Monterey City Council
August 20, 2024

Vision Statement
"Monterey: A beautiful, special place to live, work, and visit. Anda!” ______________________________________________
Mission Statement
"In partnership with our entire community, the Monterey City Council provides visionary leadership ensuring a safe, healthy, historic, economically vibrant, and sustainable environment."
Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 4, Packet Page 258 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Value Drivers
The Value Drivers are numbered for reference only, not in order of importance.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 5, Packet Page 259 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Value Driver #1: In collaboration with our community partners, work to improve the quality of life of all our community members by fostering diversity, equity, and inclusion; championing equitable access to affordable housing; and maintaining a safe environment.

The Council is committed to ensuring Monterey retains its special character, which derives from its heritage, size, and location. The Council also is committed to ensuring that Monterey is a safe, affordable, and inclusive place to live, work, and visit. Diversity, equity and inclusion, affordable housing, public safety, and community collaboration are cornerstones contributing to Monterey’s quality of life.

Quality of Life Strategic Priorities:

Ensure the health and wellness of the community through emergency operations, clear communication with the public, issuing emergency orders as necessary, adopting eviction protections, hosting blood drives, and providing food security.

Health & Wellness Strategic Priority - Staff Work Program Efforts:
 Support food security by working with community partners to provide meals to individuals and families in Monterey during the holiday season.

The City of Monterey, led by our Monterey Recreation division, distributed over 2,000 meal kits (for 2-4 as well as 6-8 people) plus 750 sandwich meals between the two meal drives in November and December 2023. Staff also coordinated over 150 home deliveries with Monterey Fire and Police as well as Seaside and Marina Fire Departments. Overall, we served over 13,800 individuals at both food drives. This would not have been possible without the support of the City Team (Monterey Fire, Police, Streets, Traffic Engineering, and Parks) and our partnerships with the Food Bank for Monterey County, the Kiwanis Club of Monterey, Monterey High School, Trinity Christian High School, and the Defense Language Institute. This was the fourth year in a row that the City supported holiday meal distribution efforts.

Holiday meal distributions are being planned for November and December 2024.  Provide important nutritional services for Senior Citizens at Scholze Park Center.

Ongoing programs include Meals on Wheels programs and a weekly Produce Pick Up.

The City distributed 5,230 meals for seniors in FY 2024, this is a 55% increase since 2022. In partnership with the Food Bank for Monterey County, the City served 5,606 people through the walk-up produce distribution program at Scholze Park Center in FY 2024.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 6, Packet Page 260 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

 Support the Meals on Wheels Program.

The City’s Community Development Block Grant Program provided $80,000 in funding to support the Meals on Wheels Program in FY 2023-24. The Department of Housing and Urban Development (HUD) provided extra COVID-related funding to the City for Meals on Wheels of the Monterey Peninsula, which allowed for $80,000 in funding. This funding level is not expected to continue in FY 2024-25.  Continue to offer monthly blood drives at Hilltop Park Center in partnership with the American Red Cross.

From July 2023 – June 2024, the City offered 13 blood drives and helped collect 379 pints of blood in partnership with the American Red Cross.  Engage the public on a potential ordinance restricting smoking in multi-family housing units.

Policy issues may be scheduled in the future.
 Track and manage funds from the City’s share of the nationwide opioid litigation settlement of $26 billion reached with the three largest pharmaceutical distributors and the parent corporation that manufactured and marketed opioids.

The City receives and tracks approximately $35,900 per year, a total of roughly $647,600 over 18 years –which the City can use to combat substance abuse and related issues.

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.

Public Safety Strategic Priority - Staff Work Program Efforts:
● Complete the Standards of Coverage and Community Risk Assessment Study and explore opportunities to regionalize and improve fire services effectiveness.

The study was completed and presented to the City Council in May 2022. Future discussions about regional fire services and coverage will continue with the community.

The City of Monterey is discussing with the City of Carmel-by-the-Sea on potentially transitioning ambulance staff from Carmel to the City of Monterey, or exploring a regional joint powers authority model. The City of Pacific Grove’s City Council has approved the costs for a paramedic program in their FY25 budget. Both the City of Monterey and the City of Pacific Grove have taken an item to the respective city councils in August 2024 to amend the current fire services agreement to add paramedic (Advanced Life Support (ALS)) level service to the City of Pacific Grove. Effective Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 7, Packet Page 261 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

October 1, 2023, the City of Monterey entered into a new agreement with the Monterey Peninsula Airport District for the City to provide fire services to the Airport. As identified in the Standards of Coverage report, with the relocation of the Airport fire station from the South side to the North side, response times are impacted. The City of Monterey has been in discussions regarding potential fire station development plans near the Highway 68 corridor. The City sent a letter to the County of Monterey addressing our public safety expectations in case the County plans on additional housing development within the Highway 68 corridor. The County’s draft housing plan made appropriate changes after receiving our letter.

The City of Monterey is looking forward to working with and initiating discussions with our regional public safety partners who are jointly responsible for providing service in this corridor (City of Monterey, Monterey County Regional FPD, Cypress FPD, and Monterey Peninsula Airport District) on this collaborative opportunity. ● Implement the new Police Records Management System (RMS).

In February 2024, the new cloud-based Mark 43 Records Management System (RMS) was implemented after a two-year process. This included a Crossroads collision reporting application and automated citation system, a new M43 jail application, state and federally mandated NIBRS/CIBRS reporting compliance, and improved analytic capabilities.
● Implement an Automated License Plate Reader (ALPR) system. In April 2024, council approved an ALPR system to be operated by the Monterey Police Department (MPD) to assist in resolving and deterring crime. This technology has proven effective in identifying suspects in relation to violent crime and organized retail theft rings.

The MPD ALPR system will be implemented in late 2024.
● The Monterey Police Department will proactively address crime issues.

In 2023 - the MPD responded to over 45,000 calls for service, booked over 1,000 arrests, issued over 2,000 citations, booked over 3,800 items of property, conducted over 6,000 foot patrols, administered NARCAN® for opioid overdoses 17 times, arrested 222 drunk drivers and worked over 7,500 overtime hours to include over 1,500 special event overtime hours. During 2023, MPD Detectives were called out during nonbusiness hours on 20 occasions and were assigned to conduct 287 investigations beyond what patrol officers investigate (death investigations, sexual assault, domestic violence, narcotics, firearm investigations, financial crimes investigations, other serious assault cases, etc.). The MPD is part of the cannabis coordination efforts along with the City Manager’s Office and Planning Office, and will assist in regulating the (4) cannabis businesses that will be implemented in 2024.
● Complete the Central Public Safety Facility Study to address the 1959-constructed, aging, and outdated infrastructure at the public safety campus, home to the Fire Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 8, Packet Page 262 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Administration, Downtown Fire Station 11, Police Facility, and the Emergency Operations Center (EOC) Campus.

Council approved funding the study in 2021, with additional funding allocated in 2022.

The study began in fall 2022 and will be completed in 2024. A check-in with the Council will take place in 2024. Gates for the exterior fence around the Public Safety campus have been designed and funded, and will be installed in 2024. ● Develop a Local Roadway Safety Plan, a ‘crash data’ driven safety evaluation that develops and prioritizes systemic safety improvements.

The City was awarded grant funding from the Federal Highway Administration in 2023; the plan is in progress and should be completed by 2025. ● Replace the aging Fire Department fleet.

Took delivery of two new Type 1 (structure) engines and one Type 3 (wildland) engine in 2021. Two command vehicles were ordered and received in 2023. The City Council approved the purchase of a Pierce 107’ tractor-drawn aerial truck for $1.7 million in October 2022 and it is expected to arrive at the end of 2025. The Urban Search and Rescue (US&R) truck and trailer was received in 2024. The City Council approved the purchase of a Type 1 (structure) engine to replace the first out downtown engine in 2024 and it is expected to arrive in 2027. Two prevention vehicles and a utility were approved and expected to arrive in FY25. The State of California is replacing the current 2006 Office of Emergency Services (OES) engine with a brand new 2024 type 1 (structure) engine in 2024 for local and statewide responses.
● Safely manage the multiple special events held in Monterey.

In 2023 the Police Department managed 13 special events spanning 29 days and over 1,500 overtime hours of special event staffing. These events, such as the Monterey Jazz Festival, 4th of July Parade, Monterey County Fair, Car Week, Monterey Bay Half Marathon, and California Roots Festival, are covered by Police Department staff working overtime outside of their normal assignments.
● Conduct an analysis of Fire Service Contracts the City of Monterey provides to other agencies, including the cities of Carmel-by-the-Sea, Pacific Grove, and Sand City, as well as the U.S. Navy at La Mesa Village and the Monterey Peninsula Airport District to review the contract models’ cost recovery and fiscal viability for the City of Monterey.

Began analysis with consulting firm Baker Tilly in late 2022; analysis completed in April 2023. Taking the analysis into consideration, Monterey developed the cost proposal submitted to the Airport in response to their RFP incorporating one of the recommendations made in the study. Future cost projections will include the same recommendations.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 9, Packet Page 263 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Prepare for emergencies and support community resiliency Emergency Preparedness Strategic Priority - Staff Work Program Efforts:
 Offer ongoing Community Emergency Response Team (CERT) training and support.

Trained 36 new members in March and April 2023. New member classes are scheduled for October 2023. During the first six months of 2023, CERT teams logged over 750 hours and 184 member responses to 11 activations due to winter storms and missing persons. In 2023, CERT trained 78 new members. In 2023, CERT teams logged over 5,168 hours and 1,050 member responses to training and activations. CERT had a total of 24 activations across geographical areas due to winter storms, power outages, welfare checks, and missing persons. Staff hosted a training in April and May 2024 and trained 40 new CERT members. Since January 1, 2024, CERT has logged about 4,831 hours and 750 member responses for training and activations. There have been 53 total CERT events in 2024 of which 14 were activations for emergency response including 9 searches for missing persons, 3 storm response activations, and 2 structure fire responses. In October 2024, staff is hosting a CERT class for new potential CERT members. CERT also continues to train monthly on deployment and operations, including winter storm preparedness/response, search and rescue, sandbag operations, traffic control, and firefighter rehabilitation.
 Work with the California Department of Conservation to update tsunami signage and education to reflect the newly adopted Tsunami Inundation Maps Tsunami signage provided by the California Governor’s Office of Emergency Services (Cal OES) has been delivered and are expected to be installed at all locations in 2024.  Update the General Plan Safety Element.

At the July 16, 2024 Joint Planning Commission and City Council meeting, the City Council approved and adopted the Monterey 2031 General Plan Update including an update to the Safety Element. The Safety Element identifies natural and human-made hazards in Monterey as well as measures to promote public safety and effective emergency response and recovery
 Due to increased shark activity in the area, prepare signage and a Standard Operating Procedure for incidents involving sharks.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 10, Packet Page 264 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Staff has also researched information from the State and implemented signs for use during shark incidents on the Monterey Peninsula.
 Continue to look for grant funding to upgrade or repair existing infrastructure and maintain resiliency.

Ongoing. Staff is preparing to release a Request for Proposal for the Design of the Del Monte and Washington intersection improvements using approximately $200K in Regional Surface Transportation Program funds. In addition, staff is also pursuing approximately $13.4M in Active Transportation Program Grant for the North Fremont Gap Closure Project as a co-applicant in partnership with the Transportation Agency of Monterey County.
 Continue Fuel Reduction efforts to remove invasive species and flammable understory in greenbelts within and adjacent to City neighborhoods.

Efforts will continue in 2024. In FY2023/24 NCIP funded $750,000 for Forest Management (Fuel Reduction) across the City including in the Alta Mesa, Fishermen Flats, Monterey Vista, Old Town, and Skyline Neighborhoods. NCIP recommended $1,000,000 in funding for Fuel Reduction/Forest management in FY2024/25.  Engage and collaborate with various local and federal partners to plan, prepare, and conduct exercises for emergency natural and man-made catastrophic incidents.

The Monterey Police and Fire Departments consistently work with the Monterey County Department of Emergency Management to plan a response to incidents such as Car Week, potential and actual flooding, storms, and weather-related incidents. The Police and Fire Departments participated in active shooter training exercises with the Naval Postgraduate School, FBI, local and state law enforcement partners, the Monterey County Office of Education, the Monterey Peninsula Unified School District, U.S. Coast Guard Station Monterey, and the U.S. Army Garrison Presidio of Monterey.  Collaborate with the U.S. Coast Guard on training exercises.

On September 6th, 2023, the City of Monterey participated in a Monterey Bay Search and Rescue (SAR) exercise drill in which a simulated boat fire and multiple rescues were conducted along with a Level 2 Multi Casualty Incident (MCI) at the mile buoy. This multi-agency drill included deployment with our various partners, such as the U.S. Coast Guard Station Monterey, U.S. Naval Air Station Lemoore, CAL FIRE, Monterey County Drone Team, and other community partners at the Coast Guard Pier. On September 17, 2023, the City of Monterey co-sponsored an educational and training event with the U.S.

Coast Guard Station Monterey, U.S. Naval Air Station Lemoore, and other public safety community partners at San Carlos Beach Park. This was the second annual U.S. Coast Guard Missions Day. The Monterey Fire Department, along with SAR Council Members, will begin working this year on updating Monterey County's Coastal Incident Response Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 11, Packet Page 265 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Plan with the Department of Emergency Services.
 Develop a Community Wildfire Protection Plan.

The City has contracted with Dudek to develop the plan. The final report was completed in December 2023 and is posted on the online storymap. The Monterey Fire Department (MFD) presented the plan to the Monterey City Council. MFD presented to the City of Pacific Grove on July 17, 2024, and is scheduled to present to the City of Carmel-by-the-Sea in September 2024. MFD has increased the level and number of defensible space inspections for 2024, applied for a grant to develop a chipper program in Monterey, Carmel-by-the-Sea and Pacific Grove, and has been working with the City of Monterey Parks Division on fuels reductions.
 Conduct a hotwash and After Action Review following the 2023 Winter Storms and Pineapple Express EOC activations, and collaborate with PG&E and Verizon for electricity and mobile communications resiliency.

Conducted the After Action Review in July 2023 with participation from the County of Monterey Department of Emergency Management. Continued preparedness and response planning efforts with PG&E and Verizon Wireless to improve resiliency.  Manage efforts to prepare for, respond to, and recover from disasters by managing an effective Emergency Operations Center, including coordination with FEMA, CalOES, Monterey County Department of Emergency Management, City departments, and community stakeholders.

Activated the EOC and responded effectively to the winter rain events in January and March 2023, December 2023/January 2024, and again in January/February 2024.

Received a total of $709,662 in reimbursements from FEMA and CalOES with $243,012 in reimbursements pending from the 2024 storms.

Foster opportunities for the public to stay physically and mentally active through activities and services in our parks, trails, beaches, campgrounds, sports center, and community centers.

Physical and Mental Activity Strategic Priority - Staff Work Program Efforts:
● Implement New (or Reinstating/Reinventing) Programs and Services at Monterey Sports Center.

Use of the Sports Center in FY 2025 is projected to exceed usage at pre-pandemic levels. After considerable research, staff recommended that the City pursue a partnership to offer food and beverage services at the Sports Cafe. A request for Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 12, Packet Page 266 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

proposals was released in August 2024. In the meantime, staff also implemented vending machine services to provide light snacks, refreshments, and pro shop items such as locks and towels.

The Monterey Sports Center has expanded group fitness programming to over 70 classes offered each week for different ages and abilities, including Yoga, Tai Chi, Bone Builders, Youth Strength Training, Therapeutic Exercise, Aquatic Exercise, and many other formats. The Sports Center has also expanded youth, adult, and sports leagues and programs, camps, and youth mentorship training, fitness programming and personal training for all ages and abilities, and aquatic programming, including swim lessons and adaptive aquatic programming.

Partnering with Montage Health, the Sports Center will offer at least five health and wellness lectures and events this year. Current topic ideas include Healthy Aging, Injury Prevention, and Sleep Health. In addition, after-hours rentals of the facility for birthday parties and special events are gradually opening up as staff capacity and City resources allow. All new programs or services are thoroughly analyzed to ensure revenue generation and/or member retention.
● Expand hours at the Monterey Sports Center.

The Monterey Sports Center expanded hours on July 31, 2023. The newly expanded hours include extended evening hours 7 days a week, with the Sports Center open until 9:00 p.m. Monday through Friday and until 5:00 p.m. on Saturday and Sunday.

Completed.
● Organize summer camps and programs that provide opportunities for youth to stay active in City parks and facilities while also providing childcare for working parents.

Outdoor camp programs for 2024 included Beach Volleyball, Challenger International Soccer, Flag Football, Basketball, Track and Field, Youth Baseball Clinics and Summer Fun Playground Program. The Recreation Division continued to rebuild traditional summer camp programs by offering six weeks of Camp Quien Sabe Youth Overnight Camp program at Toro Park and eight weeks of Whispering Pines Day Camp. Camp Quien Sabe celebrated 71 years this summer. These two camps completed the Summer 2024 season, serving approximately 130-140+ campers each week. In addition, 2024 was a record summer for the Monterey Sports Center’s Sports Camp and Counselor in Training program with an average attendance of over 100 campers each week for 11 weeks for a total of approximately 1,000 campers.

Total enrollment for all summer camps offered by the Parks & Recreation Department was 2,653 campers with approximately 332 participants enrolled on waitlists for various camps.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 13, Packet Page 267 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

● Serve individuals and families of all ages at the Sports Center and community (park) centers by offering opportunities for both mental and physical activity.

In 2024, continued restoration and expansion of programs at El Estero, Scholze, and Hilltop Park Centers, and for North Monterey, programs offered included preschool, ceramics, music instruction, fencing, gymnastics classes and camps, dance classes, Pilates, chess and art classes, as well as specialty camps such as Tiny Tots Summer Camp, Lego, Art and Woodworking Camps. Offered expanded programs for North Monterey based on staff capacity and program demand. Activities included STEAM events and story time activities for children in partnership with the Monterey Public Library. Monterey Recreation programs offered for North Monterey for the first half of 2024 included Saturday Pajama Storytimes with the Monterey Public Library and several Guided Birding programs with the Monterey Peninsula Regional Park District. Recreation staff is currently planning additional programs in partnership with the Monterey Public Library, MyMuseum, Blue Zones Project Monterey County and the Monterey Peninsula Regional Park District. Opportunities for seniors to engage with others socially and physically with activities like Tai Chi, Chi Gong, Watercolor, Drawing and Painting, Bridge, Bingo, Ceramics, Walk the Bay Walking Group, and Line Dancing. Spring 2024 included the return of special events and programs for seniors not offered since preCOVID-19, including the Springtime in Paris Social, Senior Prom, and the play!Monterey Travel Program. The Scholze Park Center will continue to expand activity and program offerings, including luncheons, social events, and trips for seniors based on demand and staff capacity. Offered 513 programs with 41,740 participants in FY 2023/24 through the Recreation Division.

The Sports Center continues to offer popular programs for youth, adults, seniors and families including, but not limited to, several sports leagues, clinics, and programs, such as martial arts and wrestling. The aquatics programs include group swim lessons and private swim lessons. There are also a wide variety of group exercise offerings such as yoga, Zumba, cycling, functional strength, aqua splash, and many more. ● Offered special events that foster community.

Events included the Bunny Hop Photo Op +EGGStra Fun, STEAM in Montecito Park, Halloween Movie Night and Trunk and Treat, Pumpkin Plunge at the Sports Center, Horticulture Fair & Plant Exchange, and Monterey’s Big 4th of July Celebration and Backyard Food Fest. Other events offered for North Monterey for the first half of 2024 included a Spring into Wellness event in partnership with Blue Zones Project Monterey County, Kids Eat Right and the Monterey Sports Center, as well as neighborhood park clean-ups at Laguna Grande. More events for North Monterey will be offered in Fall 2024 including a Saturday with Santa Photo Op.
● Continue providing support services for seniors.

Continue partnering with the Monterey Salinas Transit Taxi Voucher Program, AARP Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 14, Packet Page 268 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Smart Driver Course, Aspire Health and Alliance on Aging for Peer Counseling, Tax Prep, Ombudsman, Medicare support, California Connect, and other programs serving seniors 55 and older at the Scholze Park Center. The Alliance on Aging will be expanding hours due to a high demand for senior services in Monterey. ● Continue long-term planning and community engagement efforts for the future of the Old Capitol Site.

The Old Capitol Site Park Plan was funded in the 2022/23 NCIP. City Council awarded additional NCIP funding in July 2023. The Park Plan, with the help of BFS Landscape Architects, launched in January 2024 and has included community outreach efforts, significant public input, site surveys, and the development of potential draft concepts.

The study is scheduled for completion by the end of FY 24/25..

Provide learning opportunities and foster community connection through the Monterey Public Library
Monterey Public Library Strategic Priority - Staff Work Program Efforts:
 Provide programs for all ages – that inform, inspire, build community engagement, promote reading, celebrate Monterey’s rich past, and support community priorities of economic, mental and physical health, and social justice.

Ongoing.
 Identify funding sources for Library facility renovation in conjunction with the Central Public Safety Facility Study.

Building Forward Infrastructure grant from California State Library has been identified as a potential source of critical infrastructure renovations with a cap of $10 million per request. Application submitted to California State Library focusing on energy efficiency and sustainability upgrades for the current facility. California State Library did not award applications as they are focused on high poverty levels in the state. $100 million dollars is projected to be allocated in the next three years for future projects, however funding may be removed from Building Forward to cover State budget deficits. Postponed.  Provide bookmobile services to neighborhoods to library services.

The new bookmobile was funded by California State Library grants and private donors and arrived in January 2024. The Bookmobile stops include Casanova Oak Knoll, La Mesa, Hilltop Park, Montecito Park, Park Lane, and Merrill Gardens. The Bookmobile has extended stops to City Preschools at El Estero and Hilltop and pop-up outreach Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 15, Packet Page 269 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

events at community functions and at Bay View Academy’s Upper and Lower School campuses. Ongoing.
 Work with local partner agencies to update the Children’s Reading and Learning Area with dedicated funds raised through the Monterey County Gives! Campaign.

Monterey Public Library Friends & Foundation has raised $53,710 in funding through Monterey County Gives. Library has met with community partners at Montage Health’s Ohana and First 5 to discuss inclusive spaces, and reached out to other agencies. The Library has received a Stronger Together Early Learning Hub grant for $188,700 towards the Children’s area. Library Added new Children’s shelving, parent & child computer areas, new technology, quiet/sensory space, and new collections to the Children’s area. Completed.
 Inspire learning through Arts and Art programming.

Muralists Natalia Corazza and Raven Cook have completed a Young Readers Mural at the Library Terrace. The Library has allocated funding to move the glass barriers on the terrace to allow access to the garden on the Library terrace, near the mural. The Library has increased Arts programming and began building a MakerSpace inside the library. $73,218 raised through MCGives towards Art and Art programs at the Monterey Public Library. Ongoing.
 Implement facility enhancements.

Façade improvements completed, including landscaping and sidewalk repairs. Interior upgrades to install new lobby display equipment, upgrades to the Solarium Conference Room, lighting and carpet for the Community Room, and hanging art system for rotating art in the Community Room. Sensory room added to the Children’s area for a children and caregivers. Two new ADA compliant privacy booths funded by California State Library added. Complete by December 2024.
 Implement furniture enhancements.

The Library Friends & Foundation have provided funding for new furniture for the Library terrace, public tables and chairs, Children’s sensory space, and small community rooms in the library. Completed.
 Work with local partner agencies or non-profit groups to reopen Etta’s Café.

Release an RFP for café operations with a nonprofit to provide services within the cafe space at the library in August 2024.
 Expand Monday hours at the Monterey Public Library.

The Library will restore limited-service hours on Mondays to enhance our service to the community in August 2024.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 16, Packet Page 270 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

 Increase Library and Museum programming in the Monterey Public Library and at Colton Hall.

Resume poetry, music, and art programs at our Library and Museum sites in 2023-24.  Expand access to Monterey Public Library through a book vending kiosk.

Add two self-service library book retrieval machines at locations in Monterey. This will be an outdoor self-contained unit at partner locations, allowing increased access to requested Library materials. Vendor has been identified and currently in contract stage.

Implement by late 2024.
 Increase digital access to California History Room and museum materials.

The Library has received California Revealed grants to digitize historic photographs and will digitize additional collections. The first collection of 1949 Rey Ruppel Monterey Centennial has been sent to California State Library for digitization and was completed in late 2023; the second round of Shades of Monterey photos was processed for 2024.

Library has expanded digital access through California Revealed, ContentDM, and YouTube. The library has begun digitizing local VHS collections to add to streaming collections and added archive records to the Online Archive of California. Completed and Ongoing.

Respond effectively to neighborhood concerns.

Neighborhood Concerns - Staff Work Program Efforts:
 Work with the Laguna Grande Regional Park Joint Powers Authority to adopt a Laguna Grande Regional Park Trail Maintenance Strategy.

Laguna Grande Regional Park Trail Maintenance Strategy was adopted by the Laguna Grande JPA, City of Monterey, the City of Seaside, and the Monterey Peninsula Regional Park District during the summer of 2023. The Mitigated Negative Declaration and Mitigated Monitoring and Reporting program was also adopted by all four legislative bodies. Agencies filed the Notice of Determination in the summer of 2023. The next step is to collaborate with all agencies to develop the scope of permit preparation, permit applications, etc., in 2024. So far, the JPA has engaged with BFS Landscape Architects to shepherd the agencies through the permitting process. Considerable progress has been made towards obtaining permits. As of July 2024, mapping and layout of the wetland delineation has been completed. Next up is coordination with the Army Corp of Engineers and other agencies for permitting applications. Permitting efforts are expected into 2025. The City of Seaside, City of Monterey and the Monterey Peninsula Regional Park District also collaborated on programming for the park. In Monterey, the Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 17, Packet Page 271 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

summer programming schedule included: Beginning Birding, Bird Walks, How to Use Binoculars for Birding, etc.
● Conduct tree mapping and inventory to address the health of Monterey’s forests and greenbelts.

Tree mapping began in 2021 and is ongoing as a part of Forestry operations. ● Continue efforts on the Small Cell Ordinance.

The Planning Commission hosted five public hearings on the draft Small Cell Ordinance in 2022. The City Council received an update in January 2023, held public hearings for readings of the Ordinance in February and March 2023, and adopted the Ordinance in April 2023.
● Continue the implementation of North Fremont Corridor underground utility projects utilizing Rule 20a funding.

Planning and coordination efforts will continue in FY 25/26 to ensure the City’s Rule 20A work credits received will be fully utilized prior to the December 2033 sunset date of the Rule 20A program.
● Work with Verizon Wireless to discuss mobile phone and emergency calling reliability concerns due to events at the Monterey County Fairgrounds.

Staff is working to address these concerns directly with Verizon Wireless. The company has committed to expanding service on Fairgrounds (State) property to increase service capacity during special events, thereby reducing impacts to surrounding neighborhoods.

Fund projects for the betterment of Monterey’s neighborhoods through the Neighborhood and Community Improvement Program (NCIP).

NCIP - Staff Work Program Efforts:
● Continue funding the NCIP at appropriate levels.

The NCIP is currently funded at 16% of Transient Occupancy Tax (TOT) Revenues.

There are currently 59 active NCIP projects with a budget of approximately $10.3 million with an additional $1,085,514 in available funding in the Ending Balance Account and $869,514 in the Contingency Balance Account. In June 2024, the NCIP Committee ranked 80 projects with an estimated cost of $22.4 Million. These projects will be coming to the City Council for approval and funding in Fall 2024. The Neighborhood and Community Improvement Program will have approximately $12,234,575 available for Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 18, Packet Page 272 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

project funding in FY 24/25. City Staff across Public Works, Parks and Recreation, and Forestry completed 12 NCIP projects so far in 2024. The NCIP Committee voted on 80 nominated projects and the final approval is planned to go to Council in Fall 2024.

These NCIP projects cover a wide spectrum, including traditional public works, streets, sidewalks/paths, parks and recreation facilities, forest management, utilities, historic preservation, storm drainage facilities, and more. Staff seeks to increase the number of contracts available to complete more NCIP projects in a timely manner.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 19, Packet Page 273 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Value Driver #2: Protect and preserve our natural environment by addressing climate change through ecologically responsible and pragmatic solutions.

The City Council recognizes the necessity of bold, pragmatic, and thoughtful solutions to protect our natural environment for future generations. Community decisions on transportation, land use, sea level rise, coastal protection, forestry, and city government operations can have a positive impact on our environment locally, regionally, and globally.

Protecting Our Environment - Strategic Priorities:

Protect the Monterey Bay National Marine Sanctuary and our environmental assets from pollution.

Monterey Bay National Marine Sanctuary - Staff Work Program Efforts:
● Update the Local Coastal Program (LCP).

The Draft Coastal Land Use Plan is being prepared. The draft plan will be released for public review in November/December 2024. The City is preparing to submit a California Coastal Commission grant to further evaluate sea level rise and to be included in the LCP.
● Implement Stormwater/Water Quality Protection Regulatory Permit activities as well as Sanitary Sewer Collection System/Water Quality Protection Regulatory Permit activities.

Ongoing in 2025.
● Manage the 951 Del Monte Avenue Groundwater Remediation Project, a City property at Window on the Bay Park, with legacy dry cleaning solvent contamination.

The project monitoring is nearly complete and should be finished by 2025. ● Continue ongoing regional and stakeholder partnerships to implement regionallyprioritized stormwater quality capture and treatment project opportunities involving City utility infrastructure, with the goal of better protecting the environment and water quality of local waterways, such as streams, lakes, and the Monterey Bay National Marine Sanctuary.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 20, Packet Page 274 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Ongoing in 2025. Two (2) diversion projects are planned to divert a portion of urban stormwater runoff to the City and regional sewer collection systems for regional treatment and water supply and reuse purposes. The Lake Project will divert a portion of El Estero Lake urban runoff that is otherwise pumped to the Monterey Bay into the sewer system. Similarly, the Olivier Project is planned to divert a portion of the downtown urban runoff, that is otherwise discharged into the Harbor to the sewer system. Both project concepts were identified and prioritized as a part of the regional Stormwater Resource Plan (SRP) within the Monterey Peninsula Integrated Water Resources Management Plan (IRWMP) for implementation as funding became available The City hired Scaff and Wheeler for design services for both projects through an RFP process. The projects are in the preliminary engineering phase.

Develop a long-term strategy for Municipal Wharf No. 2 and a sustainable fishing industry.

Sustainable Fishing and Municipal Wharf No. 2 - Staff Work Program Efforts:
● Support sustainable fishing activities
Support local fishers by providing space in the Monterey Fish Processing Facility, threeton crane access, advertising, and space for Fresh Fish Off-the-Boat at the waterfront. area
● Support efforts to remove derelict and abandoned vessels in the Monterey Harbor area.

Applied for and received grant funding from the California Department of Boating and Waterways for the removal of derelict and abandoned vessels. Retrieved a barge that detached from the Monterey Bay Aquarium during winter 2024/25 Storms. Continuing to work with the Monterey Bay National Marine Sanctuary (MBNMS) and local stakeholders on developing funding sources for abandoned vessels.

Continue efforts to reduce greenhouse gas emissions (GHG).

Reduce Greenhouse Gas Emissions - Staff Work Program Efforts:

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 21, Packet Page 275 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

● Support efforts to expand existing solar energy arrays on City buildings.

Solar array project at the Monterey Conference Center completed. ● Continue to implement California’s Short-Lived Climate Pollutants (SB 1383) requirements.

Efforts include outreach, education, monitoring, and enforcement tasks related to organic waste and edible food diversion from the landfill. The City has achieved a 99% compliance rate representing over 1,000 solid waste collection accounts, which include commercial (e.g., restaurants, hotels) and multi-family residential customers. ● Build partnerships and expand capacity in the Sustainability Office to monitor and track Citywide goals to reduce GHG.

The Sustainability Office is coordinating with City departments and regional agencies on the Charging Fueling Infrastructure (CFI) grant application for electric vehicle charging stations, as well as electric vehicle grants for the City’s fleet. Efforts are underway to update the City’s Climate Action Plan by June 2025.

Expand access to electric vehicle infrastructure and encourage sustainable transportation.

Electric Vehicle Infrastructure - Staff Work Program Efforts:
● Expand opportunities for Electric Vehicle Charging Stations in the Waterfront Lot, parking garages, and parking lots.

The City completed lease negotiations to increase EV charging stations in the waterfront lot in 2023. The City began upgrading EV charging stations to the ChargePoint network in fall 2022 for more efficient use of charging stations and cost recovery. The Tesla Destination Charging Stations at the Waterfront Lot has been delayed due to layoffs at Tesla but is now in the design stage after some staff were rehired. The City has applied for federal, state, and regional grant funding to expand public EV charging stations throughout the City.
● Continue to integrate low-emissions and electric vehicles into the City’s fleet.

The City plans to introduce at least ten new EVs into the City’s fleet in 2024/25. Limited supply of utility EVs, pricing, and heavy markups of electric vehicles limits the City’s ability to transition to EV quickly. The City received a Plan Your Fleet grant from Central Coast Community Energy (3CE) to plan for the City’s fleet and infrastructure needs. The City staff has formed an internal Vehicle and Infrastructure Electrification Committee.

The City has developed 50% design plans for EV charging stations at the City’s Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 22, Packet Page 276 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

maintenance facility, and the City plans to have the design finalized in 2024. The City has applied for Monterey Bay Air Resources District (MBARD) EV vehicle grants to supplement funding.
● Implement a City-wide Vehicle GPS/Telematics Program.

Development of the program is in its infancy, but necessary to meet new California Air Resources Board (CARB) regulations. ISD budgeting has been established and HR is currently working on the final draft of the employee notification memo. The telematics program is scheduled to be fully implemented by the end of FY25. ● Apply for and collaborate with the Association for Monterey Bay Area Governments (AMBAG) on Federal Grant for EV Charging Infrastructure. The City is one of several municipalities that submitted potential public EV charging sites as part of an AMBAG grant. The City applied for a federal grant in 2023 as part of a regional effort, but did not receive funding. The City is working with the City of Santa Cruz and other regional public agencies in the AMBAG region, and a new region-wide grant application is being submitted.
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Value Driver #3: 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.

The City Council is committed to balancing economic activity by supporting Monterey’s economic drivers, including but not limited to hospitality, academia, health care, retail, military, and fisheries. The Council also recognizes that continued prudent fiscal discipline helps ensure the high quality of life and services for residents; strategies include appropriate service levels, optimizing City operations, driving innovation that leverages technology and business solutions, ensuring workforce compensation and benefit structures are both competitive and financially sustainable, ensuring appropriate municipal infrastructure needs are addressed, implementing appropriate revenue enhancement opportunities, providing reliable and timely fiscal reporting, and fostering community partnerships.

Fiscal Stewardship - Strategic Priorities:

Carefully manage City revenues and expenditures which support the delivery of City services.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 23, Packet Page 277 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Manage City Revenues and Expenditures - Staff Work Program Efforts:
● Conduct a City-Wide Cost Study Plan to accurately document the true cost of providing services which will incorporate all direct and indirect costs and will be fully compliant with various statutes, including Mitigation Fee Act (GC Sect 66000 et seq.) Proposition 218, the State Controller’s Office Guidelines for Cost Claiming, OMB Circular A-87 Standards, etc.

Solicitation for a Cost Study Plan consultant to begin in September 2024, consultant work to begin in January 2025 and completion expected by June 2025. ● Review, clarify, update, and simplify the City’s business license processes, including timely collection.

Updates have been completed with revisions to be sent to the City Attorney’s Office for approval and changes to ordinance and city code where necessary. Ongoing. ● Review, improve, and implement updated purchasing processes to reflect current best practices, including monitoring outdated encumbrances.

Expect to be completed in December 2024.
● Review, and update current finance policies and procedures, to build a Standard Operations Procedures Manual and Fiscal Policies Manual that reflects the most current best practices in the following areas:
o Revenue Collection
o Purchasing Policies
o Capital Improvement Project Accounting
o NCIP Project Accounting
o Short term rental citation collections
o City-wide citation collection
o Grant policies
o Travel polices
o Vehicle and Drivers Policy
o Risk Management policies
o Business License Inspection
Expected to be completed in December 2024.
● Review, improve, and implement updated Purchasing Card processes, including monitoring card limits and adherence to the purchasing authorization policy.

Established formal request form for requesting and increasing/decreasing spending limits in Fall of 2022. Continuing to refine process. Ongoing. ● Explore existing funding models for lifeguard services at beaches in Monterey.

A new contract with California State Parks was completed effective July 1, 2024.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 24, Packet Page 278 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

 Develop and Implement a 5-year Capital Improvement Program (CIP) Budget.

On June 5, 2024 City Council reviewed and approved a 5-year CIP plan. This 5-year CIP plan is the community’s vision for short- and long-range development, maintenance, improvement, and building of new infrastructure assets to benefit our residents, businesses, property owners, and visitors. The Plan consists of two parts: the one-year CIP budget, and the capital investment plan (years 2-5). Only the first year of the plan represents a funding commitment for the projects to proceed to the next stage, or to be implemented depending on the level of funding appropriated. The plan is an ongoing effort, and it will continue to get refined with assessments and updated in future budget adjustments and FY annual budgets.

Consider appropriate revenue enhancements to support City services and operations.

Revenue Enhancements - Staff Work Program Efforts:
● Continue the Cannabis Retail Roadmap Implementation.

In late 2023, the City Council adopted the Cannabis Retail Ordinance, and began accepting applications in January 2024. The City successfully issued its first cannabis permit for a temporary special event at the California Roots Festival in May 2024. Four storefront retail cannabis businesses were selected by the City Council, contingent upon the successful obtainment of a zone clearance.
● Implement a Cannabis Business License Tax.

Cannabis Business License Tax was approved by voters in November 2022. The tax could generate between $604,000 to $1.3 million in revenue annually. No updated projections will be available until after the ordinance has passed and the vendors have been selected.
● Implement Modest Fee Increases in Parks and Recreation.

Completed. Reviewed the fee schedule for the Parks and Recreation Department in February 2024 to ensure a balance of providing affordable Recreation programs and services that meet the needs of the community while accounting for the cost of providing the service, enrollment, and surveys of fees for similar services offered in other communities. Fee increases were approved by City Council and went into effect July 1, Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 25, Packet Page 279 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

2024. Based on FY 24 budget, a 6% to 6.5% increase to total revenue would be approximately $281,331 for FY25.
● Implement Fee Increases in Marina. Complete an audit and a Marina rate study comparison in FY2024-2025. Make final recommendations to adjust Marina rates to remain competitive in the Central California Market.

Expected date for adjustments is July 2025.
● Contract with a service provider to perform Transient Occupancy Tax (TOT) audits.

Audits for TOT for all city hotels were concluded by July 2024. City will update the City Ordinance to clarify any ambiguities addressed as a result of this round of audits.

Finance staff will hold a general training session with the general managers and accountants of the hotels to bridge the gap of communication after the ordinance is adopted. Further the City will go out for a RFP for new auditors to start the audit process again in the Spring of 2025.
● Develop a comprehensive City-wide process for collection of fines and fees for issued citations.

Ongoing
Restore and establish City reserves at levels that provide fiscal resiliency and the ability to address various economic and natural disasters.

City Reserves - Staff Work Program Efforts:
● Maintain the Fund for Economic Uncertainty at 20% of general fund operating expenses.

The reserve goal is 20% of General Fund operating expenses. The reserve amount as of August 1, 2024 is currently at $20,276,870.
● Conference Center Facilities Reserve Fund.

The goal is a reserve fund of $10 million and a contribution of $750,000 annually.

The balance as of August 1, 2024 is $2,588,739.
● Sports Center Facilities Reserve Fund.

The goal is a contribution of $750,000 per year. The balance as of August 1, 2024 is Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 26, Packet Page 280 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

$2,500,000.
● Pension Reserve Fund to address the unfunded Pension Liability and Other Post Employment Benefit (OPEB) Liability.

Total Pension and OPEB Liability is at $190,774,723 as of the last actuarial date of June 30, 2022. In October 2022, Council adopted a pension reserve fund authorizing annual funding of $1 million to $2.5 million each year. On March 21, 2023, Council approved the establishment of the Section 115 Trust with initial funding of $2 million.

The balance as of August 1, 2024 is $6,000,000.
● Sea Level Rise Contingency Fund (Tidelands).

The goal is a contribution of $250,000 per year. The balance as of August 1, 2024 is $500,000.
● City Facilities Reserve Policy.

The goal is a contribution of $250,000 per year. The balance as of August 1, 2024 is $850,000.
● Parking Fund: Parking Garage Facilities Reserve Policy.

The goal is a balance of $500,000. The balance as of August 1, 2024 is $250,000. ● Public Safety Facility & Maintenance Reserve Policy.

The goal is a balance of $10 million and a contribution of $250,000 per year.

The balance as of August 1, 2024 is $250,000.
● Library Facility & Maintenance Reserve Policy.

The goal is a balance of $10 million and a contribution of $250,000 per year.

The balance as of August 1, 2024 is $250,000.
 Reserve Maintenance Policy and Follow-Up. The City will contract with a consulting firm to provide additional feedback on all of the City’s reserves to ensure the sustainability and best practices and uses of the funds given the competition for the limit resources.

A presentation will be presented to City Council in January/February 2025.

Support business retention and business attraction efforts through partnerships with local business, business associations, and the chamber of commerce.

Business Retention & Attraction - Staff Work Program Efforts:

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 27, Packet Page 281 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

● Continue collaborative efforts with the business community and business associations.

Continue liaison roles and participation in regular business association meetings between City staff and the City’s business associations: Old Monterey, North Fremont, New Monterey, Cannery Row, and Fisherman’s Wharf.
● Actively participate and engage with business organizations on a regular basis.

Continue participation in meetings with the Old Monterey Business Association, New Monterey Business Association, Fisherman’s Wharf Association, North Fremont Business Association, Cannery Row Business Association, and Monterey Peninsula Chamber of Commerce.

Support our military installations (U.S. Army Garrison Presidio of Monterey, Naval Support Activity Monterey, and U.S. Coast Guard Station Monterey) as significant economic drivers in the region.

Support Military Installations - Staff Work Program Efforts:
● Provide base operations support for the Presidio of Monterey under an Intergovernmental Support Agreement.

Completed Intergovernmental Support Agreement (IGSA) renewal negotiations in March 2023. City General Services staff and Presidio DPW staff currently reviewing the Preventative Maintenance Plan for the operations.. The City is currently reviewing the implementation of the Preventative Maintenance Plan for the operations. City Council’s adopted FY25 budget includes the addition of three (3) field positions to assist with the Presidio’s enhanced Preventative Maintenance Plan. As part of the renewed IGSA, the City is now entering and processing work orders in the Army’s enterprise financial system, known as GFEBS.
● Complete the Monterey Bay Military Communities Compatible Use Study in collaboration with the Department of Defense, U.S. Navy, and U.S. Army.

Presented to Council in June 2023 and finalized.
● Continue to support the Monterey Bay Defense Alliance (MBDA).

Facilitate an updated Economic Impact Study in 2022. Hosted a regional meeting in June 2023 with representatives from Naval Support Activity Monterey, DLIFLC, Presidio of Monterey, Fort Hunter Liggett, and other partners. In summer 2024, MBDA entered into an agreement with Matrix Design Group on this study, which is slated to be Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 28, Packet Page 282 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

completed by November 2024.
● Continue collaboration on State-level advocacy through the California Defense Communities Alliance (CDCA).

Ongoing.
● Engage with Team Monterey partners to identify collaboration and potential federal funding sources.

Continuing discussions with military partners from the Presidio of Monterey, Coast Guard Station Monterey, Naval Support Activity Monterey, Fort Hunter Liggett, and Fleet Numerical Meteorology and Oceanography Center leaders; and city leaders from Del Rey Oaks, Pacific Grove, and Seaside.

Identify and seek grant funding opportunities for City services and infrastructure, including parks, recreation, library, museums, public safety, fire prevention, and planning.

Grant Funding - Staff Work Program Efforts:
● Seek, solicit, and manage federal, state, local, and nonprofit grants Citywide through a coordinated effort.

Continued working with our grants consultant in 2023 to help identify, apply for grants, and manage grant efforts across the City organization. Since December 2022, the City has been awarded five grants totaling $953,471 in funding; currently pending are six grants totaling $1.03 million. The City submitted seven grant applications totaling $2.06 million that were not awarded.
● Conduct facility repairs at the Monterey Sports Center utilizing California State Parks’ Per Capita (Proposition 68) Grant Funds.

Application submitted in January 2022; Council approved revenue appropriation in December 2022. Projects made progress in January 2023. Studio II windows were replaced; Front doors were replaced with an automatic sliding door; over half of the exterior natatorium doors were replaced. Remaining exterior natatorium doors were installed in fall of 2023. In progress in summer 2024, are replacement awnings for the Natatorium doors and new awnings for the Sun Deck to better serve birthday parties and special events. Staff is auditing remaining funds and will continue work as funding allows.
● Secure a California American Water grant for a water-conserving landscape project at San Carlos Beach Park.

Council approved Grant Agreement in June 2023 and project was completed in August Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 29, Packet Page 283 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

2023.
● Pursue U.S. Department of Agriculture (USDA) Urban and Community Forestry Grant.

Application submitted May 2023. The City was not selected for this grant. ● Pursue California State Library grants.

In 2023-2024 received multiple grant from the California State Library to fund library services. Two new Pillar Privacy Booths through the EmPOWERing access grant, backpack lending kits, and California State Parks passes. makerspace equipment facilitated through Pacific Library Partnership. Increased digital collections of California History Room through California Revealed, and Blue Whales education facilitated through the national Science Foundation and STARNET Libraries. ● Pursue State and Federal transportation, infrastructure, and safety grants.

Staff will continue to prepare and submit applications in 2025. The Fire Department submitted for a California Office of Traffic Safety grant to replace/up Implement grantfunded quick build project at Larkin and Madison as part of our Safe Routes to School efforts. The Fire Department received a grant for EMS safety equipment from Montage in May 2024 valued at $98,167.23 and a grant for marine safety equipment from the Homeland Security Grant Program in June 2024 valued at $14,901. ● Pursue FEMA Grant funds for Public Safety
Applied for an Assistance to Firefighters Grant (AFG) in February 2022 to replace the emergency alerting system in fire stations. The grant was not awarded. An Assistance to Firefighters Grant (AFG) application was submitted in February 2023 for replacement ladders and thermal imaging cameras. The grant was not awarded. Applied for the AFG grant in March 2024 for funding for employee paramedic training/certification and awaiting a determination. Applied for Fire Prevention and Safety (FP&S) grant in April 2024 to create a chipper program and awaiting a determination. ● Received Local Early Action Planning Grant (LEAP), Regional Early Action Planning Grant (REAP) and Permanent Local Housing Allocation (PLHA) Funds. o REAP and LEAP funds received in 2021 were used to prepare the Housing Element Update and the associated Environmental Impact Report. The Housing Element update was approved by City Council in July of 2024. o The City issued $110,598 in PLHA funds to MidPen Housing to cover predevelopment costs for the 100% affordable housing project behind City Hall.

Loan paperwork was finalized.
o The City was awarded an additional $2.4M in REAP 2.0 funds in the fall of 2023 to further fund pre-development costs for the 100% affordable housing project behind City Hall.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 30, Packet Page 284 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

o PLHA is a 5-year Plan Cycle. The City has applied for additional PLHA funding to assist people experiencing homelessness by funding homeless shelter activities. ● Secure Wet Utility (Storm & Sewer) Infrastructure Funding opportunities.

Executed agreement with the SWRCB for the $1 million State Budget Appropriation in support of on-going project development efforts with M1W and MPWMD for the El Estero Urban Diversion Project. In January 2024, the City Council approved a grant agreement accepting $500,000 Proposition 1 IRWM Implementation Grant via MPWMD (from CA DWR) in support of ongoing project development of the Olivier Street Stormwater Urban Diversion Project (partners: MPWMD, IRWMP stakeholders, and M1W).
● Explore opportunities to receive donations and community support for museums and other community efforts typically provided by nonprofit organizations.

Staff has been in discussions with the Community Foundation for Monterey County to establish ‘Agency Stewardship Funds’ that would receive donated funds for museums, sports center camperships, and other programs.

Prioritize funding models and sources for facility rehabilitation, repair, and replacement.

Funding Models and Sources for Facility Needs - Staff Work Program Efforts:
● Implement a new Parks and Recreation Facility Fee, diverting 5% of related fees to be used exclusively for facility repair and rehabilitation. Completed.

Adopted in December 2021; took effect January 1, 2022. At the end of FY22 the accumulated balance was $105K, the collected amount for FY23 was $222K, the collected amount for FY24 was $301K, and the projected amount to be collected for FY25 is $301K.
● Funded critical projects in the Monterey Sports Center.

Funded key projects. Projects slated for FY25 include dehumidifier replacement, pool replastering, natatorium rehabilitation, protective coating for gym and studio floors, etc.

The design work for the dehumidifier is complete, and the project was awarded to a contractor. The material won’t be available until March 2025 and construction is expected shortly thereafter. The final specs for the pool re-plastering and natatorium upgrade are currently under review and will go to bid soon. The weight room upgrade was completed in June 2024.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 31, Packet Page 285 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

● Perform a Sanitary Sewer Rate Study.

The Sewer Utility Master Plan (SUMP) project was finalized in 2024. The SUMP identified sanitary sewer infrastructure needs over the next 10 years. This information was used in the Sewer Rate Study which was presented to Council in 2024. New Sewer Rates were approved by City Council in June 2024 following a 218 process. ● Perform a Storm Drain Utility Master Plan and Rate Study.

The Storm Drain Utility Master Plan (SDUMP) needs to be updated and the rate study refreshed. The Storm Drain Utility Master Plan will identify storm drain infrastructure needs over the next 10 years and develop cost estimates for the improvements. This information will be used in the Storm Drain Rate Study which will recommend new rates to be adopted.

Track, monitor, and respond to ongoing pension liability costs.

Pension Liability - Staff Work Program Efforts:
● Pension Reserve Policy/Section 115 Trust Update/Actuarial Update. The City will contract with a consulting firm to provide the Council will an update to the City’s Unfunded Accrued Pension Liabilities.

A presentation will be presented to City Council in January/February 2025.

Drive innovation through technology and business solutions that enhance productivity and effectiveness for staff, as well as customer service for the public.

Technology and Business Solutions - Staff Work Program Efforts:
● Provide user-friendly, 24/7 access to registration for recreation programs, facility reservations, and Monterey Sports Center memberships through new recreation management software.

Implemented SmartRec software in December 2022 for Sports Center and Recreation Division members and participants. Project completed.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 32, Packet Page 286 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

● Complete the cemetery mapping and software enhancements project.

Project began in early 2021, with estimated completion in the second quarter 2025. ● Purchase and implement an online budget software system. The City purchased an online budget software system from OpenGov. The software is in the implementation phase.

The budget book is slated to be updated on City’s website by end of August 2024. The other phases are scheduled to be completed by October 2024. ● Purchase and implement a new financial software (ERP) system. The system will be able to improve and streamline processes, improve budgeting functions, integrate with human resource functions, and provide more robust reporting.

The City hired SDI Presence to conduct a needs assessment and prepare the RFP for the new financial software ERP system. SDI met with City staff in late May of 2024 and submitted the first draft of the needs assessment in early August 2024. The RFP is projected to be ready for release in early October 2024. The City anticipates selecting a software system in February/March 2025. Purchase and implementation should commence in late spring 2025. This implementation is projected to continue for three years until a go-live date.
● Implementation of new online permitting portal for Community Development.

The project restarted in January 2024. The Building Division is in the process of streamlining the permit workflow with the Information Services Division (ISD) and the vendor. Once complete, ISD and the vendor will begin implementing the capability for citizens to apply for their permits online via the portal, expected to go live by the end of 2024.
● Implement City of Monterey mobile application and Customer Relationship Management (CRM) solution to centralize and organize citizen requests and reporting with a City branded solution. Citizens can upload pictures and easily report concerns.

The City has soft launched the City’s online citizen portal, MyMonterey, which allows citizens to submit requests with attachments and search for permits. The City plans to conduct a full launch with a smartphone app by early 2025. ● Purchase and implement a new public computer time management, fee collection, and printing solution at the Library.

A new printing solution has been selected and is being implemented. The project is scheduled to be completed by December 2024.
● Continue implementation of new parking technology solutions to include expansion of the Automatic License Plate Recognition (ALPR) system and introduce digital permits.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 33, Packet Page 287 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Projects began in 2021 and will continue into early 2025. ● Continue the Citywide transition from Google Workspace to Microsoft 365.

Phase 1 completed in December 2021; Phase 2 completion began in fourth quarter 2022 and was completed in early 2023. Additional features and expanded services are being considered for 2025.
● Digitization and online storage of documents and forms in Finance, Human Resources, City Clerk, and Community Development Departments into the City’s enterprise document management system (OnBase) and DocuSign.

Project started in late 2020. Project is to restart in the first quarter of 2024, with estimated completion in early 2025.
● Implementation of a new contract management solution in OnBase.

Project restarted in July 2023 with pilot testing taking place in 2024. ● Purchase and implement new mobile computers for end-of-life equipment in Fire Department vehicles.

Completed in June 2024.
● Implement new network infrastructure equipment to replace end-of-life equipment and allow for staff mobility and access to City resources.

Funding allocated in FY23 fiscal budget. The $1.5 million project started in July 2023 and all remote sites have been upgraded as of July 2024. Data Centers will be complete by October 2024.
● Evaluate, purchase, and implement a new efficient data storage and backup solution to replace end-of-life hardware.

Funding was allocated in the FY23 fiscal budget and approved by the Council in July 2022. Project completed April 2023.
● Implement new police telephone call recording system to replace end-of-life equipment.

Funding allocated in FY23 fiscal budget. The City’s upgrade to the new VoIP phone system in summer 2024 supports this effort. Implementation are planned for late 2024. ● Implement new fire inspection and pre-planning solution.

The project started in the fourth quarter of 2021, with project completion planned in early 2023.The project was completed in July 2023.
● Implement new cybersecurity awareness training for all employees.

Ongoing.

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CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

● Implement a strategic plan for the City’s Infor Enterprise Resource Planning (ERP) system.

The plan provides for automating services, mobility for field staff, more online services, and collaboration for improved operations. Funding allocated in the FY24 fiscal budget.

Project started in July 2023 and was completed in June 2024. ● Implement emergency satellite communications in the EOC and provide mobile Starlink broadband satellite internet systems for City emergencies when AT&T fiber is cut, or other cellular means of communication are unavailable.

The project was completed in July 2023.
● Remove the end-of-life technology systems and implement all new technology in the City Council Chambers.

Funding allocated in the FY24 fiscal budget. 90% complete on the design phase of the project as of August 2024. Project is expected to commence in early 2025. ● Remove end-of-life systems and implement new technology in the Emergency Operations Center.

Funding allocated in FY24 fiscal budget. 90% complete on the design phase of the project as of August 2024. Project is expected to commence in early 2025. ● Evaluate existing communications infrastructure to identify opportunities to reduce costs, remove end-of-life hardware, and increase available services to provide robust Citywide Voice Over IP (VOIP) communications.

Funding allocated in the FY24 fiscal budget. Purchase planned in the first quarter of 2024. The project was completed in July 2024 and the City is addressing audio quality concerns.
● Hire a vendor to conduct cyber security network penetration testing to confirm the City’s network is protected from bad actors.

Ongoing.
● Replace end-of-life multifunction copiers/printers and implement a solution to track printing costs to identify areas to reduce paper use.

Project completed in June 2024.
● Evaluate Microsoft Power Apps and Power BI as possible solutions to increase collaboration, provide timely reporting, reduce costs, and increase data transparency.

Funding allocated in FY 2024. Technical staff started training in July 2023 and is ongoing.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 35, Packet Page 289 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

● Develop and implement an open GIS data website to provide transparent information to the public on all types of graphical information that is searchable, downloadable, and printable.

The project started in June 2022 and is being worked on as time permits. Ongoing. ● Develop and implement a one-year strategic plan for the City’s Hyland OnBase enterprise content management system with Finance, Human Resources, City Manager, and City Attorney’s departments to identify areas to automate processes, improve services, reduce costs, increase collaboration, increase online services, and digitize work processes to reduce paper consumption.

Funding allocated in the FY24 fiscal budget. The project kicked off in August 2023 and continues through 2025.
● Implement monterey.gov for the City website and email to comply with the State government’s requirement that local governments use a .gov domain.

The project started in June 2023. Approval received by the Federal government’s .gov registry in November 2023. The City began promoting monterey.gov in spring 2024 and is expected to complete this project by the end of 2024. ● Implement a Rental Inventory solution.

The City Council adopted the Rental Inventory Ordinance in 2023. Registrations began in January 2024 and continue.
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Value Driver #4: Provide sufficient resources and support to develop, retain, and recruit a high-quality city workforce.

The Council knows that the quality of city services correlates directly with the quality of city employees. For that reason, the Council is committed to supporting strategies that ensure Monterey can consistently attract, develop, and retain employees capable of delivering services consistent with their vision for the future of the City, including providing employees with the tools and resources they need to be successful in serving the public.

Develop, Retain, and Recruit a High-Quality Workforce - Strategic Priorities:

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 36, Packet Page 290 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Recognize that our workforce is our greatest resource for providing the service that our community deserves by providing city staff with the tools, resources, coaching, and feedback they need to perform well.

Tools, Resources, Coaching, and Feedback for Employees - Staff Work Program Efforts:
 Implement NEOGOV’s HR Performance Management Software to promote employee performance, coaching, and feedback for City employees through a new evaluation process and workflow system.

Employee training held in August 2024, implementation scheduled for September 2024.  Expand staff development and promotional opportunities for City employees through a new Promotion Pathway – Navigating Workplace Advancement training.

Employee training available in August 2024
 Provide cost-effective training to employees throughout the City through webinars and in-person training led by legal experts in labor and employment law through consortium membership.

Ongoing
 Digitize all personnel files to enhance efficiency and improve accessibility.

Completed in April 2024
Implement best practices in Diversity, Equity and Inclusion (DEI) through training, performance, hiring, and recruitment efforts.

Diversity, Equity, and Inclusion - Staff Work Program Efforts:
 Implement recruitment process enhancement to include Bias Awareness Training for Oral Board Raters.

Implemented in April 2024 and Ongoing
 Utilize diverse interview panels to transform our hiring practices and help retain top talent.

Ongoing
Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 37, Packet Page 291 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Foster employee safety and wellness, including the provision of a robust safety program, employee-centric and employee-led Safety Committee, frequent safety tailgate meetings, an efficient vehicle fleet management program, and other efforts.

Employee Safety and Wellness - Staff Work Program Efforts:
 Complete the 12-month employee safety training calendar and finalizing the positionspecific training requirements index.

Estimated completion date is October 31, 2024.
 Continue biennial AB 1825 Harassment Prevention Training required of all employees, volunteers, boards and commission members and City Council.

Ongoing
 Implement the mandated SB 553 Workplace Violence Prevention Plan, administering annual training and maintaining a violent incident log.

Estimated completion of training is November 2024.
 Conduct annual Benefits Fair to educate employees on their options.

Next benefits fair to be held on September 19, 2024
 Organize a biometric screening in collaboration with local healthcare facility to support employee wellness, promote healthy lifestyle awareness, and provide opportunities for early detection of health issues.

Biometric screening to be held on September 19, 2024
 Continue to facilitate wellness initiatives, including the Fitness Activity Program, the Bicycle Commuter Program, and the new provision of enhanced access to our Employee Assistance Program for Safety Employees.

Ongoing
Provide fair, competitive, and market-rate compensation and benefits to employees through effective labor negotiations.

Labor Negotiations - Staff Work Program Efforts:

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 38, Packet Page 292 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

 Negotiated 3-year term successor labor agreements with the City’s seven bargaining units that are fair, competitive, and market driven.

New labor agreements effective July 1, 2024

 Conducted and implemented a city-wide Total Compensation Study that analyzed internal and external data regarding salary and benefit packages.

Total compensation study was completed late 2023 and market wage adjustments effective July 1, 2024.

Value Driver #5: Champion regional and local efforts to secure adequate, affordable, and sustainable water sources for the city, now and into the future.

The Council recognizes that access to a dependable supply of fresh water is a significant gating factor that impacts the City’s ability to provide affordable housing and promote economic vitality consistent with the goals described in the City’s General Plan.

Secure Water Sources - Strategic Priorities:

Continue to advocate and lobby on behalf of the City of Monterey’s interests on regional water issues, with an emphasis on securing water for affordable housing projects.

Participate and collaborate in local and regional efforts to identify new water sources and increase local water supply capture opportunities.
 Continue collaborations with the Monterey Peninsula IRWMP and Pure Water Monterey partners to increase capture of urban runoff with a diversion to the regional sanitary sewer collection system for treatment and water supply augmentation that may, in the regional context, assist with future water supply discussions with the State.

Two (2) diversion projects are planned to divert a portion of urban stormwater runoff to the City and regional sewer collection systems for regional treatment and water supply and reuse purposes. The Lake Project will divert a portion of El Estero Lake urban runoff, that is otherwise pumped to the Monterey Bay, into the sewer system. Similarly, the Olivier Project is planned to divert a portion of the downtown urban runoff, that is otherwise discharged into the Harbor to the sewer system. Both project concepts were Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 39, Packet Page 293 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

identified and prioritized as a part of the regional Stormwater Resource Plan (SRP) within the Monterey Peninsula Integrated Water Resources Management Plan (IRWMP) for implementation as funding became available The City hired Scaff and Wheeler for design services for both projects through an RFP process. The projects are in the preliminary engineering phase.
 Continue potential collaboration with Marina Coast Water District (MCWD) on additional water supply for the former Fort Ord and other needs in the City of Monterey.

On August 1, 2023, the City Council agreed to have staff continue working with MCWD on potential partnerships to secure additional water for Monterey. Staff are working with MCWD, Monterey Peninsula Water Management District (MPWMD), California American Water, and Monterey One Water to determine options, feasibility, costs, and next steps.  Continue advocacy efforts to secure water for the City of Monterey and the region.

The Mayor and staff participated in a regional meeting hosted by State Senator John Laird, featuring the State Water Resources Control Board staff and regional agencies, to discuss water supply concerns and the existing Cease and Desist Order (CDO).

Water & Housing - Staff Work Program Efforts:
 Submit letters to encourage the State Water Resources Control Board to open up water allocations for affordable housing projects.

Letters sent in 2020 and 2021; ongoing. The SWRCB responded in July 2022 that water allocations cannot be given until a replacement water supply is provided.  Collaborate with the California Department of Housing and Community Development (HCD).
 The City Council certified the Monterey 2031 General Plan Update Environmental Impact Report (EIR) and approved the update to the Housing Element (2023- 2031) with revisions on July 16, 2024. The revised Housing Element was made available for public review and subsequently submitted to HCD for review/certification on August 5, 2024.

Continue to develop and seek funding for City Water Supply-Related Projects and their implementation with regional partners and stakeholders.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 40, Packet Page 294 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Value Driver #6: Support efforts and policies that provide equitable access to affordable housing in Monterey and the region.

The Council embraces efforts that provide equitable access to affordable housing, including balanced approaches to increase housing supply, rental resources and assistance, and housing rehabilitation grants to homeless, low-income, senior, and disabled individuals.

Affordable Housing - Strategic Priorities:

Support affordable housing through modern zoning policies/ordinances, ADU policies, housing grants, review of density requirements, and consideration of Cityowned sites for affordable housing.

Affordable Housing - Staff Work Program Efforts:
 Adopt an update to the City’s Housing Element and Housing Action Plan.

The City Council adopted the update to the Housing Element in July of 2024. The Housing Element includes a robust Housing Action Plan that details various programs aimed at creating additional opportunities for affordable housing. These programs include revisions to residential development standards, adoption of local density bonus incentives and reduced parking requirements for qualifying projects.  Support the development of affordable housing on City-owned Sites.

Pre-development activities are underway for the 100% affordable housing project located behind City Hall including environmental and historic review as well as site and building design. The City also received $2.4M in grant funding to further support this project.
 Provide Council with the requested update on rental units in the City of Monterey.

The City Council received a staff presentation in September 2021 that included an overview of the City’s current housing program and general information regarding Rent Control and Rent Stabilization measures; February 2022 Council received a report on Rent Inventory Programs and directed staff to prepare a draft Ordinance; May 2023 City held a Rental Registry Town Hall. The Rental Inventory Ordinance was adopted on November 4, 2023. The City launched the Rental Inventory program January 2024 and online registrations are now underway. City staff held workshops in the City library to assist people and explain the registration process.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 41, Packet Page 295 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

 Create guidelines and launch a Monterey Rental Assistance program.

City staff held a study session to review draft program guidelines for the rental assistance program on February 28, 2024. Final Guidelines were approved by City Council on March 19, 2024 and the program launched on April 12, 2024. The program opens around the middle of each month to allow applicants the opportunity to apply when they might need assistance.

Address homelessness through programs and partnerships such as the Multidisciplinary Outreach Team (MDOT) and continued support of homeless service agencies through the City’s Community Development Block Grant program such as but not limited to Gathering for Women and Community Human Services.

Homelessness - Staff Work Program Efforts:
 The MPD’s Multi-Disciplinary Outreach Team (MDOT) will continue to work side-byside with various governmental and non-governmental organizations to offer, provide and find solutions for those who are unhoused.

In 2023, the MPD and MDOT offered information on services in every contact they had with those who were unhoused. Council approved a “Homeless Navigator position” to be added to the MPD MDOT team during the FY23-24 budget and a homeless navigator started with the MPD in December 2023. The MPD also opened the MPD Outreach Center at the Former French Consulate building adjacent to Lake El Estero in 2023 in a waterfront location to better serve the public and the unhoused. In 2023 – The MPD CAT/MDOT Team - abated over 700 illegal encampments, provided services to the unhoused 135 times and had services declined 154 times.  Research the creation of a warming shelter and navigation center for the unhoused in the City of Monterey.

The City Manager’s Office will coordinate the efforts of various City Departments and non-governmental agencies to explore and offer suggested alternatives to create a navigation center in Monterey potentially.
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Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 42, Packet Page 296 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Value Driver #7: Expand opportunities for people of all ages and abilities to bike and walk safely through active transportation, accessibility, and safety initiatives.

The Council is committed to developing policies and supporting plans that create an environment where people, bicycles, buses, trolleys, and motor vehicles can move through the community safely and efficiently. The City Council also prioritizes pedestrian and bicyclist safety and mobility over driver convenience and continues to value “Vision Zero” strategies of education, equity, engineering, evaluation, and enforcement.

Active Mobility - Strategic Priorities:

Maintain and repair core street, roadway, and storm drain infrastructure.

Street, Roadway, and Storm Drain Infrastructure - Staff Work Program Efforts:
 Continue implementation of the Traffic Signal Adaptive System in order to have all arterials running on the SCOOT system, which reduces greenhouse gas emissions and enhances quality of life.

The Franklin Corridor, the final arterial corridor, will be added to the traffic signal adaptive system by late 2025.
 Seek grants to fund safety enhancements for pedestrians, bicyclists, and motorists.

Efforts will continue in 2024. Active Transportation Program, Highway Safety Improvements Program, and Reconnecting Communities grant applications will be submitted in 2024. In 2023, the City was awarded Safe Streets for All Grant Funding to develop a Local Road Safety Plan (LRSP), which is anticipated to be completed in summer 2025.
 Continue implementation of road rehabilitation and storm drain infrastructure, funded through SB 1, Measure P and S, and Measure X.

In FY 24/25, City staff estimate approximately $1.6M in funding from gas tax/SB 1, $12.3M in funding from Measure P/S, and $1.4M in funding from Measure X. implemented In FY 24/25, the City plans to deliver multiple road rehab projects.

Streets segments include portions of Beach Way, Del Monte Ave, Hawthorne St, Jackson St, Monroe St, Surf Way, Van Buren St, and Wainwright St.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 43, Packet Page 297 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Provide and deploy effective parking facilities, programs, and enforcement tools that support resident, business, and visitor access to various business districts and neighborhoods.

Parking - Staff Work Program Efforts:
 Utilize technology and modern parking tools to digitize the on-street residential parking program to manage and improve on-street residential permit management.

Upgraded to ALPR Enforcement in 2022.
 Standardize and enhance parking lot signage across all off-street public parking lots to ensure consistency and clarity.

Began updating signage in the Waterfront Lot and continuing to make updates throughout City lots. Completion is slated for mid-2025.

Continue supporting planning and construction efforts for regional trail networks.

Regional Trail Networks - Staff Work Program Efforts:
● Support the Fort Ord Regional Trail and Greenway (FORTAG).

Staff continues to seek grant opportunities for projects that connect to FORTAG within the City of Monterey, along North Fremont Street and Laguna Grande Regional Park.

FORTAG Project is currently out to bid for Phase I.
● Seek grant funding and finalize the design for the North Fremont “Gap” Project that connects the City’s bike and pedestrian network to FORTAG.

Staff partnered with the Transportation Agency of Monterey County (TAMC) on an Active Transportation Program Grant which included Phase 2 of FORTAG and the North Fremont “Gap” Project. The application was submitted in June 2024 and staff anticipate announcement of results in November 2024.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 44, Packet Page 298 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Continue to enhance mobility for people of all ages and abilities.

Mobility for All Ages and Abilities - Staff Work Program Efforts:
● Complete an update to the City’s ADA Transition Plan.

ADA Transition Plan work began in 2022 and is expected to conclude in 2024 following a public engagement process.
● Continue the implementation of ADA-compliant curb ramps funded by Measure P/S.

Ongoing. Several ADA Curb Ramp projects are planned in FY 24/25 in Old Town, Downtown and Del Monte Beach neighborhoods. Additionally, new curb ramps are also planned as part of road rehab projects on Van Buren St, Jackson St, and Del Monte Ave.
● Continue to implement APS (Audible Pedestrian Signal) installation at signalized intersections.

Ongoing. ADA signal upgrades are planned in FY 24/25 at the intersections of Franklin St at Washington St, Franklin St at Tyler St, and Del Monte Ave at Casa Verde Way. ● Continue to look for opportunities to enhance the transportation network to include pedestrian and bike facilities
Ongoing
● Continue to procure grants in order to provide safety education and encourage programs such as Safe Routes to School to encourage more walking and biking.

Ongoing
● Implement seasonal ADA-accessible beach mats at feasible locations in Monterey.

Utilizing NCIP funding, installed approximately 200 feet of accessible beach mat at Municipal Beach from the Recreation Trail to the High Water Line adjacent to Wharf No. 2 in June 2023. A second beach mat was installed in June 2024 near the Monterey Bay Park.
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Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 45, Packet Page 299 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Value Driver #8: Preserve, promote, and maintain our City’s historic and cultural resources through responsible stewardship and historic preservation that highlights the contributions and perspectives of all people who are a part of Monterey’s diverse history.

The City Council is committed to supporting policies and plans that ensure the protection, appropriate development, and use of the City’s historic and cultural assets. The City Council also recognizes the importance of sharing the City’s diverse history through the lens of the Native Americans, Latinx, Euro-Americans, African Americans, and Asian American/Pacific Islander communities who have contributed to the Monterey community.

Historic Preservation & Diversity - Strategic Priorities:

Ensure that the community’s history is interpreted and presented from a social justice lens.

Interpretation of History from Social Justice Lens - Staff Work Program Efforts:
● Develop a social justice and equity framework for the City’s Museums Division in collaboration with the Museums & Cultural Arts Commission.

Draft Social Justice and Equity template has been developed for Museums department program planning, marketing, presentations, and print media through the Expanded Path of History project. The template is a checklist to review accessible options for public programs and documents provided by Museums department. Consider integrating into City-wide Diversity, Equity, and Inclusion framework.
● Seek grant funds to pilot historic walks outlined in the draft Path of History Master Plan that tell our history from the perspective of first peoples and diverse ethnic groups that shaped Monterey’s past and present.

Community Impact grant funds awarded in summer 2022 through Community Foundation for Monterey County to expand the current Path of History. Public Meetings were held in August of 2023; plan was presented at Museums Commission and Historic Preservation Commission meetings; public walks were held; draft Expanded Path of History Plan adopted by Museum & Cultural Arts Commission in 2024. Finalized plan will be added to Monterey Walking Tour mobile app and printed flyers.

Preserve and protect Monterey’s maritime history.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 46, Packet Page 300 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Maritime History - Staff Work Program Efforts:
● Work with the Western Flyer Foundation to able to host short-term the Western Flyer fishing boat chartered by John Steinbeck to Monterey.

The City hosted the Western Flyer homecoming event on November 4, 2023, a collaboration of the Harbor and Museums Divisions and Fire Department. City staff are working on completing minor retrofits to support this vessel.

Value Driver #9: Foster a local government that is transparent and collaborative and solicits, welcomes, and appreciates input from all.

The City Council is committed to transparency, collaboration, and engagement with all of our residents, neighborhoods, businesses, and community partners through robust channels of communication, including in-person, technology-based, and media outreach efforts. The City Council is also committed to providing core services to the community and partnering with business, nonprofit, military, and government partners where appropriate.

Transparent and Inclusive Government - Strategic Priorities:

Maintain and expand methods for the public to engage and interact with their city government using a variety of engagement tools, including media outreach, digital communications, and in-person engagement.

Digital, Media, and In-Person Engagement - Staff Work Program Efforts:
● Revise the City’s Conflict of Interest Code.

This is a scheduled update to ensure that appropriate City officials are identified and included in the filing requirement for the Statement of Economic Interests (Form 700).

The Conflict of Interest Code will be completed before October 2024, pursuant to FPPC direction.
● Conduct a robust and transparent candidate nomination period, bring four Charter amendments forward to the voters, and complete the transition of the City from at-large elections to district-based elections for City council members in compliance with the California Voting Rights Act (CVRA).

Adoption of Council districts and the first district-based election for Council Districts 1 Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 47, Packet Page 301 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

and 2 took place in 2022. Council Districts 3 and 4 will be on the ballot for the first time in November 2024, along with the Mayor who continues to be elected on an at-large (Citywide) basis. Council District 4, which was discovered during the districting process to have never had Council representation based on available City records, will choose between two qualified candidates on the November 5, 2024 ballot. In addition, four Charter amendments will appear on the City’s November 5, 2024 ballot along with the Mayor and Council seats.
● Continue to use online engagement tools such as Have Your Say Monterey on relevant topics and emerging issues.

Recent engagement project pages include a Rental Inventory Program, a Rental Assistance Program, the Old Capitol Site Master Plan Project, the Monterey Public Library Strategic Priorities Survey 2024, 2024 Budget Priorities Community Engagement, and a Monterey 2031 General Plan Update.
● Provide relevant, timely, and accurate information on City affairs, emergency incidents, and policy issues.

Consistent messaging and updates on all social channels and email marketing to reach our community members and encourage engagement on citywide topics. Attended multiple events to engage in person and help build community. Available and approachable by phone as well.
● Continue to improve reach on social media, incorporating a social media management tool to allow us to better plan and send posts in a timely manner. Reached over 10,000 followers on Threads since adding that platform in July 2023.

Provide information and access to tools and resources through the City’s website.

City Website - Staff Work Program Efforts:
● Launch new City website and Content Management System (CMS).

Updating the design and functionality of the City website, with a launch expected by the end of 2024. Supporting the upgrade of MyMontereyPortal with an outreach campaign after the new app is incorporated.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 48, Packet Page 302 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Understand City leaders’ values and priorities by facilitating annual discussions about the City Council’s Value Drivers and Strategic Priorities.

City Council Value Drivers and Strategic Priorities - Staff Work Program Efforts:
● Council to update Value Drivers and Strategic Priorities, and review City Staff Work Plan.

New vision, mission, and value drivers adopted in December 2021; Staff Work Plan updated in January 2022 and Summer 2022; revisited in January 2023, August 2023, January 2024 and August 2024.

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

Community Partnerships - Staff Work Program Efforts:
● Continue ongoing positive working relationships with Montage Health, Middlebury Institute of International Studies, Monterey Peninsula College, Naval Support Activity Monterey, U.S. Army Garrison Presidio of Monterey, Coast Guard Station Monterey, Monterey Bay Aquarium, Monterey Peninsula Unified School District, and other stakeholders.

Ongoing.
● Continue regional partnership efforts such as the Monterey Regional Storm Water Management Program that offer regular public meetings with opportunities for community input and engagement in the stewardship of local waterways, environmental protection, volunteer opportunities, and engagement from other governmental agencies, military, schools (K-12, graduate, and post-graduate), nonprofits, and private entities.

Ongoing.
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Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 49, Packet Page 303 Council
Agenda Report
FROM: Kimberly Cole, AICP, Community Development Director SUBJECT: Deny Appeal of Encroachment Permit #MENT 24-1038 871 Alice Street #26– POD in Public Right of Way; Applicant Greg Lindahl; Appellant Colin Gallagher (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council deny the appeal and adopt a resolution upholding issuance of Encroachment Permit #MENT 24-1038.

VALUE DRIVERS:

The Council is committed to developing policies and supporting plans that create an environment where people, bicycles, buses, trolleys, and motor vehicles can move through the community safely and efficiently.

POLICY IMPLICATIONS:

The City Code (Chapter 32, Article 3) creates a permit process to allow encroachments in the public right-of-way. The Code states, “the purpose of this Article is to provide a procedure for the authorization of encroachments by the issuance of permits where such encroachments are beneficial and do not constitute a danger to the public and to abate and cause to be removed all other encroachments that may now or in the future exist to be discovered to exist.” Annually, the Building Department coordinates the review and issuance of approximately 1,000 permits. Each permit need and review is unique to the site circumstances.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: Yes FISCAL IMPLICATIONS:

The applicant, Greg Lindahl, paid $226.44 to obtain an encroachment permit for the POD. This permit fee covered the permit review and issuance. Staff also conducted a site visit to confirm POD removal.

The appellant, Colin Gallagher, did not pay a fee for the appeal since the current fee schedule does not include an appeal fee for encroachment permits. The time to prepare the staff report, noticing and conduct the meeting is therefore covered by the General Fund.

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (Article 20, Section 15378). In Date: 8/20/2024
Item No.: 13.

Council Regular Meeting, 8/20/2024, Item No. 13., Item Page 1, Packet Page 304 №10/24
addition, CEQA Article 5, Section 15061 includes the general rule that CEQA applies only to projects 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, this is not a project because it does not cause a direct or reasonably foreseeable indirect physical change on or in the environment, this matter is not subject to CEQA. Subsequent projects resulting from this funding will be reviewed for their CEQA status.

ALTERNATIVES CONSIDERED:

Since the POD has been removed, there is no reason to grant the appeal. The issue is moot.

DISCUSSION:

On July 11, 2024, Greg Lindahl applied for an encroachment to place a POD in the public rightof-way at 871 Alice Street #26. The application specified that the original POD would be replaced with a second POD in the same location after the first one was filled. The application anticipated the POD would be needed from July 19th – July 26th.

On July 17, 2024, the City of Monterey Building Department issued an Encroachment Permit (MENT 24-1038) for POD in compliance with Municipal Code Chapter 32, Article 3. The following special conditions were placed on the project:

1. Temporary storage POD is not permitted to be placed on Alice Street due to narrow width, instead place on Withers Avenue.

2. Temporary storage containers must be placed against the curb. Temporary storage containers may not be propped up on curb, container width may not exceed 8 ft. less than 8 feet width preferred.

3. POD must not encroach into the travel lane

4. POD must not be placed where it obstructs visibility from adjacent driveways and/or intersections.

A POD existed in the public right-of-way from July 20, 2024 (Saturday) to July 26, 2024 (Friday).

Building Department staff verified the POD removal.

Each encroachment permit is reviewed by the Building Division and other City Departments as deemed necessary for the encroachment. In this particular case, the City’s Public Works Department required the POD to be placed on Withers Avenue due to the width of Alice Street.

It was a temporary encroachment allowing the tenant to either move items in or out of their residence.

Mr. Gallagher filed an appeal of the Encroachment Permit understanding the applicant intended to remove the encroachment permit by July 26, 2024. The appellant argues that “the issuance of the encroachment permit for the POD negatively impacts parking, invites crime in the neighborhood, and violates Monterey City Code Section 32-6.1.” The City Public Works Department reviews all temporary encroachments, and the City required specific conditions of approval to address circulation safety concerns. PODs do have temporary parking onstreet parking impacts, but they are temporary and usually only remove 1-2 onstreet parking spaces.

There is no evidence linking crime to PODs in our community. In staff’s opinion, the encroachment period was properly issued with site specific review pursuant to the Municipal Code.

Council Regular Meeting, 8/20/2024, Item No. 13., Item Page 2, Packet Page 305 №10/24
It is also important to note that renters occupy the majority of the City’s housing stock.

Residents periodically request PODs to accommodate their moving needs.

Pursuant to MCC 32-19.2 “On appeal the City Council may hear and determine the matter as if it were an original application.” As mentioned previously, the POD has been removed. The encroachment permit was properly issued after site specific review and conditions of approval were required. All encroachment permits have a condition of approval requiring its removal within 180 days. Staff can amend the standard permit conditions to require a reduced installation time for temporary encroachments if desired by City Council for future applications.

Therefore, staff recommends that the City Council uphold the issuance of the encroachment permit and deny the appeal.

Test
KC
Attachments: 1. Draft Resolution

2. Correspondence
e: Colin Gallagher
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, 8/20/2024, Item No. 13., Item Page 3, Packet Page 306 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№011/24
DENYING APPEAL OF ENCROACHMENT PERMIT #MENT 24-1038 871 ALICE STREET –

POD IN THE PUBLIC RIGHT-OF-WAY
WHEREAS, on July 11, 2024, Greg Lindahl applied for an encroachment to place a POD in the public right-of-way at 871 Alice Street #26. The application specified that the original POD would be replaced with a second POD in the same location after the first one was filled.

The application anticipated the POD would be needed from July 19th – July 26th; WHEREAS, on July 17, 2024, the City of Monterey Building Department issued an Encroachment Permit (MENT 24-1038) for POD in compliance with Municipal Code Chapter 32, Article 3;
WHEREAS, a POD existed in the public right-of-way from July 20, 2024 (Saturday) to July 26, 2024 (Friday). Building Department staff verified the POD removal; WHEREAS, the City of Monterey Planning Office determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (Article 20, Section 15378). In addition, CEQA Article 5, Section 15061 includes the general rule that CEQA applies only to projects 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, this is not a project because it does not cause a direct or reasonably foreseeable indirect physical change on or in the environment, this matter is not subject to CEQA. Subsequent projects resulting from this funding will be reviewed for their CEQA status.

WHEREAS, the POD was removed on July 26, 2024;
WHEREAS, Mr. Gallagher filed an appeal of the Encroachment Permit understanding the applicant intended to remove the encroachment permit by July 26, 2024. The appellant argues that “the issuance of the encroachment permit for the POD negatively impacts parking, invites crime in the neighborhood, and violates Monterey City Code Section 32-6.1”; WHEREAS, the City Public Works Department reviews all temporary encroachments, and the City required specific conditions of approval to address circulation safety concerns.

PODs do have temporary parking onstreet parking impacts, but they are temporary and usually only remove 1-2 onstreet parking spaces. There is no evidence linking crime to PODs in our community;
WHEREAS, renters occupy the majority of the City’s housing stock. Residents periodically request PODs to accommodate their moving needs; and WHEREAS, pursuant to MCC 32-19.2 “On appeal the City Council may hear and determine the matter as if it were an original application.” Council Regular Meeting, 8/20/2024, Item No. 13., Item Page 4, Packet Page 307

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 the appeal is hereby denied and issuance of Encroachment Permit (MENT 24-1038) is upheld.

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, 8/20/2024, Item No. 13., Item Page 5, Packet Page 308 Filing of Appeal of Encroachment Permit Issued for a POD on Withers in accordance with terms of Encroachment Permit Appeal Provisions
Colin Gallagher <[email protected]>
Fri 7/26/2024 10:03 AM
To:City Clerk's Office Team <[email protected]>
4 attachments (9 MB)
IMG_20240726_093906.jpg; IMG_20240726_093943.jpg; IMG_20240726_094002.jpg; IMG_20240726_094019.jpg; In accordance with appeal provisions provided on the Encroachment Permit on the POD on Withers, I am appealing the encroachment permit to the City Council (as expressly allowed for by the plain language of the encroachment permit itself, attached) due to that the issuance of encroachment permit for the POD negatively impacts parking, invites crime in the neighborhood, and violates Monterey City Code Section 32-6.1.

The specific question here for action in my appeal before the City Council is "shall the encroachment permit (and any renewals that have been issued for said permit) that the City has issued for the POD on Withers be revoked?"
This is different than the prior question which I am still attempting to get the City Council to put in the agenda relative to whether PODs will be allowed on public streets and sidewalks in our neighborhoods as a matter of City policy, or limiting them to event venues and one day (moving uses) only. Currently PODs are being allowed to be dropped into our neighborhoods into our public streets blocking our parking and public ways for long duration which is inconsistent with good experiences for our City residences and runs afoul of existing City Code, but which to resolve needs a whole action item unto itself to address the request for a change and interpretation in City Code on POD issues, which I have sent by separate email to [email protected] since that department is the one to handle code revision requests.

For the purpose of this email sent today to City Clerk, I am using this message to file an appeal of the encroachment permit that the City has issued for the POD on Withers and if the City has renewed the encroachment permit then I also appeal any renewal of the encroachment permit to place the POD on Withers or Alice (the vicinity of Huckleberry Hill townhouses at 871 Alice St, Monterey or Alice and Withers, Monterey).

Respectfully,
Colin Gallagher
871 Alice St Apt 6
Monterey CA 93940
[NOTICE: This message originated outside of the City of Monterey mail system -- DO NOT CLICK on links or open a�achments unless you are sure the content is safe.] Attachment 2
Council Regular Meeting, 8/20/2024, Item No. 13., Item Page 6, Packet Page 309 Re: Problem with POD obstructing roadway in violation of Monterey City Code / Requesting scheduling of matter before City Council to revoke encroachment permit and address Parking violations of City Code caused by PODs
Colin Gallagher <[email protected]>
Wed 7/24/2024 9:24 AM
To:Lori Lynn Williamson <[email protected]>;City Clerk's Office Team <[email protected]>;Tyller Williamson <[email protected]>;Kim Barber <[email protected]>;Gino Garcia <[email protected]>;Alan Haffa <[email protected]>;Ed Smith <[email protected]>
Cc:City of Monterey - Go Green Building Division <[email protected]>;Hans Uslar <[email protected]> 1 attachments (5 MB)
IMG_20240724_090249.jpg;
Some people who received this message don't often get email from [email protected]. Learn why this is important
I note that nobody from the City has answered my questions about how long this encroachment will last and why an encroachment permit was issued for a POD despite the presence of it on a public way being a clear violation of Monterey City Code, but rather the POD on Withers was removed a day priot and another POD (or perhaps the same one, I don't know) is now this morning as of 9 a m. (7/24) being deposited on Withers Street just below where I live. Why is this? Why is our street and area now a dumping ground for PODs?
When will this matter be reviewed before the City Council? How long will the Encroachment last (how long did the City authorize this monstrosity to be present on the street)?
Why has there been no notice by the City (no traffic signs saying there will be a partial street closure in an area, no cones or signs otherwise indicating dates when the street or segment of street is to be closed)? Why was the encroachment permit issued in violation of the plain language of Monterey City Code 32-6.1?
Why doesn't the Police, Traffic, Building / Community Development section or anyone in City Council care that these PODs dumped on our public streets are a crime magnet (basically are a box with an easily broken padlock) and may in fact be being used to facilitate crime? Why don't the above segments of City government care about City Code prohibitions of this activity and my valid concerns about parking limitations in the City of Monterey? I don't even have a place to park in the evening near my home when I come back late from work because of this POD.

How can I make it stop?
Picture enclosed.

Attachment 2
Council Regular Meeting, 8/20/2024, Item No. 13., Item Page 7, Packet Page 310 On Mon, Jul 22, 2024, 10:28 AM Colin Gallagher <[email protected]> wrote:

Hello,
Regarding the POD now obstructing our public street on Withers (uphill of the intersection of Alice and Withers) which is taking away from street parking and which has been placed in clear violation of City Code.

1. How long does this encroachment permit last?

2. Why was there no posting beforehand (with folding traffic signs) saying a portion of the street would be closed?

3. Was the encroachment permit issued without consideration of the plain language of Monterey City Code section
32-6.1, which reads in part,
"It shall be unlawful for any person or group of persons to intentionally obstruct or impede the free movement of any pedestrian or vehicle, or any group of pedestrians or vehicles within, on, in, or upon any public street, sidewalk, way, path, park, wharf, parking lot, or other public property within the City of Monterey (...)"
It seems to me, that a POD may be legally placed on private property, but an encroachment permit shall not be issued based on the plain language of this section.

The individual that has rented this POD has intentionally obstructed vehicles from parking on a public way. This is a plain violation of City Code.

Furthermore we do not know what is in the POD - the POD could be a drug shipment, or a shipment of other illegal goods. But it is locked merely with a padlock and invites any common criminal with a bolt cutter to obtain anything inside. The placement of a POD on a public street invites criminal activity as well as being a plain literal violation of City Code.

The City has issues an Encroachment permit which also violated City Code in this case since the City employees are not authorized to "intentionally impede the free movement" of "pedestrians" or "vehicles" "within, on, in, or upon" any "public street" or "way." The issuance of an Encroachment permit for the POD to block a portion of our street to keep us from parking, driving or walking in that portion of the street is a violation of City Code and the Encroachment permit should not have been issued.

As it is therefore I challenge this issuance and request this matter be raised to the City Council for review.

I also remind you that in this area our normal parking arrangements are for the one assigned parking spot inside our complex, and if we have other vehicles then to other "guest" parking spots that are covered or uncovered inside our own apartment complex. However, as we run businesses and must close them like many people in the city, we return each evening after taking care of customers, counting Attachment 2
Council Regular Meeting, 8/20/2024, Item No. 13., Item Page 8, Packet Page 311 cash and locking up, to find no available parking in the complex so we must park in the street for the evening before working again the next day. This POD takes up parking area that we must use and our alternative is to attempt to find parking blocks away which is already occupied by other people who have also come home late from work. I demand this POD be removed and be put onto private property.

Respectfully
Colin Gallagher
871 Alice St Apt 6
Monterey CA 93940
On Mon, Jul 22, 2024, 7:16 AM Lori Lynn Williamson <[email protected]> wrote:

Hi Colin,
Thank you for reaching out. According to our records, an encroachment permit was issued for this pod to be temporarily placed on Withers in accordance with Chapter 32, Article 3 of the City Code.

Sincerely,
Lori L. Williamson, PE, CBO, CASp
Chief Building Official
monterey.org/building
Desk: 831.646.5642 Email: [email protected]
Helpful Links:

Building Permit Applica�ons
Encroachment Permit Applica�ons
Residen�al Property Inspec�on Applica�ons
Business License
How to apply for a Building Permit
Permit FAQs
How to use your smartphone as a scanner
Format for pdf plans
How long will it take to review my plans?
Email E�que�e
Use mymontereyportal.gov/search to search records by address Attachment 2
Council Regular Meeting, 8/20/2024, Item No. 13., Item Page 9, Packet Page 312 From: Colin Gallagher <[email protected]>
Sent: Sunday, July 21, 2024 11:41 AM
To: City of Monterey - Go Green Building Division <[email protected]>; Lori Lynn Williamson <[email protected]>
Cc: Hans Uslar <[email protected]>
Subject: Problem with POD obstruc�ng roadway in viola�on of Monterey City Code / without encroachment permit
Some people who received this message don't often get email from [email protected]. Learn why this is important
Hello, my name is Colin Gallagher, and I believe you may have been contacted on this request by Andrea Denny from Public Works who passed my info along. Recently someone has deposited a POD (mobile storage unit) on Withers uphill of the intersection of Alice and Withers in plain violation of Monterey City Code, Sec. 32-6.1
I don't know who put the POD there,
I just want it towed away.

It was placed there on July 20th
in the afternoon (around 4 pm).

The POD is blocking a portion
of the public street where we normally
park and is also blocking a portion
of the sidewalk. In both respects this
violates Monterey City Code,
Section 32-6.1.

For the full text of 32-6.1 see: https://monterey.municipal.codes/Code/32-6.1 This reads:
"It shall be unlawful for any person or group of persons to intentionally obstruct or impede the free movement of any pedestrian or vehicle, or any group of pedestrians or vehicles within, on, in, or upon any public street, sidewalk, way, path, park, wharf, parking lot, or other public property within the City of Monterey, including the ingress or egress of such pedestrian or vehicular traffic from private property, the entrances to or from which abut any such public street, sidewalk, way, path, park, wharf, parking lot or other public property." I have filed a police report but also have contacted Public Works as I believe there is an encroachment issue warranting Public Works review. In response Public Works has indicated Building Department is responsible for issuing encroachment permits and I want to refer this to you in Building since it is a violation as there is obviously no encroachment permit for this POD, it has just been dumped in the street.

Attachment 2
Council Regular Meeting, 8/20/2024, Item No. 13., Item Page 10, Packet Page 313 Even if there were an encroachment permit for this POD (which I am certain there is not), it would not be allowed to be there because it is in plain violation of 32-6.1, specifically, it is "unlawful for any person or group of persons to intentionally obstruct or impede the free movement of any pedestrian or vehicle, or any group of pedestrians or vehicles within, on, in, or upon any public street, sidewalk (...)" and the POD placement indeed impedes my free movement and the movement of others upon the public street and sidewalk.

The tracking number for the police report I filed with Monterey Police Department is: T24000190 I am not sure of the case number but you could find it out by asking your police contact about the case regarding the POD on Withers.

I look forward to seeing this POD removed.

I have enclosed pictures of the POD they dumped on Withers with sufficient photographic information to identify the POD in question (showing the POD serial number / POD box number).

Respectfully,
Colin Gallagher
871 Alice St Apt 6
Monterey CA 93940
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[NOTICE: This message originated outside of the City of Monterey mail system -- DO NOT CLICK on links or open a�achments unless you are sure the content is safe.] Attachment 2
Council Regular Meeting, 8/20/2024, Item No. 13., Item Page 11, Packet Page 314 IMG_20240726_093906.jpg
Attachment 2
Council Regular Meeting, 8/20/2024, Item No. 13., Item Page 12, Packet Page 315 IMG_20240726_093943.jpg
Attachment 2
Council Regular Meeting, 8/20/2024, Item No. 13., Item Page 13, Packet Page 316 IMG_20240726_094002.jpg
Attachment 2
Council Regular Meeting, 8/20/2024, Item No. 13., Item Page 14, Packet Page 317 IMG_20240726_094019.jpg
Attachment 2
Council Regular Meeting, 8/20/2024, Item No. 13., Item Page 15, Packet Page 318 IMG_20240724_090249.jpg
Attachment 2
Council Regular Meeting, 8/20/2024, Item No. 13., Item Page 16, Packet Page 319 Council
Agenda Report
FROM: Brette Neal, Human Resources Director
Prepared By: Gina Russo, Assistant HR Director
SUBJECT: Authorize City Manager Employment Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) RECOMMENDATION:

That the City Council adopt a resolution to authorizing an Employment Agreement with City Manager, Hans Uslar.

VALUE DRIVERS:

Negotiating employment contracts is consistent with the City Council’s value driver to “provide sufficient resources and support to develop, retain, and recruit a high quality city workforce.” POLICY IMPLICATIONS:

The City is committed to supporting staffing decisions that ensure the best guidance for City Council and management of the City.

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

The increase in cost over 2024-25 base fiscal year is: $11,275.47 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
Date: 8/20/2024
Item No.: 14.

Council Regular Meeting, 8/20/2024, Item No. 14., Item Page 1, Packet Page 320 №10/24
ALTERNATIVES CONSIDERED:

The staff recommendation is consistent with recent City Council guidance.

DISCUSSION:

The City Manager is a single position classification appointed by the City Council. Hans Uslar was originally retained as City Manager by an individual employment contract adopted by Council on August 7, 2018 and a subsequent employment agreement was authorized by the City Council on August 2, 2022. The Employment Agreement has a current end date of June 30, 2027. Based on Council direction, Staff is recommending an updated employment agreement, included as Attachment 2, with the following salary and benefit terms:
 Term of Agreement July 1, 2022 – June 30, 2027;
 Base salary of $271,896;
 4% salary increase effective July 1, 2024;
 3.52% increase on base salary effective July 1, 2024;  In January, 2025 and solely within City Council discretion, a potential base salary increase of 2%;
 Increase City match up to $75 per pay period ($150 per month) to a City authorized Deferred Compensation Plan authorized under Internal Revenue Code Section 457;  Increase 40 hours to eighty (80) hours of “use it or lose it” management leave each calendar year. This management leave has no cash value. For the 2024 calendar year, Employee has received 40 hours, and another 40 hours will be credited as soon as administratively possible;
 Receive Two Thousand dollars ($2,000) per fiscal year for Tuition Reimbursement subject to the same terms and conditions as provided in the MEMA MOU;  The City will contribute a monthly sum to the employee’s Health Plan Spending Fund (HPSF) based on the employee’s participation in the Public Employees Medical and Hospital Care Act (PEMHCA). The HPSF amounts and the City’s continuing contributions are subject to the amounts as provided in the MEMEA MOU;  Except as set forth herein and/or by the terms/dates of the Employment Agreement all other terms and conditions of the Agreement, and any extensions thereof, shall remain in full force and effect;
 This Agreement is effective August 20, 2024.

BN/gr
Attachments: 1. Resolution

2. Employment Agreement
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, 8/20/2024, Item No. 14., Item Page 2, Packet Page 321 RESOLUTION NO. __-___ C.S.

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

AUTHORIZING CITY MANAGER EMPLOYMENT AGREEMENT
WHEREAS, the City Council has retained City Manager Hans Uslar since August 7, 2018;
WHEREAS, the City Council’s employment agreement with the City Manager is effective July 1, 2022 until June 30, 2027;
WHEREAS, the City Council desires to continue to retain the City Manager with the following terms included in an updated employment agreement:
• Term of Agreement July 1, 2022 – June 30, 2027;
• Base salary of $271,896;
• 4% salary increase effective July 1, 2024;
• 3.52% increase on base salary effective July 1, 2024; • In January, 2025 and solely within City Council discretion, a potential base salary increase of 2%;
• Increase City match up to $75 per pay period ($150 per month) to a City authorized Deferred Compensation Plan authorized under Internal Revenue Code Section 457. • Increase 40 hours to eighty (80) hours of “use it or lose it” management leave each calendar year. This management leave has no cash value. For the 2024 calendar year, Employee has received 40 hours, and another 40 hours will be credited as soon as administratively possible.
• Receive Two Thousand dollars ($2,000) per fiscal year for Tuition Reimbursement subject to the same terms and conditions as provided in the MEMA MOU. • The City will contribute a monthly sum to the employee’s Health Plan Spending Fund (HPSF) based on the employee’s participation in the Public Employees Medical and Hospital Care Act (PEMHCA). The HPSF amounts and the City’s continuing contributions are subject to the amounts as provided in the MEMEA MOU. • Except as set forth herein and/or by the terms/dates of the Employment Agreement all other terms and conditions of the Agreement, and any extensions thereof, shall remain in full force and effect.
• This Agreement is effective August 20, 2024.

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; Council Regular Meeting, 8/20/2024, Item No. 14., Item Page 3, Packet Page 322

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 RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the Mayor is authorized to execute an employment agreement continuing the employment of Hans Uslar as City Manager.

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, 8/20/2024, Item No. 14., Item Page 4, Packet Page 323 ATTACHMENT 2
City of Monterey

CITY MANAGER EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is made this 2oth Day of August 2024, by and between the CITY OF MONTEREY, a municipal corporation (“City”), and HANS USLAR (“Uslar”).

TERMS

1. Appointment of City Manager:

The City appointed Uslar to the position of City Manager on August 8, 2018, subject to the terms and conditions set forth herein, and Uslar accepts such terms and conditions.

2. Term of Agreement:

The term of this Agreement is July 1, 2022, until June 30, 2027, at which time it shall expire.

3. Duties and Responsibilities
a. Uslar is an at will employee who shall serve at the pleasure of the City Council. b. As City Manager, Uslar shall perform the functions, duties, and powers of City Manager, as specified in the Monterey City Charter, the City Code, the job description, and any other applicable ordinances, resolutions, policies, and customs of the City, and perform all other duties and responsibilities as shall from time to time be duly assigned by the City Council.

Uslar shall at all times faithfully and diligently perform all of the duties and responsibilities, and powers so vested, delegated, or assigned, and he shall obey all laws of the United States, the State of California, and the City of Monterey. c. Uslar agrees to devote his full productive time, ability, and attention to the City’s business during the term of this Agreement. Uslar shall not hold secondary employment, and shall be employed exclusively by the City.

4. City Manager Appointment and Removal Authority:

Uslar may appoint and review employees of the City Manager’s Office, as provided in the City Charter, subject to appropriate budgetary authority and Chapter 25 of the City Code.

5. Termination of Employment and Severance:
a. Pursuant to Article 4, Section 4.4 of the City Charter, the City Council may remove Uslar without cause stated or hearing by a vote of four (4) members, and may remove Uslar for “cause” after a hearing by a vote of three (3) of its members. “Cause” means fair and honest reasons, regulated by good faith on the part of the City, that are not trivial, arbitrary or capricious, unrelated to business needs or goals, or pretextual, and cause may Council Regular Meeting, 8/20/2024, Item No. 14., Item Page 5, Packet Page 324 ATTACHMENT 2
include, but is not limited to, “Reasons for Discipline” set forth in City Code Chapter 25, Section 14.02, or any successor City personnel rules, or other good cause. b. In the event the City discharges Uslar without cause prior to six months from the expiration of the term of this Agreement, Uslar shall be entitled to receive compensation, consisting of a lump-sum payment of six months of base salary. In the event the City discharges Uslar without cause, within six months of the expiration of the terms of this Agreement, Uslar shall be entitled to receive compensation consisting of a lump-sum payment for each remaining month of his base salary, up to a maximum of six month of base salary. In accordance with Government Code § 53261, a cash severance payment shall not include any other non-cash item, except health benefits, which shall be continued on behalf of Uslar for the same duration of the time covered in the severance payment. This section shall be construed in accordance with Government Code § 53260 which explicitly limits contractual severance cash settlement payable by a local agency employer.
c. The severance payment described in Section 5(b) will release the City from any further obligations under this Agreement, and any claims of any nature that Uslar might have against the City by virtue of his employment or termination thereof. Contemporaneously, with the delivery of the severance payment and in consideration therefore, Uslar agrees to execute and deliver to the City a release of all claims that Uslar may have against the City, to include a Civil Code § 1542 waiver.
d. Uslar shall not be entitled to severance pay in the following events:
i. Discharge for cause
ii. City elects not to renew this Agreement
iii. Uslar dies or becomes disabled to the extent that he cannot perform the full range of the essential functions of his position, with or without reasonable accommodations, as determined by his treating physician and through an interactive process with Human Resources
iv. Uslar resigns from his position as City Manager

6. Base Salary:

City agrees to pay Uslar for his services rendered pursuant to this Agreement an annual base salary of $ 271,896.00 payable on a bi-monthly basis in the same manner as other employees of the City are paid. Effective July 1, 2024, the base salary shall be increased by four percent (4.0%).

Council Regular Meeting, 8/20/2024, Item No. 14., Item Page 6, Packet Page 325 ATTACHMENT 2
Pursuant to a March, 2024 Citywide Total Compensation Study:
 Effective July 1, 2024, the base salary shall be increased by 3.52%.  In January, 2025 and solely within City Council discretion, a potential base salary increase of 2%.

7. Benefits:
a. The City shall provide Uslar with the Toyota Camry Hydbrid or a similar vehicle for his business use and incidental personal use. The City shall maintain the automobile in a safe and good working condition and maintain an automobile liability insurance policy on the automobile with Uslar as a named insured. The City shall fully pay or reimburse Uslar for expenses incurred in the maintenance and use of said automobile. Uslar shall record mileage incurred during incidental personal use and commute trips for calculation of taxable benefits.
b. Uslar shall participate in the 2.7% at 55 California Public Employees Retirement System plan. Uslar shall be responsible for the employee’s 8% contribution to the plan and will cost share 3% of the City’s required contribution to the plan for a total employee contribution of 11%.
c. Uslar shall receive 80 hours of “use it or lose it” management leave each calendar year.

This management leave has no cash value. For the 2024 calendar year, Uslar has received 40 hours, and another 40 hours will be credited as soon as is administratively possible. d. Uslar shall receive one hundred eighty four (184) hours vacation leave accrual per year. e. Uslar shall receive sick leave as provided in Monterey City Code § 25-12.02. f. Uslar shall receive family leave as provided in Monterey City Code § 25-12.03. g. Uslar shall receive paid holidays as provided in Monterey City Cod § 25-12.04. h. Uslar shall receive jury duty leave as provided in Monterey City Code § 25-12.05. i. City agrees to provide Uslar with a Group Term Life Insurance policy in the amount of $65,000, and voluntary participation in a Supplemental Life Insurance policy subject to carrier limits paid by Uslar through payroll deduction. j. City agrees to match up to $75 per pay period ($150 per month) to a City authorized Deferred Compensation Plan authorized under Internal Revenue Code Section 457. k. Uslar shall be eligible to participate in the City’s Fitness Activity Plan (i.e., may accrue 10 hours of leave time per quarter up to 80 hours maximum per the Fitness Activity Plan Council Regular Meeting, 8/20/2024, Item No. 14., Item Page 7, Packet Page 326 ATTACHMENT 2
policy.) Participation in this plan is voluntary and subject to the terms and condition of the plan as provided in the Monterey Executive Management Employees’ Association (MEMEA) Memorandum of Understanding (MOU).
l. Uslar shall receive the City’s short term/long term disability insurance plan subject to carrier limits.
m. Uslar shall be eligible to participate in the City’s wellness program (i.e. Sports Center fitness pass) subject to the terms and conditions as provided in the MEMEA MOU. n. Uslar shall be eligible to participate in the City’s Section 125 programs subject to Internal Revenue Service regulations. Uslar will pay any administration fee for this service through payroll deduction.
o. Uslar shall be eligible to participate in the City’s dental/orthodontia insurance plan, and shall receive the same employer contribution and benefits as other full-time employees. p. City shall provide vision care coverage for Uslar and his eligible dependents. The plan will provide for expenses incurred up to the annual maximums described in the plan description.
q. Uslar shall participate in the City’s Cafeteria plan. The City will contribute a monthly sum to the employee’s Health Plan Spending Fund (HPSF) based on the employee’s participation in the Public Employees Medical and Hospital Care Act (PEMHCA). The HPSF amounts and the City’s continuing contributions are subject to the amounts as provided in the MEMEA MOU.
r. Uslar shall be eligible for cell phone allowance up to $780 per year. s. Uslar shall be eligible to participate in the Legal Services plan. Participation in this plan is voluntary, and the monthly premium shall be paid by the employee through payroll deduction.
t. Uslar shall be eligible to participate in the Employee Assistance Plan, and shall receive the same employer contribution and benefits as other full-time employees. u. Uslar shall be eligible to receive Two Thousand dollars ($2,000) per fiscal year for Tuition Reimbursement subject to the same terms and conditions as provided in the MEMA MOU).
v. Uslar shall not receive longevity pay.

Council Regular Meeting, 8/20/2024, Item No. 14., Item Page 8, Packet Page 327 ATTACHMENT 2

8. Performance Evaluations:

The City Council shall review and evaluate the performance of Uslar on at least an annual basis.

The City Council, in consultation with Uslar, shall define such goals and performance objectives that they determine to be necessary for the proper operation of the City.

9. Indemnification:

The City shall defend, hold harmless and indemnify Uslar against any lawsuit pursuant and subject to the provisions and limitations of California Government Code § 825, provided such lawsuit is against Uslar for acts or omissions within the course and scope of his employment. Uslar agrees to cooperate in any and all litigation matters.

10. Notices:

Notices pursuant to this Agreement shall be in writing given by deposit in the custody of the United States Postal Service, first class postage prepaid, addressed as follows:
a. The CITY: Mayor and City Council
City of Monterey
580 Pacific Street
Monterey, CA 93940
b. USLAR: City of Monterey
580 Pacific Street
Monterey, CA 93940
Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial process. Notice shall be deemed as given as of the date of personal service or as of the date of deposit of such written notice, postage prepaid, with the United States Postal Service.

11. Bonding:

The City shall bear the full cost of any crime insurance, fidelity or other bond required for the City Manager under any law or ordinance.

12. Professional Memberships, Meetings, Seminars:

It is understood and agreed that the City and Uslar will mutually benefit from Uslar’s participation in certain professional activities relating to City Managers and City administrations. Subject to budgetary constraints, Uslar may enroll, attend, and participate in conferences, courses, seminars, committee work, or other activities of organizations that benefit the City.

Council Regular Meeting, 8/20/2024, Item No. 14., Item Page 9, Packet Page 328 ATTACHMENT 2

13. Miscellaneous:
a. The text herein shall constitute the entire Agreement between the parties. This Agreement may not be modified, except by written agreement executed by both parties.

This Agreement supersedes and replaces any and all terms of all prior employment agreements between the City and Uslar.
b. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.
c. This Agreement shall be governed by the laws of the State of California. d. The parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of, either party.
e. This Agreement may be executed in counterparts containing original signatures. f. This Agreement shall be interpreted as though it was prepared by both the City and Uslar.

DATE: ____________________
__________________________
Hans Uslar
DATE: _____________________
_________________________
Tyller Williamson, Mayor
Council Regular Meeting, 8/20/2024, Item No. 14., Item Page 10, Packet Page 329 Council
Agenda Report
FROM: Brette Neal, Human Resources Director
Prepared by: Gina Russo, Assistant HR Director
SUBJECT: Authorize a Second Amendment to City Attorney Employment Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution approving a second amendment to the Employment Agreement with City Attorney, M. Christine Davi.

VALUE DRIVERS:

Negotiating employment contracts is consistent with the City Council’s value drive to “provide sufficient resources and support to develop, retain, and recruit a high-quality city workforce.” POLICY IMPLICATIONS:

The City is committed to supporting staffing decisions that ensure best guidance for City Council and management of the City.

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

The increase in cost over 2024-25 base fiscal year is: $10,450.48.

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, Date: 8/20/2024
Item No.: 15.

Council Regular Meeting, 8/20/2024, Item No. 15., Item Page 1, Packet Page 330 №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 staff recommendation is consistent with recent City Council guidance DISCUSSION:

The City Attorney is a single position classification appointed by the City Council and retained by an individual employment contract adopted by Council on October 2, 2018. The original Employment Agreement had an end date of June 30, 2023. The Parties entered into an amendment to the Agreement on October 4, 2022, with an expiration date of June 30, 2027.

Based on Council direction, Staff is recommending a second amendment with the following updated salary and benefit terms:

1. 4% salary increase effective July 1, 2024.

2. 1.91% base salary increase effective July 1, 2024.

3. Increase 40 hours to eighty (80) hours of “use it or lose it” management leave each calendar year. This management leave has no cash value. For the 2024 calendar year, Employee has received 40 hours, and another 40 hours will be credited as soon as administratively possible.

4. Increase City match up to $75 per pay period ($150 per month) to a City authorized Deferred Compensation Plan authorized under Internal Revenue Code Section 457.

5. Receive Two Thousand dollars ($2,000) per fiscal year for Tuition Reimbursement subject to the same terms and conditions as provided in the MEMA MOU).

6. Health Insurance remains status quo

7. Except as set forth herein and/or by the terms/dates of the Agreement and First Amendment, all other terms and conditions of the Agreement, and any extensions thereof, shall remain in full force and effect.

If approved, the Second Amendment to the Agreement will be effective August 20, 2024.

BN/gr
Attachments: 1. Resolution

2. Second Amendment

3. First Amendment

4. Employment Agreement
e: Hans Uslar, City Manager
Rafaela King, Finance Manager
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 8/20/2024, Item No. 15., Item Page 2, Packet Page 331 RESOLUTION NO. __-___ C.S.

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

AUTHORIZING SECOND AMENDMENT TO CITY ATTORNEY EMPLOYMENT AGREEMENT WHEREAS, the City Council has retained City Attorney Christine Davi (“Davi”) since May 1, 2012;
WHEREAS, the City Council employment agreement with the City Attorney was adopted on October 2, 2018 with an end date of June 30, 2023; WHEREAS, the Parties entered into an Amendment (“First Amendment”) to the Agreement on October 4, 2022; and
WHEREAS, the First Amended Agreement expires on June 30, 2027; and WHEREAS, the City Council desires to continue to retain the City Attorney and revise the employment agreement with the following terms:

1. 4% salary increase effective July 1, 2024.

2. Pursuant to a March, 2024 Citywide Total Compensation Study, effective July 1, 2024, the base salary shall be increased by 1.91%.

3. Increase 40 hours to eighty (80) hours of “use it or lose it” management leave each calendar year. This management leave has no cash value. For the 2024 calendar year, Employee has received 40 hours, and another 40 hours will be credited as soon as administratively possible.

4. Increase City match up to $75 per pay period ($150 per month) to a City authorized Deferred Compensation Plan authorized under Internal Revenue Code Section 457.

5. Receive Two Thousand dollars ($2,000) per fiscal year for Tuition Reimbursement subject to the same terms and conditions as provided in the MEMEA MOU).

6. Health Insurance remains status quo.

7. Except as set forth herein and/or by the terms/dates of the Agreement and First Amendment, all other terms and conditions of the Agreement, and any extensions thereof, shall remain in full force and effect.

If approved, this Second Amendment to the Agreement will be effective August 20, 2024.

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 Council Regular Meeting, 8/20/2024, Item No. 15., Item Page 3, Packet Page 332 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 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 the Mayor is authorized to execute the second amendment to the employment agreement of Christine Davi as City Attorney.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/20/2024, Item No. 15., Item Page 4, Packet Page 333 ATTACHMENT 2

SECOND AMENDMENT TO

CITY ATTORNEY EMPLOYMENT AGREEMENT
Christine Davi
City Attorney
This second amendment to the CITY ATTORNEY EMPLOYMENT AGREEMENT between the City of Monterey ("City”) and Christine Davi, City Attorney ("Employee”), is entered to as follows:

RECITALS
WHEREAS, the City and Employee entered into an Employment Agreement on or about October 2, 2018 (hereafter the "Agreement"); and
WHEREAS, the Agreement had an end date of June 30, 2023; and WHEREAS, the Parties entered into an Amendment (“First Amendment”) to the Agreement on October 4, 2022; and
WHEREAS, the First Amended Agreement expires on June 30, 2027; and WHEREAS, the parties now desire to amend the terms and conditions of the Agreement and First Amendment as set forth below.

NOW, THEREFORE, the parties agree as follows:

TERMS

1. 4% salary increase effective July 1, 2024.

2. Pursuant to a March, 2024 Citywide Total Compensation Study, effective July 1, 2024, the base salary shall be increased by 1.91%.

3. Increase 40 hours to eighty (80) hours of “use it or lose it” management leave each calendar year. This management leave has no cash value. For the 2024 calendar year, Employee has received 40 hours, and another 40 hours will be credited as soon as administratively possible.

4. Increase City match up to $75 per pay period ($150 per month) to a City authorized Deferred Compensation Plan authorized under Internal Revenue Code Section 457.

5. Receive Two Thousand dollars ($2,000) per fiscal year for Tuition Reimbursement subject to the same terms and conditions as provided in the MEMA MOU).

6. Insurance
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 parties agree that the City shall have the Council Regular Meeting, 8/20/2024, Item No. 15., Item Page 5, Packet Page 334 ATTACHMENT 2
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. 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.

12.1. Eligibility

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

12.2. Health Insurance

12.2.1. 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, fulltime 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 toward the premium, 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 toward the premium, 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 toward the premium, not to exceed nine percent (9.0%).

Council Regular Meeting, 8/20/2024, Item No. 15., Item Page 6, Packet Page 335 ATTACHMENT 2

12.2.2. 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.

12.3. Retiree Medical Premium

12.3.1. 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 of each calendar year pursuant to Government Code Section 22892.

12.4. Cafeteria Plan and Optional Benefits

12.4.1. 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).

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

12.4.3. 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, and  Flexible Spending Account, employees will pay any administration fee for this service through payroll deductions.

Council Regular Meeting, 8/20/2024, Item No. 15., Item Page 7, Packet Page 336 ATTACHMENT 2

12.4.4. 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.

12.5. Dental / Orthodontia Insurance

12.5.1. 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 thirdparty 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. 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.

12.6. Vision Care

12.6.1. The City provides vision care insurance and pays 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.

12.7. Life Insurance

12.7.1. The City will provide a basic $65,000.00 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 deduction procedures established by the Finance Director and the underwriting requirements of the insurance carrier.

12.7.2. 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 employees’ expense.

7. Except as set forth herein and/or by the terms/dates of the Agreement and First Amendment, all other terms and conditions of the Agreement, and any extensions thereof, shall remain in full force and effect.

This Second Amendment to the Agreement is effective August 20, 2024 pursuant to Resolution (insert number).

Council Regular Meeting, 8/20/2024, Item No. 15., Item Page 8, Packet Page 337 ATTACHMENT 2
Christine Davi Date Tyller Williamson Date
City Attorney Mayor
APPROVED AS TO FORM:

Special Counsel for the City of Monterey
Shelline Bennett, Esq.

Liebert Cassidy Whitmore
Date:

Council Regular Meeting, 8/20/2024, Item No. 15., Item Page 9, Packet Page 338 DocuSign Envelope ID: EF00B459-B355-432B-A738-5E4019FE73D2 ATTACHMENT 3
Council Regular Meeting, 8/20/2024, Item No. 15., Item Page 10, Packet Page 339 DocuSign Envelope ID: EF00B459-B355-432B-A738-5E4019FE73D2 10/12/2022 | 8:24 AM PDT
ATTACHMENT 3
Council Regular Meeting, 8/20/2024, Item No. 15., Item Page 11, Packet Page 340 City of Monterey

CITY ATTORNEY EMPLOYMENT AGREEMENT
This Employment Agreement is made this 2nd day of October 2018 by and between the Cl1Y OF MONTEREY, a municipal corporation ("the City"), and M. CHRISTINE DAVI (''Davi"). l.

2. 3.

TERMS
Appointment of City Attorney:

The City initially appointed Davi to the position of City Attorney, in and for the City of Monterey, California, effective May 1, 2012, and Davi was re-appointed on July 1, 2015. This agreement continues that appointment and sets forth the terms and conditions of Davi's continued appointment. Davi accepts such terms and conditions. This employment agreement supersedes all prior agreements.

Term of Agreement:

This Agreement is effective upon the date of adoption by the City Council until June 30, 2023, at which time it shall expire. As part of Davi's annual performance review,-the City Council may d edde to extend the contract.

Duties and Responsibilities:
a. Davi is an at will employee who serves at the pleasure of the City Council. b. As City Attorney, Davi shall be the legal advisor to the City, including the City Council, the City's boards and commissions, and the officers and empfoyees of the crty on all matters concerning the municipal affairs of the City, and shall have such other duties and responsibilities as assigned by the City Council. Davi shall at all times be licensed to practice law in the State of California, in good standing. c. Davi agrees to devote her full productive time, ability and attention to the City's business during the term of this Agreement. Davi shall not hold secondary employment and shall be employed exclusively by the City. However, the City recognizes that Davi may actively participate in community affairs and shall be permitted to volunteer reasonable time, energy and expertise, and from time-totime, to serve and hold office in charitable, non-profit, public service, service club, religious and/or community ·area organizations, Davi shall keep the Mayor advised regarding such activities. Such activities shall not be in conflict with her responsibilities as City Attorney and shall not create an undue aooearance of 1881
i--age I UI 0
ATTACHMENT 4
Council Regular Meeting, 8/20/2024, Item No. 15., Item Page 12, Packet Page 341

4. 5.
conflict. As an exempt employee, Davi shall not receive overtime or extra compensation for work performed outside normal business hours.

Relationships Among the City Council, City Attorney and City Manager:
a. Davi may appoint and remove employees of the City Attorney's Office, as provided in the City Charter, subject to appropriate budgetary authority and the personnel rules of the City. Davi shall coordinate personnel management activities, including hiring, firing, promoting, disciplining and investigating personnel in the City Attorney's Office, with the City Manager and the Human Resources Director. "Coordinate'' means to provide reasonable notice of such activities to the City Manager and the Human Resources Director and permit meaningful input and discussion with these persons ( or their designees) before undertaking such activities.
b. The City Council retains final authority over Davi's performance evaluations as set forth in Section 11, below.

Termination of Employment and Severance:
a. Pursuant to Section 4.5 of the City Charter, the City Council may remove Davi without cause stated or hearing by a vote of four (4) members, and may remove Davi for "cause" after a hearing by vote of three (3) of its members. "Cause" is defined to include the "Reasons for Discipline" set forth in City Code Section 25-

14.02, or any successor City personnel rules or other good cause. b. Davi may terminate this Agreement, with or without cause at any time provided Davi has provided the City with thirty {30) days written notice prior to such termination.
c. If the City discharges Davi without cause, Davi shall be entitled to a lump sum severance payment equal to six (6} months of base salary, and the continuation of medical, dental and vision benefits for six (6) months after the date Davi's employment is terminated. Such severance is cont"ingent upon Davi signing and delivering a general release of all claims against the City (including· without limitation its former and current elected officials, employees, officers and agents), in the form attached as Exhibit A. Such severance shall be payable on the eighth day after the form of release is fully executed.

6. Base Salary:
a_ Davi shall be paid an annual base salary of $227,134, retroactive to the first pay period following July 1, 2018, less all applicable federal, state and local withholding. 1-es
n:ty� L ut 0
ATTACHMENT 4
Council Regular Meeting, 8/20/2024, Item No. 15., Item Page 13, Packet Page 342 b. During the term of this agreement, the City Co undl may consider salary adjustments during Ms. Davi's annual performance review.

7. Benefits:

Davi shall receive the following benefits:
a. Par:ticipation in 2.7% at 55 California Public Employees Retirement System plan.

Davi shall be responsible for the employee's 8% contribution to the plan and will cost share 3% of the City's required contribution to the plan for a total employee contribution of 11%.
b. Davi shall receive sick leave as provided in Monterey City Code§ 25-12.02. c. Davi shall receive family leave as provided in Monterey City Code§ 25-12.03. d. Davi shall receive paid holidays as provided in Monterey City Cod§ 25-12-12.04. e. Davi shall receive jury duty leave as provided in Monterey City Code§ 25-12.05. f. City agrees to provide Davi with a Group Term Life Insurance policy in the amount of $65,000, and voluntary participation in a Supplemental Life Insurance policy subject to carrier limits paid by Davi through payroll deduction. g. City agrees to match up to $35 per pay period ($70 per month) to a City authorized Deferred Compensation Plan authorized under Internal Revenue Code Section 457. h. Davi shall be eligible to participate in the City's Fitness Activity·Plan (i.e., may accrue 10 hours of leave time per quarter up to 80 hours maximum per the Fitness Activity Plan policy.) Participation in this plan is voluntary and subject to the terms and condition of the plan as provided to all non-sworn employees. i. Davi shall receive the City's short term/long term disability insurance plan subject to carrier limits.

J- Davi shall be eligible to participate in the City's wellness program (i.e. Sports Center fitness pass) subject to the terms and conditions as provided in the MEMEA MOU. k. Davi shall be eligible to participate in the City's Section 125 programs subject to Internal Revenue Service regulations. Davi will pay any administration fee for this service through payroll deduction.

I. Davi shall be eligible to participate in the City's dental/orthodontia insurance plan, and shall receive the same employer contribution and benefits as other full-time employees.
es
1-'age JOT 1l
ATTACHMENT 4
Council Regular Meeting, 8/20/2024, Item No. 15., Item Page 14, Packet Page 343 m. City shall provide vision care coverage for Davi and her dependents. The plan will provide for expenses incurred up to the annual maximums described in the plan description.
n. Davi shall participate in the City's Cafeteria plan. The City will contribute a monthly sum to the employee's Health Plan Spending Fund (HPSF) based on the employee's participation in the Puhlic Employees Medical and Hospital Care Act {PEMHCA). The HPSF amounts· are subject to the amounts as provided to other confidential Department Heads.
o. Davi shall be eligible for cell phone allowance up to $780 per year. p. Davi shall be eligible to participate in the Employee Assistance Plan, and shall receive the same employer contribution and benefits as other full-time employees. q. Davi shall not receive longevity pay.

8. Vacation and Leave:

Davi shall receive vacation and leave accruals, including annual "use it or lose it" forty (40) hours of management leave. Davi shall be entitled to retain all leave balances in existence as of the effective date of this Agreement. Davi shall continue accrue 17 days' vacation leave per year until the first pay period after March 1, 2021, at which time she will accrue four weeks' vacation leave per year.

9. Indemnification:

The City shall defend, hold harmless and indemnify Davi against any lawsuit pursuant and subject to the provisions and limitations of California Government Code section 825, provided such lawsuit is against Davi for acts or omissions within the course and scope of her employment.

10. Notices:

Notices pursuant to this Agreement shall be in writing given by deposit in the custody of the United States Postal Service, first class postage prepaid, addressed as follows:
a. The CITY:
b. DAVI:

Mayor and City Council
City of Monterey
580 Pacific Street
Monterey, CA 93940
M. Christine Davi, City Attorney
(Home address on record with Hu.man Resources)
ee

ATTACHMENT 4
Council Regular Meeting, 8/20/2024, Item No. 15., Item Page 15, Packet Page 344

11. 12.

Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial process. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice, postage prepaid, with the United States Postal Service.

Bonding:

The City shall bear the full cost of any fidelity or other bond required for the City Attorney under any law or ordinance.

Professional Memberships, Meetings, Seminars:
lt is understood and agreed that the City and Davi will mutually benefit from Davi's participation in certain professional activities relating to urban affairs and municipal laws.

Therefore, Davi shall be a member of the State Bar of California, and such other professional organizations as may be properly budgeted by City. The City shall continue to pay state and local bar dues for Davi. Subject to budgetary constraints, Davi may enroll, attend, and participate in conferences, courses, seminars, committee work, or other activities of organizations such as those listed above that benefit the City. Davi shall be subject to the City's rules, regulations and ordinances that apply to general Executive Managers concerning reasonable costs and expenses in connection with a particular event or activity authorized through the budgetary process. When required to advance or reimburse expenses or costs associated with such events or activities, authorization shall be by the City Manager, or the City Manager's designee.

13. Performance Evaluations:

The City Council shall review and evaluate the performance of Davi each year prior to the close of the fiscal year. Davi shall receive an annual performance review from the City Council. The City Council shall determine, at its discretion, the form of the performance review; such as whether the review is oral, written, or both.

14. Miscellaneous:
a. The text herein shall constitute the entire Agreement between the parties. This Agreement may not be modified, except by written agreement executed by both parties and specifically supersedes and replaces _any and all terms of the prior employment agreement between the City and Davi.
b. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.
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ATTACHMENT 4
Council Regular Meeting, 8/20/2024, Item No. 15., Item Page 16, Packet Page 345 �. l"bi$�tsha,llbe �vemetl bV the laws Qf the $tlt,e c:>f �Ufp.tfila. d� Jt,-, �mes �gree that �ny arnbtguhy m this Agreement sJl�JI oqf, ® -� Qt i�mreted'.� or ·&1 favorpf1 !?tther party.

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ATTACHMENT 4
Council Regular Meeting, 8/20/2024, Item No. 15., Item Page 17, Packet Page 346

EXHIBIT A

CONFIDENTIAL

GENERAL RELEASE OF ALL CLAIMS
RECITALS: The parties desire to sever their relationship in a manner that will preserve the good will which exists between them. In exchange for the payment described herein, M. Christine Davi waives any claims against the City of Monterey.

TERMS:
l. In consideration of the payment of ____ (a lump sum, less applicable withholding), to be paid on the eighth day following execution of this Agreement, as well as continued medical, dental and vision benefits for six (6) months from __ until ___ in the same manner they were provided prior to the execution of this Agreement, M. Christine Davi ("Davi") hereby fully and forever releases, discharges and covenants not to sue, with respect to any and all matters relating to or underlying Davi's employment with the City of Monterey ("City" which terms includes without limitation the City boards, board members, related foundations, predecessors, successors, affiliated entities, departments, committees, divisions, employees, officers, volunteers, assigns and agents), including any and all liabilities, claims, demands, contracts, debts, administrative matters, obligations and causes of action of every nature, kind and description, in law, equity, or otherwise. This is a full and final general release of any and all employment related administrative and legal claims of any kind, including without limitation wrongful termination, civil rights, wage and hour and all other employment and labor related claims of any kind or· nature under any and all federal, state and local laws.

2. Any and all rights granted under Section 1542 of the California Civil Code or any analogous state or federal law or regulation are hereby expressly waived. Said Section 1542 of the California Civil Code, reads as follows:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.

3. Nothing contained in this Agreement shall constitute or be treated as an admission of liability or wrongdoing by the City. Davi agrees that she will not, except as may be mandated by statutory or regulatory requirements or as may be required by legal process, disclose to others the terms of this settlement, the amounts referred to in this agreement, or the fact of the payment of said amounts, except that Davi may make such disclosures to her attorneys, accountants or other professional service advisors to the extent such disclosures are necessary to effectuate the purposes for which she consulted with such professional advisors. If this confidentiality clause is breached, CITY may in its discretion sue to recover all amounts paid hereunder. The prevailing party in such an action will be entitled to attorneys' fees and costs.

4. The Agreement constitutes a comprehensive, general release of any and.all claims (including without limitation Age Discrimination in Employment Act(" ADEA'')) against City. Davi understands and acknowledges that she has been given at least 21 days to consider her release of claims under the ADEA, and in any event that she expressly waives this 21 day notice provision. Davi further acknowledges that she has seven days from the date she executes this settlement agreement to revoke her release under the ADEA only, provided, however, that should the undersigned revoke such release, City may in its sole discretion rescind this entire agreement and obtain all amounts paid hereunder. 198
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Council Regular Meeting, 8/20/2024, Item No. 15., Item Page 18, Packet Page 347

5. In the event that any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid or against public policy, that term, condition or provision shall be deleted, and the remaining terms shall continue in full force and effect.

6. Each party has had the opportunity to participate in drafting the Agreement, and accordingly, any terrri of the Agreement shall not be construed against one party solely because such party actually drafted or circulated the Agreement. Davi acknowledges that she has read and understands the foregoing Agreement and Release and that she affixes her signature hereto voluntarily and without coercion. The undersigned further acknowledges that the waivers she has made are knowing, conscious and with full appreciation that she is forever foreclosed from pursuing any of the rights so waived.

DATED:

M. Christine Davi
D/HED: ________ _
City of Monterey
{Print Name}:
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ATTACHMENT 4
Council Regular Meeting, 8/20/2024, Item No. 15., Item Page 19, Packet Page 348