the plan year effective January 1, 2025, if the CalPERS Gold health plan premiums increase above the City’s current HPSF contribution ($2,540.00 per month/family coverage, $2,040.00 per month/ employee plus one, $914.82 per month/ employee only), the City shall increase its contributions to the premium commensurate with the increase, not to exceed nine percent (9.0%).
iii. For the plan year effective January 1, 2026, if the CalPERS Gold health plan premiums increase above the City’s 2025 HPSF contributions, the City shall increase its contributions to the premium commensurate with the increase, not to exceed nine percent (9.0%).
iv. For the plan year effective January 1, 2027, if the CalPERS Gold health plan premiums increase above the City’s 2026 HPSF contributions, the City shall increase its contributions to the premium commensurate with the increase, not to exceed nine percent (9.0%).
b. In 2027, the Association and the City agree to reopen the Insurance Benefits Section of this Agreement to discuss future employer and employee contributions.

7.2.2. Medical Insurance Opt-Out
a. Employees who opt out of the City-sponsored CalPERS plan for health insurance and provide proof of alternate group medical insurance will be entitled to $300.00 per month. To qualify, an employee must provide proof of alternate group coverage to Human Resources. Alternate coverage must be acceptable by the City and compliant with the Affordable Care Act.

7.2.3. Retiree Medical Premium
a. Covered employees who retire under the provisions of the City’s Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 11, Packet Page 54 MPA MOU July 1, 2024 – June 30, 2027 Page 8 of 28
contract with CalPERS are currently eligible to continue CalPERS medical coverage. The City will make the mandatory minimum employer health premium contribution for City retirees participating in the PEMHCA. The mandatory monthly rate is established by CalPERS annually and is effective on January 1 of each calendar year pursuant to Government Code Section 22892.

7.3. Cafeteria Plan and Optional Benefits

7.3.1. In accordance with IRS Code Section 125, the City will provide a Flexible Benefits Plan (“Cafeteria Plan”) to all eligible employees. Employees may elect to participate in the following three (3) Section 125 programs offered by the City:
• Premium Conversion
• Dependent Care (IRS contribution limits apply), and
• Flexible Spending Account (IRS contribution limits apply).

7.3.2. Each of these programs will be administered in accordance with the IRS Code.

7.3.3. Consistent with applicable laws and regulations, each employee may use their HPSF for any benefits permitted by law and provided for in the Cafeteria Plan document but will not receive any remaining HPSF balance as cash. Those benefits include:
• Health insurance in accordance with PERS regulations and federal law, • Dependent dental coverage,
• Additional life insurance, provided by the City’s insurance carrier, up to the maximum allowed by the City’s carrier,
• Dependent Care Assistance Plan, employees will pay any administration fee for this service through payroll deductions, • Flexible Spending Account, employees will pay any administration fee for this service through payroll deductions.

7.3.4. For each month when the benefit options selected by the employee under this plan exceed the appropriate City contributions (Health Plan Spending Fund), that employee shall pay by pre or post-tax payroll deductions the full cost (100%) which exceeds the City’s contributions for that employee.

7.4. Dental/Orthodontia Insurance

7.4.1. The City provides a self-insured dental benefit. As such, the City shall pay the full cost of the employee-only dental premiums. The City shall pay the cost for employee dental insurance administered by a third-party administrator up to the annual maximums as described in the plan description. Employees are responsible for adhering to the claims process outlined in the dental plan provisions.

7.4.2. The City will provide eligible employee dependents the opportunity to participate in an open enrollment every year. An employee electing coverage for dependent(s) shall pay the full cost for dependent dental premiums rounded up to the nearest dollar.

Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 12, Packet Page 55 MPA MOU July 1, 2024 – June 30, 2027 Page 9 of 28

7.5. Vision Care

7.5.1. The City provides vision care insurance, and pay the full cost of premiums, for employees and dependents. The plan will provide for expenses incurred up to the annual maximums described in the plan description.

7.6. Life Insurance

7.6.1. The City provides a $20,000.00 Term Life Insurance and Accidental Death and Dismemberment Policy for each employee covered by this Agreement. Additional Term Life Insurance may be purchased by each employee through payroll deductions in increments of $10,000.00, subject to the City's life insurance carrier's coverage limitations. An employee may purchase additional term life insurance up to the lesser of $350,000.00 or five (5) times their basic annual earnings. The purchase of additional insurance shall be in accordance with payroll deductions procedures established by the Finance Director and the underwriting requirements of the insurance carrier. Subject to the conditions of the City’s life insurance carrier, the City shall offer to employees at the time of their retirement or separation the option to convert their life insurance policy (both City-paid and employee-purchased supplemental insurance) to individual coverage at the employee’s’ expense.

SECTION 8 - PUBLIC EMPLOYEES RETIREMENT SYSTEM

8.1. For “Classic” employees, as defined by the Public Employees’ Retirement System (PERS), hired prior to January 1, 2013, or who were employed full-time by another PERS (or reciprocal) agency within six (6) months from date of hire by the City of Monterey, retirement benefits for employees shall be those established by the Public Employees’ Retirement System (PERS) for Local Safety Members three percent (3.0%) at age fifty (50) Formula, highest single year.

8.2. For “Classic” employees, as defined by the Public Employees’ Retirement System (PERS), hired prior to January 1, 2013, or who were employed full-time by another PERS (or reciprocal) agency within six (6) months from date of hire by the City of Monterey, retirement benefits for employees shall be those established by the Public Employees’ Retirement System (PERS) for Local Safety Members three percent (3.0%) at age fifty (50) Formula, highest single year.

8.3. For new employees, as defined by the Public Employees’ Retirement System (PERS), hired on or after January 1, 2013, retirement benefits shall be those established by the Public Employees’ Retirement System (PERS) for Local Safety Members 2.7% at age fifty-seven (57) Formula, highest three (3) years.

8.4. Effective January 1, 2018, “Classic” employees, as defined by the Public Employees’ Retirement System (PERS), shall contribute a three percent (3.0%) additional member contribution over and above the Normal Contribution for “Classic” members toward the employer’s contribution, for a total member Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 13, Packet Page 56 MPA MOU July 1, 2024 – June 30, 2027 Page 10 of 28
contribution rate of twelve percent (12.0%), which is memorialized by a 2018 contract amendment with CalPERS.

SECTION 9 - RETIREMENT HEALTH SAVINGS PLAN
The Retirement Health Savings Plan (“RHSP”) is a City funded health benefit savings program that allows employees to accumulate assets to pay for medical premiums and allowable health expenses at retirement (or upon meeting eligibility criteria) on a tax-free basis. The RHSP has the following components:

9.1. Eligibility:

9.1.1. Employee must reach at least ten (10) years of City Service or more, retire or separate from City service and have reached a minimum of age fifty (50).

Under certain circumstances the age requirement may be waived if the employee qualifies as disabled from work under the PERS retirement plan or under Workers' Compensation.

9.2. The City will contribute $50.00 per month per employee to the RHSP. The City’s contribution and related investment results will then be provided to the employee upon separation, or retirement, as long as the employee reaches ten (10) years of City service in a sworn police position.

9.3. If an employee does not reach at least ten (10) years of City service or more, the City’s contribution and investment results shall return to the City to offset further contribution costs.

9.4. The City will attempt to find a way in which employees may contribute to a health savings plan. If such a program is found, and complies with all Internal Revenue Service regulations, and any other applicable law, the City will make such a program available to the Association as soon as it is feasible.

9.5. Internal Revenue Service regulations governing RHSPs, as may be amended, are controlling over this section, and may affect whether and how the City provides this program.

SECTION 10 - DEFERRED COMPENSATION - MATCH PROGRAM
The City will match up to $75.00 per pay period ($150.00 per month) of an employee's contribution to a City authorized Deferred Compensation Plan authorized under Internal Revenue Code section 457. The City's and the employee's combined contribution to the City's Deferred Compensation Plan(s) cannot exceed the maximum permitted by law. The parties agree that during the term of this Agreement, at least one (1) member or representative from the Association will participate in any deferred compensation committee to consider additional deferred compensation options for all City employees.

SECTION 11 - UNIFORM ALLOWANCE

11.1. The City will contribute the following monthly uniform allowance:

Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 14, Packet Page 57 MPA MOU July 1, 2024 – June 30, 2027 Page 11 of 28

11.1.1. The City will contribute $130.00 monthly for uniform allowance or $170.00 monthly for Special Unit* uniform allowance. *Special Unit is defined as those personnel assigned to the Traffic Unit and Community Action Team (CAT), (and their successor units should titles change in the future).

11.2. The following will be purchased by the Department (or City):
• Traffic: one (1) motorcycle helmet, one (1) pair motorcycle boots (replaced after two (2) years if worn out), one (1) pair motorcycle gloves, one (1) pair protective motorcycle pants, one (1) protective motorcycle jacket, one (1) protective uniform motorcycle shirt.
• CAT: one (1) Bike/Special Event Uniform shirt, one (1) bike uniform short pants, one (1) bike uniform long pants, one (1) bike helmet, one (1) pair of bike gloves, one (1) pair of safety glasses (not to exceed $50.00).

11.3. Officers will be provided with initial hire equipment to include:
• One (1) Class C uniform, one (1) baseball cap, one (1) class A hat, one (1) tie, one (1) tie bar, one (1) name plate.
• Pistol, holster, inner belt, duty belt, four (4) keepers, magazine holder, asp, asp holder, wood baton, wood baton holder, radio, radio holder, OC spray, OC holder, two (2) pair of handcuffs, handcuff holder, taser, taser holder, flashlight, flashlight holder.

11.4. Officers who complete the FTO program will be provided a one (1)-time purchase of a uniform Carrier Vest (carries the ballistic vest outside the shirt, but within the carrier, and has pouches to carry various types of police equipment). The Carrier Vest must be an approved carrier vest (not to exceed $535.00 + tax). Officers are responsible for the replacement of the Carrier Vest after initial purchase by the Department.

11.5. Officers will be provided a ballistic bullet proof vest to wear under their uniform shirt or inside the uniform Carrier Vest. The ballistic vest will be replaced every five (5) years. Reimbursement is based on federal grant reimbursement.

11.6. Duty uniforms (shirts and pants) may be either 100% wool, a synthetic blend (such as polyester/rayon), or a blend of wool and synthetic material, as long as all such garments meet "LAPD specifications" related to material and color. All such garments shall also meet additional Department uniform specifications (e.g., brand, cut, badge tab, creases, pocket designs, shoulder epaulets, etc.) that may be required.

11.7. In addition to the above requirements, all sworn personnel shall maintain at least one (1) Class A Uniform (shirt and pants) that is 100% wool.

SECTION 12 - CALL BACK COMPENSATION

12.1. Employees shall be entitled to call back compensation when they are summoned to work outside their regularly scheduled duty time. Unless an exception applies, if an Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 15, Packet Page 58 MPA MOU July 1, 2024 – June 30, 2027 Page 12 of 28
employee is required to report for duty or any other required work assignment, the employee shall receive a minimum of four (4) hours’ overtime or be compensated for the actual time worked, whichever is greater.
• Exception 1: If the call back is within three (3) hours of an employee's regularly scheduled duty start time they will be compensated for actual time worked. • Exception 2: If an employee has been given the option of fulfilling the duty requirement (e.g., training, semi-annual shoot, etc.) during their regularly scheduled duty time and opts to respond at another time that is outside their regularly scheduled duty time, they will not be entitled to the four (4)-hour minimum, unless prior approval has been obtained from a supervisor. • Exception 3: If an employee attends and/or participates in a job-related event that is outside their regularly scheduled duty time when their attendance and/or participation in such event is optional, they will not be entitled to the four (4)- hour minimum, unless prior approval has been obtained from a supervisor. This exception shall not apply to optional overtime duty for special event staffing, for which the four (4)-hour minimum call back compensation shall apply, provided no other exceptions are applicable.
• Exception 4: If the call back requires a job-related court appearance by an employee, they shall be compensated as specified in Section 18 of this MOU Court Time Compensation.

12.2. Instances where call backs may occur include but are not limited to: 1) staffing shortages, 2) major criminal or accident investigation/staffing, 3) hostage and critical incident responses, 4) special event staffing, 5) physical agility testing, 6) range qualification, or 7) any other circumstance that would require an employee to report for duty outside their regularly scheduled duty time.

12.3. Employees shall be compensated in cash at the rate of 1½ times their regular rate of pay, or in lieu of pay, an employee may receive credit of compensatory time off at the rate of 1½ times the number of hours worked.

SECTION 13 - SPECIAL ASSIGNMENT DIFFERENTIAL PAY

13.1. A Special Assignment Differential Pay (“SADP”) is a five percent (5.0%) pay differential over base salary that is paid to an employee in the classification of Police Officer or Police Sergeant who is assigned to and meets eligibility requirements of performing positions that are identified as special duty assignments. SADP is provided for these positions because: 1) duties are substantively different from those of a Patrol Officer or a Patrol Sergeant; and 2) they require knowledge, skills and abilities distinct from those of a Patrol Officer or a Patrol Sergeant. For the purposes of this section, neither the Canine Officer positions nor the Field Training Officer (FTO) positions are considered Patrol Officers.

13.2. The following list of special assignments shall receive the SADP:

13.2.1. Officers
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a. Canine Officer: Employees assigned to the Canine Program shall receive SADP due to the consistent and routine handling, training and boarding of a canine. Additionally, members serving as Canine Officers will be provided with nine (9) hours per pay period (deduct nine (9) hours from the normal schedule time) for time spent outside regularly scheduled hours.
b. Community Action Team (CAT): Employees assigned to the CAT shall receive SADP for Police Liaison Premium pay differential due to the routine work and function as a liaison between special persons and groups and the Police Department.
c. Field Training Officer (FTO): Employees assigned to the Field Training unit shall receive SADP for Training Premium pay differential due to the routine and consistent assignment of training employees.
d. School Resource Officer (SRO): Employees who are assigned as the SRO to a local school shall receive SADP for Juvenile Officer Premium due to the routine work and consistent assignment to enforce laws that are related to the activities of juveniles. e. Traffic Officer: Employees assigned to ride police motorcycles as their primary assignment shall receive Motorcycle Patrol Premium SAPD due to the routine and consistent operation of a motorcycle. f. Detective: Employees assigned to the Investigation Unit shall receive a 7.5% pay differential over their base pay due to the routine and consistent assignment of analyzing, investigating, and solving crimes or investigating accidents.

13.2.2. Sergeants
a. CAT Sergeant: Employees assigned to the CAT shall receive Police Liaison Premium SADP due to the routine work and function as a liaison between special persons and groups and the Police Department.
b. Traffic Sergeant: Employees assigned to ride police motorcycles as their primary assignment to the Traffic Unit shall receive Motorcycle Patrol Premium SADP due to the routine and consistent operation of a motorcycle.
c. Administrative (Training/Internal Affairs) Sergeant: Employees assigned as the Administrative (Training/Internal Affairs) Sergeant shall receive Police Administrative Sergeant differential SADP due to the routine and consistent administrative support, training, coordinator, and internal affairs investigations conducted in the operation of the police department.
d. FTO Sergeant: Employees assigned to the Field Training unit shall Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 17, Packet Page 60 MPA MOU July 1, 2024 – June 30, 2027 Page 14 of 28
receive Training Premium SADP due to the routine and consistent assignment of training employees.
e. Detective Sergeant: Employees assigned to the Investigation Unit shall receive a 7.5% pay differential over their base pay due to the routine and consistent assignment of analyzing, investigating, and solving crime or investigating accidents.

13.2.3. Temporary "Light Duty Assignments" are not considered special duty assignments.

13.2.4. New special assignments, within the definition of this section, may be created by the Police Chief and authorized by the Police Chief with the approval of the City Manager.

SECTION 14 - MASTER POLICE OFFICER

14.1. Effective the first full pay period following ratification the City will establish a Master Police Officer (MPO) Program for employees that satisfy all of the following criteria, as determined by the Chief of Police:
a. At least eight (8) years of civilian certificated law enforcement experience as a sworn peace officer with five (5) of those years with the MPD. b. Performance evaluation rating(s) of “meets standards” or better in all categories for the period most recently evaluated.
c. Possession of an Advanced POST Certificate.
d. Completion of forty-eight (48) months in a special assignment or collateral duty assignment with the City of Monterey, as defined below:
• Special Assignment as defined in this MOU Section 13 Special Assignment Differential Pay
o An MPO pay classification does not alter or provide any change to the “Personnel Assignments and Rotation
Procedure” (MPD Procedure 10020 / MPD Policy 1002) or
change the Special Assignment duration as defined in the “Personnel Assignments and Rotation Procedure” and in no way affects the ability for the Chief of Police to determine the actual term and the extension of all such special
assignments.
• Collateral Duty Assignment in the following collateral duty position(s):
o Special Response Unit (SWAT Operator and/or
Crisis/Hostage Negotiator)
o Defensive Tactics Instructor
o Firearms Instructor
o Less Lethal / Taser Instructor
o Integrating Communications, Assessment, and Tactics
(ICAT) Instructor
o Use of Force Instructor
Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 18, Packet Page 61 MPA MOU July 1, 2024 – June 30, 2027 Page 15 of 28
o First Aid Instructor
o Active Shooter Instructor
o Drone Operator

14.2. An MPO pay classification does not alter or provide any collateral duty assignment rights and in no way affects the ability for the Chief of Police to assign or remove people from collateral duty assignments at the Chief’s discretion.

14.3. To qualify for MPO pay the Officer must submit a Monterey Police Department MPO Application to the Chief of Police through the Chain of Command and meet the criteria therein, as determined by the Chief of Police. No payments shall be made until an MPO Application has been approved by the Chief of Police.

14.4. Employees who satisfy the criteria set forth above shall receive a five percent (5.0%) MPO pay incentive.

SECTION 15 - SHIFT DIFFERENTIAL PAY

15.1. Employees assigned to the graveyard shift (9:30 p.m. to 7:30 a.m.), and in a pay status for the majority of the month, shall receive a five percent (5.0%) shift differential over base salary per month.

15.2. Employees assigned to the swing shift (4:30 p.m. to 2:30 a.m.), and in a pay status for the majority of the month, shall receive 2.5% shift differential over base salary per month.

SECTION 16 - BILINGUAL PAY

16.1. Employees shall have the opportunity to demonstrate foreign or sign language proficiency and subsequently be bilingual certified. An employee who receives such certification shall be eligible to receive compensation equal to five percent (5.0%) of their base monthly salary.

16.2. To maintain eligibility an employee must meet all of the requisite policy criteria, including but not limited to: 1) Target language must be approved by Police Chief, 2) Must demonstrate language proficiency through standardized testing, 3) Must be successfully re-certified every thirty-six (36) months, and 4) Target language must continuously meet existing needs of department, City, and community.

SECTION 17 - POST ADVANCED CERTIFICATE PAY
Employees who possess a POST Advanced Certificate shall receive a five percent (5.0%) premium pay over base salary the pay period following the submission of an eligible Certificate or proof that Certification is complete.

SECTION 18 - STAND-BY COMPENSATION
Employees assigned as Detectives in the General Investigations unit shall be paid an Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 19, Packet Page 62 MPA MOU July 1, 2024 – June 30, 2027 Page 16 of 28
additional $200.00 per week when assigned to stand-by in accordance with departmental procedures. Where an assignment is made for less than one (1) week the allowance shall be pro-rated. Stand-by shall be defined as that circumstance which requires an employee who is not on duty and assigned by the department to:
a. Be ready to respond immediately to a call for service; b. Be readily available at all hours by telephone or other agreed upon communication equipment; and
c. Refrain from activities which might impair their assigned duties upon call.

SECTION 19 - COURT TIME COMPENSATION

19.1. When an employee is summoned to appear in court outside their regularly scheduled duty time and the court appearance is as a result of actions taken in their official capacity as a City of Monterey police officer, the employee shall receive a minimum of four (4) hours’ overtime or be compensated for the actual time worked, whichever is greater. An exception shall be that if the court time is within three (3) hours of the employee's regularly scheduled duty start time, they will be compensated for actual time worked.

19.2. If an employee appears in court on a regularly scheduled work day during a period when they have opted to utilize approved or noticed leave (i.e., vacation, comp. time, sick time, bereavement, etc.) for more than 1/2 their regular work shift, they shall receive the three (3)- hour minimum compensation. An employee who is on administrative leave as a result of a personnel investigation or disciplinary action shall not be entitled to the four (4)-hour minimum.

19.3. Court time shall be compensated in cash at the rate of 1½ times their regular rate of pay, or in lieu of pay, an employee may receive credit of compensatory time off at the rate of 1½ times the number of hours worked.

SECTION 20 - OVERTIME, COMPENSATORY TIME OFF, HOLIDAY TIME, AND

SPECIAL SERVICES MINIMUMS

20.1. Overtime shall be defined as those hours authorized and worked by an employee who is eligible for overtime compensation in excess of eight (8) hours per day for an employee on a regular 5/8 hour work schedule; in excess of ten (10) hours per day for an employee on a 4/10 hour work schedule; or hours worked on an employee's regularly scheduled day off.

20.2. Employees shall be paid wages at the rate of 1½ times their regular rate of pay for the actual hours worked. In lieu of pay for overtime work, an employee may receive credit of compensatory time off (CTO) at the rate of 1½ times the actual hours worked. Department pre-approval is required for all requests to use CTO.

In no event shall an employee regularly assigned to a 4/10 schedule be authorized to use compensatory time if such will require overtime based on departmental staffing policy. CTO may be accumulated and utilized to an annual maximum of 160 hours; hours in excess will be paid as earnings. CTO will be Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 20, Packet Page 63 MPA MOU July 1, 2024 – June 30, 2027 Page 17 of 28
scheduled in accordance with established Police Department procedures for time off.

20.3. Overtime paid in wages and compensatory time will be paid in accordance with procedures established by the Finance Director.

20.4. On October 31 of each year, employees may either receive pay for unused CTO or maintain unused CTO as CTO leave. If an employee does not make a selection, the entire CTO balance as of October 31 will be paid as earnings on the second payday in November. In no case may an employee maintain more than 160 hours of accrued CTO in their leave bank.

20.5. Overtime minimums for the following activities that are contracted through the City are:
a. For special traffic control (including parades and commercial filming) and similar services, employees shall be guaranteed a minimum of four (4) hours. b. For dances, private parties, special events and other similar services, employees shall be guaranteed a minimum of four (4) hours.

SECTION 21 - TRAINING TRAVEL TIME
Travel to normal, contemplated mandated training (e.g. POST or Department required training), as distinguished from elective, special, unusual, or unanticipated training, is not compensable (credited towards overtime) except to the extent it necessarily occurs during scheduled work time.

SECTION 22 - EDUCATION INCENTIVE PLANS

22.1. Education Incentive Plan (EIP)

22.1.1. Employees hired by the City prior to July 1, 1990, will continue to be eligible to participate in the Education Incentive Plan (EIP) as outlined in City Code Section 25-11.07 (Educational Incentive Plan). Employees hired by the City after July 1, 1990, will not be eligible to participate in the Education Incentive Plan as outlined in City Code Section 25-11.07.

22.2. Education Incentive Premium Pay (EIPP)

22.2.1. All employees who have completed their initial police officer probationary period may participate in the Department's Education Incentive Premium Pay (EIPP) program provided, however, that an employee may not participate in both EIP and EIPP. Employees participating in EIPP may be eligible to receive two and a half (2.5) percent premium pay on base salary for an Associate's Degree, five percent (5.0%) premium pay on base salary for a Baccalaureate, and a

7.5% premium pay on base salary for a Master's Degree subject to the provisions of EIPP.

22.3. The City shall consider EIPP as part of base pay.

Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 21, Packet Page 64 MPA MOU July 1, 2024 – June 30, 2027 Page 18 of 28
SECTION 23 - TUITION REIMBURSEMENT
Employees shall be entitled to Tuition Reimbursement pursuant to the City's Tuition Reimbursement Program at an amount of $2,000.00 per year per employee. Tuition Reimbursement may be used for off duty educational classes, training courses, seminars, conferences, and other approved courses that are job related, and up to thirty percent (30.0%) of the annual amount may be used by an employee for room and board directly related to an approved course of study. The conditions of this reimbursement program shall be determined by the Department's Tuition Reimbursement Policy, and the coursework undertaken must have the prior written approval of the appropriate Division Commander or Police Chief.

SECTION 24 - VACATION AND SICK LEAVE

24.1. During the term of this Agreement, vacation leave shall continue to accrue and be administered in accordance with the rules and regulations in existence at the time this Agreement is implemented.

24.2. Vacation will not accrue in excess of 400 hours. Vacation accrual based on the employee’s accrual rates shall commence only after an employee has utilized vacation, and accrual banks are below the 400 maximum allowed. Employees may be cash out vacation accrual in excess of 320 hours once per year, either at the end of the fiscal year or at the end of the calendar year. Exact cash out dates to be determined by Finance. Vacation accruals may be paid out as earnings upon separation from City employment.

24.3. Employees with more than twenty (20) years of service shall accrue annual vacation leave at the rate of twenty-three (23) days per year. ("Days" shall equal eight (8) hours, as it is currently reflected in the Personnel Rules.) Sick leave shall continue to be accrued and subject to all other use rules and regulations which exist at the time this Agreement is implemented.

24.4. Accrued sick leave may be utilized if the employee is required to be absent from work on account of non-job related illness or injury; routine medical or dental appointments; or for the care related to the illness or injury of a family member.

24.5. For purposes of this section, Family Member means children (biological, stepchildren, adopted, foster, legal wards, or a child to whom the employee stands in loco parentis), Parents (biological, adopted, step, foster, guardian, wards, or inlaws), Spouse, Domestic Partner registered with the state and submitted to Human Resources, Grandparent, Grandchild, Sibling.

24.6. The maximum allowable use of sick leave for the death of a family member (Bereavement Leave) shall not exceed eighty (80) hours in any calendar year for a single family member.

Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 22, Packet Page 65 MPA MOU July 1, 2024 – June 30, 2027 Page 19 of 28
SECTION 25 - SICK LEAVE/INDUSTRIAL DISABILITY RETIREMENT Upon either the approval of an application by a unit employee for industrial disability retirement, or upon the independent determination of the employer that an employee is industrially disabled, the employee shall not be entitled to use any remaining sick leave, and any remaining sick leave balance in the employee's account shall be cancelled. This provision is intended to exercise the employer's rights under Government Code Section 21163. Incumbents in a class represented by the unit as of January 1, 1999 are not subject to this provision.

SECTION 26 - SICK LEAVE PAYOUT
Employees who retire on a regular non-disability retirement with a minimum of fifteen (15) years of sworn service, and up to twenty (20) years of sworn service shall be entitled to "sell back" (i.e. cash-out unused accruals) twenty-five percent (25.0%) of accrued sick leave at the rate of final base pay. Employees who retire on a regular non-disability retirement with twenty (20) or more years of sworn service shall be entitled to sell back fifty percent (50.0%) of accrued sick leave at the rate of final base pay. Sworn service must be with the City of Monterey. If an employee elects to utilize the provision of the PERS contract to obtain service credit for sick leave, such sick leave time cannot also be applied to the "sell back" provision under this section.

SECTION 27 - SICK LEAVE USED AS PERSONAL LEAVE
Up to twenty-four (24) hours of accrued sick leave may be taken as Personal Leave during the calendar year so long as the employee has a minimum of 160 hours of accrued sick leave on the books at the time the Personal Leave is taken. Approval for the use of Personal Leave shall otherwise be subject to the same use rules as vacation, and requires advance Department Head approval.

SECTION 28 - MATERNITY AND PARENTAL LEAVE

28.1. Employees are entitled to leaves of absence for maternity, parental bonding, and pregnancy-related disability. All such leaves of absence shall be granted and compensated in accordance with state and federal laws covering these topics, including the Pregnancy Disability Leave, Family Medical Leave Act, California Family Rights Act (“CFRA”) and the Fair Employment and Housing Act.

28.2. Employees taking an approved unpaid leave of absence for CFRA eligible babybonding are entitled to utilize accrued leave, including use of sick leave.

SECTION 29 - VOLUNTARY UNPAID LEAVE TIME

29.1. Upon the approval of the Chief of Police or designee, employees may take unpaid time off (up to eighty (80) hours per fiscal year) for specific circumstances, which would include if the request is for the purpose of improving the training of the Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 23, Packet Page 66 MPA MOU July 1, 2024 – June 30, 2027 Page 20 of 28
employee for their position or career in City Service, if the request is for an extended illness for which paid leave is not available, or if the request is in the event of urgent personal affairs that requires the full attention of the employee.

29.2. Employees exceeding this amount of unpaid leave may be disciplined for excessive leave of absence. Excluded from discipline are absences certified as protected leave of absence under state or federal law or leave approved as a reasonable accommodation for a disability under state or federal law.

SECTION 30 - HOLIDAY SCHEDULE

30.1. Floating Holiday: The holiday schedule shall include one (1) floating holiday per year.

30.2. Additionally, before the floating holiday can be taken by the employee, it must be approved by the Police Chief, or their designee, and cannot be granted if the time requested will require, in the Police Chief’s judgment, the use of other personnel in an overtime status.

30.3. Employees may rollover the floating holiday to the next fiscal year. There shall be no cash value for floating holidays. In no case shall an employee be allowed to accrue more than forty (40) hours of accrued floating holiday time.

30.4. If an employee is at the forty (40)-hour maximum accrual, in a pay period when an additional floating holiday is accrued, the employee may utilize accrued holiday hours in the same pay period in order to obtain the holiday accrual. Otherwise, the employee forfeits that floating holiday.

30.5. Accrued Holiday: Employees may not accrue more than eighty (80) hours of “accrued holiday time.” “Accrued holiday time” will be compensated as described in Monterey City Code 25-11.06.

30.6. If an employee has reached the maximum accrued holiday time in a pay period when an additional holiday is accrued, the employee may utilize accrued holiday hours in the same pay period in order to obtain the holiday accrual. Otherwise, the holiday is paid out in accordance with City Code Section 25-12.04(b)(3).

SECTION 31 - DEFINITION OF 4/10 PLAN AND UTILIZATION

31.1. 4/10 Plan

31.1.1. For the term of this MOU and unless otherwise noted herein, employees assigned as patrol officers and patrol sergeants (including the Canine officer) shall work on the 4/10 Plan. Nothing in this Agreement shall preclude the Police Chief, with the concurrence of the City Manager, from assigning employees to a different work week schedule in the event of an economic emergency declared by the City Council, reductions in the number of sworn personnel, and/or during periods of declared emergency.

Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 24, Packet Page 67 MPA MOU July 1, 2024 – June 30, 2027 Page 21 of 28

31.1.2. Employees not covered by the above paragraph can be assigned to any schedule currently in use by the Department or an alternate schedule (e.g., a 5/8, 4/10, 9/80). Employee preference will be considered however operational needs of the organization shall take precedence.

The Chief of Police shall make the final determination regarding the appropriate work schedule for the respective assignment. Nothing in this section precludes the immediate altering of a duty assignment or changing of duty hours of any employee, if deemed necessary to assist in a temporary assignment or if needed for special duty, as defined by the Chief of Police.

31.1.3. The 4/10 schedule encompasses the following elements: The patrol division will utilize a modified 4/10 plan based on a seven (7)-week cycle in which double-up days adjust ahead one (1) day each week. Under this schedule, days off adjust ahead one (1) day each week as well. The double up days are staggered for Watch 3; their work schedule is one (1) week ahead of the other two (2) watches and, thus, their double up day occurs one (1) day earlier. The staggered double up days are subject to consolidation to a single day each week at the discretion of the Chief of Police.

31.2. Utilization

31.2.1. Police officers assigned to Patrol shall bid for shift and platoon assignments based on seniority, with some exceptions, on an annual basis. Community Action Team, Traffic and Canine assignments shall be assigned at the discretion of the Chief of Police.

31.2.2. Prior to officers signing up for the shift bid, the patrol sergeants will be assigned.

31.2.3. Police officers shall, by September 30th of each year, sign up for their shift preferences for the following year on the sign-up roster established by the department.

31.2.4. Annual shift reassignments shall normally occur in the third week of January (usually the third Sunday) of each year. The specific date will be chosen and announced each year in order to correspond with schedule, payroll, and other relative concerns.

31.3. Shift Assignment Considerations

31.3.1. Seniority will be the basis by which most shift assignments will be made in any given year. All things being equal, seniority shall be the predominant determining factor.

31.3.2. Special circumstances can be brought forth from individual Police Association members or the Department's Administration. Those circumstances requiring further review will be shared with the Association President or their designee so that Police Association input can be garnered before any actions are taken. The Chief of Police shall Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 25, Packet Page 68 MPA MOU July 1, 2024 – June 30, 2027 Page 22 of 28
make the final determination regarding those assignments involving special circumstances.

31.4. Field Training Officers

31.4.1. The Department's six (6) Field Training Officers (FTOs) shall be assigned as follows:
• At least one (1) FTO will be assigned to each day shift team and each swing shift team (per platoon), with a maximum of two (2) FTOs assigned to any given shift team per platoon and no more than three (3) FTOs per platoon.

31.4.2. FTOs may bid for these assignments during the Department's annual shift reassignment process. FTO shift assignments will be made on the basis of seniority in the rank of police officer.

31.5. Probationary Police Officers

31.5.1. Probationary Police Officers will be assigned to shifts and platoons as determined by the Chief of Police. Probationary Police Officers’ positions will be designated as "administrative assignments" prior to the shift bid.

31.6. Sergeants

31.6.1. Sergeants shall, by August 15 of each year, sign up for their first and second choice shift preferences for the following year on the sign-up roster form established by the Department. Seniority will be considered but will not be the overriding factor in determining assignment for sergeants. The intent is to provide sergeants opportunities to work each of the different shifts.

31.6.2. Sergeants, regardless of seniority, shall be assigned to a different shift for at least one (1) year (twelve (12) consecutive months) if they have been assigned to the same shift for three (3) consecutive years.

31.6.3. FTO Sergeants - at least one (1) FTO sergeant will be assigned to swing shift, the other FTO sergeant will be assigned to the opposite platoon on either swing shift or day shift.

31.6.4. The Chief of Police shall make the final determination regarding sergeant assignments.

31.7. Annual Publication of Shift Assignments

31.7.1. The Department will publish shift and platoon assignments for the upcoming year by November 1.

31.8. Mid Year Shift Assignments

31.8.1. Generally, officers and sergeants reassigned to Patrol after the annual shift assignments have been published shall be assigned to the available vacancy at the discretion of the Chief of Police or their designee.

Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 26, Packet Page 69 MPA MOU July 1, 2024 – June 30, 2027 Page 23 of 28

31.9. Shift Assignment Appeals

31.9.1. Shift assignments made by the Chief of Police or their designee may be appealed in writing to the Chief of Police whose decision is final.

31.10. Operational Needs

31.10.1. Nothing in this section shall prohibit the Department from changing personnel assignments to meet operational needs or during emergencies.

SECTION 32 - CHANGE OF SHIFT ASSIGNMENT
An effort will be made to provide a ten (10)-day notice to unit employees prior to a transfer from one (1) assignment to another when the Police Department has sufficient prior knowledge that such a transfer will occur. Whenever temporary changes/modifications in a shift assignment are anticipated to facilitate the staffing of or participation in a special event, training session/course, or any other planned occurrence, whenever possible, unit employees will be provided a ten (10)-day notice. Nothing in this section shall prohibit the Police Department from changing an assignment to meet unforeseen operational requirements or emergencies.

SECTION 33 - NO SMOKING POLICY
The use of tobacco products is prohibited while on-duty and/or while in/on City premises.

SECTION 34 - PREPAID LEGAL SERVICES
The City will provide a Group Legal Services Plan for employees represented by the Association through an employee-paid premium. Participation in the program shall be voluntary and consistent with the provider's requirements that the potential pool of participants must include a minimum of 200 employees.

SECTION 35 - FITNESS ACTIVTY PLAN

35.1. All Association members will be eligible to participate in a Fitness Activity Plan where they workout off-duty (not considered work time for purposes of Workers’ Compensation injury or illness) in exchange for leave time accrued in a fitness bank.

35.2. Conditions for Qualifying:
• Employees are required to work out a minimum of 1,170 minutes per quarter to accrue ten (10) hours of leave per quarter.
• A session is considered to be any moderate or higher intensity physical activity lasting a minimum of fifteen (15) minutes to a maximum of sixty (60) minutes.
• Only one (1) workout per calendar day will be counted as a session. • Participants will complete a Fitness Activity Log demonstrating completion of Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 27, Packet Page 70 MPA MOU July 1, 2024 – June 30, 2027 Page 24 of 28
each workout, which is based on the honor system. At the end of each quarter participants will send the Fitness Activity Log to the Human Resources Department for verification of qualifying activities. The ten (10) hours of leave will be credited to the exercise incentive time bank as soon as practical and will be available for immediate use by the employee.
• Each calendar year a maximum of forty (40) hours can be accrued in a separate exercise incentive time bank, with a maximum of eighty (80) hours allowed in this bank. The exercise incentive time bank has no cash value and the time accrued in this bank has no expiration date.
• Leave time can only be used during those instances that do not require the expenditure of overtime or in lieu of vacation time for primary or secondary vacations.
• Participation is voluntary and for those electing to participate, and in order to participate, the employee must sign a waiver.
• An annual physical fitness assessment at the Monterey Sports Center, which can be used as a thirty (30)-minute workout session, will be offered. Individual results of the physical fitness assessment will be confidential between the Monterey Sports Center and the employee.

SECTION 36 - WELLNESS PROGRAM

36.1. Upon complying with Sports Center membership requirements, employees shall receive annual, renewable and nontransferable employee-only passes to the Monterey Sports Center in order to implement their personal fitness programs. The Internal Revenue Service views the employee membership as taxable income.

These passes shall be subject to renewal by the City and may be discontinued on an individual basis for failure to comply with the program procedures or upon separation from City employment. Use of the Sports Center will be limited to offduty hours.

36.2. Employees may apply the dollar value of the employee-only pass to the Monterey Sports Center towards a family pass to this facility. The employee shall be responsible for the cost differential between the credit value of the employee-only pass and the family pass. Every twelve (12) months from the date of the purchase of the family pass, the employee shall be afforded the opportunity to make an election to continue crediting the value of the employee-only pass towards the family pass which shall be irrevocable for the next twelve (12) months.

36.3. Employees electing to receive a family pass under this program shall have a payroll deduction for the cost of maintaining the family pass active from month to month based on the difference between the cost of the family pass and the employee-only pass. Upon separation from the City, the family pass shall be cancelled unless the separated employee elects to maintain the pass under the same conditions available to the general public.

36.4. Employees represented by the Association shall have available to them the full range of wellness services offered through the City's contract with the Employee Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 28, Packet Page 71 MPA MOU July 1, 2024 – June 30, 2027 Page 25 of 28
Assistance Program provider.

SECTION 37 - DONNING AND DOFFING
Association members assigned to Patrol who, as part of their normal duty preparation, don and doff safety equipment (i.e. a ballistic vest) shall be given ten (10) minutes at the beginning and end of their shift to don/doff that equipment. Briefing for Watch 1 will begin at 0710 hours, for Watch 2 at 1640 hours and Watch 3 at 2140 hours. Officers will be permitted to begin doffing their uniforms ten (10) minutes prior to the end of their shift.

SECTION 38 - EMPLOYEE AND ORGANIZATIONAL RIGHTS

38.1. Dues Deductions

38.1.1. Membership dues of the Association and such other deductions as may be properly requested and lawfully permitted shall be deducted by the City from the salary of any employee as provided by the Association Remittance of the aggregate amount of all dues and other proper deductions made from the salaries of employees covered hereunder shall be made to the Association by the City as promptly as practical.

38.2. Bulletin Boards

38.2.1. The City will furnish, for the exclusive use of the Association, adequate space on designated department bulletin boards as the exclusive location for postings. The board shall be used for the following subjects:

1. Information on Association elections, reports and notices.

2. Reports of official business of the Association, including reports of committees or the governing boards thereof.

3. Scheduled membership benefits, programs and promotions.

4. Any other written material pertaining to the official business of the Association.

38.3. Activities on City's Premises and Access

38.3.1. Organizing activities, membership campaigns, or dues collecting by the Association or their representatives on City premises or at work locations on duty hours shall not be permitted. Membership meetings on City premises or at work locations on duty hours shall be permitted, but only to the extent that adequate staffing levels are maintained on-duty and such will not interfere with departmental operations. Representatives of the Association shall be granted reasonable access to employee work locations to investigate matters relating to employer-employee relations if such investigation cannot be conducted elsewhere, unless such access to given work locations would constitute a safety hazard or would interfere with the operations of the City. Access to work locations may be regulated by the Police Chief so as not to constitute a safety hazard or to interfere with operations of the City.

Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 29, Packet Page 72 MPA MOU July 1, 2024 – June 30, 2027 Page 26 of 28

38.4. Use of On-Duty Time

38.4.1. On-duty employees who are acting as representatives of the Association shall first receive permission from a member of the command staff before removing themselves from their duty station or activities. The command staff member may deny an on-duty employee permission to leave their duty station if the absence of the on-duty employee would disrupt the delivery of service.

38.4.2. On-duty employees who wish to meet with their representative shall first receive permission from a member of the command staff before leaving from the duty station or on-duty activities. The command staff member may deny an on-duty employee permission to be removed from their duty station if the absence of the on-duty employee would disrupt the delivery of service.

38.4.3. If the above mentioned time is denied, the on-duty employee shall be allowed reasonably necessary time to meet with their representative immediately prior to an interrogation that can be reasonably expected to result in the said employee being disciplined, provided such does not adversely impact an investigation. This paragraph shall be interpreted in a manner consistent with California Government Code section 3303, as may be amended.

38.5. Supplies and Equipment

38.5.1. The use of City supplies and equipment shall be subject to reasonable departmental and City guidelines.

SECTION 39 - CITY RIGHTS
The parties recognize City rights as indicated in the City's Personnel Rules and Regulations.

SECTION 40 - PROVISIONS OF LAW
This Agreement is subject to all current and future applicable federal and state laws and regulations. If any part or provision of this Agreement is in conflict or inconsistent with such applicable laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulation and the remainder of this Agreement shall not be affected thereby.

SECTION 41 - FULL UNDERSTANDING, MODIFICATION AND WAIVER

41.1. This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 30, Packet Page 73 MPA MOU July 1, 2024 – June 30, 2027 Page 27 of 28
contained herein are hereby superseded or terminated in their entirety.

41.2. The City and the Association acknowledge that the Monterey Police Association did not voluntarily agree to the imposition of random drug testing or the fixed Friday 4/10 schedule change provisions in City Resolutions #99-08 and 99-106, but the parties acknowledge that employees represented by the Association continue to be subject to those provisions.

41.3. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to negotiate with respect to any subject or matter covered herein, or with respect to any other matters within the scope of representation during the term of this Agreement.

41.4. No agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed by all parties.

41.5. In the event any new practice, subject or matter arises during the term of this Agreement, that is within the scope of meet and confer, and an action is proposed by the City, the Association shall be afforded all possible advance notice and shall have the right to meet and confer upon request. In the absence of an agreement on such a proposed action, the City reserves the right to take necessary action by management direction.

41.6. Nothing herein shall limit the authority of the City to make necessary and reasonable changes during emergencies. Emergency shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war. However, the City shall notify the Association of such changes as soon as practicable. Such emergency assignments shall not extend beyond the period of the emergency.

41.7. The waiver of any breach, term or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 31, Packet Page 74 MPA MOU July 1, 2024 – June 30, 2027 Page 28 of 28
The parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding the day, month and year noted below.

CITY OF MONTEREY MONTEREY POLICE ASSOCIATION
______________________________________ ______________________________________ Hans Uslar Date Dennis Wallach Date
City Manager Senior Labor Relations Consultant
______________________________________ ______________________________________ Brette Neal Date Mike Garcia Date
Human Resources Director MPA President
______________________________________
Rafaela King Date
Finance Director
Council Regular Meeting, 8/6/2024, Item No. 6., Item Page 32, Packet Page 75 Council
Agenda Report
FROM: Brette Neal, Human Resources Director
Prepared By: Gina Russo, Assistant Human Resources Director SUBJECT: Adopting a Resolution Approving the Memorandum of Understanding between the City of Monterey and the Police Lieutenants’ Management Association (PLMA) for the period of July 1, 2024, through June 30, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

It is recommended that the City Council adopt a resolution approving the Memorandum of Understanding (MOU) between the City of Monterey and the Police Lieutenants’ Management Association (PLMA) for the period of July 1, 2024, through June 30, 2027.

VALUE DRIVERS:

Provide sufficient resources and support to develop, retain, and recruit a high-quality city workforce.

POLICY IMPLICATIONS:

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

The increase in cost over the 2023-24 base fiscal year is:
 For FY 24-25 is $43,281.51
 For FY 25-26 is $45,012.77
 For FY 26-27 is $46,813.28
The cost for FY 24-25 has been included in the budget adopted at the June 4, 2024 council meeting. Amounts for subsequent fiscal years will be included in the corresponding budget years.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 8/6/2024, Item No. 7., Item Page 1, Packet Page 76 №10/24
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:

No alternatives to reaching a successor agreement were considered. The Police Lieutenants’ Management Association (PLMA) members and City of Monterey staff contributed to the development of the MOU as presented.

DISCUSSION:

As a result of meeting and conferring in good faith, the City of Monterey and the Police Liutenants’ Management Association (PLMA) reached an agreement on a successor MOU. This agreement was ratified by PLMA on June 14, 2024 and ratified by the City Council in closed session on June 18, 2024. The terms and conditions of the MOU are now submitted for final approval and include the following:
 Three-year term: July 1, 2024 to June 30, 2027
 Effective July 1, 2024, salary schedules increase as follows:
o Assistant Police Chief 1.68%
o Police Lieutenant 1.68%
 4% salary increase for all members effective July 1, 2024  4% salary increase for all members effective July 1, 2025  4% salary increase for all members effective July 1, 2026  Deferred Compensation match increases to $150 per month  Management Leave increased to 80 hours per calendar year o Forty (40) hours will be added on July 1, 2024
 Health Insurance remains status quo
BN/gr
Attachments: 1. Resolution

2. Exhibit A – PLMA MOU 7/1/24 – 6/30/2027
e: Christine Davi, City Attorney
Rafaela King, Finance Director
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 8/6/2024, Item No. 7., Item Page 2, Packet Page 77 RESOLUTION NO. __-___ C.S.

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

APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MONTEREY AND THE POLICE LIUTENANTS’ MANAGEMENT ASSOCIATION (PLMA) FOR THE PERIOD OF JULY 1, 2024, THROUGH JUNE 30, 2027
WHEREAS, the City of Monterey negotiated a new Memorandum of Understanding with the Police Liutenants’ Management Association (PLMA):

WHEREAS, the terms of the Memorandum of Understanding with the Police Liutenants’ Management Association (PLMA) are attached and include the following:
 Three-year term: July 1, 2024 to June 30, 2027
 Effective July 1, 2024, and as soon as administratively possible, the pay rates for identified classifications shall be increased as follows:
o Assistant Police Chief 1.68%
o Police Lieutenant 1.68%
 After the market adjustments identified above, effective July 1, 2024, and as soon as administratively possible, the pay rates for all MPA employees shall be increased by four percent (4.0%).
 4% salary increase for all members effective July 1, 2025  4% salary increase for all members effective July 1, 2026  Deferred Compensation match increases to $150 per month  Management Leave increased to 80 hours per calendar year o Forty (40) hours will be added on July 1, 2024
 Health Insurance remains status quo
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, 8/6/2024, Item No. 7., Item Page 3, Packet Page 78

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the City Manager is hereby authorized to sign the Memorandum of Understanding (Exhibit A).

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/6/2024, Item No. 7., Item Page 4, Packet Page 79 PLMA MOU July 1, 2024 – June 30, 2027 1

EXHIBIT A

MEMORANDUM OF UNDERSTANDING
between the

CITY OF MONTEREY
and the
POLICE LIEUTENANTS’ MANAGEMENT ASSOCIATION (PLMA)
July 1, 2024 through June 30, 2027
Council Regular Meeting, 8/6/2024, Item No. 7., Item Page 5, Packet Page 80 PLMA MOU July 1, 2024 – June 30, 2027 2
Table of Contents
SECTION 1 IMPLEMENTATION........................................................................................................................... 3 SECTION 2 TERM OF AGREEMENT................................................................................................................... 3 SECTION 3 SALARY ............................................................................................................................................ 3 SECTION 4 LONGEVITY PAY.............................................................................................................................. 4 SECTION 5 RETENTION PAY.............................................................................................................................. 4 SECTION 6 POST SUPERVISORY CERTIFICATE PAY..................................................................................... 5 SECTION 7 EDUCATION INCENTIVE PREMIUM PAY....................................................................................... 5 SECTION 8 UNIFORM ALLOWANCE.................................................................................................................. 5 SECTION 9 HOURS WORKED............................................................................................................................. 5 SECTION 10 INSURANCE PLAN ........................................................................................................................... 5 SECTION 11 INTEGRATED SHORT TERM/LONG TERM DISABILITY PLAN .................................................... 8 SECTION 12 RETIREMENT.................................................................................................................................... 9 SECTION 13 DEFERRED COMPENSATION — MATCH PROGRAM .................................................................. 9 SECTION 14 RETIREMENT HEALTH SAVINGS PLAN ........................................................................................ 9 SECTION 15 GROUP LEGAL SERVICES............................................................................................................ 10 SECTION 16 EMPLOYEE ASSISTANCE PROGRAM ......................................................................................... 10 SECTION 17 WELLNESS PROGRAM ................................................................................................................. 10 SECTION 18 FITNESS ACTIVITY PLAN.............................................................................................................. 11 SECTION 19 TUITION REIMBURSEMENT PROGRAM ...................................................................................... 11 SECTION 20 VACATION AND SICK LEAVE....................................................................................................... 11 SECTION 21 MATERNITY AND PARENTAL LEAVE ......................................................................................... 13 SECTION 22 ACCOUNTING FOR LEAVE EVENTS............................................................................................ 13 SECTION 23 HOLIDAYS....................................................................................................................................... 13 SECTION 24 MANAGEMENT LEAVE.................................................................................................................. 14 SECTION 25 BEREAVEMENT LEAVE................................................................................................................. 14 SECTION 26 VOLUNTARY UNPAID LEAVE....................................................................................................... 15 SECTION 27 ROTATION OF ASSIGNMENT NOTIFICATION............................................................................. 15 SECTION 28 DUES DEDUCTIONS ...................................................................................................................... 15 SECTION 29 PROVISIONS OF LAW.................................................................................................................... 15 SECTION 30 FULL UNDERSTANDING, MODIFICATION AND WAIVER........................................................... 16 Council Regular Meeting, 8/6/2024, Item No. 7., Item Page 6, Packet Page 81 PLMA MOU July 1, 2024 – June 30, 2027 3

MEMORANDUM OF UNDERSTANDING
between the
City of Monterey
and the

POLICE LIEUTENANTS' MANAGEMENT ASSOCIATION (PLMA)
July 1, 2024 through June 30, 2027
This Memorandum of Understanding (MOU or Agreement) is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500-3510) and the EmployerEmployee Relations Resolution of the City of Monterey and is made by and between authorized representatives of the City of Monterey (hereinafter referred to as "City"), and the Police Lieutenants' Management Association (hereinafter referred to as "Association").

SECTION 1 IMPLEMENTATION

1.1. It is agreed that this MOU shall not be binding upon the parties either in whole or in part unless and until ratified by the Association's membership, and unless and until the City Council acts, by a four-fifths (4/5) vote, to approve this MOU; and takes any other action required.

SECTION 2 TERM OF AGREEMENT

2.1. This Agreement shall be effective on July 1, 2024 and shall terminate at 12:00 midnight on June 30, 2027. The terms, conditions, wages, and all provisions of this MOU shall continue in effect until a new MOU is negotiated and subsequently ratified by the Association and the City Council, or until this MOU is superseded in accordance with City Code Section 25-16.12(e) (Impasse Procedure), as may be amended, or until the Association dissolves pursuant to City Code Section 15-16.10 (Decertification of Recognized Employee Organizations), as may be amended.

SECTION 3 SALARY

3.1. For 2024-2025 fiscal year:

3.1.1. Effective either July 1, 2024, and as soon as administratively possible, the pay rates for employees shall be increased by 1.68% to bring classifications to within five percent (5.0%) of total comp market median.

3.1.2. Effective either July 1, 2024, and as soon as administratively possible, the pay rates for employees shall be increased by four percent (4.0)%.

3.2. For 2025-2026 fiscal year:

3.2.1. Effective July 1, 2025, and as soon as administratively possible, the pay rates Council Regular Meeting, 8/6/2024, Item No. 7., Item Page 7, Packet Page 82 PLMA MOU July 1, 2024 – June 30, 2027 4
for employees shall be increased by four percent (4.0%).

3.3. For 2026-2027 fiscal year:

3.3.1. Effective July 1, 2026, and as soon as administratively possible, the pay rates for employees shall be increased by four percent (4.0%).

SECTION 4 LONGEVITY PAY

4.1. Employees will receive longevity pay the first full pay period following the anniversary date that meets the required years of continuous full-time service as follows:

4.2. The following longevity pays will be provided to eligible employees:

4.2.1. For those with at least twenty (20) years of continuous full-time City of Monterey service and less than twenty-five (25) years, a five percent (5.0%) longevity pay, calculated from the base rate of pay set forth in the adopted salary schedule, will be provided.

4.2.2. For those with at least twenty-five (25) years of continuous full-time City of Monterey service and less than thirty (30) years, a five percent (5.0%) pay increase for a total amount of longevity pay equal to a total of ten percent (10.0%) increase to base pay for longevity pay, calculated from the base rate of pay set forth in the adopted salary schedule, will be provided.

4.2.3. For those with at least thirty (30) years of continuous full-time City of Monterey service or more, a five percent (5.0%) pay increase for a total amount of longevity pay equal to a total of fifteen percent (15.0%) increase to base pay for longevity pay, calculated from the base rate of pay set forth in the adopted salary schedule, will be provided.

4.3. Employees hired on or after June 6, 2017, shall not be eligible for Longevity Pay.

4.4. Employees receiving stacked longevity pay in effect at the time of ratification will continue receiving such compounded ten percent (10.0%) and fifteen percent (15.0%) pay. For example, an employee currently receiving longevity for twenty-five (25) years will continue to receive 10.25% and those currently receiving longevity for thirty (30) years will continue to receive 15.763%. If an employee becomes eligible for longevity pay, or additional longevity pay, the flat rates of five percent (5.0%), ten percent (10.0%) and fifteen percent (15.0%) as described above will apply.

SECTION 5 RETENTION PAY

5.1. Due to challenges faced within the regional police labor market and throughout the state, and to maintain retention and support recruitment efforts, unit members that have reached step five (5) with the City of Monterey Police Department of either the Sergeant, Lieutenant or the Assistant Police Chief Classification for three (3) years are eligible to receive a retention stipend of $275.00 per month.

5.2. Unti members that have reached step five (5) with the City of Monterey Police Department of either the Sergeant, Lieutenant or Assistant Police Chief Classification for six (6) years are eligible to receive an additional retention stipend of $275.00 per month (maximum of $550.00 per month).

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SECTION 6 POST SUPERVISORY CERTIFICATE PAY

6.1. Employees who possess a POST Supervisory Certificate shall receive a five percent (5.0%) premium pay over base salary.

SECTION 7 EDUCATION INCENTIVE PREMIUM PAY

7.1. All employees who have completed their initial probationary period may participate in the Department’s Education Incentive Premium Pay (EIPP) program provided.

7.2. Employees participating in EIPP may be eligible to receive 2.5% premium pay for a Master’s degree subject to the provisions of EIPP.

7.3. To qualify for consideration, an employee must have a Master’s degree from an accredited college or university.

SECTION 8 UNIFORM ALLOWANCE

8.1. The City will contribute $130.00 monthly for uniform allowance.

SECTION 9 HOURS WORKED

9.1. Personnel represented by the Association, when assigned as other than a Patrol Lieutenant (Field Operations) may be assigned to work an eight (8)-hour five (5)-day workweek schedule, a 9/80 schedule, or a 4/10 schedule. Employee preference will be considered; however operational needs of the organization shall take precedence. The Chief of Police shall make the final determination regarding the appropriate work schedule for the respective assignment. Nothing in this Section, however, precludes the immediate altering of a duty assignment or changing of duty hours of any sworn personnel represented by the Association, if deemed necessary to assist in a temporary assignment or if needed for special duty, as determined by the Police Chief. Likewise, Personnel assigned to “light duty” or who are scheduled to attend training may be assigned to one (1) of the above-mentioned schedules, at the discretion of the Chief of Police.

9.2. With the Chief’s approval, Lieutenants shall receive pay at the rate of 1 ½ times their regular rate of pay when overtime hours are worked under the following circumstances:
• Special events coverage outside the lieutenant’s normal work week • Major investigations or critical incidents that fall outside the scope of the normal work week
• Coverage for patrol Sergeant shift
SECTION 10 INSURANCE PLAN
The City will make available a Flexible Benefits Plan (Cafeteria Plan) to eligible employees. The following is a brief summary of benefits available as a part of the Flexible Benefits Plan. To the extent that the insurance programs detailed below continue to be available, the City will continue to offer these programs. Employees should refer to the plan documents for a complete description of benefits, coverage and limitations.

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Changes may be required from time to time to maintain the integrity of this flexible benefits plan as a lawful IRS Section 125 plan. The City and the Association agree that the City shall have the discretion to make such changes to ensure this plan is eligible for favorable treatment under the Internal Revenue Code. The City may add or remove benefit options to or from this plan during the term of this agreement. Removal of a benefit shall occur only if the benefit is deemed contrary to public law or regulation governing IRS Section 125 Benefit Plans, is no longer available by vendor, or becomes insolvent. If, during the term of this Agreement, a change in insurance plans or coverage is necessary, the City shall provide notice thirty (30) days in advance, and, upon request, meet with representatives of the Association. If, during the term of this Agreement, the premium for an insurance plan changes, the City will attempt to provide a thirty (30) day notice in advance of the rate change.

10.1. Eligibility

10.1.1. Regular, Full-Time employees will be eligible to participate in any of the City’s health insurance programs.

10.2. Health Insurance

10.2.1. CalPERS Medical Insurance Contribution
a. The City provides health insurance through California Public Employee’s Retirement System (“CalPERS”). The employee contribution may vary depending on which plan the employee is enrolled in and in which CalPERS region they reside. The City shall make a nonelective employer contribution to the Flexible Benefits Plan on behalf of each active, full-time employee in an amount which includes the Public Employees’ Medical and Hospital Act (PEMHCA) contribution.
i. At the time of this Agreement, the current Health Plan Spending Fund (HPSF) rates are:
• $2,540.00 per month – family coverage
• $2,040.00 per month – employee + 1
• $914.82 per month – employee only
ii. For the plan year effective January 1, 2025, if the CalPERS Gold health plan premiums increase above the City’s current HPSF contribution ($2,540.00 per month/family coverage, $2,040.00 per month/ employee plus one, $914.82 per month/ employee only), the City shall increase its contributions to the premium commensurate with the increase, not to exceed nine percent (9.0%).
iii. For the plan year effective January 1, 2026, if the CalPERS Gold health plan premiums increase above the City’s 2025 HPSF contributions, the City shall increase its contributions to the premium commensurate with the increase, not to exceed nine percent (9.0%) iv. For the plan year effective January 1, 2027, if the CalPERS Gold health plan premiums increase above the City’s 2026 HPSF contributions, the City shall increase its contributions to the premium commensurate with the increase, not to exceed nine percent (9.0%). b. In 2027, the Association and the City agree to reopen the Insurance Benefits Section of this Agreement to discuss future employer and employee contributions.

Council Regular Meeting, 8/6/2024, Item No. 7., Item Page 10, Packet Page 85 PLMA MOU July 1, 2024 – June 30, 2027 7

10.2.2. Medical Insurance Opt-Out
a. Employees who opt out of the City-sponsored CalPERS plan for health insurance and provide proof of alternate group medical insurance will be entitled to $300.00 per month. To qualify, an employee must provide proof of alternate group coverage to Human Resources. Alternate coverage must be acceptable by the City and compliant with the Affordable Care Act.

10.2.3. Retiree Medical Premium
a. Covered employees who retire under the provisions of the City’s contract with CalPERS are currently eligible to continue CalPERS medical coverage.

The City will make the mandatory minimum employer health premium contribution for City retirees participating in the PEMHCA. The mandatory monthly rate is established by CalPERS annually and is effective on January 1 of each calendar year pursuant to Government Code Section 22892.

10.3. Cafeteria Plan and Optional Benefits

10.3.1. In accordance with IRS Code Section 125, the City will provide a Flexible Benefits Plan (“Cafeteria Plan”) to all eligible employees. Employees may elect to participate in the following three (3) Section 125 programs offered by the City:
• Premium Conversion
• Dependent Care (IRS contribution limits apply), and
• Flexible Spending Account (IRS contribution limits apply).

10.3.2. Each of these programs will be administered in accordance with the IRS Code.

10.3.3. Consistent with applicable laws and regulations, each employee may use their HPSF for any benefits permitted by law and provided for in the Cafeteria Plan document but will not receive any remaining HPSF balance as cash. Those benefits include:
• Health insurance in accordance with PERS regulations and Federal law, • Dependent dental coverage,
• Additional life insurance, provided by the City’s insurance carrier, up to the maximum allowed by the City’s carrier,
• Dependent Care Assistance Plan (DCAP), employees will pay any administration fee for this service through payroll deductions, • Flexible Spending Account (FSA), employees will pay any administration fee for this service through payroll deductions.

10.3.4. For each month when the benefit options selected by the employee under this plan exceed the appropriate City contributions (Health Plan Spending Fund), that employee shall pay by pre or post-tax payroll deductions the full cost (100%) which exceeds the City’s contributions for that employee.

10.4. Dental/Orthodontia Insurance

10.4.1. The City provides a self-insured dental benefit. As such, the City shall pay the full cost of the employee-only dental premiums. The City shall pay the cost for employee dental insurance administered by a third-party Council Regular Meeting, 8/6/2024, Item No. 7., Item Page 11, Packet Page 86 PLMA MOU July 1, 2024 – June 30, 2027 8
administrator up to the annual maximums as detailed in the plan description. Employees are responsible for adhering to the claims process outlined in the dental plan provisions.

10.4.2. The City will provide eligible employee dependents the opportunity to participate in an open enrollment every year. An employee electing coverage for dependent(s) shall pay the full cost for dependent dental premiums rounded up to the nearest dollar.

10.5. Vision Care

10.5.1. The City provides vision care insurance and pay the full cost of premiums for employees and dependents. The plan will provide for expenses based on usual and customary rates as incurred up to the annual maximums described in the plan description.

10.6. Life Insurance

10.6.1. The City will continue to provide a $30,000.00 Term Life Insurance and Accidental Death and Dismemberment Policy for each employee covered by this Agreement.

10.6.2. Additional Term Life Insurance may be purchased by each employee through payroll deductions in increments of $10,000.00, subject to the City’s life insurance carrier’s coverage limitations. An employee may purchase additional term life insurance up to the lesser of $350,000.00 or five (5) times their basic annual earnings. The purchase of additional insurance shall be in accordance with payroll deductions procedures established by the Finance Director and the underwriting requirements of the insurance carrier.

10.6.3. Subject to the conditions of the City’s life insurance carrier, the City shall offer to employees at the time of their retirement or separation the option to convert their life insurance policy (both City-paid and employee-purchased supplemental insurance) to individual coverage at the employee’s’ expense.

SECTION 11 INTEGRATED SHORT TERM/LONG TERM DISABILITY PLAN The City shall provide a City-Paid combined insured Short Term Disability/Long Term Disability Plan (STD/LTD). In conjunction with the STD/LTD Plan, the following will apply:

11.1. Maintenance of Benefits

11.1.1. The City will continue to provide the employee HPSF, dental, vision, and life insurance, Employee Assistance Plan and participation in the medical plan for up to a maximum of one (1) year per incident, subject to the following:
• The person is an active employee; and
• The employee has at least one (1) full day in a pay status during the month (either City pay or Disability payment).

11.2. Leave Accrual

11.2.1. If, due to an industrial injury or illness, an employee is in a pay status (either City pay or Disability Payment) for the majority of the month, leave accruals (sick leave, vacation, and holidays) shall continue for the first six (6) months of the disability.

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11.2.2. If, due to a non-industrial injury or illness, an employee receives disability payments for what constitutes the majority of the month, the employee shall not accrue leave.

SECTION 12 RETIREMENT

12.1. For “Classic” employees, as defined by the PERS, hired prior to January 1, 2013, or who were employed full-time by another PERS (or reciprocal) agency within six (6) months from date of hire by the City of Monterey retirement benefits for employees shall be those established by the PERS for Local Safety Members three percent (3.0%) at age fifty (50) Formula, highest single year.

12.2. For new employees, as defined by the PERS, hired on or after January 1, 2013, retirement benefits shall be those established by the PERS for Local Safety Members

2.7% at age fifty-seven (57) Formula, highest three (3) years.

12.3. Effective January 1, 2018, “Classic” employees, as defined by the PERS, shall contribute a three percent (3.0%) additional member contribution over and above the Normal Contribution for “Classic” members toward the employer’s contribution, for a total member contribution rate of twelve percent (12.0%), which is memorialized by a 2018 contract amendment with CalPERS.

12.4. 1959 Survivor Benefit

12.4.1. Each represented employee shall be enrolled in the PERS 1959 Survivor Benefit, Indexed Level. The employer's cost for this benefit will be paid by the employees through payroll deduction. This amount is set by CalPERS each fiscal year.

SECTION 13 DEFERRED COMPENSATION — MATCH PROGRAM

13.1. The City will match up to $75.00 per pay period ($150.00 per month) of an employee’s contribution to a City Authorized Deferred Compensation Plan authorized under Internal Revenue Code Section 457. The combined contribution between the City's and the employee's contribution to the City's Deferred Compensation Plan(s) cannot exceed the maximum permitted by law.

SECTION 14 RETIREMENT HEALTH SAVINGS PLAN

14.1. The Retirement Health Savings Plan (RHSP) is a City funded health benefit savings program that allows employees to accumulate assets to pay for medical premiums and allowable health expenses at retirement (or upon meeting eligibility criteria) on a tax-free basis. The RHSP has the following components:

14.1.1. Eligibility:
i. Employee must reach at least ten (10) years of City service or more, retire or separate from City service and have reached a minimum of age fifty (50). Under certain circumstances the age requirement may be waived if the employee qualifies as disabled from work under the PERS retirement plan or under Workers’ Compensation.

14.2. The City will contribute $50.00 per month per employee to the RHSP. The City’s Council Regular Meeting, 8/6/2024, Item No. 7., Item Page 13, Packet Page 88 PLMA MOU July 1, 2024 – June 30, 2027 10
contribution and related investment results will then be provided to the employee upon separation, or retirement, as long as the employee reaches ten (10) years of City service in a sworn police position.

14.3. If an employee does not reach at least ten (10) years of City service or more, the City’s contribution and investment results shall return to the City to offset further contribution costs.

SECTION 15 GROUP LEGAL SERVICES

15.1. The City will provide a Group Legal Services Plan for employees represented by the Association through an employee-paid premium. Participation in the program shall be voluntary and consistent with the provider's requirements that the potential pool of participants must include a minimum of two hundred (200) employees.

SECTION 16 EMPLOYEE ASSISTANCE PROGRAM

16.1. The City will continue to provide an Employee Assistance Program providing counseling services to the Association membership with substantially the same benefits to which existed at the time of the Agreement.

SECTION 17 WELLNESS PROGRAM

17.1. Sports Center Pass

17.1.1. Upon complying with membership requirements, employees shall receive annual, renewable and nontransferable employee-only passes to the Monterey Sports Center in order to implement their personal fitness programs. The IRS views the employee membership as taxable income.

The details of the program shall be as outlined in "Fitness Program." Use of the Sports Center will be limited to off-duty hours.

17.1.2. Employees may apply the dollar value of the employee only pass to the Monterey Sports Center towards the purchase of a family pass to this facility. The employee shall be responsible for the cost differential between the credit value of the employee only pass and the family pass. During open enrollment each year, the employee shall be afforded the opportunity to make an election to continue crediting the value of the employee only pass towards the family pass which shall be irrevocable for the next twelve (12) months.

17.1.3. Employees electing to receive a family pass under this program shall have a payroll deduction for the cost to maintaining the family pass active from month to month based on the difference between the cost of the family pass and the employee only pass. Upon separation from the City, the family pass shall be cancelled unless the separated employee elects to maintain the pass under the same conditions available to the general public.

17.2. No Smoking/Use of Tobacco Products Policy

17.2.1. The Association and the City agree that smoking and/or the use of tobacco products is prohibited on duty and/or while on City property regardless of duty status. Violation of this policy can subject an employee to discipline.

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SECTION 18 FITNESS ACTIVITY PLAN

18.1. All Association members shall be eligible to participate in a Fitness Activity Plan where they work out off-duty (not considered work time for purposes of Workers’ Compensation injury or illness) in exchange for leave time accrued in a fitness bank.

18.2. Conditions for Qualifying

18.2.1. Employees are required to work out a minimum of 1170 minutes per quarter to accrue ten (10) hours of leave per quarter.

18.2.2. A session is considered to be any moderate or higher intensity physical activity lasting a minimum of fifteen (15) minutes to a maximum of one (1) hour.

18.2.3. Only one workout per calendar day will be counted as a session.

18.2.4. Participants will complete a Fitness Activity Log demonstrating completion of each workout, which is based on the honor system. At the end of each quarter participants will send the Fitness Activity Log to the Human Resources Department for verification of qualifying activities. The ten (10) hours of leave will be credited to the exercise incentive time bank as soon as practical and will be available for immediate use by the employee.

18.2.5. Each calendar year a maximum of forty (40) hours can be accrued in a separate exercise incentive time bank, with a maximum of eighty (80) hours allowed in this bank. The exercise incentive time bank has no cash value and the time accrued in this bank has no expiration date.

18.2.6. Leave time can only be used during those instances that do not require the expenditure of overtime or in lieu of vacation time for primary or secondary vacations.

18.2.7. Participation is voluntary and for those electing to participate, and in order to participate, the employee must sign a waiver.

18.2.8. An annual physical fitness assessment at the Monterey Sports Center, which can be used as a thirty (30)-minute workout session, will be offered.

Individual results of the physical fitness assessment will be confidential between the Monterey Sports Center and the employee.

SECTION 19 TUITION REIMBURSEMENT PROGRAM

19.1. The Tuition Reimbursement allowance may be allotted up to $2,000.00 per fiscal year per employee. Tuition reimbursement may be used to reimburse for off-duty jobrelated training and/or professional development expenses, subject to approval by the Police Chief. In determining eligible reimbursement expenses, the City's reimbursement policy, as may be amended, shall be used to determine reimbursable expenses.

SECTION 20 VACATION AND SICK LEAVE
During the term of this Agreement, vacation and sick leave shall continue to accrue and be administered in accordance with the rules and regulations in existence at the time this Agreement is implemented.

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20.1. Sick Leave Usage

20.1.1. Accrued sick leave may be utilized if the employee is required to be absent from work on account of non-job related illness or injury; routine medical or dental appointments; or for the care related to the illness or injury of the Employee and Children (biological, step, adopted, foster, legal wards, or a child to whom the employee stands in loco parentis), Parents (biological, step, adopted, foster, guardian, wards or in-laws), Spouse, Domestic Partner registered with the State and submitted to Human Resources, Grandparent, Grandchild, Brother, Sister.

20.1.2. Accrued sick leave may be used in accordance with Monterey City Code Section 25- 12.11 (Catastrophic Leave).

20.2. Sick Leave Pay Out

20.2.1. Employees who retire on a regular non-disability retirement after twenty (20) years of sworn service shall be entitled to "sell back" fifty percent (50.0%) of accrued sick leave at their regular base hourly rate of pay. If an employee elects to utilize time available to him/her under the provisions of the PERS contract for sick leave service credit, such time applied to PERS service credit cannot also be applied to the "sell back" provision under this Section.

20.2.2. In the event of a line of duty death of an employee, their estate shall be paid a sum of money equal to one hundred percent (100.0%) of the value of any accrued but unused sick leave, calculated utilizing the base rate of pay of the employee at the time of death.

20.3. Termination of Sick Leave Balances Upon Eligibility for an Industrial Disability Retirement (4850 Clause)

20.3.1. This Section shall not apply to employees represented by the Association on December 1, 1998. Such employees will retain the right to use sick leave balances upon eligibility for industrial disability retirement, when they are promoted or reassigned to a classification represented by the Association.

20.3.2. For employees hired or promoted after December 1, 1998 into a classification represented by the Association, the following will apply. Upon either the approval of an application by the employer for an industrial disability retirement, or upon the independent determination of the employer that an employee is industrially disabled, the employee shall not be entitled to use any remaining sick leave or any such remaining sick leave balance in the employee's account and, any remaining sick leave in the employee's account shall be void. This language is intended to give the employer rights to terminate sick leave under the provisions of Government Code Section 21163 as a "provision[s] of a local ordinance or resolution or the rule[s] or regulation[s] of the employer [which] provide[s] to the contrary". An application for industrial disability retirement, either employee or employer originated, shall not affect the employee's right under Worker's Compensation laws, such as any otherwise existing right to temporary disability (including Labor Code Section 4850 benefits for safety officers).

20.4. Sick Leave Use as Personal Leave
Council Regular Meeting, 8/6/2024, Item No. 7., Item Page 16, Packet Page 91 PLMA MOU July 1, 2024 – June 30, 2027 13

20.4.1. Up to twenty-four (24) hours of accrued sick leave may be taken as Personal Leave during the calendar year, so long as the employee has a minimum of one hundred and sixty (160) hours of accrued sick leave.

20.5. Vacation Entitlement

20.5.1. Employee entitlement of vacation hours shall be in accordance with Municipal Code Section 25.12.01.

20.5.2. Employees with more than twenty (20) years of service shall accrue annual vacation leave at the rate of twenty-three (23) days (184 hours) per year.

The monthly accrual rate, therefore, shall be fifteen (15) hours twenty (20) minutes.

20.5.3. Vacation shall not accrue in excess of four hundred (400) hours. Once an employee reaches this accrual limit, the employee shall not accrue additional vacation. Vacation accrual based on the employee’s accrual rates shall commence only after an employee has utilized vacation, and accrual banks are below the four hundred (400) maximum allowed.

Employees may cash-out vacation accrual in excess of three hundred and twenty (320) hours once per year, either at the end of the fiscal year or at the end of the calendar year. Exact cash out dates to be determined by Finance. Vacation accruals may be cashed out upon separation from City employment.

SECTION 21 MATERNITY AND PARENTAL LEAVE

21.1. Employees are entitled to leaves of absence for maternity, parental bonding, and pregnancy-related disability. All such leaves of absence shall be granted and compensated in accordance with State and Federal laws covering these topics, including the Pregnancy Disability Leave, Family Medical Leave Act, California Family Rights Act (CFRA) and the Fair Employment and Housing Act.

21.2. Employees taking an approved unpaid leave of absence for CFRA eligible babybonding are entitled to utilize accrued leave, including use of sick leave.

SECTION 22 ACCOUNTING FOR LEAVE EVENTS

22.1. Absence from work or duty, even if less than one day, for personal purposes or for illness or injury, shall be deducted from the employee's appropriate accrued leave bank. If insufficient leave exists in the appropriate leave bank, an absence shall be without pay for any portion not covered. It is recognized that the responsibilities and workload demands for certain positions require flexible scheduling and significantly more than a forty (40)-hour work week to accomplish. In such cases, the department head and affected employee may establish an understanding of the appropriate application of this policy based on individual circumstances.

22.2. The minimum leave that can be taken by an employee for all leave events shall be fifteen (15) minutes.

SECTION 23 HOLIDAYS
Council Regular Meeting, 8/6/2024, Item No. 7., Item Page 17, Packet Page 92 PLMA MOU July 1, 2024 – June 30, 2027 14

23.1. Holiday Benefit

23.1.1. Holiday accrual shall be eight (8) hours per holiday. If any time is taken off for holiday time in excess of this amount during a work shift, that time must be accounted for by a reduction to the employee's appropriate leave bank, which may include accrued holiday time.

23.2. Floating Holiday

23.2.1. The Association's holiday schedule shall include one (1) floating holiday per fiscal year, per employee. Employees may rollover the floating holiday to the next fiscal year.

23.2.2. In no case shall an employee be able to accrue more than forty (40) hours of accrued holiday time. There shall be no cash value for floating holidays.

The scheduling is at the discretion of the employee, subject to approval by the department head.

23.2.3. If an employee is at the forty (40)-hour maximum accrual, in a pay period when an additional floating holiday is accrued, the employee may utilize accrued holiday hours in the same pay period in order to obtain the holiday accrual. Otherwise, the employee forfeits that floating holiday.

23.3. Holiday Pay

23.3.1. For purposes of Holiday Pay compensation, Association represented employees shall be compensated in cash or holiday time off at the base straight-time rate of pay for all hours worked on a City holiday (up to eight (8) hours). Further the Association will support the City in amending its Personnel Rules (Section 25-11.06) to include Police Management employees under 25-11.06 (3). Therefore, the Subsection title for 25-11.06 (3) will read: “Police Employees—Lieutenants and Non-Management.” SECTION 24 MANAGEMENT LEAVE

24.1. Employees shall be provided with eighty (80) hours of “use it or lose it” management leave at the beginning of each calendar year. Unused time may not rollover to the next year, and there shall be no cash value for management leave time.

24.2. For those employees who are new to the Association (for example—a newly promoted Lieutenant, or one who is hired to the Lieutenant classification from another agency), the amount of provided management leave in the initial calendar year of appointment shall be prorated based on the following schedule according to hire date:
• If hired January 1 to March 31 80 hours of Management Leave • If hired April 1 to June 30 60 hours of Management Leave • If hired July 1 to September 30 40 hours of Management Leave • If hired October 1 to November 30 20 hours of Management Leave • If hired December 1 to December 31 0 hours of Management Leave Effective July 1, 2024, current Association members will be credited forty (40) hours of management leave to their bank.

SECTION 25 BEREAVEMENT LEAVE
Council Regular Meeting, 8/6/2024, Item No. 7., Item Page 18, Packet Page 93 PLMA MOU July 1, 2024 – June 30, 2027 15
Leave Usage for Death of a Family Member (Bereavement)

25.1. All employees may be authorized to use up to eighty (80) hours of accrued leave per calendar year for the death of a family member or close relation. The maximum combined allowable use of leave for the above purposes shall not exceed eighty (80) hours in any calendar year.

25.2. For purposes of determining the use of leave for death of a family member, the following definition shall be used: The employee's spouse, principal domestic partner, child, parent, brother, sister, grandparents, parents-in-law, brother-in-law, sister-inlaw, son-in-law, daughter-in-law, step-parents, step-siblings, step-children, step grandparents or grandparents-in-law.

25.3. At the City Manager or their designee’s discretion, the employee may be required to provide evidence that the leave was used for the purposes intended by this Section.

SECTION 26 VOLUNTARY UNPAID LEAVE

26.1. With advanced department head approval, an employee may take up to forty (40) hours of Management Unpaid Leave per calendar year. Such leave may be taken in fifteen (15) minute minimum increments.

26.2. Further, so long as the employee is in a paid status at least half of the month, such unpaid leave shall not result in a loss of benefits or leave accruals.

26.3. Employees exceeding this amount of unpaid leave may be disciplined for excessive leave of absence. Excluded from discipline are absences certified as protected leave of absence under State or Federal law or leave approved as a reasonable accommodation for a disability under State or Federal law.

SECTION 27 ROTATION OF ASSIGNMENT NOTIFICATION

27.1. A minimum two (2)-week (fourteen (14) calendar days) notification for rotation of assignment among the Lieutenants will be provided prior to an actual rotation in Division duties / responsibilities (Support to Police Operations or Police Operations to Support or within Police Operations). This does not preclude a temporary assignment rotation due to unforeseen or exigent circumstances.

SECTION 28 DUES DEDUCTIONS

28.1. Membership dues of the Association and such other deductions as may be properly requested and lawfully permitted shall be deducted by the City from the salary of any employee who files with the Finance Director a written authorization requesting that such deductions be made. Remittance of the aggregate amount of all dues and other proper deductions made from the salaries of employees covered hereunder shall be made to the Association by the City as promptly as practical, in conformance with City Code Section 25-16.14.

SECTION 29 PROVISIONS OF LAW
Council Regular Meeting, 8/6/2024, Item No. 7., Item Page 19, Packet Page 94 PLMA MOU July 1, 2024 – June 30, 2027 16

29.1. This Agreement is subject to all current and future applicable Federal and State laws and regulations. If any part or provision of this Agreement is in conflict or inconsistent with such applicable laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulation and the remainder of this Agreement shall not be affected thereby.

SECTION 30 FULL UNDERSTANDING, MODIFICATION AND WAIVER

30.1. This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters contained herein are hereby superseded or terminated in their entirety.

30.2. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to negotiate with respect to any subject or matter covered herein or with respect to any other matters within the scope of representation, during the term of this Agreement.

30.3. No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed by all parties.

30.4. In the event any new practice, subject or matter arises during the term of this Agreement that is within the scope of meet and confer, and an action is proposed by the City, the Association shall be afforded all possible advance notice and shall have the right to meet and confer upon request. In the absence of an agreement on such a proposed action, the City reserves the right to take necessary action by management direction.

30.5. Nothing herein shall limit the authority of the City to make necessary and reasonable changes during emergencies. However, the City shall notify the Association of such changes as soon as practicable. Such emergency assignments shall not extend beyond the period of the emergency.

30.6. The waiver of any breach, term or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

30.7. The parties hereto have caused their duly authorized representatives to execute this MOU the day, month and year noted below.

Council Regular Meeting, 8/6/2024, Item No. 7., Item Page 20, Packet Page 95 PLMA MOU July 1, 2024 – June 30, 2027 17
------------------------------------------------------------------------------------------------------------------------------- CITY OF MONTEREY: POLICE LIEUTENANTS’ MANAGEMENT ASSOCIATION:

Dated: ________________________ Dated: _________________________ ________________________________ _______________________________ Hans Uslar, City Manager Mike Bruno, PLMA President

Dated: __________________________ Dated: __________________________ _________________________________ ______________________________ Brette Neal, Human Resources Director Ethan Andrews, PLMA Vice President Dated: __________________________ Dated: __________________________ _________________________________ ______________________________ Rafaela King, Finance Director Gabe Kaster, PLMA
Council Regular Meeting, 8/6/2024, Item No. 7., Item Page 21, Packet Page 96 Council
Agenda Report
FROM: Hans Uslar, City Manager
Prepared By: Brette Neal, Human Resources Director
SUBJECT: Establish Compensation and Benefits Packages for Unrepresented Confidential Management and Non-management Employees, and Regular Part-time Employees (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

It is recommended that the City Council adopt a resolution establishing and amending the benefits and compensation for Unrepresented Confidential Management and Non-management Employees and Regular Part-time Employees.

VALUE DRIVERS:

Provide sufficient resources and support to develop, retain, and recruit a high-quality city workforce.

POLICY IMPLICATIONS:

The Assistant Finance Director, the Assistant Human Resources Director, and the Human Resources Analysts are unrepresented and confidential employees. The attached Resolution authorizes changes to their salaries and benefits for Fiscal Years 24/25, 25/26, and 26/27 consistent with the represented Management Employees’ Association (MEA).

The Human Resources Assistant and the Human Resources Specialists are unrepresented and confidential employees. The attached Resolution authorizes changes to their salaries and benefits for Fiscal Years 24/25, 25/26, and 26/27 consistent with the represented General Employees of Monterey (GEM).

Regular Part-time (RPT) employees typically have the same job duties and have been provided with matching wage increases as full-time employees in equivalent classifications. Regular Parttime (RPT) employees are scheduled to work between 20 and 30 hours per week and are limited to 1560 hours per fiscal year.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

The increase in cost over the 2023-24 base fiscal year is:

Confidential
Management
Confidential NonManagementRegular Part Time @
Max 1,560 Hours/Yr
FY 24-25 $16,015.15 $12,056.32 $29,445.35
FY 25-26 $16,655.76 $12,535.58 $30,623.16
FY 26-27 $17,321.99 $13,040.12 $31,848.09
Date: 8/6/2024
Item No.: 8.

Council Regular Meeting, 8/6/2024, Item No. 8., Item Page 1, Packet Page 97 №10/24
The cost for FY 24-25 has been included in the budget adopted at the June 4, 2024 council meeting. Amounts for subsequent fiscal years will be included in the corresponding budget years.

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:

No alternatives considered. It has been the practice of the City to provide matching wage increases to unrepresented confidential management and non-management employees and regular part-time employees that were provided to represented employees of like classifications.

DISCUSSION:

Unrepresented Confidential Management
The Assistant Finance Director, the Assistant Human Resources Director and the Human Resources Analyst are unrepresented confidential management positions. Staff is recommending these positions receive the same wage and benefit increases of the tentative agreement recently ratified by the Management Employees’ Association (MEA) and City Council to include the following:
 The term of the resolution approving the salary and benefits for unrepresented confidential management positions is from July 1, 2024 to June 30, 2027  Effective July 1, 2024, salary schedules increase as follows:
o Assistant Finance Director 6.82%
o Assistant Human Resources Director 5.39%
 After the market adjustments identified above, effective July 1, 2024, and as soon as administratively possible, the pay rates for employees shall be increased by four percent (4.0%).
 4% salary increase effective July 1, 2025
 4% salary increase effective July 1, 2026
 Deferred Compensation match increases to $150 per month  Management Leave increased to 80 hours per calendar year o An additional 40 hours will be added on July 1, 2024
 Tuition Reimbursement increased to $2,000 per fiscal year  Health Insurance employer contribution formulas remain status quo Council Regular Meeting, 8/6/2024, Item No. 8., Item Page 2, Packet Page 98 №10/24
Unrepresented Confidential Nonmanagement
The Human Resources Specialist and the Human Resources Assistant are both unrepresented confidential nonmanagement positions. Staff is recommending these positions receive wage and benefit increases similar to the tentative agreement recently ratified by GEM and City Council to include the following:
 The term of the resolution approving the salary and benefits for unrepresented confidential nonmanagement positions is from July 1, 2024 to June 30, 2027  Effective July 1, 2024, salary schedules increase as follows:
o Human Resources Assistant 2.71%
 After the market adjustments identified above, effective July 1, 2024, and as soon as administratively possible, the pay rates for employees shall be increased by four percent (4.0%).
 4% salary increase effective July 1, 2025
 4% salary increase effective July 1, 2026
 Deferred Compensation match increases to $150 per month  Tuition Reimbursement increased to $2,000 per fiscal year  Health Insurance employer contribution formulas remain status quo Regular Part-time
Regular Part-time (RPT) employees typically have the same job duties as full-time equivalent classifications, with reduced working hours. Staff is recommending these positions receive wage increases similar to the tentative agreement recently ratified by GEM and City Council to include the following:
 The term of the resolution approving the salary and benefits for unrepresented confidential nonmanagement positions is from July 1, 2024 to June 30, 2027  Effective July 1, 2024, salary schedules increase as follows:
o Accounting Assistant 2.71%
o Administrative Assistant 2.71%
o Custodian 14.09%
o Facility Attendant 3.89%
o Parking Services Representative 0.60%
o Police Recruit 0.50%
 After the market adjustments identified above, effective July 1, 2024, and as soon as administratively possible, the pay rates for employees shall be increased by four percent (4.0%).
 4% salary increase effective July 1, 2025
 4% salary increase effective July 1, 2026
HU/bn
Attachment: 1. Resolution
e: Christine Davi, City Attorney
Rafaela King, Finance Director
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.gov/Submitted-Comments
Council Regular Meeting, 8/6/2024, Item No. 8., Item Page 3, Packet Page 99 RESOLUTION NO. __-___ C.S.

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

ESTABLISHING COMPENSATION AND BENEFITS PACKAGES FOR UNREPRESENTED

CONFIDENTIAL MANAGEMENT AND NON-MAGEMENT EMPLOYEES, AND

REGULAR PART-TIME EMPLOYEES
WHEREAS, the Assistant Finance Director, the Assistant Human Resources Director, and the Human Resources Analysts are unrepresented and confidential management employees;
WHEREAS, changes to their salaries and benefits for Fiscal Years 24/25, 25/26, and 26/27 are consistent with the represented management employees (Management Employees’ Association);
WHEREAS, staff recommend the following compensation and benefits package for Unrepresented Confidential Management to include:
 This resolution is effective immediately and it terminates on June 30, 2027  Effective July 1, 2024 and as soon as administratively possible, the pay rates for the below identified classifications shall be increased as follows:
o Assistant Finance Director 6.82%
o Assistant Human Resources Director 5.39%
 After the market adjustments identified above, effective July 1, 2024, and as soon as administratively possible, the pay rates for employees shall be increased by four percent (4.0%).
 4% salary increase for all members effective July 1, 2025  4% salary increase for all members effective July 1, 2026  Deferred Compensation match increases to $150 per month  Management Leave increase to 80 hours per calendar year o An additional 40 hours of management leave will be added on July 1, 2024
 Tuition Reimbursement increase to $2,000 per fiscal year  Health Insurance remains status quo
WHEREAS, the Human Resources Assistant and the Human Resources Specialists are unrepresented and confidential employees;
WHEREAS, changes to their salaries and benefits for Fiscal Years 24/25, 25/26, and 26/27 consistent with the represented General Employees of Monterey (GEM); WHEREAS, staff recommends the following compensation and benefits package for Unrepresented Confidential Non-management to include:

Council Regular Meeting, 8/6/2024, Item No. 8., Item Page 4, Packet Page 100  This resolution is effective immediately and it terminates on June 30, 2027  Effective July 1, 2024 and as soon as administratively possible, the pay rates for identified classifications shall be increased as follows:
o Human Resources Assistant 2.71%
 After the market adjustments identified above, effective July 1, 2024, and as soon as administratively possible, the pay rates for employees shall be increased by four percent (4.0%).
 4% salary increase for all members effective July 1, 2025  4% salary increase for all members effective July 1, 2026  Deferred Compensation match increases to $150 per month  Tuition Reimbursement increased to $2,000 per fiscal year  Health Insurance remains status quo
WHEREAS, Regular Part-time (RPT) employees typically have the same job duties as full-time equivalent classifications, with reduced working hours. It has been the past policy of the City to provide matching wage increases to RPT employees; WHEREAS, staff recommends the following compensation and benefits package for Regular Part-time to include:
• This resolution is effective immediately and it terminates on June 30, 2027 • Effective July 1, 2024, salary schedules increase as follows:
o Accounting Assistant 2.71%
o Administrative Assistant 2.71%
o Custodian 14.09%
o Facility Attendant 3.89%
o Parking Services Representative 0.60%
o Police Recruit 0.50%
 After the market adjustments identified above, effective July 1, 2024, and as soon as administratively possible, the pay rates for employees shall be increased by four percent (4.0%).
• 4% salary increase effective July 1, 2025
• 4% salary increase effective July 1, 2026
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

Because the matter does not cause a direct or any reasonably foreseeable indirect physical Council Regular Meeting, 8/6/2024, Item No. 8., Item Page 5, Packet Page 101 change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that this resolution is effective immediately. It hereby authorizes the City Manager, or designee, to implement the above wage and benefit package and directs that the salary schedule be updated accordingly. This resolution expires on June 30, 2027.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/6/2024, Item No. 8., Item Page 6, Packet Page 102 Council
Agenda Report
FROM: Andrew Miller, Fire Chief
Prepared By: Cheryl Kouretas, Senior Administrative Analyst SUBJECT: Adopt a Resolution Authorizing the City Manager to Amend the Fire Services Agreement with the City of Pacific Grove to Add Emergency Medical Services to Include Advanced Life Support (ALS) Services Upon the County of Monterey’s Approval of this Expanded Service Area (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council adopt a resolution authorizing the City Manager to amend the current fire services agreement with the City of Pacific Grove to add Emergency Medical Services (EMS) to include Advanced Life Support (ALS) services upon the County of Monterey’s approval of this expanded service area. This action also authorizes the City Manager to execute an amendment to its agreement with the County of Monterey to expand the authorized ALS service area to include the City of Pacific Grove.

VALUE DRIVERS:

POLICY IMPLICATIONS:

In 2018, the County of Monterey first authorized the City of Monterey to provide ALS services within the City’s limits, the “primary service area” and outside of the City’s limits on automatic aid and mutual aid calls within the County of Monterey. This agreement has been amended three times and is in effect until January 31, 2027. (Ag-7039.) The current fire services agreement with the City of Pacific Grove (Ag-8164) requires that any amendments to the agreement must be approved by resolution of both City Councils.

Monterey City Council authorization is contingent upon reciprocal authorization by the City of Pacific Grove’s City Council. If Pacific Grove’s City Council does not adopt a resolution to amend the agreement, MFD will not increase EMS services to include ALS for the City of Pacific Grove.

Similarly, the City of Monterey’s authorization is contingent on the County of Monterey’s agreement to amend its contract with the City (Ag-7039) to specify that the ALS service area includes the City of Pacific Grove.

Date: 8/6/2024
Item No.: 9.

Council Regular Meeting, 8/6/2024, Item No. 9., Item Page 1, Packet Page 103 №10/24
CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No FISCAL IMPLICATIONS:

The City of Pacific Grove reimburses the City of Monterey for all actual direct and indirect costs incurred in providing contractual fire services to the City of Pacific Grove. By increasing contract services to include ALS services, the cost to provide services is anticipated to increase by approximately $70,000 per year. This amount includes supplies, paramedic premium pay for paramedics, certification/training costs for paramedics to maintain their licenses, costs for quality improvement/quality insurance of ALS calls, and a 10% administrative fee which will increase revenues to the City of Monterey. There will be minimal startup costs in the first year since the Monterey Fire Department (MFD) applied for and was awarded a grant for a heart monitor (valued around $24,000) in March 2024. The City of Pacific Grove will continue to reimburse the City of Monterey for all costs in providing contractual fire services, including the addition of providing ALS services.

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 decide not to authorize the City Manager to amend the Fire Services Agreement with Pacific Grove to add ALS services. This is not recommended as increasing EMS services to include ALS services benefits those who live, work, and visit the City of Pacific Grove to receive a higher level of care.

DISCUSSION:

The Monterey Fire Department (MFD) has provided contractual fire and emergency response services to the City of Pacific Grove since December 16, 2008. These services include response to fire, medical, hazardous conditions, and other emergency situations. In 2023, of the total 2,109 responses for Pacific Grove, 1,058 were for medical emergencies. A response to a medical emergency typically includes a response by one engine company staffed with three Emergency Medical Technicians (EMTs) and one ambulance staffed by a Paramedic and an EMT. The ambulance is provided by American Medical Response (AMR) under a contract with the County of Monterey. AMR staffs an ambulance that is stationed at the Pacific Grove Fire Station, but that ambulance is often dispatched to areas outside of Pacific Grove. If a medical Council Regular Meeting, 8/6/2024, Item No. 9., Item Page 2, Packet Page 104 №10/24
emergency is reported in Pacific Grove while that ambulance is outside of the area, another ambulance is dispatched; that ambulance may be coming from a considerable distance.

Monterey Fire maintains an engine company in service at the Pacific Grove Fire Station, or when that one is busy, another engine company will respond from Fire Station 12 on Hawthorne Street in New Monterey. If both engines are busy, another engine is moved into the area to be available for a call for service. Using this system, Monterey has an engine response to an emergency in Pacific Grove within six minutes over 90% of the time.

Currently, the engine in Pacific Grove is staffed with three personnel trained to the level of EMT.

Even if one or more of the personnel are trained to the level of Advanced Life Support (ALS) Paramedic, they are not allowed to provide that level of service under Monterey County EMS Agency (MCEMSA) regulations. EMTs receive about 120 hours of initial training and are trained to provide basic life support services. Paramedics receive over 1400 hours of initial training and can provide additional services such as advanced airway management, use of a non-automatic external cardiac defibrillator, initiating intravenous lines and administering medications, and other related interventions. Essentially, paramedics bring many services of a hospital emergency department to the scene of a medical emergency enabling those interventions to be provided much sooner.

The City of Pacific Grove has requested to increase the level of service from the Pacific Grove engine to include ALS services. MFD has been providing ALS paramedic services in Monterey since 2018 and has sufficient resources to transition the Pacific Grove engine from Basic Life Support (BLS) to ALS. MFD’s Paramedic ALS program has a proven track record of improved outcomes and saved lives due to the higher level of care provided by paramedics. The cost to increase services to Pacific Grove is estimated at around $70,000 and will be fully reimbursed by the City of Pacific Grove.

Increasing the level of service from BLS to ALS will both provide a higher level of care as well as a more equitable level of care throughout MFD’s response area. Since the eastern portion of Pacific Grove is closer to Monterey's Fire Station 12, which provides ALS paramedic services, some residents in Pacific Grove are already frequently receiving ALS paramedic services.

Additionally, when a paramedic engine crew is temporarily moved to the Pacific Grove Fire Station, those services are provided out of that station as well.

Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to amend the current fire services agreement with the City of Pacific Grove to increase Emergency Medical Services (EMS) to include Advanced Life Support (ALS) services upon the County of Monterey amending the agreement with the City of Monterey to expand the service area .The City Council also authorizes the City Manager to execute an agreement with the County of Monterey to expand the service area to Pacific Grove.

AM/ck
Attachments: 1. Resolution
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 8/6/2024, Item No. 9., Item Page 3, Packet Page 105 RESOLUTION NO. __-___ C.S.

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

AUTHORIZING THE CITY MANAGER TO AMEND THE FIRE SERVICES AGREEMENT WITH

THE CITY OF PACIFIC GROVE TO ADD EMERGENCY MEDICAL SERVICES TO INCLUDE ADVANCED LIFE SUPPORT (ALS) SERVICES UPON THE COUNTY OF MONTEREY’S

APPROVAL OF THIS EXPANDED SERVICE AREA
WHEREAS, the City of Monterey has been providing fire services to the City of Pacific Grove since December 16, 2008; and
WHEREAS, in 2018, the County of Monterey first authorized the City of Monterey to provide ALS services within the City’s limits, the “primary service area” and outside of the City’s limits on automatic aid and mutual aid calls within the County of Monterey. This agreement has been amended three times and is in effect until January 31, 2027. (Ag-7039.); WHEREAS, the City of Pacific Grove has requested to increase the level of service in the agreement from Basic Life Support (BLS) services to Advanced Life Support (ALS) Services;
WHEREAS, the current “Agreement to Provide Fire Services Between the Cities of Monterey and Pacific Grove” requires that the Monterey and Pacific Grove City Councils take action by resolution to amend the agreement;
WHEREAS, the cost to increase service to include ALS is estimated to be approximately $70,000 which will be fully reimbursed by the City of Pacific Grove; WHEREAS, this authorization is contingent on the County of Monterey’s agreement to amend its contract with the City (Ag-7039) to specify that the ALS service area includes the City of Pacific Grove; 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, 8/6/2024, Item No. 9., Item Page 4, Packet Page 106

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

1. The City Manager to execute an amendment to Ag-7039 with the County of Monterey to expand the ALS service area to include Pacific Grove.

2. Upon the County of Monterey’s execution of the amendment to Ag-7039 to expand the ALS service area to include Pacific Grove, the City Manager is authorized to amend the fire services agreement with the City of Pacific Grove to add Emergency Medical services to include Advanced Life Support (ALS) services (Ag-8164).

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/6/2024, Item No. 9., Item Page 5, Packet Page 107 Council
Agenda Report
FROM: Andrew Miller, Fire Chief
Prepared By: Cheryl Kouretas, Senior Administrative Analyst SUBJECT: Adopt a Resolution Authorizing the City Manager to Enter into an Agreement with the State of California Governor’s Office of Emergency Services to Accept an Assignment of a 2024 HME Type 1 Fire Engine for Mutual Aid Emergency Incident Response in the State of California (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council authorizes the City Manager, or designee, to enter into an agreement with the State of California Governor’s Office of Emergency Services (Cal OES) to accept an assignment of a 2024 HME Type 1 Fire Engine for mutual aid emergency incident response in the State of California.

VALUE DRIVERS:

POLICY IMPLICATIONS:

Cal OES assigns fire apparatus and equipment to local jurisdictions to respond to emergency incidents in the State of California. The City of Monterey Fire Department must ensure that the assigned apparatus and personnel are ready for response at all times. The Department has a positive history of timely responding to incident requests from Cal OES and will continue with timely responses with the new assigned Type 1 Engine.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: Yes.

FISCAL IMPLICATIONS:

There are no additional costs to receive the new 2024 Type 1 Engine from Cal OES. The current and new agreement requires that the City pay for any repairs up to $100.00 for each individual item of repair. Any repair items above $100.00 are the responsibility of Cal OES.

Date: 8/6/2024
Item No.: 10.

Council Regular Meeting, 8/6/2024, Item No. 10., Item Page 1, Packet Page 108 №10/24
When responding to an emergency incident, the City is reimbursed for all costs, including overtime and an administrative fee to send the apparatus and personnel to incidents.

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 enter into a new agreement with Cal OES for a new Type 1 Engine. This is not recommended as the current Type 1 Engine is in need of replacement due to age and maintenance issues.

DISCUSSION:

The City of Monterey Fire Department (MFD) currently has possession of a 2006 HME Type 1 Fire Engine from the State of California Governor’s Office of Emergency Services (Cal OES).

Cal OES transferred possession of the engine in 2010 to the City of Monterey for mutual aid emergency incident responses. The engine is housed in MFD stations and upon request by Cal OES, MFD will send the engine and appropriate personnel to respond to incidents across California. The City is fully reimbursed, including administrative fees, by Cal OES for all costs associated with sending personnel for emergency incident responses. MFD may also use the engine temporarily within its jurisdiction. For example, the Fire Department has used the engine when another engine is out of service for repairs.

Cal OES contacted the City of Monterey in May 2024 to replace the engine with a new 2024 Type 1 Fire Engine. The 2006 engine has over 70,000 miles and is due for replacement.

Having possession of a Cal OES engine is beneficial to both the City of Monterey and the State of California. The engine provides additional support to MFD’s fleet and additional revenue to the City of Monterey through the administrative fees paid for each incident. MFD has responded to nine mutual aid-requested incidents using the Cal OES engine since August 2020.

The new agreement has minimal changes from the current 2010 agreement and has been reviewed by the City Attorney’s Office.

Staff recommends that the City Council adopt the attached resolution authorizing the City Manager, or designee, to enter into an agreement with the State of California Governor’s Office Council Regular Meeting, 8/6/2024, Item No. 10., Item Page 2, Packet Page 109 №10/24
of Emergency Services (Cal OES) to accept an assignment of a 2024 HME Type 1 Fire Engine for mutual aid emergency incident response in the State of California.

AM/ck
Attachments: 1. Resolution
e: Mitch Higgins, Deputy Chief, California Governor’s Office of Emergency Services [email protected]
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, 8/6/2024, Item No. 10., Item Page 3, Packet Page 110 RESOLUTION NO. __-___ C.S.

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES TO ACCEPT AN ASSIGNMENT OF A 2024 HME TYPE 1 FIRE ENGINE FOR MUTUAL AID EMERGENCY

INCIDENT RESPONSE IN THE STATE OF CALIFORNIA
WHEREAS, the State of California has purchased fire apparatus and equipment for the purpose of responding to incidents in furtherance of the California Fire Service and Rescue Emergency Mutual Aid Plan;
WHEREAS, the City of Monterey has possession of a 2006 Type 1 Fire Engine from the State of California Office of Emergency Services (Cal OES) that is in need of replacement; WHEREAS, Cal OES is assigning a new 2024 Type 1 Fire Engine to the City of Monterey under a written agreement;
WHEREAS, the engine is housed in the City of Monterey Fire Department (MFD) and upon request by Cal OES, MFD will send the engine and appropriate personnel to respond to incidents across the state of California. MFD is fully reimbursed, including administrative fees, by Cal OES for all costs associated with sending personnel for emergency incident responses.

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

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby authorizes the City Manager, or designee, to enter into an agreement with the State of California Governor’s Office of Emergency Services to accept an Council Regular Meeting, 8/6/2024, Item No. 10., Item Page 4, Packet Page 111 assignment of a 2024 HME Type 1 Fire Engine for mutual aid emergency incident response in the State of California.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/6/2024, Item No. 10., Item Page 5, Packet Page 112 Council
Agenda Report
№08/22
FROM: Andrea Renny, P.E., PTOE, Public Works Director
Prepared By: Andrew Easterling, City Engineer
SUBJECT: Suspend Collection of the Calle Principal Maintenance District (00-01) Assessment Until Next Fiscal Year (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECOMMENDATION:

That the Council adopt the attached resolution temporarily suspending the Calle Principal Maintenance District 00-1 for Fiscal Year 24/25. This action does not dissolve the district; it only suspends collection of the assessment for one fiscal year.

VALUE DRIVERS:

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

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

POLICY IMPLICATIONS:

This action supports the Council’s value drivers of “transparent and inclusive government” by discontinuing the district in the event ballot measures may not have been received by property owners.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

Historically, the Calle Principal Street Maintenance District funds maintenance above and beyond normal maintenance activities. Because the special assessments will not be collected for the enhanced maintenance this fiscal year, the City will not be able to provide the enhanced level of services. This is a loss of $32,7894.19 that will not be collected from property owners in the district for the extra services.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 8/6/2024, Item No. 11., Item Page 1, Packet Page 113 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:

None.

DISCUSSION:

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

On February 20, 2024, the Council ordered the preparation of the Engineer's Report to establish the annual assessment for the maintenance of Calle Principal Maintenance District. At the Council’s meeting on April 16, 2024, Council received the Engineer’s Report; adopted a resolution of intention to levy assessment; and set the time for public hearing. The public hearing was set to June 18, 2024 and then later revised to July 16, 2024. To meet public noticing requirements, a legal notice and ballot must be mailed to each property owner 45 days prior to the scheduled public hearing. On May 31, 2024 at approximately 3:00pm notices and ballots were deposited in a United States Postal Service mailbox located on Hartnell Street in front of the Monterey Post Office with a posted collection time of 5:00 p.m.

Leading up to the July 16, 2024 public hearing, staff noticed the City was not receiving any ballot responses. This was not consistent with prior years when the City typically receives some written protests. Staff reached out to the Old Monterey Business Association to ask if their members could confirm if ballots were received. Out of the businesses that responded to staff’s request none reported receiving a ballot in the mail. The City has not been able to determine whether the letters were received. Although there is a presumption that once mail is deposited it is considered delivered, this presumption was rebutted by staff when it investigated and determined that the ballots may not have been received by the property owners. Therefore, the City Council did not conduct a protest hearing on July 16, 2024. There is insufficient time to redo a public hearing with a 45-day notice. Therefore, staff recommends that the City Council suspend the assessment process for this year. This does not dissolve the Calle Principal Maintenance District 00-1.

AE/ar
Attachments: 1. Resolution
e: Peter Cofresi, Executive Director, Old Monterey Business Association Council Regular Meeting, 8/6/2024, Item No. 11., Item Page 2, Packet Page 114 RESOLUTION NO. - C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY

SUSPENDING THE COLLECTION OF THE ANNUAL CALLE PRINCIPAL MAINTENANCE DISTRICT 00-1 ASSESSMENT FOR FISCAL YEAR 2024/2025 WHEREAS, the Calle Principal Maintenance District was established in 2000 to maintain improvements and fund beneficial improvements on Calle Principal; WHEREAS, the Calle Principal Maintenance District has been renewed annually and has remained in effect since the establishment of the district; WHEREAS, to renew the assessment a legal notice and ballot must be mailed to each property owner 45 days prior to a scheduled public hearing; WHEREAS, on May 31, 2024 notices and ballots were delivered to a United States Postal Service mailbox located on Hartnell Street in Monterey; WHEREAS, the City did not receive any responses, which is not consistent with previous years;
WHEREAS, staff contacted several businesses and none reported that they received a notice from the City;
WHEREAS, the City has not been able to verify if letters were received; WHEREAS, out of an abundance of caution that the notices may not have been received by the property owners, the City Council did not conduct a protest hearing on July 16, 2024 as there were no ballots received. Therefore it did not approve the recommended assessments for the Calle Principal Maintenance District 00-1;
WHEREAS, this year’s deadline to file the Resolution with the County Auditor's office is August 1, 2024, and there is insufficient time available to redo the public hearing with a 45-day notice;
WHEREAS, this action does not dissolve the district, it only suspends the collection of the assessment for one fiscal year; and
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause Council Regular Meeting, 8/6/2024, Item No. 11., Item Page 3, Packet Page 115 a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY suspends the collection of the Calle Principal Maintenance District 00-1 assessment for Fiscal Year 24/25. This action does not dissolve the district. The assessment will be reconsidered next fiscal year. Because the special assessments will not be collected for the enhanced maintenance this fiscal year, the City will not have the funding to provide the enhanced level of services.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/6/2024, Item No. 11., Item Page 4, Packet Page 116 Council
Agenda Report
№08/22
FROM: Andrea Renny, P.E., PTOE, Public Works Director
Prepared By: Andrew Easterling, City Engineer
SUBJECT: Suspend the Collection of the Alvarado Street Maintenance District 85-1 Annual Assessment this Fiscal Year (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the Council adopt the attached resolution temporarily suspending the Alvarado Street Maintenance District 85-1 for Fiscal Year 24/25. This action does not dissolve the district, it only suspends collection of the assessment for one fiscal year. The assessment district protest hearing process may be renewed next fiscal year.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

Historically, the Alvarado Street Maintenance District funds maintenance above and beyond normal maintenance activities. Because the special assessments will not be collected for the enhanced maintenance this fiscal year, the City will not be able to provide the enhanced level of services. This is a loss of $51,176.17 that will not be collected from property owners in the district for the extra services.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 8/6/2024, Item No. 12., Item Page 1, Packet Page 117 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:

None.

DISCUSSION:

The Alvarado Street Maintenance District 85-1 was established in 1985 under the 1972 Landscape and Lighting Act (Streets and Highways Code section 22500 et seq.). The purpose of the District is to make minor improvements along the length of Alvarado Street identified in the Engineer’s Report. All parcels that receive a special benefit have been identified and included in the Engineer’s Report.

On February 20, 2024, the Council ordered the preparation of the Engineer's Report to establish the annual assessment for the maintenance of Alvarado Street Maintenance District. At the Council’s meeting on April 16, 2024, the Council received the Engineer’s Report, adopted a resolution of intention to levy assessment, and set the time for a public hearing. The public hearing was set to June 18, 2024 and then later revised to July 16, 2024. To meet public noticing requirements, a legal notice and ballot must be mailed to each property owner 45 days prior to the scheduled public hearing. On May 31, 2024, at approximately 3:00 p.m., notices and ballots were deposited in a United States Postal Service mailbox located on Hartnell Street with a posted collection time of 5:00 p.m.

Leading up to the July 16, 2024, public hearing, staff noticed the City was not receiving any ballot responses. This was not consistent with prior years when the City typically receives some written protests. Staff reached out to the Old Monterey Business Association to ask if their members could confirm if ballots were received. Out of the businesses that responded to staff’s request none reported receiving a ballot in the mail. The City has not been able to determine whether the letters were received. Although there is a presumption that once mail is deposited it is considered delivered, this presumption was rebutted by staff when it investigated and determined that the ballots may not have been received by the property owners. Therefore, out of an abundance of caution that the notices may not have been received by the property owners, staff recommended that the City Council not conduct a protest hearing on July 16, 2024 and the matter was tabled. There is insufficient time to redo a public hearing with a 45-day notice. Therefore, staff recommends that the City Council suspend the annual assessment process this year. This action does not dissolve the Alvarado Street Maintenance District.

AE/ar
Attachments: 1. Resolution
e: Peter Cofresi, Executive Director, Old Monterey Business Association Council Regular Meeting, 8/6/2024, Item No. 12., Item Page 2, Packet Page 118 RESOLUTION NO. - C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY

SUSPENDING THE COLLECTION OF THE ANNUAL ALVARADO STREET MAINTENANCE DISTRICT 85-1 ASSESSMENT FOR FISCAL YEAR 2024/2025 WHEREAS, the Alvarado Street Maintenance District was established in 1985 to make minor improvements along the length of Alvarado Street; WHEREAS, the Alvarado Street Maintenance District has been renewed annually and has remained in effect since the establishment of the district; WHEREAS, to renew the assessment a legal notice and ballot must be mailed to each property owner 45 days prior to a scheduled public hearing; WHEREAS, on May 31, 2024 notices and ballots were delivered to a United States Post Office mailbox located on Hartnell Street in Monterey;
WHEREAS, the City did not receive any responses, which is not consistent with previous years;
WHEREAS, staff contacted several businesses and none reported that they received a notice from the City;
WHEREAS, the City has not been able to verify if letters were received; WHEREAS, out of an abundance of caution that the notices may not have been received by the property owners, the City Council did not conduct a protest hearing on July 16, 2024 as there were no ballots received. Therefore it did not approve the recommended assessments for the Alvarado Street Maintenance District 85-1;
WHEREAS, this year’s deadline to file the Resolution with the County Auditor's office is August 1, 2024, and there is insufficient time available to redo the public hearing with a 45-day notice;
WHEREAS, this action does not dissolve the district, it only suspends the collection of the assessment for one fiscal year; and
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause Council Regular Meeting, 8/6/2024, Item No. 12., Item Page 3, Packet Page 119 a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY suspends the collection of the Alvarado Street Maintenance District 85-1 assessment for Fiscal Year 24/25. This action does not dissolve the district. The assessment will be reconsidered next fiscal year. Because the special assessment will not be collected for the enhanced maintenance this fiscal year, the City will not have the funding to provide, and will not provide, the enhanced level of services.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
2 Council Regular Meeting, 8/6/2024, Item No. 12., Item Page 4, Packet Page 120 Council
Agenda Report
FROM: Clementine Bonner Klein, City Clerk
SUBJECT: Appoint Vice Mayor Barber as the Voting Delegate, and Mayor Williamson as the Alternate, for the 2024 League of California Cities Annual Conference -- October 16-18, 2024 in Long Beach (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council appoint Vice Mayor Barber as the voting delegate, and Mayor Williamson as the alternate, to represent the City of Monterey at the annual business meeting of the 2024 League of California Cities’ annual conference.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

The bylaws of the League of California Cities require that a city’s voting delegate and up to two alternates be designated by City Council action.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

The cost for a Member City delegate to attend the League of California Cities Annual Conference is $650 (early bird) or $700 after July 18, 2024. There are sufficient appropriations in the Mayor/City Council budget for the Annual Conference.

ENVIRONMENTAL DETERMINATION:

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

Date: 8/6/2024
Item No.: 13.

Council Regular Meeting, 8/6/2024, Item No. 13., Item Page 1, Packet Page 121 №10/24
ALTERNATIVES CONSIDERED:

The City Council could choose not to appoint a voting delegate or alternate, or select other delegates.

DISCUSSION:

The League of California Cities (“Cal Cities”) provides legislative advocacy, professional development, and educational resources for incorporated cities and towns in California, including the City of Monterey.

The Cal Cities’ Annual Conference is scheduled for October 16-18, 2024, to be held in Long Beach. The general assembly will convene on the last day of the conference for the annual business meeting in order to consider and take action on resolutions that establish Cal Cities policy. Each member city may, with the approval of the City Council, designate a city official as their designated voting delegate and, in the event that the designated voting delegate is unable to serve in that capacity, up to two alternate voting delegates.

Designated voting delegates and alternates must be registered to attend the annual conference.

A staff member can be appointed to fill the voting role in the event that no Councilmember plans to attend, or as an alternate delegate.

Vice Mayor Barber plans to attend the Cal Cities Annual Conference this year and has expressed her interest in representing Monterey as its voting delegate at the annual business meeting, and Mayor Williamson also plans to attend and is interested in being the alternate.

Attachments: 1. League of California Cities memo with Annual Conference Voting Guidelines 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, 8/6/2024, Item No. 13., Item Page 2, Packet Page 122 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 25, 2024

ATTACHMENT
Council Regular Meeting, 8/6/2024, Item No. 13., Item Page 3, Packet Page 123 For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly

ATTACHMENT
Council Regular Meeting, 8/6/2024, Item No. 13., Item Page 4, Packet Page 124 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

ATTACHMENT
Council Regular Meeting, 8/6/2024, Item No. 13., Item Page 5, Packet Page 125 Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

ATTACHMENT
Council Regular Meeting, 8/6/2024, Item No. 13., Item Page 6, Packet Page 126 Council
Agenda Report
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Janna Aldrete, Property Manager
SUBJECT: Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 171 Wharf II; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Jennifer Towsley (Monterey Fish Company); Under Negotiation: Price and Terms of Payment for New Lease Agreement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council appoint agency negotiators for a conference with real property negotiators pursuant to Government Code Section 54956.8 to discuss and provide confidential direction for price and terms of payment for a new lease agreement at the Municipal Wharf No. 2 warehouse.

VALUE DRIVERS:

POLICY IMPLICATIONS:

City Council approval is required for this type of real estate transaction. Closed session confidential review of real estate matters is allowed.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

There are no fiscal implications related to the recommendation to appoint agency negotiators.

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.

Council Regular Meeting, 8/6/2024, Item No. 14., Item Page 1, Packet Page 127 №10/24
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 decide not to appoint negotiators or appoint different negotiators. This is not recommended by staff. It is appropriate that the Council appoint agency negotiators and authorize a confidential discussion regarding the price and terms of payment for the new lease agreement.

DISCUSSION:

Monterey Fish Company (“Monterey Fish”) currently leases two spaces on Municipal Wharf No.

2. The first space consists of approximately 3,152 square feet in the warehouse in which they operate a retail fish market. The second space consists of the north pump house and the adjacent offloading area. The City Council will consider assigning the pump house lease to Cal Marine Fish Company under a separate closed session item.

The lease for the warehouse space is dated December 25, 2002 and is in a month-to-month status. Monterey Fish has requested a new lease for the warehouse space to continue operating its retail fish market under a longer-term lease.

City Council approval is required for this type of real estate transaction. Closed session discussions are allowed and appropriate for confidential direction in real estate matters of this type.

JA/ad
e: Jenn Towsley, Monterey Fish Company
Sal Tringali, Monterey Fish Company
Brian Nelson, Harbormaster
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 8/6/2024, Item No. 14., Item Page 2, Packet Page 128 Council
Agenda Report
№10/24
FROM: Brette Neal, Human Resources Director
SUBJECT: Appoint Shelline K. Bennett, Esq. as Agency Negotiator for Unrepresented City Manager and City Attorney (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 4, Section 15061)
RECOMMENDATION:

That the City Council appoint Shelline K. Bennett, Esq. as agency negotiator for negotiations with the unrepresented City Manager and City Attorney.

VALUE DRIVERS:

Provide sufficient resources and support to develop, retain, and recruit a high-quality city workforce.

POLICY IMPLICATIONS:

Government Code section 54957.6 requires that the local agency hold an open session, prior to a meeting in closed session with its negotiators, in which the agency identifies its designated labor negotiations representative.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

On June 14, 2024, the City entered into an agreement for legal services with Liebert Cassidy Whitmore to provide consulting, representation and legal services pertaining to labor and employment law, including representation in employment contract negotiations. The Fee Schedule for the consultant to conduct the evaluations is outlined in the chart below:

Title Hourly Rate
Partner $435
Senior Counsel $365
Associates $260-$345
Labor Relations/Human Resources
Consultant
$280
Paralegals $145
Date: 8/6/2024
Item No.: 15.

Council Regular Meeting, 8/6/2024, Item No. 15., Item Page 1, Packet Page 129 Title Hourly Rate
E-Discovery Specialists $145
Law Clerks $145-$185
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 appoint a different agency negotiator.

DISCUSSION:

On October 23, 2023, the City retained Shelline Bennett, Esq. with Liebert Cassidy Whitmore to assist the City Council with conducting performance evaluations of the City Manager and the City Attorney. An agency negotiator is required to discuss potential salary and benefits terms in closed session.
e: Rafaela King, Finance Director
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.gov/Submitted-Comments
Council Regular Meeting, 8/6/2024, Item No. 15., Item Page 2, Packet Page 130 Council
Agenda Report
FROM: Hans Uslar, City Manager
Prepared By: Cheryl Kouretas, Senior Administrative Analyst SUBJECT: Approve the City of Monterey’s Response Letter to the 2023-2024 Monterey County Civil Grand Jury Final Report “Monterey Fire Department: Overdue for Overhaul” (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council authorize the Mayor and City Manager to sign the attached correspondence in response to the 2023-2024 Monterey County Civil Grand Jury Final Report “Monterey Fire Department: Overdue for Overhaul.”
VALUE DRIVERS:

POLICY IMPLICATIONS:

In 2023-2024 the Monterey County Civil Grand Jury produced a final report pertaining to the operations of the City of Monterey’s Fire Department (See Attachment 1). The report contains findings and recommendations regarding the City of Monterey. The Monterey City Council is required to respond within 90 days of publication, and staff has prepared a recommended response (See Attachment 2).

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No FISCAL IMPLICATIONS:

The response to the Civil Grand Jury does not have fiscal implications.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 1, Packet Page 131 №10/24
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 elect to amend the correspondence.

DISCUSSION:

The 2023-2024 Monterey County Civil Grand Jury released a final report titled "Monterey Fire Department: Overdue for Overhaul” on May 16, 2024. The report contains findings and recommendations regarding the City of Monterey, which requires responses from Monterey City Council, Monterey Peninsula Airport District Board, Monterey County Board of Supervisors and invited responses from the Monterey Fire Chief. The draft joint response was coordinated between the City Manager’s Office, Fleet Division, and Fire Department.

Findings and recommendations in the report focused on five (5) areas:

1. Administration

2. Apparatus

3. Monterey Fire Stations

4. CAD/911 Dispatch Systems

5. Mental Health
For about six months before the release of the Civil Grand Jury’s report, the Monterey Fire Department had recognized and resolved or addressed many of the issues mentioned in the report. Prior to the release of the report, the City encouraged the Civil Grand Jury to consider updating the report to reflect the implemented measures and the current state of the Fire Department. Nevertheless, the Civil Grand Jury decided to release a report that did not reflect the substantial work that had been completed by the department in the previous six months.

The Civil Grand Jury’s report rightfully noted the need to update the Fire Department’s infrastructure, including fire stations, apparatus, and communications. The City’s fire stations have not been renovated since they were first built over sixty years ago. In January 2024, the City Manager addressed the need to rehabilitate the Fire Stations during the State of the City Address. In June 2024, the City of Monterey Neighborhood and Community Improvement Program (NCIP) voted to approve and fund projects for Fire Station 12 and 13 remodels and funds were allocated in the Capital Improvement Project (CIP) budget for FY25. In September 2024, the City Council will consider and act on the NCIP’s recommendation for funding for the Fire Station 12 and 13 remodels.

The Civil Grand Jury’s report did not acknowledge the City of Monterey’s investment in fire apparatus. Over the past four years, the City has invested over $5 million into new fire engines, ladder trucks, command vehicles and rescue vehicles. Data and analysis from the Civil Grand Jury’s report on the City’s fire apparatus and vehicles is largely inaccurate, particularly the statement that the City only has two vehicles in service that are less than five years old. The City’s recent purchases include:

Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 2, Packet Page 132 №10/24
 One new wildland engine – received in 2021 at a cost of $410,000  Two new fire engines – received in 2021 at a cost of $1.4 million  One new Heavy Rescue Fire vehicle and trailer – received in 2024 at a cost of $240,000  One new fire tiller ladder truck – ordered in 2022 at a cost of $1.72 million  One additional new fire engine – ordered in 2024 at a cost of $980,000  One new command vehicle – received in 2020 at a cost of $50,000  Two new command vehicles – received in 2023 at a cost of $156,000  One new fire prevention vehicle - received in 2019 at a cost of $23,000  Two new fire prevention vehicles – approved for purchase in 2024 at an approximate cost of $120,000
 One new fire utility vehicle - approved for purchase in 2024 at an approximate cost of $60,000
These investments total over $5 million. Other investments made by the City include mobile data computers, mobile tablets for paramedics, and more. The City has also funded and initiated updating the City’s fire station alerting systems.

The Civil Grand Jury’s report may lead the public to believe that fire service delivery by the Monterey Fire Department may be unreliable. At no point in time has this been the case and at no point in time will this be the case. The City looks forward to continuing the substantial work within the Monterey Fire Department and addressing and implementing positive change.

HU/ck
Attachments: 1. Monterey County Civil Grand Jury Report

2. City of Monterey Grand Jury Response
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, 8/6/2024, Item No. 16., Item Page 3, Packet Page 133 1 MONTEREY FIRE DEPARTMENT: OVERDUE FOR OVERHAUL
Downtown Monterey Fire Station 11 on Pacific Avenue
Source: Photograph taken by Civil Grand Juror

SUMMARY
In July 2023, the Monterey County Civil Grand Jury (CGJ) received a complaint regarding leadership, promotions, operations, vehicle and facility safety, low morale, and mental health support at the Monterey Fire Department (MFD). After receiving the complaint, the CGJ launched an investigation.

By December 2023, low morale prompted the MFD Union Local 3707 to pass a vote of no-confidence in its leadership, followed by the resignation of the Monterey Fire Chief at year-end. An interim Fire Chief was appointed in early 2024.

The CGJ discovered that despite the firefighters’ commendable job maintaining protection and exceeding national response standards, the MFD lacks support, advocacy, and funding for its current and future needs. This chronic neglect has resulted in an aging infrastructure and substandard working and living conditions. The issues requiring immediate attention include administration of policies and training programs, aging fire apparatus, outdated fire stations, communication systems such as the 911 dispatch and Computer Aided Dispatch (CAD), and mental health services for MFD personnel.

The MFD has initiated changes to address several of the issues in this report. The CGJ maintains that its recommendations are relevant to present and future MFD Administrations.

ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 4, Packet Page 134 2 BACKGROUND
The MFD was established in 1882. In 2008, Monterey, Pacific Grove, and Carmel-bythe-Sea merged their fire departments to improve efficiency. A few years later, Sand City, the Naval Postgraduate School, La Mesa Village housing, and the Monterey Peninsula Airport joined the merger.

The MFD operates six fire stations employing 85 people across a 24-square-mile area, serving approximately 55,000 people. Strategically located, the MFD's six stations ensure quick emergency response. This was confirmed in 2022 when the City of Monterey commissioned an independent firm (Citygate Associates) to conduct a comprehensive Community Risk Assessment and Standards of Cover for the MFD.

Table 1 shows the call categories which the MFD responded to.

Table 1: Number/Types of Service Calls Made to MFD
Call Type 2020 2021 2022
Rescue & Emergency Medical 4,232 4,657 5,297
Good Intent 1,350 1,392 1,569
Public Service Assistance 1,205 1,230 1,320
False Alarms 677 685 732
Hazardous Condition Standby 278 294 315
Fires & Explosions 152 137 155
Other Types of Incidents 15 27 17
TOTAL INCIDENTS 7,909 8,422 9,405
Source: Citygate 2022 Community Risk Assessment and Standards of Cover Study - Vol 1 Most calls were for Rescue & Emergency Medical services, comprising 56% of the responses. Good Intent Calls occur when firefighters arrive at a call and find no threat or problem. Public Service Assistance means firefighters were requested to provide nonemergency services such as helping people who have fallen and need assistance.

In 2022, an average of 25 calls/day were spread among the six fire stations. At this level of activity, both personnel and equipment must be in top-notch condition to provide effective service and response.

ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 5, Packet Page 135 3 The Citygate report states “In Citygate’s more than 20 years of conducting fire service deployment studies, very few client agencies have met all the key best practice response performance measures to the same degree as the Monterey Fire Department.” While consistently achieving above-average response times, the department grapples with challenges stemming from aging fire apparatus. This results in an augmented maintenance workload and staff frustration as they respond to emergencies. Constructed more than 70 years ago as places for fire personnel to live and work, the fire stations have undergone no significant renovations. Additionally, the process to access mental health support for traumatic incidents is not clear to all staff.

METHODOLOGY
The CGJ conducted multiple interviews with individuals familiar with the operations of fire departments in both Monterey and Salinas and toured facilities to gain a wider perspective of overall fire operations. The CGJ also interviewed members of various City of Monterey departments that provide services and administration for MFD.

The MFD and the City of Monterey websites were reviewed as sources of information to supplement the interviews and provide historical context. Information about the maintenance of the fire apparatus owned by the MFD and contracts, logs, policies, and procedures were obtained and reviewed.

The CGJ also examined third-party reports on MFD response and operations as well as National Fire Protection Association (NFPA) standards, a U.S.-based international nonprofit organization devoted to eliminating death, injury, property, and economic loss due to fire, electrical, and related hazards.

DISCUSSION
To ensure public safety, firefighters use physical stamina and compassion to combat fires and handle hazardous situations. Their duties include using equipment to extinguish fires, rescuing people, and assisting with cleanup at the scene of a car accident or natural disaster. Firefighters work in teams, requiring strong communication and quick decision-making, often under pressure.

ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 6, Packet Page 136 4 As of 2023, the MFD comprises 85 paid personnel across six fire stations with seven companies. Firefighting companies work a 48-hour shift and take 96 hours (4 days) off between shifts. A minimum of 22 personnel work per shift across the Department.

Administrative roles include Fire Chief, Assistant Chief, three Division Chiefs, a Training Captain, a Deputy Fire Marshal, two Part-Time Fire Inspectors, a Senior Administrative Analyst, a Fire Prevention Technician, and a Fire Inspector. Fire apparatus include seven pumping engines, two aerial tiller trucks, and various other specialized fire vehicles such as command vehicles, a fire boat, and wildland fire apparatus.

Administration
Organization
Each MFD fire company is comprised of at least three
individuals: a firefighter, engineer, and captain. The
firefighter lays hoses and fights the fire, the engineer drives the fire apparatus and runs the pumps and engine, and the captain oversees each incident. Each fire station is staffed 24 hours per day and may have one or more fire
companies. The Division Chief (DC) is responsible for
administrative duties and day-to-day operations. All the DCs report to the Assistant Fire Chief who reports to the Fire Chief.

Unlike most workers, who go to work and then go home, the fire companies live and work in the same building. They eat, exercise, study, train, and respond to calls throughout the 48 hours they are on duty.

Policies
The MFD follows policies that provide guidelines to perform its duties. These policies are constantly reviewed and revised based on best practices, state mandates, and other performance guidelines.

Source: Photograph taken by
Civil Grand Juror
ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 7, Packet Page 137 5 The MFD policies are stored in various places including paper binders, file shares, and Lexipol – an online platform that provides policy manuals, training bulletins, and consulting services to law enforcement agencies and public safety departments nationwide.

Despite selecting Lexipol as the main source for MFD policies years ago, there has not been a focused effort to centralize where all policies can be found and compliance tracked. The MFD staff expressed confusion regarding the location and correctness of policy updates.

Training
The MFD staff must be able to train effectively, not only for the day-to-day operations necessary to run the fire apparatus and address different emergencies, but also to qualify for promotions within the Department.

Certain fire apparatus requires specialized training to operate. The Aircraft Rescue and Fire Fighting (ARFF) engines used at airports are critical to airport emergency response, mitigation, evacuation, and rescue of passengers and crew involved in accidents and incidents. Operating an ARFF requires specific knowledge regarding aircraft fires and hazards. The MFD also operates a fire boat out of Monterey Harbor that has its own specialized equipment requiring training to operate properly.

Additionally, as technology continues to advance, so must the techniques and technologies for dealing with emergencies. A prime example is the recent shift in automobiles from internal combustion engines (ICE) to electric vehicles (EV). ICE fires are different from EV fires, and firefighters must learn new techniques to address these emergencies safely and appropriately.

Ongoing training programs are inconsistently delivered due to the lack of funding and resources. As noted in the Citygate report, the MFD has been understaffed in administration areas, including its training personnel.

ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 8, Packet Page 138 6 Apparatus
Engine 6473 Tiller Truck at the Downtown Monterey Fire Station 11 on Pacific Avenue Source: Photograph taken by Civil Grand Juror
The MFD provides staffing for all six fire stations but only owns the equipment, stations and fire apparatus for the three stations geographically located in Monterey. The other stations (Carmel, Pacific Grove and the airport) own their fire equipment, facilities and apparatus.

Some fire apparatus are designed for pumping water, others for aerial rescue, and still others serve as command centers without firefighting capabilities. The primary types of fire engines seen by the public are pumper trucks and aerial tiller trucks. While the MFD operates other apparatus like wildland fire vehicles, ARFF engines, fire boats, and command vehicles, this report focuses on pumper and tiller trucks, as they are more commonly used in emergencies. Pumper trucks are equipped with onboard water and chemical tanks for direct firefighting, stand-alone ladders, and other equipment. Aerial tiller trucks feature hydraulically assisted, extendable ladders capable of reaching highrise buildings or assisting in cliffside rescues. The MFD owns two aerial tiller trucks and seven pumper trucks.

ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 9, Packet Page 139 7 Fire apparatus is designated as primary or backup. A primary fire apparatus is the vehicle used first with the backup apparatus generally being an older vehicle that is only used when the primary is on-site at an emergency or in the shop for repairs. Fire vehicles have three ways to measure their age: year, mileage, and engine hours, often referred to as PTO (Power Take Off).
◼ Years are measured by the manufacture date
◼ Mileage is the number of road miles traveled
◼ Power Take Off (PTO) is the length of time the engine has run A pumper truck arriving at the scene of a fire may be parked, but its engine is left running to provide power (PTO) to drive the water pumps and floodlights. An engine may only travel short distances, but if its engine is constantly running to fight fires, it wears down.

The National Fire Protection Agency (NFPA) provides guidelines determining when fire apparatus should be replaced and states that fire apparatus:

Should respond to first alarms for the first 15 years. For the next 5 years, be in reserve status for use at major fires or as a temporary replacement for out-ofservice first line apparatus.

Be retired at 20 years of age, unless the apparatus meets the recommended annual, service and acceptance level tests and has been deemed in excellent mechanical condition.

The City of Monterey maintains its own Vehicle & Equipment Replacement Policy with guidelines as to when vehicles should be replaced. The policy states that vehicles with Gross Vehicle Weight Rating (GVWR) of 16,001 – 26,000 (which includes all the fire apparatus) should be replaced at:
◼ Trucks, Vans, and SUVs: greater than 15 years old or 100,000 miles ◼ Tractors, Backhoe, Equipment: greater than 20 years old or 4,000 PTO Hours ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 10, Packet Page 140 8 Table 2 lists the year, mileage and PTO of the MFD-owned pumper/tiller apparatus as of Nov 2023.

Table 2: Fire Apparatus Age/Mileage/PTO
Engine Make Type Year Age Mileage PTO Replace
235 Pierce Pumper 2010 14 136,804 15,843 Y
6411 Pierce Pumper 2015 9 83,159 10,414 Y
6412 Hi-Tech Pumper 2001 23 150,334 14,657 Y
6413 Hi-Tech Pumper 2002 22 138,604 15,843 Y
6416 Pierce Pumper 2008 16 85,389 7,303 Y
6418 Pierce Enforcer Pumper 2020 4 19,423 2,120 N
6420 Pierce Enforcer Pumper 2020 4 27,070 2,648 N
6471 KME Tiller 2008 16 11,6814 13,076 Y
6473 American LaFrance Tiller 1998 26 25,679 3,082 Y
Source: Compiled from City of Monterey Fleet Repair Records Table 2 does not include the specialized apparatus such as the Wildland Fire Engines or the 19-year-old fire boat. For the nine MFD fire apparatus engines listed above, the average is 15 years old with 87,000 miles and 9,400 engine hours. The oldest vehicle in use is 26 years old. Only two of the current vehicles in service are less than five years old.

By either the City of Monterey Vehicle & Equipment Replacement Policy or the NFPA Standards, nearly three-quarters of the MFD apparatus fleet meet the requirements for replacement.

Additionally, the fire apparatus for Monterey Peninsula Airport District (MPAD), Carmel, and Pacific Grove not owned by the MFD are also beyond the NFPA standards of 15 years as a primary vehicle and 20 years as a backup.

The MFD has two new fire pumper engines and a new tiller truck on order, but they are not scheduled for delivery for the next one or two years, due to supply chain and backorder issues. When they are eventually delivered, the MFD will still own several apparatus well beyond their recommended lifespan. The CGJ found no line items exist in the FY2023-24 budget to continue the replacement of aged fire apparatus.

ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 11, Packet Page 141 9 Even after the new fire apparatus arrive and are certified, the MFD will need to replace additional fire apparatus to bring the fleet up to NFPA standards. Fire companies are often forced to respond with the backup apparatus due to safety or repair issues with the primary equipment. The City of Monterey fleet repair yard maintains a 1-6 priority scale to rate the severity of an issue with a vehicle. “Priority 1” repairs take the fire apparatus completely out-of-service. The apparatus cannot be used until the Priority 1 repair is completed.

Table 3 shows the frequency of repairs over the last three years on the Monterey Fire Apparatus specifying total repairs requested and the number of repairs that were designated as Priority 1.

Table 3: Service/Repair Calls for Monterey Fire Apparatus Year All Repairs Priority 1 Repairs
2021 23 3
2022 60 7
2023 152 25
Grand Total 251 35
Source: Compiled from City of Monterey Fleet Repair Records These figures reflect a fleet that is suffering from an increasing rate of breakdowns due to age and wear. This leads to increased response times and/or calls for mutual aid from surrounding jurisdictions. Mutual aid refers to emergency calls that require assistance from non-MFD fire stations based on proximity.

At the time of this report, one-quarter to nearly half of all fire apparatus were out of service or in some state of disrepair. Additionally, only one certified mechanic in Monterey’s Public Works Department can repair specialized fire apparatus. Other mechanics, in addition to MFD engineers, can assist and perform minor maintenance (adding oil, fixing light bulbs, etc.), but only one certified fire mechanic is on staff. This mechanic also works on other Public Works vehicle repairs issues but does not receive a classification revision or additional compensation reflecting this specialized workload.

ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 12, Packet Page 142 10 As vehicles age, more repairs are needed to keep them safe and roadworthy. Between having a single certified mechanic, as well as supply chain issues, some of these repairs can take weeks or even months. The supply chain problem is exacerbated as specialized fire vehicles require unique, vendor-specific parts with long delivery lead times.

Monterey Fire Stations
From Left: #11 Pacific Street, #12 Hawthorne Street, and #13 Del La Vina Source: Photograph taken by Civil Grand Juror
The CGJ toured the three fire stations owned by the City of Monterey and the recently opened MPAD fire station. The MPAD fire station is a new, state-of-the-art facility owned by the airport. At all three fire stations, the City of Monterey needs to strive to provide functionality and cleanliness similar to the MPAD fire station.

The three MFD stations located in the City of Monterey were built in the 1950s. Station 11 (600 Pacific Street) was built in 1959. Stations 12 (582 Hawthorne Street) and 13 (501 Dela Vina Avenue) were built in 1951.

No major remodeling of any of the Monterey stations has taken place since they were built. The stations are the living and working quarters for the fire companies 24 hours a day. With groups of people rotating through, living and working together in the same facilities for seven decades, the facilities are in dire need of major renovation and/or replacement.

The City of Monterey has inspected certain areas of the buildings for asbestos piping, but no comprehensive assessment for potentially hazardous building materials in the three fire stations has been performed. Building codes have evolved considerably since ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 13, Packet Page 143 11 the fire stations were constructed as have the fire vehicles and their storage and maintenance requirements.

Many issues are not only cosmetic but potentially hazardous:
◼ peeling, flaking, possibly lead-based paint on windowsills, walls, and ceilings ◼ bubbled paint on freshly painted walls due to water leaks ◼ and outdated or malfunctioning heating ventilation (HVAC) systems that need to be supplemented by numerous electric space heaters.

Station 13 has an attached rotted, unsafe training tower that has been unusable for years. The fire stations often house workout equipment in the same space as the fire engines. Any aerosol chemicals left on the engines can potentially contaminate that equipment and harm the firefighters as they exercise. In conclusion, all the Montereyowned fire stations are profoundly outdated and pose significant health risks.

Monterey Airport Fire Stations
Aircraft Rescue and Fire Fighting (ARFF) Engine AR16 at the new North Side MPAD Fire Station Source: Photograph taken by Civil Grand Juror
The Monterey Peninsula Airport District (MPAD) owns and manages the newly constructed airport fire station and its fire apparatus and equipment. The MFD only provides personnel to work the fire apparatus.

ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 14, Packet Page 144 12 The MPAD fire station serves the airport with specialized ARFF equipment to fight aircraft fires and handles emergencies inside the terminal and on airport grounds. At the time of this report, some vital communication systems (the 911 alert system and “crash phone”) were not fully operational.

The MPAD fire station, built in late 2023, is on the north side of the airport. The old fire station was on the south side of the airport, close to Garden Road and Highway 68. It was demolished to make room for the new terminal project, a component of the overall Monterey Regional Airport Safety Enhancement program.

Since 2014, the MFD has used a cost-sharing service model with the airport whereby the MFD uses the airport fire station to respond to fire and emergency calls both onairport and off-airport grounds.

When the airport fire station was
relocated to the north side and
the former south side fire station
demolished, the MFD was left
without a 24-hour fire station to
serve the Fisherman’s
Flats/Ryan Ranch/Hwy 68
neighborhoods quickly.

This situation was partially
addressed by relocating the
airport fire company to a
modular trailer set in a side parking lot across from the upper short-term parking area on the south side of the airport. The MFD owns the trailer and MPAD owns the parking area.

Per the contractual agreement to provide fire services between the City of Monterey and MPAD, the south-side modular trailer is staffed by the MFD between the hours of 8:00 a.m. and 7:59 p.m. When the south-side modular trailer is closed, the MFD personnel and fire apparatus are relocated to the new north-side station.

Engine 16 at the MFD South-Side modular trailer
Source: Photograph taken by Civil Grand Juror
ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 15, Packet Page 145 13 Emergency responses at night to Fisherman’s Flats, Ryan Ranch, Highway 68, and other areas are dispatched from the new north-side station or other MFD stations. This adds an additional 4-8 minutes to any emergency call. Delays of several minutes put the public at risk and can lead to serious medical complications or potentially loss of life.

The CityGate report also noted that the north-side station "...will impact the Department’s response capacity and related response performance to the eastern areas of the City outside the airport grounds."
Besides the slower nighttime response, other major issues with this modular trailer setup exist. While MFD personnel at the modular trailer have access to the new northside station for repairs, sleeping, showering and some changing, it is a 20+ minute round trip between the two sites, reducing the time that fire company is available.

The MFD personnel who work daytime hours at the modular trailer lack many of the necessities to perform their jobs. No fire apparatus shelter, no potable water, and no decontamination changing or storage areas for turnout gear outside the trailer. Turnout gear is heavy, chemically treated, fire-retardant outer clothing that firefighters wear when they are called to duty. The south-side modular trailer:
◼ Provides no indoor decontamination changing area forcing the male and female firefighters to change into and out of their gear outside in public view ◼ Has no provision for a dry storage area to store it except in the apparatus or in the living area
This is a violation of the NFPA standard which states that turnout gear must “… not be worn or stored in the living areas of fire department facilities.” Most important to the MFD personnel stationed at the airport, the modular trailer is a temporary solution with no permanent solution in sight. This situation further demoralizes the MFD personnel.

ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 16, Packet Page 146 14 CAD/911 Dispatch Systems
Computer Aided Dispatch alert system in Monterey Fire Station 12 Source: Photograph taken by Civil Grand Juror
The MFD is dispatched to emergency calls via the 911 Dispatch Center run by the County of Monterey. As the 911 Center is notified of an emergency, a radio-link communication system is activated to alert the fire stations of an incoming call. These alerts play a series of tones. When a specific station is being dispatched, a specific set of tones is played over loudspeakers to alert that fire station’s personnel. This process is referred to as being “toned out.”
The Computer Aided Dispatch (CAD) system that operates out of the 911 Center determines where the emergency call is geographically located and then dispatches the closest fire company to respond to the emergency. The CAD system is aware of the location of all fire apparatus and their current state (on a call, ready, out-of-service, etc.). Each fire station has one or more CAD system display screens that describe all MFD emergency calls. Each fire apparatus is also equipped with a dashboard computer screen that displays information emanating from the CAD system. Responding engines get further updates, traffic guidance, and communications from the 911 Center such as calls for additional aid.

ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 17, Packet Page 147 15 Station mounted CAD system display Vehicle mounted CAD system display Source: Photographs taken by Civil Grand Juror
The CAD system mounted in the apparatus frequently malfunctions, forcing firefighters to rely on radios and handheld GPS devices to provide updates to emergency calls.

During daytime hours, all MFD stations hear all alerts for the Monterey area – but only dispatch if their specific station’s tone is used. When a station company hears its tone over the loudspeaker, followed by an often-inaudible announcement, they spring into action. They alert the 911 Center that they are responding, suit up, open the bay doors, take their places in the vehicle and roll out of the station – generally in under one minute. As previously noted in the Citygate report, MFD is onsite for the emergency in under 7½ minutes, putting them above the best-practice response time.

The communication between the 911 Center and the fire stations is over a radio-link communication rather than a modern digital system. When multiple stations are required to respond, each station must be toned out one at a time, causing a delayed response as all stations are toned out prior to the announcement. If the current radio-link to the station alert system fails, dispatch reverts to using a telephone call to the station to alert them of an emergency.

According to members of both the Monterey and Salinas Fire Departments, a modernized network dispatch system would be far more efficient than the current radiolink network. The County already has such a system called NGEN (Next Generation).

The current radio-link with telephone backup system for alerting fire stations functions but is several decades old and slows response times and dispatch-to-station ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 18, Packet Page 148 16 communications. The MFD fire station dispatch and alerting system currently lacks the interface to utilize the County NGEN system. Tying the dispatch alert system into the NGEN system would provide the capability to alert multiple fire stations simultaneously and shorten response times.

Mental Health
Firefighters are expected to
be calm, level-headed, and
able to face even the most
challenging situations with
courage. However, this
expectation can take a toll on
their mental health. Research
indicates that many firefighters
have experienced mental health issues such as PTSD, anxiety, depression, and suicidal thoughts. Therefore, it is critical to provide mental health resources and suicide prevention initiatives for all firefighters. Early detection, access to culturally competent, trauma trained mental health specialists, and proper screening can help reduce the effects of post-traumatic stress. Fire service leaders note that some firefighters believe that they are expected to “tough it out.” They ignore personal issues because asking for help may indicate weakness or put their jobs in jeopardy. Therefore, raising awareness of mental health in the fire service is crucial to encourage firefighters to seek treatment at the first sign of a problem.

In a 2018 nationwide survey of 7,000 firefighters, 95% felt incredibly stressed, and 81% said they feared being seen as weak or unfit for duty if they asked for help. To combat these alarming numbers, several fire departments in California (Los Angeles, El Cajon, Santa Rosa, among others) have worked with agencies to provide specially-trained therapy dogs to accompany officers and live at the station. The Salinas Fire Department uses facility dogs to provide mental support for its firefighters, and the program has proven quite effective and popular.

Sign inside Fire Station 11 on Pacific Street, Monterey Source: Photo taken by Civil Grand Juror
ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 19, Packet Page 149 17 Mental health services are made available to MFD through the City of Monterey’s Human Resources Department, the County of Monterey’s Behavioral Health Services, and a Licensed Marriage and Family Therapist (LMFT) contracted with the City of Monterey. Although MFD staff were generally aware that mental health services existed, most were unaware of how to receive them.

After Action Reviews (AARs) are intended to analyze intended outcomes versus actual outcomes at an incident and identify ways to improve. After a fire company responds to an emergency, producing an AAR helps the firefighters analyze their techniques and knowledge by documenting lessons learned.

When MFD responds to an emergency that is particularly traumatic (vehicle accident involving minors, firefighter injury, etc.) fire departments use their Critical Incident Stress Management (CISM) policy to help the firefighter company cope with the post-traumatic stress brought on by the incident.

At the time of this report writing, both the MFD AAR and CISM policies are in a draft format in Lexipol. These policies need to be finalized and adopted throughout the department so that all firefighting staff understand the processes designed to support them.

ACKNOWLEDGMENT
This report has been prepared to identify issues and to offer recommendations. The CGJ is aware that some of its findings are currently being addressed by the City of Monterey and the MFD.

FINDINGS
Administration
F1. During its interviews and tours, the CGJ found that firefighters are uniformly committed to the mission of public safety.

F2. The City of Monterey has not addressed the issues of aging facilities, increasingly failing fire apparatus, and timely follow-through on mental health services all leading to low staff morale and public endangerment.

ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 20, Packet Page 150 18 F3. The transition to a consolidated set of policies has not been a priority of the MFD Administration, leading to confusion among staff.

Apparatus
F4. The MFD is not adhering to its Vehicle & Equipment Replacement Policy as threequarters of the fire apparatus is at or beyond its lifecycle replacement. This has resulted in a doubling of the repair frequency over the past three years, increasing the workload of the City's Public Works Department, and affecting apparatus availability for emergencies, thus endangering the public.

F5. The MFD’s primary tiller truck has been out-of-service for nearly a year and the 25- year-old backup tiller truck has frequent breakdowns often leaving the MFD without an operable 100-foot ladder causing the need to call for mutual aid from other fire departments.

F6. Having only one certified fire apparatus mechanic serving the Monterey fleet hampers quick repairs and puts the MFD at risk of not having the proper equipment in service to respond to emergencies thus endangering the public.

Monterey Fire Stations
F7. All Monterey-owned fire stations are in a significant state of disrepair. Years of neglect and normal wear have resulted in unsafe and unsanitary living and working conditions and contribute to the low morale for MFD personnel.

F8. Station 13 and the daytime airport south-side modular trailer currently rely on audio alerts with no visual information on 911 calls unlike other Monterey Fire stations limiting available information on the emergency.

F9. The extent of the deterioration of the Station 13 training tower is a danger to the station, its firefighters, and the parking area immediately adjacent.

F10. Most MFD firefighter companies work and live in 70-year-old facilities that have not been thoroughly tested for hazardous building materials potentially endangering their health and safety.

F11. Responding from the new airport north-side station increases the response time to serve the Fisherman’s Flats/Ryan Ranch/Hwy 68 neighborhoods putting public safety at risk.

F12. Firefighter companies at the airport south-side modular trailer do not have access to safe inside changing and storage areas for their turnout gear, violating NFPA standards and causing potential harm and distress for firefighters.

F13. Fire engines at the airport south-side modular trailer are exposed to the weather hastening deterioration and increased costs for repair or replacement.

F14. No potable water is available inside the south-side modular trailer, compromising the health and safety of the firefighters who work there during daytime hours.

ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 21, Packet Page 151 19 CAD/911 Dispatch Systems
F15. The MFD currently relies on an outdated two-tone paging system for alerts.

Upgrading to a modern Fire Station Alerting system would enhance response times for multi-station emergency calls and bolster public safety.

F16. Unreliable CAD software and hardware in the fire apparatus and stations forces firefighters to rely on less comprehensive systems to respond to calls efficiently.

Mental Health
F17. The MFD does not utilize facility dogs that have been successfully used to enhance wellbeing for first responders and build positive relationships in the community.

F18. Some MFD staff are unaware of the process to access a City-contracted Licensed Marriage Family Therapist or County Behavioral Health Department personnel which compromises their mental wellness.

F19. The MFD policies for After-Action Reviews and Critical Incident Stress Management are in draft form leading to confusion or misinterpretation by MFD personnel.

RECOMMENDATIONS
Administration
R1. No recommendation needed.

R2. The City of Monterey formalizes its multi-year strategic plan for the MFD that addresses: updating facilities, replacing apparatus, training firefighter staff, and ensuring that the mental health service policy is clearly defined by December 31, 2024.

R3. The MFD Administration consolidates all MFD policies into a single unified system by September 30, 2024.

Apparatus
R4. The MFD Administration aligns its Monterey Vehicle & Equipment Replacement Policy with NFPA Standards for apparatus replacement by September 30, 2024.

R5. The City of Monterey funds the repair of the primary MFD aerial ladder making it operational by October 31, 2024.

R6. The City of Monterey develops a hiring plan or internship program to maintain sufficient certified and appropriately compensated fire mechanics commensurate with the number of fire apparatus by October 31, 2024.

ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 22, Packet Page 152 20 Monterey Fire Stations
R7. The City of Monterey develops a schedule to begin upgrading, renovating, or replacing the MFD fire stations by December 31, 2024.

R8. The City of Monterey ensures that all visual 911 Center alert system boards function at all MFD stations, including the south-side modular trailer by August 31, 2024.

R9. The City of Monterey immediately red-tags and develops a plan to repair or demolish the Station 13 training tower by October 31, 2024.

R10.The City of Monterey performs a comprehensive assessment to identify potentially hazardous building materials in all MFD fire stations by December 31, 2024.

R11.The City of Monterey creates a plan for a permanent fire facility to provide faster, 24-hour emergency response coverage for the communities near the Highway 68 corridor by December 31, 2024.

R12.The City of Monterey, MFD and MPAD Administration collaborate to provide safe and private decontamination changing and storage areas for turnout gear at the airport modular trailer to comply with NFPA standards by October 31, 2024.

R13.Until a permanent facility is constructed, the City of Monterey collaborate with MPAD to provide a protective structure for the fire apparatus at the south-side modular trailer by October 31, 2024.

R14.The City of Monterey provides a potable water source for the south-side modular trailer by November 30, 2024.

CAD/911 Dispatch Systems
R15.The City of Monterey and MFD Administration collaborate with the County of Monterey to implement a plan and timeline for upgrading to a modern Fire Station Alert system by December 31, 2024.

R16.The City of Monterey ensures all CAD software/hardware is consistently operational in all fire apparatus and stations by November 30, 2024.

Mental Health
R17.The MFD Administration conducts a study to gauge the interest and feasibility of MFD personnel obtaining one or more facility dogs by August 31, 2024.

R18.The City of Monterey posts at each fire station information regarding the availability of the contracted Licensed Marriage Family Therapist by July 30, 2024.

R19.The MFD Administration finalizes and distributes the AAR and CISM policies ensuring that every critical incident is reported, and after-action mental support services are made available by October 31, 2024.

ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 23, Packet Page 153 21 REQUEST FOR RESPONSES
The following responses are required pursuant to Penal Code sections 933 and 933.05:

From the following governing bodies within 90 days of the publication of this report:
◼ Monterey City Council
o Findings: F1 to F19
o Recommendations: R1 to R19
◼ Monterey Peninsula Airport District Board
o Findings: F12 to F13
o Recommendations: R12 to R13
◼ Monterey County Board of Supervisors
o Findings: F15
o Recommendations: R15

INVITED RESPONSES
From the following individual:
◼ Monterey Fire Chief
o Findings: F1 to F19
o Recommendations: R1 to R19
Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury.

GLOSSARY & ACRONYMS
Acronym / Phrase Definition
AAR
Aerial ladder truck
After Action Review
A fire apparatus with a self-extending ladder used for high-rise rescues and able to extend a hose over a roof to fight fires from above
ARFF Aircraft Rescue and Fire Fighting
ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 24, Packet Page 154 22 Apparatus Any vehicle that has been highly customized for use during firefighting operations (aka “fire truck” or “fire engine”) Automatic aid Assistance dispatched automatically by contractual agreement between two communities or fire districts to all first alarm structural fires
CAD Computer Aided Dispatch
Computer system utilized by dispatchers, call-takers, and 911 operators to prioritize and record incident calls, identify the status and location of responders in the field, and effectively dispatch responder personnel
Captain A member of a fire company that is in overall charge CGJ Civil Grand Jury
CISM Critical Incident Stress Management
Citygate Associates A public sector consultancy dedicated to “The Business of Better Government”
Crash phone Direct alerting phone from airport tower to the airport fire station DC Division Chief
The commander in overall charge of administrative duties of a single shift of multiple fire companies
Engineer A member of a fire company that drives the apparatus and manages the apparatus’ pressures and gauges
EV Electric Vehicle
FAA Federal Aviation Administration
Fire chief The commander in overall charge of the entire Fire Department Fire company A Captain and one or more Engineers and Firefighters organized and equipped to extinguish fires and respond to Public Safety emergencies
ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 25, Packet Page 155 23 Fire engine /
fire truck
A generic term for any fire apparatus
Firefighter A member of a fire company that manages the hoses and fights the fire and sometimes used as a generic term to mean any fire department emergency responder
GVWR Gross Vehicle Weight Rating
HVAC Heating, ventilation, and air conditioning
IAFF International Association of Fire Fighters
ICE Internal Combustion Engine
Ladder truck A fire apparatus that carries ladders and is also called an aerial ladder truck
LMFT Licensed Marriage and Family Therapist
MFD Monterey Fire Department
MPAD Monterey Peninsula Airport District
Mutual aid Assistance that is dispatched, upon request, by the responding fire department
NFPA National Fire Protection Association
NGEN Next Generation radio network
PPE Personal Protective Equipment (aka turnout gear)
Chemically treated clothing designed to protect firefighters from the heat, fire, smoke and chemicals encountered during a fire emergency
PTO Power Take Off
Equipment that diverts power from the fire apparatus wheels to the pumps and hydraulics onboard
ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 26, Packet Page 156 24 Pumper truck An apparatus that pumps water and carries hoses and has an internal water tank or can connect to a fire hydrant for water

BIBLIOGRAPHY
Community Risk Assessment and Standards of Cover Study
https://monterey.org/Document%20Center/Fire/Administration/Vol1-Monterey-CRASOC-Study-Technical-Report-22_0429.pdf MFD Response Statistics
https://monterey.org/city_hall/fire/about/response_statistics.php#collapse1850b0 National Data Shows Firefighters' Mental, Emotional Health Not Getting Enough Attention
https://www.nbcphiladelphia.com/news/local/new-jersey-pennsylvania-firefightersmental-emotional-health-not-getting-enough-attention/55822/

APPENDIX
Appendix A - Supplemental Fire Station Photos
Appendix B - City of Monterey 2023-24 Facility Facts

DISCLAIMER
One Civil Grand Juror recused themselves from all meetings and discussions regarding this report and abstained from voting on its approval.

ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 27, Packet Page 157 Appendix A - Photos Illustrating Conditions in Monterey Fire Stations A‐1
The following photos were taken by Civil Grand Jury members during Monterey Fire station tours.

They are meant to better illustrate the condition of the fire stations in which the firefighting companies work and live.

Station 11 (Pacific Street)
Old stove/countertop damage Exercise gear used and stored in fire engine garage Worn out carpeting Chipped/worn out kitchen cabinetry

ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 28, Packet Page 158 Appendix A - Photos Illustrating Conditions in Monterey Fire Stations A‐2
Station 12 (Hawthorne)
Bubbling paint after two weeks Poor condition of fire pole landing pad Window sill paint peeling Kitchen area windowsill
Living area Kitchen paint flaking/peeling
ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 29, Packet Page 159 Appendix A - Photos Illustrating Conditions in Monterey Fire Stations A‐3
Station 13 (DeLa Vina)
Abandoned training tower View inside abandoned training tower View inside abandoned training tower
Workout equipment in vehicle storage area

ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 30, Packet Page 160 Appendix A - Photos Illustrating Conditions in Monterey Fire Stations A‐4
Station 16 (Airport) Modular Trailer
Modular trailer “fire station” at airport Working area inside modular trailer Alert system in modular trailer Non-potable water supply Sign above sink Septic system for modular trailer
ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 31, Packet Page 161 monterey.org/budget
Brought to you by the City of Monterey Fiscal Health Response Plan Information as of June 2023
BUILT: 1967
Lighthouse
Tunnel
BUILT: 1959
Public Safety
Facility -
Police and Fire
1947, 1955,
1958, 1962, 1992
5 Community
Centers -
built:

UPGRADE NEEDS
COST

EXCEEDS
$130

MILLION

FACILITY
FACTS
CITY OF MONTEREY, 2023 -2024

REPAIR/REHAB/

REGULATORY

MANDATES
Storm Water
System
BUILT: 1952
Monterey
Public Library
BUILT: 1992
Monterey
Sports Center -
rehab reserve
needed

REHAB RESERVE
NEEDED
Monterey
Conference
Center
BUILT: 1951
Fire Stations
12 & 13
BUILT: 1934
City Hall
Campus -
580 Pacific St.
1971 & 1979
4 Parking
Garages -
built between:

AVERAGE AGE

OF CITY FACILITIES
= 60 YEARS
1970's - 1980's
WHARVES:
1913 & 1926
Harbor Office
Seawall
Wharves I & II
ATTACHMENT 1
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 32, Packet Page 162 August 7, 2024
The Honorable Judge Stephanie E. Hulsey
Judge of the Superior Court
c/o Office of the County Counsel
Attention: Sandra Ontiveros
168 W. Alisal Street, 3rd Floor
Salinas, CA 93901
Re: 2023-2024 Monterey County Civil Grand Jury Final Report – “Monterey Fire Department:

Overdue for Overhaul”
Dear Honorable Judge Hulsey,
This letter is in response to the Monterey County Civil Grand Jury Final Report – “Monterey Fire Department: Overdue for Overhaul” pursuant to Penal Code sections 933 and 933.05. The responses contained in this correspondence were approved by the Monterey City Council at its regular meeting on August 6, 2024.

On behalf of the Monterey City Council, I would like to assure you that the City of Monterey is very invested in ensuring the Monterey Fire Department (MFD) continues its tradition of delivering high-quality and responsive emergency services to the community. The City of Monterey appreciates the Civil Grand Jury’s work and looks forward to continuing to work with members of the Monterey Fire Department in addressing and implementing positive change.

The City of Monterey’s responses to the report’s findings and recommendations are below. The actual report language is displayed in bold type for readability.

Administration
Finding F1. During its interviews and tours, the CGJ found that firefighters are uniformly committed to the mission of public safety.

The City of Monterey agrees with this finding.

Recommendation R1. No recommendation needed.

The City of Monterey agrees.

Finding F2. The City of Monterey has not addressed the issues of aging facilities, increasingly failing fire apparatus, and timely follow-through on mental health services all leading to low staff morale and public endangerment.

ATTACHMENT 2
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 33, Packet Page 163 ATTACHMENT 2
2 The City of Monterey partially disagrees with this finding. As described below, the City of Monterey has been addressing the issues of aging facilities, apparatus, and mental health services. As noted in Finding F1, MFD’s firefighters are uniformly committed to the mission of public safety, and at no time has the public been endangered.

Aging Facilities: On February 15, 2024, the City Manager emphasized the need to fund the rehabilitation of City infrastructure, including fire stations, during the State of the City Address. The City’s neglect of its aging facilities has been evident, and the City’s funding of facility repairs and rehabilitation has been a focus for city management and elected officials over the past year. In recent years, City officials have expressed a need to manage operational costs and invest in existing facilities before expanding facilities or programs. In June 2024, the City of Monterey’s Neighborhood and Community Improvement Program (NCIP) voted to recommend the repair and remodel of Fire Stations 12 and 13 as NCIP projects for the upcoming year. The item will be presented before the City Council in September 2024 for final authorization. In addition, funds were allocated in the Fiscal Year 2024-25 Capital Improvement Program (CIP) budget for fire station upgrades/repairs.

Apparatus: Supply chain issues and long lead times for major components have led to extended delivery times and a substantial increase in costs for new apparatus. This has been a challenge for Fire Departments throughout California. Despite these challenges, the City has purchased 14 fire apparatus in the last 5 years, including 4 replacement engines and 1 aerial ladder truck, as shown in the table below. Three (3) of the engines are currently in service, and one engine and one truck have been ordered. Since 2019, the City has purchased or funded approximately $5Min apparatus for the Monterey Fire Department’s City-owned fleet, a significant financial commitment towards apparatus for the City’s 27,106 residents.

Asset
ID# Make Model Year Description Status Fleet Placement
6402 Chevrolet 2500 2023 Command
In
Service
Replacement
asset
6403 Chevrolet 2500 2023 Command
In
Service
Replacement
asset
6400 Ford Explorer 2020 Command
In
Service
Replacement
asset
6418 Pierce Enforcer 2021 Engine/pumper
In
Service
Replacement
asset
6420 Pierce Enforcer 2021 Engine/pumper
In
Service
Replacement
asset
6435 BME Type 3 2021 Wildland Engine
In
Service Additional Asset
6461 Dodge 5500 2023
USAR Trailer
Towing
In
Service
Replacement
asset
6466
Cargomate 28"Enclosed
Trailer 2024 USAR Trailer Ordered
Replacement
asset
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 34, Packet Page 164 ATTACHMENT 2
3 6482 Chevrolet Trax 2019 Inspector
In
Service Additional Asset
6473 Pierce
Enforcer
Ascendent 2024
107' Aerial
Ladder
Truck/Ariel
Ordered Replacement
asset
6411 Pierce Enforcer 2024 Engine/pumper
Ordered Replacement
asset
6407 Truck Utility/Command 2025 Support Utility
Approvedin
process Additional Asset
6481 EUV SUV 2025 Fire Prevention
Approvedin
process
Replacement
asset
6483 EUV SUV 2025 Fire Prevention
Approvedin
process
Additional Asset
Mental Health: Since 2019, all Monterey Fire and Police department personnel have had access to individual and confidential post-traumatic stress counseling from a specially trained Licensed and Family Therapist. The City also offers an enhanced first responder program tailored for all public safety employees. This program offers expanded session allowances and access to culturally competent, trauma-trained specialty counselors. These counselors are available 24/7 for in-person consultations, or remote sessions via telephone, video, text, or chat.

The Fire Department also has a Critical Incident Stress Management (CISM) policy and AfterAction Review procedures in place to help public safety personnel cope with and manage critical incidents, stress, and trauma. The City of Monterey values its public safety members and will continue to ensure that staff have access to the mental health resources they need.

Recommendation R2. The City of Monterey formalizes its multi-year strategic plan for the MFD that addresses: updating facilities, replacing apparatus, training firefighter staff, and ensuring that the mental health service policy is clearly defined by December 31, 2024.

The recommendation has been implemented. Through an internal committee, the MFD created a multi-year strategic plan in January 2024. It was reviewed and updated in April 2024 and will continue to be reviewed and updated quarterly. Facilities, apparatus replacement, training and mental health services are all addressed in the plan.

Finding F3: The transition to a consolidated set of policies has not been a priority of the MFD Administration, leading to confusion among staff.

The City of Monterey partially disagrees with this finding. In 2014, MFD purchased a subscription to Lexipol, an online policy manual. The department also has printed policies in binders at the fire stations and PDF policies on a shared drive. Transitioning to a consolidated set of policies on Lexipol has been a priority since January 2024, when a Division Chief took the Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 35, Packet Page 165 ATTACHMENT 2
4 lead on managing the process of adding and updating policies. To date, 103 of approximately 125 policies have been approved in Lexipol (82.4% complete).

Recommendation R3. The MFD Administration consolidates all MFD policies into a single unified system by September 30, 2024.

The recommendation has not yet been implemented, but it will be implemented in Lexipol prior to September 30, 2024.

Apparatus
Finding F4. The MFD is not adhering to its Vehicle & Equipment Replacement Policy as three-quarters of the fire apparatus is at or beyond its lifecycle replacement. This has resulted in a doubling of the repair frequency over the past three years, increasing the workload of the City’s Public Works Department, and affecting apparatus availability for emergencies, thus endangering the public.

The City of Monterey disagrees with this finding. The repair frequency over the past three (3) years has increased due to an aging fleet. However, MFD has not reduced the number of apparatus in service at any time due to the increased repair frequency and at no time has the public been endangered. As shown in the table in response to Finding F2, fourteen (14) new vehicles/apparatus have been purchased in the last five (5) years to maintain compliance with the Vehicle & Equipment Replacement Policy.

Recommendation R4. The MFD Administration aligns its Monterey Vehicle & Equipment Replacement Policy with NFPA Standards for apparatus replacement by September 30, 2024.

The recommendation has been implemented. The City of Monterey has always and will continue to meet National Fire Protection Association (NFPA) Standards. NFPA guidelines are not policies but are guidelines to consider; they are recommendations, not absolutes. Whether or not a vehicle remains in service should be based on the true condition of the individual vehicle. The decision to remove a vehicle from front-line service or from emergency service altogether is based on the quality of the vehicle, the usage of the vehicle over its lifetime, and most importantly, the quality and quantity of the preventative maintenance that the vehicle has received over its years of service. The City of Monterey will continue to reference the NFPA guidelines when determining apparatus replacement.

Finding F5. The MFD’s primary tiller truck has been out-of-service for nearly a year and the 25-year-old backup tiller truck has frequent breakdowns often leaving the MFD without an operable 100-foot ladder causing the need to call for mutual aid from other fire departments.

The City of Monterey agrees with this finding. At no time was the City at risk of not having a ladder truck available for emergency response. The City of Monterey and our contract cities have never been without a ladder truck capability even when MFD T-11 was out-of-service due to repair or maintenance. Monterey has auto-aid agreements in place with Pebble Beach Community Service District FD and Seaside FD. When T-11 is down for maintenance or Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 36, Packet Page 166 ATTACHMENT 2
5 repairs, MFD will request that the auto-aid type-1 engine be replaced with a ladder truck upon dispatch. This agreement is reciprocal and when requested, MFD will provide the same option to our partner agencies when they have a ladder truck out-of-service. MFD can also call for additional ladder trucks for larger incidents under our mutual aid system. Presidio of Monterey FD is the next closest ladder truck followed by Salinas FD. It is common practice for ladder trucks to serve as a shared resource among communities. For example, the Monterey Peninsula (including the communities of Monterey, Sand City, Seaside, Marina, Del Rey Oaks, Carmel, Pebble Beach, and Pacific Grove) has a combined population of approximately 113,000 residents and is served by four ladder trucks, a ratio of one ladder truck for every 28,250 residents. The City of San Jose, for example, has a population of 969,491 and is served by nine ladder trucks, a ratio of one ladder truck for every 107,721 residents.

Recommendation R5. The City of Monterey funds the repair of the primary MFD aerial ladder making it operational by October 31, 2024.

The recommendation has already been implemented. MFD’s frontline aerial ladder truck has been out of service since September 2023, due to loss of power to the aerial ladder. It was first brought to Monterey’s Fleet Division, but they were unable to complete the work. In February 2024, the truck was brought to Golden State Truck and Trailer in Salinas, CA. The power to the aerial ladder, suspension, and additional identified repairs have been completed. The truck is expected to be placed back in service by mid-August 2024.

Finding F6. Having only one certified fire apparatus mechanic serving the Monterey fleet hampers quick repairs and puts the MFD at risk of not having the proper equipment in service to respond to emergencies thus endangering the public.

The City of Monterey disagrees with this finding. Fire apparatus staffing has not endangered the public. Generally speaking, having only one fire apparatus mechanic, with no other options for repairs, is not sufficient to maintain a fleet the size of the Monterey Fire Department. However, that is not the case. The Fire Department is now able to send apparatus to outside vendors including Golden State Truck and Trailer in Salinas. In addition, MFD has had a contract with a mobile tire service company since 2019 and entered into a contract in May 2024 with a mobile mechanic to perform U.S. Department of Transportation (DOT) inspections and repairs. Since diversifying repair options, the Fire Department has experienced less frequent downtime of vehicles and a reduced reliance on the Fire Department’s reserve apparatus.

Recommendation R6. The City of Monterey develops a hiring plan or internship program to maintain sufficient certified and appropriately compensated fire mechanics commensurate with the number of fire apparatus by October 31, 2024.

The recommendation requires further analysis. The City of Monterey will consider this recommendation as an option to enhance the apparatus repair program. However, the development of an internship or apprenticeship program can take over a year to develop, and is an issue facing Fire Departments throughout California. Furthermore, the Fire Department currently has direct authorization to send assets to outside vendors to complete needed repairs or utilize the contracted mobile mechanic for repairs onsite, and have observed a substantial Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 37, Packet Page 167 ATTACHMENT 2
6 decrease in out-of-service time and reliance on reserve apparatus. MFD will continue to assess the apparatus repair process and options.

Monterey Fire Stations
Finding F7. All Monterey-owned fire stations are in a significant state of disrepair. Years of neglect and normal wear have resulted in unsafe and unsanitary living and working conditions and contribute to the low morale for MFD personnel.

The City of Monterey partially disagrees with this finding. Monterey Fire Stations 12 and 13 were built in 1951 and Station 11 was built in 1959, and both facilities are aging. Since 2006, the City has allocated $1,502,481 in Capital Projects funding for the repair and upgrade of fire facilities. While the City’s fire stations are aging and have ongoing maintenance needs, as is common for facilities built over 60 years ago, these facilities are not unsafe and are not unsanitary. Safety issues and concerns about sanitation are addressed swiftly. The City has been focused in recent years on the need to adequately fund and implement repairs and renovations of the community’s fire stations. City staff, council, community members, and members of the Neighborhood and Community Improvement Program (NCIP) recognize the importance of these community assets and the need to maintain them adequately.

In Fiscal Year 2021, the City Council authorized a Central Public Safety Building Assessment analysis, which has been developed and drafted. The purpose of the analysis is to determine the future needs and costs to replace the existing Central Public Safety Building, which includes Fire Station 11, the Police Department, Fire Administration, and the Emergency Operations Center (EOC). The City Council will receive a briefing on this study by the end of this calendar year.

In Fiscal Year 2024, Building Maintenance staff have spent 653 labor hours on repairs and maintenance of fire facilities, including roof repairs, electrical repairs, a new stove, and new washers and dryers.

Recommendation R7. The City of Monterey develops a schedule to begin upgrading, renovating, or replacing the MFD fire stations by December 31, 2024.

This recommendation is in progress. On February 15, 2024, the City Manager emphasized the need to fund the rehabilitation of City infrastructure, including fire stations, during the State of the City Address. In June 2024, the City of Monterey’s Neighborhood and Community Improvement Program (NCIP) voted to recommend the repair and remodel of Fire Stations 12 and 13 as NCIP projects for the upcoming year. The item will be presented before the City Council in September 2024 for final authorization. In addition, funds were allocated in the Fiscal Year 2024-25 Capital Improvement Program (CIP) budget for fire station upgrades/repairs. The City also has a consultant assessing the feasibility of constructing a new public safety facility to replace the current Fire Station 11, Fire Administration Office, main Police Department, Police Department Investigations office, and Emergency Operations Center in downtown Monterey.

Finding F8. Station 13 and the daytime airport south-side modular trailer currently rely on audio alerts with no visual information on 911 calls unlike other Monterey Fire stations limiting available information on the emergency.

Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 38, Packet Page 168 ATTACHMENT 2
7 The City of Monterey partially disagrees with this finding. Station 13 does not rely on audio alerts with no visual information on 911 calls. Station 13’s visual Computer-aided Dispatch (CAD) display operates the same as the other Monterey Fire stations. The City of Monterey agrees that this finding is correct for the daytime airport south-side modular trailer.

Recommendation R8. The City of Monterey ensures that all visual 911 Center alert system boards function at all MFD stations, including the south-side modular trailer by August 31, 2024.

This recommendation is in progress. In May 2024, the City entered into a contract with technology services firm First Arriving, which provides digital dashboards. The dashboards will provide real-time emergency information on screens at all fire stations and the Fire Administration office. Implementation is expected to be completed by November 2024.

Finding F9. The extent of the deterioration of the Station 13 training tower is a danger to the station, its firefighters, and the parking area immediately adjacent.

The City of Monterey disagrees with this finding. The Station 13 training tower is not in a usable condition due to age and water damage. However, upon assessment by an outside structural engineer and architect, it is not at risk of falling or a risk to collapsing on the station, firefighters, or parking area. The tower has not been used for over five (5) years due to its condition.

Recommendation R9. The City of Monterey immediately red-tags and develops a plan to repair or demolish the Station 13 training tower by October 31, 2024.

This recommendation will not be implemented because it is not warranted. Based on the assessment by the structural engineer and architect, the building’s condition does not warrant a red tag. However, the recommendation to repair the tower is fully funded and in progress. Structural inspection of the Station 13 training tower discovered that the salvage value is high enough to warrant the repair of the tower over its demolition. The City is working with a consultant on a design that will repair and improve the training capacity of the Station 13 training tower to better suit the needs of the Fire Department. Design plans are nearing completion, and permits will be acquired.

Finding F10. Most MFD firefighter companies work and live in 70-year-old facilities that have not been thoroughly tested for hazardous building materials potentially endangering their health and safety.

The City of Monterey disagrees with this finding. The City follows all state and federal asbestos and lead paint standards and receives training annually to identify hazardous materials. If possible hazardous materials are identified during the course of work, the City employee will contact the City's on-call HazMat Testing & Abatement contractor to test and remove the materials, if necessary, in accordance with state and federal guidelines. The City maintains detailed records of all testing and abatement of hazardous materials at City facilities.

Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 39, Packet Page 169 ATTACHMENT 2
8 Recommendation R10. The City of Monterey performs a comprehensive assessment to identify potentially hazardous building materials in all MFD fire stations by December 31, 2024.

The City of Monterey will not implement this recommendation, as a comprehensive assessment of City facilities is not warranted. The City’s policy regarding hazardous materials testing is in line with current guidelines from the Environmental Protection Agency (EPA), which recommends testing only when possible hazardous materials may be disturbed. Please see F10 for more information.

Finding F11: Responding from the new airport north-side station increases the response time to serve the Fisherman’s Flats/Ryan Ranch/Hwy 68 neighborhoods putting public safety at risk.

The City of Monterey partially disagrees with this finding. It is correct that the distance and response time between the Monterey Peninsula Airport District’s new Aircraft Rescue and Fire Fighting (ARFF) fire station and the Fisherman’s Flats/Ryan Ranch/Highway 68 neighborhoods is greater. However, per the agreement with the Monterey Peninsula Airport District (MPAD), the engine can be available for response on the South side for up to 12 hours per day during the higher call volume times. Stations 11 and 13 are the primary response stations when the Airport engine is not available.

Recommendation R11. The City of Monterey creates a plan for a permanent fire facility to provide faster, 24-hour emergency response coverage for the communities near the Highway 68 corridor by December 31, 2024.

This recommendation requires further analysis, which is currently in progress. The City of Monterey has been in discussions regarding potential fire station development plans near the Highway 68 corridor. As finding a location, securing funding for construction and long-term operations, gathering community input, and other potential factors will take time to develop and refine, having a set plan in six (6) months for a new fire station is unrealistic.

It is worth noting that communities and neighborhoods along the Highway 68 corridor, including Ryan Ranch, Monterra, Fisherman’s Flats, Deer Flats, Josselyn Canyon, Tarpey Flats, Jack’s Peak, Garden Road, and Monterey Regional Airport Terminal areas are located in and are the joint responsibility of the City of Monterey, Monterey County Regional Fire Protection District, Cypress Fire Protection District, and Monterey Peninsula Airport District. The City of Monterey is looking forward to working with and initiating discussions with our regional public safety partners on this collaborative opportunity.

Finding F12. Firefighter companies at the airport south-side modular trailer do not have access to safe inside changing and storage areas for their turnout gear, violating NFPA standards and causing potential harm and distress for firefighters.

The City of Monterey partially disagrees with this finding. There was no changing and storage area for turnout gear when the modular unit was placed in service. However, on June 21, 2024, a safe inside changing and storage area was installed next to the modular building. NFPA Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 40, Packet Page 170 ATTACHMENT 2
9 standards are guidelines to consider when creating policies and standard operating procedures.

Recommendation R12. The City of Monterey, MFD and MPAD Administration collaborate to provide safe and private decontamination changing and storage areas for turnout gear at the airport modular trailer to comply with NFPA standards by October 31, 2024.

This recommendation was implemented on June 21, 2024.

Finding F13. Fire engines at the airport south-side modular trailer are exposed to the weather hastening deterioration and increased costs for repair or replacement.

The City of Monterey disagrees with this finding. The fire engine, while at the south side modular location, does not have a space for covered parking. However, it is not uncommon for other vehicles to not have covered parking. For example, the Police Department has no covered parking for vehicles, transit, and school buses often do not have covered parking, and fire apparatus is often parked outside of the apparatus bay for maintenance and training for a significant amount of time. The City does not agree that the lack of covered parking significantly increases costs for repair or replacement.

Recommendation R13. Until a permanent facility is constructed, the City of Monterey collaborate with MPAD to provide a protective structure for the fire apparatus at the south-side modular trailer by October 31, 2024.

The recommendation requires further analysis with the Monterey Peninsula Airport District, which is ongoing. The City of Monterey applied for a permit with MPAD on November 27, 2023, to install a vehicle canopy to provide both coverage for the engine as well as provide a changing and storage area for the firefighter turnouts. On November 28, 2023, MPAD denied the permit because:

1. Currently the anticipated permanent placement would impede access to the electrical power transformer located by the Modular Site where the truck currently is parked. With the truck only, it is often not there and doesn’t always impede the transformer access.

2. The parking lot recently underwent a new resurface, as well as painting, to improve the condition of the area which was extensive and costly. This proposed structure installation will require more drilling into the pavement parking lot, which would permanently impact the quality of the newly surfaced area.

The City of Monterey is open to revisiting this vehicle canopy option or any other alternatives as proposed by MPAD.

Finding F14. No potable water is available inside the south-side modular trailer, compromising the health and safety of the firefighters who work there during daytime hours.

The City of Monterey disagrees with this finding. Since being in service, the modular trailer has had Alhambra water delivery service bi-weekly to provide clean, potable drinking water. Per Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 41, Packet Page 171 ATTACHMENT 2
10 Mobile Modular, whom MFD contracts with for the modular trailer, the water from the faucets is non-potable but safe for hand washing and washing dishes.

Recommendation R14. The City of Monterey provides a potable water source for the south-side modular trailer by November 30, 2024.

This recommendation has been implemented; it has been in place since the modular trailer was placed in service.

CAD/911 Dispatch Systems
Finding F15. The MFD currently relies on an outdated two-tone paging system for alerts. Upgrading to a modern Fire Station Alerting system would enhance response times for multi-station emergency calls and bolster public safety.

The City of Monterey partially disagrees with this finding. It is unclear if updating the Fire Station Alerting system would enhance response times for multi-station emergency calls.

However, the City agrees that the current alerting system should be updated.

Recommendation R15. The City of Monterey and MFD Administration collaborate with the County of Monterey to implement a plan and timeline for upgrading to a modern Fire Station Alert system by December 31, 2024.

The recommendation has not yet been implemented but will be implemented in the future. The Monterey County Fire Chiefs Association is currently working with the County of Monterey Emergency Communications Department on a county-wide upgrade from the two-tone paging system to a digital-based system. The City of Monterey has funded and is working on the design and implementation of a modern fire station alerting system that will be compatible with the future county-wide system upgrade. It is not anticipated that the county-wide upgrade will be completed by December 31, 2024. The City of Monterey may make recommendations; however, it does have the ability to control the implementation plan and timeline of the County of Monterey’s process.

Finding F16. Unreliable CAD software and hardware in the fire apparatus and stations forces firefighters to rely on less comprehensive systems to respond to calls efficiently.

The City of Monterey partially disagrees with this finding. While the CAD program is beneficial, radio communication is still the primary notification method for emergency calls. Radios are the standard means of communication on an incident throughout the county.

Recommendation R16. The City of Monterey ensures all CAD software/hardware is consistently operational in all fire apparatus and stations by November 30, 2024.

The recommendation has not yet been implemented but will be implemented by November 30, 2024. The Fire Department is currently working with the City’s Information Services Division (ISD) and Fleet Division to upgrade all of the hardware in the apparatus. It is anticipated to be completed by November 30, 2024. MFD is also currently working with ISD on the implementation of a system called First Arriving for all MFD stations to replace the in-station Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 42, Packet Page 172 ATTACHMENT 2
11 CAD system with a more reliable digital dashboard system. The new digital dashboards will provide real-time emergency information, including weather, training schedules, traffic, staffing, etc. to improve operational readiness.

Mental Health
Finding F17. The MFD does not utilize facility dogs that have been successfully used to enhance wellbeing for first responders and build positive relationships in the community.

The City of Monterey agrees with this finding. The Monterey Fire Department does not have a facility dog program.

Recommendation R17. The MFD Administration conducts a study to gauge the interest and feasibility of MFD personnel obtaining one or more facility dogs by August 31, 2024.

This recommendation is in process. MFD Administration is collaborating with the Monterey Fire Fighter’s Association to study and identify the interest and feasibility of obtaining one or more facility dogs. A current MFD firefighter has been identified as the project lead.

Finding F18. Some MFD staff are unaware of the process to access a City-contracted Licensed Marriage Family Therapist or County Behavioral Health Department personnel which compromises their mental wellness.

The City of Monterey partially disagrees with this finding. The City of Monterey began a contract with Karen Lansing in 2019 for public safety PTSD counseling services. Flyers with the information, including contact information, have been posted in every station since February 2024. MFD may contact the Monterey County Health Department for assistance with critical incident responses. All members of the mental health committee and all Division Chiefs have their contact information – the City does not contract with the County for services for members to contact them individually. The City of Monterey also provides confidential Employee Assistance Program (EAP) services. At least annually, the City’s Human Resources (HR) Department consistently sends information about the services. HR also upgraded the current EAP plan for public safety members, increasing the number of counseling sessions available in May 2024. The information regarding this upgrade was provided to all stations during the Department’s Suicide Awareness Safety Stand Down Week in May 2024. All personnel have been provided with resources and materials to seek assistance for mental health and wellness concerns.

Recommendation R18. The City of Monterey posts at each fire station information regarding the availability of the contracted Licensed Marriage Family Therapist by July 30, 2024.

This recommendation was previously implemented in February 2024.

Finding F19. The MFD policies for After-Action Reviews and Critical Incident Stress Management are in draft form leading confusion or misinterpretation by MFD personnel.

Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 43, Packet Page 173 ATTACHMENT 2
12 The City of Monterey partially disagrees with this finding. The After-Action Review (AAR) policy was issued through Lexipol on February 7, 2024 (over 3 months prior to the issuing of this Civil Grand Jury report). The Critical Incident Stress Debriefing (CISD) policy was issued on May 1, 2024.

Recommendation R19. The MFD Administration finalizes and distributes the AAR and CISM policies ensuring that every critical incident is reported, and after-action mental support services are made available by October 31, 2024.

This recommendation has been implemented. Implementation occurred on the dates noted in the response to F19. Based on this policy, we have held three formal (3) AARs – one for the significant storm events in February 2024, one for a commercial structure fire in April 2024, and one for a residential structure fire in June 2024. It is also supported by the policy and Division Chiefs for the crews to conduct informal AARs after incidents. The Fire Department participated in a CISD with the Monterey Police Department in April 2024.

The City of Monterey appreciates the opportunity to respond to the Monterey County Civil Grand Jury’s Report.

Respectfully,
Tyller Williamson
Mayor
Council Regular Meeting, 8/6/2024, Item No. 16., Item Page 44, Packet Page 174

Monterey City CouncilAugust 6, 2024

Monterey City Council
August 6, 2024