Agenda packet — Monterey City Council, September 3, 2024

Council Chamber,
580 Pacific St.

Monterey, California
City Council Agenda
Council Regular Meeting
Tuesday, September 3, 2024
4:00 PM – 5:30 PM
City Council
Tyller Williamson, Mayor
Kim Barber, Councilmember,
District 1
Gino Garcia, Councilmember
Alan Haffa, Councilmember
Ed Smith, Councilmember,
District 2
City Manager
Hans Uslar
HOW TO PARTICIPATE IN THIS MEETING:
 Written comment: Members of the public may submit comment(s) to [email protected] until ½ hour before the start of the meeting. These messages are not read aloud during the meeting but are made available to the meeting body and public at https://monterey.gov/submitted-comments. All comments received become part of the record.
 In-Person: Please see the meeting location listed above. Wearing a mask is recommended and encouraged.
 Remote via ZoomGov Webinar:
o Join on a computer or smartphone: https://montereyorg.zoomgov.com/j/1607729333 An up-to-date version of the Zoom software must be used.
o Or join by telephone: Dial 833-568-8864 (Toll Free), 669-254-5252 (Campbell, CA) or 646-828-7666 (NY). If one number doesn’t work, please try another.  Enter Webinar ID: 160 772 9333 #
 If prompted to enter a participant ID, press #
 To “raise your hand,” dial *9. Once called upon, dial *6 to unmute o Need help using or updating Zoom? Read our Zoom Meeting Instructions (PDF)  This meeting will also stream live for viewing only on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90-second delay).

PUBLIC COMMENT PROCEDURES AND TIME LIMITS:

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

1. Up to three minutes per speaker.

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

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

CAMPAIGN CONTRIBUTION DISCLOSURE: Pursuant to the Levine Act (Govt. Code section 84308), any party to a permit, license, contract, or other entitlement before the Council is 9/3/2024 4:00:00 PM
2 required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.
***Afternoon Session Agenda ***
4:00 - 5:30 p.m.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Recognize September 2024 as Hispanic Heritage Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)

2. Receive Presentation from Central Coast Community Energy (3CE) (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

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

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

Approval of Minutes

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

4. Award Municipal Improvements Job Order Contract 2024 for City Projects in the Amount of $1,000,000 to The Don Chapin Co., Inc. and A. Teichert & Son, Inc. (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ***CIP/NIP***
Resolutions
A resolution is an expression of opinion or evidence of a decision made by the City Council and often relates to administrative business of the City. Resolutions generally become effective immediately upon adoption.

5. Award a Professional Services Agreement for Construction Management Services for the Del Monte and Casa Verde Recreational Trail Intersection Improvement Project in an Amount Not to Exceed $367,998.74 to SJ Construction Management (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP/NCIP*** 9/3/2024 4:00:00 PM
3 6. Accept and Appropriate $50,000 in Grant Funds from the Thomas Doud, Sr. and Anita M.

Doud Fund of the Community Foundation for Monterey County to the 2024-2025 Museum Trust Fund Budget for the Colton Hall and Old Jail Historic Interpretation (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

7. Authorize On-Call Professional Services Agreement with Veronica Tam and Associates, Inc., for a Not to Exceed Amount of $200,000 Annually to Provide Housing Professional Services from FY 2024-2025 through FY 2029-2030 through the next Consolidated FiveYear Planning Period (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)

8. Authorize the Mayor to Sign a Letter on Behalf of the City Opposing AB 1082, Proposed Legislation Which Would Eliminate the Ability of Municipalities to Impound or Immobilize Vehicles for Any Number of Past Due Parking Citations (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

9. Amend Resolution 19-023 to Update the Special Event Support Program Guidelines (Not a project under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
*** End of Consent Agenda ***

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

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

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

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

CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES:

Voicemail: (831) 646-3799 Email: [email protected] Website: http://www.monterey.gov INTERPRETATION: The Monterey City Council invites and encourages public participation at its meetings. Requests for language interpretation may be made by contacting the City Clerk at [email protected] or 831-646-3935. The City Clerk will make every effort to accommodate requests for interpreter assistance. Requests should be made as soon as possible in advance of any meeting of the City Council. The City is committed to addressing language interpretation requests swiftly in order to maximize public participation.
9/3/2024 4:00:00 PM
4 ACCESSIBILITY: The City of Monterey is committed to including the disabled in all of its services, programs and activities. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at [email protected] or (831) 646-3935. Notification 30 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-

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

Upcoming city meetings are listed at http://isearchmonterey.org More information is available by calling (831) 646-3935 Council
Agenda Report
FROM: Hans Uslar, City Manager
Prepared By: Hayley Goodwein, Administrative Assistant
SUBJECT: Recognize September 2024 as Hispanic Heritage Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council recognize September 2024 as Hispanic Heritage Month.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

The City of Monterey recognizes and celebrates Hispanic Heritage Month in honor of the culture, accomplishments, and contributions of the Hispanic and Latino community in Monterey and across the United States. The City proudly supports the continued advancement of equality for Hispanic and Latino individuals and their families.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

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

ENVIRONMENTAL DETERMINATION:

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

Date: 9/3/2024
Item No.: 1.

Council Regular Meeting, 9/3/2024, Item No. 1., Item Page 1, Packet Page 5 №10/24
ALTERNATIVES CONSIDERED:

City Council could choose to not recognize September 2024 as Hispanic Heritage Month; however, that is not recommended.

DISCUSSION:

Hispanic Heritage Month is a celebration of the histories, cultures, and contributions of those who identify with the Hispanic and Latino communities. 60 million people in the United States identify as either Hispanic or Latino. In California, citizens who identify as Hispanic or Latino/Latina make up almost 40% of the state’s population. According to the U.S. Bureau of Labor Statistics, one in six people in the United States identify as Hispanic or Latino.

The City of Monterey has a long history with Spanish settlements. In December of 1602, Sebastian Vizcaino named the bay “Monte Rey Bay”, in honor of the Viceroy of New Spain. In the 1770s, an expedition led by Captain Gaspar de Portolá and joined by Father Junipero Serra established the Royal Presidio and Mission San Carlos de Borromeo de Monterey, which were Monterey’s first buildings. In 1776, Spain named Monterey as the capital of Baja (lower) and Alta (upper) California.

The theme of 2024 Hispanic Heritage Month is Pioneers of Change: Shaping the Future Together, as designated by the National Council of Hispanic Employment Program Managers.

According to NCHEPM, the theme “encapsulates the spirit of innovation, resilience, and unity that define the Hispanic experience.”
The City of Monterey and the larger area of Monterey County are shaped by the contributions of the Hispanic/Latino/Latina community. The City of Monterey is proud to recognize and celebrate Hispanic History Month. In the face of great adversity, the Hispanic/Latino community has made and continues to make a positive, indelible mark on the history of Monterey and the United States. The City also acknowledges that while progress has been made, there is work left to be done. As Dolores Huerta said, “Every minute is a chance to change the world.” HU/HG
Attachments: 1. Proclamation
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 9/3/2024, Item No. 1., Item Page 2, Packet Page 6 Proclamation declaring
September 2024
Hispanic Heritage Month
WHEREAS, Hispanic Heritage Month is a celebration of the histories, cultures, and contributions of those who identify with the Hispanic and Latino communities; and, WHEREAS, the official dates of Hispanic Heritage Month are from September 15 to October 15 to encompass the dates of independence for certain countries. September 15 is the anniversary of independence of Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. Mexico celebrates its independence on September 16 and Chile celebrates theirs on September 18; and, WHEREAS, the event was started as ‘Hispanic Heritage Week’ in 1968 under President Lyndon B.

Johnson and was extended to a month in 1988 by President Ronald Reagan; and, WHEREAS, 60 million people in the United States identify as either Hispanic or Latino. In California, citizen who are Hispanic- or Latino-identifying make up almost 40% of the state’s population. According to the U.S. Bureau of Labor Statistics, one in 6 people identify as Hispanic or Latino; and, WHEREAS, the City of Monterey has a long history with Spanish settlements. In December of 1602, Sebastian Vizcaino named the bay “Monte Rey Bay”, in honor of the Viceroy of New Spain. In the 1770s, an expedition led by Captain Gaspar be Portola and joined by Father Junipero Serra established the Royal Presidio and Mission San Carlos de Borromeo de Monterey, which were Monterey’s first buildings. In 1776, Spain named Monterey as the capital of Baja (lower) and Alta (upper) California; and, WHEREAS, the City of Monterey and the larger area of Monterey County are shaped by the contributions of the Hispanic/Latino community; and,
WHEREAS, the theme of 2024 Hispanic Heritage Month is Pioneers of Change: Shaping the Future Together, as designated by the National Council of Hispanic Employment Program Managers. According to NCHEPM, the theme “encapsulates the spirit of innovation, resilience, and unity that define the Hispanic experience”; and,
NOW, THEREFORE, BE IT PROCLAIMED THAT I, Tyller Williamson Mayor of the City of Monterey, on behalf of the City Council and citizens, hereby proclaim the month of September 2024 as Hispanic Heritage Month.

Dated: September 2024 _______________________
Tyller Williamson, Mayor
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 1., Item Page 3, Packet Page 7 Council
Agenda Report
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Ted Terrasas, REHS, Sustainability Manager SUBJECT: Receive Presentation from Central Coast Community Energy (3CE) (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council receive a presentation from 3CE.

VALUE DRIVERS:

Protect and preserve our natural environment by addressing climate change through ecologically responsible and pragmatic solutions.

POLICY IMPLICATIONS:

As a member agency of 3CE, it is important for the City to remain up to date with the policies and programs of 3CE. In addition, the operation of 3CE aligns with the implementation of the City’s Climate Action Plan, and the associated goal of reducing greenhouse gas emissions.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

There are no fiscal implications associated with receiving this presentation.

ENVIRONMENTAL DETERMINATION:

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

ALTERNATIVES CONSIDERED:

The City Council could choose not to accept the presentation, or to request additional information from City or 3CE staff.

Date: 9/3/2024
Item No.: 2.

Council Regular Meeting, 9/3/2024, Item No. 2., Item Page 1, Packet Page 8 №10/24
DISCUSSION:

In 2017, the City of Monterey became a founding member agency of 3CE, which is a Community Choice Aggregator (CCA) that purchases electricity on behalf of its member agencies and provides energy to all ratepayers in their service area. The service area has expanded over the past several years and now includes 35 communities in the counties of Monterey, Santa Cruz, San Benito, San Luis Obispo, and Santa Barbara. Geographically, 3CE is the largest CCA in California. This represents over 400,000 customers, with 94% of customers electing to receive power from 3CE rather than the local investor-owned utility.

The City of Monterey’s representation on the Board is part of a rotation among elected officials in the cities of Pacific Grove, Carmel-by-the-Sea, and Monterey. For the period of January 2023 through December 2024, the City of Monterey holds alternate seats on the Policy and Operations Boards. Councilmember Haffa serves as the City’s representative. 3CE was founded as a way for local municipalities to reduce greenhouse gas emissions, provide local control of energy decisions, and use revenues to create rebate and incentive programs, all while maintaining competitive electricity rates.

The City of Monterey has also applied for funding from 3CE for projects such as installing electric vehicle charging stations, purchasing electric vehicles, and working to adopt codes that promote building electrification.

Due to ongoing organizational and program updates, staff recommends that the City Council receive a presentation from 3CE to remain up to date on their current priorities and accomplishments.

TJT/
Attachments: 1. 3CE Presentation
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, 9/3/2024, Item No. 2., Item Page 2, Packet Page 9 Sophia Schwirzke
Customer Account Manager
September 3, 2024

CITY OF MONTEREY
3CE Annual Presentation

ATTACHMENT
Council Regular Meeting, 9/3/2024, Item No. 2., Item Page 3, Packet Page 10

A PARTNERSHIP TO SUPPORT SHARED CUSTOMERS

ATTACHMENT
Council Regular Meeting, 9/3/2024, Item No. 2., Item Page 4, Packet Page 11 2023 YEAR IN REVIEW
Lower emissions
Cleaner more reliable grid
Community investment
Stable and responsible rates

ATTACHMENT
Council Regular Meeting, 9/3/2024, Item No. 2., Item Page 5, Packet Page 12 3CE PRIORITIZES INNOVATION
– One of California’s first solar +
storage projects
– The state’s first new geothermal
project in three decades
– The largest compressed air
energy storage in the world

ATTACHMENT
Council Regular Meeting, 9/3/2024, Item No. 2., Item Page 6, Packet Page 13

NEW RENEWABLE ENERGY PROJECTS
Investing in a diverse portfolio of renewables coupled with innovative energy storage capacity

ATTACHMENT
Council Regular Meeting, 9/3/2024, Item No. 2., Item Page 7, Packet Page 14

CALIFORNIA BREAKS RENEWABLE ENERGY

RECORDS
It’s working!

ATTACHMENT
Council Regular Meeting, 9/3/2024, Item No. 2., Item Page 8, Packet Page 15 3CE DELIVERS POWER FOR GOOD
Responsible Rates Project Selection Criteria Rebates & Incentives

ATTACHMENT
Council Regular Meeting, 9/3/2024, Item No. 2., Item Page 9, Packet Page 16

INVESTING IN YOUR COMMUNITY
Residential, Commercial, & Agriculture Rebates Available Agriculture
Electrification
Program
- $75,000
Electrify Your Home
$17,385
$2,500 per unit
Concierge - $24,000
New Construction
Electrification
$5,000
$250,000
Electric Bus - $200,000
$1000-4000
$150,000
Electrify Your Ride
Residential
Commerical & Ag

ATTACHMENT
Council Regular Meeting, 9/3/2024, Item No. 2., Item Page 10, Packet Page 17

INVESTING IN YOUR COMMUNITY
Total Investment Nearly $750,000
$281,911
Electrify Your Ride
$11,300
Electrify Your
Home
$112,400
Plan Your Fleet
$48,252
Central Coast
Incentive Project
$305,000

ATTACHMENT
Council Regular Meeting, 9/3/2024, Item No. 2., Item Page 11, Packet Page 18 INVESTING IN YOUR CITY’S ENERGY TRANSITION
– Reach Code Program
– Charging Stations/Charge-ready –Member Agency
Communications

ATTACHMENT
Council Regular Meeting, 9/3/2024, Item No. 2., Item Page 12, Packet Page 19 Thank You
11 3CE.org [email protected]
877-455-2223
Judith Young
[email protected]
Senior Account Manager
(805) 693-2000
Sophia Schwirzke
[email protected]
Customer Account Manager
(831) 257-4003

ATTACHMENT
Council Regular Meeting, 9/3/2024, Item No. 2., Item Page 13, Packet Page 20

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF MONTEREY
Tuesday, August 20, 2024
4:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA
AND TELECONFERENCE LOCATION JW MARRIOTT AUSTIN, ROOM 541, 110 E 2ND ST,

AUSTIN, TEXAS
Councilmembers

Present: Garcia, Haffa, Smith, Williamson*

Absent: Barber
*Attended remotely by teleconference pursuant to Gov. Code sec. 54953(b)
City Staff

Present:

City Manager, Assistant City Manager, Finance Director, Community Development Director, Parks and Recreation Director, Human Resources Director, Public Works Director, City Clerk, Assistant City Attorney, Parks Operations Manager, Harbormaster, Engineering Assistant, Parks Supervisor, Sustainability Coordinator, Assistant Police Chief, Public Works Administrative Services Manager, Acting Assistant Fire Chief, Deputy Public Works Director/City Engineer, Building Official, Senior Engineer, General Services Superintendent, Capital Programs Coordinator, Associate Planner, Assistant Human Resources Director, Library Assistant II

TELECONFERENCE NOTICE
This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act, Calif. Gov. Code sec. 54953(b). ***Afternoon Session Agenda ***

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

On question from Councilmember Garcia, Mayor Williamson confirmed that he could hear the meeting proceedings, that the agenda had been posted at least 24 hours prior to the meeting at the remote location listed above, and that he was providing public access from the same location, pursuant to GC 54953(b)(3). He stated that no member of the public was present with him at the teleconference location wishing to speak.

PLEDGE OF ALLEGIANCE
Councilmember Haffa led the Pledge.

PRESENTATIONS

1. Recognition of Defense Language Institute Quarterly Joint Service Awards for Third Quarter FY24 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)
Action: Recognized Airman 1st Class Domenic Medina (U.S. Air Force), Sergeant Jesse Morgan (U.S. Marine Corps), and Technical Sergeant Siena Trujillo (U.S. Air Force) Date: 9/3/2024
Item No.: 3.

Council Regular Meeting, 9/3/2024, Item No. 3., Item Page 1, Packet Page 21 City Council Minutes August 20, 2024
2 Councilmember Garcia presented proclamations to Airman 1st Class Domenic Medina (U.S. Air Force), Sergeant Jesse Morgan (U.S. Marine Corps), and Technical Sergeant Siena Trujillo (U.S. Air Force), who each made brief remarks. Public comment was not received.

GENERAL PUBLIC COMMENTS
Public comment on non-agendized matters was received from: India Weeks, Steve Lightfoot, Athena Zenizo, Rafael Zenizo, an unidentified man, James Burns, Jonathan Ahmadi, Marta Kraftzeck, Colin Gallagher, Eric Palmer, Lorna Moffat, Bryan Rosen, and Esther Malkin.

CONSENT AGENDA
Councilmember Garcia stated that members of the public had requested to pull Items 4 and 5 from Consent.

On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT AGENDA, except Items 4 and 5:

2. July 18, 2024 Special Joint Meeting with Neighborhood and Community Improvement Program (NCIP) Committee (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Approved (4-0-1, Councilmember Barber absent)

3. August 6, 2024 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Approved (4-0-1, Councilmember Barber absent)
Award of Construction Contracts

4. Award a Construction Contract in the Amount of $1,021,345.00 to Boneso Plumbing & Mechanical for Replace Boiler Various Locations at Presidio of Monterey (Categorically Excluded from NEPA 32 CFR, Part 651, Section II(g)(1), CEQA Not a Project) ***IGSA*** Action: Pulled from Consent; Adopted Resolution No. 24-131 C.S. (4-0-1, Councilmember Barber absent)
Public comment was received from: Al Sakhafi, of ALS Construction & Renovation, who objected with the recommendation, stating that he had submitted the lowest bid on the project, and asked to be considered.

City Manager Uslar explained that the bidding requirements had required a bid bond submitted within a specific timeline, which was not met by Mr. Sakhafi's bid submittal. He said that based on this lack of compliance, Mr. Sakhafi's bid was declared non-compliant. On question, Assistant City Attorney Salameh and City Manager Uslar provided context for what would happen if the Council were to reject all bids.

Council Regular Meeting, 9/3/2024, Item No. 3., Item Page 2, Packet Page 22 City Council Minutes August 20, 2024
3 It was proposed by the Council that the City hold workshops for bidders on how to complete the process. On question, Assistant City Attorney Salameh said that education for bidders had taken place when the bid bond submittal requirement had changed, and City Engineer/Deputy Public Works Director Easterling explained the process by which the City puts projects out to bid and noted that pre-bid meetings were held so that all bidders had the same information.

On a motion by Mayor Williamson, seconded by Councilmember Garcia, and carried by the following roll-call vote, the City Council adopted Resolution No. 24-131 C.S.:

5. Adopt and Approve Funding for Fiscal Year 2024/25 Community-Wide Forest Management & Fuel Reduction Project, Neighborhood and Community Improvement Program ***NCIP*** (Mitigated Negative Declaration approved on October 25, 2022) Action: Pulled from Consent; Adopted Resolution No. 24-132 C.S. (4-0-1, Councilmember Barber absent)
Public comment was received from: Monique Kaldy, who suggested allocating more funds to help needy residents with fuel reduction; Bryan Rosen, who said the City needed to reduce emissions; and Nina Beety, who spoke critically against the practice of forest thinning stating that it caused devastation to forests.

The Council discussed the matter. It was stated that how to manage the forest was a difficult and challenging topic as the Council had the responsibility to ensure safety for everyone and also take care of the natural environment. It was noted that the Neighborhood and Community Improvement Program (NCIP) had prioritized fuel reduction for many years and that while it was never enough, there would be the potential for future opportunities to add further programming.

It was stated that the fuel reduction was widely supported and that it should be taken up without delay to protect the City.

On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 24- 132 C.S.:

AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 1 COUNCILMEMBERS: Barber
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)

6. Approve an Amendment to the Memorandum of Understanding (MOU) Between the Monterey Regional Waste Management District (ReGen Monterey) and Member Agencies Regarding Compliance with Organic Waste Recycling and Food Recovery Laws (SB 1383) to Include FY 2024-25 Costs of $44,867 for These Services (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-133 C.S. (4-0-1, Councilmember Barber absent) Council Regular Meeting, 9/3/2024, Item No. 3., Item Page 3, Packet Page 23 City Council Minutes August 20, 2024
4 7. Award a Professional Services Agreement for On-Call Civil Engineering Services with a Not-ToExceed Limit of $500,000.00, for Projects with the City of Monterey to Whitson & Associates, Inc. ***CIP/NCIP*** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-134 C.S. (4-0-1, Councilmember Barber absent)

8. Adopt a Resolution Approving the Memorandum of Understanding between the City of Monterey and the Monterey Fire Fighters’ Association (MFFA) for the period of July 1, 2024, through June 30, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-135 C.S. (4-0-1, Councilmember Barber absent)

9. Approve the Memorandum of Understanding between the City of Monterey and the General Employees of Monterey (GEM) for the period of July 1, 2024, through June 30, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-136 C.S. (4-0-1, Councilmember Barber absent)

10. Approve the Memorandum of Understanding between the City of Monterey and the Management Employees’ Association (MEA) for the period of July 1, 2024, through June 30, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-137 C.S. (4-0-1, Councilmember Barber absent)

11. Amend Resolution 24-098 and Amend the FY 2024-25 Budget to Allocate Salary Adjustments Related to the City’s Compensation Study, Deferred Compensation Increases, and Fire Department Staffing Increases and Updating the Position Control List (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-138 C.S. (4-0-1, Councilmember Barber absent) Other

12. Receive Update on the 2024 City Staff Work Program (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received update
*** End of Consent Agenda ***

PUBLIC APPEARANCE

13. 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) Action: Adopted Resolution No. 24-139 C.S. (4-0-1, Councilmember Barber absent) Community Development Director Cole gave the staff presentation.

Appellant Colin Gallagher expressed that the first storage pod had been placed on the sidewalk and prior to its placement had not had a notice at the location indicating that something would be placed there. He said that if such notice was not required, it should be. He said that neighbors, including himself, who were arriving late from work had had to park two to two-anda-half blocks from home because of the storage pod's placement. He said that most people Council Regular Meeting, 9/3/2024, Item No. 3., Item Page 4, Packet Page 24 City Council Minutes August 20, 2024
5 didn't need a week to move and that one to two days should suffice. He said that there were larger issues at play including that residents didn't need event-related storage on the City's streets. He said that with storage pods there was a potential for crime because someone could cut the lock off a pod. With respect to impacts, he said that the more storage pods allowed in the city, the more parking would be impacted. He asked the City to deny any future storage pod applications.

Community Development Director Cole answered Councilmembers' questions. She stated that the Building staff had reviewed the second storage pod's placement upon receiving a complaint, and confirmed that it was correctly placed. She said that a condition of approval for the encroachment permit had been that it could not be placed upon the curb.

Mr. Gallagher confirmed that the second storage pod had had a notice posted. On question from Council, he explained that he felt the City Code related to obstructions of the public rightof-way had been violated. He asserted that an encroachment permit was supposed to be for short-term matters, not objects that could be present for up to 180 days. He said that during the period that the storage pod was present, obstruction of parking had taken place because neighbors couldn't park where it was, and that he had not observed any criminal activity. He said that if the City's policy on storage pods continued, criminal activity could take place. He expressed concern on what could be stored inside a storage pod unbeknownst to the City.

Public comment was not received.

A motion was introduced by Councilmember Haffa, and seconded by Councilmember Smith, to adopt Resolution No. 24-139 C.S. denying the appeal.

It was suggested by the Council that City staff consider reducing the time period from 180 days for storage pod encroachment permits, and making fees scalable based on permitted time periods. It was stated that some residents may not have much of a choice besides using a storage pod and that using a storage pod may be cheaper or more realistic for residents who are moving. It was stated that as long as staff determined that the storage pod would be safely positioned, it should be allowed. It was stated that the person applying for an encroachment permit had to proceed with specific requirements to ensure safety. It was stressed that Mr.

Gallagher's request to deny all future encroachment permits for storage pods was outside the scope of this appeal.

The motion carried by the following roll-call vote:

AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 1 COUNCILMEMBERS: Barber
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)

14. Authorize City Manager Employment Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Adopted Resolution No. 24-140 C.S. (4-0-1, Councilmember Barber absent) Human Resources Director Neal gave a verbal presentation and answered Councilmembers' questions.

Public comment was received from: Eric Palmer, who asked whether the evaluations included receiving input from front-line staff, and if the objectives and results were shared with the public; Council Regular Meeting, 9/3/2024, Item No. 3., Item Page 5, Packet Page 25 City Council Minutes August 20, 2024
6 and Nina Beety, who said that City issues were not being resolved and provided as an example the comments made by street vendors during general public comments at this meeting.

The Council discussed the matter. The Council said that they were very satisfied with City Manager Uslar's performance. It was stated that City staff who directly reported to the City Manager were surveyed as part of the evaluation. It was noted that the Council could not share the evaluation with the public because they were confidential personnel actions. Highlights were shared of the city's recent actions and successes under the City Manager. It was stated that the City Manager deserved to be recognized for these accomplishments. In regards to the process for evaluations by the City Council, it was stated that hearing input from all stakeholders would be important feedback, and that the public has a right and interest in knowing what is being asked and what information the Council looks for when they conduct evaluations.

On question, Assistant City Attorney Salameh said that there was a privacy interest in personnel and performance evaluations and it would not be legally permissible to release that information and that this was why evaluations by the Council were allowed to be held in closed session. On question, Human Resources Director Neal provided information on the compensation study and stated that the goal was to come within 5% of the median wage.

On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following roll-call vote, the City Council adopted Resolution No. 24-140 C.S.:

AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 1 COUNCILMEMBERS: Barber
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)

15. 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) Action: Adopted Resolution No. 24-141 C.S. (4-0-1, Councilmember Barber absent) Human Resources Director Neal gave a verbal presentation and answered Councilmembers' questions.

Public comment was not received.

A motion was introduced by Mayor Williamson, and seconded by Councilmember Smith, to adopt Resolution No. 24-141 C.S.:

The Council provided information to the public regarding City Attorney Davi, who was noted to have saved the City millions of dollars in legal costs through the excellent representation provided by Ms. Davi together with her staff. Context was provided for how well the City Attorney's work protected the City and the City Council.

The motion passed by the following roll-call vote:

AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 1 COUNCILMEMBERS: Barber
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Council Regular Meeting, 9/3/2024, Item No. 3., Item Page 6, Packet Page 26 City Council Minutes August 20, 2024
7 COUNCIL COMMENTS
Councilmember Haffa reported from Association of Monterey Bay Area Governments (AMBAG), which he said had passed a State grant through to the City for the Madison Street affordable housing project. He said there had previously been concerns about State budget issues affecting funding, but that it had turned out that the reduction in funds would be significantly less than feared. He said that it would make sense for City staff to work with vendors and other interest groups to ensure that the street vending program was safe and attractive and worked for the hardworking people who contribute to the ambiance at the Wharf.

Councilmember Smith reported from Monterey-Salinas Transit (MST), providing an update regarding the upcoming Coastal Commission hearing regarding the proposed SURF! project.

He referred those interested in learning more to the application submitted by MST for the project, and clarified that the Transportation Agency for Monterey County (TAMC) was the property owner, which had granted easement rights to MST. HE said that the project had been included in Measure X, which was passed by the voters to fund regional transportation needs.

He said that a contested matter with regard to the project was whether rail should be slightly displaced or fully removed. He stated that the rail was installed in 1880 and was last used decades ago, and could not be used and would have to be replaced.

Mayor Williamson reported from Monterey One Water (M1W), stating that the expansion of the Pure Monterey project was moving along with the timeline tracking as anticipated and providing details of the stages of the expansion. He said that the project should provide the first water in August 2025. He shared details of an upcoming candidate forum that would be hosted by the Del Monte Beach Neighborhood Association, and encouraged residents to participate, learn about the candidates, and vote.

CITY MANAGER REPORTS
City Manager Uslar thanked the Council for the kind comments that they made about his performance during discussion of Item 14, and said that the highlighted accomplishments wouldn't have been possible without the hard work of the City's excellent staff. He said that a town hall meeting for street vendors would be held in September, and so would a meeting between City staff and the qualified candidates for office who would be on the ballot for the November election.
*** Adjourn to Closed Session (See additional agenda) *** Public comments on the closed session were not received. The Council adjourned at 6:19 p.m. to closed session in memory of Donald Neal, City Electrician, who had recently passed away.

REPORTS FROM CLOSED SESSION
cs1. Conference with Legal Counsel – Existing Litigation Pursuant to Government Code Section 54956.1(d)(1): General Employees of Monterey, PERB Case No. SF-CE-2032-M (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: No reportable action taken
cs2. Conference with Agency Labor Negotiators Pursuant to Government Code Section 54957.6 for Labor Negotiations; Agency Negotiators: Brette Neal, Gina Russo; Employee Organizations: General Employees of Monterey (GEM) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: No reportable action taken
Council Regular Meeting, 9/3/2024, Item No. 3., Item Page 7, Packet Page 27 City Council Minutes August 20, 2024
8 ADJOURNMENT
The Council adjourned at 6:28 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor
Council Regular Meeting, 9/3/2024, Item No. 3., Item Page 8, Packet Page 28 Council
Agenda Report
№08/22
FROM: Andrea Renny, Public Works Director
Prepared By: Jason Bradley, Engineering Project Manager SUBJECT: Award Municipal Improvements Job Order Contract 2024 for City Projects in the Amount of $1,000,000 to The Don Chapin Co., Inc. and A. Teichert & Son, Inc. (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ***CIP/NIP***
RECOMMENDATION:

That the City Council adopt the attached resolution:

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

2. Accepting all responsive, responsible bids;

3. Awarding a construction contract for the Grand Total Bid to the lowest responsive, responsible bidder, The Don Chapin Co., Inc., with a term of one year with the option to renew for two additional one (1) year extensions, and with an annual funding limit of $1,000,000;

4. Awarding a construction contract for the Grand Total Bid to the second lowest responsive, responsible bidder, A. Teichert & Son, Inc., with a term of one year with the option to renew for two additional one (1) year extensions, and with an annual funding limit of $1,000,000; and

5. Authorizing the City Manager, or his designee, to execute the contracts upon the receipt of information required by the Project specifications.

VALUE DRIVERS:

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

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

Two (2) bids were received and opened by the Finance Director’s designee on August 6, 2024 as follows:

Date: 9/3/2024
Item No.: 4.

Council Regular Meeting, 9/3/2024, Item No. 4., Item Page 1, Packet Page 29 Bidder Grand Total
The Don Chapin Co., Inc. $27,010.00
A. Teichert & Son, Inc. $62,349.00
This action does not appropriate any funding. Any projects constructed under this job order contract will be fully funded by Capital Improvement Program (CIP) and Neighborhood Improvement Program (NIP) projects approved by Council as part of the annual budget process.

There is no minimum dollar value of work guaranteed under this contract, and assignment of work orders is at the sole discretion of the City.

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

As set forth in Monterey City Code Section 28-9(b)(2), the City may award job order contracts to a pool of the lowest responsive, responsible bidders for the work set forth in the City’s call for bids and/or written plans and specifications based on unit prices. Up to four (4) multiple job order contracts for public repair, maintenance or alterations work may be awarded by the City Council. Award of multiple job order contracts shall be made to those bidders that submitted responsive and responsible bids, in sequential order based on their bid amount, with the first job order contract awarded to the lowest responsive, responsible bidder (hereinafter, the “first low bidder”), the second job order contract awarded to the second lowest responsive, responsible bidder (hereinafter, the “second low bidder”), and so on, up to a maximum of four (4) total multiple job order contracts.

ENVIRONMENTAL DETERMINATION:

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

ALTERNATIVES CONSIDERED:

The City Council could choose not to award these contracts and instead direct staff to advertise for bids for each construction project individually. However, job order contracts have proven to Council Regular Meeting, 9/3/2024, Item No. 4., Item Page 2, Packet Page 30 be an effective tool to construct routine projects in a timely, efficient manner. Job order contracts also give the City the capability to construct urgent projects and perform emergency repairs on short notice. Non-routine building projects will continue to be bid via the formal and informal bidding process as per the City’s purchasing guidelines.

DISCUSSION:

The City’s Public Works - Engineering Division utilizes four methods to construct City projects in the most cost-effective and efficient manner possible. The four methods used are: Formal Bidding, Informal Bidding, Job Order Contracting, and minor construction performed by in-house City crews. Including Job Order Contracting as one of the available methods to construct routine projects has proven to be an effective tool in implementing City projects.

The publicly advertised call for bids contained a bid schedule, whereupon bidders were required to list rates for routine construction items. These rates cover repair, replacement, upgrade, and construction of street improvements, including sidewalks, ADA-accessible ramps, curbs and asphalt paving, storm drainage and sanitary sewer systems, parking lots, and other improvements.

For the purpose of awarding these job order contracts, the basis for determining the low bidder is the grand total base bid. The base bid establishes prices for the various bid items that may be used in the execution of project work orders during normal construction hours.

Since this contract is based on unit prices and not a specific project, an engineer’s estimate was not prepared for comparison. However, the bid amounts submitted by The Don Chapin Co., Inc. and A. Teichert & Son, Inc. are comparable with the previous job order contract prices. The difference between the two bids can be attributed to various specialties of the contractors.

The City’s Municipal Code Section 28-9(b)(2) allows up to four (4) multiple job order contracts for repair, maintenance or alteration work to be awarded by the City Council. Award of multiple job order contracts shall be made to those bidders that submitted responsive and responsible bids in sequential order based on their bid amount, with the first job order contract awarded to the lowest responsive, responsible bidder, the second job order contract awarded to the second lowest responsive, responsible bidder, and so on.

The contracts shall remain in effect for all written work orders issued by the City during a 12- month period beginning with the effective date of the Notice to Proceed or until the exhaustion of the contract limit, whichever occurs first. With successful performance, these contract(s) may be extended up to two additional 12-month period with the same, annual contract limit. These contracts do not give the contractors exclusive rights to perform all work done for the City.

Certain projects may be performed by City crews or be issued for bid proposals throughout the term of the contract, even if such contracts include this same type of work.

AE/pl
Attachment: 1. Resolution Awarding Contract to The Don Chapin Co., Inc.

2. Resolution Awarding Contract to Teichert Construction

3. Bid Tabulation Table
Council Regular Meeting, 9/3/2024, Item No. 4., Item Page 3, Packet Page 31 e: The Don Chapin Co., Inc.

A. Teichert & Son, Inc.

Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 9/3/2024, Item No. 4., Item Page 4, Packet Page 32 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№010/23
AWARDING MUNICIPAL IMPROVEMENTS JOB ORDER CONTRACT 2024 FOR CITY PROJECTS IN THE AMOUNT OF $1,000,000 TO THE DON CHAPIN CO., INC. (NOT A PROJECT UNDER CEQA ARTICLE 20, SECTION 15378 AND UNDER GENERAL RULE ARTICLE 5, SECTION 15061) ***CIP/NIP***
WHEREAS, on the 6th day of August 2024, at 2:00 pm in the City of Monterey Council Chambers, the City Finance Director’s designee received two bids, for the Municipal Improvements Job Order Contract 2024 for City Projects; WHEREAS, job order contracts have proven to be an effective tool to construct routine projects in a timely, efficient manner, and give the City the capability to construct urgent projects and perform emergency repairs on short notice;
WHEREAS, The Don Chapin Co., Inc. with their Total Bid of twenty-seven thousand ten dollars ($27,010.00) was the lowest responsive, responsible bidder; WHEREAS, A. Teichert & Son, Inc. with their Total Bid of sixty-two thousand three hundred forty-nine dollars ($62,349.00) was the second lowest responsive, responsible bidder; and
WHEREAS, the City of Monterey Planning Office determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. 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 it hereby:

1. Approves the specifications for the Municipal Improvements Job Order Contracts 2024 for City Projects which are available in the Office of the City Engineer (Room 7) and granting the Public Works Director, or her designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Accepts all responsive, responsible bids;
Council Regular Meeting, 9/3/2024, Item No. 4., Item Page 5, Packet Page 33 2 3. Awards a construction contract for the Grand Total Bid to the lowest responsive, responsible bidder, The Don Chapin Co., Inc., with a term of one year with the option to renew for two additional one (1) year extensions, and with an annual funding limit of $1,000,000; and

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

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 9/3/2024, Item No. 4., Item Page 6, Packet Page 34 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№010/23
AWARDING MUNICIPAL IMPROVEMENTS JOB ORDER CONTRACT 2024 FOR CITY PROJECTS IN THE AMOUNT OF $1,000,000 TO A. TEICHERT & SON, INC. (NOT A PROJECT UNDER CEQA ARTICLE 20, SECTION 15378 AND UNDER GENERAL RULE ARTICLE 5, SECTION 15061) ***CIP/NIP***
WHEREAS, on the 6th day of August 2024, at 2:00 pm in the City of Monterey Council Chamber, the City Finance Director’s designee received two bids, for the Municipal Improvements Job Order Contract 2024 for City Projects; WHEREAS, job order contracts have proven to be an effective tool to construct routine projects in a timely, efficient manner, and give the City the capability to construct urgent projects and perform emergency repairs on short notice;
WHEREAS, The Don Chapin Co., Inc. with their Total Bid of twenty-seven thousand ten dollars ($27,010.00) was the lowest responsive, responsible bidder; WHEREAS, A. Teichert & Son, Inc. with their Total Bid of sixty-two thousand three hundred forty-nine dollars ($62,349.00) was the second lowest responsive, responsible bidder; and
WHEREAS, the City of Monterey Planning Office determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

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

2. Accepts all responsive, responsible bids;
Council Regular Meeting, 9/3/2024, Item No. 4., Item Page 7, Packet Page 35 2 3. Awards a construction contract for the Grand Total Bid to the lowest responsive, responsible bidder, A. Teichert & Son, Inc., with a term of one year with the option to renew for two additional one (1) year extensions, and with an annual funding limit of $1,000,000; and

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

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 9/3/2024, Item No. 4., Item Page 8, Packet Page 36 City of Monterey
Finance Department
Rafaela King, Finance Director
580 Pacific Street, Monterey, CA 93940

EVALUATION TABULATION
GEN No. TBD
MUNICIPAL IMPROVEMENT JOB ORDER CONTRACT 2024 FOR CITY PROJECTS RESPONSE DEADLINE: August 6, 2024 at 2:00 pm
Tuesday, August 6, 2024

SELECTED VENDOR TOTALS
Vendor Total
The Don Chapin Company $27,010.00
A. Teichert & Son, Inc. dba
Teichert Construction
$62,349.00
ATTACHMENT 3
Council Regular Meeting, 9/3/2024, Item No. 4., Item Page 9, Packet Page 37 TABLE 1
A. Teichert & Son, Inc.
dba Teichert
Construction The Don Chapin Company
Line Item Description Quantity
Unit of
Measure Unit Cost Total Unit Cost Total
A-1-a
Tree Protection with
Fencing 1 LF $75.00 $75.00 $20.00 $20.00
B-1-a Clearing and Grubbing 1 SF $15.00 $15.00 $10.00 $10.00 B-2-b
Tree Removal and
Disposal (12” diameter
base bid) 1 EA $2,500.00 $2,500.00 $500.00 $500.00
C-1-a
Earthwork on site
(Excavation/stockpiling
) 1 CF $100.00 $100.00 $25.00 $25.00
C-1-b
Earthwork on site
(Excavation/stockpiling 1 CF $50.00 $50.00 $12.00 $12.00 C-1-c
Earthwork on site
(Excavation/stockpiling 1 CF $10.00 $10.00 $5.00 $5.00
C-1-d
Earthwork on site
(Onsite Handling, Place
and Compact) 1 CF $100.00 $100.00 $25.00 $25.00
C-1-e
Earthwork on site
(Onsite Handling, Place
and Compact) 1 CF $50.00 $50.00 $12.00 $12.00
C-1-f
Earthwork on site
(Onsite Handling, Place
and Compact) 1 CF $10.00 $10.00 $5.00 $5.00
C-2-a
Earthwork Offhaul and
Disposal (Excavation,
Offhaul, Disposal) 1 CF $30.00 $30.00 $35.00 $35.00
C-2-b
Earthwork Offhaul and
Disposal (Excavation,
Offhaul, Disposal) 1 CF $15.00 $15.00 $15.00 $15.00
C-2-c
Earthwork Offhaul and
Disposal (Excavation,
Offhaul, Disposal) 1 CF $10.00 $10.00 $6.00 $6.00
C-3-a
Earthwork and Import
Backfill (Furnish, Place,
Compact) 1 CF $30.00 $30.00 $35.00 $35.00
C-3-b
Earthwork and Import
Backfill (Furnish, Place,
Compact) 1 CF $15.00 $15.00 $15.00 $15.00
C-3-c
Earthwork and Import
Backfill (Furnish, Place,
Compact) 1 CF $10.00 $10.00 $7.00 $7.00
D-1-a Sawcut 1 EA $50.00 $50.00 $30.00 $30.00
D-2-a
Demolition and
Disposal (VC) 1 LF $25.00 $25.00 $22.00 $22.00
D-3-a
Form, Place and Finish
(VC) 1 LF $250.00 $250.00 $60.00 $60.00
D-3-b
Form, Place and Finish
(VC) 1 LF $100.00 $100.00 $40.00 $40.00
D-4-a
Furnish, Place and
Compact Class II
Aggregate Base (Under
VC, 4” Thick Base Bid) 1 SF $15.00 $15.00 $11.00 $11.00 ATTACHMENT 3
Council Regular Meeting, 9/3/2024, Item No. 4., Item Page 10, Packet Page 38 D-4-b
Furnish, Place and
Compact Class II
Aggregate Base (Under
VC, 4” Thick Base Bid) 1 SF $12.00 $12.00 $6.00 $6.00
D-4-c
Furnish, Place and
Compact Class II
Aggregate Base (Under
VC, 4” Thick Base Bid) 1 SF $6.00 $6.00 $3.00 $3.00
D-5-c Dowel (VC) 1 EA $30.00 $30.00 $25.00 $25.00
E-1-a Sawcut (CG) 1 EA $50.00 $50.00 $35.00 $35.00
E-2-a
Demolition and
Disposal (C&G) 1 LF $150.00 $150.00 $60.00 $60.00
E-2-b
Demolition and
Disposal (C&G) 1 LF $50.00 $50.00 $30.00 $30.00
E-3-a
Form, Place and Finish
(C&G) 1 LF $250.00 $250.00 $75.00 $75.00
E-3-b
Form, Place and Finish
(C&G) 1 LF $100.00 $100.00 $50.00 $50.00
E-3-c
Form, Place and Finish
(C&G) 1 LF $90.00 $90.00 $30.00 $30.00
E-4-a
Furnish, Place and
Compact Class II
Aggregate Base (Under
CG, 4” Thick Base) 1 SF $50.00 $50.00 $11.00 $11.00
E-4-b
Furnish, Place and
Compact Class II
Aggregate Base (Under
CG, 4” Thick Base) 1 SF $15.00 $15.00 $9.00 $9.00
E-4-c
Furnish, Place and
Compact Class II
Aggregate Base (Under
CG, 4” Thick Base) 1 SF $6.00 $6.00 $5.00 $5.00
E-4-d
Furnish, Place and
Compact Class II
Aggregate Base (Under
CG, 4” Thick Base) 1 SF $10.00 $10.00 $3.00 $3.00
E-5-a
Form, Place and Finish
12” Gutter (C&G) 1 LF $250.00 $250.00 $15.00 $15.00
E-6-a
Form, Place and Finish
18” Gutter (C&G) 1 LF $100.00 $100.00 $20.00 $20.00
F-1-a
Sawcut (SW, 4” Thick
Base) 1 LF $10.00 $10.00 $30.00 $30.00
F-1-b
Sawcut (SW, 4” Thick
Base) 1 LF $5.00 $5.00 $10.00 $10.00
F-1-c
Sawcut (SW, 1” Thick
Increment) 1 LF $1.00 $1.00 $2.00 $2.00
F-2-a
Demolition and
Disposal (SW) 1 CF $50.00 $50.00 $40.00 $40.00
F-2-b
Demolition and
Disposal (SW) 1 CF $20.00 $20.00 $30.00 $30.00
F-3-a
Form, Place and Finish
(SW) 1 SF $60.00 $60.00 $40.00 $40.00
F-3-b
Form, Place and Finish
(SW) 1 SF $20.00 $20.00 $25.00 $25.00
F-3-c
Form, Place and Finish
(SW) 1 SF $15.00 $15.00 $10.00 $10.00
F-4-a
Furnish, Place and
Compact Class II
Aggregate Base (Under 1 SF $20.00 $20.00 $11.00 $11.00
ATTACHMENT 3
Council Regular Meeting, 9/3/2024, Item No. 4., Item Page 11, Packet Page 39 SW, 4” Thick Base)
F-4-b
Furnish, Place and
Compact Class II
Aggregate Base (Under
SW, 4” Thick Base) 1 SF $6.00 $6.00 $9.00 $9.00
F-4-c
Furnish, Place and
Compact Class II
Aggregate Base (Under
SW, 4” Thick Base) 1 SF $5.00 $5.00 $5.00 $5.00
F-4-d
Furnish, Place and
Compact Class II
Aggregate Base (Under
SW, 2” Thick
Increment) 1 SF $.50 $.50 $3.00 $3.00
F-5-a Dowel (SW) 1 EA $30.00 $30.00 $30.00 $30.00
G-1-a
Sawcut (SWX, 6” Thick
Base Bid) 1 LF $10.00 $10.00 $30.00 $30.00
G-1-b
Sawcut (SWX, 6” Thick
Base Bid) 1 LF $5.00 $5.00 $10.00 $10.00
G-1-c
Sawcut (SWX, 1” Thick
Increment) 1 LF $.50 $.50 $1.00 $1.00
G-2-a
Demolition and
Disposal (SWX) 1 CF $100.00 $100.00 $35.00 $35.00
G-2-b
Demolition and
Disposal (SWX) 1 CF $30.00 $30.00 $30.00 $30.00
G-3-a
Form, Place and Finish
(SWX) 1 SF $60.00 $60.00 $40.00 $40.00
G-3-b
Form, Place and Finish
(SWX) 1 SF $20.00 $20.00 $25.00 $25.00
G-3-c
Form, Place and Finish
(SWX) 1 SF $15.00 $15.00 $8.00 $8.00
G-4-a
Furnish, Place and
Compact Class II
Aggregate Base (Under
SWX, 4” Thick Base Bid) 1 SF $50.00 $50.00 $15.00 $15.00 G-4-b
Furnish, Place and
Compact Class II
Aggregate Base (Under
SWX, 4” Thick Base Bid) 1 SF $15.00 $15.00 $10.00 $10.00 G-4-c
Furnish, Place and
Compact Class II
Aggregate Base (Under
SWX, 4” Thick Base Bid) 1 SF $6.00 $6.00 $5.00 $5.00
G-4-d
Furnish, Place and
Compact Class II
Aggregate Base (Under
SWX, 2” Thick
Increment) 1 SF $1.00 $1.00 $3.00 $3.00
G-5-a Dowel (SWX) 1 EA $30.00 $30.00 $25.00 $25.00
H-1-a
Sawcut (CR, 6” Thick
Base Bid) 1 LF $10.00 $10.00 $30.00 $30.00
H-1-b
Sawcut (CR, 1” Thick
Increment) 1 LF $1.00 $1.00 $1.00 $1.00
H-2-a
Demolition and
Disposal (CR) 1 CF $50.00 $50.00 $37.00 $37.00
H-3-a
Form, Place and Finish
(CR) 1 SF $15.00 $15.00 $40.00 $40.00
ATTACHMENT 3
Council Regular Meeting, 9/3/2024, Item No. 4., Item Page 12, Packet Page 40 H-4-a
Furnish, Place and
Compact Class II
Aggregate Base (Under
CR, 4” Thick Base Bid) 1 SF $6.00 $6.00 $11.00 $11.00
H-5-a Dowel (CR) 1 EA $30.00 $30.00 $25.00 $25.00
H-6-a
Install Truncated
Domes 1 SF $200.00 $200.00 $60.00 $60.00
I-1-a
Sawcut (XG, 6” Thick
Base Bid) 1 LF $10.00 $10.00 $25.00 $25.00
I-1-b
Sawcut (XG, 1” Thick
Increment) 1 LF $1.00 $1.00 $1.00 $1.00
I-2-a
Demolition and
Disposal (XG) 1 CF $200.00 $200.00 $35.00 $35.00
I-3-a
Form, Place and Finish
(XG) 1 SF $30.00 $30.00 $40.00 $40.00
I-4-a
Furnish, Place and
Compact Class II
Aggregate Base (Under
XG, 4” Thick Base Bid) 1 SF $10.00 $10.00 $11.00 $11.00 I-4-b
Furnish, Place and
Compact Class II
Aggregate Base (Under
XG, 2” Thick Increment) 1 SF $1.00 $1.00 $3.00 $3.00
1-5-a Dowel (XG) 1 EA $30.00 $30.00 $25.00 $25.00
J-1-a Sawcut (HMAD) 1 EA $5.00 $5.00 $10.00 $10.00
J-2-a
Demolition and
Disposal (HMAD) 1 LF $10.00 $10.00 $10.00 $10.00
J-3-a
Furnish and Place
(HMAD, Type A) 1 LF $200.00 $200.00 $15.00 $15.00
J-3-b
Furnish and Place
(HMAD, Type A) 1 LF $50.00 $50.00 $15.00 $15.00
J-4-a
Furnish and Place
(HMAD, Type E) 1 LF $50.00 $50.00 $12.00 $12.00
J-4-b
Furnish and Place
(HMAD, Type E) 1 LF $50.00 $50.00 $5.00 $5.00
K-1-a Add Integral Color 1 Lb $50.00 $50.00 $17.00 $17.00 L-1-a
Demolition and
Disposal (HMASW) 1 SF $20.00 $20.00 $10.00 $10.00
L-1-b
Demolition and
Disposal (HMASW) 1 SF $10.00 $10.00 $6.00 $6.00
L-2-a
Furnish, Place and
Finish (HMASW, 2”
Thick) 1 SF $100.00 $100.00 $12.00 $12.00
L-2-b
Furnish, Place and
Finish (HMASW, 2”
Thick) 1 SF $20.00 $20.00 $6.00 $6.00
L-3-a
Furnish, Place and
Compact Class II
Aggregate Base (Under
HMASW, 4” Thick Base
Bid) 1 SF $10.00 $10.00 $11.00 $11.00
L-3-b
Furnish, Place and
Compact Class II
Aggregate Base (Under
HMASW, 4” Thick Base
Bid) 1 SF $6.00 $6.00 $9.00 $9.00
ATTACHMENT 3
Council Regular Meeting, 9/3/2024, Item No. 4., Item Page 13, Packet Page 41 L-3-c
Furnish, Place and
Compact Class II
Aggregate Base (Under
HMASW, 2” Thick
Increment) 1 SF $1.00 $1.00 $3.00 $3.00
L-4-a
Furnish and Install 2” x
4” Header Board with
Stake (HMASW) 1 LF $50.00 $50.00 $18.00 $18.00
L-4-b
Furnish and Install 2” x
4” Header Board with
Stake (HMASW) 1 LF $20.00 $20.00 $8.00 $8.00
M-1-a
Sawcut (CST, 6” Thick
Base Bid) 1 LF $10.00 $10.00 $25.00 $25.00
M-1-b
Sawcut (CST, 1” Thick
Increment 1 LF $1.00 $1.00 $2.00 $2.00
M-2-a
Demolition and
Disposal (CST, 6” Thick
Maximum) 1 CF $100.00 $100.00 $35.00 $35.00
M-2-b
Demolition and
Disposal (CST, 6” Thick
Maximum) 1 CF $50.00 $50.00 $25.00 $25.00
M-3-a
Form, Place and Finish
(CST, 6” Thick Base Bid) 1 SF $150.00 $150.00 $60.00 $60.00 M-3-b
Form, Place and Finish
(CST, 6” Thick Base Bid) 1 SF $60.00 $60.00 $35.00 $35.00 M-3-c
Form, Place and Finish
(CST, 6” Thick Base Bid) 1 SF $25.00 $25.00 $18.00 $18.00 M-3-d
Form, Place and Finish
(CST, 1” Thick
Increment) 1 SF $10.00 $10.00 $6.00 $6.00
M-4-a
Furnish, Place and
Compact Class II
Aggregate Base (Under
CST, 4” Thick Base Bid) 1 SF $20.00 $20.00 $11.00 $11.00 M-4-b
Furnish, Place and
Compact Class II
Aggregate Base (Under
CST, 4” Thick Base Bid) 1 SF $10.00 $10.00 $9.00 $9.00
M-4-c
Furnish, Place and
Compact Class II
Aggregate Base (Under
CST, 2” Thick
Increment) 1 SF $1.00 $1.00 $6.00 $6.00
N-1-a
Sawcut (TCP, 3” Thick
Base Bid) 1 LF $10.00 $10.00 $10.00 $10.00
N-1-b
Sawcut (TCP, 1” Thick
Increment) 1 LF $5.00 $5.00 $3.00 $3.00
N-2-a
Demolition and
Disposal (TCP, 1” Thick
Increment) 1 CF $10.00 $10.00 $15.00 $15.00
N-3-a
Furnish, Place and
Compact Class II
Aggregate Base (Under
TCP, 4” Thick Base Bid) 1 SF $50.00 $50.00 $25.00 $25.00 N-3-b
Furnish, Place and
Compact Class II
Aggregate Base (Under
TCP, 4” Thick Base Bid) 1 SF $10.00 $10.00 $12.00 $12.00 N-3-c
Furnish, Place and
Compact Class II
Aggregate Base (Under 1 SF $1.00 $1.00 $3.00 $3.00
ATTACHMENT 3
Council Regular Meeting, 9/3/2024, Item No. 4., Item Page 14, Packet Page 42 TCP, 1” Thick
Increment)
N-4-a
Furnish, Place and
Compact Hot Mix
Asphalt (TCP, 2” Thick
Base Bid) 1 SF $60.00 $60.00 $45.00 $45.00
N-4-b
Furnish, Place and
Compact Hot Mix
Asphalt (TCP, 2” Thick
Base Bid) 1 SF $30.00 $30.00 $25.00 $25.00
N-4-c
Furnish, Place and
Compact Hot Mix
Asphalt (TCP, 1” Thick
Increment) 1 SF $5.00 $5.00 $5.00 $5.00
O-1-a
Remove and Dispose of
Sign and Sign Post 1 EA $250.00 $250.00 $50.00 $50.00
O-2-a
Salvage and Reinstall
Sign and Sign Post 1 EA $750.00 $750.00 $100.00 $100.00 O-3-a
Furnish and Install New
Sign and Post 1 EA $1,100.00 $1,100.00 $100.00 $100.00
O-4-a
Furnish and Install New
Sign (Strap and Saddle
Method) 1 EA $500.00 $500.00 $200.00 $200.00
O-5-a
Install New Sign and
Sign Post (City
Furnished Sign) 1 EA $750.00 $750.00 $100.00 $100.00
P-1-a
Furnish and Install High
Density Polyethylene
(HDPE) Pipe, 8”
Diameter 1 LF $175.00 $175.00 $20.00 $20.00
P-1-b
Furnish and Install High
Density Polyethylene
(HDPE) Pipe, 8”
Diameter 1 LF $100.00 $100.00 $15.00 $15.00
P-2-a
Furnish and Install High
Density Polyethylene
(HDPE) Pipe, 12”
Diameter 1 LF $200.00 $200.00 $30.00 $30.00
P-2-b
Furnish and Install High
Density Polyethylene
(HDPE) Pipe, 12”
Diameter 1 LF $100.00 $100.00 $25.00 $25.00
P-3-a
Furnish and Install
Polyvinyl Chloride
(PVC), 8” Diameter 1 LF $200.00 $200.00 $30.00 $30.00
P-3-b
Furnish and Install
Polyvinyl Chloride
(PVC), 8” Diameter 1 LF $100.00 $100.00 $25.00 $25.00
P-4-a
Furnish and Install
Polyvinyl Chloride
(PVC), 12” Diameter 1 LF $200.00 $200.00 $65.00 $65.00
P-4-b
Furnish and Install
Polyvinyl Chloride
(PVC), 12” Diameter 1 LF $120.00 $120.00 $40.00 $40.00
P-5-a
Demolition and
Disposal of Catch Basin
(Standard, 4’ Deep
Maximum Base Bid) 1 EA $4,000.00 $4,000.00 $1,750.00 $1,750.00 ATTACHMENT 3
Council Regular Meeting, 9/3/2024, Item No. 4., Item Page 15, Packet Page 43 P-5-b
Demolition and
Disposal of Catch Basin
(Extended, 4’ Deep
Maximum Base Bid 1 EA $5,000.00 $5,000.00 $1,750.00 $1,750.00 P-5-c
Demolition and
Disposal of Manhole (4’
Deep Maximum Base
Bid) 1 EA $7,000.00 $7,000.00 $2,000.00 $2,000.00
P-5-d
Demolition and
Disposal of Catch Basin
or Manhole (1’ Deep
Increment) 1 LF $800.00 $800.00 $250.00 $250.00
P-6-a
Install Catch Basin
(Standard, 4’ Deep
Maximum Base Bid) 1 EA $7,500.00 $7,500.00 $5,000.00 $5,000.00 P-6-b
Install Catch Basin
(Extended Inlet, 4’
Deep Maximum Base
Bid) 1 EA $8,000.00 $8,000.00 $5,500.00 $5,500.00
P-6-c
Install Catch Basin
(Standard and
Extended Inlet, 1’ Deep
Increment) 1 LF $800.00 $800.00 $250.00 $250.00
P-7-a
Install Manhole (4’
Deep Maximum Base
Bid) 1 EA $10,000.00 $10,000.00 $5,000.00 $5,000.00
P-7-b
Install Manhole (1’
Deep Increment) 1 LF $750.00 $750.00 $250.00 $250.00
P-8-a Install Clean Out 1 EA $2,500.00 $2,500.00 $150.00 $150.00 P-9-a Install Curb Drain 1 EA $500.00 $500.00 $150.00 $150.00 P-10-a Install Edge Drain 1 LF $30.00 $30.00 $25.00 $25.00 P-11-a Slurry Cement Backfill 1 CF $20.00 $20.00 $18.00 $18.00 P-12-a Drain Rock Backfill 1 CF $20.00 $20.00 $10.00 $10.00 P-13-a Repair Sewer Lateral 1 LF $550.00 $550.00 $25.00 $25.00 Q-1-a
Furnish and Construct
Wood Retaining Wall,
1’ Retaining Wall
Height 1 LF $250.00 $250.00 $125.00 $125.00
Q-1-b
Furnish and Construct
Wood Retaining Wall,
1’ Retaining Wall
Height 1 LF $100.00 $100.00 $50.00 $50.00
Q-2-a
Furnish and Construct
Wood Retaining Wall,
2’ Retaining Wall
Height 1 LF $300.00 $300.00 $150.00 $150.00
Q-2-b
Furnish and Construct
Wood Retaining Wall,
2’ Retaining Wall
Height 1 LF $120.00 $120.00 $60.00 $60.00
Q-3-a
Furnish and Construct
Wood Retaining Wall,
3’ Retaining Wall
Height 1 LF $250.00 $250.00 $165.00 $165.00
Q-3-b
Furnish and Construct
Wood Retaining Wall,
3’ Retaining Wall 1 LF $150.00 $150.00 $75.00 $75.00
ATTACHMENT 3
Council Regular Meeting, 9/3/2024, Item No. 4., Item Page 16, Packet Page 44 Height
Q-4-a
Furnish and Construct
Wood Retaining Wall,
4’ Retaining Wall
Height 1 LF $400.00 $400.00 $175.00 $175.00
Q-4-b
Furnish and Construct
Wood Retaining Wall,
4’ Retaining Wall
Height 1 LF $200.00 $200.00 $75.00 $75.00
R-1-a Construction Staking 1 Hr $300.00 $300.00 $175.00 $175.00 S-1-a
Sawcut (PAVER, 4”
Thick Base Bid) 1 LF $30.00 $30.00 $5.00 $5.00
S-1-b
Sawcut (PAVER, 1”
Thick Increment) 1 LF $1.00 $1.00 $1.00 $1.00
S-2-a
Demolition and
Disposal (PAVER) 1 CF $100.00 $100.00 $30.00 $30.00
S-3-a
Furnish, Place and
Finish Paver Surfacing
(On Concrete
Underslab) 1 SF $150.00 $150.00 $70.00 $70.00
S-3-b
Furnish, Place and
Finish Paver Surfacing
(On Concrete
Underslab) 1 SF $75.00 $75.00 $45.00 $45.00
S-4-a
Repair Paver Surfacing
(On Concrete
Underslab) 1 SF $300.00 $300.00 $70.00 $70.00
S-4-b
Repair Paver Surfacing
(On Concrete
Underslab) 1 SF $200.00 $200.00 $45.00 $45.00
S-5-a Dowel (PAVER) 1 EA $30.00 $30.00 $1.00 $1.00
T-1-a
Pervious Rubber
Surface 1 SF $200.00 $200.00 $80.00 $80.00
T-1-b
Pervious Rubber
Surface 1 SF $100.00 $100.00 $50.00 $50.00
Total $62,349.00 $27,010.00

EVALUATION TABULATION
General Solicitation - MUNICIPAL IMPROVEMENT JOB ORDER CONTRACT 2024 FOR CITY PROJECTS

Page 1 ends

ATTACHMENT 3
Council Regular Meeting, 9/3/2024, Item No. 4., Item Page 17, Packet Page 45 Council
Agenda Report
FROM: Andrea Renny, Public Works Director
Prepared By: Marissa Garcia, Engineering Assistant
SUBJECT: Award a Professional Services Agreement for Construction Management for the Del Monte and Casa Verde Recreational Trail Intersection Improvement Project in an Amount Not to Exceed $367,998.74 to SJ Construction Management (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP/NCIP*** RECOMMENDATION:

That the City Council adopt the attached resolution to:

1. Award a professional services agreement for construction management a to SJ Construction Management, in an amount not to exceed $367,998.74; and

2. Authorize the City Manager, or his designee, to execute the contract upon the receipt of the information required by the Request for Proposals; and VALUE DRIVERS:

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

POLICY IMPLICATIONS:

This action is consistent with the City Council’s Value Drivers and Strategic Priorities of Quality of Life – “Respond effectively to neighborhood concerns;” Fiscal Stewardship – “Prioritize funding models and sources for facility rehabilitation, repair, and replacement”; Active Mobility – “Maintain and repair core street, roadway, and storm drain infrastructure” and “Continue to enhance mobility for people of all ages and abilities.” This action is in accordance with Chapter 28-Purchasing of the City Code, which requires Public Works project contract awards exceeding $150,000 to be approved by City Council.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: Yes.

FISCAL IMPLICATIONS:

One proposal was received on June 17, 2024, as follows:

Date: 9/3/2024
Item No.: 5.

Council Regular Meeting, 9/3/2024, Item No. 5., Item Page 1, Packet Page 46 №10/24
Total Project Construction Management Estimate:

Professional Services Agreement $367,998.74
Funding Sources:

Highway Safety Improvement Program (HSIP) Grant (37N1214) $132,397.98 Measure X (35C1851) $1,799,438.85
Measure P-ADA (35C1555) $9,114,354.24
As of August 7, 2024, sufficient funding is available to complete the project.

The anticipated split of funding for this project by funding source is as follows:

Funding Sources:

Highway Safety Improvement Program (HSIP) Grant (37N1214) $99,580.00 Measure X (35C1851) $134,209.37
Measure P-ADA (35C1555) $134,209.37
However, the Finance Department, Public Works Department, and Caltrans Local Assistance Division are working on closing out prior phases of the project and moving grant funds to the Construction Phase of the Project. Additional federal funds may become available from prior phases.

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project is an intersection improvement project that involves intersection operation improvements, pedestrian improvements, bicycle improvements, and recreation trail crossing improvements. All work is within the public right-of-way and there will be no creation of new lanes. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions founds at CEQA Guidelines Section 15300.2.

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

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.

There would be no cumulative impact because the project does not involve the creation of additional automobile lanes.

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

Council Regular Meeting, 9/3/2024, Item No. 5., Item Page 2, Packet Page 47 №10/24
This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). The project would not be visible from a scenic highway.

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

Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The project is located in the area of high archeological sensitivity as shown in the General Plan (Figure 8). The project will include digging into native soil at a depth of approximately 13 feet (only for the traffic signal pole foundations), a depth typically within the native soil. A Phase I Archeological Report, dated January 4, 2023, was prepared by Dudek for the Del Monte Avenue and Casa Verde Way intersection in anticipation of this improvement project. The study concluded that there is moderate potential for encountering cultural resources during the planned construction. As recommended by the study, the project will include an on-site qualified archeological monitor for all ground disturbing activities during construction, and will comply with regulations regarding accidental discovery of human remains. Therefore, the project would not have an impact on archeological resources.

ALTERNATIVES CONSIDERED:

No alternatives are recommended. This project is federally funded and has a tight timeline and any delays in this project could jeopardize the City’s ability to meet the Highway Safety Improvement Program timely use of funds grant deadlines for the Del Monte and Casa Verde and Recreation Trail Crossing Intersection Improvement Project, which would force the City to forfeit the $923,832 in grant funding.

DISCUSSION:

Project Overview
In August 2018, City staff applied for a competitive grant through the Highway Safety Improvement Program to fund intersection improvements at Del Monte and Casa Verde. The project was first identified as a part of a community planning process. During the public engagement effort, residents of the Del Monte Beach neighborhood had several concerns with the existing crossing and intersection. The project was initiated through the Neighborhood and Community Improvement Program (NCIP). The intersection of Del Monte and Casa Verde is the only entry point into the Del Monte Beach Neighborhood and Del Monte Beach. Following this initial feedback, additional review was completed and found this intersection to have a higher number of collisions. Due to the unique characteristics and the trail crossing, the area surrounding Casa Verde shows a concentration of collisions.

This intersection is the convergence point of a major neighborhood entrance, a heavily used trail crossing, and a major commute route into the city for all modes of transportation, especially bicycles, which utilize the Monterey Bay Coastal Recreational Trail. The Recreational Trail links the cities of Marina, Sand City, and Seaside to Monterey and Pacific Grove. The trail connects employment centers such as Cannery Row and Downtown to residential areas and is used throughout the day as well as evening hours. The project will provide safe access for bicyclists and pedestrians on a vital link between residential, commercial, educational, and community facilities. Design and construction improvements included in this project are trail and crosswalk Council Regular Meeting, 9/3/2024, Item No. 5., Item Page 3, Packet Page 48 №10/24
improvements, traffic signal safety modifications to include protected left turns on Casa Verde and ADA improvements. Figure 1 shows an excerpt from the Project Plans.

Figure 1: Northside Project Layout
Funding
Neighborhood and Community Improvement Program (NCIP) funds were used to develop the application and as ‘earmarks’ the local matching funds. The City was successful in obtaining the grant funding by demonstrating the need and purpose of this project and showing a benefit-tocost ratio of 12.1, which far exceeded the required ratio of 3.5.

The California Department of Transportation (Caltrans) awarded the City of Monterey a $923,832 grant for the Del Monte and Casa Verde and Recreation Trail Crossing Intersection Improvement Project. This project is consistent with the adopted the City of Monterey MultiModal Mobility Plan and the City Council’s Value Driver and Strategic Initiatives.

Construction
The City is in contract with Precision Grade, Inc. for the construction of the project. The construction contract in the amount of $1,600,690 was awarded at the June 18th City Council Meeting. Due to the strict requirements of federally funded projects, a construction management consulting firm is needed to assist the City during construction of the project. A request for proposal was prepared by staff and advertised on May 16, 2024, to solicit proposals from qualified firms. Several qualified consulting firms downloaded the request for proposals documents, however the City received only one qualified proposal. Selection of the bestqualified firms was made in accordance with Section 28-30 of the City’s Purchasing Ordinance.

Council Regular Meeting, 9/3/2024, Item No. 5., Item Page 4, Packet Page 49 №10/24
SJ Construction Management is a consulting firm specializing in construction management services. With over 25 years of combined experience, the firm team has successfully managed numerous infrastructure and public works projects across the Central Valley and Bay Area. The firm has experience on several public works projects. They also have experience with state and federally-funded projects from preconstruction to completion, ensuring compliance with all regulatory standards and delivering quality results.

Construction is estimated to begin in late 2024, and the estimated completion date is March 2025. Construction management services will continue through May 2025 to assist with federal grant closeout.

MG/ss
Attachments: 1. Resolution
e: Andrew Easterling, City Engineer
Diana Garrett, Caltrans District 5 Local Assistance
SJ Construction Management, Inc.

Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 9/3/2024, Item No. 5., Item Page 5, Packet Page 50 RESOLUTION NO. __-___ C.S.

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

AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION

MANAGEMENT SERVICES FOR THE DEL MONTE AND CASA VERDE RECREATIONAL

TRAIL INTERESECTION IMPROVEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $367,998.74 TO SJ CONSTRUCTION MANAGEMENT***CIP/NCIP*** WHEREAS, on the 11th day of June 2025, at 5:00 pm the City of Monterey received one (1) electronic proposal through the City’s e-Procurement Portal, Open Gov Procurement, for the Del Monte and Casa Verde Recreational Trail Intersection Improvement Project (37C1214) (“Project”);
WHEREAS, SJ Construction Management. was the sole submission and was selected for the Project;
WHEREAS, a construction management consultant is needed to assist the City during construction of the project;
WHEREAS, selection of the best qualified firm was made in accordance with Section 28- 30 of the City’s Purchasing Ordinance;
WHEREAS, sufficient funds, in the amount of $367,998.74, are available in the Del Monte and Casa Verde Recreational Trail Intersection Improvement Project (37C1214), the Measure P-ADA (35C1555) and the Measure X Identified Safety Projects account (35c1851) to complete the work;
WHEREAS, Measure X is an ideal source of funding for this project because the project is consistent with the goals of Measure X in that it improves safety on local roads and highways; improves transportation for seniors, young people, and people with disabilities; and makes walking and biking safer;
WHEREAS, the funding has already been appropriated by prior Council action.

CIP/Grant appropriation was authorized via the adoption of Resolution 19-120. NCIP funding was appropriated via the adoption of Resolutions 11-118 and 14-135. The adoption of Resolution 24-099 appropriated the Measure X and S funding; and WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project is an intersection improvement project that involves intersection operation improvements, pedestrian improvements, bicycle improvements, and recreation trail crossing improvements. All work is within the public right-of-way and there will be no creation of new lanes. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions founds at CEQA Guidelines Section 15300.2.

Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are Council Regular Meeting, 9/3/2024, Item No. 5., Item Page 6, Packet Page 51 considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Exception a - Location - does not apply to projects which are exempt under Class 1.

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

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

The project will include digging into native soil at a depth of approximately 13 feet (only for the traffic signal pole foundations), a depth typically within the native soil. A Phase I Archeological Report, dated January 4, 2023, was prepared by Dudek for the Del Monte Avenue and Casa Verde Way intersection in anticipation of this improvement project. The study concluded that there is moderate potential for encountering cultural resources during the planned construction.

As recommended by the study, the project will include an on-site qualified archeological monitor for all ground disturbing activities during construction, and will comply with regulations regarding accidental discovery of human remains. Therefore, the project would not have an impact on archeological resources;

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

Council Regular Meeting, 9/3/2024, Item No. 5., Item Page 7, Packet Page 52

1. Awards a professional services agreement for construction management services to SJ Construction Management in an amount not to exceed $367,998.74; and

2. Authorizes the City Manager, or his designee, to execute the contract upon the receipt of the information required by the Request for Proposals.

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, 9/3/2024, Item No. 5., Item Page 8, Packet Page 53 Council
Agenda Report
FROM: Brian Edwards, Library and Museums Director
SUBJECT: Accept and Appropriate $50,000 in Grant Funds from the Thomas Doud, Sr. and Anita M. Doud Fund of the Community Foundation for Monterey County to the 2024-2025 Museum Trust Fund Budget for the Colton Hall and Old Jail Historic Interpretation (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution accepting and appropriating $50,000 in Community Impact Grant funds from the Thomas Doud, Sr. and Anita M. Doud Fund of the Community Foundation for Monterey County to the 2024-2025 Museum Trust Fund Budget, for the Colton Hall and Old Jail Historic Interpretation project.

VALUE DRIVERS:

POLICY IMPLICATIONS:

Chapter 21-4 of the Monterey City Code states:

The City shall establish and maintain a “Museum Trust Fund”, and all gifts, donations, bequests or grants of a financial nature shall be placed in this fund. Expenditures from the fund shall be for Museum purposes only, as approved by the City Council on recommendation from the Colton Hall Museum and Cultural Arts Commission.

FISCAL IMPLICATIONS:

The recommended action would accept $50,000 in grant funds, increase revenues, and appropriate the grant funds to the Museums Trust Fund Budget.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 9/3/2024, Item No. 6., Item Page 1, Packet Page 54 CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

None.

DISCUSSION:

Colton Hall was built as a public hall and schoolhouse and first opened 175 years ago in 1849.

The building was the site of the California Constitutional Convention, first public school, served as a courthouse, library, and various other purposes as a community building. The Old Jail operated as a City Jail from 1854 to 1956 and was turned into a City Museum in 1960. In June 2024, the City received a $50,000 Community Impact grant from the Thomas Doud, Sr. and Anita M. Doud Fund of the Community Foundation for Monterey County (CFMC) for “Colton Hall and Old Jail Historic Interpretation.”
The grant funds were deposited with the City in July and the grant terms require that the funds be used within eleven months. It is anticipated that $40,000 in grant funds will be used to update museum displays and interpretive signage at both the Old Jail and Colton Hall, as well as to add revised seating for public events. $10,000 would be used for personnel costs towards revising displays and interactive exhibits to meet fourth grade California History standards.

On August 1, 2024, the Museum and Cultural Arts Commission recommended that the City Council accept these grant funds based on the terms and conditions outlined in the grant document (Attachment 2) and appropriate them to the 2024-2025 Museum Trust Fund Budget.

Attachments: 1. Resolution

2. CFMC Grant Agreement
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, 9/3/2024, Item No. 6., Item Page 2, Packet Page 55 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
ACCEPTING AND APPROPRIATING $50,000 IN GRANT FUNDS FROM THE THOMAS DOUD, SR. AND ANITA M. DOUD FUND OF THE COMMUNITY FOUNDATION OF

MONTEREY COUNTY TO THE MUSEUM TRUST FUND BUDGET FOR THE COLTON HALL

AND OLD JAIL HISTORIC INTERPRETATION
WHEREAS, in June 2024, the City received and accepted a $50,000 Community Impact grant from the Thomas Doud, Sr. and Anita M. Doud Fund of the Community Foundation for Monterey County for “Colton Hall and Old Jail Historic Interpretation;” WHEREAS, the buildings are listed as historical landmarks by the State of California, and the City of Monterey has operated Colton Hall Museum since 1949 and Old Jail Museum since 1960 to tell our Monterey history; and
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

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

WHEREAS, the Museum and Cultural Arts Commission recommended the allocation of the grant funds for Colton Hall and Old Jail Historic Interpretation at their August 1, 2024 meeting.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby accepts the $50,000 grant from the Thomas Doud, Sr. and Anita M. Doud Fund of the Community Foundation for Monterey County and directs the Finance Director to make the following appropriations to the Museum Trust Fund accounts listed below for Fiscal Year 2024-2025:

Fiscal Year 2024-2025
Museum Trust Fund
Revenues were received and recorded in 818-550-5610-3834 on July 3, 2024.

Council Regular Meeting, 9/3/2024, Item No. 6., Item Page 3, Packet Page 56 2 Appropriate $50,000 to the following accounts:
810-550-5610-0000-4205 Colton Hall and Old Jail Historic Interpretation $40,000 810-550-5610-0000-4103 Museum Staffing $10,000
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, 9/3/2024, Item No. 6., Item Page 4, Packet Page 57

GRANT AGREEMENT
This grant from the Community Foundation for Monterey County (CFMC) is to be used only for the purposes described herein and is subject to the grantee’s acceptance of the conditions specified below.

Organization: City of Monterey, Museums and Cultural Arts Funding Request: #49257
Grant Amount: $50,000
Grant Period: July 1, 2024 – May 31, 2025 (11-month grant) Purpose: Colton Hall and Old Jail Historic Interpretation Final Report Due: May 31, 2025
This Community Impact grant is paid from the Thomas Doud, Sr. and Anita M. Doud Fund of the Community Foundation for Monterey County. We ask that the grant be listed in this way in all newsletters, annual reports, media releases and other communications. Please feel free to inform your stakeholders and the media of this award.

Purpose and Use of Funds: Grant funds must be spent within 11 months of the grant date, for the purposes stated in the grant proposal and specified above and not for the personal benefit of any individual.

Grant funds may not be used for any expenses incurred prior to the grant date. If something unexpected occurs or additional time to complete the funded activities is needed, you may request an extension or budget modification by email. No changes may be made in timing or budgetary use of the grant funds without the CFMC’s advance written approval. We suggest that you download a copy of this grant agreement for your records.

Required Reports: The organization is expected to submit a final report through this online grant system as scheduled. The final report consists of responses to questions describing progress made toward the purpose and objectives of the grant. The organization is responsible for maintaining records of grant funds received and the expenses incurred until all grant requirements have been fulfilled and will provide additional details to the CFMC in a reasonable time should it be requested. The ability to submit completed, timely reports may affect future eligibility for future grants. If the organization applies for another grant before this grant award is extended, you may be asked to submit a progress report on the grant objectives and expenditures, depending on the grant program.

Details regarding a grant, including annual report due dates and online materials submission (e.g., reports, Communicating Your Grant, etc.) are saved in your online account. Email correspondence is used through our online grants manager. It is your responsibility to keep your online account and contact information current by informing us of any changes. More information is available in the Overview Guide to using our online grants system at www.cfmco.org/apply
If you have any questions about this grant, please contact Janet Shing, Director of Grantmaking, 831.375.9712 x137 or [email protected].

ATTACHMENT 2
Council Regular Meeting, 9/3/2024, Item No. 6., Item Page 5, Packet Page 58 Council
Agenda Report
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Anastacia Wyatt, Housing Manager
SUBJECT: Authorize On-Call Professional Services Agreement with Veronica Tam and Associates, Inc., for a Not to Exceed Amount of $200,000 Annually to Provide Housing Professional Services from FY 2024-2025 through FY 2029-2030 through the next Consolidated Five-Year Planning Period (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution authorizing a professional services agreement with Veronica Tam and Associates, Inc., for a not to exceed amount of $200,000 annually to provide housing professional services from FY 2024-2025 through FY 2029-2030 through the next U.S. Department of Housing and Urban Development (HUD) Consolidated planning period.

VALUE DRIVERS:

POLICY IMPLICATIONS:

Professional service agreements ensure the City can prepare technical Housing and Urban Development (HUD) documents.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: Yes.

FISCAL IMPLICATIONS:

The City of Monterey budgets for housing professional services on an annual basis to provide technical assistance as needed.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 9/3/2024, Item No. 7., Item Page 1, Packet Page 59 №10/24
this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

Council could decide that on-call professional housing services are not required. Staff does not recommend this alternative because the City receives federal funds and technical assistance is needed.

DISCUSSION:

The U.S. Department of Housing and Urban Development (HUD) requires a Five-Year Consolidated Plan 2025-2029 (ConPlan), including first-year Annual Action Plan and subsequent Annual Action Plans and Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER is a report of annual accomplishments achieved and is used to evaluate the grantee’s progress in meeting annual goals with CDBG funds received from the U.S.

Department of Housing and Urban Development (HUD). The City’s annual goals are established in the annual Action Plan and long-term goals are established in the 2020-2024 Consolidated Plan. The RFP also requested assistance with Housing Successor Agency reporting and general housing services.

On Thursday, July 18, 2024, staff circulated the Request for Proposals (RFP) for On-Call Housing Professional Services to firms that provide the desired services focused on reports and technical assistance to satisfy federal and state reporting requirements described above.

The RFP requested that the chosen consultant prepare the ConPlan pursuant to all current federal laws, regulations, and guidelines and fully comply with the requirements of the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, as amended. The ConPlan and Action Plan must follow any and all HUD amendments and updates, such as utilizing the HUD’s Office of Community Planning and Development (CPD) eCon Planning Suite, Consolidated Plan template in Integrated Disbursement and Information System (IDIS) and the CPD Maps website.HUD reporting and requirements can change annually and having an on-call consultant to assist the City in interpreting difficult requirements can ensure City programs remain in compliance with state and federal requirements.

The RFP also requested that the Consultant would be responsible for making any revisions required by HUD. Consultant will be responsible for troubleshooting with HUD relative to using IDIS/eCon Planning Suite software. The Consultant will be responsible for preparing maps, tables, charts, illustrations, and photographs to include in the Plan.

The City is also required to prepare Housing Successor Agency reports. Technical assistance is needed to complete these documents. Other general housing services may include technical advice on housing grants, reporting requirements, income qualification and other housing assistance services.

The RFP was also posted through the City’s e-Procurement Portal, OpenGov Procurement and on the City’s website. By the August 9, 2024 deadline, three firms responded including:
 Veronica Tam and Associates, Inc. from Pasadena, CA
 MVN & Associates, LLC, Rancho Cucamonga, CA
 Michael Baker International, Long Beach, CA
Council Regular Meeting, 9/3/2024, Item No. 7., Item Page 2, Packet Page 60 №10/24
Veronica Tam and Associates received the highest evaluation scores based on the rating and ranking criteria that prioritized the following: responsiveness/willingness to comply with agreement terms, ability to manage the project requirements, staff and organizational approach, familiarity with Monterey, and reputation and stability.

The agreement is structured to cover the Consolidated Planning period and completing the final Fiscal Year HUD requirements for FY 2024-2025 through the end of the upcoming Consolidated Planning Period from FY 2025-2030 in an amount not to exceed $200,000 annually.

KC/AW
Attachments: 1. Resolution awarding contract
e: Veronica Tam, Veronica Tam and Associates, Inc.

MVN & Associates, LLC, Rancho Cucamonga, CA
Michael Baker International, Long Beach, CA
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, 9/3/2024, Item No. 7., Item Page 3, Packet Page 61 RESOLUTION NO. __-__ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
1 AUTHORIZING ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH VERONICA TAM AND ASSOCIATES, INC., FOR A NOT TO EXCEED AMOUNT OF $200,000

ANNUALLY TO PROVIDE HOUSING PROFESSIONAL SERVICES
FROM FY 2024-2025 THROUGH FY 2029-2030

THROUGH THE NEXT CONSOLIDATED FIVE-YEAR PLANNING PERIOD WHEREAS, the Housing Division needs to augment its staff resources to complete technical reports for the US. Department of Housing and Urban Development (HUD) Five-Year Consolidated Plan, Annual Action Plan, and CAPER, Housing Successor Agency reports, and other housing technical assistance;
WHEREAS, on July 18, 2024, the City released a Request for Proposals (RFP) to firms that provide the desired services and also posted the RFP on the City’s new e-Procurement Portal, OpenGov Procurement, and the City’s website;
WHEREAS, on August 9, 2024, responses were received from three firms; a selection committee consisting of housing and planning staff reviewed and scored the responses; WHEREAS, the respondents have experience providing a range of technical housing services and are familiar with Monterey;
WHEREAS, Veronica Tam and Associates received the highest evaluation scores based on the rating and ranking criteria that prioritized the following: responsiveness/willingness to comply with agreement terms, ability to manage the project requirements, staff and organizational approach, familiarity with Monterey, and reputation and stability; WHEREAS, the agreement is structured to cover the Consolidated Planning period and completing the final Fiscal Year HUD requirements for FY 2024-2025 through the end of the upcoming Consolidated Planning Period from FY 2025-2030, Housing Successor Agency reports and other technical assistance in an amount not to exceed $200,000 annually; WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

NOW THEREFORE BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTEREY that is hereby authorizes the City Manager, or designee, to execute a Professional Services Agreement with Veronica Tam and Associates, Inc. to provide professional on call housing services and technical assistance for a not to exceed annual amount of $200,000.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 9/3/2024, Item No. 7., Item Page 5, Packet Page 63 Council
Agenda Report
FROM: Cristie Steffy, Parking Superintendent
SUBJECT: Authorize the Mayor to Sign a Letter on Behalf of the City Opposing AB 1082, Proposed Legislation Which Would Eliminate the Ability of Municipalities to Impound or Immobilize Vehicles for Any Number of Past Due Parking Citations (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council authorize the Mayor to sign a letter on behalf of the City opposing AB 1082 (Kalra), which would eliminate the ability of municipalities to impound or immobilize vehicle for any number of past due parking citations.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

AB 1082 provisions would severely restrict our City’s ability to enforce parking regulations. The removal of the authority to immobilize or tow vehicles with unpaid tickets would undermine our enforcement efforts, particularly during peak tourist seasons and large events when parking violations are most frequent. This reduction in enforcement capability could lead to increased violations and unpaid tickets, placing additional strain on our parking management resources.

Without effective enforcement tools, parking spaces reserved for disabled individuals may become more difficult to access, and the overall availability of parking could decrease. This would diminish the quality of the visitor experience and create challenges for residents who rely on accessible and available parking.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

There are no costs incurred in connection with sending a letter opposing AB 1082 ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 1, Packet Page 64 №10/24
rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The Council could choose not to oppose AB 1082. This is not recommended, as the proposed legislation hinders the City’s policy objectives.

DISCUSSION:

AB 1082 proposes significant changes to parking enforcement that would severely impact the City’s ability to manage vehicle violations effectively. This bill would eliminate the authority tor cities and law enforcement to immobilize or tow vehicles, including those with out-of-state plates, significantly weakening enforcement capabilities.

Currently, the City of Monterey works with the California Department of Motor Vehicles (DMV) to collect delinquent parking fees and is required to offer a payment plan with total penalties of up to $500 for indigent persons in monthly installments of no more than $25 over a period of 24 months. AB 1082 would prohibit the DMV from holding vehicle registrations for unpaid violations unless there are three or more outstanding tickets, and it would expand the requirement to offer payment plans, removing the $500 cap for indigent individuals. This would cap the maximum recovery from parking fines at $600 over two years by mandating a payment plan for all individuals—whether indigent or not—at $25 per month. This $600 cap effectively incentivizes non-compliance by allowing unlimited illegal parking with minimal financial repercussions.

The bill also requires processing agencies to grant multiple extensions for payment plan compliance, further diluting enforcement effectiveness. These changes would undermine the City’s ability to enforce parking regulations and manage curb space efficiently, ultimately encouraging rule-breaking rather than compliance.

The author of the bill states that “California has been a national leader in ending policies that disproportionately punish people experiencing poverty, recognizing that these laws do not make individuals more likely to pay but instead trap them in debt and create barriers to financial stability. Vehicle tows and immobilizations result in snowballing consequences that threaten people’s stability and well-being, as well as undermine our state’s economic equity goals. AB 1082 will help cities actually collect unpaid ticket fees and allow California to continue leading the way in ending poverty tows so that working families can continue to drive to work, pay their rent and bills, and provide for their families.” Attachment 2 is the Senate Floor Analysis, which provides more background on the purpose of the bill and it lists those agencies in support of it and in opposition to it.

Given how this bill will impact the City, it is recommended that the Council consider opposing AB 1082 to protect the city's enforcement tools and maintain effective parking management.

Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 2, Packet Page 65 №10/24
It is recommended that the City take an official position opposing AB 1082 and authorize Mayor Williamson to send the attached draft letter.

Attachments: 1. AB 1082

2. AB 1082 Senate Floor Analysis (August 25, 2024)

3. Draft Letter Opposing AB 1082
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, 9/3/2024, Item No. 8., Item Page 3, Packet Page 66 AMENDED IN SENATE AUGUST 23, 2024
AMENDED IN SENATE AUGUST 15, 2024
AMENDED IN SENATE AUGUST 14, 2023
AMENDED IN SENATE JUNE 29, 2023
AMENDED IN SENATE JUNE 21, 2023
AMENDED IN ASSEMBLY MAY 19, 2023
AMENDED IN ASSEMBLY MARCH 21, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1082
Introduced by Assembly Member Kalra
(Coauthors: Assembly Members Bryan, Santiago, and Wicks) (Coauthor: Senator Glazer)
February 15, 2023
An act to amend Sections 1661, 2810.2, 2814.2, 4000, 14602, 22651, 22651.3, 22851.1, 40202, 40203.5, 40204, 40206.5, 40220, and 40261 of the Vehicle Code, relating to vehicles.
legislative counsel’s digest
AB 1082, as amended, Kalra. Authority to remove vehicles. (1) Existing law authorizes a peace officer, as defined, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, to remove a vehicle located within the territorial limits in which the officer or employee may act, under designated circumstances, including, but not 92 ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 4, Packet Page 67 limited to, when a vehicle is found upon a highway or public land or removed pursuant to the Vehicle Code, and has been issued 5 or more notices of parking violations to which the owner or person in control of the vehicle has not responded within a designated time period. Under existing law, a vehicle that has been removed and impounded under those circumstances that is not released may be subject to a lien sale to compensate for the costs of towage and for caring for and keeping safe the vehicle.

This bill would delete the authority of a peace officer or public employee, as appropriate, to remove a vehicle under these circumstances.

The bill would delete the related authority to conduct a lien sale to cover towing and storage expenses, except as specified. The bill would make various conforming and technical changes.
(2) Existing law authorizes a parking citation processing agency, as defined, to collect an unpaid parking penalty by requesting the Department of Motor Vehicles to place a registration hold on the vehicle to which the citations have been issued, or by obtaining a civil judgment against the registered owner of the vehicle, as specified. Existing law requires a processing agency to offer a payment plan for unpaid parking citations to qualified indigent persons, defined as a person whose monthly income is 200 percent or less of the current federal poverty guidelines.

This bill would expand the payment plan option to a person whose monthly income is 300 percent or less of the current poverty guidelines.

The bill would modify payment plans for low-income persons by removing the deadline to file a request to participate in a payment plan, allowing automatic payments, and reducing the total amount due for penalties so that it can be paid off within 24 months, as specified. The bill would give a low-income person who falls out of compliance with a payment plan at least 4 extensions to resume payments, as specified.

The bill would require a processing agency to establish a process to have an unpaid parking penalty waived for a vehicle if the registered owner was in custody in a juvenile facility, county jail, or state prison when the penalty was pending. The bill would require the processing agency to provide a payment plan option for persons who do not qualify as low income. The bill would require the processing agency to mail a courtesy warning notice to the registered vehicle owner that contains information about the payment program, as specified.
92 AB 1082 — 2 —
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 5, Packet Page 68 Existing law authorizes an issuing officer or agency to make a determination, in the interest of justice, to cancel a notice of parking violation within 21 days of the notice being secured to the vehicle.

This bill would remove the 21-day time limitation described above.

Existing law authorizes penalties for specified parking violations to be paid in installments if the issuing agency determines the violator is unable to pay the entire amount in one payment.

This bill would further authorize an issuing agency to reduce or waive the parking penalty if it determines the violator is unable to pay the entire amount in one payment. the violator provides evidence satisfactory to the issuing agency of an inability to pay the parking penalty in full.

This bill would incorporate additional changes to Section 22651 of the Vehicle Code proposed by AB 1978 to be operative only if this bill and AB 1978 are enacted and this bill is enacted last.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 1661 of the Vehicle Code is amended to line 2 read:
line 3 1661. (a)  Except for vehicles registered pursuant to Article 5 line 4 (commencing with Section 9700) of Chapter 6 of Division 3, the line 5 department shall notify the registered owner of each vehicle of the line 6 date that the registration renewal fees for the vehicle are due, at line 7 least 60 days prior to that due date. The department shall indicate line 8 the fact that the required notice was mailed by a notation in the line 9 department’s records.
line 10 (b)  The department shall include in any final notice of delinquent line 11 registration provided to the registered owner of a vehicle whose line 12 registration has not been properly renewed as required under this line 13 code, information relating to the potential removal and line 14 impoundment of that vehicle under subdivision (n) of Section line 15 22651.
line 16 (c)  Commencing on May 1, 2011, subdivision (a) shall not apply line 17 to vehicles with registration expiring on or after July 1, 2011. This line 18 subdivision shall become inoperative on January 1, 2012. line 19 SEC. 2. Section 2810.2 of the Vehicle Code is amended to line 20 read:
92 — 3 — AB 1082
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 6, Packet Page 69 line 1 2810.2. (a)  (1)  A peace officer, as described in Chapter 4.5 line 2 (commencing with Section 830) of Title 3 of Part 2 of the Penal line 3 Code, may stop a vehicle transporting agricultural irrigation line 4 supplies that are in plain view to inspect the bills of lading, line 5 shipping, or delivery papers, or other evidence to determine line 6 whether the driver is in legal possession of the load, if the vehicle line 7 is on a rock road or unpaved road that is located in a county that line 8 has elected to implement this section and the road is located as line 9 follows:
line 10 (A)  Located under the management of the Department of Parks line 11 and Recreation, the Department of Fish and Wildlife, the line 12 Department of Forestry and Fire Protection, the State Lands line 13 Commission, a regional park district, the United States Forest line 14 Service, or the federal Bureau of Land Management. line 15 (B)  Located within the respective ownership of a timberland line 16 production zone, as defined in Chapter 6.7 (commencing with line 17 Section 51100) of Part 1 of Division 1 of Title 5 of the Government line 18 Code, either that is larger than 50,000 acres or for which the owner line 19 of more than 2,500 acres has given express written permission for line 20 a vehicle to be stopped within that zone pursuant to this section. line 21 (2)  Upon reasonable belief that the driver of the vehicle is not line 22 in legal possession, the law enforcement officer specified in line 23 paragraph (1) shall take custody of the vehicle and load and turn line 24 them over to the custody of the sheriff of the county that has elected line 25 to implement this section where the agricultural irrigation supplies line 26 are apprehended.
line 27 (b)  The sheriff shall receive and provide for the care and line 28 safekeeping of the apprehended agricultural irrigation supplies line 29 that were in plain view within the boundaries of public lands under line 30 the management of the entities listed in subparagraph (A) of line 31 paragraph (1) of subdivision (a) or on a timberland production line 32 zone as specified in subparagraph (B) of paragraph (1) of line 33 subdivision (a), and immediately, in cooperation with the line 34 department, proceed with an investigation and its legal disposition. line 35 (c)  An expense incurred by the sheriff in the performance of line 36 their duties under this section shall be a legal charge against the line 37 county.
line 38 (d)  Except as provided in subdivision (e), a peace officer shall line 39 not cause the impoundment of a vehicle at a traffic stop made 92 AB 1082 — 4 —
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 7, Packet Page 70 line 1 pursuant to subdivision (a) if the driver’s only offense is a violation line 2 of Section 12500.
line 3 (e)  During the conduct of pulling a driver over in accordance line 4 with subdivision (a), if the peace officer encounters a driver who line 5 is in violation of Section 12500, the peace officer shall make a line 6 reasonable attempt to identify the registered owner of the vehicle. line 7 If the registered owner is present, or the peace officer is able to line 8 identify the registered owner and obtain the registered owner’s line 9 authorization to release the motor vehicle to a licensed driver line 10 during the vehicle stop, the vehicle shall be released to either the line 11 registered owner of the vehicle if they are a licensed driver or to line 12 the licensed driver authorized by the registered owner of the line 13 vehicle. If a notice to appear is issued, the name and the driver’s line 14 license number of the licensed driver to whom the vehicle was line 15 released pursuant to this subdivision shall be listed on the officer’s line 16 copy of the notice to appear issued to the unlicensed driver. If a line 17 vehicle cannot be released, the vehicle shall be removed pursuant line 18 to subdivision (o) of Section 22651, whether a notice to appear line 19 has been issued or not.
line 20 (f)  For purposes of this section, “agricultural irrigation supplies” line 21 include agricultural irrigation water bladder and one-half inch line 22 diameter or greater irrigation line.
line 23 (g)  This section shall be implemented only in a county where line 24 the board of supervisors adopts a resolution authorizing the line 25 enforcement of this section.
line 26 SEC. 3. Section 2814.2 of the Vehicle Code is amended to line 27 read:
line 28 2814.2. (a)  A driver of a motor vehicle shall stop and submit line 29 to a sobriety checkpoint inspection conducted by a law enforcement line 30 agency when signs and displays are posted requiring that stop. line 31 (b)  Notwithstanding Section 14602.6 or 14607.6, a peace officer line 32 or any other authorized person shall not cause the impoundment line 33 of a vehicle at a sobriety checkpoint if the driver’s only offense is line 34 a violation of Section 12500.
line 35 (c)  During the conduct of a sobriety checkpoint, if the law line 36 enforcement officer encounters a driver who is in violation of line 37 Section 12500, the law enforcement officer shall make a reasonable line 38 attempt to identify the registered owner of the vehicle. If the line 39 registered owner is present, or the officer is able to identify the line 40 registered owner and obtain the registered owner’s authorization 92 — 5 — AB 1082
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 8, Packet Page 71 line 1 to release the motor vehicle to a licensed driver by the end of the line 2 checkpoint, the vehicle shall be released to either the registered line 3 owner of the vehicle if they are a licensed driver or to the licensed line 4 driver authorized by the registered owner of the vehicle. If a notice line 5 to appear is issued, the name and driver’s license number of the line 6 licensed driver to whom the vehicle was released pursuant to this line 7 subdivision shall be listed on the officer’s copy of the notice to line 8 appear issued to the unlicensed driver. When a vehicle cannot be line 9 released, the vehicle shall be removed pursuant to subdivision (o) line 10 of Section 22651, whether a notice to appear has been issued or line 11 not.
line 12 SEC. 4. Section 4000 of the Vehicle Code is amended to read:
line 13 4000. (a)  (1)  A person shall not drive, move, or leave standing line 14 upon a highway, or in an offstreet public parking facility, any line 15 motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging line 16 dolly, unless it is registered and the appropriate fees have been line 17 paid under this code or registered under the permanent trailer line 18 identification program, except that an off-highway motor vehicle line 19 that displays an identification plate or device issued by the line 20 department pursuant to Section 38010 may be driven, moved, or line 21 left standing in an offstreet public parking facility without being line 22 registered or paying registration fees.
line 23 (2)  For purposes of this subdivision, “offstreet public parking line 24 facility” means either of the following:
line 25 (A)  Any publicly owned parking facility.
line 26 (B)  Any privately owned parking facility for which no fee for line 27 the privilege to park is charged and that is held open for the line 28 common public use of retail customers.
line 29 (3)  This subdivision does not apply to any motor vehicle stored line 30 in a privately owned offstreet parking facility by, or with the line 31 express permission of, the owner of the privately owned offstreet line 32 parking facility.
line 33 (4)  (A)  (i)  A violation of this subdivision shall not be the sole line 34 basis for any enforcement action before the second month after line 35 the month of expiration of the vehicle’s registration. line 36 (ii)  Notwithstanding clause (i), if a vehicle is stopped for any line 37 other violation of this code, enforcement action for a violation of line 38 this subdivision may be taken before the second month following line 39 the month of expiration.
92 AB 1082 — 6 —
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 9, Packet Page 72 line 1 (B)  This paragraph shall be operative from July 1, 2024, to line 2 January 1, 2030, inclusive.
line 3 (b)  A person shall not drive, move, or leave standing upon a line 4 highway any motor vehicle, as defined in Chapter 2 (commencing line 5 with Section 39010) of Part 1 of Division 26 of the Health and line 6 Safety Code, that has been registered in violation of Part 5 line 7 (commencing with Section 43000) of Division 26 of the Health line 8 and Safety Code.
line 9 (c)  Subdivisions (a) and (b) do not apply to off-highway motor line 10 vehicles operated pursuant to Sections 38025 and 38026.5. line 11 (d)  This section does not apply, following payment of fees due line 12 for registration, during the time that registration and transfer is line 13 being withheld by the department pending the investigation of any line 14 use tax due under the Revenue and Taxation Code. line 15 (e)  Subdivision (a) does not apply to a vehicle that is towed by line 16 a tow truck on the order of a sheriff, marshal, or other official line 17 acting pursuant to a court order or on the order of a peace officer line 18 acting pursuant to this code.
line 19 (f)  Subdivision (a) applies to a vehicle that is towed from a line 20 highway or offstreet parking facility under the direction of a line 21 highway service organization when that organization is providing line 22 emergency roadside assistance to that vehicle. However, the line 23 operator of a tow truck providing that assistance to that vehicle is line 24 not responsible for the violation of subdivision (a) with respect to line 25 that vehicle. The owner of an unregistered vehicle that is disabled line 26 and located on private property, shall obtain a permit from the line 27 department pursuant to Section 4003 prior to having the vehicle line 28 towed on the highway.
line 29 (g)  (1)  Pursuant to Section 4022 and to subparagraph (B) of line 30 paragraph (3) of subdivision (n) of Section 22651, a vehicle line 31 obtained by a licensed repossessor as a release of collateral is line 32 exempt from registration pursuant to this section for purposes of line 33 the repossessor removing the vehicle to their storage facility or line 34 the facility of the legal owner. A law enforcement agency, line 35 impounding authority, tow yard, storage facility, or any other line 36 person in possession of the collateral shall release the vehicle line 37 without requiring current registration and pursuant to subdivision line 38 (f) of Section 14602.6.
line 39 (2)  The legal owner of collateral shall, by operation of law and line 40 without requiring further action, indemnify and hold harmless a 92 — 7 — AB 1082
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 10, Packet Page 73 line 1 law enforcement agency, city, county, city and county, the state, line 2 a tow yard, storage facility, or an impounding yard from a claim line 3 arising out of the release of the collateral to a licensee, and from line 4 any damage to the collateral after its release, including reasonable line 5 attorney’s fees and costs associated with defending a claim, if the line 6 collateral was released in compliance with this subdivision. line 7 (h)  For purposes of this section, possession of a California line 8 driver’s license by the registered owner of a vehicle shall give rise line 9 to a rebuttable presumption that the owner is a resident of line 10 California.
line 11 SEC. 5. Section 14602 of the Vehicle Code is amended to read:
line 12 14602. In accordance with subdivision (o) of Section 22651, line 13 a vehicle removed pursuant to subdivision (c) of Section 2814.2 line 14 shall be released to the registered owner or their agent at any time line 15 the facility to which the vehicle has been removed is open upon line 16 presentation of the registered owner’s or their agent’s currently line 17 valid driver’s license to operate the vehicle and proof of current line 18 vehicle registration.
line 19 SEC. 6. Section 22651 of the Vehicle Code is amended to read:
line 20 22651. A peace officer, as defined in Chapter 4.5 (commencing line 21 with Section 830) of Title 3 of Part 2 of the Penal Code, or a line 22 regularly employed and salaried employee who is engaged in line 23 directing traffic or enforcing parking laws and regulations of a line 24 city, county, or jurisdiction of a state agency in which a vehicle is line 25 located may remove a vehicle located within the territorial limits line 26 in which the officer or employee may act, under the following line 27 circumstances:
line 28 (a)  If a vehicle is left unattended upon a bridge, viaduct, or line 29 causeway or in a tube or tunnel where the vehicle constitutes an line 30 obstruction to traffic.
line 31 (b)  If a vehicle is parked or left standing upon a highway in a line 32 position so as to obstruct the normal movement of traffic or in a line 33 condition so as to create a hazard to other traffic upon the highway. line 34 (c)  If a vehicle is found upon a highway or public land and a line 35 report has previously been made that the vehicle is stolen or a line 36 complaint has been filed and a warrant thereon is issued charging line 37 that the vehicle was embezzled.
line 38 (d)  If a vehicle is illegally parked so as to block the entrance to line 39 a private driveway, and it is impractical to move the vehicle from line 40 in front of the driveway to another point on the highway. 92 AB 1082 — 8 —
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 11, Packet Page 74 line 1 (e)  If a vehicle is illegally parked so as to prevent access by line 2 firefighting equipment to a fire hydrant, and it is impracticable to line 3 move the vehicle from in front of the fire hydrant to another point line 4 on the highway.
line 5 (f)  If a vehicle, except highway maintenance or construction line 6 equipment, is stopped, parked, or left standing for more than four line 7 hours upon the right-of-way of a freeway that has full control of line 8 access and no crossings at grade, and the driver, if present, cannot line 9 move the vehicle under its own power.
line 10 (g)  If the person in charge of a vehicle upon a highway or public line 11 land is, by reason of physical injuries or illness, incapacitated to line 12 an extent so as to be unable to provide for its custody or removal. line 13 (h)  (1)  If an officer arrests a person driving or in control of a line 14 vehicle for an alleged offense, and the officer is, by this code or line 15 other law, required or permitted to take, and does take, the person line 16 into custody.
line 17 (2)  If an officer serves a notice of an order of suspension or line 18 revocation pursuant to Section 13388 or 13389.
line 19 (i)  If a vehicle is found illegally parked and there are no license line 20 plates or other evidence of registration displayed, the vehicle may line 21 be impounded until the owner or person in control of the vehicle line 22 furnishes the impounding law enforcement agency evidence of line 23 their identity and an address within this state where they can be line 24 located.
line 25 (j)  If a vehicle is parked or left standing upon a highway for 72 line 26 or more consecutive hours in violation of a local ordinance line 27 authorizing removal.
line 28 (k)  If a vehicle is illegally parked on a highway in violation of line 29 a local ordinance forbidding standing or parking and the use of a line 30 highway, or a portion thereof, is necessary for the cleaning, repair, line 31 or construction of the highway, or for the installation of line 32 underground utilities, and signs giving notice that the vehicle may line 33 be removed are erected or placed at least 24 hours prior to the line 34 removal by a local authority pursuant to the ordinance. line 35 (l)  If the use of the highway, or a portion of the highway, is line 36 authorized by a local authority for a purpose other than the normal line 37 flow of traffic or for the movement of equipment, articles, or line 38 structures of unusual size, and the parking of a vehicle would line 39 prohibit or interfere with that use or movement, and signs giving line 40 notice that the vehicle may be removed are erected or placed at 92 — 9 — AB 1082
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 12, Packet Page 75 line 1 least 24 hours prior to the removal by a local authority pursuant line 2 to the ordinance.
line 3 (m)  Whenever a vehicle is parked or left standing where local line 4 authorities, by resolution or ordinance, have prohibited parking line 5 and have authorized the removal of vehicles. Except as provided line 6 in subdivisions (u) and (v), a vehicle shall not be removed unless line 7 signs are posted giving notice of the removal.
line 8 (n)  (1)  If a vehicle is found or operated upon a highway, public line 9 land, or an offstreet parking facility under any of the following line 10 circumstances:
line 11 (A)  (i)  With a registration expiration date in excess of six line 12 months before the date it is found or operated on the highway, line 13 public lands, or the offstreet parking facility. line 14 (ii)  Prior to removing a vehicle pursuant to this subparagraph, line 15 the officer or employee shall verify, using available Department line 16 of Motor Vehicles records, that no current registration exists for line 17 the vehicle. A vehicle shall not be removed pursuant to this line 18 subparagraph if it has a current registration on file with the line 19 Department of Motor Vehicles, regardless of whether the vehicle line 20 is in compliance with subdivision (a) of Section 5204. If the officer line 21 or employee does not have immediate access to those records, a line 22 vehicle shall not be removed pursuant to this subparagraph. line 23 (B)  Displaying in, or upon, the vehicle, a registration card, line 24 identification card, temporary receipt, license plate, special plate, line 25 registration sticker, device issued pursuant to Section 4853, or line 26 permit that was not issued for that vehicle or is not otherwise line 27 lawfully used on that vehicle under this code.
line 28 (C)  Displaying in, or upon, the vehicle, an altered, forged, line 29 counterfeit, or falsified registration card, identification card, line 30 temporary receipt, license plate, special plate, registration sticker, line 31 device issued pursuant to Section 4853, or permit. line 32 (D)  (i)  The vehicle is operating using autonomous technology, line 33 without the registered owner or manufacturer of the vehicle having line 34 first applied for and obtained a valid permit that is required to line 35 operate the vehicle on public roads pursuant to Section 38750, line 36 Article 3.7 (commencing with Section 227.00) of Title 13 of the line 37 California Code of Regulations, and Article 3.8 (commencing with line 38 Section 228.00) of Title 13 of the California Code of Regulations. line 39 (ii)  The vehicle is operating using autonomous technology after line 40 the registered owner or person in control of the vehicle received 92 AB 1082 — 10 —
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 13, Packet Page 76 line 1 notice that the vehicle’s permit required for the operation of the line 2 vehicle pursuant to Section 38750, Article 3.7 (commencing with line 3 Section 227.00) of Title 13 of the California Code of Regulations, line 4 and Article 3.8 (commencing with Section 228.00) of Title 13 of line 5 the California Code of Regulations is suspended, terminated, or line 6 revoked.
line 7 (iii)  For purposes of this subdivision, the terms “autonomous line 8 technology” and “autonomous vehicle” have the same meanings line 9 as in Section 38750.
line 10 (iv)  This subparagraph does not provide the authority for a peace line 11 officer to stop an autonomous vehicle solely for the purpose of line 12 determining whether the vehicle is operating using autonomous line 13 technology without a valid permit required to operate the line 14 autonomous vehicle on public roads pursuant to Section 38750, line 15 Article 3.7 (commencing with Section 227.00) of Title 13 of the line 16 California Code of Regulations, and Article 3.8 (commencing with line 17 Section 228.00) of Title 13 of the California Code of Regulations. line 18 (2)  If a vehicle described in paragraph (1) is occupied, only a line 19 peace officer, as defined in Chapter 4.5 (commencing with Section line 20 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle. line 21 (3)  For the purposes of this subdivision, the vehicle shall be line 22 released under any of the following circumstances:
line 23 (A)  If the vehicle has been removed pursuant to subparagraph line 24 (A), (B), or (C) of paragraph (1), to the registered owner of, or line 25 person in control of, the vehicle only after the owner or person line 26 furnishes the storing law enforcement agency with proof of current line 27 registration and a valid driver’s license to operate the vehicle. line 28 (B)  If the vehicle has been removed pursuant to subparagraph line 29 (D) of paragraph (1), to the registered owner of, or person in control line 30 of, the autonomous vehicle, after the registered owner or person line 31 furnishes the storing law enforcement agency with proof of current line 32 registration and a valid driver’s license, if required to operate the line 33 autonomous vehicle, and either of the following:
line 34 (i)  Proof of a valid permit required to operate the autonomous line 35 vehicle using autonomous technology on public roads pursuant to line 36 Section 38750, Article 3.7 (commencing with Section 227.00) of line 37 Title 13 of the California Code of Regulations, and Article 3.8 line 38 (commencing with Section 228.00) of Title 13 of the California line 39 Code of Regulations.
92 — 11 — AB 1082
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 14, Packet Page 77 line 1 (ii)  A declaration or sworn statement to the Department of Motor line 2 Vehicles that states that the autonomous vehicle will not be line 3 operated using autonomous technology upon public roads without line 4 first obtaining a valid permit to operate the vehicle pursuant to line 5 Section 38750, Article 3.7 (commencing with Section 227.00) of line 6 Title 13 of the California Code of Regulations, and Article 3.8 line 7 (commencing with Section 228.00) of Title 13 of the California line 8 Code of Regulations.
line 9 (C)  To the legal owner or the legal owner’s agency, without line 10 payment of any fees, fines, or penalties for parking tickets or line 11 registration and without proof of current registration, if the vehicle line 12 will only be transported pursuant to the exemption specified in line 13 Section 4022 and if the legal owner does all of the following:
line 14 (i)  Pays the cost of towing and storing the vehicle. line 15 (ii)  Completes an affidavit in a form acceptable to the line 16 impounding law enforcement agency stating that the vehicle was line 17 not in possession of the legal owner at the time of occurrence of line 18 an offense relating to standing or parking. A vehicle released to a line 19 legal owner under this subdivision is a repossessed vehicle for line 20 purposes of disposition or sale. The impounding agency has a lien line 21 on any surplus that remains upon sale of the vehicle to which the line 22 registered owner is or may be entitled, as security for the full line 23 amount of parking penalties for any notices of parking violations line 24 issued for the vehicle and for all local administrative charges line 25 imposed pursuant to Section 22850.5. Upon receipt of any surplus, line 26 the legal owner shall promptly remit to, and deposit with, the line 27 agency responsible for processing notices of parking violations line 28 from that surplus, the full amount of the parking penalties for all line 29 notices of parking violations issued for the vehicle and for all local line 30 administrative charges imposed pursuant to Section 22850.5. line 31 (4)  The impounding agency that has a lien on the surplus that line 32 remains upon the sale of a vehicle to which a registered owner is line 33 entitled has a deficiency claim against the registered owner for the line 34 full amount of parking penalties for any notices of parking line 35 violations issued for the vehicle and for all local administrative line 36 charges imposed pursuant to Section 22850.5, less the amount line 37 received from the sale of the vehicle.
line 38 (5)  As used in this subdivision, “offstreet parking facility” means line 39 an offstreet facility held open for use by the public for parking line 40 vehicles and includes a publicly owned facility for offstreet parking 92 AB 1082 — 12 —
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 15, Packet Page 78 line 1 and a privately owned facility for offstreet parking if a fee is not line 2 charged for the privilege to park and it is held open for the common line 3 public use of retail customers.
line 4 (o)  If the peace officer issues the driver of a vehicle a notice to line 5 appear for a violation of Section 12500, 14601, 14601.1, 14601.2, line 6 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not line 7 impounded pursuant to Section 22655.5. A vehicle so removed line 8 from the highway or public land, or from private property after line 9 having been on a highway or public land, shall not be released to line 10 the registered owner or their agent, except upon presentation of line 11 the registered owner’s or their agent’s currently valid driver’s line 12 license to operate the vehicle and proof of current vehicle line 13 registration to the impounding law enforcement agency or upon line 14 order of a court.
line 15 (p)  If a vehicle is parked for more than 24 hours on a portion line 16 of highway that is located within the boundaries of a common line 17 interest development, as defined in Section 4100 or 6534 of the line 18 Civil Code, and signs, as required by paragraph (1) of subdivision line 19 (a) of Section 22658 of this code, have been posted on that portion line 20 of highway providing notice to drivers that vehicles parked thereon line 21 for more than 24 hours will be removed at the owner’s expense line 22 pursuant to a resolution or ordinance adopted by the local authority. line 23 (q)  If a vehicle is illegally parked and blocks the movement of line 24 a legally parked vehicle.
line 25 (r)  (1)  If a vehicle, except highway maintenance or construction line 26 equipment, an authorized emergency vehicle, or a vehicle that is line 27 properly permitted or otherwise authorized by the Department of line 28 Transportation, is stopped, parked, or left standing for more than line 29 eight hours within a roadside rest area or viewpoint. line 30 (2)  Notwithstanding paragraph (1), if a commercial motor line 31 vehicle, as defined in paragraph (1) of subdivision (b) of Section line 32 15210, is stopped, parked, or left standing for more than 10 hours line 33 within a roadside rest area or viewpoint.
line 34 (3)  For purposes of this subdivision, a roadside rest area or line 35 viewpoint is a publicly maintained vehicle parking area, adjacent line 36 to a highway, utilized for the convenient, safe stopping of a vehicle line 37 to enable motorists to rest or to view the scenery. If two or more line 38 roadside rest areas are located on opposite sides of the highway, line 39 or upon the center divider, within seven miles of each other, then 92 — 13 — AB 1082
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 16, Packet Page 79 line 1 that combination of rest areas is considered to be the same rest line 2 area.
line 3 (s)  If a peace officer issues a notice to appear for a violation of line 4 Section 25279.
line 5 (t)  If a peace officer issues a citation for a violation of Section line 6 11700, and the vehicle is being offered for sale. line 7 (u)  (1)  If a vehicle is a mobile billboard advertising display, as line 8 defined in Section 395.5, and is parked or left standing in violation line 9 of a local resolution or ordinance adopted pursuant to subdivision line 10 (l) of Section 21100, if the registered owner of the vehicle was line 11 previously issued a warning citation for the same offense pursuant line 12 to paragraph (2).
line 13 (2)  Notwithstanding subdivision (a) of Section 22507, a city or line 14 county, in lieu of posting signs noticing a local ordinance line 15 prohibiting mobile billboard advertising displays adopted pursuant line 16 to subdivision (l) of Section 21100 may provide notice by issuing line 17 a warning citation advising the registered owner of the vehicle that line 18 they may be subject to penalties upon a subsequent violation of line 19 the ordinance that may include the removal of the vehicle as line 20 provided in paragraph (1). A city or county is not required to line 21 provide further notice for a subsequent violation prior to the line 22 enforcement of penalties for a violation of the ordinance. line 23 (v)  (1)  If a vehicle is parked or left standing in violation of a line 24 local ordinance or resolution adopted pursuant to subdivision (o) line 25 of Section 21100, if the registered owner of the vehicle was line 26 previously issued a warning citation for the same offense pursuant line 27 to paragraph (2).
line 28 (2)  Notwithstanding subdivision (a) of Section 22507, a city or line 29 county, in lieu of posting signs noticing a local ordinance regulating line 30 advertising signs adopted pursuant to subdivision (o) of Section line 31 21100 may provide notice by issuing a warning citation advising line 32 the registered owner of the vehicle that they may be subject to line 33 penalties upon a subsequent violation of the ordinance that may line 34 include the removal of the vehicle as provided in paragraph (1). line 35 A city or county is not required to provide further notice for a line 36 subsequent violation prior to the enforcement of penalties for a line 37 violation of the ordinance.
line 38 SEC. 6.5. Section 22651 of the Vehicle Code is amended to line 39 read:
92 AB 1082 — 14 —
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 17, Packet Page 80 line 1 22651. A peace officer, as defined in Chapter 4.5 (commencing line 2 with Section 830) of Title 3 of Part 2 of the Penal Code, or a line 3 regularly employed and salaried employee who is engaged in line 4 directing traffic or enforcing parking laws and regulations of a line 5 city, county, or jurisdiction of a state agency in which a vehicle is line 6 located may remove a vehicle located within the territorial limits line 7 in which the officer or employee may act, under the following line 8 circumstances:
line 9 (a)  If a vehicle is left unattended upon a bridge, viaduct, or line 10 causeway or in a tube or tunnel where the vehicle constitutes an line 11 obstruction to traffic.
line 12 (b)  If a vehicle is parked or left standing upon a highway in a line 13 position so as to obstruct the normal movement of traffic or in a line 14 condition so as to create a hazard to other traffic upon the highway. line 15 (c)  If a vehicle is found upon a highway or public land and a line 16 report has previously been made that the vehicle is stolen or a line 17 complaint has been filed and a warrant thereon is issued charging line 18 that the vehicle was embezzled.
line 19 (d)  If a vehicle is illegally parked so as to block the entrance to line 20 a private driveway, and it is impractical to move the vehicle from line 21 in front of the driveway to another point on the highway. line 22 (e)  If a vehicle is illegally parked so as to prevent access by line 23 firefighting equipment to a fire hydrant, and it is impracticable to line 24 move the vehicle from in front of the fire hydrant to another point line 25 on the highway.
line 26 (f)  If a vehicle, except highway maintenance or construction line 27 equipment, is stopped, parked, or left standing for more than four line 28 hours upon the right-of-way of a freeway that has full control of line 29 access and no crossings at grade, and the driver, if present, cannot line 30 move the vehicle under its own power.
line 31 (g)  If the person in charge of a vehicle upon a highway or public line 32 land is, by reason of physical injuries or illness, incapacitated to line 33 an extent so as to be unable to provide for its custody or removal. line 34 (h)  (1)  If an officer arrests a person driving or in control of a line 35 vehicle for an alleged offense, and the officer is, by this code or line 36 other law, required or permitted to take, and and, except as line 37 provided in Section 23109.3, does take, the person into custody. line 38 (2)  If an officer serves a notice of an order of suspension or line 39 revocation pursuant to Section 13388 or 13389.
92 — 15 — AB 1082
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 18, Packet Page 81 line 1 (i)  (1)  If a vehicle, other than a rented vehicle, is found upon line 2 a highway or public land, or is removed pursuant to this code, and line 3 it is known that the vehicle has been issued five or more notices line 4 of parking violations to which the owner or person in control of line 5 the vehicle has not responded within 21 calendar days of notice line 6 of citation issuance or citation issuance or 14 calendar days of the line 7 mailing of a notice of delinquent parking violation to the agency line 8 responsible for processing notices of parking violations, or the line 9 registered owner of the vehicle is known to have been issued five line 10 or more notices for failure to pay or failure to appear in court for line 11 traffic violations for which a certificate has not been issued by the line 12 magistrate or clerk of the court hearing the case showing that the line 13 case has been adjudicated or concerning which the registered line 14 owner’s record has not been cleared pursuant to Chapter 6 line 15 (commencing with Section 41500) of Division 17, the vehicle may line 16 be impounded until that person furnishes to the impounding law line 17 enforcement agency all of the following:
line 18 (A)  Evidence of their identity.
line 19 (B)  An address within this state where they can be located. line 20 (C)  Satisfactory evidence that all parking penalties due for the line 21 vehicle and all other vehicles registered to the registered owner of line 22 the impounded vehicle and all traffic violations of the registered line 23 owner have been cleared.
line 24 (2)  The requirements in subparagraph (C) of paragraph (1) shall line 25 be fully enforced by the impounding law enforcement agency on line 26 and after the time that the Department of Motor Vehicles is able line 27 to provide access to the necessary records.
line 28 (3)  A notice of parking violation issued for an unlawfully parked line 29 vehicle shall be accompanied by a warning that repeated violations line 30 may result in the impounding of the vehicle. In lieu of furnishing line 31 satisfactory evidence that the full amount of parking penalties or line 32 bail has been deposited, that person may demand to be taken line 33 without unnecessary delay before a magistrate, for traffic offenses, line 34 or a hearing examiner, for parking offenses, within the county line 35 where the offenses charged are alleged to have been committed line 36 and who has jurisdiction of the offenses and is nearest or most line 37 accessible with reference to the place where the vehicle is line 38 impounded. Evidence of current registration shall be produced line 39 after a vehicle has been impounded, or, at the discretion of the line 40 impounding law enforcement agency, a notice to appear for 92 AB 1082 — 16 —
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 19, Packet Page 82 line 1 violation of subdivision (a) of Section 4000 shall be issued to that line 2 person.
line 3 (4)  A vehicle shall be released to the legal owner, as defined in line 4 Section 370, if the legal owner does all of the following:
line 5 (A)  Pays the cost of towing and storing the vehicle. line 6 (B)  Submits evidence of payment of fees as provided in Section line 7 9561.
line 8 (C)  Completes an affidavit in a form acceptable to the line 9 impounding law enforcement agency stating that the vehicle was line 10 not in possession of the legal owner at the time of occurrence of line 11 the offenses relating to standing or parking. A vehicle released to line 12 a legal owner under this subdivision is a repossessed vehicle for line 13 purposes of disposition or sale. The impounding agency shall have line 14 a lien on any surplus that remains upon sale of the vehicle, to which line 15 the registered owner is or may be entitled, as security for the full line 16 amount of the parking penalties for all notices of parking violations line 17 issued for the vehicle and for all local administrative charges line 18 imposed pursuant to Section 22850.5. The legal owner shall line 19 promptly remit to, and deposit with, the agency responsible for line 20 processing notices of parking violations from that surplus, on line 21 receipt of that surplus, the full amount of the parking penalties for line 22 all notices of parking violations issued for the vehicle and for all line 23 local administrative charges imposed pursuant to Section 22850.5. line 24 (5)  The impounding agency that has a lien on the surplus that line 25 remains upon the sale of a vehicle to which a registered owner is line 26 entitled pursuant to paragraph (4) has a deficiency claim against line 27 the registered owner for the full amount of the parking penalties line 28 for all notices of parking violations issued for the vehicle and for line 29 all local administrative charges imposed pursuant to Section line 30 22850.5, less the amount received from the sale of the vehicle. line 31 (j)
line 32 (i)  If a vehicle is found illegally parked and there are no license line 33 plates or other evidence of registration displayed, the vehicle may line 34 be impounded until the owner or person in control of the vehicle line 35 furnishes the impounding law enforcement agency evidence of line 36 their identity and an address within this state where they can be line 37 located.
line 38 (k)
92 — 17 — AB 1082
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 20, Packet Page 83 line 1 (j)  If a vehicle is parked or left standing upon a highway for 72 line 2 or more consecutive hours in violation of a local ordinance line 3 authorizing removal.
line 4 (l)
line 5 (k)  If a vehicle is illegally parked on a highway in violation of line 6 a local ordinance forbidding standing or parking and the use of a line 7 highway, or a portion thereof, is necessary for the cleaning, repair, line 8 or construction of the highway, or for the installation of line 9 underground utilities, and signs giving notice that the vehicle may line 10 be removed are erected or placed at least 24 hours prior to the line 11 removal by a local authority pursuant to the ordinance. line 12 (m)
line 13 (l)  If the use of the highway, or a portion of the highway, is line 14 authorized by a local authority for a purpose other than the normal line 15 flow of traffic or for the movement of equipment, articles, or line 16 structures of unusual size, and the parking of a vehicle would line 17 prohibit or interfere with that use or movement, and signs giving line 18 notice that the vehicle may be removed are erected or placed at line 19 least 24 hours prior to the removal by a local authority pursuant line 20 to the ordinance.
line 21 (n)
line 22 (m)  Whenever a vehicle is parked or left standing where local line 23 authorities, by resolution or ordinance, have prohibited parking line 24 and have authorized the removal of vehicles. Except as provided line 25 in subdivisions (v) and (w), (u) and (v), a vehicle shall not be line 26 removed unless signs are posted giving notice of the removal. line 27 (o)
line 28 (n)  (1)  If a vehicle is found or operated upon a highway, public line 29 land, or an offstreet parking facility under any of the following line 30 circumstances:
line 31 (A)  (i)  With a registration expiration date in excess of six line 32 months before the date it is found or operated on the highway, line 33 public lands, or the offstreet parking facility. line 34 (ii)  Prior to removing a vehicle pursuant to this subparagraph, line 35 the officer or employee shall verify, using available Department line 36 of Motor Vehicles records, that no current registration exists for line 37 the vehicle. A vehicle shall not be removed pursuant to this line 38 subparagraph if it has a current registration on file with the line 39 Department of Motor Vehicles, regardless of whether the vehicle line 40 is in compliance with subdivision (a) of Section 5204. If the officer 92 AB 1082 — 18 —
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 21, Packet Page 84 line 1 or employee does not have immediate access to those records, a line 2 vehicle shall not be removed pursuant to this subparagraph. line 3 (B)  Displaying in, or upon, the vehicle, a registration card, line 4 identification card, temporary receipt, license plate, special plate, line 5 registration sticker, device issued pursuant to Section 4853, or line 6 permit that was not issued for that vehicle or is not otherwise line 7 lawfully used on that vehicle under this code.
line 8 (C)  Displaying in, or upon, the vehicle, an altered, forged, line 9 counterfeit, or falsified registration card, identification card, line 10 temporary receipt, license plate, special plate, registration sticker, line 11 device issued pursuant to Section 4853, or permit. line 12 (D)  (i)  The vehicle is operating using autonomous technology, line 13 without the registered owner or manufacturer of the vehicle having line 14 first applied for and obtained a valid permit that is required to line 15 operate the vehicle on public roads pursuant to Section 38750, line 16 Article 3.7 (commencing with Section 227.00) of Title 13 of the line 17 California Code of Regulations, and Article 3.8 (commencing with line 18 Section 228.00) of Title 13 of the California Code of Regulations. line 19 (ii)  The vehicle is operating using autonomous technology after line 20 the registered owner or person in control of the vehicle received line 21 notice that the vehicle’s permit required for the operation of the line 22 vehicle pursuant to Section 38750, Article 3.7 (commencing with line 23 Section 227.00) of Title 13 of the California Code of Regulations, line 24 and Article 3.8 (commencing with Section 228.00) of Title 13 of line 25 the California Code of Regulations is suspended, terminated, or line 26 revoked.
line 27 (iii)  For purposes of this subdivision, the terms “autonomous line 28 technology” and “autonomous vehicle” have the same meanings line 29 as in Section 38750.
line 30 (iv)  This subparagraph does not provide the authority for a peace line 31 officer to stop an autonomous vehicle solely for the purpose of line 32 determining whether the vehicle is operating using autonomous line 33 technology without a valid permit required to operate the line 34 autonomous vehicle on public roads pursuant to Section 38750, line 35 Article 3.7 (commencing with Section 227.00) of Title 13 of the line 36 California Code of Regulations, and Article 3.8 (commencing with line 37 Section 228.00) of Title 13 of the California Code of Regulations. line 38 (2)  If a vehicle described in paragraph (1) is occupied, only a line 39 peace officer, as defined in Chapter 4.5 (commencing with Section line 40 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle. 92 — 19 — AB 1082
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 22, Packet Page 85 line 1 (3)  For the purposes of this subdivision, the vehicle shall be line 2 released under any of the following circumstances:
line 3 (A)  If the vehicle has been removed pursuant to subparagraph line 4 (A), (B), or (C) of paragraph (1), to the registered owner of, or line 5 person in control of, the vehicle only after the owner or person line 6 furnishes the storing law enforcement agency with proof of current line 7 registration and a valid driver’s license to operate the vehicle. line 8 (B)  If the vehicle has been removed pursuant to subparagraph line 9 (D) of paragraph (1), to the registered owner of, or person in control line 10 of, the autonomous vehicle, after the registered owner or person line 11 furnishes the storing law enforcement agency with proof of current line 12 registration and a valid driver’s license, if required to operate the line 13 autonomous vehicle, and either of the following:
line 14 (i)  Proof of a valid permit required to operate the autonomous line 15 vehicle using autonomous technology on public roads pursuant to line 16 Section 38750, Article 3.7 (commencing with Section 227.00) of line 17 Title 13 of the California Code of Regulations, and Article 3.8 line 18 (commencing with Section 228.00) of Title 13 of the California line 19 Code of Regulations.
line 20 (ii)  A declaration or sworn statement to the Department of Motor line 21 Vehicles that states that the autonomous vehicle will not be line 22 operated using autonomous technology upon public roads without line 23 first obtaining a valid permit to operate the vehicle pursuant to line 24 Section 38750, Article 3.7 (commencing with Section 227.00) of line 25 Title 13 of the California Code of Regulations, and Article 3.8 line 26 (commencing with Section 228.00) of Title 13 of the California line 27 Code of Regulations.
line 28 (C)  To the legal owner or the legal owner’s agency, without line 29 payment of any fees, fines, or penalties for parking tickets or line 30 registration and without proof of current registration, if the vehicle line 31 will only be transported pursuant to the exemption specified in line 32 Section 4022 and if the legal owner does all of the following:
line 33 (i)  Pays the cost of towing and storing the vehicle. line 34 (ii)  Completes an affidavit in a form acceptable to the line 35 impounding law enforcement agency stating that the vehicle was line 36 not in possession of the legal owner at the time of occurrence of line 37 an offense relating to standing or parking. A vehicle released to a line 38 legal owner under this subdivision is a repossessed vehicle for line 39 purposes of disposition or sale. The impounding agency has a lien line 40 on any surplus that remains upon sale of the vehicle to which the 92 AB 1082 — 20 —
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 23, Packet Page 86 line 1 registered owner is or may be entitled, as security for the full line 2 amount of parking penalties for any notices of parking violations line 3 issued for the vehicle and for all local administrative charges line 4 imposed pursuant to Section 22850.5. Upon receipt of any surplus, line 5 the legal owner shall promptly remit to, and deposit with, the line 6 agency responsible for processing notices of parking violations line 7 from that surplus, the full amount of the parking penalties for all line 8 notices of parking violations issued for the vehicle and for all local line 9 administrative charges imposed pursuant to Section 22850.5. line 10 (4)  The impounding agency that has a lien on the surplus that line 11 remains upon the sale of a vehicle to which a registered owner is line 12 entitled has a deficiency claim against the registered owner for the line 13 full amount of parking penalties for any notices of parking line 14 violations issued for the vehicle and for all local administrative line 15 charges imposed pursuant to Section 22850.5, less the amount line 16 received from the sale of the vehicle.
line 17 (5)  As used in this subdivision, “offstreet parking facility” means line 18 an offstreet facility held open for use by the public for parking line 19 vehicles and includes a publicly owned facility for offstreet parking line 20 and a privately owned facility for offstreet parking if a fee is not line 21 charged for the privilege to park and it is held open for the common line 22 public use of retail customers.
line 23 (p)
line 24 (o)  If the peace officer issues the driver of a vehicle a notice to line 25 appear for a violation of Section 12500, 14601, 14601.1, 14601.2, line 26 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not line 27 impounded pursuant to Section 22655.5. A vehicle so removed line 28 from the highway or public land, or from private property after line 29 having been on a highway or public land, shall not be released to line 30 the registered owner or their agent, except upon presentation of line 31 the registered owner’s or their agent’s currently valid driver’s line 32 license to operate the vehicle and proof of current vehicle line 33 registration to the impounding law enforcement agency or upon line 34 order of a court.
line 35 (q)
line 36 (p)  If a vehicle is parked for more than 24 hours on a portion line 37 of highway that is located within the boundaries of a common line 38 interest development, as defined in Section 4100 or 6534 of the line 39 Civil Code, and signs, as required by paragraph (1) of subdivision line 40 (a) of Section 22658 of this code, have been posted on that portion 92 — 21 — AB 1082
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 24, Packet Page 87 line 1 of highway providing notice to drivers that vehicles parked thereon line 2 for more than 24 hours will be removed at the owner’s expense line 3 pursuant to a resolution or ordinance adopted by the local authority. line 4 (r)
line 5 (q)  If a vehicle is illegally parked and blocks the movement of line 6 a legally parked vehicle.
line 7 (s)
line 8 (r)  (1)  If a vehicle, except highway maintenance or construction line 9 equipment, an authorized emergency vehicle, or a vehicle that is line 10 properly permitted or otherwise authorized by the Department of line 11 Transportation, is stopped, parked, or left standing for more than line 12 eight hours within a roadside rest area or viewpoint. line 13 (2)  Notwithstanding paragraph (1), if a commercial motor line 14 vehicle, as defined in paragraph (1) of subdivision (b) of Section line 15 15210, is stopped, parked, or left standing for more than 10 hours line 16 within a roadside rest area or viewpoint.
line 17 (3)  For purposes of this subdivision, a roadside rest area or line 18 viewpoint is a publicly maintained vehicle parking area, adjacent line 19 to a highway, utilized for the convenient, safe stopping of a vehicle line 20 to enable motorists to rest or to view the scenery. If two or more line 21 roadside rest areas are located on opposite sides of the highway, line 22 or upon the center divider, within seven miles of each other, then line 23 that combination of rest areas is considered to be the same rest line 24 area.
line 25 (t)
line 26 (s)  If a peace officer issues a notice to appear for a violation of line 27 Section 25279.
line 28 (u)
line 29 (t)  If a peace officer issues a citation for a violation of Section line 30 11700, and the vehicle is being offered for sale. line 31 (v)
line 32 (u)  (1)  If a vehicle is a mobile billboard advertising display, as line 33 defined in Section 395.5, and is parked or left standing in violation line 34 of a local resolution or ordinance adopted pursuant to subdivision line 35 (m) (l) of Section 21100, if the registered owner of the vehicle was line 36 previously issued a warning citation for the same offense pursuant line 37 to paragraph (2).
line 38 (2)  Notwithstanding subdivision (a) of Section 22507, a city or line 39 county, in lieu of posting signs noticing a local ordinance line 40 prohibiting mobile billboard advertising displays adopted pursuant 92 AB 1082 — 22 —
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 25, Packet Page 88 line 1 to subdivision (m) (l) of Section 21100 may provide notice by line 2 issuing a warning citation advising the registered owner of the line 3 vehicle that they may be subject to penalties upon a subsequent line 4 violation of the ordinance that may include the removal of the line 5 vehicle as provided in paragraph (1). A city or county is not line 6 required to provide further notice for a subsequent violation prior line 7 to the enforcement of penalties for a violation of the ordinance. line 8 (w)
line 9 (v)  (1)  If a vehicle is parked or left standing in violation of a line 10 local ordinance or resolution adopted pursuant to subdivision (p) line 11 (o) of Section 21100, if the registered owner of the vehicle was line 12 previously issued a warning citation for the same offense pursuant line 13 to paragraph (2).
line 14 (2)  Notwithstanding subdivision (a) of Section 22507, a city or line 15 county, in lieu of posting signs noticing a local ordinance regulating line 16 advertising signs adopted pursuant to subdivision (p) (o) of Section line 17 21100 may provide notice by issuing a warning citation advising line 18 the registered owner of the vehicle that they may be subject to line 19 penalties upon a subsequent violation of the ordinance that may line 20 include the removal of the vehicle as provided in paragraph (1). line 21 A city or county is not required to provide further notice for a line 22 subsequent violation prior to before the enforcement of penalties line 23 for a violation of the ordinance.
line 24 SEC. 7. Section 22651.3 of the Vehicle Code is amended to line 25 read:
line 26 22651.3. (a)  Any peace officer, as that term is defined in line 27 Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 line 28 of the Penal Code, or any regularly employed and salaried line 29 employee, who is engaged in directing traffic or enforcing parking line 30 laws and regulations, of a city, county, or jurisdiction of a state line 31 agency in which any vehicle, other than a rented vehicle, is located line 32 may remove the vehicle from an offstreet public parking facility line 33 located within the territorial limits in which the officer or employee line 34 may act when the vehicle is illegally parked so as to prevent the line 35 movement of a legally parked vehicle.
line 36 (b)  Evidence of current registration shall be produced after a line 37 vehicle has been impounded. At the discretion of the impounding line 38 law enforcement agency, a notice to appear for violation of line 39 subdivision (a) of Section 4000 may be issued to the owner or 92 — 23 — AB 1082
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 26, Packet Page 89 line 1 person in control of the vehicle, if the two days immediately line 2 following the day of impoundment are weekend days or holidays. line 3 SEC. 8. Section 22851.1 of the Vehicle Code is amended to line 4 read:
line 5 22851.1. (a)  If the vehicle is impounded prior to January 1, line 6 2025, pursuant to subdivision (i) of Section 22651, as that section line 7 read on December 31, 2024, and not released as provided in that line 8 subdivision, the vehicle may be sold pursuant to this chapter to line 9 satisfy the liens specified in Section 22851 and in subdivision (b) line 10 of this section.
line 11 (b)  A local authority impounding a vehicle pursuant to line 12 subdivision (i) of Section 22651 shall have a lien dependent upon line 13 possession by the keeper of the garage for satisfaction of bail for line 14 all outstanding notices of parking violation issued by the local line 15 authority for the vehicle, when the conditions specified in line 16 subdivision (c) have been met. This lien shall be subordinate in line 17 priority to the lien established by Section 22851, and the proceeds line 18 of any sale shall be applied accordingly. Consistent with this order line 19 of priority, the term “lien,” as used in this article and in Chapter line 20 6.5 (commencing with Section 3067) of Title 14 of Part 4 of line 21 Division 3 of the Civil Code, includes a lien imposed by this line 22 subdivision. In any action brought to perfect the lien, where line 23 required by subdivision (d) of Section 22851.8 of this code, or by line 24 subdivision (d) of Section 3071 or subdivision (d) of Section 3072 line 25 of the Civil Code, it shall be a defense to the recovery of bail that line 26 the owner of the vehicle at the time of impoundment was not the line 27 owner of the vehicle at the time of the parking offense. line 28 (c)  A lien shall exist for bail with respect to parking violations line 29 for which no person has answered the charge in the notice of line 30 parking violation given, or filed an affidavit of nonownership line 31 pursuant to and within the time specified in subdivision (b) of line 32 Section 41103.
line 33 SEC. 9. Section 40202 of the Vehicle Code is amended to read:
line 34 40202. (a)  If a vehicle is unattended during the time of the line 35 violation, the peace officer or person authorized to enforce parking line 36 laws and regulations shall securely attach to the vehicle a notice line 37 of parking violation setting forth the violation, including reference line 38 to the section of this code or of the Public Resources Code, the line 39 local ordinance, or the federal statute or regulation so violated; the line 40 date; the approximate time thereof; the location where the violation 92 AB 1082 — 24 —
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 27, Packet Page 90 line 1 occurred; a statement printed on the notice indicating that the date line 2 of payment is required to be made not later than 21 calendar days line 3 from the date of citation issuance; and the procedure for the line 4 registered owner, lessee, or rentee to deposit the parking penalty line 5 or, pursuant to Section 40215, contest the citation. The notice of line 6 parking violation shall also set forth the vehicle license number line 7 and registration expiration date if they are visible, the last four line 8 digits of the vehicle identification number, if that number is line 9 readable through the windshield, the color of the vehicle, and, if line 10 possible, the make of the vehicle. The notice of parking violation, line 11 or copy thereof, shall be considered a record kept in the ordinary line 12 course of business of the issuing agency and the processing agency line 13 and shall be prima facie evidence of the facts contained therein. line 14 (b)  The notice of parking violation shall be served by attaching line 15 it to the vehicle either under the windshield wiper or in another line 16 conspicuous place upon the vehicle so as to be easily observed by line 17 the person in charge of the vehicle upon the return of that person. line 18 (c)  Once the issuing officer has prepared the notice of parking line 19 violation and has attached it to the vehicle as provided in line 20 subdivisions (a) and (b), the officer shall file the notice with the line 21 processing agency. Any person, including the issuing officer and line 22 any member of the officer’s department or agency, or any peace line 23 officer who alters, conceals, modifies, nullifies, or destroys, or line 24 causes to be altered, concealed, modified, nullified, or destroyed line 25 the face of the remaining original or any copy of a citation that line 26 was retained by the officer, for any reason, before it is filed with line 27 the processing agency or with a person authorized to receive the line 28 deposit of the parking penalty, is guilty of a misdemeanor. line 29 (d)  If, during the issuance of a notice of parking violation, line 30 without regard to whether the vehicle was initially attended or line 31 unattended, the vehicle is driven away prior to attaching the notice line 32 to the vehicle, the issuing officer shall file the notice with the line 33 processing agency. The processing agency shall mail, within 15 line 34 calendar days of issuance of the notice of parking violation, a copy line 35 of the notice of parking violation or transmit an electronic facsimile line 36 of the notice to the registered owner.
line 37 (e)  If the issuing officer or the issuing agency determines that, line 38 in the interest of justice, the notice of parking violation should be line 39 canceled, the issuing agency, pursuant to subdivision (a) of Section line 40 40215, shall cancel the notice of parking violation or, if the issuing 92 — 25 — AB 1082
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 28, Packet Page 91 line 1 agency has contracted with a processing agency, shall notify the line 2 processing agency to cancel the notice of parking violation pursuant line 3 to subdivision (a) of Section 40215. The reason for the cancellation line 4 shall be set forth in writing.
line 5 If, after a copy of the notice of parking violation is attached to line 6 the vehicle, the issuing officer determines that there is incorrect line 7 data on the notice, including, but not limited to, the date or time, line 8 the issuing officer may indicate in writing, on a form attached to line 9 the original notice, the necessary correction to allow for the timely line 10 entry of the notice on the processing agency’s data system. A copy line 11 of the correction shall be mailed to the registered owner of the line 12 vehicle.
line 13 (f)  Under no circumstances shall a personal relationship with line 14 any officer, public official, or law enforcement agency be grounds line 15 for cancellation.
line 16 SEC. 10. Section 40203.5 of the Vehicle Code is amended to line 17 read:
line 18 40203.5. (a)  The schedule of parking penalties for parking line 19 violations and late payment penalties shall be established by the line 20 governing body of the jurisdiction where the notice of violation is line 21 issued. To the extent possible, issuing agencies within the same line 22 county shall standardize parking penalties.
line 23 (b)  Parking penalties under this article shall be collected as civil line 24 penalties.
line 25 (c)  (1)  Notwithstanding subdivision (a) the penalty for a line 26 violation of Section 22507.8 or an ordinance or resolution adopted line 27 pursuant to Section 22511.57 shall be not less than two hundred line 28 fifty dollars ($250) and not more than one thousand dollars line 29 ($1,000).
line 30 (2)  The issuing agency may suspend the imposition of the line 31 penalty in paragraph (1), if the violator, at the time of the offense, line 32 possesses but failed to display a valid special identification license line 33 plate issued pursuant to Section 5007 or a distinguishing placard line 34 issued pursuant to Section 22511.55 or 22511.59. line 35 (3)  A penalty imposed pursuant to this subdivision may be paid line 36 in installments, or be reduced or waived installments if the issuing line 37 agency determines that the violator is unable to pay the entire line 38 amount in one payment.
line 39 (4)  The issuing agency may reduce or waive a penalty imposed line 40 pursuant to this subdivision if the violator provides evidence 92 AB 1082 — 26 —
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 29, Packet Page 92 line 1 satisfactory to the issuing agency of an inability to pay the parking line 2 penalty in full.
line 3 SEC. 11. Section 40204 of the Vehicle Code is amended to line 4 read:
line 5 40204. (a)  If the parking penalty is received by the person line 6 authorized to receive the deposit of the parking penalty and there line 7 is no contest as to that parking violation, the proceedings under line 8 this article shall terminate.
line 9 (b)  The issuing agency may, consistent with the written line 10 guidelines established by the agency, allow the parking payment line 11 to be paid in installments, or be reduced or waived if the violator line 12 provides evidence satisfactory to the issuing agency of an inability line 13 to pay the parking penalty in full.
line 14 SEC. 12. Section 40206.5 of the Vehicle Code is amended to line 15 read:
line 16 40206.5. (a)  Within 15 days of a request, by mail or in person, line 17 the processing agency shall mail or otherwise provide to any person line 18 who has received a notice of delinquent parking violation, or their line 19 agent, a photostatic copy of the original notice of parking violation line 20 or an electronically produced facsimile of the original notice of line 21 parking violation. The issuing agency may charge a fee sufficient line 22 to recover the actual cost of providing the copy, not to exceed two line 23 dollars ($2). Until the issuing agency complies with a request for line 24 a copy of the original notice of parking violation, the processing line 25 agency may not proceed pursuant to Section 40220. line 26 (b)  If the description of the vehicle on the notice of parking line 27 violation does not substantially match the corresponding line 28 information on the registration card for that vehicle and the line 29 processing agency is satisfied that the vehicle has not been line 30 incorrectly described due to the intentional switching of license line 31 plates, the processing agency shall, on written request of the person line 32 cancel the notice of parking violation without the necessity of an line 33 appearance by that person.
line 34 (c)  For purposes of this section, a copy of the notice of parking line 35 violation may be a photostatic copy or an electronically produced line 36 facsimile.
line 37 SEC. 13. Section 40220 of the Vehicle Code is amended to line 38 read:
line 39 40220. (a)  Except as otherwise provided in Sections 40220.5, line 40 40221, and 40222, the processing agency may proceed under one 92 — 27 — AB 1082
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 30, Packet Page 93 line 1 of the following options in order to collect an unpaid parking line 2 penalty and related service fees:
line 3 (1)  (A)  File an itemization of unpaid parking penalties and line 4 related service fees with the department for collection with the line 5 registration of the vehicle pursuant to Section 4760. For unpaid line 6 parking penalties issued on and after July 1, 2018, and related line 7 service fees, the processing agency shall not file an itemization line 8 with the department unless all of the following conditions have line 9 been satisfied:
line 10 (i)  The processing agency provides a payment plan option for line 11 low-income persons that, at a minimum, does all of the following:
line 12 (I)  Allows payment of unpaid parking penalties and related line 13 service fees in monthly installments of no more than twenty-five line 14 dollars ($25) and reduces the total amount due so that it may be line 15 paid off within 24 months. There shall be no prepayment penalty line 16 for paying off the balance prior to the payment period expiring. line 17 (II)  Waives all late fees and penalty assessments, exclusive of line 18 any state surcharges described in Sections 70372, 76000, and line 19 76000.3 of the Government Code, if a low-income person enrolls line 20 in the payment plan. Waived late fees and penalty assessments line 21 may be reinstated if the person falls out of compliance with the line 22 payment plan.
line 23 (III)  Limits the processing fee to participate in a payment plan line 24 to five dollars ($5) or less for low-income persons. The processing line 25 fee for a low-income person may be added to the payment plan line 26 amount, at the discretion of the low-income person. line 27 (IV)  Does not set a deadline following the issuance of a parking line 28 ticket for a person to file a request to participate in a payment plan. line 29 (V)  Allows for automatic payments.
line 30 (ii)  The processing agency provides a process to waive an unpaid line 31 parking penalty, including a service fee or late fee, for a vehicle line 32 if the registered owner was in custody in a juvenile facility, county line 33 jail, or state prison when the penalty was pending. line 34 (iii)  The processing agency provides a payment plan option for line 35 a person who does not qualify as low income that does all of the line 36 following:
line 37 (I)  Allows payment of an unpaid parking penalty and related line 38 service fees in monthly installments over a period of at least 12 line 39 months. There shall be no prepayment penalty for paying off the line 40 balance prior to the payment period expiring.
92 AB 1082 — 28 —
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 31, Packet Page 94 line 1 (II)  Allows for automatic payments.
line 2 (III)  Limits the processing fee to participate in the payment plan line 3 to twenty-five dollars ($25) or less.
line 4 (IV)  Does not set a deadline following the issuance of a parking line 5 ticket for a person to file a request to participate in a payment plan. line 6 (iv)  Sixty days before filing the itemization with the department, line 7 the processing agency mails a courtesy warning notice to the line 8 registered vehicle owner that contains the information in clauses line 9 (v) and (vi).
line 10 (v)  The processing agency includes all of the following line 11 information in the notice of parking violation:
line 12 (I)  The availability of the payment plans described in clauses line 13 (i) and (iii).
line 14 (II)  An internet website link and telephone number that provide line 15 more information about the payment plans.
line 16 (vi)  The processing agency, at a clear and easily accessible line 17 location on its internet website and in the same manner as it line 18 generally provides information and instructions on the payment line 19 of a parking citation, including at an in-person payment counter line 20 or a telephone recording, includes all of the following information line 21 on its internet website:
line 22 (I)  The availability of payment plans described in clauses (i) line 23 and (iii) and a description of those plans that includes the statutory line 24 requirements to qualify for each plan.
line 25 (II)  Clear language about how the person can request an line 26 indigency determination and what that determination will entail. line 27 (III)  Clear language about how the person can request a waiver line 28 of unpaid parking penalties under clause (ii) and what that process line 29 will entail.
line 30 (IV)  A telephone number that provides more information about line 31 the payment plans.
line 32 (B)  The processing agency shall allow a low-income person line 33 who falls out of compliance with the payment plan at least four line 34 extensions of 45 calendar days from the date the payment plan line 35 becomes delinquent to resume payments before the processing line 36 agency may file an itemization of unpaid parking penalties and line 37 related service fees with the department pursuant to subparagraph line 38 (A). The processing agency shall allow a non-low-income person line 39 who falls out of compliance with the payment plan a one-time line 40 extension of 45 calendar days from the date the payment plan 92 — 29 — AB 1082
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 32, Packet Page 95 line 1 becomes delinquent to resume payments before the processing line 2 agency may file an itemization of unpaid parking penalties and line 3 related service fees with the department pursuant to subparagraph line 4 (A).
line 5 (C)  The processing agency shall rescind the filing of an line 6 itemization of unpaid parking penalties and related service fees line 7 with the department if the registered owner or lessee enrolls in a line 8 payment plan and pays a late fee of no more than five dollars ($5). line 9 (D)  (i)  Each California State University and community college line 10 district governing board shall adopt a parking citation payment line 11 plan for persons with multiple unpaid parking citations. A parking line 12 citation payment policy adopted under this subparagraph shall line 13 include, but not be limited to, all of the following requirements:
line 14 (I)  Late fees shall be placed in abeyance while the payment plan line 15 is in place and the person adheres to its terms, and shall be waived line 16 once the payment plan is completed.
line 17 (II)  Once the payment plan is in place and the person adheres line 18 to its terms, an itemization of unpaid parking penalties and service line 19 fees as described in subparagraph (A) shall not be filed with the line 20 department.
line 21 (III)  Each California State University and community college line 22 district campus shall post the parking citation payment policy on line 23 its internet website for students’ awareness and access. line 24 (ii)  A California State University or community college district line 25 governing board that fails to implement a parking citation payment line 26 plan pursuant to clause (i) shall implement the payment plan as line 27 provided in subparagraphs (A) to (C), inclusive, and subdivision line 28 (c).
line 29 (2)   (A)  If more than four hundred dollars ($400) in unpaid line 30 penalties and fees have been accrued by a person or registered line 31 owner, proof thereof may be filed with the court and shall have line 32 the same effect as a civil judgment. Execution may be levied and line 33 other measures may be taken for the collection of the judgment as line 34 are authorized for the collection of an unpaid civil judgment entered line 35 against a defendant in an action on a debtor. The court may assess line 36 costs against a judgment debtor to be paid upon satisfaction of the line 37 judgment. The processing agency shall send a notice by first-class line 38 mail to the person or registered owner indicating that a judgment line 39 shall be entered for the unpaid penalties, fees, and costs and that, line 40 after 21 calendar days from the date of the mailing of the notice, 92 AB 1082 — 30 —
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 33, Packet Page 96 line 1 the judgment shall have the same effect as an entry of judgment line 2 against a judgment debtor. The person or registered owner shall line 3 also be notified at that time that execution may be levied against line 4 their assets, liens may be placed against their property, their wages line 5 may be garnished, and other steps may be taken to satisfy the line 6 judgment. If a judgment is rendered for the processing agency, the line 7 processing agency may contract with a collection agency to collect line 8 the amount of the judgment.
line 9 (B)  Notwithstanding any other law, the processing agency shall line 10 pay the established first paper civil filing fee at the time an entry line 11 of civil judgment is requested.
line 12 (3)  If the registration of the vehicle has not been renewed for line 13 60 days beyond the renewal date, and the citation has not been line 14 collected by the department pursuant to Section 4760, file proof line 15 of unpaid penalties and fees with the court with the same effect as line 16 a civil judgment as provided in paragraph (2).
line 17 (b)  This section does not apply to a registered owner of a vehicle line 18 if the citation was issued prior to the registered owner taking line 19 possession of the vehicle, and the department has notified the line 20 processing agency pursuant to Section 4764.
line 21 (c)  (1)  For purposes of paragraph (1) of subdivision (a), a person line 22 is “low income” if any of the following conditions is met:
line 23 (A)  The person has a monthly income 300 percent or less of the line 24 current poverty guidelines updated periodically in the Federal line 25 Register by the United States Department of Health and Human line 26 Services under the authority of paragraph (2) of Section 9902 of line 27 Title 42 of the United States Code.
line 28 (B)  The person receives public benefits from a program listed line 29 in subdivision (a) of Section 68632 of the Government Code. line 30 (2)  The person may demonstrate that the person is low income line 31 by providing either of the following information, as applicable:
line 32 (A)  Proof of income from a pay stub or another form of proof line 33 of earnings, such as a bank statement, that shows that the person line 34 meets the income criteria set forth in subdivision (b) of Section line 35 68632 of the Government Code, subject to review and approval line 36 by the processing agency or its designee. The processing agency line 37 or its designee shall not unreasonably withhold its approval. line 38 (B)  Proof of receipt of benefits under the programs described line 39 in subparagraph (B) of paragraph (1), including, but not limited line 40 to, an electronic benefits transfer card or another card, subject to 92 — 31 — AB 1082
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 34, Packet Page 97 line 1 review and approval by the processing agency. The processing line 2 agency or its designee shall not unreasonably withhold its approval. line 3 (3)  If a person’s low-income status is found to have been line 4 willfully fraudulent, the person’s penalties and fees reduction shall line 5 be overturned and the full amount of penalties and fees shall be line 6 restored.
line 7 SEC. 14. Section 40261 of the Vehicle Code is amended to line 8 read:
line 9 40261. (a)  Within 10 days from the mailing of a notice of line 10 delinquent toll evasion violation, any person or their agent, may line 11 request by mail or in person a photostatic copy or an electronically line 12 produced facsimile of the original notice of toll evasion violation. line 13 The issuing agency may charge a fee sufficient to recover the actual line 14 cost of providing the copy, not to exceed two dollars ($2). Within line 15 15 days of the request, the processing agency shall mail or line 16 otherwise provide the copy. Until the issuing agency complies line 17 with a request for a copy of the original notice of toll evasion line 18 violation, the processing agency may not proceed pursuant to line 19 Section 40267.
line 20 (b)  If the description of the vehicle on the notice of toll evasion line 21 violation does not match the department’s corresponding vehicle line 22 registration record, the processing agency may, on written request line 23 of the person, cancel the notice of toll evasion violation without line 24 the necessity of an appearance by that person.
line 25 SEC. 15. Section 6.5 of this bill incorporates amendments to line 26 Section 22651 of the Vehicle Code proposed by both this bill and line 27 Assembly Bill 1978. That section of this bill shall only become line 28 operative if (1) both bills are enacted and become effective on or line 29 before January 1, 2025, (2) each bill amends Section 22651 of the line 30 Vehicle Code, and (3) this bill is enacted after Assembly Bill 1978, line 31 in which case Section 6 of this bill shall not become operative.

O
92 AB 1082 — 32 —
ATTACHMENT 1
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 35, Packet Page 98

SENATE RULES COMMITTEE
Office of Senate Floor Analyses
(916) 651-1520 Fax: (916) 327-4478
AB 1082

THIRD READING
Bill No: AB 1082
Author: Kalra (D), et al.

Amended: 8/23/24 in Senate
Vote: 21
SENATE TRANSPORTATION COMMITTEE: 10-3, 6/27/23
AYES: Gonzalez, Allen, Archuleta, Becker, Blakespear, Cortese, Dodd, Limón, McGuire, Wahab
NOES: Niello, Nguyen, Seyarto
NO VOTE RECORDED: Dahle, Newman, Umberg
SENATE PUBLIC SAFETY COMMITTEE: 3-1, 7/11/23
AYES: Bradford, Skinner, Wiener
NOES: Ochoa Bogh
NO VOTE RECORDED: Wahab
ASSEMBLY FLOOR: 47-14, 5/31/23 - See last page for vote SUBJECT: Authority to remove vehicles
SOURCE: End Poverty in California
FreeFrom, Lawyers' Committee for Civil Rights
Western Center on Law and Poverty
DIGEST: This bill removes the authority of a peace officer or public employee to tow or immobilize a vehicle for having five or more unpaid parking or traffic tickets to only apply to higher education institutions. This bill also reforms requirements on processing agencies to offer payment plans for parking tickets in order to use the Department of Motor Vehicles for collection purposes. This bill authorizes issuing agencies for parking violations to reduce or waive parking penalties if they determine the violator is unable to pay the entire amount.

Senate Floor Amendments of 8/23/2024 make technical clarifying changes and address chaptering conflicts with AB 1978.

ATTACHMENT 2
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 36, Packet Page 99 AB 1082

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ANALYSIS:

Existing law:
1) Authorizes a peace officer or other traffic enforcer of a local jurisdiction to remove or immobilize a vehicle if it has five or more unpaid parking or traffic tickets. (Vehicle Coded Section (VEH) §22651 and §22651.7) 2) Authorizes law enforcement officers to remove a vehicle if they are unable to release the vehicle to the registered owner or a driver authorized by that owner after a traffic stop or a sobriety checkpoint. (VEH §2810.2 and §2814.2) 3) Authorizes a peace officer or other traffic enforcer of a local jurisdiction to remove a vehicle in many circumstances, including if a vehicle is parked on the highway so as to obstruct traffic or creates a hazard. (VEH §22651) 4) Authorizes the impounding of vehicles for unpaid traffic or parking tickets until the owner provides proof of payment of the tickets and authorizes the lien sale of impounded vehicles should payments not be made in a specified time. (VEH §22651)
5) Authorizes the Department of Motor Vehicles (DMV) to refuse to renew the registration of a vehicle if the owner or lessee has not paid parking penalties and administrative fees (VEH §47600)
6) Provides several options to processing agencies collecting unpaid parking tickets, including filing an itemization of unpaid parking penalties and service fees with the DMV for collection with registration, so long as the agency provides options to indigent persons including a payment plan with $25 monthly installments, waiving late fees and penalty assessments, and limiting processing fees (VEH §40220)
7) Defines “indigent” for the purposes of this payment program to mean anyone who meets the income requirements for, or is currently on, Supplemental Security Income, Supplemental nutrition Assistance Program, Medi-Cal, or In Home Support Services.
8) Requires processing agencies to rescind a filing of itemization of penalties and fees for an indigent person for one time only, if they enroll in a payment plan ATTACHMENT 2
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 37, Packet Page 100 AB 1082

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and pay a late fee of no more than $5.
9) Requires processing agencies to allow a registered owner or lessee who falls out of compliance with a payment plan a one-time extension of 45 days from the date the plan becomes delinquent to resume payments before filing an itemization of unpaid penalties and service fees with the DMV. 10) Authorizes an issuing agency or officer to cancel the notice of parking violation within 21 days after the notice is attached to the vehicle, if they determine doing so would be in the interest of justice. 11) Allows parking penalties to be paid in installments in an issuing agency determines that the violator is unable to pay the entire amount in one payment. (VEH §40203.5)
12) Authorizes issuing agencies to, consistent with their written guidelines, allow the payment of parking penalties in installments if the violator provides evidence satisfactory to the agency of an inability to pay the parking penalty in full. (VEH §40204)
This bill:
1) Defines, for the purposes of this legislation, “low-income” to mean a person who has a monthly income 300 percent or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services.
2) Removes the authority a peace officer or other traffic enforcer to remove or immobilize vehicles due to having five or more parking or traffic violations. 3) Removes related authorizations regarding notice requirements and lien sales related to vehicles impounded for unpaid parking. Allows all local authorities to conduct lien sales of vehicles by impounded prior to January 1, 2025. 4) Modifies the requirements for processing agencies to be able to use the DMV for collection purposes requiring the agencies to:
a) Eliminate the current $500 cap on the total amount of unpaid penalties the agency must offer installment payment plans to low-income persons; ATTACHMENT 2
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 38, Packet Page 101 AB 1082

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b) Provide a process to waive an unpaid parking penalty or related fee for a vehicle if the registered owner is low-income and was in custody when the penalty was pending;
c) Offer a payment plan option for non-low-income persons that allows payment of an unpaid parking penalty and related fees in monthly installments over at least 12 months;
d) Allow for automatic payments in the payment plans;
e) Set no deadline following issuance of a parking ticket to request to participate in the payment plan.
f) Mail courtesy warnings sixty days prior to filing itemization with the DMV for collection. This warning shall include information about the availability of payment plans and a website link and telephone number that provides more information about the plans;
g) Provide on its website information on the availability and eligibility requirements of payment plans, how to request an indigency determination, and how to request a waiver of unpaid parking penalties; 5) Requires processing agencies to allow a low-income person who falls out of compliance with a payment plan at least four extensions of 45 days to resume payments before filing an itemization of unpaid penalties with the DMV. 6) Requires processing agencies to rescind the filing of an itemization of unpaid parking penalties and related fees an unlimited number of times if the registered owner or lessee enrolls in a payment plan and pays a late fee of at most $5.
13) Authorizes an issuing agency or officer to cancel the notice of parking violation if they determine doing so would be in the interest of justice, regardless of when after the notice is attached to the vehicle. 14) Allows parking penalties to be reduced or waived if the issuing agency determines that the violator is unable to pay the entire amount in one payment. 15) Allows issuing agencies to reduce or waive parking penalties if the violator provides evidence satisfactory to the issuing agency of an inability to pay the parking penalty in full.
16) Includes provisions to prevent chaptering conflicts with AB 1978.

ATTACHMENT 2
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 39, Packet Page 102 AB 1082

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Comments
1) Purpose of bill. According to the author, “California has been a national leader in ending policies that disproportionately punish people experiencing poverty, recognizing that these laws do not make individuals more likely to pay but instead trap them in debt and create barriers to financial stability. Vehicle tows and immobilizations result in snowballing consequences that threaten people’s stability and well-being, as well as undermine our state’s economic equity goals. AB 1082 will help cities actually collect unpaid ticket fees and allow California to continue leading the way in ending poverty tows so that working families can continue to drive to work, pay their rent and bills, and provide for their families.”
2) Paying for parking. In dense, urban environments, space is one of the most valuable resources. In order to support a transportation system largely designed for cars, cities have traditionally tried to devote a significant portion of space to parking. Giving the high value of this space, cities need mechanisms to make sure those spaces are being used effectively. Cities will often meter valuable spaces in order to incentivize shorter trips and discourage congestion.

Illegal on-street parking can increase travel time and congestion. Cities use parking tickets today to reduce congestion in downtown areas, ensure local residents have a place to park, enable people to park near retail stores for a limited period of time, to prevent individuals from parking in spaces for emergency vehicles, keep open spots for people with disabilities, and ensure that non electric vehicles are not parking in spots meant for electric vehicles to charge.
3) Parking enforcement. If a vehicle consistently violates parking laws California law authorizes local enforcers to immobilize, tow, or eventually impound the vehicle. If the vehicle remains unclaimed and no payment plan is entered into local agencies may perform a lien sale to recoup costs of towing and storing. If a vehicle is not removed but has outstanding parking violations an authority may also use the DMV to collect the delinquent penalties at the time of the vehicles next registration. In order to do this the authority must comply with several rules regarding offering payment plan options for the penalties, including options for indigent people that carry no late fees. According to the DMV there are currently 692 parking agencies that may report tickets to DMV for collection with the annual registration renewal. Using a 5-year average, DMV estimates it has received approximately 1.8 million parking tickets annually. Approximately 30-40% of the parking tickets reported to DMV ATTACHMENT 2
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annually are collected by DMV during the registration renewal, as people may instead pay the parking agency directly. The DMV collected approximately $81.7 million in total parking citation bail in FY 2021/22.

Research shows that removal and impoundment of a vehicle is an effective deterrent to illegal behavior. According to the Center for Disease Control, several studies indicate that impounding a vehicle reduces rates of recidivism for driving under the influence. By removing local parking agencies’ ability to tow or immobilize a vehicle, this bill limits local jurisdictions’ ability to effectively manage valuable parking space. In particular, this bill will make it impossible to enforce payment of tickets on out-of-state vehicles.

However, while removal and impoundment may be effective deterrents they often can be costly. Owners are more likely to abandon vehicles with a lower resale value so towing and storage fees can be greater than the city can recoup through a lien sale. According to the Auditor of the City of San Diego, found the city’s towing program cost the city about $1.5 million dollars a year. They also found that 27 percent of all tows resulted in a lien sale, leading to unrecoverable costs.
4) Towed into debt: How Towing Practices in California Punish Poor People. A report published in 2019 by 17 legal services, public interest law, and public policy and advocacy groups notes how California’s cities attempts to regulate parking have resulted in disproportionate punishments for low income individuals. Based on an analysis of eight California cities, the report estimated that one fourth of all tows conducted are because the owner had unpaid parking or traffic tickets, lapsed registration, or for being parked in one place for 72 hours. Vehicles towed for these reasons are 2 to 6 times more likely to be sold at a lien sale than the average towed cars. The report noted that 50% of the vehicles towed in San Francisco for unpaid parking tickets and 57% of the vehicles towed for lapsed registration were sold by the tow companies, compared to only 9% of other vehicles that were towed for other reasons.

Recovering a vehicle after it has been towed is expensive. Towed into Debt notes that the average tow fee in California at the time the report was published was $189, with a $53 storage fee per day and a $150 administrative fee. After three days of storage, a towing fee could come out to $499. For low-income individuals, fees accumulating on top of one another can create a cycle of debt where they are unable to pay back parking fines, and then receive additional fines for driving an unregistered vehicle and an increased vehicle registration ATTACHMENT 2
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 41, Packet Page 104 AB 1082

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fee for late payments. If their vehicle is then towed and impounded they likely will not be able to recover their vehicle, which may serve as their home or as an important resource for pursuing a job.

In recognition that these rates have the greatest negative impact on low-income individuals, some localities have considered payment alternatives. For example, the City of San Francisco in 2018 implemented a payment installment plan and certain fee waivers for qualified low-income individuals.

The Legislature has also taken action. In 2015, SB 405 (Hertzberg, Chapter 385, Statutes of 2015) eliminated the requirement to pay all penalties and fines for certain traffic violations up front and allowed an individual to schedule a court hearing prior to payment. In 2017, AB 503, Lackey, (Chapter 741, Statutes of 2017) gave indigent persons the opportunity to pay down unpaid parking citations through an installment plan.
5) Payment plans with no cap. Currently if an authority wishes to use the DMV to collect delinquent parking fees they must offer a payment plan total penalties up to $500 for indigent persons in monthly installments of no more than $25 over a period of 24 months. This bill would expand the requirement to offer a payment plan to all individuals and expands the income threshold to qualify for low-income payment plans. For low-income people this bill would remove the $500 cap the payment plan must apply to, but retain the requirement of $25 monthly installments over a maximum of 24 months. In effect, this will cap the amount of fees a processing agency can claim from a low-income person at $600 – twenty-four payments of $25.

For any low-income person this is a substantial sum, likely to disincentive receiving so many tickets. However, the cost of parking can be quite expensive in major cities. For example, parking meters in downtown San Francisco generally range from $2-$6 an hour and offer daily maximum rates of $29. If fortunate someone may be able to find a cheaper lot – a quick internet search provides options as around $340 a month, making the cost of paying for parking in the city for two months $680. Under the provisions of this bill, the maximum fees that could be collected for parking tickets from an indigent person would be $600, making it cheaper to accrue tickets than pay for parking.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee, “Unknown, potentially significant reduction in state and local parking citation revenues related to the ATTACHMENT 2
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 42, Packet Page 105 AB 1082

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expansion of eligibility for a waiver of all late fees and penalty assessments for low-income persons with monthly income 300% or less of the federal poverty level (rather than 200%) that enter into payment plans. Revenue reductions could be partially mitigated by some revenue gains for partial payments on debt that may not have otherwise been paid. To the extent the bill removes towing and immobilization of a vehicle as a deterrent and collection tool for delinquent tickets, there would be additional state and local revenue losses. (local funds, State University Parking Revenue Fund, other funds administered by state institutions of higher education)”
SUPPORT: (Verified 8/16/24)
ACLU California Action
All Home
Alliance for Boys and Men of Color
Asian Americans Advancing Justice-southern California
Bay Area Legal Aid
California for Safety and Justice
California Partnership to End Domestic Violence
Center for Responsible Lending
Communities United for Restorative Youth Justice
Community Legal Services in East Palo Alto
Courage California
East Bay Community Law Center
End Poverty in California
Equal Rights Advocates
Family Violence Appellate Project
Freefrom
Friends Committee on Legislation of California
Futures Without Violence
Housing and Economic Rights Advocates
Housing California
Indivisible CA Statestrong
Lawyers' Committee for Civil Rights of The San Francisco Bay Area Legal Aid Foundation of Los Angeles
Legal Aid of Marin
National Lawyers Guild San Francisco Bay Area Chapter
Neighborhood Legal Services of Los Angeles County
Public Counsel
Sister Warriors Freedom Coalition
Smart Justice California
ATTACHMENT 2
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 43, Packet Page 106 AB 1082

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Techequity Collaborative
Voices for Progress Education Fund
Western Center on Law & Poverty, INC.

Women's Foundation California
OPPOSITION: (Verified 8/16/24)
California Downtown Association
California Mobility and Parking Association
California Police Chiefs Association
California State Sheriffs' Association
City of Anaheim
City of Chino Hills
City of Newport Beach
City of Oceanside
City of Pasadena
City of Santa Monica
Peace Officers Research Association of California
ARGUMENTS IN SUPPORT: According to the End Poverty in California, cosponsors of the bill “Every year in California, tens of thousands of drivers get their cars towed because they can’t afford to pay their parking tickets. For low income and working households, the towing of a vehicle is often catastrophic. For many, a tow means total loss of their car because the tow and ticket fees are more than they can afford - and often more than what their car is worth. When people lose their cars, they often lose their biggest personal asset, their ability to get to work, and their ability to meet their basic needs like grocery shopping, taking children to school, or going to medical appointments. AB 1082 will prohibit towing or immobilizing a vehicle due to unpaid parking tickets, increase the number of unpaid tickets from one to eight before the DMV can place a registration hold, and improve the guidelines for parking ticket payment programs. These changes together will help cities actually collect unpaid ticket fees and help working families continue to drive to work, pay their rent and bills, and provide for their families. Moreover, by deprioritizing the enforcement of “quality of life” crimes that make it harder for individuals and families to get ahead, we believe that we can help increase low-income families' financial stability” ARGUMENTS IN OPPOSITION: According to the California Mobility and Parking Association, “Assembly Bill 1082 would eliminate a number of parking enforcement programs’ methods to gain compliance in order to effectively manage our curb space throughout our jurisdictions. It would eliminate our ability to ATTACHMENT 2
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immobilize or impound vehicles with five or more past due citations, and prohibit the DMV from holding a vehicle’s registration unless the vehicle had 8 or more unpaid parking violations. The proposed legislation also would extend the starting eligibility for a vehicle with an expired registration to be impounded from 6 months to 1 year. Additionally, the legislation would make a host of changes to the established state mandated indigent payment plan program, including removing the deadline to apply for a payment plan, reducing penalties, allowing violators at least 4 extensions if they fall out of compliance, and requiring a payment plan option for individuals who do not qualify as indigent.”
ASSEMBLY FLOOR: 47-14, 5/31/23
AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Haney, Hart, Holden, Irwin, Jackson, JonesSawyer, Kalra, Lee, Low, Lowenthal, McCarty, McKinnor, Stephanie Nguyen, Ortega, Papan, Pellerin, Reyes, Luz Rivas, Robert Rivas, Santiago, Schiavo, Ting, Villapudua, Ward, Weber, Wicks, Wilson, Zbur, Rendon NOES: Alanis, Chen, Megan Dahle, Davies, Dixon, Essayli, Flora, Vince Fong, Gallagher, Mathis, Jim Patterson, Joe Patterson, Sanchez, Waldron NO VOTE RECORDED: Bauer-Kahan, Bennett, Calderon, Grayson, Hoover, Lackey, Maienschein, Muratsuchi, Pacheco, Petrie-Norris, Quirk-Silva, Ramos, Rodriguez, Blanca Rubio, Soria, Ta, Valencia, Wallis, Wood Prepared by: Jacob O'Connor / TRANS. / (916) 651-4121
8/25/24 12:49:22
**** END ****
ATTACHMENT 2
Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 45, Packet Page 108 ATTACHMENT 3
August 26, 2024
The Honorable John Laird
California State Senate
1021 O Street, Suite 8720
Sacramento, CA 95814
Re: AB 1082 Vehicles: Abandonment Removal Notice of OPPOSITION (As amended 08/23/2024)
Via e-mail
Dear Senator Laird:

The City of Monterey submits this letter to express its strong opposition to Assembly Bill 1082.

The bill fails to take into account local needs and promotes misuse of our public spaces by removing effective enforcement tools. Addressing persistent parking violations will become increasingly difficult without an effective means or actionable deterrent. We urge you to reject this bill to protect our community’s ability to manage parking effectively.

Following the Superior Court ruling in Coalition on Homelessness v. City and County of San Francisco (2023) 93 Cal. App.5th 928, which required parking agencies to obtain a judicial warrant before towing vehicles solely on accrual of excessive unpaid parking tickets, agencies have complied by seeking proper legal authorization. However, AB 1082 would eliminate Section 22651(i) from the California Vehicle Code, removing the ability for agencies to obtain a warrant for towing such vehicles. This would strip agencies of a crucial enforcement tool.

In addition, the court decision did not address the authority to immobilize (or “boot”) noncompliant vehicles. AB 1082 would also revoke this authority, leaving municipalities without effective recourse for dealing with persistent parking violations. As a result, agencies would have to rely solely on DMV intervention, such as refusing to renew registration until fines are paid or a payment plan is arranged.

AB 1082 would eliminate local ability to enforce parking on “out of state” plates:

Directly related to the above, the bill removes the option for local parking enforcement to immobilize or tow a vehicle under any circumstances, and considering out-of-state drivers don’t pay vehicle registration in California, AB 1082 removes the ability to effectively enforce parking regulations.

This bill proposes changes to the current indigent payment plan by capping the total of fees and fines at $600, payable over two years. This means that a qualifying vehicle owner could potentially disregard all parking regulations for two years while paying $25 per month, thus creating a financial incentive for drivers to disobey the law.

Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 46, Packet Page 109 ATTACHMENT 3
In high-demand areas, this would essentially create a $300 annual parking pass for unlimited violations, including unauthorized parking in disabled spaces without a valid placard. Currently the indigent payment plan allows vehicle owners to enroll and actively participate in a payment plan to release the registration hold, providing balanced approach to managing unpaid fines.

In a high-profile tourist destination such as Monterey, AB 1082 introduces drawbacks to our City that has a high volume of out of state visitors and military personnel with non-California plates, The bill’s removal of the authority to immobilize or tow vehicles with unpaid tickets would hinder effective parking enforcement. This issue would be exacerbated during large events and peak tourist seasons when violations are more frequent and parking access is limited, particularly for disabled spaces.

Unfortunately, the approach in AB 1082 removes one of the few remaining tools cities have to enforce their streets by rewarding people who fail to pay their parking tickets.

For all of the above reasons, the City of Monterey respectfully must oppose AB 1082 (Kalra).

Respectfully,
Tyller Willamson
Mayor

Cc: The Honorable Ash Kalra
Members, Senate Committee on Appropriations
The Honorable Dawn Addis, Assemblymember, District 30
Deanna Sessums, Regional Public Affairs Manager, League of California Cities League of California Cities (via email: [email protected]) Council Regular Meeting, 9/3/2024, Item No. 8., Item Page 47, Packet Page 110 Council
Agenda Report
FROM: Karen Larson, Parks & Recreation Director
Prepared By: Vickie Rahman, Management Analyst
SUBJECT: Amend Resolution 19-023 to Update the Special Event Support Program Guidelines (Not a project under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council amend Resolution 19-023 to authorize changes to the Special Event Support Program (SESP) Guidelines.

VALUE DRIVERS:

In collaboration with our community partners, work to improve the quality of life of all of our community members by fostering diversity, equity, and inclusion; championing equitable access to affordable housing; and maintaining a safe environment. The Council also is committed to ensuring that Monterey is a safe, affordable, and inclusive place to live, work, and visit.

POLICY IMPLICATIONS:

None. This action is consistent with the Council’s commitment to ensuring that Monterey is a safe, affordable, and inclusive place to live, work, and visit by supporting community partnerships that may result from special events in the City of Monterey, including community identity, civic pride, and economic vitality.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

There is no direct fiscal impact by authorizing the proposed changes to the SESP guidelines.

The overall funding level for this program will be brought to the Council as part of the budget process. Additionally, the allocation of funding for this program will be brought to Council as a separate action.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 9/3/2024, Item No. 9., Item Page 1, Packet Page 111 №10/24
activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The Council could choose to deny the request and keep the current guidelines in place. This is not recommended as these updates provide clarification on application criteria and streamline program administration.

DISCUSSION:

The Special Event Support Program was established and approved by the Council on July 21, 2015, to assist organizations with fees associated with special events held in the City of Monterey.

Prior to the adoption of the program in 2015, the Council considered fee waivers for events and activities on a year-round request basis without a policy or criteria in place to guide the determination of whether to waive fees or staff costs. Therefore, any action by the City Council to grant or deny the requests could have been challenged as unconstitutional.

Now, with a policy in place, the decision to grant funds to organizations for special events ensures such decisions are not arbitrary or discriminatory. Rather, the decision to grant funds is an exercise of the City’s free speech rights. In 2015, staff researched best practices for City promotional grant programs and developed a formal and competitive process for awarding funds, with the following goals:
 Community & Charitable – Serve or benefit locally-based organizations and causes, and call attention to, promote and/or provide recreational, cultural, social benefits to Monterey residents. City of Monterey-based organizations and events that serve the City of Monterey community specifically receive priority in funding  Signature Events – Large-scale events, based in the City of Monterey, that call attention to and promote the City regionally, attract visitors as well as residents, and provide measurable economic benefits to the City of Monterey
Staff requests the Council’s approval to amend Resolution 19-023 to provide updates to applicant eligibility criteria.

The Special Event Support Program (SESP) Guidelines were revised and approved by the council on February 19, 2019. With this revision, there was a change to program evaluation criteria which focuses on overall benefits to the local community, youth, arts and culture, recreational activities, and education. Additionally, there was a change to include no term limits in which events are eligible to receive equal priority to receive funding. The changes proposed will help to clarify criteria and provide additional notice to applicants in consideration for SESP funding eligibility.

Council Regular Meeting, 9/3/2024, Item No. 9., Item Page 2, Packet Page 112 №10/24
Staff recommends the SESP guidelines be adjusted, including:
 Eligibility Criteria B
o This change would include any prior funding cycle, beyond only the prior year.  Eligibility Criteria H
o This change would provide more clarification to this criterion, so applicants have a better understanding of how to answer this question on the application.  Eligibility Criteria K
o This change would include both the organization and associated events.  Eligibility Criteria L
o This change would update the name of the agreement, update post-event reporting requirements, and include advertisement of sponsorship by the City of Monterey.
 Eligibility Criteria M
o This change would add information on the requirement to obtain a business license, if applicable, and provide a new Vendor Record Form to receive funding.

While this is not a new City requirement, this is being added to the SESP Guidelines, so applicants are given this information prior to applying.  Eligibility Criteria N
o This change would add information on the requirement to appear and provide a verbal presentation to the SESP panel. While this is not a new program requirement, this is being added to the SESP Guidelines, so applicants are given this information prior to applying.

It also updates ineligibility criteria to reflect that religious/sectarian organizations are not prohibited from applying for SESP funds as long as the event (1) serves a clearly secular public purpose; and (2) the event must have a primary effect that neither advances nor inhibits religion.

It also prohibits applicants that are involved in active litigation with the City and/or have active code enforcement violations.

The City recognizes the substantial community benefits that result from special events. They provide cultural enrichment, promote economic vitality, and enhance community identity. They also provide funding opportunities for service organizations. Cooperation between the City, event organizers and sponsors, and the community is vital to successful events. Therefore, staff recommends amending resolution 19-023 to update the Special Event Support Program Guidelines to clarify eligibility criteria and streamline administration of the program while also being fiscally responsible with public funds.

KL/vr
Attachments: 1. Resolution with Exhibit A (Proposed Special Event Support Program Guidelines)
Council Regular Meeting, 9/3/2024, Item No. 9., Item Page 3, Packet Page 113 №10/24
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, 9/3/2024, Item No. 9., Item Page 4, Packet Page 114 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№011/24
AMENDING RESOLUTION 19-023 TO UPDATE THE SPECIAL EVENT SUPPORT

PROGRAM GUIDELINES
WHEREAS, the City recognizes that substantial community benefits may result from special events in the City of Monterey as they can provide social, cultural, educational and recreational enrichment, promote economic vitality, community identity, and civic pride, and may also provide funding opportunities for service organizations; WHEREAS, the Special Event Support Program was first enacted with the adoption of Resolution 15-24. The current Special Event Support Program Guidelines were approved by the Council in February 2019 with Resolution 19-023;
WHEREAS, the proposed revisions in the Special Event Support Program Guidelines will allow the City of Monterey to promote special events in the City by providing assistance to cover city-related costs associated with holding an event in Monterey and also allowing the City to be fiscally responsible with public funds; and
WHEREAS, The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby adopts the SESP guidelines, as revised and attached hereto as Exhibit A, to update applicant eligibility criteria.

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:

Council Regular Meeting, 9/3/2024, Item No. 9., Item Page 5, Packet Page 115 APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 9/3/2024, Item No. 9., Item Page 6, Packet Page 116

EXHIBIT A

SPECIAL EVENTS SUPPORT PROGRAM GUIDELINES
The City of Monterey recognizes the social and economic benefits that may result from special events. They can provide cultural enrichment, promote economic vitality, and enhance community identity. Special events may also provide funding opportunities for service organizations. Cooperation between the City, event organizers and sponsors, and the community is vital to successful events.

Purpose:

A Special Event Support Program (SESP), funded annually through the City’s budget process, with clearly defined goals, criteria, and metrics, will result in a granting process that provides equal opportunity for all interested event organizers, and a reporting process that demonstrates transparency and accountability for public funds.

Overview:

Funding is subject to budget constraints. Based on the limited amount of funding available, applications will be reviewed in consideration of all application submissions, and the submission of a complete application does not guarantee funding. The City reserves the right to accept or reject any or all applications received. Successful applicants will receive grant funds at a set amount based on an evaluation of the event budget, the estimate of City fees, and the estimated economic benefit the event will bring to the City. Most successful applicants will receive an amount of grant funding that correlates to the amount of City fees the applicant is expected to pay. The City’s SESP provides financial support to two categories of special events held in the City:
• Charitable: Events held by non-profit organizations qualified under 501(c)(3) or (c)(6) of the Internal Revenue Code, including but not limited to a qualified educational institutions, that serve the City of Monterey community. • Community: Applicant does not need to maintain non-profit status for consideration of grant funding for this category of events that are free, open to the public, call attention to, promote and/or provide recreational, cultural, and/or social benefits to Monterey residents.

Council Regular Meeting, 9/3/2024, Item No. 9., Item Page 7, Packet Page 117

EXHIBIT A
I. ELIGIBILITY CRITERIA:

To be eligible to receive City of Monterey support, applicants must:

A. Submit a completed application by the deadline stated and in the format required.. Applications that are late, incomplete, or do not fully comply with the instructions will be disqualified and will not be considered.

B. Applicants that received grant funding in any prior funding cycles must have complied with all reporting requirements to be considered for future grants.

C. Include a copy of the complete event budget with an explanation of projected income and expenses.

D. Include proposed promotion/marketing plan and performance measures.

E. Include non-profit tax ID number if the event is organized by a non-profit.

F. Demonstrate that the special event will take place in the City of Monterey.

G. Demonstrate that the event is scheduled to take place between the Fiscal Year granting period (July 1 through June 30) and the date(s), time(s) and location within the City have been determined.

H. Demonstrate that the event will take place without consideration of SESP funding and that the event is not financially dependent upon receiving City of Monterey financial support.

I. State that the applicant has no outstanding debt due to the City of Monterey at the time of the application.

J. Agree that the event will be compliant with the Americans with Disability Act and be accessible to the community/public but need not be free of charge.

K. Acknowledge that participation in the organization and event requesting funding not be predicated on a person’s race, color, religion, ethnicity, national origin, age, sex, sexual orientation, marital status, political affiliation, disability or medical condition.

L. Agree to sign a funding agreement, within 14 days of receipt, if funding is awarded. The funding agreement requires event organizers to submit a post-event report within 60 days of their event and outlines measurable objectives and performance measures for evaluating the event’s marketing and economic impact, and the City’s right to audit records that evidence such performance measures. Additionally, the funding agreement requires the organization to post a sign at their event with the City logo, indicating: “This event is funded in part by a grant from the City of Monterey.”
M. Obtain a Business License for the event if required by the Finance Department and provide a new Vendor Record Form
N. Qualified applicants or their designee are required to attend an interview with the SESP panel. The interview consists of a verbal presentation from the applicant and responses to panelist questions. Applicants will be notified of the date and time for the presentations.

Council Regular Meeting, 9/3/2024, Item No. 9., Item Page 8, Packet Page 118

EXHIBIT A
II. INELIGIBILITY:

The City of Monterey will not provide support to:

A. Individuals.

B. Organizations or programs whose primary purpose is to act on behalf of, in support of, or in opposition to any political candidate, ballot measure, or political position.

C. Events that serve a religious purpose. Note: religious or sectarian organizations are not excluded from consideration; however, the event must: (1) serve a clearly secular public purpose; and (2) the event must have a primary effect that neither advances nor inhibits religion.

D. Event organizers and organizations that have not fulfilled previous City sponsorship or special event obligations or have an outstanding debt to the City of Monterey at the time of the application period.

E. Invitation-only events that are not open to the general public.

F. Applicants involved in active litigation with the City and/or have active code enforcement violations.

III. EVALUATION CRITERIA:

Eligible applications will be reviewed and evaluated based on the following criteria:

A. The event directly or indirectly benefits the City of Monterey community by supporting its schools, cause-related or non-profit organizations; offering educational, cultural or arts experiences; or providing recreational or social activities.

B. The event benefits a City of Monterey or Monterey county-based nonprofit organization or City of Monterey community or neighborhood association/organization.

C. The event serves, involves, calls attention to and promotes the City of Monterey, its residents, youth, non-profits, schools and/or organizations.

D. The event enhances the quality of life within the City of Monterey with cultural, social, recreational or educational activities of interest to the community.

E. The event attracts visitors to the City of Monterey.

F. The quality of the promotion/marketing plan, budget and performance measures.

G. The event calls attention to and promotes the City of Monterey as a highly desirable place to live, visit, work, play and do business.

IV. OTHER REQUIREMENTS:

Successful applicants will be expected to follow the City’s separate Special Event Permit process and submit all necessary forms, insurance and fees as required.

Council Regular Meeting, 9/3/2024, Item No. 9., Item Page 9, Packet Page 119

EXHIBIT A
Applications that do not meet the requirements and are not submitted within the specified deadlines risk forfeiting their City Special Event support.

Should the event not be held, all grant money received from the SESP must be returned immediately.

V. FUNDING:

The City expects to receive more applications and/or requests for grant support amounts in excess of what it can provide. There is no guarantee that the City will be able to provide all, part, or any of the financial support requested by each applicant. Thus, applicants should not make commitments based on the expectation of receiving City support.

Recurring events do not automatically receive funding each year; event organizers of recurring events must apply each year to be considered.

NO LATE APPLICATIONS WILL BE ACCEPTED
Council Regular Meeting, 9/3/2024, Item No. 9., Item Page 10, Packet Page 120

Monterey City CouncilSeptember 3, 2024

Monterey City Council
September 3, 2024