Agenda packet — Monterey City Council, November 19, 2024

Council Chamber
580 Pacific St.

Monterey, California
City Council Agenda
Council Regular Meeting and
Closed Session
Tuesday, November 19, 2024
4:00 PM – 5:30 PM
7:00 PM – 11:00 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 11/19/2024 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

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

1. November 5, 2024 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
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.

2. Award a Job Order Contract in the Amount of $1,000,000.00 to A & B Fire Protection and Safety, Inc. for Citywide Fire Sprinkler Maintenance & Repair (Exempt from CEQA, Article 19, Section 15301, Class 1)

3. Adopt a Resolution Approving the Memorandum of Understanding between the City of Monterey and the Monterey Fire Chief Officers’ Association (MFCOA) 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)
Other

4. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 9 Wharf II (Sandbar & Grill); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Craig Ling; Under Negotiation: Price and Terms of Payment for Lease Extension (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)

5. Authorize Mayor Williamson to Sign the Sister City Protocol Agreement between City of Monterey and Kuşadası Municipality, Republic of Türkiye (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

6. Authorize a Letter in Support of Grant Funding for the SR 156 – Castroville Boulevard Interchange Project (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
11/19/2024 4:00:00 PM
3 7. Authorize Letter to the Monterey County Board of Supervisors in Response to the Notice of Preparation of a Draft Program Environmental Impact Report for the County of Monterey’s Sixth Cycle Housing Element (2023-2031) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) *** End of Consent Agenda ***

PUBLIC HEARING
Public Hearings are held to receive a staff presentation and public comment on certain items prior to City Council action. NOTICE CONCERNING YOUR LEGAL RIGHTS: If you challenge the City Council’s zoning, planning, or land use decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing on the matter, or in written correspondence delivered to the City at the time of or prior to the public hearing. (Government Code section 65009.)

8. Vacate a Portion of the Unimproved Right of Way on Manzanita Street at Johnson Street (Exempt from CEQA per Article 19, Section 15305, Class 5)

9. Open a Public Hearing to Receive Protests of Proposed Rates Effective January 1, 2025, for Residential and Commercial Solid Waste and Recyclables Collection and Adopt a Resolution Increasing Rates if a Majority Protest Does Not Exist (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) *** Adjourn to Closed Session ***
The City Council will take public comments on closed session items before convening to closed session.

CLOSED SESSION
Part or all of a meeting may be closed to the public under special conditions. Council can consider only matters covered in the agenda descriptions.

10. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: 9 Wharf II (Sandbar & Grill)
Agency Negotiators: Kimberly Cole and Janna Aldrete
Negotiating Parties: Craig Ling
Under Negotiation: Price and Terms of Payment for Lease Extension (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECESS

RECONVENE
*** Evening Session Agenda ***
7:00 - 11:00 p.m.

No discussion of a new item will be started after 10:30 p.m.

PLEDGE OF ALLEGIANCE

GENERAL PUBLIC COMMENTS CONTINUED
Any person who did not offer a general public comment in the afternoon session may speak to any item that is not on the agenda and that is in the City of Monterey’s subject matter jurisdiction.
11/19/2024 4:00:00 PM
4 ANNOUNCEMENTS FROM CLOSED SESSION

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

11. Adopt and Approve Funding for the Fiscal Year 2024/25 Neighborhood and Community Improvement Program ***NCIP*** (Exempt from CEQA per Article 19, Sections 15301, 15303, 15306, Classes 1, 3, and 6, and Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

CONSENT (EVENING)
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.

12. Authorize the Finance Director to Appropriate $210,000 from the Neighborhood and Community Improvement Program Ending Balance Account to the El Estero Park Center Playground Equipment Upgrade Project (Exempt from CEQA Article 19, Section 15301, Class 1, Existing Facilities) ***NCIP*** -- Continued from November 5, 2024

13. Receive Mayor’s Recommendation and Appoint Evens Lanot to the Neighborhood and Community Improvement Program Committee (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) – Continued from November 5, 2024
*** 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 11/19/2024 4:00:00 PM
5 the City Council. The City is committed to addressing language interpretation requests swiftly in order to maximize public participation.

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

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

Upcoming city meetings are listed at https://www.monterey.gov/agendas More information is available by calling (831) 646-3935

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF MONTEREY
Tuesday, November 5, 2024
4:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST.

MONTEREY, CALIFORNIA
Councilmembers

Present: Barber, Garcia, Haffa*, Smith, Williamson

Absent: None
* Attended remotely by teleconference pursuant to Gov. Code sec. 54953(f)(2)(A) for just cause
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Finance Director, Community Development Director, Police Chief, Fire Chief, Human Resources Director, Library & Museums Director, Public Works Director, City Clerk, Housing Manager, Planning Manager, Associate Planner, Harbormaster, Senior Administrative Analyst (Public Works), Deputy Public Works Director/City Engineer, Assistant Director of Information Resources, Recreation Manager, Engineering Projects Managers (2) ***Afternoon Session Agenda ***

CALL TO ORDER
This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act.

Mayor Williamson called the meeting to order at 4:02 p.m. City Clerk Klein called the roll with the Council present as indicated above.

TELECONFERENCE NOTICE
Councilmember Haffa confirmed that he could hear the meeting proceedings, gave a brief description of the circumstances relating to his need to appear remotely pursuant to the “Just Cause” clause (contagious illness), and stated that no person over the age of 18 was present in the room with him during the meeting.

City Clerk Klein called the roll with the Council present as indicated above.

PLEDGE OF ALLEGIANCE
Councilmember Garcia led the Pledge.

PRESENTATIONS

1. Recognize November 2024 as Native American Heritage Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized Native American Heritage Month
Mayor Williamson read the proclamation. The Council spoke briefly about the importance of honoring and recognizing indigenous peoples.

Date: 11/19/2024
Item No.: 1.

Council Regular Meeting, 11/19/2024, Item No. 1., Item Page 1, Packet Page 6 City Council Minutes November 5, 2024
2 Public comment was received from Lorna Moffat, who urged the Council to adopt a resolution supporting the return to the Lakota tribe of their tribal lands, and Nina Beety, who spoke in favor of giving land back to local indigenous tribes and shared details of upcoming tribal events.

GENERAL PUBLIC COMMENTS
Public comment on non-agendized matters was received from Tom Rowley, Steve Lightfoot, Peter Berridge, Chantal Melendrez, Lorna Moffat, and Nina Beety.

CONSENT AGENDA
Mayor Williamson noted that Items 14 and 16 had been requested to be pulled from the Consent Agenda.

Public comment on the remaining Consent items was received from: Tom Rowley, regarding Item 6, who stated that a study by Kimley-Horn approved in 2021 had listed options that needed to have been made a year prior to this meeting and said that he hoped realistic data on sea level rise would be of value and lead to necessary decisions; and Johnny Khamis and Ursula Gallichotte, of the Parkland of Monterey Homeowners Association, regarding Item 6, who urged the City to pursue an up-to-date approach to sea level rise, focusing on preserving the beaches, roads, sewer, and their homes on La Playa Street, and not on managed retreat.

On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following roll-call vote, the City Council approved the Consent Agenda, except Items 14 and 16:

2. October 15, 2024 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Approved

3. October 23, 2024 Special Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Approved

4. October 30, 2024 Special Meeting (Field Trip) (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Approved
Award of Construction Contracts

5. Award a Construction Contract in the Amount of $497,702.00 to NX Plumbing & Underground Division for the Citywide Curb Ramp Project, Phase 9 (CIP) (Exempt from CEQA, Article 19, Section 15301, Class 1)
Action: Adopted Resolution No. 24-165 C.S.

Council Regular Meeting, 11/19/2024, Item No. 1., Item Page 2, Packet Page 7 City Council Minutes November 5, 2024
3 Resolutions

6. Authorize the Receipt and Appropriation of Local Coastal Program (LCP) Local Assistance Grant Funds in the Amount of $1.64 Million, and Authorize a Contract with the California Coastal Commission (Exempt from CEQA per Article 19, Section 15306, Class 6) Action: Adopted Resolution No. 24-166 C.S.

7. Authorize the Receipt and Appropriation of Regional Early Action Planning (REAP) 2.0 Regional Competitive Grant Funds in the Amount of $2,305,450 and REAP Local Suballocation Grant Funds in the Amount of $169,380; Authorize Contract with the Association of Monterey Bay Area Governments (AMBAG) (Exempt from CEQA, Article 19, Section 15306, Class 6) Action: Adopted Resolution No. 24-167 C.S.

8. Authorize a New Paramedic Service Provider Agreement with the County of Monterey for the Monterey Fire Department to Provide Paramedic Services in the City of Pacific Grove, Amending the City’s Current Paramedic Service Provider Agreement to Acknowledge the Pacific Grove Agreement, and Amending the Fire Services Agreement with Pacific Grove to include Paramedic Services (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-168 C.S.

9. Accept the 2024 U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) Hiring Program (CHP) Grant in the Amount of $250,000 to Hire Additional Police Officers (Not a project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-169 C.S.

10. Authorize an Agreement with Infor Public Sector, Inc. and Appropriate $499,668.81 for the Purchase of Infor Public Sector Suite (Hansen) Multi-Year Support Agreement (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-170 C.S.

11. Authorize the Purchase of 165 Lenovo Laptops and Extended Service Warranty in the Amount of $192,804.56 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-171 C.S.

12. Authorize a Professional Services Agreement with AmeriNational Community Services, LLC for a Not to Exceed Amount of $50,000 annually to Provide Loan Administration Services for Affordable Housing Programs (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-172 C.S.

13. Authorize an Agreement with the California State Parks Division of Boating & Waterways to Accept Grant Funds for the Surrendered & Abandoned Vessel Exchange Program (SAVE-24) and Authorize an Increase of FY25 Revenue and Appropriation of $42,000 in Grant Reimbursement Funds (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-173 C.S.

Council Regular Meeting, 11/19/2024, Item No. 1., Item Page 3, Packet Page 8 City Council Minutes November 5, 2024
4 14. Authorize the Finance Director to Appropriate $210,000 from the Neighborhood and Community Improvement Program Ending Balance Account to the El Estero Park Center Playground Equipment Upgrade Project (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) ***NCIP*** Action: Pulled from Consent; Continued to November 19, 2024 City Manager Uslar recommended that the Council continue the matter to the next regular meeting, based on staff having received some questions on the matter.

Public comment was received from Tom Reeves, who referred to his written comments and said that the matter should be brought to the Neighborhood and Community Improvement Program (NCIP) Committee for their input because it related to NCIP funding.

On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following roll-call vote, the City Council continued the matter to the November 19, 2024 meeting:

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

15. Accept Army Project Awards, Authorize Budget Appropriations in the Presidio of Monterey Public Works Fund in the Amount of $1,871,140.75, and Authorize the Finance Director to Appropriate Project Budgets, Not Exceeding $350,000 per Project, for Unscheduled Maintenance Projects Through June 30, 2025 ***IGSA***(NEPA Not a Project, CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1)))
Action: Adopted Resolution No. 24-174 C.S.

Other

16. Receive Mayor’s and Vice Mayor’s Recommendations and Appoint Recommended Applicants to the Appeals Hearing Board, Neighborhood and Community Improvement Program Committee, and Parks and Recreation Commission (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Pulled from Consent; Appointed, with each term ending June 30, 2029, Justin Cheng to the Appeals Hearing Board as Alternate, Dean Bobrowski to the NCIP Committee as Alternate for the Aguajito Oaks neighborhood, Gina Sessions to the NCIP Committee as Alternate for the Monterey Vista neighborhood, and Amy Reed to the Parks and Recreation Commission; and Continued NCIP Committee appointment for the Naval Support Activity Monterey neighborhood to November 19, 2024 (3-1-1, with Councilmember Smith voting no, and Councilmember Haffa abstaining) The Council suggested that the matter be continued to November 19, 2024, citing an incomplete interview claimed by applicant Monique Kaldy, and stating that there would be a higher level of engagement and participation in the matter if it were held at a meeting that was not on election day. In response it was stated that the past Mayor, using the same appointments process, had not received so many complaints about process. It was suggested that the Council delay appointments to the Neighborhood and Community Improvement Program (NCIP) Committee military neighborhoods but move forward with other appointments.

City Manager Uslar briefly provided the basic details of the application process for all of the positions, and noted that Adam Maddox could not be appointed to the NCIP Committee based Council Regular Meeting, 11/19/2024, Item No. 1., Item Page 4, Packet Page 9 City Council Minutes November 5, 2024
5 on not meeting the residency requirement for the Naval Support Activity Monterey neighborhood.

Public comment was received from: Curt Tipton of the NCIP Committee, who spoke against the proposed Naval Support Activity Monterey appointment, saying that the City should not be funding military property; Nancy Soule, who provided potential questions for NCIP Committee applications and said that military neighborhoods were not residential neighborhoods; Pat Venza, who asked questions about the military NCIP neighborhoods and their creation; Rosemary Robert of the NCIP Committee, who echoed a request to know why and for what purpose the neighborhoods were added; Monique Kaldy, who said that conducting interviews via chat was inappropriate; Tom Rowley, who asked to continue the matter, alleging a lack of transparency; Jean Rasch, who urged the Council to table the appointment of NCIP reps to military installations, citing no outreach to the public; Tom Reeves, who asked the Council to table the matter entirely, stating that the military neighborhoods were not really neighborhoods and that they should be incorporated into existing neighborhoods; and Nina Beety, who said that the two military neighborhoods were not part of the NCIP Committee and that appointments to these areas would be a violation of the Monterey City Code. During public comment, Councilmember Haffa left the teleconference at 5:01 p.m. due to technical issues.

At the request of the Council, City Manager Uslar addressed questions and concerns that had been raised during the public comment period. He explained that on September 7, 2021, the updated NCIP manual, including a neighborhood map showing the military areas as neighborhoods, was approved by the City Council. He said that Jean Rasch was present at the time of approval and that the NCIP members were notified in 2021 when the manual was approved. He said that there had traditionally always been challenges when adding new neighborhoods to the NCIP, and shared that when the addition of the Downtown neighborhood was considered, some people said that it was strictly a commercial area, but the City Council said it was a neighborhood because people lived there. He addressed the allegation of a lack of transparency, noting that the outreach regarding miltary neighborhood vacancies was done publicly in June and was seen by numerous public commenters. He noted that the NCIP had funded projects on Federal property with NCIP funds for many years, and listed examples such as rehabilitating Navy dunes, and funding the Child Development Center and Soldiers Field at the Presidio of Monterey, and he went on to point out that the NCIP manual provided guidance on how to fund projects on federal installations and other out-of-jurisdiction property. He stated that Monterey residents who were serving the nation deserved the right to be represented by their City government, of which the NCIP was a part. During City Manager Uslar's remarks, Councilmember Haffa rejoined the teleconference at 5:07 p.m.

The Council discussed the matter. Regarding Ms. Kaldy's interview, it was stated that holding an interview by chat was not ideal, and that if the audio problem with the interview was on the City's side, it should have been rescheduled. Regarding concerns arising from the process and recommendations of this Mayor and not the prior Mayor, it was stated that non-recommended applicants had disagreed with the process through the years, not only in this instance.

On question from the Council, City Manager Uslar explained the background for advertisement of the military neighborhood vacancies, stating that when applicant Evens Lanot's application was received, it was clear to staff that representation for his residential neighborhood was appropriate. He recounted details of the addition of the previously unrepresented Downtown neighborhood to the NCIP, and noted that in the future if people lived in the Ryan Ranch neighborhood, they would also be entitled to representation. He said that it was not consistent with democracy to tell people living in certain areas that they were not allowed a representative.

Council Regular Meeting, 11/19/2024, Item No. 1., Item Page 5, Packet Page 10 City Council Minutes November 5, 2024
6 Mayor Williamson clarified that the process regarding military neighborhoods had been staff-led, based on the City Clerk having received an otherwise qualified application from a previously unrepresented resident of the City living in the Naval Support Activity Monterey neighborhood.

The Council continued its discussion. Regarding the potential to postpone appointments, it was stated that there was no reason to do so, noting that no complaints about Ms. Kaldy's interview had been brought forward to the Vice Mayor who interviewed her, nor to City staff. Regarding the military neighborhoods, it was stated that the Council did need to recognize the significant military presence in the City and region, and that it was right to provide representation to residents in those Monterey neighborhoods.

During the Council's discussion, Councilmember Haffa left the teleconference at 5:11 p.m. He rejoined the teleconference at 5:16 p.m. and said he would abstain from voting because he had not heard the full conversation.

On question from the Council, City Attorney Davi explained the history of the addition of the Downtown neighborhood to the NCIP, stating it had taken approximately a decade to get the NCIP manual updated to include the Downtown neighborhood. She said that it had eventually been changed but that it had been a hurdle. She said that during that process she had made it very clear that there should be no person living in the City who did not have the right to representation. She said that when the City converted to districting for Council elections, all of the residents living in the military areas within the City limits were counted and considered in terms of district boundary lines. She said that how the neighborhood lines should be drawn was a policy decision for the City Council, but that every resident should have a representative.

The Council posited that adding military neighborhoods to existing neighborhoods would be likely to create conflict and pushback from the existing neighborhoods and their representation.

A motion was introduced by Mayor Williamson, and seconded by Councilmember Barber, that the City Council make all of the recommended appointments, except for the Naval Support Activity Monterey neighborhood of the NCIP, which would be continued to November 19, 2024.

A substitute motion was introduced by Councilmember Smith: that the City Council make appointments for the NCIP neighborhoods of Aguajito Oaks and Monterey Vista, and to the Appeals Hearing Board and Parks and Recreation Committee, but delay appointment to the NCIP neighborhood of Naval Support Activity Monterey; and that the Mayor and Vice Mayor should reschedule and interview Ms. Kaldy. This substitute motion died for lack of a second.

Regarding the interview process conducted, Vice Mayor Barber clarified that all interviews she conducted were done by video conference, and that in the case of Ms. Kaldy's interview the audio did not connect so the interview was held via chat and video, without audio. Mayor Williamson said that most of his interviews had been by video conference also, with some partially conducted in chat because of issues. A member of the Council said that interviews should have simultaneous visual and audio if conducted remotely, or be held in person.

The motion by Mayor Williamson passed by the following roll-call vote:

AYES: 3 COUNCILMEMBERS: Barber, Garcia, Williamson
NOES: 1 COUNCILMEMBERS: Smith
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 1 COUNCILMEMBERS: Haffa
RECUSED: 0 COUNCILMEMBERS: (None)
*** End of Consent Agenda ***
Council Regular Meeting, 11/19/2024, Item No. 1., Item Page 6, Packet Page 11 City Council Minutes November 5, 2024
7 PUBLIC APPEARANCE

17. Consider Employee Richard Castellon's Request for Military Leave Additional Supplemental Salary Beyond 330 Days (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Approved Richard Castellon's request for military leave until January 8, 2025 Human Resources Director Neal gave a brief verbal staff presentation and answered Councilmembers' questions. Public comment was not received.

On a motion by Councilmember Smith, seconded by Mayor Williamson, and carried by the following roll-call vote, the City Council approved Employee Richard Castellon's Request for Military Leave Additional Supplemental Salary Beyond 330 Days, until January 8, 2025:

18. Receive Presentation by the Monterey Peninsula Water Management District (MPWMD) on the 2024-2025 Water Allocation Process and Authorize a Letter Supporting the Proposed MPWMD Water Allocation for the City of Monterey (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Received presentation and authorized the letter Community Development Director Cole, and Dave Stoldt, of the Monterey Peninsula Water Management District, gave the staff presentation and answered Councilmembers' questions.

During the presentation, Mayor Williamson left Chamber at 5:37 p.m. and returned at 5:40 p.m.

Public comment was received from Tom Rowley, who said that Stoldt's data and predictions were premature, and Nina Beety, who shared water quality concerns relating to Fort Ord toxins, radioactivity from Japan, and agricultural chemicals.

The Council discussed the matter. Context was provided for a vote regarding Regional Housing Needs Analysis (RHNA) allocations at the meeting of the board of directors of the Association of Monterey Bay Area Governments (AMBAG), stating that the "no" vote had been a protest vote because of data forced on AMBAG by the State. It was expressed that local jurisdictions were stuck with a system that was being forced by the California Department of Housing and Community Development, that the data was faulty, and that the City of Monterey's assigned RHNA number was out of line with Monterey's needs.

The Council thanked Mr. Stoldt and invited him to present again in the coming year.

On a motion by Councilmember Barber, seconded by Councilmember Garcia, and carried by the following roll-call vote, the City Council authorized the letter:

AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Council Regular Meeting, 11/19/2024, Item No. 1., Item Page 7, Packet Page 12 City Council Minutes November 5, 2024
8 COUNCIL COMMENTS
Councilmember Smith congratulated candidates for running, and urged everyone to put the election behind them and live their lives in community, getting along together with care for others.

Mayor Williamson encouraged voters to head to the polls if they had not yet already, noting that the polls would close at 8:00 p.m.

CITY MANAGER REPORTS
City Manager Uslar echoed the information that polls would be open until 8:00 p.m., and said that the first local election results will be available online shortly after 8:00 p.m.

ADJOURNMENT
The Council adjourned at 6:09 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor
Council Regular Meeting, 11/19/2024, Item No. 1., Item Page 8, Packet Page 13 Council
Agenda Report
FROM: Andrea Renny, Public Works Director
Prepared By: Jason Bradley, General Services Field Operations Manager SUBJECT: Award a Job Order Contract in the Amount of $1,000,000.00 to A & B Fire Protection and Safety, Inc. for Citywide Fire Sprinkler Maintenance & Repair (Exempt from CEQA, Article 19, Section 15301, Class 1) RECOMMENDATION:

That the City Council adopt the attached resolution:

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

2. Accepting all responsive, responsible bids;

3. Awarding a Job Order Contract for Citywide Fire Sprinkler Maintenance & Repair to A & B Fire Protection and Safety, Inc., for a term of one year with the option to renew for two additional years with an annual funding limit of $1,000,000; and,

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

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.

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

POLICY IMPLICATIONS:

This Project is consistent with the City Council’s Value Drivers and Strategic Priorities of Quality of Life – “Respond effectively to neighborhood concerns”.

This action is also consistent with the City’s policy to approve Public Works contracts exceeding $150,000.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

Date: 11/19/2024
Item No.: 2.

Council Regular Meeting, 11/19/2024, Item No. 2., Item Page 1, Packet Page 14 №10/24
FISCAL IMPLICATIONS:

Two (2) bids were received and opened by the Finance Director’s designee on October 29, 2024 as follows:

Bidder Grand Total
A & B Fire Protection
Everon LLC
$598,260.00
$971,762.00
This action does not appropriate any funding. Any maintenance or repair performed under this job order contract will be fully funded through expenditures 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 Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project consists of citywide fire sprinkler maintenance and repair. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

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 Council Regular Meeting, 11/19/2024, Item No. 2., Item Page 2, Packet Page 15 №10/24
significant. There would be no cumulative impact because the project involves the repair and maintenance of existing fire sprinklers.

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

Exception 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 repair and maintenance of City fire sprinklers would not result in digging, nor would it involve impacts to historic structures; therefore, the project would not have an impact on historical or archeological resources.

ALTERNATIVES CONSIDERED:

The City Council could direct staff to advertise for bids for each repair individually; however, this is not recommended. Job order contracts (previously called on-call contracts) have been proven to be an effective tool to perform maintenance and repairs in a timely, efficient manner.

Job order contracts also give the City the capability to 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 Department 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 Construction Contracting, and construction performed by in-house City crews. Including Job Order Construction Contracting as one of the available methods to construct routine projects has proven to be an effective tool in implementing City projects.

This scope of work for this job order contract includes inspection, maintenance, and repair of all fire suppression systems at City properties, including fire sprinklers at Wharves I &II. The contract will allow for the quickest possible response to emergencies and urgent repairs and will ensure the best possible response by qualified technicians who have experience with our systems.

The publicly advertised call for bids contained a Bid Schedule whereupon bidders were required to list rates for routine construction items including fire sprinkler system inspection, dry chemical suppression inspection, fire pump flow tests, and hourly labor rates for repairs.

Council Regular Meeting, 11/19/2024, Item No. 2., Item Page 3, Packet Page 16 №10/24
For the purpose of awarding this job order contract, the basis for determining the low bidder is the 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 upon unit prices and not a specific project, an Engineer’s Estimate was not prepared for comparison. However, the bid amount submitted by A & B Fire Protection is comparable with the previous job order contract prices adjusted for inflation.

The contract 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, this contract may be extended up to one 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.

AR/jb/pl
Attachments: 1. Resolution

2. Bid Tabulation Table
e: A & B Fire Protection
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.gov/Submitted-Comments
Council Regular Meeting, 11/19/2024, Item No. 2., Item Page 4, Packet Page 17 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
AWARDING A JOB ORDER CONTRACT IN THE AMOUNT OF $1,000,000 TO A & B FIRE PROTECTION AND SAFTEY, INC. FOR CITYWIDE FIRE SPRINKLER MAINTENANCE & REPAIR JOB ORDER CONTRACT (EXEMPT FROM CEQA, ARTICLE 19, SECTION 15301, CLASS 1)
WHEREAS, on the 29th day of October 2024, the City received two (2) electronic bids through the City’s e-Procurement Portal, OpenGov Procurement, for the Citywide Sprinkler Maintenance & Repair Job Order Contract;
WHEREAS, A & B Fire Protection and Safety, Inc. and Everon LLC submitted responsive, responsible bids;
WHEREAS, the basis for determining the low bidder is the Total Base Bid. The Base Bid establishes hourly labor rates;
WHEREAS, the lowest responsive, responsible bid was submitted by A & B Fire Protection and Safety, Inc.;
WHEREAS, this action does not appropriate any funding. Any maintenance or repair performed under this job order contract will be fully funded through expenditures 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; 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 consists of citywide fire sprinkler maintenance and repair. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. There would be no cumulative impact because the project involves the repair and maintenance of existing fire sprinklers.

Council Regular Meeting, 11/19/2024, Item No. 2., Item Page 5, Packet Page 18 2 Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. No unusual circumstances are anticipated due to improvements’ limited scope and distinct locations.

Exception 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 repair and maintenance of City fire sprinklers would not result in digging, nor would it involve impacts to historic structures; therefore, the project would not have an impact on historical or archeological resources.

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 Citywide Fire Sprinkler Maintenance & Repair Job Order Contract (“Project”) which are available in the Office of the City Engineer (Room 7) and granting the Public Works Director, or their designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Accepts all responsive, responsible bids;

3. Awards a job order contract for Citywide Fire Sprinkler Maintenance & Repair to A & B Fire Protection and Safety, 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 their designee, to execute the contract upon the receipt of information required by the contract.

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

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Council Regular Meeting, 11/19/2024, Item No. 2., Item Page 6, Packet Page 19 3 ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 11/19/2024, Item No. 2., Item Page 7, Packet Page 20 City of Monterey
Finance Department
Rafaela King, Finance Director
580 Pacific Street, Monterey, CA 93940

EVALUATION TABULATION
General Solicitation - REBID: CITYWIDE FIRE SPRINKLER MAINTENANCE & REPAIR JOB ORDER CONTRACT

Page 1 ends

EVALUATION TABULATION
GEN No. TBD
REBID: CITYWIDE FIRE SPRINKLER MAINTENANCE & REPAIR JOB ORDER

CONTRACT
RESPONSE DEADLINE: October 29, 2024 at 2:00 pm
Tuesday, October 29, 2024

SELECTED VENDOR TOTALS
Vendor Total
A & B Fire Protection $598,260.00
Everon LLC $971,762.00
TABLE 1
Vendor Total
A & B Fire Protection $598,260.00
Everon LLC $971,762.00
Attachment 1
Council Regular Meeting, 11/19/2024, Item No. 2., Item Page 8, Packet Page 21 Council
Agenda Report
FROM: Brette Neal, Human Resources Director
Prepared By: Gina Russo, Assistant Human Resources Director SUBJECT: Adopt a Resolution Approving the Memorandum of Understanding between the City of Monterey and the Monterey Fire Chief Officers’ Association (MFCOA) for the period of July 1, 2024, through June 30, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECOMMENDATION:

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

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

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

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

The increase in cost over the 2023-24 base Fiscal Year is:
 For FY 24-25 is $63,868
 For FY 25-26 is $66,423
 For FY 26-27 is $69,080
The cost for FY 24-25 has been included in the budget adopted at the June 4, 2024 council meeting. Amounts for subsequent fiscal years will be included in the corresponding budget years.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 1, Packet Page 22 №10/24
rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

No alternatives to reaching a successor agreement were considered. The Monterey Fire Chief Officers’ Association (MFCOA) members and City of Monterey staff contributed to developing the MOU as presented.

DISCUSSION:

As a result of meeting and conferring in good faith, the City of Monterey and the Monterey Fire Chief Officers’ Association (MFCOA) reached an agreement on a successor MOU. This agreement was ratified by the City Council in closed session on July 16, 2024, and by MFOCA on July 16, 2024. The terms and conditions of the MOU are now submitted for final approval and include the following:
 Three-year term: July 1, 2024 to June 30, 2027
 Effective July 1, 2024, salary schedules increase as follows:
o Assistant Fire Chief 1.3%
 4% salary increase for all members effective July 1, 2024  4% salary increase for all members effective July 1, 2025  4% salary increase for all members effective July 1, 2026  Deferred Compensation match increases to $150 per month  Management Leave increased to 80 hours per calendar year o Forty (40) hours will be added for members on 40-hour schedule and eight (8) hours added for members on a 56-hour schedule on July 1, 2024  California State Fire Marshal Chief Officer certification pay of 2.5%  Special Assignment Pay range of not less than two percent (2.0%) and not more than twenty percent (20%)
 Health Insurance remains status quo
BN/gr
Attachments: 1. Resolution

2. Exhibit A – MFCOA MOU 7/1/24 – 6/30/2027
e: Christine Davi, City Attorney
Rafaela King, Finance Director
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.gov/Submitted-Comments
Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 2, Packet Page 23 RESOLUTION NO. __-___ C.S.

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

APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MONTEREY AND THE MONTEREY FIRE CHIEF OFFICERS’ ASSOCIATION (MFCOA) FOR THE PERIOD OF JULY 1, 2024, THROUGH JUNE 30, 2027
WHEREAS, the City of Monterey negotiated a new Memorandum of Understanding with the Monterey Fire Chief Officers’ Association (MFCOA); WHEREAS, the terms of the Memorandum of Understanding with the Monterey Fire Chief Officers’ Association (MFCOA) are attached and include the following:
 Three-year term: July 1, 2024 to June 30, 2027
 Effective July 1, 2024, and as soon as administratively possible, the pay rates for identified classifications shall be increased as follows:
o Assistant Fire Chief 1.3%
 After the market adjustments identified above, effective July 1, 2024, and as soon as administratively possible, the pay rates for all MFCOA employees shall be increased by four percent (4.0%).
 4% salary increase for all members effective July 1, 2025  4% salary increase for all members effective July 1, 2026  Deferred Compensation match increases to $150 per month  Management Leave increased to 80 hours per calendar year o Forty (40) hours will be added for members on 40-hour schedule and eight (8) hours added for members on a 56-hour schedule on July 1, 2024  California State Fire Marshal Chief Officer certification pay of 2.5%  Special Assignment Pay range of not less than two percent (2.0%) and not more than twenty percent (20%)
 Health Insurance remains status quo
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

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

Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 3, Packet Page 24

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

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 4, Packet Page 25 Exhibit A
MFCOA MOU July 1, 2024 – June 30, 2027 Page 1 of 23

MEMORANDUM OF UNDERSTANDING
between

CITY OF MONTEREY
and
MONTEREY FIRE CHIEF OFFICERS’

ASSOCIATION
July 1, 2024 – June 30, 2027
Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 5, Packet Page 26 MFCOA MOU July 1, 2024 – June 30, 2027 Page 2 of 23
Table of Contents
SECTION 1 RECOGNITION............................................................................................................................. 3 SECTION 2 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING........................................... 3 SECTION 3 IMPLEMENTATION...................................................................................................................... 3 SECTION 4 NONDISCRIMINATION ................................................................................................................ 4 SECTION 5 CITY RIGHTS ............................................................................................................................... 4 SECTION 6 ASSOCIATION SECURITY.......................................................................................................... 4 SECTION 7 SALARY ....................................................................................................................................... 5 SECTION 8 OES STRIKE TEAM RESPONSE COMPENSATION ................................................................. 6 SECTION 9 STEP ADVANCEMENTS ............................................................................................................. 6 SECTION 10 INSURANCE PLAN...................................................................................................................... 7 SECTION 11 PUBLIC EMPLOYEES’ RETIREMENT SYSTEM...................................................................... 10 SECTION 12 DEFERRED COMPENSATION – MATCH PROGRAM............................................................. 10 SECTION 13 RETIREMENT HEALTH SAVINGS PLAN................................................................................. 11 SECTION 14 DAYS AND HOURS OF WORK................................................................................................. 12 SECTION 15 LIGHT DUTY............................................................................................................................... 13 SECTION 16 HOLIDAYS.................................................................................................................................. 14 SECTION 17 LEAVE ACCRUAL AND USAGE............................................................................................... 15 SECTION 18 BEREAVEMENT LEAVE ........................................................................................................... 17 SECTION 19 SHORT TERM / LONG TERM DISABILITY PLAN AND MAINTENANCE OF BENEFITS ...... 18 SECTION 20 SPECIAL ASSIGNMENT PAY................................................................................................... 18 SECTION 21 CALIFORNIA STATE FIRE MARSHAL CHIEF OFFICER CERTIFICATION........................... 19 SECTION 22 MATERNITY AND PARENTAL LEAVE .................................................................................... 19 SECTION 23 TUITION REIMBURSEMENT PROGRAM................................................................................. 19 SECTION 24 WELLNESS PROGRAM ............................................................................................................ 19 SECTION 25 UNIFORMS................................................................................................................................. 21 SECTION 26 PROVISIONS OF LAW .............................................................................................................. 21 SECTION 27 FULL UNDERSTANDING, MODIFICATION AND WAIVER ..................................................... 21 Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 6, Packet Page 27 MFCOA MOU July 1, 2024 – June 30, 2027 Page 3 of 23

MEMORANDUM OF UNDERSTANDING
between the

CITY OF MONTEREY
and the
MONTEREY FIRE CHIEF OFFICERS’ ASSOCIATION (MFCOA)
July 1, 2024 through June 30, 2027
This Memorandum of Understanding (MOU or Agreement) is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500-3510) and the EmployerEmployee Relations Resolution of the City of Monterey and is made by and between authorized representatives of the City of Monterey (hereinafter referred to as "City"), and the Monterey Fire Chief Officers’ Association (herein after referred to as "Association").

SECTION 1 RECOGNITION
Pursuant to the provisions of the Employer-Employee Relations Resolution of the City of Monterey and applicable state law, the City recognizes the Monterey Fire Chief Officers’ Association as the majority representative of all permanent employees in classes assigned to this Employee Unit. The classifications in this unit are the Assistant Fire Chief and Division Chief.

SECTION 2 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING

2.1. This MOU is effective on July 1, 2024 and shall remain in full force and effect through June 30, 2027. The terms, conditions, wages, and all provisions of this MOU shall continue in effect until a new MOU is negotiated and subsequently ratified by the Association and the City Council, or until this MOU is superseded in accordance with City Code Section 25-16.12(e) (Impasse Procedure) as may be amended, or until the Association dissolves pursuant to City Code Section 15-

16.10 (Decertification of Recognized Employee Organizations), as may be amended.

2.2. The parties hereto have caused their duly authorized representative to execute this Memorandum of Understanding the day, month and year noted below.

SECTION 3 IMPLEMENTATION
It is agreed that this MOU shall not be binding upon the parties either in whole or in part unless and until ratified by the Association's membership, and unless and until the City Council acts, by a four-fifths (4/5) vote, to approve this MOU; appropriates the necessary funds required to implement the provisions of this MOU which require funding; and any other required action.

Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 7, Packet Page 28 MFCOA MOU July 1, 2024 – June 30, 2027 Page 4 of 23
SECTION 4 NONDISCRIMINATION

4.1. The provisions of this Agreement shall be applied equally to employees covered herein without favor or discrimination because of race, color, sex, age, national origin, political or religious opinions or affiliations.

4.2. Employees covered by this Agreement shall have the right to form, join, and participate in the activities of employee organizations of their own choosing; or to refrain from participation, to the extent that such rights have not been mutually waived by this Agreement. Employees shall not be discriminated against because of their exercise or non-exercise of these rights.

SECTION 5 CITY RIGHTS

5.1. The City retains all rights not specifically delegated by this Agreement including, but not limited to, the exclusive right to:

1. Determine the mission of the City;

2. Set standards of service;

3. Determine the procedures and standards of selection for employment and promotion;

4. Direct its employees, take disciplinary action for proper cause;

5. Relieve its employees from duty because of lack of work;

6. Maintain the efficiency of City operations;

7. Determine the methods, means and personnel by which City operations are to be conducted;

8. Determine the content of job specifications; and

9. Take all necessary actions to carry out its mission in emergencies and exercise control and discretion over its organizations and the technology of performing its work.

5.2. The exercise of such rights shall not preclude the Association from conferring with City representatives about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment.

5.3. Except in an emergency, City decisions shall not supersede the provisions of this Agreement.

5.4. Actions taken by the City to meet an emergency that are not in compliance with this Agreement shall be in effect only during the duration of the emergency.

SECTION 6 ASSOCIATION SECURITY

6.1. Dues Deductions

6.1.1. In compliance with SB 866, codified in Government Code Section 1157.12, membership dues of the Association and such other deductions as may be properly requested and lawfully permitted shall Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 8, Packet Page 29 MFCOA MOU July 1, 2024 – June 30, 2027 Page 5 of 23
be deducted by the City from the salary of any employee. Remittance of the aggregate amount of all dues and other proper deductions made from the salaries of employees covered hereunder shall be made to the Association by the City as promptly as practical.

6.2. Use of Bulletin Boards

6.2.1. The City will furnish, for the exclusive use of the Association, adequate space on fire department bulletin boards. The board shall be used for the following subjects:

1. Information on Association elections, reports, and notices;

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

3. Scheduled membership benefits, programs and promotions; and

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

6.3. Activities on City's Premises and Access

6.3.1. Membership meetings, organizing activities, membership campaigns, or dues collected by the Association or their representatives on City premises or at work locations during normal business hours shall not be permitted. Representatives of the Association shall be granted reasonable access to employee work locations to investigate matters relating to employer-employee relations only if such investigation cannot be conducted elsewhere, unless such access to given work locations would constitute a safety hazard or would interfere with the operations of the City. Access to work locations may be regulated by the Fire Chief so as not to constitute a safety hazard or to interfere with operations of the City. Representatives of the Association shall not enter a work location without the consent of the Fire Chief, or their designee, in their absence.

SECTION 7 SALARY

7.1. General Salary Increases

7.1.1. For 2024-2025 fiscal year:

1. Effective July 1, 2024, and as soon as administratively possible, the pay rates for the Assistant Fire Chief shall be increased by 1.3%.

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

7.1.2. For 2025-2026 fiscal year:

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

7.1.3. For 2026-2027 fiscal year:

1. Effective July 1, 2026, and as soon as administratively possible, the Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 9, Packet Page 30 MFCOA MOU July 1, 2024 – June 30, 2027 Page 6 of 23
pay rates for employees shall be increased by four percent (4.0%).

7.2. Longevity

7.2.1. Employees will receive longevity pay the first full pay period following the anniversary date that meets the following required years of continuous full-time service:
a. For those employees with at least twenty (20) years of continuous fulltime City of Monterey service and less than twenty-five (25) years, a five percent (5.0%) longevity pay, calculated from the base rate of pay set forth in the adopted salary schedule, will be provided. b. For those employees with at least twenty-five (25) years of continuous full-time City of Monterey service and less than thirty (30) years, a total of ten percent (10.0%) longevity pay, calculated from the base rate of pay set forth in the adopted salary schedule, will be provided. c. For those employees with at least thirty (30) years of continuous fulltime City of Monterey service or more, a total of fifteen percent (15.0%) longevity pay, calculated from the base rate of pay set forth in the adopted salary schedule, will be provided.

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

7.2.3. Longevity Pay will not be provided to MFCOA employees hired on or after January 1, 2015, unless the employee has been promoted, such as from MFFA, and was a City of Monterey employee hired into the classified service prior to January 1, 2015. Any employee hired into the classified service with the City of Monterey prior to January 1, 2015 will be grandfathered into this clause and will continue to be eligible to receive Longevity as long as they are an active classified employee with the City of Monterey on December 31, 2014.

SECTION 8 OES STRIKE TEAM RESPONSE COMPENSATION
When an employee represented by MFCOA is assigned by the Fire Chief to respond to a request for mutual aid under the State Mutual Aid Program, that employee will be paid at the forty (40)-hour work week rate.

SECTION 9 STEP ADVANCEMENTS
Step advancement will be in accordance with City Code Section 25-5.05 (b).

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SECTION 10 INSURANCE PLAN
The City will make available a Flexible Benefits Plan (Cafeteria Plan) to eligible employees.

The following is a brief summary of benefits available as a part of the Flexible Benefits Plan.

To the extent that the insurance programs detailed below continue to be available, the City will continue to offer these programs. Employees should refer to the plan documents for a complete description of benefits, coverage and limitations.

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

10.1. Eligibility

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

10.2. Health Insurance

10.2.1. CalPERS Medical Insurance Contribution
a. The City provides health insurance through the California Public Employee’s Retirement System (“CalPERS”). The employee contribution may vary depending on which plan the employee is enrolled in and in which CalPERS region they reside. The City shall make a nonelective employer contribution to the Flexible Benefits Plan on behalf of each active, full-time employee in an amount which includes the Public Employees’ Medical and Hospital Act (PEMHCA) contribution. i. At the time of this Agreement, the current Health Plan Spending Fund (HPSF) rates are:
• $2,540.00 per month – family coverage
• $2,040.00 per month – employee + 1
• $914.82 per month – employee only
ii. For the plan year effective January 1, 2025, if the CalPERS Gold health plan premiums increase above the City’s current HPSF contribution ($2,540.00 per month/family coverage, $2,040.00 per month/ employee plus one, $914.82 per month/ employee only), the City shall increase its contributions toward the premium commensurate with the increase, not to exceed nine percent (9.0%).
iii. For the plan year effective January 1, 2026, if the CalPERS Gold health plan premiums increase above the City’s 2025 HPSF contributions, the Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 11, Packet Page 32 MFCOA MOU July 1, 2024 – June 30, 2027 Page 8 of 23
City shall increase its contributions toward the premium commensurate with the increase, not to exceed nine percent (9.0%).
iv. For the plan year effective January 1, 2027, if the CalPERS Gold health plan premiums increase above the City’s 2026 HPSF contributions, the City shall increase its contributions toward the premium commensurate with the increase, not to exceed nine percent (9.0%).
b. In 2027, the Association and the City agree to reopen the Insurance Benefits Section of this Agreement to discuss future employer and employee contributions.

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

10.3. Retiree Medical Premium

10.3.1. Covered employees who retire under the provisions of the City’s contract with CalPERS are currently eligible to continue CalPERS medical coverage. The City will make the mandatory minimum employer health premium contribution for City retirees participating in the PEMHCA. The mandatory monthly rate is established by CalPERS annually and is effective on January 1 of each calendar year pursuant to Government Code Section 22892.

10.4. Cafeteria Plan and Optional Benefits

10.4.1. In accordance with IRS Code Section 125, the City will provide a Flexible Benefits Plan (“Cafeteria Plan”) to all eligible employees.

Employees may elect to participate in the following three (3) Section 125 programs offered by the City:
• Premium Conversion;
• Dependent Care (IRS contribution limits apply); and
• Flexible Spending Account (IRS contribution limits apply).

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

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

10.5. Dental/Orthodontia Insurance

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

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

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

10.7. Life Insurance

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

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

10.8. Pre-Paid Legal Plan

10.8.1. Each represented employee shall have the option of participating in a prepaid legal service. Each participating employee shall pay, via payroll deduction, the monthly fee established by the company providing the prepaid legal service.

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SECTION 11 PUBLIC EMPLOYEES’ RETIREMENT SYSTEM

11.1. Public Employees Retirement System (PERS)

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

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

11.1.3. For “Classic” employees, as defined by the Public Employees’ Retirement System (PERS), shall contribute a five percent (5.0%) additional member contribution over and above the Normal Contribution for “Classic” members towards the employer’s contribution, for a total member contribution of fourteen percent (14.0%) which is memorialized by a 2018 contract amendment with CalPERS.

11.2. Credit For Unused Sick Leave

11.2.1. As permitted by California Government Code Section 20965, as may be amended, a represented employee who retires may convert up to 100% of the employee’s unused accumulated sick leave to additional service credit at the rate of 0.004 years of service credit for each day of unused sick leave (i.e. 250 days of sick leave equals one (1) additional year of service credit.)

11.2.2. If an employee elects to convert unused accumulated sick leave to additional service credit, those sick leave days shall not be “sold back” under Section 17.10 of this Agreement.

11.3. 1959 Survivor Benefits

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

SECTION 12 DEFERRED COMPENSATION – MATCH PROGRAM
Effective as soon as administratively possible upon ratification, the City will match up to $75.00 per pay period ($150.00 per month) of an employee’s contribution to a City authorized Deferred Compensation Plan authorized under Internal Revenue Code Section 457. The combined contribution between the City's and the employee's contribution to the City's Deferred Compensation Plan(s) cannot exceed the maximum permitted by law.

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SECTION 13 RETIREMENT HEALTH SAVINGS PLAN

13.1. Employee Funded RHSP

13.1.1. The “Retirement Health Savings Plan” (RHSP) is an employersponsored health benefit savings program that allows employees to contribute and accumulate assets to pay for medical premiums and allowable health expenses at retirement (or upon meeting eligibility criteria) on a tax-free basis. This plan is not currently in effect. Once Employees’ agree to a mandatory contribution amount, it is the City’s intent to implement. The RHSP has the following components:
a. Eligibility
i. Employee must have ten (10) years of City service or more, must retire or separate from City service, and have reached a minimum of age fifty (50). Under certain
circumstances the age requirement may be waived if the
employee qualifies as disabled from work under the PERS retirement plan, the City’s Short-Term/Long-Term
Disability Income Protection Plan or under Workers’
Compensation.
b. Contributions
i. An employee may make a one-time irrevocable election to have an on-going pre-tax salary deduction of 1.0-20.0%
(whole percentages) of the employee’s base rate of pay; and
ii. An employee may also elect on an annual basis, in a year preceding retirement or separation, to make an
irrevocable pre-tax deduction up to 100% (whole
percentages) of their accrued vacation, holiday, CTO, and sick leave (in accordance with MFCOA MOU Section

17.10 “Sick Leave Sell-Back Program”) separation
payoffs.
iii. Contributions into the RHSP made only by the employee; there are no employer contributions. The employee will
pay all administrative fees. The employee will be allowed to make their irrevocable election within thirty (30) days of hire as a full-time employee, and/or during the City’s
annual open enrollment period.

13.2. City Funded RHSP

13.2.1. The City will contribute $50.00 per month per employee to the Retirement Health Savings Plan (RHSP). The City’s contribution and related investment results will then be provided to the employee upon separation, or retirement, as long as the employee reaches fifteen (15) years of City service.

13.2.2. If an employee does not reach at least fifteen (15) years of City Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 15, Packet Page 36 MFCOA MOU July 1, 2024 – June 30, 2027 Page 12 of 23
service or more, the City’s contribution and investment results shall return to the City to offset further contribution costs. If the employee chooses to contribute their own funds to the RHSP, the employee’s funds and related investment results shall be available to the employee upon separation regardless of vesting.

13.3. Disclaimer

13.3.1. The above descriptions are not intended to supersede current Internal Revenue Service regulations or how these regulations may change from time to time. These Internal Revenue Service regulations may affect the City’s ability to provide this program.

Further, this section would be subject to the rules and restrictions of the City’s RHSP provider, currently ICMA. The descriptions are for informational purposes only.

SECTION 14 DAYS AND HOURS OF WORK
This section sets forth the general provisions governing hours of work. The City reserves the right to make changes as may be necessary to meet the operational needs of City. If a change in the days of work, hours of work, work schedules, or other working conditions are necessary, the City shall notify the affected employee(s) and provide an opportunity to meet and confer prior to implementing the change(s).

14.1. Schedules

14.1.1. Positions allocated to the Operations Division will work a fifty-six (56) hour A, B and C platoon work schedule.

The work schedule shall be two (2) consecutive twenty-four (24)- hour shifts beginning at 7:45 a.m. for a total of forty-eight (48) hours, followed by four (4) consecutive twenty-four (24)-hour shifts off for a total of ninety-six (96) hours (commonly known as a "48/96-Hour Work Schedule"), repeating thereafter per the chart below (X = work day: 0 = day off):

XX0000XX0000XX0000, etc.

14.1.2. Positions allocated to the Training Division and/or the Prevention Division and/or General Administration will work a forty (40)-hour work week of either 5/8, 4/10, or 9/80 work schedule. An alternate\schedule may be approved by the Fire Chief.

14.1.3. Working hours are subject to change to meet the Department’s needs, including evenings and weekends.

14.2. Extra Duty Compensation
a. Division Chiefs shall be compensated, at straight time, for working as the Operations Division Duty Chief when they are not regularly scheduled for duty. Straight time compensation is to be calculated at the fifty-six (56)-hour rate. Division Chiefs can elect to accrue Extra Duty Compensation (XDA), hour for hour, instead of being paid for Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 16, Packet Page 37 MFCOA MOU July 1, 2024 – June 30, 2027 Page 13 of 23
extra time worked. Accrued XDA shall not exceed 120 hours. Once a Division Chief’s Comp XDA bank reaches 120 hours, the Division Chief can no longer accrue hours and will be paid straight time for the hours worked as XD. The Fire Chief shall determine when to use a Division Chief or Acting Division Chief to fill a vacancy. b. With the Fire Chief’s approval, Division Chiefs shall receive Extra Duty straight time compensation at the forty (40)-hour rate when working special events/details outside the normal work schedule other than Duty Chief coverage.

14.2. Hours of Emergency Work

14.2.1. When it is determined, by the Fire Chief, or their designee, that emergency work is required, all employees in classifications represented by the Association shall render emergency service on a twenty-four (24) hour on-duty basis without interruption.

14.3. Absences from Duty

14.3.1. The City and Association agree that current United States Department of Labor Regulation 29 CFR Section 541.710, permits any absence from work or duty by a member of the Association for personal purposes (where the employee is unable to respond to an emergency incident) or for illness or injury shall be deducted from the employee's appropriate accrued leave bank. If insufficient accrued leave exists in the appropriate leave bank, an absence under these Regulations shall be without pay for any portion for which sufficient leave does not exist. Under this concept, the employee's exemption from overtime payments under the Fair Labor Standards Act (F.L.S.A.) is not affected. The City and Association agree, for the term of this Agreement, that the policies embodied in the United States Regulation 29 CFR Section 541.710 as they existed on the date this Agreement is approved shall apply as an agreed policy to the members of Association, unless prohibited by law.

14.4. Shift Trades

14.4.1. The trading of time between members of Association shall be as established by the Fire Chief.

SECTION 15 LIGHT DUTY

15.1. Light Duty in Lieu of Sick Leave

15.1.1. If an employee suffers a non-industrial debilitating injury (broken bones, strains, sprains, or other injury) or non-contagious illness and does not wish to use sick leave for the recuperation period, the employee may be assigned to a forty (40)-hour duty week at the discretion of the Fire Chief, or their designee, at their request without loss or modification of any rights, benefits, salary, accrual rates or other compensation items covered in this Agreement.

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15.2. Light Duty for Industrial Injury/Illness

15.2.1. The City, at its option, may assign an employee suffering from an industrial injury or illness to a fifty-six (56) or forty (40)-hour week at the discretion of the Fire Chief, or their designee. Employees so assigned will not lose any rights, benefits, salary, accrual rates, or other compensation items covered by this Agreement.

15.3. Modified Work Schedule

15.3.1. When an employee is assigned to a forty (40)-hour work week for light duty purposes, all leave banks and accrual rates shall remain the same as provided in Section 17.

SECTION 16 HOLIDAYS

16.1. Official Holidays

16.1.1. All employees covered under the terms and conditions of this Agreement shall be entitled to the following holidays, under the provisions of the remainder of this section:
• The first day of January (New Year’s Day)
• The third Monday in January (Dr. King’s Birthday)
• The third Monday in February (President’s Day)
• The last Monday in May (Memorial Day)
• The nineteenth of June (Juneteenth)
• The fourth day of July (Independence Day)
• The first Monday in September (Labor Day)
• The ninth day of September (Admission’s Day)
• The eleventh day of November (Veteran’s Day)
• The fourth Thursday of November (Thanksgiving Day)
• The day following Thanksgiving Day
• The twenty-fifth day of December (Christmas Day)
• The last working day before Christmas Day
• The first working day following Christmas Day

16.1.2. Employees Assigned to 56-Hour Work Week
Employees assigned to a 56-hour schedule shall not receive any additional compensation for working on a holiday and such employees shall not receive the holiday off if they are scheduled to work. In lieu of such holiday benefits, such employees shall be compensated for holidays at nine (9) hours twenty (20) minutes per month at the forty (40) hour rate or at fourteen (14) hours per month in holiday time if accrued, with a maximum accrual of 168 hours.

Employees must notify the Fire Chief if they wish to receive compensation or accrued leave in accordance with this section at the beginning of the calendar year. Employees may elect to change their selection between accrued leave or pay quarterly. If the employee does not initially make an election between compensation or accrued Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 18, Packet Page 39 MFCOA MOU July 1, 2024 – June 30, 2027 Page 15 of 23
leave, then the employee shall receive compensation.

16.1.3. Employees Assigned to a 40-Hour Schedule
Employees assigned to a forty (40) hour work schedule shall not be additionally compensated for holidays but shall take eight (8) hours of time off duty per holiday in accordance with Monterey City Code Section 25-12.04.

SECTION 17 LEAVE ACCRUAL AND USAGE

17.1. All leave accruals shall be based on the applicable work week (e.g. fifty-six (56)- hour duty schedule or forty (40)-hour duty schedule) as identified in Chapter 25 of the Monterey City Code.

17.2. Employees moving between a forty (40)-hour work schedule and a fifty-six (56)- hour work schedule, in excess of two (2) consecutive pay periods, shall have their vacation balances converted using a conversion factor of 1.4. No other leave balances will be converted.

17.3. Vacation/Entitlement

17.3.1. Employee entitlement of vacation hours shall be in accordance with Municipal Code Section 25.12.01 and as provided below:

Years of Continuous Services 40-hour week 56-hour week
Annual Accrual Annual Accrual
First 5 yrs 80 hrs 112 hrs
After 5 yrs 120 hrs 168 hrs
After 10 yrs 136 hrs 190 hrs
After 15 yrs 160 hrs 224 hrs
After 20 yrs 184 hrs 256 hrs

17.3.2. Vacation shall not accrue in excess of 320 (forty-hour work week) or 448 (fifty-six-hour work week) hours. Once an employee reaches this accrual limit, the employee shall not accrue additional vacation. Vacation accrual based on the employees’ accrual rates shall commence only after an employee has utilized vacation and accrual banks are below the 320 or 448 maximum allowed. Employees may cash-out vacation accrual in excess of 280 or 392 hours once per year, either at the end of the fiscal year or at the end of the calendar year. Exact cash out dates to be determined by Finance. Vacation accruals may be cashed out upon separation from City employment.

17.4. Vacation/Selection and Use

17.4.1. The selection and use of vacation hours shall be in accordance with Monterey Fire Department Policy as established by the Fire Chief.

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17.5. Management Unpaid Leave

17.5.1 With advanced department head approval, an employee on a forty (40) hour work week schedule may take up to forty (40) hours of Management Unpaid Leave per calendar year or fifty-six (56) hours of management unpaid leave for employees on a 56-hour work week schedule. Such leave may be taken in one (1) hour minimum increments.

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

17.6. Management Leave (Paid)

17.6.1. Employees shall be provided with “use it or lose it” management leave at the beginning of each calendar year. Unused time may not rollover to the next year, and there shall be no cash value for management leave time.
a. Employees on a forty (40)-hour work week shall be provided with 80 hours of leave.
b. Employees on a fifty-six (56)-hour work schedule shall be provided with forty-eight (48) hours of leave.
c. Effective July 1, 2024, Association members, at the time of signing this Agreement, will be credited an additional one (1)- time forty (40) hours of management leave for members on a forty (40)-hour schedule and an additional eight (8) hours of management leave for members on a fifty-six (56)-hour
schedule.

17.6.2. For those employees who are new to the Association (for example— a newly promoted Division Chief, or one who is hired to the Division Chief classification from another agency), the amount of provided management leave in the initial calendar year of appointment shall be prorated based on the following schedule according to hire date:
40-hour work schedule 56-hour work schedule
If hired January 1 to March 31 80 hours 48 hours
If hired April 1 to June 30 60 hours 36 hours
If hired July 1 to September 30 40 hours 24 hours
If hired October 1 to November 30 20 hours 12 hours
If hired December 1 to December 31 0 hours 0 hours

17.7 Sick Leave/Accumulation and Use

17.7.1 Sick leave accumulation and use shall be in accordance with Municipal Code Section 25-12.02, except as modified by Section 17.8 of this Agreement. Accrued sick leave may be utilized if the employee is required to be absent from work on account of non-job related illness or injury; routine medical or dental appointments; or for the care related to the illness or injury of the employee and children (biological, step, Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 20, Packet Page 41 MFCOA MOU July 1, 2024 – June 30, 2027 Page 17 of 23
adopted, foster, legal wards, or a child to whom the employee stands in loco parentis), parents (biological, adopted, step, foster, guardian, wards or in-laws), spouse, domestic partner, grandparent, grandchild, brother or sister.

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

17.8.1. Upon either the approval of an application by an employer for an industrial disability retirement, or upon the independent determination of the employer that an employee is industrially disabled, the employee shall not be entitled to use any remaining sick leave or any such remaining sick leave balance in the employee's account and, any remaining sick leave in the employee's account shall be void. An application for industrial disability retirement, either employee or employer originated, shall not affect the employee's right under Worker's Compensation laws, such as any otherwise existing right to temporary disability (including Labor Code Section 4850 benefits for safety officers).

17.9. Sick Leave Sell-Back Program

17.9.1. A represented employee with at least twenty (20) years of Monterey Fire Department service who retires on a regular, non-disability retirement may “sell back” up to fifty percent (50.0)% of the represented employee’s unused accumulated sick leave. The City shall pay for the sick leave at the base rate of pay on the day of retirement.

17.9.2. Any sick leave days a represented employee “sells back” shall not be converted to additional retirement service credit as provided under Section 11.2 of this Agreement.

17.9.3. In the event of a line of duty death of an employee, their estate shall be paid a sum of money equal to 100% of the value of any accrued but unused sick leave, calculated utilizing the base rate of pay of the employee at the time of death.

17.10. Sick Leave Used as Personal Leave

17.10.1. Up to twenty-four (24) hours of accrued sick leave may be taken as Personal Leave during the calendar year so long as the employee has a minimum of 160 hours of accrued sick leave on the books at the time their Personal Leave is taken. Approval for the use of Personal Leave shall otherwise be subject to the same use rules as vacation.

SECTION 18 BEREAVEMENT LEAVE

18.1. Leave Usage for Death of a Family Member (Bereavement Leave)

18.1.1. All employees may be authorized to use up to forty (40) or fifty-six (56) hours of accrued leave per calendar year, depending on the work Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 21, Packet Page 42 MFCOA MOU July 1, 2024 – June 30, 2027 Page 18 of 23
schedule, for the death of a family member or close relation. The maximum combined allowable use of leave for the above purposes shall not exceed eighty (80) hours in any calendar year.

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

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

SECTION 19 SHORT TERM / LONG TERM DISABILITY PLAN AND MAINTENANCE

OF BENEFITS
The City shall provide a City-paid combined insured Short-Term Disability / Long Term Disability Plan (STD/LTD). During the term of this Agreement, the City will pay any increase in costs and will retain any savings resulting from a decrease in cost for this plan.

19.1. Maintenance of Benefits

19.1.1. The City will provide the employee on an industrial or non-industrial disability protected leave of absence with benefits for up to a maximum of one (1) year per incident in accordance with state and federal law.

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

19.2. Leave Accrual

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

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

SECTION 20 SPECIAL ASSIGNMENT PAY
Monterey City Code Section 25-5.12 Special Assignment Pay, authorizes the City Manager or designee to give not less than two percent (2.0%) and not more than five percent (5.0%) in a Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 22, Packet Page 43 MFCOA MOU July 1, 2024 – June 30, 2027 Page 19 of 23
temporary pay adjustment. This section modifies that range to be not less than two percent (2.0%) and not more than twenty percent (20.0%). All other provisions of Monterey City Code Section 25-5.12 apply.

SECTION 21 CALIFORNIA STATE FIRE MARSHAL CHIEF OFFICER

CERTIFICATION
Employees who possess a California State Fire Marshal Chief Officer Certification shall receive a 2.5% premium pay on base salary.

SECTION 22 MATERNITY AND PARENTAL LEAVE

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

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

SECTION 23 TUITION REIMBURSEMENT PROGRAM
Tuition reimbursement allowance shall be $2,000.00 per fiscal year per employee. The program shall permit reimbursement for seminars and other accredited courses that are job related, course textbooks and travel, lodging and miscellaneous expenses.

SECTION 24 WELLNESS PROGRAM

24.1. Sports Center Pass

24.1.1. Upon complying with membership requirements employees shall receive annual, renewable and nontransferable employee-only passes to the Monterey Sports Center, valued at the current rates, and subject to rate increases, in order to implement their personal fitness programs. The Internal Revenue Service views the employee membership as taxable income. The details of the program shall be as outlined in “Fitness Program.” Use of the Sports Center will be limited to off-duty hours, unless the Fire Chief grants an exception in specified circumstances.

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

Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 23, Packet Page 44 MFCOA MOU July 1, 2024 – June 30, 2027 Page 20 of 23

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

24.1.4. New hires can enroll in the Fitness Program upon hire, and then during open enrollment thereafter. Employees can cancel enrollment in the Fitness Program during open enrollment.

24.2. No Smoking Policy

24.2.1. The Association and City agree that smoking is prohibited on and off duty, and that violation of the Department’s policy can subject an employee to discipline.

24.3. Physical Fitness Policy

24.3.1. Employees represented by the Association assigned to the fifty-six (56)-hour work week may participate in the Fire Department’s physical fitness program.

24.3.2. Employees represented by the Association assigned to the forty (40)-hour work week are eligible to participate in the City’s Fitness Plan where they work out off-duty (not considered work time for purposes of Workers’ Compensation injury or illness) in exchange for leave time accrued in a fitness bank.

24.3.3. Conditions for Qualifying
a. Employees are required to work out a minimum of 1,170 minutes per quarter in order to accrue ten (10) hours of leave. A session is considered to be any moderate or higher intensity physical activity lasting a minimum of fifteen (15) minutes.
b. Participants will sign a form demonstrating completion of each workout, which is based on the honor system. At the end of each quarter the form will be turned into the Human Resources Department and the ten (10) hours of leave will be credited to the exercise incentive time bank as soon as practical and will be available for immediate use by the employee.
c. Each calendar year a maximum of forty (40) hours can be accrued in a separate exercise incentive time bank, with a maximum of eighty (80) hours allowed in the bank. The exercise incentive time bank has no cash value and the time accrued in this bank has no expiration date.
d. Approval for the use of Leave shall otherwise be subject to the same use rules as vacation and requires advance Department Head or their designee’s approval.
e. Participation is voluntary and for those electing to participate, an Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 24, Packet Page 45 MFCOA MOU July 1, 2024 – June 30, 2027 Page 21 of 23
annual physical fitness assessment at the Monterey Sports Center, which can be used as a thirty (30)-minute workout session is encouraged. Individual results of the physical fitness assessment will be confidential between the Monterey Sports Center and the employee.
f. Participation is voluntary and for those electing to participate, an annual physical fitness assessment at the Monterey Sports Center, which can be used as a thirty (30)-minute workout session is encouraged individual results of the physical fitness assessment will be confidential between the Monterey Sports Center and the employee.
g. Submitting a Fitness Plan Waiver form to Human Resources is required to participate in this program.

24.4. Employee Assistance Program

24.4.1. Employees represented by the Association shall have available to them the full range of wellness services offered through the City’s contract with the Employee Assistance Program provider.

SECTION 25 UNIFORMS

25.1. The parties agree that represented employees shall wear a uniform in accordance with Department policy while on duty and while representing the Monterey Fire Department

25.2. The City agrees to provide Uniform Allowance pay of $130.00 per month for represented employees.

SECTION 26 PROVISIONS OF LAW
This Agreement is subject to all current and future applicable federal and state laws and regulations. If any part or provision of this Agreement is in conflict or inconsistent with such applicable laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulation and the remainder of this Agreement shall not be affected thereby.

SECTION 27 FULL UNDERSTANDING, MODIFICATION AND WAIVER

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

27.2. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to negotiate with respect to any subject or matter covered herein or with respect to any other matters within the scope of Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 25, Packet Page 46 MFCOA MOU July 1, 2024 – June 30, 2027 Page 22 of 23
representation during the term of this Agreement.

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

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

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

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

Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 26, Packet Page 47 MFCOA MOU July 1, 2024 – June 30, 2027 Page 23 of 23
------------------------------------------------------------------------------------------------------------------------------ The parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding the day, month and year noted below.

CITY OF MONTEREY MONTEREY FIRE CHIEF

OFFICERS ASSOCIATION

Dated: ________________________ Dated: ________________________ _______________________________ _______________________________ Hans Uslar, City Manager Greg Greenlee, MFCOA President

Dated: _________________________ Dated: __________________________ _______________________________ _______________________________ Brette Neal, HR Director Chris Grogan, MFCOA Vice-President Dated: _________________________
_______________________________
Rafaela King, Finance Director
Council Regular Meeting, 11/19/2024, Item No. 3., Item Page 27, Packet Page 48 Council
Agenda Report
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Janna Aldrete, Property Manager
SUBJECT: Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 9 Wharf II (Sandbar & Grill); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties:

Craig Ling; Under Negotiation: Price and Terms of Payment for Lease Extension (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council appoint agency negotiators for a conference with real property negotiators pursuant to Government Code Section 54956.8 to discuss and provide confidential direction regarding a lease extension for the premises located at 9 Wharf II, Sandbar & Grill.

VALUE DRIVERS:

POLICY IMPLICATIONS:

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

The Surplus Land Act does not apply to Tidelands property.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: It does not apply to the appointment of negotiators; it does apply to lease approval.

FISCAL IMPLICATIONS:

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

ENVIRONMENTAL DETERMINATION:

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

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 Date: 11/19/2024
Item No.: 4.

Council Regular Meeting, 11/19/2024, Item No. 4., Item Page 1, Packet Page 49 №10/24
cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The City Council could decide not to appoint negotiators or appoint different negotiators. This is not recommended by staff. It is appropriate that the Council appoint agency negotiators and authorize a confidential discussion regarding the lease extension.

DISCUSSION:

Mr. Craig Ling has leased the property located at 9 Wharf II since 2002 when he was assigned the existing ground lease from Cereus, Inc. The Sandbar & Grill is a successful restaurant located on Wharf II and provides a unique waterside view of the harbor.

The current ground lease is scheduled to expire December 31, 2024, and Mr. Ling has requested to extend the lease.

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

JA/ad
e: Craig Ling
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.gov/Submitted-Comments
Council Regular Meeting, 11/19/2024, Item No. 4., Item Page 2, Packet Page 50 Council
Agenda Report
FROM: Hans Uslar, City Manager
Prepared By: Clementine Bonner Klein, City Clerk
SUBJECT: Authorize Mayor Williamson to Sign the Sister City Protocol Agreement between City of Monterey and Kuşadası Municipality, Republic of Türkiye (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council authorize Mayor Williamson to sign the Sister City Protocol agreement between the City of Monterey and Kuşadası Municipality, Republic of Türkiye.

VALUE DRIVER:

POLICY IMPLICATIONS:

The Sister City Program, which the City established in 1963, benefits Monterey by providing decision-makers and staff the opportunity to learn from other cities around the world that deal with similar issues and have similar goals.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: Yes.

FISCAL IMPLICATIONS:

There are no fiscal impacts that will result from signing the protocol agreement.

ENVIRONMENTAL DETERMINATION:

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

Date: 11/19/2024
Item No.: 5.

Council Regular Meeting, 11/19/2024, Item No. 5., Item Page 1, Packet Page 51 №10/24
ALTERNATIVES CONSIDERED:

The Council could decline to authorize the signing of the protocol agreement.

DISCUSSION:

The City of Monterey formed a sister city relationship with Kuşadası Municipality, Republic of Türkiye (Kusadasi, Turkey), on August 23, 2012, noting that the cities share common interests such as development of sustainable tourism and cultural history.

A Sister City Agreement was signed to establish economic, cultural, and political exchanges during a ceremony in Monterey held on Thursday, August 23, 2012. Then-Mayor Chuck Della Sala and Kuşadası City Councilmember Murat Sarac formalized the ties between Monterey and Kuşadası that were first established in 2006.

Kuşadası is a resort town on Türkiye’s
Aegean Coast with a local economy built
on tourism. Kuşadası is home to more
than 64,000 people year-round and
accommodates over half a million people
during the summer tourist season.

Kuşadası is located on a scenic
crescent-shaped waterfront with beaches
and a modern port. Türkiye has existing
ties with institutions in Monterey,
including the Naval Postgraduate School,
Middlebury Institute of International
Studies at Monterey, and the Defense
Language Institute.

In October 2024, the Kuşadası
Municipality requested adoption of a
Sister City Protocol agreement between
the two cities, in order to meet their
overseeing Ministry’s directives regarding
the procedures and establishment of sister cities and protocols. The Protocol Agreement states that all parties agree to cooperation on topics including:
 Culture, Sports, and the Arts
 Tourism
 Public Health
 Ecology and Energy
 Social Inclusion
 Collaboration in Education
Staff recommends that the Council authorize Mayor Williamson to sign the attached Sister City Protocol agreement.

HU/cbk
Map: Location of Kuşadası, Türkiye
Council Regular Meeting, 11/19/2024, Item No. 5., Item Page 2, Packet Page 52 №10/24
Attachments: 1. Sister City Protocol agreement in English

2. Sister City Protocol agreement in Turkish
e: Dilek Mestanoğlu, Foreign Relations Secretary, Kuşadası Municipality Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.gov/Submitted-Comments
Council Regular Meeting, 11/19/2024, Item No. 5., Item Page 3, Packet Page 53 ATTACHMENT 1
1 SISTER CITY PROTOCOL

BETWEEN
KUSADASI MUNICIPALITY, REPUBLIC OF TÜRKİYE
AND

MUNICIPALITY OF MONTEREY, UNITED STATES OF AMERICA
Through this protocol, the Kuşadası Municipality of the Republic of Türkiye, represented by Mayor Ömer GÜNEL, and the City of Monterey, United States of America, represented by Mayor Tyller WILLIAMSON, hereinafter referred to as the “Parties,” have signed a Sister City Protocol. This agreement aims to provide mutual benefits and foster cooperation in the social, economic, and cultural fields for the cities they represent.

Article 1

1.1 The Parties intend to develop bilateral relations rooted in friendship, guided by the principles of mutual respect, trust, cooperation, and equality, in accordance with the existing legal regulations of both countries.

1.2 The Parties will collaborate with local organizations, non-governmental organizations, chambers of commerce, educational institutions, international organizations, and other relevant stakeholders throughout the project and cooperation processes. This partnership aims to raise awareness of the sister city relationship and enhance its overall efficiency.

Article 2
The Parties agree to develop joint projects and cooperation in the following areas.

2.1 Culture, Sports, and Arts
The Parties will engage in discussions about project implementation opportunities focused on enhancing experience and collaboration in the areas of culture, sports, and the arts, particularly for youth and women. As opportunities present themselves, both Parties will coordinate activities such as sports events, music performances, dance programs, and other similar initiatives, all aimed at maximizing the value added to their respective cities.

2.2 Tourism
The Parties aim to exchange information and develop projects focused on promotional opportunities, including exhibitions, fairs, festivals, conferences, symposiums, seminars, and other similar events, to foster tourism development in both cities.

2.3 Public Health
The Parties aim to exchange information about local public health institutions and to develop collaborative projects that enhance cooperation within the public health sector.

Council Regular Meeting, 11/19/2024, Item No. 5., Item Page 4, Packet Page 54 ATTACHMENT 1
2 2.4 Ecology and Energy
The Parties aim to exchange best practices in energy conservation, energy efficiency, and ecological projects, fostering collaborative efforts in these areas.

2.5 Social Inclusion
The Parties aim to share and enhance information on initiatives and potential collaborations focused on vulnerable groups, including women, youth, children, individuals with disabilities, and homeless children, within their communities.

2.6 Collaboration in Education
The Parties will keep each other informed about opportunities for exchange programs between educational institutions to foster intercultural dialogue. Furthermore, they will collaborate on internship and vocational training initiatives in both cities, aimed at equipping students for professional careers and enhancing the professional development of employees.

2.7 Economic Collaboration
The Parties aim to enhance bilateral cooperation with small and medium-sized enterprises to promote collaboration in the tourism sector and the production and marketing of agricultural products. Additionally, they seek to develop projects for organizing and implementing exhibitions and fairs showcasing entrepreneurial products.

Article 3

3.1 This Cooperation Protocol agreement has been prepared for an indefinite duration and will take effect immediately upon signature.

3.2 The Cooperation Protocol agreement has been established with the understanding that the objectives will be pursued in good faith, while acknowledging that other pressing local priorities may restrict the time and resources available for this program.

3.3 This Protocol may be amended or supplemented by mutual agreement through a written request from either Party. Any changes or additions will take effect immediately upon signature.

3.4 Either Party may terminate this Cooperation Protocol agreement by providing written notice to the other Party. The termination will take effect on the date the written notice is received.

3.5 This Cooperation Protocol has been executed in two original copies, each in Turkish and English, with both versions holding equal authenticity.

Date: _________________, 2024
Ömer GÜNEL Tyller WILLIAMSON
Mayor of Kuşadası Mayor of Monterey
Council Regular Meeting, 11/19/2024, Item No. 5., Item Page 5, Packet Page 55 ATTACHMENT 2
1 TÜRKİYE CUMHURİYETİ KUŞADASI BELEDİYESİ
İLE
AMERİKA BİRLEŞİK DEVLETLERİ MONTEREY BELEDİYESİ

ARASINDA
KARDEŞ ŞEHİR PROTOKOLÜ
İşbu protokol ile bundan sonra “Taraflar” olarak anılacak, Belediye Başkanı Ömer GÜNEL tarafından temsil edilen Türkiye Cumhuriyeti Kuşadası Belediyesi ile Belediye Başkanı Tyller WILLIAMSON, tarafından temsil edilen Amerika Birleşik Devletleri Monterey Belediyesi; sosyal, ekonomik ve kültürel alanlarda temsil ettikleri şehirlerine ortak fayda sağlamak ve işbirliğini geliştirmek amacıyla, Kardeş Şehir Protokolü’ nü akdetmişlerdir.

Madde-1

1.1 Tarafların niyeti, karşılıklı saygı, güven, işbirliği ve eşitlik ilkesine uygun olarak ve aynı zamanda iki ülkenin mevcut yasal düzenlemelerine uygun olarak, aralarındaki dostane ilişkilere dayalı ikili ilişkiler geliştirmek için çalışmaktır.

1.2 Taraflar, proje ve işbirliği süreçlerinde; yerel kuruluşlar, sivil toplum kuruluşları, esnaf odaları, eğitim kurumları, uluslararası örgütler v.b. kuruluşlar ile birlikte çalışarak, kardeş şehir ilişkisini toplumsallaştırır ve kardeş şehir verimliliğini artırmak için çalışacaklardır.

Madde-2
Taraflar, aşağıda yer alan alanlarda ortak proje ve işbirliği geliştirmek hususunda mutabık kalmışlardır;

2.1 Kültür-Spor-Sanat
Taraflar, özellikle gençler ve kadınlar için kültür, spor ve sanat alanlarında deneyim ve iş birliği geliştirmeyi amaçlayan proje uygulama fırsatları hakkında iletişim kuracaklardır.

Fırsatlar ortaya çıktıkça, her iki taraf da mümkün olduğunca şehirlerine değer katacak spor, müzik, dans ve benzeri diğer faaliyetler gibi faaliyetleri planlayacaktır.

2.2 Turizm
Taraflar, her iki şehirde turizmin gelişmesi için farklı alanlarda tanıtım fırsatları (sergi, fuar, festival, konferans, sempozyum, seminer, form ve benzeri etkinlik araçları) hakkında bilgi paylaşımında bulunmayı ve projeler geliştirmeye amaçlamaktadır.

2.3 Halk Sağlığı
Taraflar, halk sağlığı sektöründe işbirliğini geliştirme kapsamında yerel düzeyde yürütülen ilgili kuruluşlara ilişkin bilgileri paylaşmayı ve bu alanda projeler oluşturmayı amaçlamaktadır.

Council Regular Meeting, 11/19/2024, Item No. 5., Item Page 6, Packet Page 56 ATTACHMENT 2
2 2.4 Ekoloji ve Enerji
Taraflar, enerji tasarrufu, enerji verimliliği ve ekoloji projelerindeki örnek uygulamaları paylaşmayı ve işbirliğini geliştirmeyi amaçlamaktadır.

2.5 Sosyal İçerme
Taraflar, şehirdeki hassas gruplar (kadınlar, gençler, çocuklar, engelliler, sokak çocukları) ile ilgili olarak yürütülen çalışmalar ve olası işbirlikleri hakkında bilgi paylaşmayı ve geliştirmeyi amaçlamaktadır.

2.6 Eğitim Alanında İş Birliği
Taraflar, kültürlerarası diyaloğun geliştirilmesine katkı sağlamak amacıyla eğitim kurumları arasında değişim programları imkânları ile öğrencileri iş hayatına hazırlamak ve çalışanların mesleki gelişimini sağlamak amacıyla her iki şehirde staj ve mesleki eğitim iş birliği projeleri konularında birbirlerine bildirimde bulunacaklardır.

2.7 Ekonomik Alanda İş Birliği
Taraflar, turizm ve tarımsal ürünlerin üretimi ve pazarlanması alanlarında sektörlerde işbirliğini sağlamak amacıyla küçük ve orta ölçekli işletmelerle ikili işbirliğini geliştirmeyi ve girişimci ürünlerin sergi ve fuarlarının organizasyonu ve uygulanması için projeler geliştirmeyi amaçlamaktadır.

Madde-3

3.1 İşbu İşbirliği protokolü süresiz olarak hazırlanmış olup, imzalandığı andan itibaren yürürlüğe girecektir.

3.2 Bu İşbirliği Protokolü, hedeflerin üzerinde en iyi niyetle çalışılacağı anlayışıyla, ancak aynı zamanda diğer, daha acil, yerel önceliklerin, bu programa büyük kaynaklar ayırmak için zaman ve personel sayısının sınırlı olduğu anlamına gelebileceği kabul edilerek hazırlanmıştır.

3.3 Söz konusu protokol; taraflardan birinin yazılı talebi üzerine karşılıklı anlaşma ile değiştirilebilir veya bunlara ek yapılabilir. Değişiklikler/eklemeler imzalandığı andan itibaren geçerli olacaktır

3.4 Taraflardan herhangi biri, diğer tarafa yazılı bildirimde bulunarak bu İşbirliği Anlaşmasını feshedebilir. Sözleşmenin feshi, yazılı fesih bildiriminin ele geçmesi tarihinden itibaren yürürlüğe girecektir.

3.5 İşbu İşbirliği Protokolü; her biri Türkçe ve İngilizce dillerinde olmak üzere ve tüm metinler eşit derecede geçerli olmak üzere iki asıl nüsha halinde hazırlanmıştır. ……. /……….…/2024
Ömer GÜNEL Tyller WILLIAMSON
Kuşadası Belediye Başkanı Monterey Belediye Başkanı
Council Regular Meeting, 11/19/2024, Item No. 5., Item Page 7, Packet Page 57 Council
Agenda Report
FROM: Andrea Renny, PE, P.T.O.E, Public Works Director
Prepared By: Marissa Garcia, Engineering Assistant
SUBJECT: Authorize a Letter in Support of Grant Funding for the SR 156 – Castroville Boulevard Interchange Project (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council authorize a letter on behalf of the City supporting the application for grant funding by the Transportation Agency for Monterey County (TAMC) to the Senate Bill 1 2024 Trade Corridor Enhancement Program (TCEP) and Local Partnership Program for the SR 156 – Castroville Boulevard Interchange Project.

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:

The grant application for the SR 156 – Castroville Blvd. Interchange Project submitted by the Transportation Agency for Monterey County (TAMC) would support regional efforts to improve transportation safety and access for residents, visitors, and commerce to and from the Monterey Peninsula.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

There are no fiscal implications with the City Council authorizing the Mayor to sign this Letter of Support.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 11/19/2024, Item No. 6., Item Page 1, Packet Page 58 №10/24
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 send a letter in support of the project, but this is not recommended due to the potential benefits that supporting this project could bring to the residents and visitors of the Monterey Peninsula including the City of Monterey.

DISCUSSION:

When the California Legislature adopted SB 1, the Road Repair and Accountability Act of 2017, it established the Trade Corridor Enhancement Program (TCEP) and Local Partnership Program. The intent of the program was to provide funding for projects which would improve the movement of freight more efficiently on corridors with high volumes of freight. These projects increase the use of on-dock rail, improve safety by eliminating at-grade crossings, reduce impacts to surrounding communities, reduce border wait times, and increase rail capacity with double tracking.

The TCEP and Local Partnership Program would support the TAMC’s effort to improve regional safety and mobility in the SR 156-Castroville Boulevard Interchange Project. The project aims to deliver essential safety benefits, enhance traffic flow, and reduce emissions in a rural, underserved community. State Route 156 serves as the main access route for goods movement, residents, and visitors to and from the Monterey Peninsula. The project includes converting the current at-grade signalized intersection into a new grade-separated interchange, building roundabouts at ramp intersections, and adding sidewalks, bicycle lanes, and a shared-use path that connects to the existing bicycle/pedestrian bridge over the Union Pacific Railroad. These improvements will facilitate efficient goods movement through the interchange, supporting the agriculture industry’s economic impact to the Monterey County economy of $11.9 billion.

Additionally, the project will improve safety for vehicles and trucks on SR 156 and nearby intersections, and provide safe, connected facilities for bicyclists and pedestrians. It would also enhance non-motorized access to North County Monterey County High School, the Moro Coho low-income housing community, and planned affordable housing developments along Castroville Boulevard.

The City of Monterey supports TAMC’s application for the SR 156-Castroville Boulevard Interchange Project to improve safety, reduce greenhouse-gas emissions by reducing traffic congestion, and promoting walking and biking for residents and visitors of Monterey County.

This letter would be signed by the Mayor on behalf of the City and addressed to Tanisha Taylor, the Executive Director of the California Transportation Commission.

AR/mg
Attachments: 1. Draft Letter of Support
e: Janneke Strause, Transportation Agency for Monterey County Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.gov/submitted-comments.

Council Regular Meeting, 11/19/2024, Item No. 6., Item Page 2, Packet Page 59

ATTACHMENT
CITY HALL • MONTEREY • CALIFORNIA • 93940 • 831.646.3760 Website • www.monterey.org
November 20, 2024
Tanisha Taylor
Executive Director
California Transportation Commission
1120 N Street, MS 52
Sacramento, CA 95814
Subject: Letter of Support for the SR 156-Castroville Blvd Interchange Project Dear Ms. Taylor:

On behalf of the City of Monterey, I am writing to express our support for the California Department of Transportation (Caltrans) and the Transportation Agency for Monterey County (TAMC) pursuing Senate Bill 1 2024 Trade Corridor Enhancement Program (TCEP) and Local Partnership Program Competitive funding for the State Route 156 / Castroville Boulevard Interchange project.

This project aims to deliver essential safety benefits, enhance traffic flow, and reduce emissions in a rural, underserved community. State Route 156 serves as the main access route for both residents and visitors to the Monterey Peninsula. The project includes converting the current atgrade signalized intersection into a new grade-separated interchange, building roundabouts at ramp intersections, and adding sidewalks, bicycle lanes, and a shared-use path that connects to the existing bicycle/pedestrian bridge over the Union Pacific Railroad. These improvements will facilitate efficient goods movement through the interchange, supporting the $11.9 billion annual economic impact generated by Monterey County's agricultural industry. Additionally, the project will improve safety for vehicles and trucks on SR 156 and nearby intersections, and provide safe, connected facilities for bicyclists and pedestrians. It will also enhance non-motorized access to North County Monterey County High School, the Moro Coho low-income housing community, and planned affordable housing developments along Castroville Boulevard.

The City of Monterey supports the proposal and looks forward to this project to make our communities safer and more comfortable to bike and walk.

Thank you for your consideration of this proposal.

Sincerely,
Mayor Tyller Williamson
On behalf of the Monterey City Council
Council Regular Meeting, 11/19/2024, Item No. 6., Item Page 3, Packet Page 60 Council
Agenda Report
FROM: Kimberly Cole, AICP, Community Development Director Levi Hill, AICP, Planning Manager
Prepared By: Christy Sabdo, AICP, Principal Planner
SUBJECT: Authorize Letter to the Monterey County Board of Supervisors in Response to the Notice of Preparation of a Draft Program Environmental Impact Report for the County of Monterey’s Sixth Cycle Housing Element (2023-2031) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council authorize the City Manager to sign a letter on behalf of the City of Monterey in response to the Notice of Preparation of a Draft Program Environmental Impact Report for the County of Monterey’s Sixth Cycle Housing Element (2023-2031).

VALUE DRIVERS:

POLICY IMPLICATIONS:

The City of Monterey would send a letter to the Monterey County Board of Supervisors requesting intergovernmental coordination regarding public services for any housing inventory sites selected as part of the County’s Sixth Cycle Housing Element or if selected as an alternative in the Environmental Impact Report the County will be preparing.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

There are no fiscal implications with the City Council authorizing the City Manager to sign the letter.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 11/19/2024, Item No. 7., Item Page 1, Packet Page 61 №10/24
activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The City Council could choose not to support this letter.

DISCUSSION:

In October 2024, the County of Monterey released a Notice of Preparation for a Draft Program Environmental Impact Report to be prepared for the County of Monterey Sixth Cycle Housing Element (2023-2031) Project. The Project involves amending the County of Monterey General Plan to update the Housing Element for the Sixth Cycle 2023-2031 planning period, as well as amending other components of the General Plan, including the Circulation Element, Conservation and Open Space Element, Land Use Element, Public Services Element, Carmel Valley Master Plan, Central Salinas Valley Area Plan, Fort Ord Master Plan, Greater Monterey Peninsula Area Plan, Greater Salinas Area Plan, North County Area Plan, Toro Area Plan; and to Local Coastal Program components, including the Carmel Area Land Use Plan and North County Land Use Plan, amendments to the Monterey County Zoning Code (Title 20 Coastal Zone and Title 21 Inland Areas), and other approvals as necessary to implement the Housing Element and comply with state law.

The draft Housing Element establishes programs, policies, and actions to further the goal of meeting the existing and projected housing needs for residents of all income levels throughout the unincorporated areas of Monterey County. The Housing Element explains processes by which the County proposes to accommodate the Regional Housing Needs Allocation (“RHNA”) assigned to the County through the year 2031. The required RHNA assigned for unincorporated Monterey County for the Sixth Cycle totals 3,326 units over the eight-year planning period (2023-2031).

Previous drafts1 of the County’s draft Housing Element proposed approximately 1,418 new housing units in the area known as Tarpey Flats (Figure 1). An area that is included in the City of Monterey’s Highway 68 Area Plan. In response to this draft Housing Element release, the City Manager sent a letter to the County Board of Supervisors expressing the need for coordination between the City and County in regard to the funding and delivery of emergency services in this area, shared funding between the City and Monterey County Regional Fire Protection District for a new fire station and ongoing personnel costs for the station, coordination with Local Agency Formation Commission review, and other concerns relating to service delivery in the Tarpey Flats area.
1 View the previous Sites Inventory Map from May 2024 and the most recent Site Inventory Map from August 2024 at this link: https://www.countyofmonterey.gov/government/departments-a-h/housingcommunity-development/planning-services/advance-planning/ordinances-plans-underdevelopment/general-plan-elements-update-housing-element-6th-cycle-update-2023-2031-ref220020- lrpwp-task-no-21-02
Council Regular Meeting, 11/19/2024, Item No. 7., Item Page 2, Packet Page 62 №10/24
Figure 1. Previous Housing Element Site’s Inventory (May 2024) The latest draft Housing Element shared through the release of the Notice of Preparation excludes the Tarpey Flats area.

However, a developer recently submitted an application to the County of Monterey for preliminary review of a 120-unit low-density residential development in the Tarpey Flats area under the “Builder’s Remedy,” a provision of California's Housing Accountability Act that prevents jurisdictions without a substantially compliant housing element from denying certain housing projects, even if such projects do not comply with the jurisdiction's zoning ordinance or general plan. It is possible that the County will revert back to their original proposal to include approximately 1,418 new housing units in the Tarpey Flats area in their final EIR.

The City would like to send a letter to the County Board of Supervisors in response to the NOP expressing similar comments on the Tarpey Flats area, in the event that housing is considered again for this area or is considered an alternative in the EIR.

KC/LH/cs
Attachments: 1. Draft Letter
e: Jamie Scott Guthrie, AICP, Senior Planner
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.gov/submitted-comments
Council Regular Meeting, 11/19/2024, Item No. 7., Item Page 3, Packet Page 63

ATTACHMENT
November 20, 2024
County of Monterey
Board of Supervisors
168 W Alisal St., 1st Floor
Salinas, CA 93901
Via e-mail: [email protected], [email protected], and [email protected]
Re: County of Monterey – Notice of Preparation Public Review Period for the Sixth Cycle Housing Element (2023-2031)
Dear Members of the Board of Supervisors,
The City of Monterey ("City") appreciates the opportunity to provide public comment on the Notice of Preparation for the Program Environmental Impact Report for the County of Monterey's Sixth Cycle Housing Element (2023-2031).

One of the City's value drivers is to "support efforts and policies that provide equitable access to affordable housing in Monterey and the region," and commends the County of Monterey for its efforts to work towards that goal through its own Housing Element.

The City of Monterey understands that Monterey County has removed the Tarpey Flats area (APNs: 101-231-005-000, 259-011-064-000, 259-011-072-000, and 259-011-073-000) as an opportunity site (as shown on Figure 2d of Environmental Scoping Supplement to the NOP).

However, in the event that the Tarpey Flats site is again added as an opportunity site in the Housing Element or it is presented as an alternative to be analyzed in the EIR, the City would like to reiterate our previous comments sent in a letter, dated June 10, 2024, to the Board of Supervisors as summarized below by topic:

Ownership
 The City questions if APN 101-231-005-000 is jointly owned by the City of Monterey and County of Monterey. We believe this property is owned entirely by the City of Monterey and would like to engage with the County to further clarify ownership.

Council Regular Meeting, 11/19/2024, Item No. 7., Item Page 4, Packet Page 64

Page 2 ends

Emergency Services
The City has concerns about the Monterey County Sheriff's Office and Monterey County Regional Fire Protection District's ability to provide adequate emergency services provided in the Tarpey Flats areas located directly adjacent to the City of Monterey.

Fire Protection, Prevention, and EMS
The Tarpey Flats area adjacent to the City of Monterey is located in the Monterey County Regional Fire Protection District (MCRFPD) and is classified as high or very high Fire Hazard Severity Zones (FHSZ). The nearest MCRFPD fire station, Laureles Station (Station 3) is located approximately six (6) miles away at 31 Laureles Grade. As such, auto aid and mutual aid to the Tarpey Flats area is provided by the City of Monterey's Fire Department. The City of Monterey's fire resources are currently limited in this area, and the City is already the "first due" in several of the County of Monterey's unincorporated areas such as Tarpey Flats, Josselyn Canyon, and Monterra.
 The City of Monterey is concerned that further development in the Tarpey Flats area would increase the demand on the City without any commitment or plan to fund fire service needs in the area or reimburse the City of Monterey for providing primary fire and emergency service response to any new housing units that may be proposed to be built in this area.  While the Monterey Fire Department is an automatic aid and mutual aid partner with MCRFD, additional development in the area would result in an automatic aid imbalance, where the City would considerably provide more aid to MCRFD than it receives. The City's taxpayers should not bear the burden of providing disproportionate levels of services to unincorporated areas of the County of Monterey.
 The City requests a shared funding plan between the City and MCRFPD for a new fire station and the ongoing operational costs of a new fire station in the Tarpey Flats area before any new housing units are approved or built.

Police Protection
 The City also remains concerned about police response services in the Tarpey Flats area.

Increased development may also put increasing pressure and demands on the Monterey Police Department to provide automatic aid to emergency response to the proposed housing units, since there may be limited resources available from the Monterey County Sheriff's Office. A funding and police response plan should be developed.

LAFCO
 Any development in this area should be reviewed according to Local Agency Formation Commission (LAFCO)'s 2020 Municipal Service Review (MSR) and Sphere of Influence Study: Special Districts Providing Fire Protection and Emergency Medical Services in Unincorporated Monterey County. The study cites how cities and their surrounding rural fire Council Regular Meeting, 11/19/2024, Item No. 7., Item Page 5, Packet Page 65

Page 3 ends

districts in the Salinas Valley join together to provide fire protection; for example, the Gonzales, Mission Soledad Rural, and Greenfield Fire Protection Districts receive fire protection services from the cities they surround and have other shared resources such as the joint purchasing of equipment, fire training, and more.

Demand on City Resources and Programs
Any future planned new housing units in the Tarpey Flats area directly adjacent to the City's boundary would increase other demand on other City of Monterey resources, including library, parks, recreation, trails, and other programs.
 The City is interested in exploring a discussion where a portion of the County's property tax revenue in the area would fund the increased demand for services provided by the City of Monterey.

In summary, the City of Monterey requests if new housing is considered again in the Tarpey Flats area that the potential increase in demand for City services be considered.

If you have any questions regarding the City's position on the County's Draft Housing Element, please contact my office at (831) 646-3760 or email [email protected]. Thank you.

Sincerely,
Hans Uslar
City Manager, City of Monterey
Cc: City of Monterey, Mayor and City Council
City Attorney
Assistant City Manager
Community Development Director
Fire Chief
Police Chief
Fisherman Flat’s Neighborhood Association
Council Regular Meeting, 11/19/2024, Item No. 7., Item Page 6, Packet Page 66 Council
Agenda Report
FROM: Andrea Renny, Public Works Director
Prepared By: Cody Hennings, Engineering Assistant
SUBJECT: Vacate a Portion of the Unimproved Right of Way on Manzanita Street at Johnson Street (Exempt from CEQA per Article 19, Section 15305, Class 5) RECOMMENDATION:

That the City Council hear evidence offered by persons interested and if the City Council finds from all evidence that a portion of the right of way is unnecessary for present or prospective use, adopt a Resolution vacating that unimproved portion of the right of way on Manzanita Street at Johnson Street with retention of a public utility easement.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

The City of Monterey General Plan Map 5 (Showing Street Classifications) identifies Manzanita Street as a Local Street. The proposed vacation is consistent with the City of Monterey General Plan because the subject portion of the street is currently unbuilt and is infeasible for future construction. Additionally, the remaining built portion of Manzanita Street will continue to function as a local street.

On May 14, 2024, pursuant to Streets & Highway Code section 8313 and Government Code section 65402, the Planning Commission considered the location, purpose, and extent of the proposed right of way vacation, and determined it conformed with the general plan.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: Yes.

FISCAL IMPLICATIONS:

If the City of Monterey is not utilizing a public right of way, it reverts to the adjacent property owner. No fiscal exchange occurs for vacations.

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15305, Class 5) because the project proposes to vacate a portion of Manzanita Street. This is a minor alteration in land use limitations.

Date: 11/19/2024
Item No.: 8.

Council Regular Meeting, 11/19/2024, Item No. 8., Item Page 1, Packet Page 67 №10/24
Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The vacation of a portion of the right of way will not impact any environmental resource; 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. The vacation of a portion of the right of way is a limited project scope and will not create cumulative impacts;
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. The vacation of a portion of the right of way will not have a significant effect because it is an ownership change that results in limited physical changes in the environment;
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 area is not 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. The project area is not located on a hazardous waste site; 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 vacation of a portion of the right of way will not have an impact on historic resources because it is a change of ownership that results in limited physical changes in the environment.

ALTERNATIVES CONSIDERED:

The City Council could choose to not vacate the portion of the right of way on Manzanita Street.

The land adjacent to the property would remain public right of way owned and maintained by the City.

DISCUSSION:

Jaedra Luke, property owner of 899 Johnson Street, has submitted a request that the City of Monterey vacate a portion of the public right of way along the unbuilt portion of Manzanita Street. The property ownership in fee title typically extends to the centerline of the streets, whereas the right of way is an overlaid easement. When vacating the right of way, the easement is simply abandoned and the portions extending to the centerline become unincumbered with the adjacent landowner retaining ownership. Here, the City confirmed that Council Regular Meeting, 11/19/2024, Item No. 8., Item Page 2, Packet Page 68 №10/24
the property at 899 Johnson Street owns the underlying fee title, not the City. Therefore, the vacated easement area will revert to the property at 899 Johnson Street.

Figure 1: Aerial image depicting the general area of right of way that is proposed to be vacated including a 10-footwide public utility easement.

The Streets and Highways Code (Section 8320) states:

The City Council may initiate a proceeding to vacate a street or easement on its own initiative or upon a petition or request of an interested person, at the discretion of the City Council. The City Clerk then sets a hearing by fixing the date, hour and place of the hearing and cause the publishing and posting of the notice of the public hearing.

On October 1, 2024, The City Council adopted Resolution 24-158 and set this public hearing date to consider this matter.

The Government Code 65402 and Streets and Highway Code 8313 require the Planning Commission to review the proposed street vacation for conformity with the City General Plan.

Government Code 65402
a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure 10 foot Wide Utility
Easement
Proposed Right-ofWay to be Vacated
Council Regular Meeting, 11/19/2024, Item No. 8., Item Page 3, Packet Page 69 №10/24
have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. The planning agency shall render its report as to conformity with said adopted general plan or part thereof within forty (40) days after the matter was submitted to it, or such longer period of time as may be designated by the legislative body.

Streets and Highways 8313
a) If the proposed vacation of a street, highway, or public service easement is within an area for which a general plan is adopted by a local agency, the legislative body of the public entity shall consider the general plan prior to vacating the street, highway, or public service easement.

On May 14, 2024, the Planning Commission reviewed the proposed vacation and determined the action was consistent with the City of Monterey General Plan Map 5 (Showing Street Classifications) because the map identifies Manzanita Street as a local street and the section of built street that will not be vacated will continue to function as a local street.

The City Clerk published notice of this hearing for two successive weeks pursuant to Street & Highways Code section 8322. Staff posted conspicuous notices of the proposed vacation along the line of the right of way pursuant to Streets & Highways Code section 8323.

Furthermore, the City does not have any current or future plans to develop or improve this section of Manzanita Street. Staff supports the proposed street vacation with the retention of a ten (10) foot wide public utility easement.

AR/ch
Attachments: 1. Draft Resolution

2. Legal Description
e: Andrew Easterling, City Engineer
Max Rieser, Senior Engineer
Jaedra Luke, Applicant
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.gov/Submitted-Comments
Council Regular Meeting, 11/19/2024, Item No. 8., Item Page 4, Packet Page 70 RESOLUTION NO. __-___ C.S.

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

VACATING A PORTION OF THE UNIMPROVED RIGHT OF WAY ON MANZANITA STREET

AT JOHNSON STREET
WHEREAS, the Streets and Highways Code (Section 8320) states, “The City Council may initiate a proceeding to vacate a street or easement on its own initiative or upon a petition or request of an interested person, at the discretion of the City Council. The City Clerk then sets a hearing by fixing the date, hour and place of the hearing and cause the publishing and posting of the public hearing”;
WHEREAS, Jaedra Luke has requested the City of Monterey vacate a portion of Manzanita Street;
WHEREAS, on October 1, 2024 the City Council adopted Resolution 24-158 and set a public hearing date on November 19, 2024 to hear the proposed street vacation in compliance with the Street and Highways Code;
WHEREAS, on May 14, 2024, the Planning Commission reviewed the proposed vacation and determined the action was consistent with the City of Monterey General Plan Map 5 (Showing Street Classifications) because the subject portion of the street is unbuilt, and the remaining built portion of Manzanita Street will continue to function as a local street. This review was consistent with the Government Code 65402 and Streets and Highways Code 8313; WHEREAS, the City Clerk published notice of this hearing for two successive weeks pursuant to Streets & Highway Code section 8322;
WHEREAS, staff posted conspicuous notices of the proposed vacation along the light of the right of way pursuant to Streets & Highway Code section 8323; WHEREAS, the City does not own the underlying fee and it does not have any current or future plans to develop this section of Manzanita Street. Staff supports the proposed street vacation; and
WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15305, Class 5) because the project proposes to vacate a portion of unimproved Manzanita Street. This is a minor alteration in land use limitations.

Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially Council Regular Meeting, 11/19/2024, Item No. 8., Item Page 5, Packet Page 71 adopted pursuant to law by federal, state, or local agencies. The vacation of a portion of the right of way will not impact any environmental resource; 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. The vacation of a portion of the right of way is a limited project scope and will not create cumulative impacts;
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. The vacation of a portion of the right of way will not have a significant effect because it is an ownership change that results in limited physical changes in the environment;
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 area is not visible from a scenic highway.

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 vacation of a portion of the right of way will not have an impact on historic resources because it is a change of ownership that results in limited physical changes in the environment.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby finds that a portion of the right of way is unnecessary for present or prospective use, and vacates that unimproved portion of the right of way on Manzanita Street as shown in Exhibit A.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Council Regular Meeting, 11/19/2024, Item No. 8., Item Page 6, Packet Page 72 APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 11/19/2024, Item No. 8., Item Page 7, Packet Page 73 Exhibit A
Council Regular Meeting, 11/19/2024, Item No. 8., Item Page 8, Packet Page 74

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EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION OF

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JOHNSON'S ADDITION TO THE CITY OF
MONTEREY" FILED IN
VOLUME 1, "CITIES & TOWNS", PAGE 33

OFFICIAL RECORDS OF MONTEREY COUNTY

CITY OF MONTEREY COUNTY OF MONTEREY STATE OF CALIFORNIA 8 y

CENTRAL COAST SURVEYORS
5 HARRIS COURT, SUITE N-11 MONTEREY, CALIFORNIA 93940
Phone: (831) 394-4930 Fox: (831) 394-4931
SCAI t: 1" - 20' JOl'l No ?4-0Q
PREPARER: DRZ
MAY 2024
Exhibit A
Council Regular Meeting, 11/19/2024, Item No. 8., Item Page 9, Packet Page 75 Exhibit A
Council Regular Meeting, 11/19/2024, Item No. 8., Item Page 10, Packet Page 76 Exhibit A
Council Regular Meeting, 11/19/2024, Item No. 8., Item Page 11, Packet Page 77 Council
Agenda Report
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Ted Terrasas, REHS, Sustainability Manager SUBJECT: Open a Public Hearing to Receive Protests of Proposed Rates Effective January 1, 2025, for Residential and Commercial Solid Waste and Recyclables Collection and Adopt a Resolution Increasing Rates if a Majority Protest Does Not Exist (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council open a public hearing, consider all protests against the proposed rates, and consider adopting the attached Resolution (Attachment 1) establishing new collection rates for solid waste and recyclables collection if a majority protest is not established.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

The Franchise agreement with Monterey City Disposal Service and Monterey City Code section 14-3.5 requires the City Council to set the rates for solid waste and recyclables collection by resolution.

Proposition 218 Requirements:

The substantive provisions of Article XIII D appear in section 6, subdivisions (b)(1)-(5) of the California Constitution, which require a property-related fee to satisfy these standards:

1. Revenues derived from the fee or charge must not exceed the funds required to provide the property-related service;

2. Revenue derived from the fee or charge must not be used for any purpose other than that for which the fee is imposed;

3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership must not exceed the proportional cost of the service attributable to the parcel;

4. The fee or charge may not be imposed for a service unless the service is actually used by, or immediately available to, the owner of the property subject to the fee or charge; fees or charges based on potential or future use of a service are not Date: 11/19/2024
Item No.: 9.

Council Regular Meeting, 11/19/2024, Item No. 9., Item Page 1, Packet Page 78 №10/24
permitted, and stand-by charges must be classified as assessments subject to the ballot protest and proportionality requirements for assessments; and

5. No fee or charge may be imposed for general governmental services, such as police, fire, ambulance, or libraries, where the service is available to the public in substantially the same manner as it is to property owners.

Procedurally, Proposition 218 requires that notices of a proposed rate increase be mailed to all property owners in the affected area, and that a public hearing be held not less than 45 days after the mailing.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

Monterey City Disposal Service (MCDS) fees are paid by individual ratepayers. Net profit by MCDS before taxes in any one year is limited to 7% of gross sales as per the Franchise Agreement. If the currently proposed 18% rate increase is approved, the projected service income for MCDS is estimated to be $12,283,105, an increase of $1,873,694 over 2024 projections.

The landfill disposal fees of the ReGen Monterey have increased by 18.5% since 2022.

Other increased expenditures have significantly impacted MCDS’ overall revenue. Over the past year, MCDS has experienced a reported
 32% increase in vehicle insurance costs,
 a 7% increase in fuel costs,
 and a 3% increase in their facility lease costs.

This increase would result in an estimated annual franchise fee payment by MCDS to the City of $1.8 million.

ENVIRONMENTAL DETERMINATION:

ALTERNATIVES CONSIDERED:

Council could choose not to set rates as recommended in the attached Resolution or could return the issue to staff for further review and evaluation. It is important to note the fee increase is needed to address increased operational costs.

Council Regular Meeting, 11/19/2024, Item No. 9., Item Page 2, Packet Page 79 №10/24
DISCUSSION:

Since 1979, Monterey City Disposal Service has partnered with the City of Monterey as its exclusive franchised solid waste hauler. Due to MCDS’ dedication to reducing landfill waste produced in the City, MCDS has been instrumental in meeting a high waste-to-recycling diversion rate. In turn, the City has continually been able to meet the statewide diversion goals mandated by CalRecycle, a branch of the California Environmental Protection Agency.

MCDS continues to support City sustainability initiatives by coordinating efforts to comply with State laws such as AB 341 (Mandatory Commercial Recycling), AB 1826 (Mandatory Organics Diversion), and SB 1383 (Short Lived Climate Pollutants).

The franchise agreement requires MCDS to pay 15% of gross receipts to the City as a franchise fee and requires an annual audit by a certified public accountant. The last refuse collection rate increase in the City of Monterey was in January of 2022, consisting of a 17% increase for residential and commercial customers.

Increased expenditures have significantly impacted MCDS’ overall revenue. Over the past year, MCDS has experienced a reported 32% increase in vehicle insurance costs, a 7% increase in fuel costs, and a 3% increase in their facility lease. There has also been an increase in landfill disposal fees of 18.5% since 2022. In addition, the collective bargaining agreement for MCDS collection staff will expire in December 2024, likely leading to significant wage increases when compared to salaries in adjacent jurisdictions.

If the collection rates for the City were to be increased by 18% as proposed by MCDS, the City waste collection rates would remain competitive or lower than most cities on the Monterey Peninsula, as shown in the following common service examples:

Standard Residential Service (35-gallon refuse plus recycling and yard waste – once per week) (monthly rate)
Sand
City
Marina Monterey
(Current)
Seaside Monterey
(Proposed)
Pebble
Beach
Del
Rey
Oaks
Pacific
Grove
Carmel
$14.68 $18.43 $25.56 $26.68 $30.16 $33.36 $33.67 $36.02 $53.71 Commercial / Multifamily (2 Cubic Yard Refuse and Recycling combined – once per week) (monthly rate)
Sand
City
Monterey
(Current)
Marina Monterey
(Proposed)
Seaside Pebble
Beach
Pacific
Grove
Del Rey
Oaks
Carmel
$154.89 $211.29 $243.76 $249.32 $277.99 $280.93 $359.51 $404.49 $501.35 Council Regular Meeting, 11/19/2024, Item No. 9., Item Page 3, Packet Page 80 №10/24
20 Yard Roll Off Refuse with 4 tons of material (per collection) Monterey
(Current)
Monterey
(Proposed)
Sand
City
Marina Seaside Pebble
Beach
Pacific
Grove
Del Rey
Oaks
Carmel
$481.41 $568.06 $629.22 $796.94 $897.49 $942.33 $951.10 $1121.90 $1180.33 Public Noticing Requirements
The California Constitution requires: (1) notice; (2) public hearing; and (3) protest process before increasing the rate of a property-related fee. In accordance with Proposition 218, notices of the proposed rates were mailed by October 5, 2024, to the owner of each parcel whose name and address appears on the last equalized secured property tax assessment roll or in the case of any public entity, the State of California, or the United States, to the address of that entity known to the City. (Government Code Section 53750(j).). Any record owner (customer of record) who is subject to the fee may submit a written protest in person at the hearing or mailed to the City Clerk’s Office.

A majority protest exists if at least 50% plus one vote of representatives from affected parcels file written protests. The Notice was mailed out to the property owners of 9,376 parcels within the City. Only one protest vote from a property owner may be received per parcel. Therefore, 4,689 protest votes would establish a majority protest, resulting in the rates not increasing.

Summary
Staff recommends that the City Council open a public hearing, receive public comments and protests, and consider adopting the attached Resolution (Attachment 1) establishing new collection rates for solid waste and recyclables collection if a majority protest is not established.

KC/tjt
Attachments: 1. Resolution with Exhibit A
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.gov/Submitted-Comments
Council Regular Meeting, 11/19/2024, Item No. 9., Item Page 4, Packet Page 81 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№011/24
SETTING RATES EFFECTIVE JANUARY 1, 2025 FOR RESIDENTIAL

AND COMMERCIAL SOLID WASTE AND RECYCLABLES COLLECTION
WHEREAS, the costs associated with the collection, disposal, and processing of solid waste and recyclable materials for both commercial and residential parcels in the City of Monterey have increased and are expected to continue to increase in the future; WHEREAS, the City’s franchisee, Monterey City Disposal Service (MCDS), has reported a 32% increase in vehicle insurance, a 7% increase in fuel costs, and a 3% increase to their facility lease over the past year;
WHEREAS, there has been an 18.5% increase in landfill disposal fees since 2022; WHEREAS, the collective bargaining agreement for MCDS collection personnel will expire in December 2024, likely leading to significant wage increases when compared to salaries in adjacent jurisdictions;
WHEREAS, revenue derived from the fee will not be used for any purpose other than that for which the fee is imposed;
WHEREAS, the rates imposed upon any parcel or person as an incident of property ownership must not exceed the proportional cost of the service attributable to the parcel; WHEREAS, the residential and commercial solid waste and recyclables collection fees are not imposed unless used by, or immediately available to, the owner of the property subject to the fee or charge;
WHEREAS, the residential and commercial solid waste and recyclables collection fees or charges are not based on potential or future use of a service; WHEREAS, pursuant to Proposition 218, the City mailed a notice of the proposed rate increase by October 5, 2024, to all affected parcels;
WHEREAS, on November 19, 2024, the City held a public hearing to consider all protests against the proposed rate increase;
WHEREAS, there was not a majority protest as the total number of written protests presented by the close of the public hearing was less than 50% of the total number of property owners subject to the rate fee increases;
WHEREAS, City staff has reviewed MCDS’s requested rate adjustments and concurs with their proposed rate increase for residential and commercial accounts; and WHEREAS, the City of Monterey determined that the proposed action is not a project as Council Regular Meeting, 11/19/2024, Item No. 9., Item Page 5, Packet Page 82 defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY finds that the above Recitals are true and correct and have served, together with the supporting documents, as the basis for the findings and approval set forth below.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby adopts the attached rate schedule in Exhibit A hereto and incorporated by reference, and that said rates shall become effective on January 1, 2025, and that all previous conflicting resolutions, with the exception of Resolution No. 01-224, are hereby rescinded.

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, 11/19/2024, Item No. 9., Item Page 6, Packet Page 83

EXHIBIT A
MONTEREY CITY DISPOSAL SERVICE, INC.

RATE SCHEDULE

SINGLE FAMILY RESIDENTIAL SERVICE
RATE
BASIC SERVICE $ 30.16
*PHYSICALLY UNABLE TO PLACE CONTAINERS AT THE CURB
25% Add'l chrg / month
1% Add'l chrg / month
25% Add'l chrg / month

ADDITIONAL SERVICES

CALL BACK CHARGES
$ 16.70 / trip
$ 20.04 / trip

WASTE -
$ 30.16 /35 gal container
$ 7.48 /32 gal bag/container
$ 9.00
$ 7.66
$ 17.32
$21.83 monthly fee $8.33 /month/discount
$25.95 monthly fee $4.21 /month/discount
$18.64 monthly fee $11.52 /month/discount

SATURDAYS - OTHER THAN SCHEDULED PICKUP

TRIP CHARGE
(Driver to leave service tag.)
64 GAL MCDS CONTAINER

CONTAMINATED RECYCLE OR YARD WASTE
32 GAL BAG/CONTAINER (Provided by customer)
.
(Maximum 32 gallons and less than 60 pounds)
(Containers must be strong enough to hold contents without spilling material) ADDITIONAL 64 GAL YARD WASTE CONTAINER (Provided by MCDS) / container / pickup
/ container / month
ADDITIONAL 64 GAL RECYCLING CONTAINER (Provided by MCDS) / container / month 1-64 GAL CART FOR YARD WASTE (Provided by MCDS)
LARGE ITEM PICKED UP - Up to four items, four times per year. (Additional charges may apply for certain items)

BASIC SERVICE - INCREASED BY

HOUSEHOLD HAZARDOUS WASTE PICKUP (MOTOR OIL) WEEKLY
(Must be in Monterey County approved container)
1-35 GAL CART FOR WASTE (Provided by MCDS)
1-64 GAL CART FOR RECYCLABLES (Provided by MCDS)

SENIOR DISCOUNT

LIFE LINE DISCOUNT

PHYSICALLY UNABLE DISCOUNT
ALL CARTS AND MATERIALS MUST BE PLACED AT CITY CURBSIDE BETWEEN 6:00 AM AND 5:00 Containers must be placed with 18 inches of clearance on all sides and 18 feet overhead clearance.* NON-CURBSIDE: COLLECTION AREA IS NOT CURBSIDE BUT WITHIN 25' OF CURB

WEEKDAYS - OTHER THAN SCHEDULED PICKUP

TRIP CHARGE
EACH ADDITIONAL FOOT - INCREASED BY*
(Must have approval of Public Works Director or designee) WALKWAYS STEEPER THAN 5% (UP OR DOWN)
(Must have approval of Public Works Director or designee)

BASIC SERVICE - INCREASED BY
35 GAL CONTAINER (Provided by MCDS)

ADDITIONAL SERVICES
Council Regular Meeting, 11/19/2024, Item No. 9., Item Page 7, Packet Page 84 MONTEREY CITY DISPOSAL SERVICE, INC.

RATE SCHEDULE

COMMERCIAL & MULTI-FAMILY CAN/CART SERVICES
Must be placed on the city curb for collection or is subject to difficult to service charges. 32 GAL TRASH CANS - PROVIDED BY CUSTOMER
# OF CANS 1 2 3 4 5 6 7
1 $ 26.79 $ 60.04 $ 90.03 $ 120.09 $ 150.07 $ 195.09 $ 255.14 2 $ 48.07 $ 107.71 $ 161.52 $ 215.37 $ 269.22 $ 349.96 $ 457.69 3 $ 69.35 $ 155.34 $ 233.01 $ 310.69 $ 388.36 $ 504.84 $ 660.22 4 $ 90.62 $ 203.01 $ 304.53 $ 406.03 $ 507.52 $ 659.77 $ 862.78 5 $ 111.90 $ 250.67 $ 375.98 $ 501.31 $ 626.64 $ 814.62 $ 1,065.28 Additional $ 21.26 $ 47.66 $ 71.45 $ 95.29 $ 119.13 $ 154.85 $ 202.51 64 GAL TRASH CARTS - PROVIDED BY MONTEREY CITY DISPOSAL SERVICE, INC. # OF CARTS 1 2 3 4 5 6 7
1 $ 56.59 $ 116.22 $ 170.04 $ 223.88 $ 277.74 $ 358.48 $ 466.18 2 $ 107.64 $ 220.02 $ 321.55 $ 423.04 $ 524.56 $ 676.81 $ 879.80 3 $ 158.71 $ 323.85 $ 473.00 $ 621.86 $ 770.94 $ 994.57 $ 1,292.75 4 $ 209.78 $ 427.68 $ 624.50 $ 821.29 $ 1,018.10 $ 1,313.33 $ 1,706.94 5 $ 260.85 $ 531.51 $ 775.98 $ 1,020.43 $ 1,264.90 $ 1,631.62 $ 2,120.54 Additional $ 51.08 $ 103.82 $ 151.51 $ 199.15 $ 246.79 $ 318.28 $ 413.60 96 GAL TRASH CARTS - PROVIDED BY MONTEREY CITY DISPOSAL SERVICE, INC. # OF CARTS 1 2 3 4 5 6 7
1 $ 77.87 $ 163.87 $ 241.51 $ 319.19 $ 396.87 $ 513.36 $ 668.75 2 $ 150.21 $ 315.33 $ 464.48 $ 613.34 $ 762.43 $ 986.07 $ 1,284.23 3 $ 222.55 $ 466.82 $ 687.44 $ 908.12 $ 1,128.73 $ 1,459.70 $ 1,900.96 4 $ 294.87 $ 618.28 $ 910.42 $ 1,202.57 $ 1,494.67 $ 1,932.85 $ 2,517.11 5 $ 367.22 $ 769.80 $ 1,133.40 $ 1,496.98 $ 1,860.59 $ 2,406.03 $ 3,133.23 Additional $ 72.35 $ 151.51 $ 222.97 $ 294.45 $ 365.94 $ 473.17 $ 616.14 64 GAL FOOD SCRAP CARTS - PROVIDED BY MONTEREY CITY DISPOSAL SERVICE, INC. # OF CARTS 1 2 3 4 5 6 7
1 $ 56.59 $ 116.22 $ 170.04 $ 223.88 $ 277.74 $ 358.48 $ 466.18 2 $ 107.64 $ 220.02 $ 321.55 $ 423.04 $ 524.56 $ 676.81 $ 879.80 3 $ 158.71 $ 323.85 $ 473.00 $ 621.86 $ 770.94 $ 994.57 $ 1,292.75 4 $ 209.78 $ 427.68 $ 624.50 $ 821.29 $ 1,018.10 $ 1,313.33 $ 1,706.94 5 $ 260.85 $ 531.51 $ 775.98 $ 1,020.43 $ 1,264.90 $ 1,631.62 $ 2,120.54 Additional $ 51.08 $ 103.82 $ 151.51 $ 199.15 $ 246.79 $ 318.28 $ 413.60

NUMBER OF COLLECTIONS PER WEEK

NUMBER OF COLLECTIONS PER WEEK
NUMBER OF COLLECTIONS PER WEEK*
* Note, services greater than 3 times per week may not available Council Regular Meeting, 11/19/2024, Item No. 9., Item Page 8, Packet Page 85 MONTEREY CITY DISPOSAL SERVICE, INC.

RATE SCHEDULE

COMMERCIAL & MULTI-FAMILY CAN/CART SERVICES

ADDITIONAL SERVICES
RATE

CALL BACK CHARGES
Weekdays - other than scheduled pickup - trip charge $ 16.70 / trip Saturdays - other than scheduled pickup - trip charge $ 20.04 / trip

SATURDAY AND SUNDAY SERVICE

BASE CHARGE / NUMBER OF CONTAINERS / MONTH PLUS TRIP CHARGE Saturdays - other than scheduled pickup $ 112.55 Add'l chrg / per pickup Sundays - other than scheduled pickup $ 140.73 Add'l chrg / per pickup

ADDITIONAL WASTE
32 GAL BAG/CONTAINER (Provided by customer) $ 7.48
(Maximum 32 gallons and less than 60 pounds)
(Containers must be strong enough to hold contents without spilling material) MULTI-FAMILY/COMMERCIAL YARDWASTE COLLECTION- $ 22.35
MULTI-FAMILY/COMMERCIAL CART CLEANING/REPLACEMENT- $ 40.08 MULTI-FAMILY LARGE ITEM COLLECTION- $ 25.04 / trip (up to 5 items)

CONTAMINATED RECYCLE
64 GAL MCDS CONTAINER $ 17.32
96 GAL MCDS CONTAINER $ 24.78
(Driver to leave service tag.)
NON-CURBSIDE: COLLECTION AREA IS NOT CURBSIDE BUT WITHIN 25' OF CURB BASIC SERVICE - INCREASED BY 25% Add'l chrg / month
EACH ADDITIONAL FOOT - INCREASED BY* 1% Add'l chrg / month (Must have approval of Public Works Director or designee) WALKWAYS STEEPER THAN 5% (UP OR DOWN)
BASIC SERVICE - INCREASED BY 25% Add'l chrg / month
(Must have approval of Public Works Director or designee)

SMALL TRUCK REQUIRED
BASIC SERVICE - INCREASED BY 20%
* NON-CURBSIDE RECYCLING OR YARD WASTE SERVICES MAY BE CHARGED THE EQUIVALENT FEE AS NON

CURBSIDE REFUSE COLLECTION
/ container / pickup
/ container / pickup
/ 32 gal bag/container
Applies to customers who do not have six or seven day service, with the sixth and seventh day being Saturday and Sunday respectfully. (Additional charges may apply for certain items)
(Curbside Weekly Collection, 64 Gallon Cart)
/ container / month
(To clean carts dirtied by customer)
/ container
Council Regular Meeting, 11/19/2024, Item No. 9., Item Page 9, Packet Page 86 MONTEREY CITY DISPOSAL SERVICE, INC.

RATE SCHEDULE

COMMERCIAL & MULTI-FAMILY DUMPSTER SERVICE
2 CUBIC YARD DUMPSTERS
# OF CONT. 1 2 3 4 5 6 7
1 $ 249.32 $ 457.71 $ 665.44 $ 873.41 $ 1,081.61 $ 1,389.84 $ 1,763.92 2 $ 490.60 $ 898.76 $ 1,306.38 $ 1,714.06 $ 2,121.72 $ 2,737.33 $ 3,558.02 3 $ 732.41 $ 1,339.96 $ 1,939.79 $ 2,554.19 $ 3,161.80 $ 4,068.57 $ 5,167.24 4 $ 973.67 $ 1,808.36 $ 2,587.52 $ 3,394.77 $ 4,202.06 $ 5,408.54 $ 6,869.16 Additional $ 241.26 $ 468.41 $ 647.75 $ 840.60 $ 1,040.29 $ 1,340.00 $ 1,701.93 Weekday-Extra Pickup $ 77.53
Weekend-Extra Pickup $ 81.53
3 CUBIC YARD DUMPSTERS
# OF CONT. 1 2 3 4 5 6 7
1 $ 374.32 $ 665.44 $ 957.11 $ 1,248.27 $ 1,539.14 $ 1,971.91 $ 2,568.67 2 $ 740.66 $ 1,314.39 $ 1,888.72 $ 2,463.21 $ 3,037.26 $ 3,902.68 $ 5,013.82 3 $ 1,106.73 $ 1,963.85 $ 2,820.75 $ 3,677.98 $ 4,535.12 $ 5,816.22 $ 7,476.30 4 $ 1,472.76 $ 2,612.82 $ 3,752.61 $ 4,893.09 $ 6,032.67 $ 7,738.29 $ 9,947.55 Additional $ 366.02 $ 648.95 $ 931.85 $ 1,215.12 $ 1,497.57 $ 1,922.07 $ 2,471.25 Weekday-Extra Pickup $ 106.38
Weekend-Extra Pickup $ 110.35
4 CUBIC YARD DUMPSTERS
# OF CONT. 1 2 3 4 5 6 7
1 $ 460.87 $ 873.41 $ 1,289.63 $ 1,705.80 $ 2,121.72 $ 2,745.84 $ 3,432.28 2 $ 906.79 $ 1,730.61 $ 2,554.68 $ 3,378.27 $ 4,202.06 $ 5,433.58 $ 6,793.99 3 $ 1,356.48 $ 2,595.32 $ 3,819.22 $ 5,166.76 $ 6,282.52 $ 8,129.61 $ 10,164.52 4 $ 1,805.78 $ 3,445.26 $ 5,084.29 $ 6,723.01 $ 8,362.39 $ 10,834.13 $ 13,537.70 Additional $ 449.30 $ 849.94 $ 1,265.09 $ 1,556.27 $ 2,079.86 $ 2,704.52 $ 3,373.20 Weekday-Extra Pickup $ 126.35
Weekend-Extra Pickup $ 130.34
6 CUBIC YARD DUMPSTERS
# OF CONT. 1 2 3 4 5 6 7
1 $ 624.11 $ 1,289.37 $ 1,955.07 $ 2,621.05 $ 3,288.00 $ 4,293.83 $ 5,230.02 2 $ 1,239.27 $ 2,562.95 $ 3,886.45 $ 5,208.08 $ 6,531.61 $ 8,495.73 $ 10,354.76 3 $ 1,854.42 $ 3,836.82 $ 5,817.67 $ 7,795.14 $ 9,776.09 $ 12,697.31 $ 15,478.97 4 $ 2,469.30 $ 5,110.38 $ 7,748.99 $ 13,020.67 10,382.47 $ $ 16,899.20 $ 20,604.42 Additional $ 614.89 $ 1,273.57 $ 1,931.32 $ 2,587.32 $ 3,244.59 $ 4,201.92 $ 5,125.45 Weekday-Extra Pickup $ 163.98
Weekend-Extra Pickup $ 168.01

NUMBER OF COLLECTIONS PER WEEK

NUMBER OF COLLECTIONS PER WEEK
Council Regular Meeting, 11/19/2024, Item No. 9., Item Page 10, Packet Page 87 MONTEREY CITY DISPOSAL SERVICE, INC.

RATE SCHEDULE

COMMERCIAL & MULTI-FAMILY DUMPSTER SERVICE

ADDITIONAL SERVICES
RATE

CALL BACK CHARGES
WEEKDAYS - OTHER THAN SCHEDULED PICKUP - TRIP CHARGE $ 16.70 / trip SATURDAYS OR SUNDAYS- OTHER THAN SCHEDULED PICKUP - $ 20.04 / trip

SPECIAL CHARGES

APPLIES TO CUSTOMERS WHO DO NOT HAVE SIX OR SEVEN DAY

SERVICE, WITH THE SIXTH AND SEVENTH DAY BEING SATURDAY

AND SUNDAY RESPECTFULLY

BASE CHARGE / NUMBER OF CONTAINERS / MONTH PLUS TRIP CHARGE SATURDAYS - OTHER THAN SCHEDULED PICKUP $ 126.20 Add'l chrg / container / pickup SUNDAYS - OTHER THAN SCHEDULED PICKUP $ 164.10 Add'l chrg / container / pickup SIX DAY SERVICE INCLUDING SUNDAY - FEE FOR SUNDAY SERVICE $ 37.90

COMPACTED WASTE PLACED IN ANY TYPE OF CONTAINER
BASIC SERVICE INCREASED BY 1.13%
(Equals 2.13 x base rate)
OVER LOADED CONTAINER - ADDITIONAL WASTE / CUBIC YARD $ 41.74 / yard or less CONTAMINATED RECYCLE DUMPSTERS WILL BE CHARGED 20% OVER THE ADDITONAL CONTAINER RATE (UNLESS IT WAS ARRAGEGED TO BE DUMP AS TRASH PRIOR TO TRUCK DUMPING)

DIFFICULT TO SERVICE

SMALL TRUCK REQUIRED
BASIC SERVICE - INCREASED BY 20%
Council Regular Meeting, 11/19/2024, Item No. 9., Item Page 11, Packet Page 88 MONTEREY CITY DISPOSAL SERVICE, INC.

RATE SCHEDULE

DROP BOX, COMPACTOR AND PIGGY SERVICE

GENERAL SERVICES RATE
ADDITIONAL DROP BOX SERVICE FEE AFTER 7 DAYS WITHOUT SERVICE $ 17.28 / day ADDITIONAL TONNAGE OVER ALLOWED TONNAGE 22% or $15.00 / ton (Rate is in addition to current landfill charges) (Whichever is greater) BLOCKED DROP BOX OR COMPACTOR $ 105.56
CHANGE IN SERVICE - AFTER DRIVER ARRIVES $ 105.56
DROP BOX OR COMPACTOR ON-SITE RELOCATION FEE $ 105.56
COMPACTOR SPECIAL DUMPING FEE $ 105.56
(Compactor required to be off loaded at landfill to be dumped) DEDICATED TRUCK USAGE (Excluding Piggy) $ 321.00 / hour (pro-rated as necessary)

OTHER CHARGES
Negotiated between MCDS and customer. Fees based upon and commensurate with the service performed.

Public Works Director may assist in negotiations if requested. Decision shall be binding upon both parties.

DROP BOX SERVICE
RATE
$ 568.06 4 TONS ALLOWED
$ 747.42 6 TONS ALLOWED

ADDITIONAL SERVICES

ADDITIONAL SERVICE REQUEST RATE

SATURDAYS
20 YARD DROP BOX - BASE RATE INCREASED BY 20% $ 681.67
30 YARD DROP BOX - BASE RATE INCREASED BY 20% $ 896.90
SUNDAYS (MCDS approval required)
20 YARD DROP BOX - BASE RATE INCREASED BY 50% $ 852.09
30 YARD DROP BOX - BASE RATE INCREASED BY 50% $ 1,121.13

DROP BOX RECYCLING SERVICE
NOTE :Charges are for clean loads of divertible material (concrete, asphalt, wood, yard waste, dirt).

Contaminated loads will be billed at the Drop Box Service rates as listed above.

CLEAN YARD WASTE
RATE
$ 284.01 4 TONS ALLOWED
$ 373.73 6 TONS ALLOWED

CLEAN CONCRETE, ASPHALT AND DIRT
RATE
20 Cubic Yard Drop Box $ 227.23 4 TONS ALLOWED
20 Cubic Yard Drop Box
30 Cubic Yard Drop Box
20 Cubic Yard Drop Box
30 Cubic Yard Drop Box
Council Regular Meeting, 11/19/2024, Item No. 9., Item Page 12, Packet Page 89 MONTEREY CITY DISPOSAL SERVICE, INC.

RATE SCHEDULE

DROP BOX, COMPACTOR AND PIGGY SERVICE

ADDITIONAL SERVICES

ADDITIONAL SERVICE REQUEST RATE

CLEAN YARD WASTE AND LUMBER

SATURDAYS
20 YARD DROP BOX - BASE RATE INCREASED BY 20% $ 340.81
30 YARD DROP BOX - BASE RATE INCREASED BY 20% $ 448.48

SUNDAYS
20 YARD DROP BOX - BASE RATE INCREASED BY 50% $ 426.02
30 YARD DROP BOX - BASE RATE INCREASED BY 50% $ 560.60

CLEAN CONCRETE, ASPHALT AND DIRT

SATURDAYS
20 YARD DROP BOX - BASE RATE INCREASED BY 20% $ 272.69

SUNDAYS
20 YARD DROP BOX - BASE RATE INCREASED BY 50% $ 340.87

COMPACTOR SERVICE
RATE
$ 51.06 Per cubic yard per pickup
$ 47.68 Per cubic yard per pickup
$ 45.75 Per cubic yard per pickup

ADDITIONAL SERVICES

ADDITIONAL SERVICE REQUEST RATE

SATURDAYS
15 CUBIC YARDS OR LESS - BASE RATE INCREASED BY 20% $ 61.27 Additional charge / pickup 16 TO 25 CUBIC YARDS - BASE RATE INCREASED BY 20% $ 57.22 Additional charge / pickup 26 OR MORE CUBIC YARDS - BASE RATE INCREASED BY 20% $ 54.90 Additional charge / pickup

SUNDAYS
15 CUBIC YARDS OR LESS - BASE RATE INCREASED BY 30% $ 66.38 Additional charge / pickup 16 TO 25 CUBIC YARDS - BASE RATE INCREASED BY 30% $ 61.98 Additional charge / pickup 26 OR MORE CUBIC YARDS - BASE RATE INCREASED BY 30% $ 59.48 Additional charge / pickup

PIGGYBACK SERVICE
RATE
$ 186.30 DELIVERED, EMPTIED AND REMOVED
CONTAMINATED RECYCLE DUMPSTERS OR COMPACTORS WILL BE CHARGED 20% OVER THE TRASH COLLECTION RATE (UNLESS IT WAS ARRANGED TO BE DUMP AS TRASH PRIOR TO TRUCK DUMPING) 4 CUBIC YARDS
15 CUBIC YARDS OR LESS
16 TO 25 CUBIC YARDS
26 OR MORE CUBIC YARDS
Council Regular Meeting, 11/19/2024, Item No. 9., Item Page 13, Packet Page 90 Council
Agenda Report
FROM: Andrea Renny, P.E., PTOE, Public Works Director
Prepared By: Reginald Paulding, P.E., Senior Engineer
SUBJECT: Adopt and Approve Funding for the Fiscal Year 2024/25 Neighborhood and Community Improvement Program ***NCIP*** (Exempt from CEQA per Article 19, Sections 15301, 15303, 15306, Classes 1, 3, and 6, and Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution approving the proposed Neighborhood and Community Improvement Program (NCIP) Option 2 – City Staff Recommended Project List and budget for Fiscal Year (FY) 2024/25.

VALUE DRIVERS:

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

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

POLICY IMPLICATIONS:

The determination of the projects, priorities and expenditures shall be within the sound discretion of the City Council. (City Charter section 6.6(e).) The recommended action is consistent with Council policy to approve all budget recommendations and with established policy and procedures for adopting the annual NCIP project list and budget (NCIP Policies and Procedures Manual, September 7, 2021).

On June 6, 2024, the NCIP Committee voted on proposed projects for the FY 2024/25 NCIP.

On August 13, 2024, the Planning Commission confirmed the proposed projects to be consistent with the General Plan, Specific Plans, Area Plans, Master Plans, Coastal Plans, Traffic Calming Plans, and the Move Monterey Multimodal Plan. On August 15, 2024, the NCIP Committee met to review the NCIP Fiscal Year 2024/25 voting ranked project list and Date: 11/19/2024
Item No.: 11.

Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 1, Packet Page 91 №10/24
recommend projects to the City Council for approval of funding. On November 13, 2024, the Parks and Recreation Commission found seven of the nine proposed Park and Recreationrelated projects to be consistent with the Parks and Recreation Master Plan.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

The City Council will have approximately $12,590,956 available for NCIP project funding as of November 4, 2024, as shown in the table below.

Funding Sources/Accounts Funds
Transient Occupancy Tax Revenue, FY 23/24 $ 5,979,547
Prior Years Unappropriated NCIP Fund Balance $ 4,750,000 Ending Balance Account (Nov 4, 2024) $ 1,516,895
Contingency Balance Account (Nov 4, 2024) $ 794,514
Less Program Expenses $ (450,000)
NCIP Available Funding $ 12,590,956
The NCIP Committee recommends an allocation of $405,486 from this year’s program budget into the NCIP Contingency Account (31ncont) to bring the Contingency Account balance from a current balance of $794,514 to $1,200,000.

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined that the following actions are exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Sections 15301, 15303, 15306, and, Classes 1, 3, and 6) because the proposed actions involve the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, mechanical equipment or topographical features involving negligible or no expansion of a use beyond that existing at the time of the lead agency’s determination; the construction and location of limited numbers of new, small facilities or structures; or basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource (these may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded).

These exempt projects include:

Exempt Projects: CEQA Exemption
(Article, Section, Class):

Hilltop Park Center Renovation (NM-12) 19,15301,1
Fire Stations 12 and 13 Rehabilitation (MN-03) 19,15301,1 Ramona Avenue Sidewalk Infill Between Edinburgh Avenue to Stuart Avenue (COK-06)
19,15301,1
801 Casanova Avenue Sidewalk Infill (COK-02) 19,15301,1 N Fremont Gap Bike/Ped Path Grant Matching Funds (COK-04) Not a Project Replace Cables Along Walkways (DMB-06) 19,15301,1
Pickleball Court Construction Funding (RR-01) Not a Project Replace Two Radar Speed Signs on Airport Road (COK-05) 19,15301,1 Cannery Row Workers Housing Restoration (NM-18) 19,15301,1 Casa Verde Way Underpass Murals (VDM-01) 19,15301,1
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 2, Packet Page 92 №10/24
David Avenue and Terry Street Crosswalk Island (NM-03) 19,15303,3 Villa Del Monte Traffic Calming Phase II (VDM-05) 19,15301,1 Villa Del Monte Traffic Calming Phase I (VDM-04) 19,15301,1 600 Lobos Street Drainline Improvements (NM-01) 19,15301,1 Install Pickle Ball Courts at Monterey Tennis Center (DT-12) 19,15301,1 Fire Safety Analysis/Hazard Reduction Program (MN-08) 19,15306,6 NCIP Opportunity Property Purchasing Fund (MN-09) Not a Project Cypress Park Tennis Court Resurfacing (NM-14) 19,15301,1 Monterey Public Library Energy Efficiency & Electrical (DT-07) 19,15301,1 Furthermore, the exempt projects do not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

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. Projects exempt under Class 1 and Class 3 are limited in scope and would only include negligible construction/expansion of structures or paved surfaces. Therefore, no cumulative impacts are anticipated.

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 to be found at the project sites. The projects would not have a significant effect due to their limited scope and distinct locations.

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. None of these projects would be located on hazardous waste sites listed pursuant to Section 65962.5 of the Government Code.

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. None of the projects exempt under CEQA would involve historic properties; therefore, there would be no Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 3, Packet Page 93 №10/24
impacts to historic resources. Those projects exempt under Class 6 would have no effect on historic resources because they consist of studies and information-gathering only. Some of the projects which are exempt under Class 1 are in a sensitive archeological area as shown in the General Plan EIR (Figure 8, Archeological Sensitivity Map); however, these projects would require negligible expansion of paved surfaces and minimal excavation of previously disturbed ground; no improvements in native soil. The projects which are exempt under Class 3, new construction, are not located within a sensitive archeological area as shown in the General Plan EIR (Figure 8, Archeological Sensitivity Map). Therefore, projects which are exempt under Class 1 and 3 would not affect historic or archaeological resources. In the case of an inadvertent archaeological discovery at any of the project sites, the City’s typical archaeological procedures shall be followed, making impacts to archaeological resources less than significant.

For the remaining projects listed below, project-specific environmental review will be conducted as projects are proposed. As currently conceived, the projects are consistent with the City’s plans, and project-specific impacts could be reduced to a less than significant level through project design and specifications.

Further Project-Specific Environmental Review Required:

Underground Utilities Program (MN-06)
Elder-Focused Exercise Equipment at Laguna Grande Park (DMG-03) Munras Avenue and Via Arboles Curb Ramp Construction (MV-01) New Monterey Neighborhood Plan Update (NM-04)
Install Electrical Disconnect at Josselyn Canyon and Deer Forest Drive (DF-01) Native Plant Dune Ecosystem Restoration (DMB-04)
New Fencing at Veterans Park (SK-02)
57 Melway Circle Sidewalk Infill (COK-01)
Replace and Install New Lights and Poles at Sollecito Field (DT-05) Install ALPR Cameras (MN-01)
Veterans Park Day Use Area Erosion Control Restoration (SK-03) San Bernabe Road Widening and Sidewalk Installation (MV-06) Installation of Bike Rack in Parking Lot (DMB-05)
Install Beach Boardwalk Lighting (DMB-01)
Replace Irrigation System and Install New Playing Surface at Jack’s Park (DT-04) El Estero Park Large BBQ Area Shade Structure (DT-06)
Munras/Soledad Freeway Entrance Signage (MV-07)
Lower Presidio Walkway Phase II (NM-17)
Improve Path from Harrison Street to Veterans Park (OT-01) Villa Del Monte Radar Speed Signs (VDM-03)
Bike Repair Stations (MN-12)
Via Gayuba Speed Reduction Measures (MV-02)
ALTERNATIVES CONSIDERED:

The City Council has several alternatives to consider for this item:

1. Council may choose to approve the NCIP projects on the Option 1 – NCIP Committee Recommended Project List instead of Option 2 – City Staff Recommended Project List (which includes recommendations from the Parks and Recreation Commission);

2. Council may re-prioritize the list of proposed projects; Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 4, Packet Page 94 №10/24

3. Council may choose not to fund specific project(s) from the recommended list of projects;

4. Council may choose to allocate a different contingency amount than recommended;

5. Council may request project re-scoping (greater or lesser) and refer this item back to the NCIP Committee for possible revisions to the recommended NCIP program; and

6. Council may determine that there are insufficient funds available to provide for the ordinary and necessary services in any budget year, Council may, by an affirmative vote of four (4) members of the City Council, reduce the amount to be appropriated.

DISCUSSION:
2024/25 NCIP Process
On June 6, 2024, the NCIP Committee voted on recommended NCIP projects for FY 2024/25.

Voting night is the culmination of the annual NCIP program cycle, resulting in a prioritization of the projects that have been nominated. The NCIP Committee voted and ranked 80 nominated projects. Fifteen neighborhoods were represented by their representative or alternate. Each neighborhood representative can vote from 0 to 10 points for each project giving a maximum vote of 150 points for a project. Following the vote, the projects were ranked in order of the total number of points received.

In the weeks following ranking, staff reviewed the estimated costs for the highest-ranked projects. Cost estimates were revised as necessary, and then subtracted from the funding available to determine how many projects could be funded in FY 2024/25. Projects were recommended for approval until the available program funding level was reached.

Following the NCIP Committee prioritization, the proposed projects were reviewed for consistency by the Planning Commission and the Parks and Recreation Commission. On August 13, 2024, the Planning Commission reviewed the recommended NCIP projects and determined the proposed projects to be consistent with the General Plan, Area/Specific Plans, Master Plans, Traffic Calming Plans, and the Move Monterey Multimodal Plan.

On November 13, 2024, the Parks and Recreation Commission (PRC) reviewed nine Park and Recreation-related projects including two cut-off projects. The PRC determined that seven of the proposed projects that fall under Parks and Recreation Commission purview are consistent with the current Parks and Recreation Master Plan (PRMP).

The PRC found that the following two projects were not consistent with the Parks and Recreation Master Plan: Pickleball Court Construction Funding (RR-01) and Bike Repair Stations (MN-12). Overall, the City is well served with a robust and well-designed system of Parks and Recreation facilities. The PRMP cites the need to focus on safety, on-going maintenance and updating or enhancing existing Parks and Recreation facilities. PRMP Section 5, Guidelines & Projects, Goal 3. Economic and Environmental Sustainability, G3.1 Maintain and Enhance Existing Parks and Facilities, several key overarching guidelines are set out - the maintenance and enhancement of existing parks and facilities rather than investment in the development of new parks, the creation of a process to evaluate and plan existing park upgrades in a holistic manner, allowing for thoughtful and cohesive design and phased implementation, and the identification of adequate maintenance and operation funds to be incorporated into the project planning. Due to concerns with ongoing maintenance and adding new facilities with no funding for these amenities and facilities, the PRC found the Ryan Ranch Pickleball Court Construction Funding (RR-01) and Bike Repair Stations (MN-12) to inconsistent Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 5, Packet Page 95 №10/24
with the Parks and Recreation Master Plan and did not recommend those for City Council approval.

On August 15, 2024, the NCIP Committee met to review the project list recommended to City Council, confirm the contingency amount, and to make a final recommendation of projects for City Council approval. Staff provided the NCIP Committee with two options: Option 1 and Option 2 for review and to make a recommendation for approval to City Council. Option 1 was the list of projects in ranked order in the traditional format until the available funding level was reached at Project Rank 35 with four (4) Cut-Off Projects for a total of 39 projects. Option 2 was a list of projects that did not include nine (9) projects including two (2) cut-off projects that City staff did not support and did not recommend that the NCIP Committee recommend to City Council. Since the August 15, 2024 NCIP Committee Meeting, City staff have reevaluated the recommended list of NCIP Projects and have reduced the number of projects without staff support to seven (7).

The following seven (7) projects are not included under Option 2:

Rank Project
Number
Neighborhood Year
Submitted
Project
Description
Rationale Cost
Estimate
7 NM-04 New
Monterey
2024 New Monterey
Neighborhood
Plan Update
The Neighborhood
Plan is not a capital
project, with only a
portion of the plan that
pertained to public
works projects being
eligible for NCIP funds.

Neighborhood Plans
may be phased out.
$200,000
9 DF-01 Deer Flats 2024 Install Electrical
Disconnect for
decorative
lighting in
neighborhood
entrance
planter
HOA is responsible for
maintaining common
assets in Deer Flats.
$5,000
18 RR-01 Ryan Ranch 2024 Ryan Ranch
Park Pickleball
Court
Construction
Parks and Recreation
Commission
determined this is
inconsistent with the
Parks and Recreation
Master Plan (PRMP).

City is focusing on
existing facilities and
expansion of pickleball
facilities at the
Monterey Tennis
Center.
$200,000
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 6, Packet Page 96 №10/24
Rank Project
Number
Neighborhood Year
Submitted
Project
Description
Rationale Cost
Estimate
23 VDM01Villa Del
Monte
2024 Phase #2 Casa
Verde
Underpass
Murals
Caltrans-owned
facility. City focusing
on City-owned
properties/
facilities.
$100,000
34 OT-01 Old Town 2024 New
Decomposed
Granite at
Steps/Sidewalk
from Harrison
St to Veterans
Dr
There is a current
NCIP project for this
project (nip2312).

Redundant project.
$80,000
C37 MN-08 MultiNeighborhood
2024 Comprehensive
fire safety
analysis to
develop multiyear hazard
reduction
program
Project is
unnecessary.

Community Wildfire
Protection Plan was
completed in Nov.
2023. Sent the project
applicant an email with
the information.

Redundant Project.
$250,000
C39 MN-12 MultiNeighborhood
2019 Bike repair
stations
Parks and Recreation
Commission
determined this is
inconsistent with
PRMP. City has
concerns of vandalism
that will make it difficult
to maintain the
equipment/
tools.
$30,000
C Cut-off Projects.

City staff provided NCIP Committee members with a detailed memo and list of projects that were supported by staff, found to be neutral and projects that staff did not support. Staff provided reasoning for not supporting the projects and provided this in the June 6, 2024, Voting Night Agenda Packet. The City staff memo is attached to this agenda report as Attachment 5.

The City has refined its support for a few projects since the June 3, 2024 memo was issued.

Option 2 ultimately consists of 33 projects recommended for funding with two (2) Cut-Off Projects for a total of 35 projects. The difference in the number of projects is due to the inclusion of higher cost projects that were recommended under Option 1.

The NCIP Committee recommended Option 1 to the City Council for approval and funding. City staff recommends that City Council approve and fund the projects included in Option 2.

Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 7, Packet Page 97 №10/24
The NCIP Committee recommended appropriating a total of $1,200,000 to the NCIP Contingency Account (31ncont). The NCIP Contingency Account has a current balance of $794,514. Therefore, an additional appropriation of $405,486 is required.

At its meeting on November 13, 2024, the Parks and Recreation Commission determined that projects RR-01 (Ryan Ranch Park Pickleball Court Construction) and MN-12 (Bike Repair Stations) are inconsistent with the City’s Parks and Recreation Master Plan and that these projects not be approved by the City Council for inclusion in the 2024/25 NCIP cycle, and further recommended that the remaining parks-related projects be included.

As shown in the Fiscal Implications Section of this Agenda Report, there is sufficient funding available to fund the proposed projects under Option 1 or Option 2, including the recommended contingency amount. The cut-off projects may be undertaken later in the year if funding allows.

As projects are completed, remaining fund balances are deposited into the NCIP Ending Balance Account (31nunap), which can be used to fund cut-off projects or future year projects.

Projects recommended for approval by the NCIP Committee are based on an understanding of the project that was nominated – conceptual and preliminary designs will be prepared after project approval and funding have been received. Most projects will require additional work and coordination with various stakeholders to determine feasibility. As the project scope becomes more focused, better estimates of costs for design, environmental studies and permitting, construction, inspection, and testing will allow more detailed estimates of probable costs to be made.

Should the Council decide to eliminate one or more of the projects on the recommended projects list, funding from those projects would become available for the cutoff projects and other projects lower on the priority list. Completed projects will be closed, with any unused funding transferred into the NCIP Ending Balance Account (31nunap), which will then be available for allocation to other projects after City Council approval.

The NCIP Committee recommended project list with estimated costs is attached as Exhibit A-1 (Option 1). The City staff recommended project list with estimated costs is attached as Exhibit A-2 (Option 2). Exhibit A-3 includes the prioritized project list with a description of each project, the number of votes it received, and estimated project costs.

Recommended Projects
There are 32 recommended NCIP Projects including two (2) cut-off projects that both the NCIP Committee and City Staff support under Options 1 and 2. These projects include necessities, improvements, and upgrades across the City. A few of the necessary projects include the Forest Management and Fuel Reduction (MN-05) and Fire Stations 12 and 13 Rehabilitation projects (MN-03). The improvements and upgrades include the start of a utility undergrounding program along Del Monte Ave and North Freemont St (MN-06), infill of sidewalks in the Cassanova Oak Knoll Neighborhood (COK-01/02/06), and funding for automated license plate reader equipment across the City (MN-01).

There are eight (8) consensus-recommended parks and recreation-related projects at an estimated value of $2,747,000 that address forest management and park improvements, including the previously approved and funded Forest Management & Fuel Reduction (MN-05), Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 8, Packet Page 98 №10/24
Elder-Focused Exercise Equipment in Laguna Grande Park (DMG-03), and Hilltop Park Center Renovations (NM-12).

The 32 consensus NCIP Projects including two (2) cut-off projects are:

Rank Project
Number
Neighborhood Year
Submitted
Project Description Rationale Cost
Estimate
^1 MN-05 MultiNeighborhood2024 Citywide Greenbelt
Forest
Management (City
Project)
Management of
City Greenbelts
is critical project.
$1,000,000
2 MN-06 MultiNeighborhood2024 Utility Underground
(Neighborhood
Project)
**Request to
combine City
Project with
Neighborhood
Project**
$2,000,000
3 DMG-03 Del Monte
Grove
2024 Elder Exercise
Equipment
Installation at
Laguna Grande
Park (3 pieces of
resistance
equipment)
Supports quality
of life through
fostering
opportunities for
the public to stay
physically and
mentally active.
$60,000
4 MV-01 Monterey
Vista
2024 Build Curb Ramp
ADA Compliant at
Munras Ave and
Via Arboles
City supports
constructing the
ADA compliant
curb ramp.
$25,000
5 NM-12 New
Monterey
2024 Renovation of
Hilltop Park
(Neighborhood
Project)
**Request to
combine City
Project with
Neighborhood
Project**
$1,000,000
6 MN-03 MultiNeighborhood2024 Fire Stations 12
and 13
rehabilitation (City
Project)
City proposal to
address needed
Fire Stations 12
and 13
rehabilitation.
$2,250,000
8 COK-06 Casanova
Oak Knoll
2024 Sidewalk Infill (new
sidewalk
construction) at
corner of Ramona
Ave and Stuart Ave
(110 ft)
Sidewalk infill on
Casanova and
Ramona Ave is
consistent with
CONA Area Plan
– Policy 13.
$22,000
10 COK-02 Casanova
Oak Knoll
2024 Infill (new) sidewalk
construction from
southeast side of
801 Casanova Ave
Sidewalk infill on
Casanova and
Ramona Ave is
consistent with
$14,000
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 9, Packet Page 99 №10/24
Rank Project
Number
Neighborhood Year
Submitted
Project Description Rationale Cost
Estimate
to complete
sidewalk
CONA Area Plan
– Policy 13.
11 DMB-04 Del Monte
Beach
2024 Beach Dune
Restoration
Ongoing dunes
and
environmental
management.
$35,000
12 SK-02 Skyline 2024 Update Fencing at
Veterans Park in
the
Basketball/Bocce
Court Area
Improved fencing
will improve the
park user
experience.
$35,000
13 COK-04 Casanova
Oak Knoll
2024 Partial Matching
Funds for N.

Fremont Gap
Construction
Funding is
needed for grant
matching funds.
$250,000
14 COK-01 Casanova
Oak Knoll
2024 Infill (new) sidewalk
construction from
North side of
driveway of 49
Melway Circle
Sidewalk infill on
Casanova and
Ramona Ave is
consistent with
CONA Area Plan
– Policy 13.
$1,000
15 DT-05 Downtown 2024 Replace light poles
and lights with new
poles and LED
lights at Sollecito
Field
Replacing lights
will increase
energy efficiency
and reduce staff
expenses.
$422,000
^16 MN-01 MultiNeighborhood2024 Citywide ALPR
License Plate
Reader Cameras
Support MPD
with fully
functional fixed
and mobile
ALPR program
that can identify
vehicles
associated with
criminal activity,
and both deter
and solve serial
criminal
activities.
$130,000
17 DMB-06 Del Monte
Beach
2024 Repair Protective
Cables along
Beach Walkways
Replace rusted
and failing
cables.
$30,000
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 10, Packet Page 100 №10/24
Rank Project
Number
Neighborhood Year
Submitted
Project Description Rationale Cost
Estimate
19 COK-05 Casanova
Oak Knoll
2024 Install 2
replacement radar
speed signs at
Airport Rd between
Lerwick and
Littleness
Original radar
speed signs stop
working and
need to be
replaced.
$25,000
20 NM-18 New
Monterey
2015 Cannery Row
Workers Housing
Restoration
Workers Housing
is a critical part
of Cannery
Row’s history;
buildings are in
need of repair.
$60,000
21 SK-03 Skyline 2009 Veterans Park Day
Use Area Erosion
Control
Project will
address
stormwater
erosion.
$200,000
22 MV-06 Monterey
Vista
2024 Road Widening on
San Bernabe Dr
Project will
improve road
conditions and
pedestrian
access.
$1,675,000
24 NM-03 New
Monterey
2024 David Ave/Terry St
Crosswalk
Improvements
Project will
address crossing
patterns at the
intersection of
David Ave and
Terry St.
$300,000
25 VDM-05 Villa Del
Monte
2007 Traffic Calming
Phase II
Project will
improve road
conditions.
$175,000
26 DMB-05 Del Monte
Beach
2024 Install Bike Racks
at Tide Ave and
Beach Way
Supports biking
and increased
access to the
beach.
$20,000
27 DMB-01 Del Monte
Beach
2024 Install Lighting for
Beach Boardwalk
along Tide Ave
Project will
support
improvements to
boardwalk.
20,000
28 DT-04 Downtown 2024 Replace turf field
and irrigation at
Jacks Park Softball
Field
Field needs to be
resodded to
return to
playable surface.
$100,000
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 11, Packet Page 101 №10/24
Rank Project
Number
Neighborhood Year
Submitted
Project Description Rationale Cost
Estimate
29 DT-06 Downtown 2024 El Estero Park
large Group BBQ
Area Shade
Structure
Largest rental
BBQ Area in the
City would
benefit from
shade structure.
$95,000
30 MV-07 Monterey
Vista
2012 Munras/
Soledad Entrance
signage
City supports
improved
signage that
improves travel
through the City.
$25,000
31 NM-01 New
Monterey
2024 600 Block of Lobos
St Drainage
Improvements
Project will
improve
drainage.
$100,000
32 VDM-04 Villa Del
Monte
2007 Traffic Calming
Phase I
Project will
improve road
conditions.
$360,000
33 NM-17 New
Monterey
2004 Proposed Walkway
from Pvt Bolio
through Lower
Presidio Park to
Artillery St.

Project will
support
improved access
through Lower
Presidio Park.
$78,000
35 DT-12 Downtown 2024 Convert Tennis
Courts 1 and 2 into
eight pickleball
courts at Monterey
Tennis Center
Benefit to City to
upgrade/improve
existing facilities;
increase access
to a popular
sport.
$55,000
C36 VDM-03 Villa Del
Monte
2007 Villa Del Monte
Radar Speed Signs
w/o Specific
Locations
Project
supported by
neighborhood.
$80,000
C38 MN-09 MultiNeighborhood
2024 Restore NCIP
Opportunity
Property Purchase
Fund
Fund will allow
for purchase of
property.
$250,000
^City Council approved and funded project previously.

CCut-off Projects.

Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 12, Packet Page 102 №10/24
The three (3) projects only recommended under Option 2 are:

Rank Project
Number
Neighborhood Year
Submitted
Project
Description
Rationale Cost
Estimate
41 NM-14 New
Monterey
2024 Cypress Park
Tennis Court
Resurfacing
Court needs
resurfacing
$15,000
C42 DT-07 Downtown 2024 Monterey Public
Library Energy
Efficiency
Improvements
Upgrading the
electrical system
and improving
energy efficiency
will be a benefit to
the Library patrons
and Library
finances.
$500,000
C43 DT-08 Downtown 2024 Monterey Public
Library Exterior
Upgrades
Upgrading the
exterior of the
Library would
benefit Library
patrons and the
area around the
Library.
$100,000
CCut-off Projects.

Current Status of NCIP Program
As of November 4, 2024, there are currently 54 active NCIP projects with a budget of $9.5 million. This is an increase of 19 projects and approximately $3.9 million from October 2023, when there were 35 active NCIP projects with a budget of $5.6 million. With the new FY 2024/25 projects, we will add at least 33 recommended projects and two (2) cutoff projects and $11 million, the total NCIP project workload will increase to at least 87 projects with a budget of more than $20 million.

While there are many employees across the City that assist in implementing the NCIP Program, there is currently one full-time equivalent staff engineer dedicated to design and construction of NCIP projects. In order to implement the program successfully and complete projects in a timely manner, approximately seven full time equivalents (FTE) would need to be assigned to the NCIP program at this time. This staffing would equate to completing approximately one (1) NCIP-project per month.

While the City is progressing in its efforts to hire additional engineers, there are challenges with the current market and competition for engineers. The Engineering Division is still severely understaffed. The Engineering Division is currently focused on delivering Measure P/S projects as well as critical infrastructure repairs. The City continues to work with consultants to augment staff’s project delivery capacity. It is important to note that consulting firms are also struggling with staffing and deliverables.

Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 13, Packet Page 103 №10/24
Recommendation
City staff recommends that the City Council approve and fund the NCIP projects listed under Option 2 – City Staff Recommended Project List.

AR/rp
Attachments: 1. Resolution

2. Exhibit A-1 – FY2024/25 Neighborhood and Community Improvement Program (NCIP) Option 1 – NCIP Committee Recommended Project List

3. Exhibit A-2 – FY 2024/25 Neighborhood and Community Improvement Program (NCIP) Option 2 – City Staff Recommended Project List

4. Exhibit A-3 – FY 2024/25 Neighborhood and Community Improvement Program (NCIP) Project Voting Results and Ranking – June 6, 2024

5. NCIP Projects City Staff Position Memo – June 3, 2024 e: Hans Uslar, City Manager
Nat Rojanasathira, Assistant City Manager
Rafaela King, Finance Director
Karen Larson, Parks and Recreation Director
Kimberly Cole, Community Development Director
Louie Marcuzzo, Park Operations Manager
Shannon Leon, Recreation Manager
Levi Hill, Planning Manager
Christy Sabdo, Associate Planner
Kyle Olsen, Finance Analyst
Wendy Davies, Finance Manager
Chinyere Ogbonna, NCIP Chair/Spokesperson
Dennis Duke, NCIP Vice Chair/Alternate Spokesperson
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.gov/Submitted-Comments
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 14, Packet Page 104 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№011/24
ADOPTING AND APPROVING FUNDING FOR THE FISCAL YEAR 2024/25 NEIGHBORHOOD AND COMMUNITY IMPROVEMENT PROGRAM ***NCIP*** WHEREAS, on the 6th day of June 2024, the Neighborhood and Community Improvement Program (NCIP) Committee voted to recommend ranked projects for funding; WHEREAS, on the 13th day of August 2024, the Planning Commission reviewed the ranked NCIP projects and confirmed the projects to be consistent with the General Plan, Specific Plans, Area Plans, Master Plans, Coastal Plans, Traffic Calming Plans, and the Move Monterey Multimodal Plan;
WHEREAS, on the 13th day of November 2024, the Parks and Recreation Commission reviewed the proposed projects and determined that the recommended Parks and Recreationrelated projects to be consistent with the Parks and Recreation Master Plan; WHEREAS, the current balance of the NCIP Unappropriated Funds (End Balance) Account (31nunap) is $1,516,895;
WHEREAS, the current balance of the NCIP Contingency Fund Account (31ncont) is $794,514;
WHEREAS, the Neighborhood and Community Improvement Program will receive $5,979,547 in Transient Occupancy Tax (TOT) collected in FY 2023/24, $4,750,000 in prior years unappropriated funds, less NCIP Program Overhead of $450,000; WHEREAS, the total funding level for NCIP is $12,590,956, there is sufficient funding available for these actions;
WHEREAS, the ranked project list with a description of each project, the number of votes it received, and estimated costs are detailed in Exhibit A-3; and WHEREAS, the City of Monterey Planning Office determined that the following actions are exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Sections 15301, 15303, 15306, and, Classes 1, 3, and 6) because the proposed actions involve the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, mechanical equipment or topographical features involving negligible or no expansion of a use beyond that existing at the time of the lead agency’s determination; the construction and location of limited numbers of new, small facilities or structures; or basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource (these may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded).

Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 15, Packet Page 105 These exempt projects include:

Exempt Projects: CEQA Exemption
(Article, Section, Class):

Hilltop Park Center Renovation (NM-12) 19,15301,1
Fire Stations 12 and 13 Rehabilitation (MN-03) 19,15301,1 Ramona Avenue Sidewalk Infill Between Edinburgh Avenue to Stuart Avenue (COK-06)
19,15301,1
801 Casanova Avenue Sidewalk Infill (COK-02) 19,15301,1 N Fremont Gap Bike/Ped Path Grant Matching Funds (COK-04) Not a Project Replace Cables Along Walkways (DMB-06) 19,15301,1
Pickleball Court Construction Funding (RR-01) Not a Project Replace Two Radar Speed Signs on Airport Road (COK-05) 19,15301,1 Cannery Row Workers Housing Restoration (NM-18) 19,15301,1 Casa Verde Way Underpass Murals (VDM-01) 19,15301,1
David Avenue and Terry Street Crosswalk Island (NM-03) 19,15303,3 Villa Del Monte Traffic Calming Phase II (VDM-05) 19,15301,1 Villa Del Monte Traffic Calming Phase I (VDM-04) 19,15301,1 600 Lobos Street Drainline Improvements (NM-01) 19,15301,1 Install Pickle Ball Courts at Monterey Tennis Center (DT-12) 19,15301,1 Fire Safety Analysis/Hazard Reduction Program (MN-08) 19,15306,6 NCIP Opportunity Property Purchasing Fund (MN-09) Not a Project Cypress Park Tennis Court Resurfacing (NM-14) 19,15301,1 Monterey Public Library Energy Efficiency & Electrical (DT-07) 19,15301,1 Furthermore, the exempt projects do not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

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. Projects exempt under Class 1 and Class 3 are limited in scope and would only include negligible construction/expansion of structures or paved surfaces. Therefore, no cumulative impacts are anticipated.

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 to be found at the Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 16, Packet Page 106 project sites. The projects would not have a significant effect due to their limited scope and distinct locations.

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. None of these projects would be located on hazardous waste sites listed pursuant to Section 65962.5 of the Government Code.

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. None of the projects exempt under CEQA would involve historic properties; therefore, there would be no impacts to historic resources. Those projects exempt under Class 6 would have no effect on historic resources because they consist of studies and information-gathering only. Some of the projects which are exempt under Class 1 are in a sensitive archeological area as shown in the General Plan EIR (Figure 8, Archeological Sensitivity Map); however, these projects would require negligible expansion of paved surfaces and minimal excavation of previously disturbed ground; no improvements in native soil. The projects which are exempt under Class 3, new construction, are not located within a sensitive archeological area as shown in the General Plan EIR (Figure 8, Archeological Sensitivity Map). Therefore, projects which are exempt under Class 1 and 3 would not affect historic or archaeological resources. In the case of an inadvertent archaeological discovery at any of the project sites, the City’s typical archaeological procedures shall be followed, making impacts to archaeological resources less than significant.

Further Review Required:

Underground Utilities Program (MN-06)
Elder-Focused Exercise Equipment at Laguna Grande Park (DMG-03) Munras Avenue and Via Arboles Curb Ramp Construction (MV-01) New Monterey Neighborhood Plan Update (NM-04)
Install Electrical Disconnect at Josselyn Canyon and Deer Forest Drive (DF-01) Native Plant Dune Ecosystem Restoration (DMB-04)
New Fencing at Veterans Park (SK-02)
57 Melway Circle Sidewalk Infill (COK-01)
Replace and Install New Lights and Poles at Sollecito Field (DT-05) Install ALPR Cameras (MN-01)
Veterans Park Day Use Area Erosion Control Restoration (SK-03) San Bernabe Road Widening and Sidewalk Installation (MV-06) Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 17, Packet Page 107 Installation of Bike Rack in Parking Lot (DMB-05)
Install Beach Boardwalk Lighting (DMB-01)
Replace Irrigation System and Install New Playing Surface at Jack’s Park (DT-04) El Estero Park Large BBQ Area Shade Structure (DT-06)
Munras/Soledad Freeway Entrance Signage (MV-07)
Lower Presidio Walkway Phase II (NM-17)
Improve Path from Harrison Street to Veterans Park (OT-01) Villa Del Monte Radar Speed Signs (VDM-03)
Bike Repair Stations (MN-12)
Via Gayuba Speed Reduction Measures (MV-02)

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

1. Authorizes an appropriation of $9,773,875 to NCIP FY 2024/25 projects as shown in Exhibit A-2

2. Authorizes an appropriation of $405,486 to the NCIP Contingency Account (31ncont) for a total account balance of $1,200,000.

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, 11/19/2024, Item No. 11., Item Page 18, Packet Page 108 EXHIBIT A-1
FY2024/25 Neighborhood and Community Improvement Program (NCIP) Option 1 – NCIP Committee Recommended Project List
Rank Vote
Total
Project
Number Project Title
Proposed
Project
Budget
1 147 MN-05 CW - FOREST MANAGEMENT & FUEL
REDUCTION (City) $
Funded
through Reso
No. 24-132
2 142 MN-06 MN - UNDERGROUND UTILITIES
PROGRAM (Neighborhood) $ 2,000,000
3 141 DMG-03 DMG - ELDER-FOCUSED EXERCISE
EQUIPMENT AT LAGUNA GRANDE PARK $ 60,000
4 139 MV-01 MV - MUNRAS AVE & VIA ARBOLES
CURB RAMP CONSTRUCTION $ 25,000
5 139 NM-12 NM - HILLTOP PARK CENTER
RENOVATION (Neighborhood) $ 1,000,000
6 139 MN-03 MN- FIRE STATIONS 12 and 13
REHABILITATION (City) $ 2,250,000
7 133 NM-04 NM - NEW MONTEREY NEIGHBORHOOD
PLAN UPDATE $ 200,000
8 130 COK-06

COK - RAMONA AVE SIDEWALK INFILL

B/T EDINBURG AVE & STUART AVE
(NEW SIDEWALK INSTALLATION)
$ 22,000
9 130 DF-01 DF - INSTALL ELECTRICAL DISCONNECT
AT JOSSELYN CYN & DEER FOREST DR $ 5,000
10 129 COK-02 COK - 801 CASANOVA AVE SIDEWALK
INFILL (NEW SIDEWALK INSTALLATION) $ 14,000
11 129 DMB-04 DMB - NATIVE PLANT DUNE
ECOSYSTEM RESTORATION $ 35,000
12 126 SK-02 MV - NEW FENCING AT VETERANS
PARK (City) $ 35,000
13 125 COK-04 COK - N FREMONT GAP BIKE/PED PATH
GRANT MATCHING FUNDS $ 250,000
14 124 COK-01 COK - 57 MELWAY CIR SIDEWALK INFILL
(NEW SIDEWALK INSTALLATION) $ 1,000
15 123 DT-05 DT - REPLACE & INSTALL NEW LIGHTS &
POLES AT SOLLECITO FIELD $ 422,000
16 123 MN-01 MN - INSTALL AUTOMATED LICENSE
PLATE READER (ALPR) CAMERAS $
Funded
through Reso
No. 24-148
17 122 DMB-06 DMB - REPLACE CABLES ALONG
WALKWAYS $ 30,000
18 120 RR-01 RR - PICKLEBALL COURT
CONSTRUCTION FUNDING $ 200,000
19 116 COK-05 COK - REPLACE TWO RADAR SPEED
SIGNS ON AIRPORT RD $ 25,000
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 19, Packet Page 109 EXHIBIT A-1
Rank Vote
Total
Project
Number Project Title
Proposed
Project
Budget
20 111 NM-18 NM - CANNERY ROW WORKERS
HOUSING RESTORATION $ 60,000
21 109 SK-03 SK - VETERANS PARK DAY USE AREA
EROSION CONTROL RESTORATION $ 200,000
22 108 MV-06 MV - SAN BERNABE ROAD WIDENING &
SIDEWALK CONSTRUCTION $ 1,671,875
23 99 VDM-01 VDM - CASA VERDE WAY UNDERPASS
MURALS $ 100,000
24 98 NM-03 NM - DAVID AVE/TERRY ST CROSSWALK
& ISLAND $ 300,000
25 94 VDM-05 VDM - VILLA DEL MONTE TRAFFIC
CALMING PHASE II $ 175,000
26 92 DMB-05 DMB - INSTALL BIKE RACK IN PARKING
LOT $ 20,000
27 91 DMB-01 DMB - INSTALL BEACH BOARDWALK
LIGHTING $ 20,000
28 89 DT-04

DT - REPLACE IRRIGATION DRAINAGE

SYSTEM & INSTALL NEW TURF AT

JACKS PARK
$ 100,000
29 89 DT-06 DT - EL ESTERO PARK LARGE BBQ
AREA SHADE STRUCTURE $ 95,000
30 89 MV-07 MV - MUNRAS/SOLEDAD FREEWAY
ENTRANCE SIGNAGE $ 25,000
31 88 NM-01 NM - 600 LOBOS ST DRAINLINE
IMPROVEMENTS $ 100,000
32 88 VDM-04 VDM - VILLA DEL MONTE TRAFFIC
CALMING PHASE I $ 360,000
33 87 NM-17 NM - LOWER PRESIDIO WALKWAY,
PHASE II $ 78,000
34 86 OT-01 OT - IMPROVE PATH FROM HARRISON
ST TO VETERANS PARK $ 80,000
35 85 DT-12 DT - INSTALL PICKLE BALL COURTS AT
MONTEREY TENNIS CENTER $ 55,000
$ 10,013,875

RECOMMENDED CUT-OFF PROJECTS
36 85 VDM-03 VDM - VILLA DEL MONTE RADAR SPEED
SIGNS $ 80,000
37 85 MN-08 MN - FIRE SAFETY ANALYSIS/HAZARD
REDUCTION PROGRAM $ 250,000
38 82 MN-09 MN - NCIP OPPORTUNITY PROPERTY
PURCHASING $ 250,000
39 82 MN-12 MN - TWO BIKE REPAIR STATIONS $ 30,000
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 20, Packet Page 110 EXHIBIT A-2
FY 2024/25 Neighborhood and Community Improvement Program (NCIP) Option 2 – City Staff Recommended Project List
Rank Vote
Total
Project
Number Project Title
Proposed
Project
Budget
1 147 MN-05 CW - FOREST MANAGEMENT & FUEL
REDUCTION (City) $
Funded
through Reso
No. 24-132
2 142 MN-06 MN - UNDERGROUND UTILITIES
PROGRAM (Neighborhood) $ 2,000,000
3 141 DMG-03 DMG - ELDER-FOCUSED EXERCISE
EQUIPMENT AT LAGUNA GRANDE PARK $ 60,000
4 139 MV-01 MV - MUNRAS AVE & VIA ARBOLES
CURB RAMP CONSTRUCTION $ 25,000
5 139 NM-12 NM - HILLTOP PARK CENTER
RENOVATION (Neighborhood) $ 1,000,000
6 139 MN-03 MN- FIRE STATIONS 12 and 13
REHABILITATION (City) $ 2,250,000
7 133 NM-04 NM – NEW MONTEREY NEIGHBORHOOD

PLAN UPDATE N/A
8 130 COK-06

COK - RAMONA AVE SIDEWALK INFILL

B/T EDINBURG AVE & STUART AVE
(NEW SIDEWALK INSTALLATION)
$ 22,000
9 130 DF-01 DF - INSTALL ELECTRICAL DISCONNECT

AT JOSSELYN CYN & DEER FOREST DR N/A
10 129 COK-02 COK - 801 CASANOVA AVE SIDEWALK
INFILL (NEW SIDEWALK INSTALLATION) $ 14,000
11 129 DMB-04 DMB - NATIVE PLANT DUNE
ECOSYSTEM RESTORATION $ 35,000
12 126 SK-02 MV - NEW FENCING AT VETERANS
PARK (City) $ 35,000
13 125 COK-04 COK - N FREMONT GAP BIKE/PED PATH
GRANT MATCHING FUNDS $ 250,000
14 124 COK-01 COK - 57 MELWAY CIR SIDEWALK INFILL
(NEW SIDEWALK INSTALLATION) $ 1,000
15 123 DT-05 DT - REPLACE & INSTALL NEW LIGHTS &
POLES AT SOLLECITO FIELD $ 422,000
16 123 MN-01 MN - INSTALL AUTOMATED LICENSE
PLATE READER (ALPR) CAMERAS $
Funded
through Reso
No. 24-148
17 122 DMB-06 DMB - REPLACE CABLES ALONG
WALKWAYS $ 30,000
18 120 RR-01 RR - PICKLEBALL COURT

CONSTRUCTION FUNDING N/A
19 116 COK-05 COK - REPLACE TWO RADAR SPEED
SIGNS ON AIRPORT RD $ 25,000
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 21, Packet Page 111 EXHIBIT A-2
Rank Vote
Total
Project
Number Project Title
Proposed
Project
Budget
20 111 NM-18 NM - CANNERY ROW WORKERS
HOUSING RESTORATION $ 60,000
21 109 SK-03 SK - VETERANS PARK DAY USE AREA
EROSION CONTROL RESTORATION $ 200,000
22 108 MV-06 MV - SAN BERNABE ROAD WIDENING &
SIDEWALK CONSTRUCTION $ 1,671,875
23 99 VDM-01 VDM - CASA VERDE WAY UNDERPASS

MURALS N/A
24 98 NM-03 NM - DAVID AVE/TERRY ST CROSSWALK
& ISLAND $ 300,000
25 94 VDM-05 VDM - VILLA DEL MONTE TRAFFIC
CALMING PHASE II $ 175,000
26 92 DMB-05 DMB - INSTALL BIKE RACK IN PARKING
LOT $ 20,000
27 91 DMB-01 DMB - INSTALL BEACH BOARDWALK
LIGHTING $ 20,000
28 89 DT-04

DT - REPLACE IRRIGATION DRAINAGE

SYSTEM & INSTALL NEW TURF AT

JACKS PARK
$ 100,000
29 89 DT-06 DT - EL ESTERO PARK LARGE BBQ
AREA SHADE STRUCTURE $ 95,000
30 89 MV-07 MV - MUNRAS/SOLEDAD FREEWAY
ENTRANCE SIGNAGE $ 25,000
31 88 NM-01 NM - 600 LOBOS ST DRAINLINE
IMPROVEMENTS $ 100,000
32 88 VDM-04 VDM - VILLA DEL MONTE TRAFFIC
CALMING PHASE I $ 360,000
33 87 NM-17 NM - LOWER PRESIDIO WALKWAY,
PHASE II $ 78,000
34 86 OT-01 OT - IMPROVE PATH FROM HARRISON
ST TO VETERANS PARK $ N/A
35 85 DT-12 DT - INSTALL PICKLE BALL COURTS AT
MONTEREY TENNIS CENTER $ 55,000
36 85 VDM-03 VDM - VILLA DEL MONTE RADAR SPEED
SIGNS $ 80,000
37 85 MN-08 MN - FIRE SAFETY ANALYSIS/HAZARD

REDUCTION PROGRAM N/A
38 82 MN-09 MN - NCIP OPPORTUNITY PROPERTY
PURCHASING $ 250,000
39 82 MN-12 MN - TWO BIKE REPAIR STATIONS $ N/A
40 81 MV-02 MV - VIA GAYUBA SPEED REDUCTION

MEASURES N/A
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 22, Packet Page 112 EXHIBIT A-2
Rank Vote
Total
Project
Number Project Title
Proposed
Project
Budget
41 81 NM-14 NM – CYPRESS PARK TENNIS COURT
RESURFACING $ 15,000
$ 9,773,875

RECOMMENDED CUT-OFF PROJECTS
42 80 DT-07

DT - UPGRADE MONTEREY PUBLIC

LIBRARY ENERGY EFFICENCY &

ELECTRICAL
$ 500,000
43 79 DT-08 DT - UPGRADE MONTEREY PUBLIC
LIBRARY EXTERIOR $ 100,000
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 23, Packet Page 113 FY 2024/25 Neighborhood and Community Improvement Program (NCIP) Project Voting Results and Ranking – June 6, 2024
EXHIBIT A-3 Project Rank Project Votes Received Project No. Year Submitted Project Title Project Description (Short) Estimated Project Cost
Running Total of
Estimated
Project Costs
Total Program
Funding Available
$ 11,000,000
1 147 MN-05 2024

CW - FOREST

MANAGEMENT & FUEL
REDUCTION (City)
Continued management of city wide forest and open
space to minimize risk of wildfire and encourage good
forest health
$ 1,000,000 $ 1,000,000 $ 10,000,000
2 142 MN-06 2024

CW - UNDERGROUND

UTILITIES PROGRAM
(Neighborhood)
Revised to target undergrounding utilities along Del
Monte Ave between Sloat Ave and Palo Verde Ave and N.

Fremont St
$ 2,000,000 $ 3,000,000 $ 8,000,000
3 141 DMG-03 2024

DMG - ELDER-FOCUSED
EXERCISE EQUIPMENT @

LAGUNA GRANDE PARK
Installation of elder-focused exercise equipment at
Laguna Grande Park $ 60,000 $ 3,060,000 $ 7,940,000
4 139 MV-01 2024

MV - MUNRAS AVE & VIA

ARBOLES CURB RAMP
CNSTR
Build ADA Compliant Curb Ramp at Munras Ave and Via
Arboles removing dirt berm and plantings at corner for
crosswalk
$ 25,000 $ 3,085,000 $ 7,915,000
5 139 NM-12 2024

NM - HILLTOP PARK CENTER

RENOVATION
(Neighborhood)
Renovate Hilltop Community Center Building in Phases,
Phase 1 $ 1,000,000 $ 4,085,000 $ 6,915,000
6 139 MN-03 2024 CW- FIRE STATIONS 12 and
13 REHABILITATION (City)
Critical Infrastructure Rehabilitation at Fire Stations 12 and 13 $ 2,250,000 $ 6,335,000 $ 4,665,000
7 133 NM-04 2024

NM - NEW MONTEREY

NEIGHBORHOOD PLAN
UPDATE
Update the New Monterey Area Plan. Current plan was
adopted in October 1991 $ 200,000 $ 6,535,000 $ 4,465,000 8 130 COK-06 2024

COK - RAMONA AVE

SIDEWALKW INFILL B/T

EDINBURG AVE & STUART
AVE
Infill sidewalk along Ramona Ave to connect Edinburgh
Ave to Stuart Ave
$ 22,000 $ 6,557,000 $ 4,443,000
9 130 DF-01 2024

DF - INSTALL ELECTRICAL

DISCONNECT AT JOSSELYN

CYN & DEER FOREST DR
Install electrical disconnect between the power source at underground pullbox and the light fixtures at Josselyn Cyn & Deer Forest Dr intersection
$ 5,000 $ 6,562,000 $ 4,438,000
10 129 COK-02 2024 COK - 801 CASANOVA AVE

SIDEWALK INFILL
Infill sidewalk from southeast side of 801 Casanova to
complete sidewalk $ 14,000 $ 6,576,000 $ 4,424,000
11 129 DMB-04 2024 DMB - NATIVE PLANT DUNE

ECOSYSTEM RESTORATION
Review existing plant communities and replant as needed on open dune space north of Tide Ave and/or west of
Beach Way
$ 35,000 $ 6,611,000 $ 4,389,000
12 126 SK-02 2024 SK -NEW FENCING AT
VETERANS PARK (City)
Install 650 ft of wooden fence along Veterans Dr. at
Veterans Park $ 35,000 $ 6,646,000 $ 4,354,000
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 24, Packet Page 114 Page 1 of 9 FY 2024/25 Neighborhood and Community Improvement Program (NCIP) Project Voting Results and Ranking – June 6, 2024
EXHIBIT A-3 Project Rank Project Votes Received Project No. Year Submitted Project Title Project Description (Short) Estimated Project Cost
Running Total of
Estimated
Project Costs
Total Program
Funding Available
13 125 COK-04 2024

COK - N FREMONT GAP

BIKE/PED PATH GRANT

MATCHING FUNDS
Provide matching funds for installation of Class I facility on N. Fremont St between Casanova Ave and Canyon Del
Rey Blvd/SR 218
$ 250,000 $ 6,896,000 $ 4,104,000
14 124 COK-01 2024 COK - 57 MELWAY CIR

SIDEWALK INFILL
Infill sidewalk panel on north side of 57 Melway Circle driveway to complete sidewalk $ 1,000 $ 6,897,000 $ 4,103,000 15 123 DT-05 2024

DT - REPLACE & INSTALL

NEW LIGHTS & POLES AT

SOLLECITO FIELD
Replace existing light poles and lights with new poles and new LED lighting at Sollecito Field $ 422,000 $ 7,319,000 $ 3,681,000 16 123 MN-01 2024 CW - INST ALPR CAMERAS Install Automated License Plate Reader (ALPR) cameras at traffic intersections citywide $ 130,000 $ 7,449,000 $ 3,551,000 17 122 DMB-06 2024 DMB - REPLACE CABLES

ALONG WALKWAYS
Replace rusted and failing cables along walkways, dunes, and beach $ 30,000 $ 7,479,000 $ 3,521,000
18 120 RR-01 2024 RR - PICKLEBALL COURT

CONSTRUCTION FUNDING
Design and construct 8 pickleball courts in Ryan Ranch
Park $ 200,000 $ 7,679,000 $ 3,321,000
19 116 COK-05 2024

COK - RPL TWO RADAR

SPEED SIGNS ON AIRPORT
RD
Replacement of two radar speed signs on Airport road
between Lerwick and Littleness $ 25,000 $ 7,704,000 $ 3,296,000 20 111 NM-18 2015

NM - CANNERY ROW

WORKERS HOUSING

RESTORATION
RESO 16-026 FROM RESO 15-117 NIP FY16 PRIOR CUT

OFF PROJECT CANNERY ROW WORKERS SHACKS RESTORE
& REPAIR REPAIR DAMAGED FLOORS, WALLS, AND

CEILINGS OF THREE HISTORIC CANNERY ROW WORKER
CABINS. REPLACE NON COMPLIANT HANDRAILS AND ADD
METAL STAIR NOSING AT WOOD STEPS.
$ 60,000 $ 7,764,000 $ 3,236,000
21 109 SK-03 2009

VETERANS PARK DAY USE

AREA EROSION CONTROL

RESTORATION

THE SMALL CREEK LOCATED AT THE UPPER PORTION OF

THE PARK ADJACENT TO SKYLINE DRIVE IS SEVERELY
ERODED. THIS PROJECT WILL PROVIDE FOR THE DESIGN

AND CONSTRUCTION OF A RESTORED AND STABILIZED
CREEK.
$ 200,000 $ 7,964,000 $ 3,036,000
22 108 MV-06 2024

MV - SAN BERNABE ROAD

WIDENING & SIDEWALK
CNSTR
Road widening and sidewalk construction at San Bernabe
Drive between Via Ventura and Bartolome Way $ 1,671,875 $ 9,635,875 $ 1,364,125 23 99 VDM-01 2024 VDM - CASA VERDE WAY

UNDERPASS MURALS
Phase #2 of VDM-8: Mosaic Murals at Casa Verde
Highway One Underpass $ 100,000 $ 9,735,875 $ 1,264,125 24 98 NM-03 2024 NM - DAVID AVE/TERRY ST

CROSSWALK & ISLAND
Completed Traffic Calming Study identified David/Terry as best location for crosswalk for pedestrians and MST bus riders above Pine Street
$ 300,000 $ 10,035,875 $ 964,125
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 25, Packet Page 115 Page 2 of 9 FY 2024/25 Neighborhood and Community Improvement Program (NCIP) Project Voting Results and Ranking – June 6, 2024
EXHIBIT A-3 Project Rank Project Votes Received Project No. Year Submitted Project Title Project Description (Short) Estimated Project Cost
Running Total of
Estimated
Project Costs
Total Program
Funding Available
25 94 VDM-05 2007 VDM - VILLA DEL MONTE

TRAFFIC CALMING PHASE II
This is for the curb extension and pavement treatment at Casa Verde and Encina. 216-N08-F318-0000 $ 175,000 $ 10,210,875 $ 789,125 26 92 DMB-05 2024 DMB - INST BIKE RACK

PARKING LOT
Install bike rack near parking lot at corner of Beach and Tide $ 20,000 $ 10,230,875 $ 769,125
27 91 DMB-01 2024 DMB - INST BEACH

BOARDWALK LIGHTING
Install lighting for beach boardwalk walkway along Tide Avenue
$ 20,000 $ 10,250,875 $ 749,125
28 89 DT-04 2024

DT - RPL IRRIGATION

DRAINAGE SYSTEM & INST

TURF AT JACKS PARK
Remove irrigation system, replace/upgrade drainage
system, and replace playing surface with new grass turf at Jacks Park
$ 100,000 $ 10,350,875 $ 649,125
29 89 DT-06 2024

DT - EL ESTERO PARK LARGE

BBQ AREA SHADE

STRUCTURE
Construct a shade structure over El Estero Picnic Area $ 95,000 $ 10,445,875 $ 554,125 30 89 MV-07 2012

MUNRAS/SOLEDAD

FREEWAY ENTRANCE

SIGNAGE
Signs for both freeway entrances on the corner of Munras Avenue and Soledad Drive to assist visitors who are not familiar with the area. Current signage is too close to entrance to Hwy 1 to help those approaching the Munras
and Soledad intersection.
$ 25,000 $ 10,470,875 $ 529,125
31 88 NM-01 2024 NM - 600 LOBOS ST

DRAINLINE IMPROVEMENTS
Drainline along 'westerly" (uphill) side of 600 block of Lobos St is unimproved and trip hazard $ 100,000 $ 10,570,875 $ 429,125 32 88 VDM-04 2007 VDM - VILLA DEL MONTE

TRAFFIC CALMING PHASE II
This is a partial median on Garden at Palo Verde and
partial median at Encina at Palo Verde. The project also includes pavement treatment at Casa Verde and
Montecito Ave. 216-N08-F148-0000
$ 360,000 $ 10,930,875 $ 69,125
33 87 NM-17 2004 NM - LOWER PRESIDIO

WALKWAY, PHASE II
This will reconstruct the crosswalk at Lighthouse / Private Bolio and connect the proposed walkway with phase I
walkway. Pedestrians will be able to traverse the area
without walking around the Lighthouse Curve roadway.
216-N05-B305-0000
$ 78,000 $ 11,008,875 $ (8,875)
34 86 OT-01 2024

OT - IMPROVE PATH FROM

HARRISON ST TO VETERANS
PK
New DG for the steps on the path of Harrison St cul-desac to Veterans Park $ 80,000 $ 11,088,875 $ (88,875) 35 85 DT-12 2024

DT - INST PICKLE BALL

COURTS AT MONTEREY

TENNIS CENTER
Convert Tennis Courts 1 and 2 into eight pickleball courts and change name to Monterey Racquet Center $ 55,000 $ 11,143,875 $ (143,875) Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 26, Packet Page 116 Page 3 of 9 FY 2024/25 Neighborhood and Community Improvement Program (NCIP) Project Voting Results and Ranking – June 6, 2024
EXHIBIT A-3 Project Rank Project Votes Received Project No. Year Submitted Project Title Project Description (Short) Estimated Project Cost
Running Total of
Estimated
Project Costs
Total Program
Funding Available
36 85 VDM-03 2007 VILLA DEL MONTE RADAR

SPEED SIGNS
These are radar signs that will give feedback to motorists as they travel through the neighborhood. These signs can be programmed as well as give messages to motorists
whom are over the limit posted for this neighborhood.
216-N08-F338-0000
$ 80,000 $ 11,223,875 $ (223,875)
37 85 MN-08 2024

MN - FIRE SAFETY

ANALYSIS/HAZARD

REDUCTION PROGRAM
Comprehensive fire safety analysis to develop a multiyear hazard reduction program $ 250,000 $ 11,473,875 $ (473,875) 38 82 MN-09 Prior
Years

NCIP OPPORTUNITY

PROPERTY PURCHASING
NCIP OPPORTUNITY PROPERTY PURCHASING $ 250,000 $ 11,723,875 $ (723,875) 39 82 MN-12 2019 CW-BIKE REPAIR STATIONS
RESO 19-166 FY20 $10,000 INSTALL TWO BIKE REPAIR

STATIONS WHICH HAVE ALL THE NECESSARY TOOLS TO

PERFORM BASIC BIKE REPAIRS AT THE BIKE / PEDESTRIAN
TRAIL. NOTE: BIKE STATION PROVIDED BY TAMC
$ 30,000 $ 11,753,875 $ (753,875)
40 81 MV-02 2024 MV - VIA GAYUBA SPEED

REDUCTION MEASURES
Install stop signs at corner of Via Gayuba/Walter Colton Dr and Via Gayuba/Via del Pinar, and install speed humps on Walter Colton Dr.
$ 200,000 $ 11,953,875 $ (953,875)
41 81 NM-14 2024 NM - Cypress Park Tennis
Court Resurfacing Resurface Cypress Park Tennis Courts $ 15,000 $ 11,968,875 $ (968,875) 42 80 DT-07 2024

DT - UPG MONTEREY PUBLIC

LIBRARY ENERGY EFFICENCY
& ELECTRICAL
Upgrade electrical systems and energy efficiency at
Monterey Public Library $ 500,000 $ 12,468,875 $ (1,468,875) 43 79 DT-08 2024 DT - UPG MONTEREY PUBLIC

LIBRARY EXTERIOR
Upgrade exterior of Monterey Public Library $ 100,000 $ 12,568,875 $ (1,568,875) 44 74 MV-03 2024 MV - DRY CREEK RD TC IMPR Improve traffic calming and street narrowing issues from Toyon Drive onto Dry Creek Road $ 30,000 $ 12,598,875 $ (1,598,875) 45 72 DT-09 2024 DT - RPR RPL SW PAVERS

ALVARADO ST
DT - RPR RPL SW PAVERS ALVARADO ST $ 1,150,000 $ 13,748,875 $ (2,748,875) 46 71 MN-13 2019 SK -HWY 1, 68 TO VIEJO BIKE

PATH UPGRADE
RESO 20-004 FY20 $190,000 NIP FUNDING. PATCH AREAS
OF ASPHALT BIKE PATH THAT PARALLELS TO HWY 1
FROM VIEJO UP TO HWY 68.
$ 250,000 $ 13,998,875 $ (2,998,875)
47 67 DMG-01 2024

DMG - N FREMONT ST

PEDESTRIAN IMPR &

BEAUTIFICATION
Improve sidewalks on N Fremont St for pedestrian safety and beautification $ 250,000 $ 14,248,875 $ (3,248,875) Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 27, Packet Page 117 Page 4 of 9 FY 2024/25 Neighborhood and Community Improvement Program (NCIP) Project Voting Results and Ranking – June 6, 2024
EXHIBIT A-3 Project Rank Project Votes Received Project No. Year Submitted Project Title Project Description (Short) Estimated Project Cost
Running Total of
Estimated
Project Costs
Total Program
Funding Available
48 65 DMB-03 2024 DMB - NATIVE PLANTS FOR

MONARCH MIGRATIONS
Plant monarch-friendly, native flowers near the Spray Ave Tot Lot
$ 1,000 $ 14,249,875 $ (3,249,875)
49 65 NM-16 2018 NM - CANNERY ROW PUBLIC

RESTROOM DESIGN
RESO 18-108 LOCATE A SITE AND DESIGN A NEW PUBLIC
RESTROOM FOR CANNERY ROW. MINIMUM OF TWO
STALLS BASED ON MAXIMIZING SPACE. NEAR BRUCE

ARISS WAY ADJACENT TO THE WORKER SHACKS OR
WHEREVER FEASIBLE. CANNERY ROW BUSINESS DISTRICT

WILL MAINTAIN THE CONSTRUCTED RESTROOMS IN
PHASE 2
FY19 $97,000
$ 150,000 $ 14,399,875 $ (3,399,875)
50 63 DT-15 2024 DT - INST MURAL AT

MARINA RRF
Mural Installation at the Marina Rescource Recovery
Facility in the Marina Parking Lot near the Monterey
History and Art Museum.
$ 25,000 $ 14,424,875 $ (3,424,875)
51 63 MV-04 2024 MV - IMPR VIA PARAISO

RACQUET COURTS
Complete resurfacing and refinishing and other
improvements of the Via Paraiso Racquet Courts $ 30,000 $ 14,454,875 $ (3,454,875) 52 61 DT-13 2024 DT - MONTEREY TENNIS

CENTER IMPROVEMENTS
Updated Lights; Court Repairs; New Fencing; Updated Pro Shop $ 300,000 $ 14,754,875 $ (3,754,875)
53 61 MV-08 2019 MV-MAR VISTA TRAFFIC
CALMING PH 1
RESO 19-166 FY20 $238,000 PHASE 1 CONSTRUCTION OF

THE PLAN DEVELOPED FOR MAR VISTA BY PREVIOUS NCIP
PROJECT. LOCATION AT MAR VISTA AND TODA VISTA
$ 800,000 $ 15,554,875 $ (4,554,875)
54 60 DF-02 2016 DF - OLD SALINAS HWY PED

SIGN AND LIGHTING
Old Salinas Hwy Ped Signing, Lighting Improvements (CW4) Construct spot widenings, add two new street lights on existing power poles; install edge line to delineate walking space on south side; install street name signs and no
parking signs.
$ 85,000 $ 15,639,875 $ (4,639,875)
55 59 NM-07 2024 NM - LYNDON ST SW CNSTR Install sidewalk on Lyndon Street between Withers Ave and Irving Ave $ 100,000 $ 15,739,875 $ (4,739,875)
56 57 MN-14 2016 CW-REC TRAIL RESTROOM

SIGNAGE
Rec Trail Restroom Signage (CW-37) Increased signage
along recreation trail to alert users to public restrooms that are close by.
$ 30,000 $ 15,769,875 $ (4,769,875)
57 56 DT-16 2017 CW-2 GREAT BLUE HERON

SCULPTURE RESTORAT
Concern that Great Blue Heron Status is sinking into Lake El Estero. Repair base of sinking statue. RESO 18-005 FY18 $15,000
$ 50,000 $ 15,819,875 $ (4,819,875)
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 28, Packet Page 118 Page 5 of 9 FY 2024/25 Neighborhood and Community Improvement Program (NCIP) Project Voting Results and Ranking – June 6, 2024
EXHIBIT A-3 Project Rank Project Votes Received Project No. Year Submitted Project Title Project Description (Short) Estimated Project Cost
Running Total of
Estimated
Project Costs
Total Program
Funding Available
58 56 DT-20 2016 DT-HARTNELL GULCH
STREAM RESTORE PH1
Hartnell Gulch Stream Restoration - Phase I (DT-1): Phase I of the Stream Restoration Plan for the Hartnell Gulch to remove non-native species, stabilize the embankment,
and plant new drought-tolerant and native plants beside the library parking lot.
$ 850,000 $ 16,669,875 $ (5,669,875)
59 53 NM-02 2024 NM - DAVID AVE OPEN

SPACE ACQUISITION
Acquisition of prominent open space locations owned by
MPUSD at entrance to New Monterey from Pacific Grove $ 50,000 $ 16,719,875 $ (5,719,875) 60 51 DT-11 2024 DT - DEL MONTE CORRIDOR

EDUCATION SIGNS
Improvements to install educational and outdoor signs on the rec trail near Lake El Estero on Del Monte Avenue $ 5,000 $ 16,724,875 $ (5,724,875) 61 50 DT-01 2024

DT - INST STOP SIGN AT

WEBSTER & CAMINO EL
ESTERO
Install stop sign and improve crosswalk at Webster St and Camino El Estero $ 50,000 $ 16,774,875 $ (5,774,875)
62 50 DT-02 2024

DT - INST VIDEO

SURVEILLANCE AT DENNIS

THE MENACE PK ENTRY
Install Dennis the Menace statue securely with video
surveillance system $ 75,000 $ 16,849,875 $ (5,849,875) 63 49 MN-10 2016 CW-PUBLIC ART SECURITY
PLAN PH1
Public Art Security Plan, Ph I (CW-31 & 32): Prepare indepth security plan for protection and security of city art work displayed publicly, plus implement Phase 1 (for high value items). Install at least two video surveillance
systems in two historic locations.
$ 100,000 $ 16,949,875 $ (5,949,875)
64 48 DT-21 2012 EL ESTERO LAKE EDGE

IMPROVEMENTS PH V
Install hard edge along west leg of El Estero Lake adjacent to the Pearl Street bridge to stop erosion and restore
path. Project is consistent with the four previous projects to restore the lake edge.
$ 300,000 $ 17,249,875 $ (6,249,875)
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 29, Packet Page 119 Page 6 of 9 FY 2024/25 Neighborhood and Community Improvement Program (NCIP) Project Voting Results and Ranking – June 6, 2024
EXHIBIT A-3 Project Rank Project Votes Received Project No. Year Submitted Project Title Project Description (Short) Estimated Project Cost
Running Total of
Estimated
Project Costs
Total Program
Funding Available
65 48 NM-08 2024 NM - HILLTOP PARK CENTER
REHABILITATION (City)
Rehabilitation of Hilltop Park Center - Hilltop Park Center in New Monterey is a re-purposed school that opened as
park center in 1985. It contains class, meeting, activity, and community rooms as well as art space and kitchen
facilities. Rehabilitation consists of: new roof w/gutters and downspouts to include any roof structural work, new sewer lateral, seismic assessment, termite treatment, this may include any critical failure items identified in the current facility assessment as urgent.
$ 2,000,000 $ 19,249,875 $ (8,249,875)
66 47 MN-11 2015 CW-HISTORIC MONTEREY

MASTER PLAN FOR ART
SURVEY AT LEAST 60 LOCATIONS OF STRATEGIC
LOCATIONS FOR OUTDOOR PUBLIC ART. TIE A PATH

FROM THE LOWER PRESIDIO TO THE ROYAL PRESIDIO

CHAPEL ON CHURCH ST OUTDOOR PUBLIC ART THAT

HELPS TO IDENTIFY MONTEREY'S HISTORIC AND

CULTURAL ASSETS AND AIDS POINT TO POINT WAY
FINDING. THE ARE MAY BE A COMBINATION MURALS,
SIGNS, PLANTINGS, OR A SCULPTURE OF THE SIGNAGE.

EXPAND THE CONCEPT OF PATH OF HISTORY THAT LINKS

PASEO, PEDISTRIAN SHORT CUT THROUGH OFF STREET
PATHS ETC. THAT LINK THE 40 ADOBES, VICTORIANS,
PARKS AND MUSEUMS.
$ 150,000 $ 19,399,875 $ (8,399,875)
67 46 MN-02 2024

CW - REC TRAIL SEPARATE

LANES FOR BIKES AND

PEDESTRIANS
Separate lanes for bikes, surreys, and e-bikes on
Recreation Trail between Fisherman's Wharf to Monterey
Bay Aquarium
$ 380,000 $ 19,779,875 $ (8,779,875)
68 44 DT-10 2024
DT - 40TH ANNIVERSARY OF

GRANIZO MONTEREY

MURAL AT MCC
40th anniversary of "The Monterey Mural" by Guillermo
Granizo to restore mural and acquire new art by Granizo and call for artists to produce new work in Granizo's style reviewed by MCAC
$ 25,000 $ 19,804,875 $ (8,804,875)
69 44 VDM-02 2024
VDM - FIRESTATION 13

IMPROVEMENTS
(Neighborhood)
Fire Station #13 Renovations and Safety Improvements $ 500,000 $ 20,304,875 $ (9,304,875) Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 30, Packet Page 120 Page 7 of 9 FY 2024/25 Neighborhood and Community Improvement Program (NCIP) Project Voting Results and Ranking – June 6, 2024
EXHIBIT A-3 Project Rank Project Votes Received Project No. Year Submitted Project Title Project Description (Short) Estimated Project Cost
Running Total of
Estimated
Project Costs
Total Program
Funding Available
70 37 DMB-07 20418 DMB - BEACH WAY TOILETS
RESO 18-108 REPLACE EXISTING PORTABLE TOILETS WITH
ONE OR MORE BUILT IN TOILETS. PORTLAND LOO DUE TO

ITS REMOTE LOCATION A SEFT WASHING SECURE TOILET
WOULD WORK BEST FY19 $434,000
$ 1,000,000 $ 21,304,875 $ (10,304,875)
71 37 RR-02 2024 RR - RYAN RANCH SW IMPR

X-WALK INST
Install pedestrian friendly sidewalks on the Ohana side of Lower Ragsdale and install 3 crosswalks $ 170,000 $ 21,474,875 $ (10,474,875) 72 36 DMB-02 2024 DMB - BEACH TAKE A TOY

LEAVE A TOY
Place a box near beach to hold unclaimed or donated
beach toys at corner of Beach and Tide $ 1,500 $ 21,476,375 $ (10,476,375) 73 36 NM-11 2024 NM - CANNERY ROW

PEDESTRIAN IMPR
Convert Cannery Row to one-way one lane and remove
parking from one side improving pedestrian access $ 250,000 $ 21,726,375 $ (10,726,375) 74 34 DT-22 2006 EL DORADO DRIVEWAY

RECONSTRUCTION
216-N07-C527-0000
RESO#07-064
$ 30,000 $ 21,756,375 $ (10,756,375)
75 34 FF-02 2017 FF-3 VIA MARETTIMO

STREETLIGHT
Cul De Sac is "pitch black" after sunset -- this cul de sac needs street light similar to light on Augusta Place cul de sac.
$ 30,000 $ 21,786,375 $ (10,786,375)
76 32 DT-23 2014 DT-HARTNELL GULCH PARK

IMPROVEMENTS

COMPLETE A STREAM RESTORATION PROJECT FOR THE

HARTNELL GULCH AREA FROM HARTNELL STREET UP TO

PACIFIC STREET, WHILE PROVIDING COMMUNITY PARK
SPACE IN THE DOWNTOWN AREA. THE PROJECT WOULD

IMPROVE STORMWATER QUALITY, AESTHETICS, AND
URBAN HABITAT IN A DIMINISHED PUBLIC SPACE.

IMPROVE A PEDESTRIAN CORRIDOR. RAISE AWARENESS
OF THE URBAN WATERSHED. THE HEALTH OF THE

WATERSHED IS INDICATIVE OF THE HEALTH OF
COMMUNITY. THE PROJECT IS HOPING TO BE ALIGNED

WITH AND COMPLEMENT THE EXISTING LIBRARY MASTER

PLAN, BUILDING MOMENTUM AND STEWARDSHIP BY
KICKING OFF THE STREAM RESTORATION PROJECT. THE

PROJECT ESTIMATE WOULD BE FOR A NOT TO EXCEED

AMOUNT AND WOULD INCLUDE BUT NOT BE LIMITED
TO:

1. STREAM RESTORATION: ELIMINATE INVASIVE SPECIES
AND RESTORE WITH NATIVE HABITAT. PROMOTE

VOLUNTEER OPPORTUNITIES THROUGH THIS PROCESS
(FRIENDS OF HART
$ 850,000 $ 22,636,375 $ (11,636,375)
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 31, Packet Page 121 Page 8 of 9 FY 2024/25 Neighborhood and Community Improvement Program (NCIP) Project Voting Results and Ranking – June 6, 2024
EXHIBIT A-3 Project Rank Project Votes Received Project No. Year Submitted Project Title Project Description (Short) Estimated Project Cost
Running Total of
Estimated
Project Costs
Total Program
Funding Available
77 25 DT-18 2019 CW-DOWNTOWN

PORTLAND LOOS
RESO 19-166 FY20 $250,000 TO PURCHASE AND PLACE

ONE PORTLAND LOO IN THE DOWNTOWN AREA AND
PLACE SIGNS POINTING TO THE RESTROOM.
$ 750,000 $ 23,386,375 $ (12,386,375)
78 23 NM-09 2024

NM - RPL GRASS FOR TURF

AT TRINITY CHRISTIAN

SCHOOL PLAYGROUND
Replace grass areas with turf at both playground areas $ 250,000 $ 23,636,375 $ (12,636,375) 79 19 DT-17 2015 DT-JACKS PARK ENTRANCE

BASEBALL STATUE

THE PROJECT WILL RELOCATE THE EXISTING LITTLE

LEAGUER AT BAT STATUE TO A CONCRETE PEDISTAL

WITH UP-LIGHTING TO THE LEFT SIDE OF THE PARK

ENTRANCE
$ 40,000 $ 23,676,375 $ (12,676,375)
80 13 DT-19 1999 MTRY BAY PARK
RESTROOMS PH. 3
This project will construct a restroom in the Phase II area of the park improvements just off Camino El Estero. 216- N00-X210-0000
$ 1,000,000 $ 24,676,375 $ (13,676,375)
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 32, Packet Page 122 Page 9 of 9 ATTACHMENT 5
1 June 3, 2024
To: NCIP Committee Members
From: City of Monterey Staff
The City staff have reviewed the 100 nominated project applications received by the February 9, 2024, submittal deadline for the 2024/25 Neighborhood and Community Improvement Program (NCIP) cycle.

The 100 nominated projects consist of 69 new nominated projects and 31 previously approved projects that were closed with funds transferred to the General Fund by City Council Resolution 20-051 that were automatically renominated. During the project review process by the NCIP Committee that started in February 2024, 17 nominations have been withdrawn. This leaves 83 projects for consideration with an estimated value of $22,436,375.

City staff have developed positions on these 83 projects. City staff support 32 of the projects with an estimated budget of $9,829,000, have taken a neutral position on 13 projects ($5,546,875), and do not support moving forward with the remaining 38 projects ($7,060,500). City staff rationale for supporting, remaining neutral or not supporting a particular project is captured in the three tables in this memo. In general, City staff supports and recommends projects that provide a significant benefit to the local neighborhood, community and the City in general to move forward. Projects that either may not provide a significant benefit or will take a significant time or effort to implement are not recommended to move forward at this time. The City is understaffed in the Public Works Department and in particular key Engineering Division positions and does not have the capacity to take on a large number of projects that may not provide significant benefit to the City at this time. Furthermore, the City has significant infrastructure needs to address including those at Fire Stations 12 and 13 and the Hilltop Park Center that require staff resources to implement.

NCIP Nominated Projects with Staff Support – 32 Projects Project
Number
Neighborhood Year
Submitted
Project Description Rationale Cost
Estimate
COK-01 Casanova Oak
Knoll
2024 Infill sidewalk from
North side of
driveway of 49
Melway Circle
Sidewalk infill on
Casanova and
Ramona Ave is
consistent with CONA
Area Plan – Policy 13.
$1,000
COK-02 Casanova Oak
Knoll
2024 Infill sidewalk from
southeast side of 801
Casanova Ave to
complete sidewalk
Sidewalk infill on
Casanova and
Ramona Ave is
consistent with CONA
Area Plan – Policy 13.
$14,000
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 33, Packet Page 123 ATTACHMENT 5
2 Project
Number
Neighborhood Year
Submitted
Project Description Rationale Cost
Estimate
COK-04 Casanova Oak
Knoll
2024 Partial Matching
Funds for N. Fremont
Gap Construction
Funding is needed for
grant matching funds.
$250,000
COK-05 Casanova Oak
Knoll
2024 Install 2 replacement
radar speed signs at
Airport Rd between
Lerwick and Littleness
Original radar speed
signs stop working
and need to be
replaced.
$25,000
COK-06 Casanova Oak
Knoll
2024 Sidewalk Infill at
corner of Ramona
Ave and Stuart Ave
(110 ft)
Sidewalk infill on
Casanova and
Ramona Ave is
consistent with CONA
Area Plan – Policy 13.
$22,000
DF-02 Deer Flats 2016 Old Salinas Hwy
Pedestrian
Improvements,
Signage and Lighting
The area is dark at
night and would
benefit from
improvements.
$85,000
DMB-04 Del Monte
Beach
2024 Beach Dune
Restoration
Ongoing dunes and
environmental
management.
$35,000
DMB-05 Del Monte
Beach
2024 Install Bike Racks at
Tide Ave and Beach
Way
Supports biking and
increased access to
the beach.
$20,000
DMB-06 Del Monte
Beach
2024 Repair Protective
Cables along Beach
Walkways
Replace rusted and
failing cables.
$30,000
DMG03Del Monte
Grove
2024 Elder Exercise
Equipment
Installation at Laguna
Grande Park (3 pieces
of resistance
equipment)
Supports quality of
life through fostering
opportunities for the
public to stay
physically and
mentally active.
$60,000
DT-04 Downtown 2024 Replace turf field and
irrigation at Jacks
Park Softball Field
Field needs to be
resodded to return to
playable surface.
$100,000
DT-05 Downtown 2024 Replace light poles
and lights with new
poles and LED lights
at Sollecito Field
Replacing lights will
increase energy
efficiency and reduce
staff expenses.
$175,000
DT-06 Downtown 2024 El Estero Park large
Group BBQ Area
Shade Structure
Largest rental BBQ
Area in the City would
benefit from shade
structure.
$95,000
DT-07 Downtown 2024 Monterey Public
Library Energy
Upgrading the
electrical system and
improving energy
$500,000
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 34, Packet Page 124 ATTACHMENT 5
3 Project
Number
Neighborhood Year
Submitted
Project Description Rationale Cost
Estimate
Efficiency
Improvements
efficiency will be a
benefit to the Library
patrons and Library
finances.

DT-08 Downtown 2024 Monterey Public
Library Exterior
Upgrades
Upgrading the
exterior of the Library
would benefit Library
patrons and the area
around the Library.
$100,000
DT-12 Downtown 2024 Convert Tennis
Courts 1 and 2 into
eight pickleball courts
at Monterey tennis
Center
Benefit to City to
upgrade/improve
existing facilities;
increase access to a
popular sport.
$55,000
DT-13 Downtown 2024 Update lights, court
repairs, update pro
shop at Monterey
Tennis Center
Benefit to City to
upgrade/improve
existing facilities.
$300,000
DT-14 Downtown 2024 Install Beach Mat
Wayfinding Signage
City to install signs
through a work order
recommend deleting
project
$2,000
DT-15 Downtown 2024 Mural Installation at
Marina Resource
Recovery Facility
Mural will prevent
graffiti on City-owned
facility. Can we
discuss if it gets
tagged?
$25,000
MV-01 Monterey
Vista
2024 Build Sidewalk ADA
Compliant at Munras
Ave and Via Arboles
City supports
constructing the ADA
compliant curb ramp.
$25,000
MV-07 Monterey
Vista
2012 Munras/Soledad Hy
Entrance signage
City supports
improved signage
that improves travel
through the City.
$25,000
NM-08 New Monterey 2024 Hilltop Park Center
Rehabilitation (City
Project)
City proposal to
address needed
maintenance.
$2,000,000
NM-14 New Monterey 2024 Cypress Park Tennis
Court Resurfacing
Court needs
resurfacing
$15,000
NM-16 New Monterey 2018 Cannery Row Public
Restroom Design
Supports resident,
business, and visitor
access to Cannery
Row Business District.
$150,000
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 35, Packet Page 125 ATTACHMENT 5
4 Project
Number
Neighborhood Year
Submitted
Project Description Rationale Cost
Estimate
NM-18 New Monterey 2015 Cannery Row
Workers Housing
Restoration
Workers Housing is a
critical part of
Cannery Row’s
history; buildings are
in need of repair.
$60,000
RR-02 Ryan Ranch 2024 Ryan Ranch Lower
Ragsdale Pedestrian
Improvements
Installation of curb
ramps in the
intersections will
improve access.
$170,000
SK-01 Skyline 2024 Veterans Park Trail
side education
signage
City to implement
project outside of
NCIP. Recommend
removing project
$5,000
SK-02 Skyline 2024 Update Fencing at
Veterans Park in the
Basketball/Bocce
Court Area
Improved fencing will
improve the park user
experience.
$35,000
SK-03 Skyline 2009 Veteran’s Park Day
Use Area Erosion
Control
Project will address
stormwater erosion.
$200,000
MN-03 MultiNeighborhood2024 Fire Stations 12 and
13 rehabilitation (City
Project)
City proposal to
address needed Fire
Stations 12 and
13rehabilitation.
$2,250,000
MN-05 MultiNeighborhood2024 Citywide Greenbelt
Forest Management
(City Project)
Management of City
Greenbelts is critical
project.
$1,000,000
MN-06 MultiNeighborhood2024 Utility Underground
(Neighborhood
Project)
**Request to
combine City Project
with Neighborhood
Project**
$2,000,000
NCIP Nominated Projects where Staff is Neutral – 13 Projects Project
Number
Neighborhood Year
Submitted
Project Description Rationale Cost
Estimate
DT-09 Downtown 2024 Replace brick
sidewalks on Alvarado
St with concrete
sidewalks – thought it
was pavers?
$1,150,000
DT-20 Downtown 2016 Hartnell Gulch Stream
Restoration
$850,000
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 36, Packet Page 126 ATTACHMENT 5
5 Project
Number
Neighborhood Year
Submitted
Project Description Rationale Cost
Estimate
DT-23 Downtown 2014 Hartnell Gulch Park
Improvements
See DT-20
MV-03 Monterey Vista 2024 Traffic Calming on Dry
Creek Rd and Toyon
Dr
$30,000
MV-06 Monterey Vista 2024 Road Widening on San
Bernabe Dr
$1,675,000
MV-08 Monterey Vista 2019 Mar Vista Traffic
Calming Ph 1
$800,000
NM-01 New Monterey 2024 600 Block of Lobos St
Drainage
Improvements
$100,000
NM-04 New Monterey 2024 New Monterey
Neighborhood Plan
Update
$200,000
VDM-03 Villa Del Monte 2007 Villa Del Monte Radar
Speed Signs w/o
Specific Locations
$80,000
VDM-04 Villa Del Monte 2007 Traffic Calming Phase I $360,000 VDM-05 Villa Del Monte 2007 Traffic Calming Phase
II
$175,000
MN-01 MultiNeighborhood2024 Citywide ALPR License
Plate Reader Cameras
$130,000
MN-09 MultiNeighborhood2024 Restore NCIP
Opportunity Property
Purchase Fund
TBD
NCIP Nominated Projects without Staff Support – 38 Projects Project
Number
Neighborhood Year
Submitted
Project Description Rationale Cost
Estimate
DF-01 Deer Flats 2024 Install Electrical
Disconnect for
decorative lighting in
neighborhood
entrance planter
HOA is responsible for
maintaining common
assets in Deer Flats.
$5,000
DMB-01 Del Monte
Beach
2024 Install lighting for
beach boardwalk
along Tide Ave
Potential conflicts
with Dark-Sky
Association. Project
would require Coastal
Commission Approval.
$20,000
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 37, Packet Page 127 ATTACHMENT 5
6 Project
Number
Neighborhood Year
Submitted
Project Description Rationale Cost
Estimate
DMB-02 Del Monte
Beach
2024 Place a box near
beach to hold
unclaimed or
donated beach toys
Concern toy box
would have to be
actively managed.
$1,500
DMB-03 Del Monte
Beach
2024 Monarch Butterly
Friendly Plant
Garden
Insufficient space for
garden in DMB.
$1,000
DMB-07 Del Monte
Beach
2018 Replace existing
portable toilets at
Tide Ave and Beach
Way with one or
more built-in toilets
City does not have
sufficient water
credits to install new
restrooms.
$1,000,000
DMG01Del Monte
Grove
2024 N Fremont St
Pedestrian
Improvements &
Beautification
Sidewalk
improvements are
responsibility of
property owner.

Improvements to be
required at
development.
$250,000
DT-01 Downtown 2024 Stop sign installation
at Webster St and
Camino El Estero
Project conflicts with
existing NCIP project
to install crosswalk
and Rectangular
Rapid Flashing Beacon
(nip2308)
$50,000
DT-02 Downtown 2024 Install Surveillance
for reinstallation of
Dennis The Menace
Statue
City is installing a
replica statue that will
not require
surveillance.
$75,000
DT-10 Downtown 2024 Celebrate the 40th
Anniversary of “The
Monterey Mural” by
Guillermo Granizo to
restore mural and
acquire new art by
Granizo
The Monterey Mural
was commissioned.

Artist did not make
any additional pieces
of art that would fit
into City’s collection.
$25,000
DT-11 Downtown 2024 Install educational
signage on
Recreation Trail
along Del Monte Ave
Signs in this area of
Rec Trail will
contribute to sign
clutter.
$5,000
DT-16 Downtown 2017 Restore Great Blue
Heron Sculpture
Base. (Statue is
believed to be
sinking)
City to confirm
whether statue is
sinking and report
back to NCIP
Committee
$50,000
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 38, Packet Page 128 ATTACHMENT 5
7 Project
Number
Neighborhood Year
Submitted
Project Description Rationale Cost
Estimate
DT-17 Downtown 2015 Relocate baseball
player statue at Jacks
Park to field level at
the Park entrance.

Relocated statue will
become a target for
theft.
$40,000
DT-18 Downtown 2019 Install one Portland
Loo restroom in the
Downtown Area
City does not have
sufficient water
credits to install new
restrooms.
$750,000
DT-19 Downtown 1999 Monterey Bay Park
Restroom Phase 3
City does not have
sufficient water
credits to install new
restrooms.
$1,000,000
DT-21 Downtown 2012 El Estero Lake Edge
Improvements Phase
V
Project is not feasible. $300,000
DT-22 Downtown 2006 El Dorado Driveway
Reconstruction
Cannot spend public
funds to benefit
individual property
owners.
$30,000
FF-02 Fishermen’s
Flats
2017 Via Marettimo
Streetlight
Project is not
supported by
adjacent property
owner.
$30,000
MV-02 Monterey Vista 2024 Traffic Calming on
Via Gayuba
Stop signs not
warranted.
$200,000
MV-04 Monterey Vista 2024 Via Paraiso Park
Court Improvements
Tennis and Pickleball
courts are in
adequate condition.

No need for
resurfacing at this
time.
$30,000
NM02/15New Monterey 2024/2018 David Ave Open
Space Acquisition
There is no need for
this property
including associated
liabilites/maintenance
needs. City is focused
on existing facilities.
$50,000
NM-03 New Monterey 2024 David Ave/Terry St
Crosswalk
Improvements
Previously reviewed
crosswalk options.

There were no
consistent crossing
patterns at the
intersection of David
Ave and Terry St.
$100,000
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 39, Packet Page 129 ATTACHMENT 5
8 Project
Number
Neighborhood Year
Submitted
Project Description Rationale Cost
Estimate
NM-07 New Monterey 2024 Lydon St Sidewalks Installation of Sidewalks in Upper
New Monterey is not
consistent with New
Monterey Area Plan
See Program 31F.
$100,000
NM-09 New Monterey 2024 Trinity Christian
School Playground
Grass Turf
Replacement
Private school or
MPUSD (property
owner) responsibility
for maintenance.
$250,000
NM-11 New Monterey 2024 Cannery Row
Pedestrian
Improvements (One
Way and Remove
Parking)
Proposed project is in
conflict with General
Plan. There is no
support from Business
District.
$250,000
NM-12 New Monterey 2024 Renovation of Hilltop
Park (Neighborhood
Project)
Insufficient funding
and need to complete
roof repairs sooner
rather than later. Staff
supports NM-08.
$300,000
NM-17 New Monterey 2004 Proposed walkway
from Pvt Bolio
through Lower
Presidio Park to
Artillery St. (390 ft)
Archaeologically
significant area.
$78,000
OT-01 Old Town 2024 New Decomposed
Granite at
Steps/Sidewalk from
Harrison St to
Veterans Dr
There is a current
NCIP project for this
project (nip2312).
$80,000
RR-01 Ryan Ranch 2024 Ryan Ranch Park
Pickleball Court
Construction
City is focusing on
existing facilities at
the Monterey Tennis
Center.
$200,000
VDM-01 Villa Del Monte 2024 Phase #2 Casa Verde
Underpass Murals
Caltrans-owned
facility. City focusing
on City-owned
properties/facilities.
$100,000
VDM-02 Villa Del Monte 2024 Fire Station #13
Improvements
Insufficient funding
request at $500,000.

Staff supports MN-03.
$500,000
MN-02 MultiNeighborhood2024 Separate Lanes on
Recreation Trail for
Pedestrians and
Bikes
City has determined
that the Rec Trail
meets requirements
in its current
$380,000
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 40, Packet Page 130 ATTACHMENT 5
9 Project
Number
Neighborhood Year
Submitted
Project Description Rationale Cost
Estimate
alignment. No change
is required.

MN-08 MultiNeighborhood2024 Comprehensive fire
safety analysis to
develop multi-year
hazard reduction
program
Project is
unnecessary.

Community Wildfire
Protection Plan was
completed in Nov
2023. Sent the project
applicant an email
with the information.
$250,000
MN-10 MultiNeighborhood2016 Public Art Security
Plan
Not necessary at this
time.
$100,000
MN-11 MultiNeighborhood2015 Historic Monterey
Master Plan for Art
including expanding
the Path of History
City has an existing
project to expand the
Path of History
$150,000
MN-12 MultiNeighborhood2019 Bike repair stations City has concerns of vandalism that will
make it difficult to
maintain the
equipment/tools.
$30,000
MN-13 MultiNeighborhood2019 Repair asphalt paving
on the Viejo Bike
Path parallel to Hwy
1 from Viejo to Hwy
68 Viejo Bike Path is
outside of City of
Monterey jurisdiction.
$250,000
MN-14 MultiNeighborhood2016 Install Restroom
signage along the
Recreation Trail
Additional signage is
not necessary. People
find the restrooms
with the existing
signage.
$30,000
City staff also recommends that the following seven (7) projects that have been approved and funded by City Council in previous NCIP cycles be closed-out and the funds returned to the NCIP fund. These projects are either infeasible and cannot be completed as proposed (i.e. expression swings), do not have sufficient neighborhood support to move forward (i.e. radar speed signs), or the City is focusing on existing facilities.

Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 41, Packet Page 131 ATTACHMENT 5
10 NCIP Projects to Recommend Close-out – 7 Projects
Project
Number
Neighborhood Year
Submitted
Project Description Comments Approved
Budget
nip2304 Del Monte
Grove – Laguna
Grande
2020 Casanova Ave Radar
Speed Signs
Unable to obtain
resident/property
owner agreement to
install signs.
$50,000
nip2315 Monterey Vista 2022 Install Expression
Swing at Via Paraiso
Park
Insufficient space in
playground area to
install Expression
Swing. Expression
Swings require
minimum area of 21
feet by 31 feet.
$30,000
nip2324 Multineighborhood2019 Prepare a study of
existing public
restrooms city-wide
to determine where
additional restrooms
are needed.

Restroom study is
unnecessary given
lack of water for
additional restrooms.

City staff to make
recommendations for
restrooms.
$131,000
nip2325 Old Town 2016 Install Expression
Swing at Larkin Park
Insufficient space in
playground area to
install Expression
Swing. Expression
Swings require
minimum area of 21
feet by 31 feet.
$60,000
nip2326 Villa Del Monte 2017 Improvements at
Casa Verde
Way/Hwy 1
underpass
Caltrans-owned
facility. City is focusing
on City-owned
properties/facilities.
$555,000
nip2330 Fishermen’s
Flats
2019 Josselyn Cayon Radar
Speed Sign
Unable to obtain
resident/property
owner agreement to
install signs.
$55,000
nip2331 Del Monte
Grove – Laguna
Grande
2020 Install a concrete
sidewalk along the
500 Block of
Casanova Ave
Unable to obtain
resident/property
owner agreement to
install sidewalk.
$260,000
Council Regular Meeting, 11/19/2024, Item No. 11., Item Page 42, Packet Page 132 Council
Agenda Report
FROM: Andrea Renny, P.E., PTOE, Public Works Director
Prepared By: Reginald Paulding, P.E., Senior Engineer
SUBJECT: Authorize the Finance Director to Appropriate $210,000 from the Neighborhood and Community Improvement Program Ending Balance Account to the El Estero Park Center Playground Equipment Upgrade Project (Exempt from CEQA Article 19, Section 15301, Class 1, Existing Facilities) ***NCIP*** -- Continued from November 5, 2024
RECOMMENDATION:

That the City Council adopt a resolution authorizing the Finance Director, or their designee, to appropriate $210,000 from the Neighborhood and Community Improvement Program (NCIP) Ending Balance Account (31nunap) to the El Estero Park Center Playground Equipment Upgrade Project account (ncp2446).

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

The determination of the projects, priorities and expenditures shall be within the sound discretion of the City Council. (City Charter Section 6.6(e).) The recommended actions are consistent with the Council’s authority to fund any project recommended by the NCIP Committee, to include projects in the cut off list.

On August 22, 2023, the Planning Commission confirmed the proposed project to be consistent with the General Plan, Specific Plans, Area Plans, Master Plans, Coastal Plans, Traffic Calming Plans, and the Move Monterey Multimodal Plan.

On September 13, 2023, the Parks and Recreation Commission found the proposed project to be consistent with the Parks and Recreation Master Plan.

Date: 11/19/2024
Item No.: 12.

Council Regular Meeting, 11/19/2024, Item No. 12., Item Page 1, Packet Page 133 №10/24
CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

As of November 4, 2024, the NCIP Ending Balance Account (31nunap) balance is $1,516,895.

Appropriating $210,000 from this account to fund Fiscal Year (FY) 2024 NCIP Cut-Off Project 46 (45b) in the amount of $210,000 will reduce the NCIP Ending Balance Account (31nunap) to $1,306,895. There is sufficient funding available for this recommended action.

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15301, Class 1) because the project consists of the installation of replacement playground at the El Estero Park Center.

Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. There would be no cumulative impact because the project involves the replacement of existing playground equipment.

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 Council Regular Meeting, 11/19/2024, Item No. 12., Item Page 2, Packet Page 134 №10/24
replacement playground equipment will be installed in the same location as the existing playground equipment, which was installed over a filled swimming pool. Therefore, the project would not have an impact on historical or archeological resources.

ALTERNATIVES CONSIDERED:

City Council could choose not to approve the requested appropriation; however, this is not recommended. The funding is needed to replace the existing playground equipment at El Estero Park Center.

DISCUSSION:

On June 1, 2023, the NCIP Committee voted to rank NCIP projects for FY 2024. The El Estero Park Center Playground Equipment Upgrade was ranked 46 with 60 votes. On October 17, 2023, the City Council adopted and approved the funding for the FY 2023/24 NCIP, Resolution 23-122, including the recommended Cut-Off Projects. The El Estero Playground Equipment Upgrade project was one of the four identified Cut-Off Projects. It was tied at project priority number 45 with 60 votes with the Old Salinas Highway Pedestrian Signage and Lighting project.

These projects were the first and second of four cut-off projects that year, respectively.

City staff recommend that the City Council approve funding the replacement of playground equipment at El Estero Park Center. This is a project that can be implemented quickly and without the need for support from the Engineering Division staff, which has been impacted due to staffing shortages. This recommendation is consistent with the City Council’s authority to fund projects that have been voted on and ranked by the NCIP Committee.

The existing playground equipment is beyond its recommended operational life, and the equipment, as well as the playground surface, needs to be replaced. Upgraded play equipment will benefit the El Estero Park Center Preschool program, which operates daily. The area is used by children ages three to five years of age, and youth camps and programs are offered year-round.

The City is well served with robust and a well-designed system of parks and recreation facilities.

This project is consistent with the goals of the 2016 Parks and Recreation Master Plan and is supported by the Parks and Recreation Commission and Parks and Recreation Department staff. Parks and Recreation Master Plan Goal 3.1 Maintain and Enhance Existing Parks and Facilities states “The City’s primary priority should be to serve community needs through maintenance and enhancement of existing parks and facilities rather than investment in the development of new parks.”
City Staff met with NCIP Chair and Vice Chair on November 8, 2024, in order to discuss various administrative items. During the meeting, the proposed funding of this cut-off project for playground equipment was addressed. Staff mentioned that El Estero Park Center Playground Equipment Upgrade Project is a straightforward, “low hanging fruit” project that can be accomplished quickly with great benefit. This project does not require design or engineering services, which is currently contributing to the backlog of projects. The NCIP Chair and Vice Chair expressed their concern that other projects that are currently funded would not move forward as quickly as this one.

Council Regular Meeting, 11/19/2024, Item No. 12., Item Page 3, Packet Page 135 №10/24
City staff recommend that the City Council not approve funding for the other equally-ranked cutoff project, the Old Salinas Highway Pedestrian Signage and Lighting Project, at this time. This project would involve the installation of new facilities, which would create additional maintenance. City staff recommends focusing on maintaining and upgrading existing facilities such as the El Estero Playground.

Therefore, staff recommend that the City Council approve the funding request for the El Estero Park Center Playground Equipment Upgrade at the cost of $210,000.

AR/rp
Attachments: 1. Resolution
e: Hans Uslar, City Manager
Rafaela King, Finance Director
Karen Larson, Parks and Recreation Director
Louie Marcuzzo, Park Operations Manager
Shannon Leon, Recreation Manager
Chinyere Ogbonna, NCIP Committee Chair
Dennis Duke, NCIP Committee Vice Chair
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.gov/Submitted-Comments
Council Regular Meeting, 11/19/2024, Item No. 12., Item Page 4, Packet Page 136 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№011/24
AUTHORIZING THE FINANCE DIRECTOR TO APPROPRIATE $210,000 FROM THE

NEIGHBORHOOD AND COMMUNITY IMPROVEMENT PROGRAM ENDING BALANCE

ACCOUNT TO THE EL ESTERO PARK CENTER PLAYGROUND EQUIPMENT UPGRADE PROJECT ***NCIP***
WHEREAS, on the 17th day of October 2023, City Council adopted and approved the Fiscal Year 2023/24 Neighborhood and Community Improvement Program (NCIP) (Resolution 23-122 C.S.);
WHEREAS, El Estero Park Center Playground Equipment Upgrade was an approved Cut-Off Project recommended by the NCIP Committee and approved by City Council (Resolution 23-122 C.S.);
WHEREAS, as of the 4th day of November 2024 the balance of the NCIP Unappropriated Funds (Ending Balance) Account (31nunap) is $1,516,895; 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 consists of the installation of replacement playground at the El Estero Park Center. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. There would be no cumulative impact because the project involves the replacement of existing playground equipment.

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 Council Regular Meeting, 11/19/2024, Item No. 12., Item Page 5, Packet Page 137 negative declaration or certified Environmental Impact Report (EIR). The project would not be visible from a scenic highway.

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 replacement playground equipment will be installed in the same location as the existing playground equipment, which was installed over a filled swimming pool. Therefore, the project would not have an impact on historical or archeological resources.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby authorizes the Finance Director, or their designee, to appropriate $210,000 from the NCIP Ending Balance Account (31nunap) to the El Estero Park Center Playground Equipment Upgrade Project Account (ncp2446).

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, 11/19/2024, Item No. 12., Item Page 6, Packet Page 138 Council
Agenda Report
FROM: Clementine Bonner Klein, City Clerk
SUBJECT: Receive Mayor’s Recommendation and Appoint Evens Lanot to the Neighborhood and Community Improvement Program Committee (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) – Continued from November 5, 2024
RECOMMENDATION:

That the Council receive a recommendation from Mayor Williamson and appoint Evens Lanot to the Neighborhood and Community Improvement Program (NCIP) Committee as outlined in the “Discussion” section of this report.

VALUE DRIVER:

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

POLICY IMPLICATIONS:

This recommendation conforms to Monterey City Code, the City Council Governance Policy, the California Maddy Act, and the Monterey Charter, which provides that “the City Council shall appoint at least one (1) resident from each residential neighborhood to the Neighborhood Improvement Program Committee.” Residents of the City of Monterey live within the Naval Support Activity Monterey neighborhood boundaries, and per the Charter are entitled to Councilappointed representation in the Neighborhood and Community Improvement Program.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

There are no fiscal implications with this action.

ENVIRONMENTAL DETERMINATION:

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

Date: 11/19/2024
Item No.: 13.

Council Regular Meeting, 11/19/2024, Item No. 13., Item Page 1, Packet Page 139 №10/24
ALTERNATIVES CONSIDERED:

The Council could take no action.

DISCUSSION:

Vacancies on numerous City boards, committees, and commissions were duly advertised by the City Clerk’s Office pursuant to the California Maddy Act and the Council’s appointments policy, seeking qualified applications from Monterey residents, with priority review for those applications received by noon on Friday, July 12, 2024.

A qualified application for the Naval Support Activity Monterey neighborhood of the Neighborhood and Community Improvement Program (NCIP) Committee was received from Evens Lanot, and is attached to this packet (Attachment 1). Mayor Williamson reviewed Evens Lanot’s application and conducted an interview according to City Council policy. One other applicant was determined not to live within the Naval Support Activity Monterey neighborhood boundaries and was disqualified.

On the agenda of the regular Council meeting on November 5, 2024, along with other appointment recommendations, Mayor Williamson recommended that the Council appoint Evens Lanot as Representative to the NCIP Committee for the Naval Support Activity Monterey neighborhood. This recommendation resulted in questions and expressions of concern from a number of members of the public, not relating to Evens Lanot’s qualifications, but specifically relating to the NCIP Committee positions representing Naval Support Activity Monterey and Presidio of Monterey, uncertainty as to the circumstances of their creation, whether it was appropriate that the NCIP Committee representation include military neighborhoods, and whether the NCIP should fund projects on federal or military land.

As noted by City Manager Uslar in response to the public comment, the current NCIP Policies and Procedures Manual:
 includes a neighborhood map showing the military areas as neighborhoods,  was approved on September 7, 2021 with the adoption of Resolution 21-095 with full transparency to the public and the NCIP Committee, and
 explicitly provides guidance on funding “Out of Jurisdiction Projects” including on federal properties. NCIP-funded projects in past years have been implemented on out-ofjurisdiction military properties including Navy-owned dunes, and the Child Development Center and Soldier Field at Presidio of Monterey.

The Naval Support Activity Monterey and Presidio of Monterey neighborhoods are within the City limits and are places of residence. Monterey Charter Section 6.6(d) provides that the City Council shall appoint at least one (1) resident from each residential neighborhood to the Neighborhood Improvement Program Committee, therefore people who live in these residential neighborhoods are entitled to Council-appointed representation in the Neighborhood and Community Improvement Program. In addition, these residential neighborhoods are part of the City’s incorporated boundaries, contain residents who vote for the City’s Mayor and Council in Monterey’s elections, and are included in Monterey’s Council districts. Their residents deserve representation on the NCIP Committee as well.

Mayor Williamson recommends that the Council appoint Evens Lanot as Representative to the NCIP Committee, for the Naval Support Activity Monterey neighborhood, with a term ending June 30, 2029.

Council Regular Meeting, 11/19/2024, Item No. 13., Item Page 2, Packet Page 140 №10/24
Seats remain vacant on the Building and Housing Appeals Board, and for numerous other positions on the NCIP Committee. Applications will continue to be received on an ongoing basis for these roles until the vacancies are filled. Monterey residents are encouraged to learn more and apply for these volunteer positions. Monterey residents interested in receiving notice of board and commission vacancies are encouraged to subscribe to the City’s “Boards and Commissions Interest List.”
CBK
Attachment: 1. Application and Related Correspondence from Evens Lanot e: Applicant Evens Lanot
Senior Engineer Reginald Paulding, PE
Administrative Assistant Parker Lovett
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.gov/Submitted-Comments
Council Regular Meeting, 11/19/2024, Item No. 13., Item Page 3, Packet Page 141

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Council Regular Meeting, 11/19/2024, Item No. 13., Item Page 6, Packet Page 144
Council Regular Meeting, 11/19/2024, Item No. 13., Item Page 7, Packet Page 145
Council Regular Meeting, 11/19/2024, Item No. 13., Item Page 8, Packet Page 146
Council Regular Meeting, 11/19/2024, Item No. 13., Item Page 9, Packet Page 147

Monterey City CouncilNovember 19, 2024

Monterey City Council
November 19, 2024