Council Chamber
580 Pacific St.
Monterey, California
CITY COUNCIL AGENDA
Council Regular Meeting and
Closed Session
Tuesday, February 4, 2025
4:00 PM – 6:00 PM
Afternoon Only
Mayor
Tyller Williamson
Councilmembers
Kim Barber, District 1
Ed Smith, District 2
Jean Rasch, District 3
Gino Garcia, District 4
City Manager
Hans Uslar
City Attorney
M. Christine Davi
HOW TO PARTICIPATE IN THIS MEETING:
In-Person: At the meeting location listed above.
Remotely via ZoomGov webinar:
o On a computer or smartphone: https://monterey-org.zoomgov.com/j/1607729333 Zoom software must be up-to-date. For help, please use our Zoom Meeting Instructions. o By telephone dial 833-568-8864 (Toll Free), 669-254-5252 (CA) or 646-828-7666 (NY). If one number doesn’t work, please try another. Enter Webinar ID: 160 772 9333 # If asked for participant ID, press #. To raise your hand: dial *9. Once called upon, dial *6 to unmute. 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). Written comment: Emailed comments to [email protected] sent no later than ½ hour before the start of the meeting (sooner preferred) are not read aloud but are made available to the Council and public at monterey.gov/submitted-comments.
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 §84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 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.
February 4, 2025
2 ***Afternoon Session Agenda ***
4:00 – 6:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
PRESENTATIONS
1. Recognition of Defense Language Institute Quarterly Joint Service Awards First Quarter FY25 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)
2. Recognize February 2025 as Black History Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)
GENERAL PUBLIC COMMENTS
The public may speak to any item that is not on the agenda and that is in the City of Monterey’s subject matter jurisdiction.
CONSENT AGENDA
All matters listed under Consent Agenda are routine and will be adopted by one motion unless a member of the City Council or the public requests discussion or a separate vote.
Approval of Minutes
3. January 21, 2025 Regular Meeting (Not a Project Under CEQA per Article 20 Section 15378 and Under General Rule Article 5 Section 15061)
Ordinances
An ordinance is a law adopted by the City Council and codified in the City Code. Through the adoption of an ordinance, the City may make and enforce within its limits all local, police, sanitary, and other laws not in conflict with state or federal law. An ordinance generally becomes effective 30 days after approval at a second reading.
4. 1st Reading of an Ordinance to Amend Monterey City Code Chapter 17 Relating to Relocation of Vessels During City Sponsored Harbor Events, Requirements for Mooring Inspections and Repairs, and Requirements for Vessel Insurance (Exempt from CEQA, Article 5, Section 15061(b)(3) and Article 19, Section 15301, Class 1)
5. 1st Reading of an Ordinance Amending the Sidewalk Repair and Maintenance Ordinance to Update Definitions, Update the Private Property Owner Repair Notification Procedures, and Add a Requirement for Inspection and Repair Verification Upon Change in Property Ownership (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
6. 2nd Reading of an Ordinance Extending Elected Officials’ First Ethics Training Deadline by 30 Days, and Requiring Electronic Filing of Campaign Finance Disclosure Statements (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
February 4, 2025
3 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.
7. Order Engineer’s Report for Fiscal Year 2025-2026 Alvarado Street Maintenance District No. 85-1 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
8. Order Engineer’s Report for Fiscal Year 2025-2026 Calle Principal Maintenance District No. 00-1 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Other
9. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 353 Camino El Estero; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Monica Lal (Monterey Peninsula Chamber of Commerce); Under Negotiation: Price and Terms of Payment for Lease Amendment (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
*** End of Consent Agenda ***
PUBLIC APPEARANCE
Public Appearance items are on non-routine issues that might stimulate public interest and comments.
10. Amend Resolution 24-138 Authorizing Changes to the Fiscal Year 2024-25 Budget to Increase Revenues and Expenditures in the General Fund and Other Funds, Designate Funds into the Economic Uncertainty Reserve, and Update the Position Control List (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
COUNCIL COMMENTS
Councilmembers may ask a question for clarification, make a brief announcement, or make a brief report on their activities. In addition, Councilmember or the City Council may provide a referral to staff or other resources for factual information. (Government Code section 54954.2(a)(3).)
CITY MANAGER REPORTS
The City Manager may make a brief report on their activities or a brief announcement. They may also ask for clarification or direction regarding scheduling of Council meetings and study sessions.
*** Adjourn to Closed Session ***
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.
February 4, 2025
4 11. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: 353 Camino El Estero
Agency Negotiators: Kimberly Cole and Janna Aldrete
Negotiating Parties: Monica Lal (Monterey Peninsula Chamber of Commerce) Under Negotiation: Price and Terms of Payment for Lease Amendment (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
12. Conference with Legal Counsel, A. Existing Litigation pursuant to Government Code section 54956.9(d)(1):
1. City of Monterey v. Marianne McNicol (Monterey County Superior Court Case No. 23CV001205)
2. City of Monterey v. Leslie J. Flores, Trustee (Monterey County Superior Court Case No. 24CV000750)
3. City of Monterey v. Paul Soares (Monterey County Superior Court Case No. 24 CV 002533)
4. Paul Soares v. City of Monterey (United States District Court, Northern District of California Case No. 24-CV-05131-EJD)
5. Ashley Ellcessor v. City of Monterey (Monterey County Superior Court Case No. 24CV000649)
6. Bryce Hovannisian v. City of Monterey (Monterey County Superior Court Case No. 24CV003703
7. Francisca Moralez v. City of Monterey et al. (United States District Court Northern District of California Case No. 22-CV-07540)
8. Richard Rosendale v. City of Monterey (Monterey County Superior Court Case No. 23CV000879)
9. Ronald Rogers v. City of Monterey (Monterey County Superior Court Case No. 23CV003206)
10. Pacific Western Bank v. City and Stronghold Engineering, Inc. (San Bernardino Superior Court Case No. CIVSB2212212; Fourth District Court of Appeal Case No.
E082907)
11. Stronghold Engineering, Inc. v. City of Monterey (Santa Clara County Superior Court Case No. 18CV329015; Sixth District Court of Appeal Case No. H050157; Supreme Court of California Case No. S283051)
12. Stronghold Engineering, Inc. v City of Monterey (Riverside County Superior Court Case No. CVR12103427; Fourth District Court of Appeal, Division 2, Case No.
E080304; Fourth District Court of Appeal, Division 1, Case No. D082763)
13. Save Tarpy Flats v. City of Monterey (Monterey County Superior Court Case No. 24 CV005125)
B. Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2), (e)(3): Precision Grade, Inc. Claim dated August 12, 2024 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) -- continued from January 21, 2025 Council Regular Meeting
13. Public Employee Performance Evaluation, Title: City Manager; Public Employee Performance Evaluation pursuant to Government Code section 54957(b)(1), Conference with Labor Negotiator Pursuant to Government Code Section 54957.6 for Labor Negotiations; Agency Negotiator: Shelline Bennett; Unrepresented Employee:
City Manager (Not a Project Under CEQA per Article 20 Section 15378 and Under General Rule Article 5 Section 15061) -- continued from January 21, 2025 Council Regular Meeting
ADJOURNMENT
February 4, 2025
5 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. All comments and materials provided to the Council become part of the public record. Members of the public who comment in any fashion on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $500 to an officer of the City within the preceding 12 months.
INTERPRETATION: The Monterey City Council invites and encourages public participation at its meetings.
Requests for language interpretation may be made by contacting the City Clerk at [email protected] or 831-646-3935. The City Clerk will make every effort to accommodate requests for interpreter assistance.
Requests should be made as soon as possible in advance of any meeting of the City Council. The City is committed to addressing language interpretation requests swiftly in order to maximize public participation.
ACCESSIBILITY: The City of Monterey is committed to including disabled people 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 [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 communication-related 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.
CITY OF MONTEREY 24-HOUR SUGGESTION HOTLINES: (831) 646-3799 or [email protected] Upcoming city meetings are listed at monterey.gov/agendas For more information, call (831) 646-3935 Council
Agenda Report
FROM: Hans Uslar, City Manager
Prepared By: Hayley Goodwein, Administrative Assistant
SUBJECT: Recognition of Defense Language Institute Quarterly Joint Service Awards First Quarter FY25 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)
RECOMMENDATION:
That the City Council recognize the winners of the First Quarter FY25 Joint Enlisted Board (JEB) Awards.
VALUE DRIVERS:
Serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships.
POLICY IMPLICATIONS:
It is within the City Council’s scope and authority to acknowledge and recognize members of the Monterey community, including members of our Nation’s military who are stationed at the U.S.
Army Garrison Presidio of Monterey, located within Monterey’s city limits.
CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.
FISCAL IMPLICATIONS: None.
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 that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
ALTERNATIVES CONSIDERED:
The City Council could choose not to recognize the winners of the First Quarter FY25 Joint Enlisted Board (JEB) Awards.
Date: 2/4/2025
Item No.: 1.
Council Regular Meeting, 2/4/2025, Item No. 1., Item Page 1, Packet Page 6 №10/24
DISCUSSION:
The Defense Language Institute, Foreign Language Center (DLIFLC), located in the U.S. Army Garrison Presidio of Monterey, trains military service members in all military branches. DLIFLC conducts a protocol known as the Joint Enlisted Board (JEB) each quarter to assess the motivation, knowledge, and ability to go above and beyond that of the average Soldier, Marine, Sailor, and Airman.
Noncommissioned officers, petty officers, and junior enlisted from each branch compete by displaying their knowledge in a variety of joint service subjects, including History of the Presidio of Monterey and DLIFLC, Current Affairs and World Events, Customs and Courtesies, Uniform Code of Military Justice, Military Leadership, and more. The service member's many weeks of studying and competing in unit boards culminate with an appearance before the DLIFLC Joint Enlisted Board.
As part of the City of Monterey’s longstanding relationship with the DLIFLC and Presidio of Monterey, the City Council frequently recognizes and honors these dedicated award recipients.
The Mayor and City Council will recognize the winners of the First Quarter FY25 DLIFLC Quarterly Joint Service Awards at its meeting on February 4, 2025:
Petty Officer 2nd Class Cody Bryant, from the U.S. Navy Airman 1st Class Sandra Buck, from the U.S. Air Force Electrician’s Mate Petty Officer 1st Class Kaitlyn Green, from the U.S. Navy Sergeant Canyon McDonald, from the U.S. Marine Corps
HU/hg
Attachments: 1. Proclamations
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, 2/4/2025, Item No. 1., Item Page 2, Packet Page 7 Proclamation Honoring
The Defense Language Institute Foreign Language Center's Quarterly Joint Service Award Recipient
Sergeant Canyon McDonald
WHEREAS, the Defense Language Institute Foreign Language Center (DLIFLC) has established the Quarterly Joint Service Noncommissioned Officer/Petty Officer and Junior Enlisted Board; and,
WHEREAS, as a recipient of the Board award, Sergeant Canyon McDonald, has demonstrated extraordinary personal abilities, leadership skills, and knowledge of the history of the Presidio of Monterey and DLIFLC, Chain of Command, World Events, Customs and Courtesies, First Aid, Code of Conduct, Uniform Code of Military Justice, Military Leadership, and the Armed Forces Insignia; and, WHEREAS, the Monterey Community is proud of the Country's service members as well as its outstanding relationship with DLIFLC.
NOW, THEREFORE, BE IT PROCLAIMED that I, Tyller Williamson, Mayor of the City of Monterey, on behalf of our City Council and citizens, hereby recognize Sergeant Canyon McDonald, United States Marine Corps, for a job well done, and thank them for their continuing contributions to the Armed Services and to our Nation.
February 4, 2025 ______________________
Tyller Williamson, Mayor
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 1., Item Page 3, Packet Page 8 Proclamation Honoring
The Defense Language Institute Foreign Language Center's Quarterly Joint Service Award Recipient
Airman 1st Class Sandra Buck
WHEREAS, the Defense Language Institute Foreign Language Center (DLIFLC) has established the Quarterly Joint Service Noncommissioned Officer/Petty Officer and Junior Enlisted Board; and,
WHEREAS, as a recipient of the Board award, Airman 1st Class Sandra Buck, has demonstrated extraordinary personal abilities, leadership skills, and knowledge of the history of the Presidio of Monterey and DLIFLC, Chain of Command, World Events, Customs and Courtesies, First Aid, Code of Conduct, Uniform Code of Military Justice, Military Leadership, and the Armed Forces Insignia; and, WHEREAS, the Monterey Community is proud of the Country's service members as well as its outstanding relationship with DLIFLC.
NOW, THEREFORE, BE IT PROCLAIMED that I, Tyller Williamson, Mayor of the City of Monterey, on behalf of our City Council and citizens, hereby recognize Airman 1st Class Sandra Buck, United States Air Force, for a job well done, and thank them for their continuing contributions to the Armed Services and to our Nation.
February 4, 2025 ______________________
Tyller Williamson, Mayor
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 1., Item Page 4, Packet Page 9 Proclamation Honoring
The Defense Language Institute Foreign Language Center's Quarterly Joint Service Award Recipient
Electrician’s Mate Petty Officer 1st Class
Kaitlyn Green
WHEREAS, the Defense Language Institute Foreign Language Center (DLIFLC) has established the Quarterly Joint Service Noncommissioned Officer/Petty Officer and Junior Enlisted Board; and,
WHEREAS, as a recipient of the Board award, Electrician’s Mate Petty Officer 1st Class Kaitlyn Green, has demonstrated extraordinary personal abilities, leadership skills, and knowledge of the history of the Presidio of Monterey and DLIFLC, Chain of Command, World Events, Customs and Courtesies, First Aid, Code of Conduct, Uniform Code of Military Justice, Military Leadership, and the Armed Forces Insignia; and,
WHEREAS, the Monterey Community is proud of the Country's service members as well as its outstanding relationship with DLIFLC.
NOW, THEREFORE, BE IT PROCLAIMED that I, Tyller Williamson, Mayor of the City of Monterey, on behalf of our City Council and citizens, hereby recognize Electrician’s Mate Petty Officer 1st Class Kaitlyn Green, United States Navy, for a job well done, and thank them for their continuing contributions to the Armed Services and to our Nation.
February 4, 2025 ______________________
Tyller Williamson, Mayor
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 1., Item Page 5, Packet Page 10 Proclamation Honoring
The Defense Language Institute Foreign Language Center's Quarterly Joint Service Award Recipient
Petty Officer 2nd Class Cody Bryant
WHEREAS, the Defense Language Institute Foreign Language Center (DLIFLC) has established the Quarterly Joint Service Noncommissioned Officer/Petty Officer and Junior Enlisted Board; and,
WHEREAS, as a recipient of the Board award, Petty Officer 2nd Class Cody Bryant, has demonstrated extraordinary personal abilities, leadership skills, and knowledge of the history of the Presidio of Monterey and DLIFLC, Chain of Command, World Events, Customs and Courtesies, First Aid, Code of Conduct, Uniform Code of Military Justice, Military Leadership, and the Armed Forces Insignia; and, WHEREAS, the Monterey Community is proud of the Country's service members as well as its outstanding relationship with DLIFLC.
NOW, THEREFORE, BE IT PROCLAIMED that I, Tyller Williamson, Mayor of the City of Monterey, on behalf of our City Council and citizens, hereby recognize Petty Officer 2nd Class Cody Bryant, United States Navy, for a job well done, and thank them for their continuing contributions to the Armed Services and to our Nation.
February 4, 2025 ______________________
Tyller Williamson, Mayor
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 1., Item Page 6, Packet Page 11 Council
Agenda Report
FROM: Hans Uslar, City Manager
Prepared By: Hayley Goodwein, Administrative Assistant
SUBJECT: Recognize February 2025 as Black History Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) RECOMMENDATION:
That the City Council recognize February 2025 as Black History Month.
VALUE DRIVERS:
Preserve, promote, and maintain our City’s historic and cultural resources through responsible stewardship and historic preservation that highlights the contributions and perspectives of all people who are a part of Monterey’s diverse history.
POLICY IMPLICATIONS:
The City of Monterey recognizes and celebrates Black History Month in honor of the culture, accomplishments, and contributions of the African American community in Monterey and across the United States. The City proudly supports the continued advancement of equality for AfricanAmerican individuals and their families.
CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.
FISCAL IMPLICATIONS:
There are no costs incurred in connection with supporting this action.
ENVIRONMENTAL DETERMINATION:
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 that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
ALTERNATIVES CONSIDERED:
City Council could choose not to recognize February 2025 as Black History Month, however that is not recommended.
Date: 2/4/2025
Item No.: 2.
Council Regular Meeting, 2/4/2025, Item No. 2., Item Page 1, Packet Page 12 №10/24
DISCUSSION:
The seeds were sown for Black History Month by historian and scholar Carter G. Woodson in the second week of February in 1926 to coincide with the birthdays of Abraham Lincoln and Frederick Douglass. He sought to shed light on the achievements of African Americans that were often overlooked, and to encourage them to be proud of their history. Black History Month has been celebrated annually in February since 1976.
The Association for the Study of African American Life and History (ASALH) announced that the 2025 Black History theme is ‘African Americans and Labor’. This theme encourages “broad reflections on intersections between Black people’s work and their workplaces in all their iterations” across “key moments [and] events” in the United States, as described in the ASALH Black History Theme Executive Summary.
The City of Monterey is proud to recognize and celebrate Black History Month. In the face of great adversity, African Americans have made and continue to make a positive, indelible mark on the history of Monterey and the United States. The City also acknowledges that while progress has been made, there is work left to be done. As Dr. Martin Luther King, Jr. once said, “If you can’t fly, run. If you can’t run, walk. If you can’t walk, crawl, but by all means, keep moving.”
HU/hg
Attachments: 1. Proclamation
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.gov/Submitted-Comments
Council Regular Meeting, 2/4/2025, Item No. 2., Item Page 2, Packet Page 13 Proclamation declaring
February 2025
Black History Month
WHEREAS, in 1926, Harvard scholar Carter G. Woodson founded the first African American History Week and the Association for the Study of African American Life and History (ASALH) to bring attention to the need of acknowledging Black history and representing those voices lost to time; and, WHEREAS, the week-long event and the ASALH were first founded in recognition of the lack of Black history in the nation’s educational curriculum and to promote the scientific study of Black life and history, the event inspired community celebrations nationwide; and WHEREAS, the month of February was chosen by Carter Woodson as a month of tradition and reform.
The month of February encompasses the birthdays of President Abraham Lincoln and Frederick Douglass, two Americans who had prominent roles in shaping Black history. While recognizing traditional celebrations of the birthdays of the two men, Woodson hoped to inspire reform and refocusing on the contributions of the countless black men and women throughout history who have and continue to advance our nation; and,
WHEREAS, Black History Month was officially recognized by President Gerald Ford in 1976, calling upon the American people to “seize the opportunity to honor the too-often neglected accomplishments of Black Americans in every area of endeavor throughout our history” and since every U.S. president has designated February as Black History Month; and,
WHEREAS, the ASALH announced that the 2025 Black History theme is ‘African Americans and Labor’. This theme encourages “broad reflections on intersections between Black people’s work and their workplaces in all their iterations” across “key moments [and] events” in the United States, as described in the ASALH Black History Theme Executive Summary; and, WHEREAS, as a community, we can celebrate Black History Month and continue to work together towards a more fair and inclusive future; and,
NOW, THEREFORE, BE IT PROCLAIMED THAT I, Tyller Williamson Mayor of the City of Monterey, on behalf of the City Council and citizens, hereby proclaim the month of February 2025 as Black History Month.
Dated: February 2025 _______________________
Tyller Williamson, Mayor
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 2., Item Page 3, Packet Page 14
MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF MONTEREY
Tuesday, January 21, 2025
4:00 PM 7:00 PM
COUNCIL CHAMBER, 580 PACIFIC STREET
MONTEREY, CALIFORNIA
Councilmembers
Present: Barber*, Garcia, Rasch, Smith, Williamson
Absent: None
* Attended remotely by teleconference pursuant to Gov. Code sec. 54953(f)(2)(A) for just cause
City Staff
Present:
Councilmember, City Manager, Assistant City Manager, City Attorney, Finance Director, Community Development Director, Parks and Recreation Director, Human Resources Director, Public Works Director, City Clerk, Public Works Administrative Services Manager, Acting Assistant Fire Chief, Assistant Police Chief, Parks Supervisor, Senior Engineer, Deputy Public Works Director/City Engineer, Planning Manager, Recreation Manager, Assistant Finance Director, Engineering Projects Manager
***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 4:01 p.m.
City Clerk Klein called the roll with Councilmember Barber absent.
TELECONFERENCE NOTICE
Councilmember Barber joined at 4:02 p.m., confirmed that she could hear the meeting proceedings, gave a brief description of the circumstances relating to her needs to appear remotely pursuant to the “Just Cause” clause (travel on official business of the City), and stated that no person over the age of 18 was present in the room with her during the meeting.
PRESENTATIONS
1. Adopt a Resolution Mourning the Lives Lost in the Palisades, Eaton, and Southern California Fires of January 2025, Honoring the City of Monterey Firefighters Responding to the Historic Wildfires and Expressing Hope for the Continued Safety of Our Firefighters and Appreciation to their Families; and Receive a Report on the City’s Wildfire Preparedness and Response Capabilities (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 25-001 C.S. and received presentation Mayor Williamson introduced the resolution, and Assistant Fire Chief Moore gave a verbal presentation.
Public comment was received from: Steve Lightfoot, who said the fires were due to aboveground gas meters; Demetrius Kastros, who urged the City to dramatically increase fire prevention efforts; Luis Osorio, who stressed the need to evaluate the City's evacuation procedures; Leonard Levenson, who asked the City to make it easier for property owners to Date: 2/4/2025
Item No.: 3.
Council Regular Meeting, 2/4/2025, Item No. 3., Item Page 1, Packet Page 15 City Council Minutes January 21, 2025
2 remove trees for defensive space; Jim Cullem, who spoke to the challenges managing fuel and defensible space for property neighboring multiple jurisdictions; Bob Faulis, who said that the City should review mistakes made in Los Angeles and plan carefully for a worst-case fire scenario; Shelly Schmidt, who spoke about the high expenses and difficulties associated with tree maintenance; and Nina Beety, who said that fuel clearing efforts to remove foliage had made it possible for embers to travel more quickly between trees.
The Council acknowledged firefighters for their work, and their families for the challenges they face with having their loved ones on duty fighting fires. It was stated that the City should further investigate and work on matters such as ensuring the functionality of its fire hydrants, evacuation processes, preparation communication, and considering updating building requirements to improve fire resistance. The public was encouraged to enhance their skills and preparation, download the Watch Duty app, and join Monterey's Community Emergency Response Team (CERT) program. Intent was indicated by the Council to hold a town hall or study session on tree and fire issues, and to continue to look at solutions and best practices, including for improving evacuation plans and community outreach and education.
On a motion by Councilmember Garcia, seconded by Councilmember Smith, and carried by the following roll-call vote, the City Council adopted Resolution No. 25-001 C.S.:
AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
GENERAL PUBLIC COMMENTS
Public comment on non-agendized matters was received from Steve Lightfoot, Mabel Lernoud, Leonard Levenson, and Bob Faulis.
CONSENT AGENDA
Public comment on the Consent Agenda was not received.
On a motion by Councilmember Smith, seconded by Councilmember Garcia, and carried by the following roll-call vote, the City Council approved the CONSENT AGENDA:
AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Approval of Minutes
2. December 17, 2024 Regular Meeting (Not a Project Under CEQA per Article 20 Section 15378 and Under General Rule Article 5 Section 15061)
Action: Approved
Council Regular Meeting, 2/4/2025, Item No. 3., Item Page 2, Packet Page 16 City Council Minutes January 21, 2025
3 Award of Construction Contracts
3. Amend the Construction Contract with Mesa Energy Systems, Inc. for the Monterey Conference Center Cooling Tower Replacement to Increase the Contract Amount from $1,447,771.00 to $1,567,771.00 (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP*** Action: Adopted Resolution No. 25-002 C.S.
4. Award a Construction Contract in the Amount of $474,821.00 to Intech Mechanical Company, Inc. dba Intech Automation to Replace NAE NCE Controllers at Various Buildings at the Presidio of Monterey ***IGSA*** (Categorically Excluded from NEPA 32 CFR, Part 651, Section II(g )(1))
Action: Adopted Resolution No. 25-003 C.S.
Ordinances
5. 1st Reading of an Ordinance Extending Elected Officials’ First Ethics Training Deadline by 30 Days, and Requiring Electronic Filing of Campaign Finance Disclosure Statements (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Passed ordinance to a second reading
Resolutions
6. Authorize an Appropriation of $96,432.35 to Purchase and Upfit One (1) New Fire Utility/Command Truck (Not a Project Under CEQA per Article 20 Section 15378 and Under General Rule Article 5 Section 15061)
Action: Adopted Resolution No. 25-004 C.S.
*** End of Consent Agenda ***
PUBLIC APPEARANCE
7. Receive Update on the 2025 City Staff Work Program (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received update
Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions.
Public comment was received from: Steve Hanleigh, who asserted that the City should preserve existing structures and defend against the loss of sand; Esther Malkin, who stressed the need to revitalize blighted properties on North Fremont Blvd. and the inability to qualify for grants due to the City's classification as high-income; Nina Beety, who criticized the omission of various issues including the City's property tax allocation and impacts from military installations; and Ursula Gallichotte, who asked the City to conduct a scientific evaluation of erosion and sea level rise at Del Monte Beach.
*** Adjourn to Closed Session ***
Public comment on the closed session was received, addressing closed session Item 8, from:
Bob Faulis, who complimented City Manager Uslar and his work, and Nina Beety, who shared concerns with the City's leadership, citing ongoing conflicts, including with the Neighborhood and Community Improvement Program (NCIP) Committee, and with various plans and initiatives.
Council Regular Meeting, 2/4/2025, Item No. 3., Item Page 3, Packet Page 17 City Council Minutes January 21, 2025
4 The Council adjourned to closed session at 6:06 p.m.
CLOSED SESSION
8. Public Employee Performance Evaluation, Title: City Manager; Public Employee Performance Evaluation pursuant to Government Code section 54957(b)(1), Conference with Labor Negotiator Pursuant to Government Code Section 54957.6 for Labor Negotiations; Agency Negotiator: Shelline Bennett; Unrepresented Employee: City Manager (Not a Project Under CEQA per Article 20 Section 15378 and Under General Rule Article 5 Section 15061) Action: No reportable action taken, Matter continued to a date not certain
9. Conference with Legal Counsel, A. Existing Litigation pursuant to Government Code section 54956.9(d)(1):
1. City of Monterey v. Marianne McNicol (Monterey County Superior Court Case No. 23CV001205)
2. City of Monterey v. Leslie J. Flores, Trustee (Monterey County Superior Court Case No. 24CV000750)
3. City of Monterey v. Paul Soares (Monterey County Superior Court Case No. 24 CV 002533)
4. Paul Soares v. City of Monterey (United States District Court, Northern District of California Case No. 24-CV-05131-EJD)
5. Ashley Ellcessor v. City of Monterey (Monterey County Superior Court Case No. 24CV000649)
6. Bryce Hovannisian v. City of Monterey (Monterey County Superior Court Case No. 24CV003703
7. Francisca Moralez v. City of Monterey et al. (United States District Court Northern District of California Case No. 22-CV-07540)
8. Richard Rosendale v. City of Monterey (Monterey County Superior Court Case No. 23CV000879)
9. Ronald Rogers v. City of Monterey (Monterey County Superior Court Case No. 23CV003206)
10. Pacific Western Bank v. City and Stronghold Engineering, Inc. (San Bernardino Superior Court Case No. CIVSB2212212; Fourth District Court of Appeal Case No. E082907)
11. Stronghold Engineering, Inc. v. City of Monterey (Santa Clara County Superior Court Case No. 18CV329015; Sixth District Court of Appeal Case No. H050157; Supreme Court of California Case No. S283051)
12. Stronghold Engineering, Inc. v City of Monterey (Riverside County Superior Court Case No.
CVR12103427; Fourth District Court of Appeal, Division 2, Case No. E080304; Fourth District Court of Appeal, Division 1, Case No. D082763)
13. Save Tarpy Flats v. City of Monterey (Monterey County Superior Court Case No. 24 CV005125)
B. Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2), (e)(3): Precision Grade, Inc. Claim dated August 12, 2024
(Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Matter not heard or considered, Continued to February 4, 2025 meeting RECESS
The Council recessed at 7:07 p.m.
RECONVENE
The Council reconvened at 7:13 p.m.
Council Regular Meeting, 2/4/2025, Item No. 3., Item Page 4, Packet Page 18 City Council Minutes January 21, 2025
5 *** Evening Session Agenda ***
PLEDGE OF ALLEGIANCE
Councilmember Rasch led the Pledge.
GENERAL PUBLIC COMMENTS CONTINUED
Continued public comment on non-agendized matters was received from Karen Brown, Nancy Soule, Esther Malkin, and Nina Beety.
ANNOUNCEMENTS FROM CLOSED SESSION
Mayor Williamson reported out from the closed session as indicated in the actions recorded for closed session items 8 and 9, above.
PUBLIC APPEARANCE (EVENING)
10. Receive Rental Inventory Program Annual Report and Consider Recommended Program Changes and Initial Tenant Protections (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Received report, Discussed
Housing Manager Wyatt and Management Analyst Ackermann gave the staff presentation and answered Councilmembers' questions, with additional input provided by Community Development Director Cole, City Manager Uslar, and Kate Bischoff of rental inventory software provider Tolemi. It was requested by the Council that the minutes reflect that Table 4 on Page 11 of the agenda report had been corrected by staff. The corrected table is filed with the agenda materials in the City Clerk's Office and will be retained pursuant to the retention schedule.
Councilmember Smith left the Chamber from 8:43 p.m. to 8:44 p.m.
Public comment expressing concern or speaking in opposition to the staff recommendations was received from: Elizabeth Todd, Jeff Davi, Richard Barnard, Nelson Vega, an unnamed property manager, two unnamed persons, Kathy Anderson, Adam Pinterits of Monterey County Association of Realtors, Jeannie Ferrara, Jayme Fields, Nancy Soule, an unnamed landlord, Monique Kaldy, Patrick, Graziella Cardinalli, Andrea, and Lori Mazzuca. Parissa Salimian spoke in favor of removing the "mom and pop" exemption, and Esther Malkin defended the registry but said changes might be premature.
The Council recessed at 9:39 p.m. and reconvened at 9:50 p.m.
The Council discussed the matter. It was stated that everyone on all sides of the issue wanted Monterey to be a stable community with rents that people can afford. City staff was praised for the compliance rate for the program and their hard work, and it was requested that staff reports be published sooner. Concerns were raised about the area's broader housing challenges, such as limited rental inventory and barriers to building new housing due to lack of water. It was stated that there should be further efforts to increase registry compliance. It was asserted that despite accusations to the contrary the Council was not considering rent control at this time.
Regarding the suggestion to eliminate the "mom and pop" exemption for landlords owning three or fewer properties, comments were made opposing the exemption's removal, citing the financial strain on small landlords due to rising costs like insurance and taxes. It was argued that removing the exemption could push these landlords out of the market, exacerbating Council Regular Meeting, 2/4/2025, Item No. 3., Item Page 5, Packet Page 19 City Council Minutes January 21, 2025
6 housing challenges. On the other hand, it was stated that eliminating the exemption would provide more comprehensive data and ensure fairer implementation of policies for all property owners. It was questioned whether there may be room for a compromise such as eliminating the exemption for "mom and pop" properties managed by property management companies.
Regarding the 50% fee pass-through to tenants, it was suggested to retain it but allow monthly payments to ease the burden on renters, who already faced financial pressures like rising living costs. On the other hand, concerns were raised about whether tenants should bear such costs at all.
Regarding the recommendation to require landlords to offer 12-month leases, concerns were expressed about reducing landlords' flexibility, potential legal complications, and the possibility of prolonging landlord-tenant disputes. It was stated that the Council would require further analysis to consider this concept.
Regarding fees and hidden costs, it was requested that staff bring more information about these issues to the Council and that they may be able to be incorporated into the City's rental assistance program.
The Council discussion overall stressed the need for a cautious approach balancing the interests of landlords and tenants, addressing economic pressures faced by both, and gathering sufficient data to make fair and effective policy decisions.
11. Receive Rental Assistance Program Update and Recommended Program Changes (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Received update, Approved recommended program changes Housing Manager Wyatt and HCD Coordinator Verania gave the staff presentation and answered Councilmembers' questions, with additional input from Community Development Director Cole.
Public comment was received from: Adam Pinterits of Monterey County Association of Realtors, who said that this program helped to prevent homelessness; Esther Malkin and Lori Mazzuca, who praised the program and asked questions of staff; and Eloise Shim, who asked the Council to consider the issue of wrongful evictions.
Housing Manager Wyatt addressed the questions received from commenters. She said that some recipients of rental assistance are already in subsidized affordable housing but may have still faced unexpected financial difficulties, especially when they pay more than 30% of their income to live in inclusionary units. She explained that staff felt the assistance was needed by the recipients and that efforts were being made to tighten program rules for consistency and clarity. She said that there was not sufficient information available to determine if evictions were more commonly issued by "mom and pop" landlords but that anecdotally it appeared more evictions involved professional property management firms.
A motion was introduced by Councilmember Rasch, seconded by Councilmember Smith, to approve staff’s recommended program changes.
On question from Council, Housing Manager Wyatt explained that staff had worked to accommodate various schedules by offering mixed application opening times that would still allow for real-time support during the application periods.
Council Regular Meeting, 2/4/2025, Item No. 3., Item Page 6, Packet Page 20 City Council Minutes January 21, 2025
7 The Council discussed the matter briefly. Staff was complimented for their efforts in providing housing support, stressing that they had made a significant impact addressing urgent housing needs with compassion. It was requested that staff prioritize applicants with children, and appreciation was expressed for the modification that would allow the Housing Manager to have flexibility for approving urgent cases.
The motion carried by the following roll-call vote:
AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
COUNCIL COMMENTS
Councilmember Smith reported on a recent strategic planning workshop at a Monterey-Salinas Transit (MST) board meeting and announced that MST had received a significant check from the Department of Transportation through a bipartisan initiative that completed the needed funding for the SURF! Busway. He said that MST had donated retired buses to the Monterey County Sheriff's Office. He said that he would be attending a Transportation Agency for Monterey County (TAMC) meeting the next day, and that he looked forward to volunteering again at the AT&T golf tournament later in the month.
CITY MANAGER REPORTS
City Manager Uslar announced that the City had just opened the application period for Special Event Support Program (SESP) grants. He noted that he had heard on the news that Off the Charts Cannabis was planning for a soft opening of their Monterey location later in the week.
ADJOURNMENT
The Council adjourned at 11:37 p.m.
Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor
Council Regular Meeting, 2/4/2025, Item No. 3., Item Page 7, Packet Page 21 Council
Agenda Report
FROM: Andrea Renny, Public Works Director
Prepared By: Nichole Rodriguez, Acting Harbormaster
SUBJECT: 1st Reading of an Ordinance to Amend Monterey City Code Chapter 17 Relating to Relocation of Vessels During City Sponsored Harbor Events, Requirements for Mooring Inspections and Repairs, and Requirements for Vessel Insurance (Exempt from CEQA, Article 5, Section 15061(b)(3) and Article 19, Section 15301, Class 1)
RECOMMENDATION:
That the City Council approve a first reading of an ordinance to amend Monterey City Code Chapter 17 relating to the relocation of vessels during city sponsored events, requirements for mooring Inspections and repairs, and requirements for vessel insurance.
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.
Protect and preserve our natural environment by addressing climate change through ecologically responsible and pragmatic solutions.
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 action is consistent with the City’s policy to review and amend Monterey City Council Code as necessary to remain current with local and state laws and regulations and to reflect changes to the current policies
CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.
FISCAL IMPLICATIONS:
No Fiscal Implications.
ENVIRONMENTAL DETERMINATION: The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 5, Section 15061(b)(3) and Article 19, Section 15301, Class 1) because the project consists of an amendment to the Monterey City Code relating to the relocation of vessels during city sponsored harbor events, requirements for mooring inspections and repairs, and requirements for vessel insurance. CEQA Guidelines section 15061 identifies the ways in which a project may Date: 2/4/2025
Item No.: 4.
Council Regular Meeting, 2/4/2025, Item No. 4., Item Page 1, Packet Page 22 №10/24
be exempt from CEQA. Subsection (b)(3) indicates that a project is exempt if “the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment,” and “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.”
The project would not result in new development or create the potential for additional new development with approval of the project. Thus, the project would not result in physical alteration to the site or existing structures and would not result in direct or indirect impacts on the environment. Therefore, the project would not result in a direct or reasonably foreseeable physical change in the environment, and, pursuant to CEQA Guidelines section 15061(b)(3), it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. The City, therefore, concludes that the project is exempt from CEQA pursuant to the provisions of CEQA Guidelines section 15061(b)(3). The project is exempt under Article 19, Section 15301, Class 1 because the project consists of repairs to existing facilities, or in this case existing moorings. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.
Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may have an impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Exception a – Location – does not apply to projects which are exempt under Class 1.
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 an amendment to the Monterey City Code relating to the relocation of vessels during city sponsored harbor events, requirements for mooring inspections and repairs, and requirements for vessel insurance.
Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. No unusual circumstances are anticipated due to improvements’ limited scope and distinct locations.
Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). The project would not be visible from a scenic highway.
Exception e - Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. No impact to sites included on any list compiled pursuant to Section 65962.5 of the Government code would occur.
Council Regular Meeting, 2/4/2025, Item No. 4., Item Page 2, Packet Page 23 №10/24
Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The project would not impact historic resources as the project would involve a code amendment that would require mooring inspections and repairs to existing moorings. The project would not involve digging; therefore, the project would not have an impact on historical or archeological resources.
ALTERNATIVES CONSIDERED:
Council could choose not to approve the ordinance amendments; however, this is not recommended. The requested amendments protect the City from legal responsibility in situations involving pollution or salvage operations related to private boats. These amendments also clarify the existing ordinances, make them more efficient, and reduce risks associated with activities on the water.
DISCUSSION:
The proposed amendments to Monterey City Code (MCC) Chapter 17 aim to simplify and modernize regulations governing the waterfront area. Additionally, these changes are designed to reduce the City’s liability in cases involving pollution and salvage incidents related to privately owned vessels. By updating the code, the City seeks to ensure greater clarity and efficiency in its policies while mitigating potential risks associated with maritime activities. Key amendments to the code include mooring gear adequacy, inspection and repairs; special events; and insurance.
Harbor Community Input Sought
The Acting Harbormaster sent a letter to all Marina customers on January 19, 2025, with information regarding the proposed changes. The letter was also posted at the front desk of the City of Monterey Harbormaster’s Office. The letter included instructions regarding how to submit questions and feedback regarding the proposed ordinance amendments. As of January 27, 2025, no comments or questions were received.
Mooring Gear Adequacy, Inspection, and Repairs
Mooring gear is owned by the licensee. If mooring gear is not maintained, vessels can detach from the mooring and cause a hazard in the harbor.
Current law requires licensees to have all mooring gear inspected on an annual basis and to provide the results of the inspection to the Harbormaster. The proposed code amendments: (1) add a 30-day deadline for repairs to be completed; (2) require a licensee to remove a vessel from the mooring if repairs are not completed within 30 days; (3) authorizes the Harbormaster to remove a vessel from its mooring if it has not passed the mooring gear inspection and if the licensee fails to remove the vessel; and (4) specifies that a license is automatically forfeited after 60 days if the inspection and any necessary repairs remain outstanding after 60 days. .
Current law provides the Harbormaster with the authority to require a licensee to supply stronger gear suitable for the size of the vessel, even if the gear is in good condition. The proposed code amendments give additional authority to the Harbormaster to remove a vessel from a mooring that the Harbormaster determines is not of sufficient strength to safely secure Council Regular Meeting, 2/4/2025, Item No. 4., Item Page 3, Packet Page 24 №10/24
the vessel. The code amendments further specify that if adequate gear is not supplied after 60 days, the mooring license is automatically forfeited and the vessel may be removed.
Special Events
Presently, vessel owners in the Harbor are not required to relocate their vessels to another designated berth or mooring in the case of a City sponsored event, such as the “World’s Toughest Row” where participants row from Monterey to Kauaʻi. Language has been added to the code to specify that the City may require vessels to be temporarily relocated for a Citysponsored event.
Insurance
The proposed code amendment adds insurance requirements for all berth and mooring licensees. The insurance coverage amounts are consistent with best practices and are recommended by the City’s Risk Manager.
AR/bn/nr
Attachments: 1. Ordinance
e: Rafaela King, Finance Director
Thomas Levendowski, Deputy Public Works Director – Administration Janna Aldrete, Property Manager
Lisa Cox, Risk Manager
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.gov/Submitted-Comments
Council Regular Meeting, 2/4/2025, Item No. 4., Item Page 4, Packet Page 25 ORDINANCE NO. ____ C.S.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№09/24
AMENDING MONTEREY CITY CODE CHAPTER 17 RELATING TO RELOCATION OF
VESSELS DURING CITY SPONSORED HARBOR EVENTS, REQUIREMENTS FOR
MOORING INSPECTIONS AND REPAIRS, AND REQUIREMENTS FOR VESSEL
INSURANCE
THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:
SECTION 1:
WHEREAS, Chapter 17 of the Monterey City Code regulates the Harbor and Marina; WHEREAS, the City desires to update Chapter 17 to simplify and modernize the code; WHEREAS, the amendments protect the City from legal responsibility in situations involving pollution or salvage operations related to private boats. These amendments also clarify the existing ordinances, make them more efficient, and reduce risks associated with activities on the water; and
WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 5, Section 15061(b)(3) and Article 19, Section 15301, Class 1) because the project consists of an amendment to the Monterey City Code relating to the relocation of vessels during city sponsored harbor events, requirements for mooring inspections and repairs, and requirements for vessel insurance.
CEQA Guidelines section 15061 identifies the ways in which a project may be exempt from CEQA. Subsection (b)(3) indicates that a project is exempt if “the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment,” and “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.”
The project would not result in new development or create the potential for additional new development with approval of the project. Thus, the project would not result in physical alteration to the site or existing structures and would not result in direct or indirect impacts on the environment. Therefore, the project would not result in a direct or reasonably foreseeable physical change in the environment, and, pursuant to CEQA Guidelines section 15061(b)(3), it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. The City, therefore, concludes that the project is exempt from CEQA pursuant to the provisions of CEQA Guidelines section 15061(b)(3). The project is exempt under Article 19, Section 15301, Class 1 because the project consists of repairs to existing facilities, or in this case existing moorings. 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 Council Regular Meeting, 2/4/2025, Item No. 4., Item Page 5, Packet Page 26 are considered to apply in all instances, except where the project may have an impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Exception a – Location – does not apply to projects which are exempt under Class 1.
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 an amendment to the Monterey City Code relating to the relocation of vessels during city sponsored harbor events, requirements for mooring inspections and repairs, and requirements for vessel insurance.
Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. No unusual circumstances are anticipated due to improvements’ limited scope and distinct locations.
Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). The project would not be visible from a scenic highway.
Exception e - Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. No impact to sites included on any list compiled pursuant to Section 65962.5 of the Government code would occur.
Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The project would not impact historic resources as the project would involve a code amendment that would require mooring inspections and repairs to existing moorings. The project would not involve digging; therefore, the project would not have an impact on historical or archeological resources.
NOW THEREFORE, the Monterey City Council declares as follows:
SECTION 2: 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.
SECTION 3: Monterey City Code, Chapter 17, Section 39(d)(2) and (3) are hereby amended to read as follows:
“2. Gear Inspection. It shall be the responsibility of the mooring licensee to have all mooring gear inspected by someone competent to assess its condition at least on an annual basis. The results of the annual inspection shall be provided to the Harbormaster. If the inspection concludes that repairs are necessary, the licensee shall complete all necessary repairs within 30 days of the inspection. If the licensee fails to complete the annual mooring inspection and, if necessary, complete necessary repairs within 30 days, the licensee shall remove the vessel from the mooring until the mooring has passed the required inspection. If the licensee fails to Council Regular Meeting, 2/4/2025, Item No. 4., Item Page 6, Packet Page 27 remove the vessel, the Harbormaster, or their designee, has the right to remove the vessel and the licensee shall be responsible for all costs incurred to remove and secure the vessel in the Marina, including any applicable berthing fees. If the annual inspection and necessary repairs remain outstanding after 60 days, the mooring license is automatically forfeited and the Harbormaster, or their designee, has the right to remove the vessel from the Monterey Harbor at the expense of the vessel owner.
3. Inadequate Mooring Gear. If, in the opinion of the Harbormaster, a mooring licensee is using gear that is not of sufficient strength to safely secure the vessel, and even if the gear is in good condition, the Harbormaster shall have the authority to require the licensee to supply stronger gear suitable for the size of the vessel. If the mooring licensee does not supply stronger gear within 30 days of notice from the Harbormaster, the licensee shall remove the vessel from the mooring until adequate mooring gear is in place. If the licensee fails to remove the vessel, the Harbormaster, or their designee, has the right to remove the vessel and the licensee shall be responsible for all costs incurred to remove and secure the vessel in the Marina, including any applicable berthing fees. If adequate gear is not supplied after 60 days, the mooring license is automatically forfeited and the Harbormaster, or their designee, has the right to remove the vessel from the Monterey Harbor at the expense of the vessel owner.” SECTION 4: Monterey City Code, Chapter 17, Section 33(d) is hereby amended to read as follows:
“d. The Harbormaster shall have authority to temporarily or permanently relocate any vessel from where it may be stored, anchored, berthed or moored when such relocation is required to ensure public safety, when it is in the best interests of Harbor operations due to boat damage or dock repair, for nonpayment of fees, to minimize use or space conflicts, to maximize vessel length or beam ratio, to facilitate City-sponsored events, or for the best allocation of Harbor space. The Harbormaster shall notify the vessel owner that the vessel must be relocated and if the vessel owner fails to comply in a timely manner, may move the vessel and charge the vessel owner for such services. The City shall not be liable for any damage or claim made as a result of such relocation.”
SECTION 5: Monterey City Code, Chapter 17, Section 33(m) is hereby added to read as follows:
“m. Insurance. All berth and mooring licensees shall maintain the following insurance:
1. Recreational vessels to maintain general vessel liability (Protection and Indemnity) insurance, including wreck removal and pollution coverage, with a minimum policy limit of $300,000.
2. Commercial vessels to maintain general vessel liability (Protection and Indemnity) insurance, including wreck removal and pollution coverage, with a minimum policy limit of $1,000,000.
3. All vessel insurance policies shall name the City of Monterey, its officer, officials, and employees as additional insureds.
Within five (5) business days of a request, a licensee shall provide a current certificate of insurance evidencing the above required policies to the Harbormaster. For berth and mooring licenses issued prior to the effective date of this section, the required insurance must be obtained by July 1, 2025. All others must obtain and submit proof the required insurance prior to issuance of the berth or mooring license.”
Council Regular Meeting, 2/4/2025, Item No. 4., Item Page 7, Packet Page 28 SECTION 6: All ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION 7: This ordinance shall be in full force and effect thirty (30) days from and after its final passage and adoption.
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, 2/4/2025, Item No. 4., Item Page 8, Packet Page 29 Council
Agenda Report
FROM: Andrea Renny, Public Works Director
Prepared By: Megan Beckman, Administrative Analyst
SUBJECT: 1st Reading of an Ordinance Amending the Sidewalk Repair and Maintenance Ordinance to Update Definitions, Update the Private Property Owner Repair Notification Procedures, and Add a Requirement for Inspection and Repair Verification Upon Change in Property Ownership (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) RECOMMENDATION:
That the City Council pass a first reading to amend the City’s Sidewalk Repair and Maintenance ordinance set forth in City Code section 32-23 et seq. The amendments revise definitions, update and provide more detail on the repair notification and inspection procedures, and it adds a sidewalk inspection certification provision when real property is transferred from one owner to another.
VALUE DRIVERS:
To maintain and repair core street, roadway, and storm drain infrastructure.
POLICY IMPLICATIONS:
State law and the City Code recognize that it is important to have safe and well-maintained sidewalks and that property owners are generally in the best position to inspect and repair sidewalks that abut their property.
CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.
FISCAL IMPLICATIONS:
State law and the City Code provide a mechanism for the City to recover the cost of sidewalk repairs from adjacent property owners.
ENVIRONMENTAL DETERMINATION:
The City of Monterey determined that the adoption of this ordinance 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. The adoption of this ordinance is an organizational and administrative activity of the City, does not have the potential to result in either a direct or reasonably foreseeably indirect physical change in the environment, and is therefore not a project of purposes of CEQA pursuant to CEQA Guidelines sections 15061(b)(3); 15378(b)(5).
Date: 2/4/2025
Item No.: 5.
Council Regular Meeting, 2/4/2025, Item No. 5., Item Page 1, Packet Page 30 №10/24
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:
Council could choose not to amend the sidewalk maintenance and repair ordinance.
Another policy consideration that is not included in the draft proposed amendments is whether to require a property owner to be 100% responsible for repairs resulting from city tree roots.
This is allowable under the law. Some cities have 100% repair responsibility on the property owner, some share the cost 50/50, and others, like Monterey, assume full repair responsibility.
A League of California Cities paper summarized the policy argument as follows:
not all of the equities for imposing the cost of repair on adjacent property owners where damage is caused by a tree in the right of way are on the side of the property owner. While property owners may argue that they have no control over the direction of tree roots; neither does the city. In addition, city trees typically provide great benefits to homeowners and for many the presence of large trees is a factor in the purchase of their home. The trees are aesthetically pleasing and provide shade which cools the home and helps keep other vegetation alive. They also enhance the monetary value of the home. While obtaining these benefits, the homeowners do not incur the costs of maintaining the trees (such as watering, trimming or fertilizing) or suffer the potential of liability for injuries caused by the tree itself (falling limbs; low hanging branches; branches obscuring traffic signs or lights, etc.).
DISCUSSION:
Overview
Unsafe sidewalk conditions can lead to accidents. In 1941, the California Legislature enacted laws that impose the duty and responsibility for maintenance and repair of sidewalks on the abutting property owner, regardless of who created the sidewalk defects.
The City of Monterey enacted an ordinance in 1955 pursuant to the Streets and Highways Code to help offset the cost of repair to and maintenance of worn out, damaged, or defective sidewalks. These laws recognize that property owners are generally in the best position to inspect and repair sidewalks that abut their property. This has been a highly effective program that helps to ensure safe sidewalk conditions throughout the City.
Revised Ordinance Provides More Clarity
This ordinance revises definitions, adds more detail to repair notification processes and procedures, and it adds an inspection provision when ownership of real property is transferred.
The revisions aim to clarify and strengthen the City's sidewalk repair and maintenance regulations, ensuring that sidewalks are safe and accessible for all users, while leaving the core principles of property owner responsibility and liability intact.
The current ordinance only contains a definition of sidewalk. The proposed ordinance revision adds new definitions for “Owner,” “Parking strip,” “Public Works Director,” and “Real Property” for ease of reference and clarity. The definition of "sidewalk" is also expanded to include a Council Regular Meeting, 2/4/2025, Item No. 5., Item Page 2, Packet Page 31 №10/24
parking strip, curbs, gutters, bulkheads, barriers, markings, or other delineations that set it apart from the roadway.
Extending Repair Timeframe for Property Owners
Additionally, the current ordinance only allows property owners two weeks to repair damaged sidewalks adjacent to their properties. This duration is insufficient for most property owners to obtain the necessary permits, hire a contractor, and make the required repairs. As a result, many repairs are not completed within the two-week timeframe, leading to delays, safety hazards, and accessibility issues.
The proposed amendment will extend the repair timeframe from two weeks to 90 days. This extension will provide property owners with ample time to plan and execute the required repairs, ensuring compliance with the code and promoting pedestrian safety.
In addition to extending the repair timeframe, the amendment will also provide a framework for the Public Works Director to initiate repairs and assess the costs to the property owner if they fail to complete the necessary work within the 90-day period. This provision will enable the City to address sidewalk deficiencies promptly, ensuring the safety and accessibility of our pedestrian infrastructure.
The proposed amendment to Chapter 32 is a necessary update that will improve pedestrian safety, enhance accessibility, and streamline the sidewalk repair process. By providing property owners with adequate time to make repairs and granting the Public Works Director the authority to initiate repairs, when necessary, this amendment will help to ensure that our sidewalks remain safe and accessible for all.
Inspection and Compliance Provision Before Transfer of Ownership Finally, the ordinance adds a real property transfer inspection and compliance provision, requiring property owners to inspect and repair sidewalks before any transfer of ownership. This means that when real property is sold, the seller must provide certification to the City that the sidewalk is in good condition. There is also an option for the owner to transfer this obligation to the buyer/transferee. This process will ensure that sidewalks are maintained and repaired in a safe condition, and that new owners will be made aware of the obligation to maintain and repair sidewalks.
Attachments: 1. Ordinance
e: Christine Davi, City Attorney
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, 2/4/2025, Item No. 5., Item Page 3, Packet Page 32 ORDINANCE NO. ____ C.S.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22
AMENDING THE SIDEWALK REPAIR AND MAINTENANCE ORDINANCE TO UPDATE
DEFINITIONS, UPDATE THE PRIVATE PROPERTY OWNER REPAIR NOTIFICATION
PROCEDURES, AND ADD A REQUIREMENT FOR INSPECTION AND REPAIR
VERIFICATION UPON CHANGE IN PROPERTY OWNERSHIP
THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:
SECTION 1:
WHEREAS, Streets and Highways Code section 5600 et seq. provides that the responsibility for maintenance of sidewalks rests on the abutting property owner, regardless of who created the sidewalk defects;
WHEREAS, the maintenance and repair responsibility provisions in the Streets and Highways Code have been a part of state law for more than 80 years; WHEREAS, the City of Monterey first enacted Ordinance 989 in 1955 pursuant to the Streets and Highways Code to help offset the cost of repair to and maintenance of worn out, damaged, or defective sidewalks;
WHEREAS, in 1993, the adoption of Ordinance 3127 amended the sidewalk repair and maintenance ordinance to include private property owner liability for injuries to the public due to unsafe sidewalk conditions. Sidewalk liability ordinances “provide [ ] an additional level of responsibility for the maintenance of safe sidewalks on the owners whose property is adjacent to and abuts the sidewalks”… Property owners “…are often in the best position to quickly identify and address potentially dangerous conditions that might occur on the sidewalks as opposed to [the city].” (Gonzales v. City of San Jose (2004) 125 Cal.App. 4th 1127.) WHEREAS, it is the intent that this ordinance revision update definitions, clarifies repair notification procedures and processes, and adds a requirement to verify inspections and repairs upon real property transfers;
WHEREAS, the City of Monterey determined that the adoption of this ordinance 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. The adoption of this ordinance is an organizational and administrative activity of the City, does not have the potential to result in either a direct or reasonably foreseeably indirect physical change in the environment, and is therefore not a project of purposes of CEQA pursuant to CEQA Guidelines sections 15061(b)(3); 15378(b)(5).
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 Council Regular Meeting, 2/4/2025, Item No. 5., Item Page 4, Packet Page 33 2 projects resulting from this action will be assessed for CEQA applicability.
NOW THEREFORE, the Monterey City Council declares as follows:
SECTION 2: 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.
SECTION 3: Chapter 32, Article 4, Section 32-23 is amended to read as follows:
Sec. 32-23 Definitions
For purposes of this Article, the following terms shall have the definitions set forth below:
(a) “Owner” means a person owning real property adjacent to or fronting on any portion of a public street, alley, or other place where a sidewalk exists. (b) “Parking strip” means the area between the street line and the edge of the right-of-way, including the sidewalk and any planting area.
(c) “Public Works Director” means the Public Works Director or designee. (d) “Real property” means a parcel(s), lot(s), or portions thereof. (e) “Sidewalk” means an improved (e.g., paved with concrete, mortared stone, mortared rock, mortared brick, asphaltic concrete, decomposed granite, hardscape, etc.) portion of the public right-of-way, between a building or other property and the roadway, set apart for pedestrian travel by curbs, gutters, bulkheads, retaining walls, gutters, barriers, markings, or other delineation. For purposes of this Article, a “sidewalk” also includes a parking strip, curbs, gutters, bulkheads, barriers, markings, or other delineation that sets it apart from the roadway.
SECTION 4: Chapter 32, Article 4, Section 32-24 is amended to read as follows:
Sec. 32-24 Duty of Property Owners to Repair
(a) An owner shall repair and maintain any sidewalk in such condition that the sidewalk will not endanger persons or property, and repair and maintain it in a condition which will not interfere with the public safety or convenience in the use of the sidewalk or abutting roadway.
(b) For purposes of this Article, maintenance and repair of the sidewalk area shall include, but not be limited to, sweeping, cleaning, grinding, removal and replacement, removal and filling or replacement of parking strips, removal of weeds and/or debris, trimming of shrubs and/or ground cover, so that the sidewalk will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said sidewalk. (c) Exceptions.
Council Regular Meeting, 2/4/2025, Item No. 5., Item Page 5, Packet Page 34
1. An owner is not responsible for conditions created or maintained in, upon, along, or in connection with such sidewalk by a third party who has a permit or right granted to them by law or by the city (e.g., encroachment permits).
2. An owner is not responsible for conditions created by a City planted or maintained tree or said tree’s roots.
SECTION 5: Chapter 32, Article 4, Sections 32-25 through 32-30 are repealed and replaced with Sections 32-25 through 32-27 as follows:
Sec. 32-25 Notice to Repair Sidewalks
(a) The notice and repair procedures set forth in this Article are alternative and supplementary to the procedures set forth in Streets and Highways Code section 5600 et seq., as those sections now exist or may hereafter be amended. The City may follow the procedures set forth in the Streets and Highways Code or those set forth in this Article, or some combination thereof.
(b) Notice Required. When the Public Works Director has actual notice of the existence of a defective sidewalk, the Public Works Director shall give written notice to the owner to repair the defective sidewalk. The Public Works Director may also give notice to the person in possession of the real property in addition to the notice given to the owner. (c) Service of Notice. The notice to repair described in subsection (b) shall be served on the owner by any of the following methods:
1. Personal service on the owner.
2. Mailing the notice by first class mail, postage prepaid, to the address of the owner as set forth on the last equalized assessment roll.
3. Personal service of a copy of the notice on the person in possession of the real property if a copy of the notice is also mailed to the owner in accordance with subsection (c)(2).
4. If the notice is served on the owner by mail, the Public Works Director shall, not more than 30 days after mailing the initial notice to repair, mail to the owner an additional notice to repair marked “second notice,” containing the same information set forth in the initial notice.
(d) Contents of Notice. The notice to repair shall contain the following information:
1. That the sidewalk needs to be repaired.
2. The nature of the work required to be done.
3. The manner in which the work is to be done, including specifications required by the City as to materials and technique.
4. If the repair is not commenced within the time specified in Section 32-26, or once commenced it is not completed diligently and without interruption, the Public Works Director shall, within a reasonable time, cause the City to make the required repairs and the cost shall become a special assessment recorded against the real property of the owner.
Sec. 32-26 Time to Commence and Complete Repairs
The owner shall commence the repairs required by the notice to repair within 90 days after Council Regular Meeting, 2/4/2025, Item No. 5., Item Page 6, Packet Page 35 4 service of the notice to repair. Once commenced, repairs shall be completed diligently and without interruption.
Sec. 32-27 Failure to Make Required Repairs
(a) If the repair required pursuant to Section 32-24 is not commenced and completed within the time specified in Section 32-26, the Public Works Director shall, within a reasonable time, cause the City to make the required repairs. The Public Works Director will prepare a report specifying the repairs made, the cost, and a description of the real property fronting or adjacent to which the repairs have been made.
(b) The owner is responsible to pay the cost of all work provided by the City or under the City’s direction, including administrative and inspection costs, upon receipt of an invoice from the City.
(c) If the owner has not provided full payment 30 days after the date on the mailed invoice, the Public Works Director may initiate proceedings to make the cost of the work performed by the City a special assessment against the parcel(s) of property abutting or fronting the repaired sidewalk(s).
(d) The Public Works Director may follow the procedure set forth in City Code section 1-12.2 et seq. The report to the City Council may include repairs to any number of parcels of real property, whether contiguous to each other or not.
SECTION 6: Chapter 32, Article 4, Section 32-31.1, Liability for Injuries to the Public, is hereby renumbered as Section 32-28.
SECTION 7: Chapter 32, Article 4, Sections 32-29 is hereby added as follows:
Sec. 32-29 Inspections Upon Transfer of Real Property Requirements (a) Upon Transfer of Real Property. All owners shall, prior to the time of any transfer of ownership, inspect for any defects in the sidewalk, and, if necessary, have the sidewalk repaired or corrected to meet the City’s standards and specifications.
1. Responsibilities of Transferor. The owner of the real property prior to the time of sale or other transfer (“transferor”) shall submit a certificate of compliance and/or completion to the Public Works Director on a form provided by the Public Works Department along with a photograph of the sidewalk.
2. Option to Transfer Transferor’s Responsibility to Repair to Transferee. Before the time of sale or other transfer, the transferor and transferee of any property may mutually agree to shift responsibility for any repairs needed to comply with this Article to the transferee. In the event the transferee agrees to assume responsibility for repairing the sidewalk, the transferee shall complete the repairs to meet the City’s standards within 90 days from the date of the sale or other transfer. Before the time of sale or other transfer, the transferor and transferee shall complete the following procedures:
i. Both the transferor and transferee shall sign the City’s Transfer of Responsibility form certifying that the transferee has assumed responsibility for the pre-transfer inspection and any needed repairs.
Council Regular Meeting, 2/4/2025, Item No. 5., Item Page 7, Packet Page 36 ii. The transferor shall file the signed Transfer of Responsibility to Inspect Form with the City before the time of transfer and include it in the real estate transfer documentation.
iii. The transferor shall submit a certificate of compliance and/or completion to the Public Works Director on a form provided by the Public Works Department along with a photograph of the repaired sidewalk.
SECTION 8: All ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION 9: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of these amendments and the application of such provisions to other persons or circumstances shall not be affected thereby.
SECTION 10: This ordinance shall be in full force and effect thirty (30) days from and after its final passage and adoption.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
ATTEST:
Mayor of said City
City Clerk thereof
Council Regular Meeting, 2/4/2025, Item No. 5., Item Page 8, Packet Page 37 ORDINANCE NO. ____ C.S.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№09/24
XTENDING ELECTED OFFICIALS’ FIRST ETHICS TRAINING DEADLINE BY 30 DAYS,
AND REQUIRING ELECTRONIC FILING OF CAMPAIGN FINANCE
DISCLOSURE STATEMENTS
THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:
SECTION 1:
WHEREAS, California Gov. Code sec. 53235.1 (“AB 1234”) requires that local agency officials receive at least two hours of training in general ethics principles and ethics laws within one year from the first day of service with the local agency, and thereafter every two years, and the Monterey City Code is more restrictive than state law by requiring that members of the City Council receive their initial ethics training within their first 30 days; WHEREAS, while it is beneficial to continue to require newly elected officials to take their first local ethics training sooner than required by State law, it is desirable to allow newly elected officials 30 days longer to do so, in order to maximize the learning options available to the member;
WHEREAS, the California Online Disclosure Act of 1997 provides that local government agencies may require elected officers, candidates, and committees to file most required campaign statements online or electronically (CA Gov. Code sec. 84615); WHEREAS, the Monterey City Code currently encourages electronic filing of committee campaign statements but does not require it;
WHEREAS, the Monterey City Council hereby finds, pursuant to Government Code section 54615(b), that the electronic filing system operates securely and effectively and does not unduly burden filers;
WHEREAS, paper campaign statement filings require the consumption of paper, which is undesirable and can be avoided;
WHEREAS, paper campaign statement filings require manual processes that reduce efficiency, and introduce a delay in online visibility to the public as compared with electronic filings;
WHEREAS, electronic filing of committee campaign statements reduces filing errors and provides immediate and powerfully searchable transparency to the public, but the otherwise high value of searchable campaign contribution and expenditure data is reduced so long as the electronically filed forms do not make up 100% of filings; WHEREAS, requiring all contribution and expenditure data to be electronically filed is in line with the Council’s embrace of campaign finance reform, transparency, efficiency, and sustainability initiatives; and
Date: 2/4/2025
Item No.: 6.
Council Regular Meeting, 2/4/2025, Item No. 6., Item Page 1, Packet Page 38 WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability; NOW THEREFORE, the Monterey City Council declares as follows:
SECTION 2: 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.
SECTION 3: Monterey City Code, Chapter 2, Section 2-1.03, is hereby amended to read as follows:
“Members of City Council who are compensated for their service or reimbursed for expenses undertaken in the performance of official duties shall take two hours of training in ethics principles and laws every two years as required by Government Code Sections 53234 through 53235. The training shall occur, and a signed certificate of completion filed with the City Clerk, within 60 calendar days of assuming office, and every two years thereafter.
The City Clerk shall report a member’s noncompliant status within five working days after the compliance deadline to the Finance Department and the City Manager. During a period of noncompliance, all compensation paid pursuant to City Code section 2-1.06 and expense reimbursements shall cease. Salary and expense reimbursement shall resume when compliance is obtained, but the member shall not be paid for any service or expense undertaken during the period of noncompliance.” SECTION 4: Monterey City Code, Chapter 2, Section 2-1.04(a) is amended to delete the definition of “Political Reform Act.”
SECTION 5: Monterey City Code, Chapter 2, Section 2-1.04(b), “Electronic Filing System,” is hereby amended to read as follows:
“1. Each filer required to file campaign finance disclosure statements shall file such statements using the electronic filing system according to procedures established by the City Clerk. These procedures shall ensure that the electronic filing system complies with the requirements set forth in Section 84615 of the Government Code, as may be amended from time to time.
A. Exceptions. Compliance with subsection (b)(1) is optional when:
i. A filer receives contributions totaling less than two thousand dollars ($2,000), and makes expenditures totaling less than two thousand dollars Council Regular Meeting, 2/4/2025, Item No. 6., Item Page 2, Packet Page 39 ($2,000) in a calendar year, in which case a paper format statement may be filed pursuant to subsection (b)(3).
ii. An original statement is required to be filed with the Secretary of State, in which case a paper format copy of the statement may be filed with the City Clerk pursuant to subsection (b)(3).
2. Any filer who has electronically filed a statement with the City Clerk using the electronic filing system is not required to file a duplicate paper copy of the same statement with the City Clerk.
3. In the event that a particular type of statement is not authorized, available, or required by state law or the City Code to be electronically filed, a filer may file that statement in paper format with the City Clerk.”
SECTION 9: All ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION 10: This ordinance shall be in full force and effect thirty (30) days from and after its final passage and adoption.
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, 2/4/2025, Item No. 6., Item Page 3, Packet Page 40 Council
Agenda Report
№07/19
FROM: Andrea Renny, PE, PTOE, Public Works Director
Prepared By: Cody Hennings, Engineering Assistant
SUBJECT: Order Engineer’s Report for Fiscal Year 2025-2026 Alvarado Street Maintenance District No. 85-1 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:
That the City Council adopt the attached resolution ordering the preparation of an Engineer’s Report for Fiscal Year 2025-2026 for the Alvarado Street Maintenance District 85-1. This is a property-based district in which liability for the assessment is premised upon a person’s property ownership.
VALUE DRIVERS:
Serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships.
In collaboration with our community partners, work to improve the quality of life of all of our community members by fostering diversity, equity, and inclusion; championing equitable access to affordable housing; and maintaining a safe environment.
POLICY IMPLICATIONS:
This action is consistent with previous City Council actions and will begin the process for establishing an annual assessment to repair and maintain improvements, and to add these improvements as necessary to meet the intent of the District’s formation.
CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No FISCAL IMPLICATIONS:
A meeting with representatives of the District will be held to discuss the special benefits conferred and an appropriate assessment rate for 2025-2026. This information will be used to generate the report. The assessment pays for all aspects of the work program for 2025-2026.
The City has historically contributed funds to the District.
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 Date: 2/4/2025
Item No.: 7.
Council Regular Meeting, 2/4/2025, Item No. 7., Item Page 1, Packet Page 41 CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
ALTERNATIVES CONSIDERED:
City Council could decide not to proceed with the reestablishment of this District. However, the assessment pays for maintenance of enhanced improvements that add to the character of the downtown and support commerce. If the maintenance district were to expire without being annually re-imposed then the City would not have dedicated funds to maintain the enhanced improvements on Alvarado Street at the same level of service. Additionally if in the future the City wished to re-create a maintenance district it would require the additional work of establishing a new maintenance district, including conducting a vote by the property owners which could fail.
DISCUSSION:
The Alvarado Street Maintenance District (District) was established in 1985 under the 1972 Landscape and Lighting Act (Streets and Highways Code section 22500 et seq.), which authorizes assessments to install, construct and maintain landscaping, lighting and park and recreational facilities, including graffiti removal. The boundaries of the District include the entire length of Alvarado Street. Staff will meet with representatives of the District to determine the suitable level of service and calculate an acceptable assessment for the next fiscal year.
The assessment for the Alvarado Street Maintenance District was not levied this past year because the City could not confirm that property owners had received the voting ballots prior to the public hearing. The ballots were deposited in a United States Post Office mailbox on May 31, 2024. However, leading up to the public hearing, no ballots had been returned to the City Clerk’s Office. In an abundance of caution, staff recommended that the City Council do not proceed with the protest hearing and instead suspend the assessment for Fiscal Year 2024/25 but not dissolve the Alvarado Street Maintenance District 85-1.
On August 6, 2024, City Council adopted a Resolution (24-130) suspending the collection of the Annual Alvarado Street Maintenance District for the Fiscal Year 2024/2025. As efforts are underway to resume an assessment in Fiscal Year 2025/26, staff recommends that the City Council order the preparation of the Engineer’s Report. The report will evaluate the costs and determine the appropriate allocation for each beneficiary of the proposed improvements. The Engineer’s Report separates the general benefits to the public at large from the special benefits the assessed parcels will receive. Property-based assessments may only be used to pay for the special benefits provided by the improvements and activities of a district and may not be used to pay for general benefits (California Constitution Art XIIID §4(a).) Therefore, the Engineer’s Report must separate and quantify the special and general benefits and assess property owners only for the portion of the cost representing special benefits.
At a future Council meeting, the City Council will be asked to receive the report and set a time for a public hearing regarding the contents of the report. After the public hearing, Council will be asked to adopt a resolution confirming the assessment and the district boundaries. The Council Regular Meeting, 2/4/2025, Item No. 7., Item Page 2, Packet Page 42 resolution will be filed with the County Auditor’s Office prior to the August 1, 2025 deadline established by the County Auditor.
AR/ch/pl
Attachments: 1. Resolution
e: Peter Cofresi, Executive Director, Old Monterey Business Association (OMBA) 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, 2/4/2025, Item No. 7., Item Page 3, Packet Page 43 RESOLUTION NO. __- ___ C.S.
A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19
ORDERING ENGINEER’S REPORT FOR FISCAL YEAR 2025-2026 ALVARADO STREET MAINTENANCE DISTRICT NO. 85-1
WHEREAS, the Alvarado Street Maintenance District (District) was established in 1985 under the 1972 Landscape and Lighting Act (Streets and Highways Code section 22500 et seq.), which authorizes assessments to install, construct and maintain landscaping, lighting and park and recreational facilities, including graffiti removal on Alvarado Street; WHEREAS, the District funds maintenance which contributes to a clean and safe environment conducive to commerce;
WHEREAS, Street & Highways Code section 22567 requires an Engineer’s Report to (1) contain plans and specifications for the improvements; (2) an estimated cost of the improvements; (3) a diagram for the assessment district; and (5) an assessment of the estimated costs of the improvements;
WHEREAS, all parcels that receive a special benefit are included in the District and the cost of the benefits are reasonably apportioned among the benefitted parcels according to special benefits;
WHEREAS, general benefits available to the public at large are not paid from special assessments; and,
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.
Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby orders the preparation of an Engineer’s Report for Fiscal Year 2025- 2026 for the Alvarado Street Maintenance District No. 85-1 to analyze and separate the general benefits to the public at large from the special benefits the assessed parcels will receive and other information required by the Streets & Highways Code.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:
Council Regular Meeting, 2/4/2025, Item No. 7., Item Page 4, Packet Page 44 2 AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
ATTEST:
Mayor of said City
City Clerk thereof
Council Regular Meeting, 2/4/2025, Item No. 7., Item Page 5, Packet Page 45 Council
Agenda Report
№07/19
FROM: Andrea Renny, PE, PTOE, Public Works Director
Prepared By: Cody Hennings, EIT, Engineering Assistant
SUBJECT: Order Engineer’s Report for Fiscal Year 2025-2026 Calle Principal Maintenance District No. 00-1 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:
That the City Council adopt the attached resolution ordering the preparation of an Engineer’s Report for Fiscal Year 2025-2026 for the Calle Principal Maintenance District 00-1. This is a property-based district in which liability for the assessment is premised upon a person’s property ownership
VALUE DRIVERS:
Serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships.
In collaboration with our community partners, work to improve the quality of life of all of our community members by fostering diversity, equity, and inclusion; championing equitable access to affordable housing; and maintaining a safe environment.
POLICY IMPLICATIONS:
This action is consistent with previous City Council actions and will begin the process for establishing an annual assessment to repair and maintain improvements, and to add these improvements as necessary to meet the intent of the District’s formation.
CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No FISCAL IMPLICATIONS:
A meeting with representatives of the District will be held to discuss the special benefits conferred and an appropriate assessment rate for 2025-2026. This information will be used to generate the report. The assessment pays for all aspects of the work program for 2025-2026.
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 Date: 2/4/2025
Item No.: 8.
Council Regular Meeting, 2/4/2025, Item No. 8., Item Page 1, Packet Page 46 the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
ALTERNATIVES CONSIDERED:
City Council could decide not to proceed with the reestablishment of this District. However, the assessment pays for maintenance of improvements that add to the character of the downtown and support commerce. If the maintenance district were to expire without being annually reimposed then the City would not have dedicated funds to maintain the enhancements to the same level of service. Additionally, if in the future the City wished to recreate a maintenance district it would require the additional work of establishing a new maintenance district, including conducting a vote by the property owners which could fail to pass.
DISCUSSION:
The Calle Principal Maintenance District (District) was established in 2000 under the 1972 Landscape and Lighting Act (Streets and Highways Code section 22500 et seq.), which authorizes assessments to install, construct, and maintain landscaping, lighting and park and recreational facilities, including graffiti removal. The boundaries of the District include the entire length of Calle Principal. Staff will meet with representatives of the District to determine the suitable level of service and calculate an acceptable assessment for the next fiscal year.
The assessment for the Calle Principal District was not levied last year because the City could not confirm that the property owners had received the voting ballots prior to the public hearing.
Staff deposited the ballots in a United States Post Office collection box on May 31, 2024.
However, leading up to the public hearing no ballots had been returned to the City Clerk’s Office. In an abundance of caution, staff recommended that the City Council not proceed with the protest hearing and instead suspend the assessment for Fiscal Year 2024/25. On August 6 th, 2024, City Council adopted a Resolution (24-129) suspending the collection of the Annual Calle Principal Street Maintenance District for the Fiscal Year 2024/2025. This action did not dissolve the Calle Principal Maintenance District 00-1.
Staff recommends that the City Council order the preparation of the Engineer’s Report. The report will evaluate the costs and determine the appropriate allocation for each beneficiary of the proposed improvements. The Engineer’s Report separates the general benefits to the public at large from the special benefits the assessed parcels will receive. Property-based assessments may only be used to pay for the special benefits provided by the improvements and activities of a district and may not be used to pay for general benefits (California Constitution Art XIIID §4(a).) Therefore, the Engineer’s Report must separate and quantify the special and general benefits and assess property owners only for the portion of the cost representing special benefits.
At a future Council meeting, the City Council will be asked to receive the report and set a time for a public hearing regarding the contents of the report. After the public hearing, Council will be asked to adopt a resolution confirming the assessment and the district boundaries. The resolution would be filed with the County of Monterey Auditor’s Office prior to the August 1, 2025 deadline.
Council Regular Meeting, 2/4/2025, Item No. 8., Item Page 2, Packet Page 47 AR/ch/pl
Attachments: 1. Resolution
e: Peter Cofresi, Executive Director, Old Monterey Business Association (OMBA) 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, 2/4/2025, Item No. 8., Item Page 3, Packet Page 48 RESOLUTION NO. __- ___ C.S.
A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19
ORDERING ENGINEER’S REPORT FOR FISCAL YEAR 2025-2026 CALLE PRINCIPAL MAINTENANCE DISTRICT NO. 00-1
WHEREAS, the Calle Principal Maintenance District (District) was established in 2000 under the 1972 Landscaping and Lighting Act (Streets & Highways Code section 22500 et seq.) which authorizes the assessment to install, construct, and maintain landscaping, lighting, and park and recreational facilities, including graffiti removal; WHEREAS, Street & Highways Code section 22567 requires an Engineer’s Report to (1) contain plans and specifications for the improvements; (2) an estimated cost of the improvements; (3) a diagram for the assessment district; and (5) an assessment of the estimated costs of the improvements;
WHEREAS, all parcels that receive a special benefit are included in the District and the cost of the benefits are reasonably apportioned among the benefitted parcels according to special benefits;
WHEREAS, general benefits available to the public at large are not paid from special assessments;
WHEREAS, the District funds maintenance which contributes to a clean and safe environment conducive to commerce; and
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.
Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby orders the preparation of an Engineer’s Report for 2025-2026 for the Calle Principal Maintenance District No. 00-1 with the information required by the Streets & Highways Code.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:
AYES: COUNCILMEMBERS:
Council Regular Meeting, 2/4/2025, Item No. 8., Item Page 4, Packet Page 49 2 NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
ATTEST:
Mayor of said City
City Clerk thereof
Council Regular Meeting, 2/4/2025, Item No. 8., Item Page 5, Packet Page 50 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: 353 Camino El Estero; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties:
Monica Lal (Monterey Peninsula Chamber of Commerce); Under Negotiation:
Price and Terms of Payment for Lease Amendment (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 amendment for the premises located at 353 Camino El Estero.
VALUE DRIVERS:
Serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships.
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 since there is no disposition as defined under the Act.
CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: Yes 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: 2/4/2025
Item No.: 9.
Council Regular Meeting, 2/4/2025, Item No. 9., Item Page 1, Packet Page 51 №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:
The Monterey Peninsula Chamber of
Commerce (“Chamber”) has leased the
building located at 353 Camino El Estero
since February 2020. The Chamber is a
501(c)(6) business association that has
been in continuous operation since 1908.
Its mission is to serve businesses of all
sizes, non-profits, and government
agencies with a goal of supporting
economic vitality.
In addition, the Chamber recently started
providing space to the Central Coast Small Business Development Center (SBDC) to assist local businesses with no-cost consulting services, trainings, and workshops.
The Chamber has one 5-year option to extend the lease through February 28, 2030. It is recommended to conduct a closed session discussion with the City’s real estate negotiators to discuss the lease extension. Closed session discussions are allowed and appropriate to provide confidential direction for real estate matters.
KC/ja/ad
e: Monica Lal, President/CEO, Monterey Peninsula Chamber of Commerce 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
353 Camino El Estero
Council Regular Meeting, 2/4/2025, Item No. 9., Item Page 2, Packet Page 52 Council
Agenda Report
FROM: Rafaela T. King, Finance Director
SUBJECT: Amend Resolution 24-138 Authorizing Changes to the Fiscal Year 2024-25 Budget to Increase Revenues and Expenditures in the General Fund and Other Funds, Designate Funds into the Economic Uncertainty Reserve, and Update the Position Control List (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:
That the City Council approve the attached resolution amending the FY 2024-25 Budget and FY 2024-25 Position Control List.
VALUE DRIVERS:
Serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships.
POLICY IMPLICATIONS:
It is good fiscal and budget policy to regularly review the financial results of City operations. In addition, governmental accounting standards require that the City Council be regularly updated as to the financial condition of the City. These updates are known as “Mid-Year Budget Adjustments” and are typically conducted annually in February.
CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.
FISCAL IMPLICATIONS:
On June 4, 2024, Monterey City Council adopted a balanced budget for the 2024-25 Fiscal Year. Anticipated salary savings were utilized to present the balanced budget. The General Fund appropriated revenues and expenditures were $106M and $109M respectively. After review of the City’s operations at mid-year, City Staff recommends amending the FY 2024-25 General Fund revenues by $370,759 and expenditures by $1,536,199 to a total of $108,023,941 in revenue and $113,588,386 in expenditures. When taking into consideration these amendments, along with anticipated salary savings, the City’s Operating Budget remains balanced. Additionally, City Staff recommend allocating an additional $873,974 to the City’s Economic Uncertainty Reserve to maintain the reserve’s level of 20% of the General Fund’s expenditure balance, per City Policy adopted in June 2023.
In the General Fund, at the time of adoption, City staff projected an Unassigned Fund Balance of approximately $10.1M. The preliminary audited FY 2024-25 beginning Unassigned Fund Balance is $10.3M – in line with City Staff estimates. Much of the projected Unassigned Fund Balance was dedicated to meeting the City’s Reserve Policies and permitted the City to make other Financial commitments throughout the City – while the $10.3M in end of year Unassigned Fund Balance is a positive sign for the City, City Staff must continue to be prudent and judicial in Date: 2/4/2025
Item No.: 10.
Council Regular Meeting, 2/4/2025, Item No. 10., Item Page 1, Packet Page 53 №10/24
decision making to as to not over commit the City’s financial resources. The above recommendations will be funded through anticipated FY 2024-25 salary savings.
Outside the General Fund, City Staff recommend amendments to Special Revenue Funds and Enterprise Funds. This includes increases in expenditures of $79,955 to the Marina Fund, $90,000 to the Parking Fund, $31,547 to the Presidio Fund, $36,729 to the Tidelands Fund and $11,660 to the Vehicle Maintenance Fund. There is also an increase in revenue of $26,109 to the Parking Fund.
A full description of the City’s proposed amendments to the General Fund, Special Revenue Funds, and Enterprise Funds can be found later in this report.
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 that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
ALTERNATIVES CONSIDERED:
The Council could choose not to approve budget adjustments or designate funds to the Economic Uncertainty Fund; however, that is not recommended.
DISCUSSION:
Budgets are a compilation of estimates (i.e., about economics, programs, projects, service demands, emergencies, etc.) and such estimates are based upon information known at the time the budget is developed. The budget process consists of activities that encompass the development, implementation, and evaluation of a plan for the provision of services and capital assets. The process helps decision makers make informed choices about the provision of services and capital assets and to promote stakeholder participation in the process. Financial forecasting is a best practice recommended by Government Fiscal Officers Association (GFOA) because it evaluates current and future fiscal conditions to guide policy and programmatic decisions.
The City’s fiscal year spans July 1 to June 30 and currently uses the annual budget model. A critical feature of effective governance, transparency and financial management is budget monitoring and reporting. The below FY 2023-24 financial summary and FY 2024-25 update reflects information known about halfway through the fiscal year (from July 2024 through December 2024) and helps plan for the upcoming FY 2025-26 budget and five-year forecast.
Council Regular Meeting, 2/4/2025, Item No. 10., Item Page 2, Packet Page 54 №10/24
FY 2023-24 Financial Summary
The overview of the FY 2023-24 financial results can be viewed below in Table 1.1:
Table 1.1: FY 2023-24 General Fund Budget Summary
General Fund
FY 2023-24 Amended
Budget
FY 2023-24 Year-End
Actuals
Revenue $100,545,296.79 $104,443,555.73
Expenditure $101,384,347.83 $95,573,719.04
Revenue Over/(Under)
Expenditure ($839,051.04) $8,869,836.69
Transfer In $678,715.00 $678,715.00
Transfer Out Other ($140,000.00) ($140,000.00)
Transfer Out – ISD ($1,090,000.00) ($1,090,000.00)
Transfer Out Debt Service ($542,316.00) ($542,316.00)
Transfer Out CIP ($2,000,000.00) ($2,000,000.00)
Net Transfer (Use) ($3,093,601.00) ($3,093,601.00)
FY 2023-24 Surplus/(Deficit) $ (3,932,652.04) $ 5,776,235.69 While revenue and expenditures actuals worked out in the City’s favor, the operating surplus was anticipated by City Staff and incorporated into the FY 2024-25 Budget. This can be viewed later in this report in Table 2.2. An overview of the City’s General Fund, including the status of the City’s reserved and Unassigned Fund Balance can be viewed below in Table 1.2:
Table 1.2: General Fund Balance Sheet (Abbreviated)
6/30/2024
(Estimated)
FY 2024-25
Adopted
Allocation
6/30/2025
(Projected at
time of
Budget
Adopted)
FY 2024-25
Proposed
Mid-Year
Adjustments
6/30/2025
(Projected)
Non-spendable $2,754,885 $2,754,885 $2,754,885
Total Committed, Assigned, Unassigned $59,815,958 $59,815,958 $59,815,958 Fund Balance - June 30 estimates $62,570,843 $62,570,843 $62,570,843 Budgetary Fund Balance" or Committed,
Assigned, Unassigned
Economic Uncertainty Reserve $20,276,870 $1,566,833 $21,843,703 $873,974 $22,717,677 Capital Projects (on-going) $6,881,098 $6,881,098 $6,881,098 Other Designations $2,754,885 $2,754,885 $2,754,885
Encumbrances $4,332,634 $4,332,634 $4,332,634
Conference Center Facilities Reserve $2,588,739 $750,000 $3,338,739 $3,338,739 Sport Center Facilities Reserve $2,500,000 $500,000 $3,000,000 $3,000,000 Pension Reserve $6,000,000 $1,000,000 $7,000,000 $7,000,000 Technology $1,910,000 $1,090,000 $3,000,000 $3,000,000
City Facilities $850,000 $250,000 $1,100,000 $1,100,000 Safety Building Reserve $250,000 $250,000 $500,000 $500,000 Library Building Reserve $250,000 $250,000 $500,000 $500,000 Unassigned $10,345,966 $4,689,133 $3,815,159
Council Regular Meeting, 2/4/2025, Item No. 10., Item Page 3, Packet Page 55 №10/24
FY 2023-24 Revenue Highlights
Overall, the City’s revenues exceeded initial projections in FY 2023-24. The General Fund revenue finished at 104% of budget, equaling $3.9M above budgeted projections. While some areas of the City’s revenues came in slightly lower than projected, the City’s five key revenue sources1 met or exceeded expectations. Of note:
Property Taxes came in at 102.5%, equaling $370K above projected revenues. Business License came in at 118.0%, equaling $731K above projected revenues Fees and Charges came in at 106.7%, equaling $1.2M above projected revenues Transient Occupancy Taxes came in at 97.9%, equaling $627K below projected revenues
Sales Tax came in at 95.5%, equaling 233K below projected revenues Additionally, the City’s investments produced very sound returns. In FY 2023-24, the City exceeded interest revenue by 415% ($2.8M) of projections completed at the beginning of the fiscal year.
FY 2023-24 Expenditure Highlights
As noted in this report, spending generally came in under budgeted projections. There are many reasons for these underspent categories – reasons could include staffing vacancies, close monitoring/managing of expenditures, deferring costs, or identifying alternatives to spending or other funding sources, such as grants. Overall, the General Fund came in at 94.3%, equaling $5.8M under the projected budget. Of note:
Salaries and Benefits came in at 95.7%, equaling approximately $3.1M under projected expenditures.
Services and Supplies came in at 87.4%, equaling approximately $2.2M under projected expenditures.
Equipment Outlay came in at 66.4%, equaling approximately $380K under projected expenditures.
The year-end status of the General Fund (above revenue projection, under expenditure projections) is a net positive for the City. However, as noted throughout this report, this surplus was anticipated by City Staff and integrated into the City’s FY 2024-25 financial goals and allocated to current financial priorities.
FY 2024-25 Year-to-Date Update
The current fiscal year budget, adopted by Monterey City Council on June 4, 2024 appropriated a balanced budget for the 2024-25 Fiscal Year. General Fund revenue and expenditures were $105.9M and $109M respectively. During the first six months of the fiscal year, various adjustments have come to Council and the amended budgets for General Fund revenue and expenditures are $107.4 and $112M respectively.
As of December 31, 2024 the City has collected approximately 49% (equaling $52.6M) of its expected annual revenue and has spent approximately 46% (equaling $51.5M) of its expected annual expenditures. While the City continues to meet its revenue goals and come in under its budgeted spending, one can see that City spending is outpacing revenue collection. While 1 Approximately 85% of the City’s revenue comes from five key areas: 1) Transient Occupancy Tax; 2) Property Tax; 3) Utility Users Tax; 4) Sales Tax; and 5) Business License Tax Council Regular Meeting, 2/4/2025, Item No. 10., Item Page 4, Packet Page 56 №10/24
there is City spending that is front-loaded in the fiscal year, the Finance Department will continue to monitor the City’s finances closely.
Mid-Year Budget Adjustment Highlights
Exhibit A shows a full listing of requested amendments by accounts.
General Fund
After review and consideration of the City’s financial position, operations, and needs, City staff recommend amending the FY 2024-25 General Fund revenues by $370,759 and expenditures by $1,536,199 to a total of $108,023,941 in revenue and $113,588,386 in expenditures. Taking into consideration all revenues, expenditures, transfers-in, transfers-out, and other uses, the amended estimated deficit is $2,705,029. This can be seen in Tables 2. There is adequate funding through the unassigned fund balance and projected FY 2024-25 savings to absorb this deficit through the remainder of the 2024-25 fiscal year. There is also sufficient funds to transfer an additional $873,974 to the Economic Uncertainty Fund (Table 3) – this transfer is essential to account for the amended General Fund budget and to keep the reserve at 20% of the General Fund’s total.
Table 2: FY 2024-25 General Fund Budget Update (Details)* General Fund
FY 2024-25
Adopted Budget Amendments
FY 2024-25
Amended
Budget (as of
12/31/24)
FY 2024-25
Proposed MidYear
Adjustments
FY 2024-25
Amended
Budget
Revenue $105,908,972 $1,744,210 $107,653,182 $370,759 $108,023,941 Expenditure $109,026,752 $3,025,436 $112,052,188 $1,536,199 $113,588,386 Estimated Carry Over from
Previous FY $ 5,776,236 $5,776,236 $5,776,236
Revenue Over/(Under)
Expenditure $2,658,456 ($1,281,226) $1,377,230 ($1,165,440) $211,790 Transfer In $778,715 $778,715 $778,715
Transfer Out Other ($153,118) ($153,118) ($153,118)
Transfer Out - ISD $0 $0
Transfer Out Debt Service ($542,416) ($542,416) ($542,416) Transfer Out CIP ($3,000,000) ($3,000,000) ($3,000,000) Net Transfer (Use) ($2,916,819) ($2,916,819) ($2,916,819) FY 2024-25 Estimated
Surplus (Deficit) ($258,363) ($1,281,226) ($1,539,589) ($1,165,440) ($2,705,029) Table 3: Economic Uncertainty Fund
Total General Fund
Expenditures
Economic Uncertainty Fund
Balance
FY 2024-25 Adopted Expenditure
Budget $109,026,752 $21,843,703
FY 2024-25 Proposed Amended Budget $113,588,386 $22,717,677 Total Added to Economic Uncertainty
Fund $873,974
Council Regular Meeting, 2/4/2025, Item No. 10., Item Page 5, Packet Page 57 №10/24
As shown in Table 4 below, the total expected increases in General Fund Revenues are $370,759. While we expect the revenue trends to stay strong throughout the remainder of the fiscal year, we are, as always, cautious about the results. As mentioned previously in the report, the City’s key financial sources are stable, but we must continue to monitor these closely. As such, the City is taking a moderate position with regards to revenues and only adjusting the revenue budget to reflect reimbursement from State agencies for firefighting services.
Table 4: General Fund FY 2024-25 Budget Amendment (Details) Title Amended Budget
FY 2024-25
Proposed MidYear
Adjustments
FY 2024-25
Amended Budget
PROPERTY TAXES $15,795,810 $15,795,810
SALES TAX $15,748,711 $15,748,711
TRANSIENT OCCUPANCY TAXES $30,250,000 $30,250,000
BUSINESS LICENSE $4,800,000 $4,800,000
UTILITY USERS TAXES $4,997,218 $4,997,218
FRANCHISE FEES $2,765,500 $2,765,500
OTHER TAXES $528,214 $528,214
LICENSES & PERMITS $2,015,320 $2,015,320
FINES & FORFEITURES $257,000 $257,000
INTERGOVERNMENTAL $3,915,860 $370,759 $4,286,619
INTEREST $1,630,947 $1,630,947
RENTS $2,828,329 $2,828,329
FEES & CHARGES $20,800,412 $20,800,412
OTHER REVENUES $1,319,862 $1,319,862
TOTAL REVENUE $107,653,182 $370,759 $108,023,941
As shown in Table 5.1 and 5.2, the total expected increase in expenditures is $1,536,199. This is spread throughout several of the City’s departments:
Table 5.1: General Fund Expenditures Amendment Overview Department Name
Amended
Budget
Table 3: FY
2024-25
Proposed MidYear
Adjustments
FY 2024-25
Amended Budget
MAYOR/COUNCIL $243,211 $0 $243,211
CITY MANAGER $2,528,194 $0 $2,528,194
CITY ATTORNEY $1,425,342 $0 $1,425,342
HUMAN RESOURCES $1,534,691 $0 $1,534,691
FINANCE $4,352,475 $0 $4,352,475
POLICE $25,371,783 $7,500 $25,379,283
FIRE $31,021,190 $641,099 $31,662,289
PUBLIC WORKS $9,439,023 $416,744 $9,855,768
COMMUNITY DEVELOPMENT $9,802,361 $0 $9,802,361
PARKS AND RECREATION $16,680,040 $434,000 $17,114,040
LIBRARY $3,680,824 $0 $3,680,824
CONFERENCE CENTER $5,491,932 $36,856 $5,528,787
NON-DEPARTMENTAL $481,121 $0 $481,121
TOTAL EXPENDITURES $112,052,188 $1,536,199 $113,588,386 Council Regular Meeting, 2/4/2025, Item No. 10., Item Page 6, Packet Page 58 №10/24
Table 5.2: General Fund Expenditures Amendment Details
Title
FY 2024-25
Adopted
Budget
Budget
Amendments
FY 2024-25
Amended
Budget
FY 2024-25
Proposed MidYear
Adjustments
FY 2024-25
Amended
Budget
MAYOR/COUNCIL $243,211 $243,211 $0 $243,211
CITY MANAGER $2,511,394 $16,800 $2,528,194 $0 $2,528,194 CITY ATTORNEY $1,425,342 $1,425,342 $0 $1,425,342
HUMAN RESOURCES $1,484,691 $50,000 $1,534,691 $0 $1,534,691 FINANCE $4,321,265 $31,211 $4,352,475 $0 $4,352,475
POLICE $25,244,523 $127,261 $25,371,783 $7,500 $25,379,283 FIRE $30,808,816 $212,375 $31,021,190 $641,099 $31,662,289 PUBLIC WORKS $9,187,985 $251,038 $9,439,023 $416,744 $9,855,768
COMMUNITY
DEVELOPMENT $7,802,742 $1,999,619 $9,802,361 $0 $9,802,361 PARKS AND RECREATION $16,411,245 $268,795 $16,680,040 $434,000 $17,114,040 LIBRARY $3,664,742 $16,083 $3,680,824 $0 $3,680,824
CONFERENCE CENTER $5,444,270 $47,662 $5,491,932 $36,856 $5,528,787 NON-DEPARTMENTAL $476,528 $4,593 $481,121 $481,121
TOTAL EXPENDITURES $109,026,752 $3,025,436 $112,052,188 $1,536,199 $113,588,386 Position Control List (PCL)
During the fiscal year to date, two positions were adjusted due to attrition and the PCL is being adjusted to reflect those changes. In the Public Works Department, an Administrative Analyst position was underfilled with a Management Analyst. In the Finance Department, the Executive Assistant position is being replaced with Administrative Assistant, as the Executive Assistant position is being phased out Citywide through promotions and attrition. The attached updated Position Control List reflects those staff adjustments. There is no cost increase associated with the proposed changes.
RTK
Attachments: 1. Resolution
2. Exhibit A – Full Listing of Requested Amendments by Account
3. Exhibit B – Updated FY 2024-25 Position Control List 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, 2/4/2025, Item No. 10., Item Page 7, Packet Page 59 RESOLUTION NO. __-___ C.S.
A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№011/24
AMENDING RESOLUTION 24-138 AUTHORIZING CHANGES TO THE FISCAL YEAR 2024- 25 BUDGET TO INCREASE REVENUES AND EXPENDITURES IN THE GENERAL FUND
AND OTHER FUNDS, DESIGNATE FUNDS INTO THE ECONOMIC UNCERTAINTY
RESERVE, AND UPDATE THE POSITION CONTROL LIST
WHEREAS, the City Council adopted Resolution 24-098 on June 4, 2024 to establish the City’s FY 2024-25 Operating Budget and Position Control List, which has been amended and restated in resolution 24-138;
WHEREAS, FY 2023-24 and FY 2024-25 updates were summarized and presented to Council;
WHEREAS, budget adjustments are proposed to reflect information known since the budget was adopted; and
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines”), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.
Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
NOW, THEREFORE, BE IT 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 authorizes the Finance Director to:
1. Amend Resolution 24-138 authorizing changes to the Fiscal Year 2024-25 Budget as itemized in Exhibit A (attached hereto).
2. Designate $873,974 into the Economic Uncertainty Reserve.
3. Amend Resolution 24-138 authorizing changes to the Position Control List, as reflected in Exhibit B (attached hereto).
Council Regular Meeting, 2/4/2025, Item No. 10., Item Page 8, Packet Page 60 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, 2/4/2025, Item No. 10., Item Page 9, Packet Page 61 Exhibit A
General Fund Department Account Account Number Revenue Expenses 101 Police Department Small Equipment 101-210-2120-0000-4212 $ 7,500 Fire Department State Reimbursement 101-250-2530-3490 $ 317,697 Fire Department Fire Service Charges 101-250-2530-3640 $ 41,402 Fire Department Overtime 101-250-2530-0000-4102 $ 317,697 Fire Department Overtime 101-250-2530-0000-4102 $ 41,402 Fire Department State Reimbursement 101-250-2530-3490 $ 11,660 Fire Department Special Supplies 101-250-2530-SCBA-4253 $ 20,000 Fire Department Service Contracts 101-250-2530-COMM-4238 $ 20,000 Fire Department Safety Equipment 101-250-2530-SAFQ-4204 $ 20,000 Fire Department Operating Supplies 101-250-2540-0000-4205 $ 42,000 Fire Department Overtime 101-250-2530-000H-4102 $ 165,000 Fire Department Overtime - Call back pay 101-250-2530-0000-4108 $ 15,000 Public Works Department Professional Services 101-310-3121-0000-4240 $ 100,000 Public Works Department Contractual Services 101-310-3121-0000-4220 $ 50,000 Public Works Department Equipment Outlay-Buildings 101-310-3152-0000-4504 $ 90,000 Public Works Department Contractual Services 101-310-3152-0000-4220 $ 105,647 Public Works Department Chemical Supplies 101-500-5189-0000-4210 $ 39,550 Public Works Department Labor Reimbursement 101-310-3152-0000-4199 $ 31,547 Parks & Recreation Department Merchant Service Fees 101-500-5110-0000-4241 $ 12,000 Parks & Recreation Department Salaries - Part Time Temporary 101-500-5121-0000-4103 $ 30,000 Parks & Recreation Department Utilities 101-500-5121-0000-4211 $ 16,000 Parks & Recreation Department Salaries - Part Time Temporary 101-500-5122-0000-4103 $ 4,000 Parks & Recreation Department Utilities 101-500-5122-0000-4211 $ 2,000 Parks & Recreation Department Salaries - Part Time Temporary 101-500-5124-0000-4103 $ 20,000 Parks & Recreation Department Utilities 101-500-5124-0000-4211 $ 7,000 Parks & Recreation Department Salaries - Part Time Temporary 101-500-5130-0000-4103 $ 25,000 Parks & Recreation Department Fringe Benefits 101-500-5130-0000-4150 $ 21,000 Parks & Recreation Department Utilities 101-500-5180-0000-4211 $ 109,000 Parks & Recreation Department Utilities 101-500-5210-0000-4211 $ 135,000 Parks & Recreation Department Utilities 101-500-5220-0000-4211 $ 53,000 Conference Center Division Contractual Services 101-600-6234-0000-4220 $ 26,912 Conference Center Division Contractual Services 101-600-6231-0000-4220 $ 9,943 $ 370,759 $ 1,536,199
Special Revenue and Enterprise Funds
Fund Number Fund Title Account Account Number Revenue Expenses 600 Marina Fund Contractual Services 600-310-3320-0000-4220 $ 73,955 625 Parking Fund Professional Services 625-310-3510-0000-4240 $ 90,000 625 Parking Fund Contributions 625-310-3510-3870 $ 26,109 650 Presidio Labor Reimbursement 650-310-3152-0000-4199 $ (31,547) 807 Tidelands Contractual Services 807-310-3420-0000-4220 $ 36,729 708 Vehicle Maintenance Equip/Vehicle Replacement 708-250-2530-0000-4601 $ 11,660
EXHIBIT A
Council Regular Meeting, 2/4/2025, Item No. 10., Item Page 10, Packet Page 62 CITY MANAGER DEPARTMENT Administration
Community
Resources/
Education City Clerk Total Allocation
Fund 101 0210 0211 0321
1.00 1.00
1.00 1.00 2.00
0.83 0.83
1.00 1.00
Management Analyst 1.00 1.00
1.00 1.00
Total City Manager Dept 3.83 1.00 2.00 6.83
Conference Center Administration Sales
Event
Operations Maintenance Total Allocation
Fund 101 6210 6220 6231 6232
Administrative Assistant 1.00 1.00
1.00 1.00
Custodian 1.75 1.75
1.00 1.00
Event Coordinator 2.00 2.00
2.50 2.50
Operations Coordinator 1.00 1.00
1.00 1.00
Senior Facility Attendant 1.00 1.00
HVAC Senior Tech 1.00 1.00
Total Conference Center 2.00 1.00 9.25 1.00 13.25
INFORMATION RESOURCES
DEPARTMENT
Information
Resources Total Allocation
Fund 710 0340
1.00 1.00
0.17 0.17
1.00 1.00
1.00 1.00
2.00 2.00
Senior Information Tech Specialist 1.00 1.00
IT Application Engineer II 3.00 3.00
1.00 1.00
Administrative Assistant 0.75 0.75
Total Information Services Dept 10.92 10.92
CITY ATTORNEY DEPARTMENT
City Attorney
Administration Total Allocation
Fund 101 0500
1.00 1.00
1.00 1.00
1.00 1.00
1.00 1.00
Total City Attorney Dept 4.00 4.00
HUMAN RESOURCES Administration (1)
Workers' Comp/
Employee
Benefits(2) Total Allocation
Fund 101(1)/715(2) 0600 0612
1.00 1.00 2.00
Human Resources Assistant 1.00 1.00
Assistant HR Director 0.50 0.50 1.00
0.75 0.25 1.00
Human Resources Specialist 2.00 2.00
Total Human Resources Dept 5.25 1.75 7.00
FINANCE DEPARTMENT Finance (1) Revenue Accounting Revenue(2) Risk
Management (3) Total Allocation
Fund 101(1)/807(2)/716(3) 1110 1120 1130 1120 1143
City Attorney
Deputy City Attorney
Legal Secretary
Human Resources Analyst
Human Resources Director
Assistant City Manager
GEO Info System (GIS) Coordinator
Network Engineer II
Information Technology Specialist
Systems & Network Administrator
Assistant City Attorney
City Clerk
Conference Center General Mgr
Sales Coordinator
Facility Attendant
Operations Supervisor
Chief Information Officer
AMENDED POSITION CONTROL LIST
FISCAL YEAR 2024-25
Communications Manager
Administrative Assistant
Assistant City Manager
City Manager
EXHIBIT B
Council Regular Meeting, 2/4/2025, Item No. 10., Item Page 11, Packet Page 63
1.00 3.50 4.50
Accounting Assistant 1.00 1.00
1.70 2.00 0.30 4.00
Administrative Assistant 1.00 1.00
1.00 1.00
Business License Inspector 1.00 1.00
0.00 1.00 1.00
0.75 0.25 1.00
Finance Manager 1.00 1.00 2.00
Purchasing Analyst 1.00 1.00
Risk Specialist 1.00 1.00
Risk Manager 1.00 1.00
Total Finance Dept 1.75 5.70 9.50 0.30 2.25 19.50
POLICE DEPARTMENT Administration Field Operations Support Investigations/
Community
Services Total Allocation
Fund 101 2110 2120 2130 2140
Assistant Police Chief 1.00 1.00
Homeless Navigator 1.00 1.00
1.00 1.00
Police Officer 36.00 5.00 41.00
7.00 2.00 9.00
2.00 1.00 3.00
Community Service Officer 2.00 2.00
1.00 2.00 3.00
Police Services Technician 8.00 8.00
1.00 1.00
1.00 1.00
3.00 3.00
Total Police Dept 5.00 47.00 14.00 8.00 74.00
FIRE DEPARTMENT Administration
Fire Prevention
& Emerg.
Preparedness Fire Operations Fire Training Total Allocation Fund 101 2510 2520 2530 2540
2.00 2.00
Administrative Assistant 1.00 1.00
1.00 1.00
Fire Inspector II 1.00 1.00
1.00 1.00
1.00 1.00
3.00 1.00 4.00
Fire Captain 21.00 21.00
24.00 24.00
33.00 33.00
1.00 1.00
Total Fire Dept 6.00 2.00 81.00 1.00 90.00
PUBLIC WORKS DEPARTMENT Administration(1)
Neighborhood
Improvement
Fund Admin(2)
Presidio Maint.
Admin(3) Total Allocation
Fund 101(1)/216(2)/650(3) 3110 3110 3110
1.00 1.00
Accounting Assistant 1.00 1.00
Management Analyst 1.00 1.00
0.50 0.10 0.60
0.10 0.10
Senior Engineer 1.00 1.00
1.00 1.00
1.00 1.00
1.00 1.00
Total Administration 4.50 1.00 2.20 7.70
Engineering Engineering(1)
Sewer Line
MaintenanceEngineering(2)Storm Drain
Engineering(3)
Presidio Proj
Engineering &
Admin(4) Total Allocation
Fund 101(1)/279(2)/280(3)/650(4) 3121 3121 3121 3159
Senior Administrative Analyst
Public Works Director
Senior Adminstrative Analyst
Accounting Specialist
Deputy PW Director/Admin
Deputy PW Director/City Engineer
Executive Assistant
Fire Chief
Fire Prevention Technician
Deputy Fire Marshal
Division Chief
Fire Engineer
Firefighter
Police Lieutenant
Police Services Assistant
Police Records/Detention Supervisor
Senior Administrative Analyst
Senior Police Services Technician
Assistant Fire Chief
Accounting Specialist
Assistant Finance Director
Finance Analyst
Finance Director
Police Chief
Police Sergeant
Accountant/Auditor
EXHIBIT B
Council Regular Meeting, 2/4/2025, Item No. 10., Item Page 12, Packet Page 64
2.00 2.00
2.85 0.15 2.00 5.00
1.00 1.00
0.50 0.20 0.20 0.90
1.00 1.00
1.00 1.00
1.00 1.00
Engineering Project Manager 2.00 1.00 3.00
1.00 1.00
2.40 0.30 0.30 3.00
Senior Project Manager 1.00 1.00 2.00
1.00 1.00
1.00 0.42 0.58 2.00
0.14 0.86 1.00
Total Engineering 17.75 1.21 1.94 4.00 24.90
Vehicle Management -Mechanical Mechanical Total Allocation Fund 708 3154
5.00 5.00
Administrative Assistant 1.00 1.00
1.00 1.00
1.00 1.00
1.00 1.00
Total Vehicle Mgmt.-Mechanical 9.00 0.00 0.00 0.00 9.00 Building Maintenance
Building
Maintenance(1)
Presidio Maint.
Bldgs(2)
Presidio Camp
Roberts(2)
Presidio Naval
Research(2) Total Allocation
Fund 101(1)/650(2) 3152 3152 3163 3164
1.00 13.00 1.00 1.00 16.00
1.00 3.00 4.00
0.15 0.85 1.00
0.25 0.75 1.00
1.00 1.00
4.00 4.00
1.00 2.00 1.00 4.00
1.00 1.00 1.00 3.00
1.00 1.00
General Srvc Field Oper Manager 0.25 0.75 1.00
1.00 1.00
3.00 1.00 4.00
1.00 5.00 6.00
1.00 1.00
1.00 1.00
Building Maintenance 5.65 37.35 4.00 2.00 49.00
Streets/Sewer/Stormdrain
Maintenance Maintenance(1)
Presidio Maint.
Streets(2)
Sewer
Maintenance(3)
Storm Drain
Maintenance(4) Total Allocation
Fund 101(1)/650(2)/279(3)/280(4) 3151 3151 3153 3155
0.30 0.20 0.30 0.20 1.00
0.49 0.40 0.11 1.00
1.00 2.00 1.00 4.00
1.00 1.00
0.74 1.13 0.13 2.00
2.00 1.00 2.00 1.00 6.00
1.00 1.00 2.00
Total Streets 6.53 2.33 5.83 2.31 17.00
Custodial Services Custodial Total Allocation
Fund 101 3172
7.00 7.00
Lead Custodian 1.00 1.00
2.00 2.00
Total Custodial Services 10.00 0.00 0.00 0.00 0.00 0.00 10.00 Marina/Harbor Administration(1) Maintenance(1) Security(1) Administration(2) Maintenance(2) Security(2) Total Allocation Fund 600(1)/807(2) 3310 3320 3330 3410 3420/3440 3430
0.50 0.50 1.00
Street Maintenance Leadworker
Street Maintenance Worker
Street & Utilities Supervisor
Custodian
Senior Custodian
Harbormaster
Senior Locksmith
Senior Parts Clerk
Streets & Utilities Operations Manage
Administrative Assistant
Senior Street Maintenance Worker
Sign Craftsworker
Building Maintenance Supervisor
Building Maintenance Worker
Facilities Maintenance Coordinator
Historic Facilities Sr. Craftsworker
HVAC Senior Technician
Senior Craftsworker
Building Maintenance Craftsworker
Electrician
General Srvc Superintendent
Admin Services Technician
Administrative Analyst
Administrative Assistant
Environmental Reg. Analyst
Environmental Reg. Manager
Automotive Mechanic
Parts Clerk
Fleet Manager
Lead Mechanic
Engineering Assistant II
Engineering Technician
Engineering Programs Analyst
Public Works Inspector
Senior Engineer
Senior Public Works Inspector
Administrative Assistant
Associate Civil Engineer
City Traffic Engineer
Deputy PW Director/City Engineer
EXHIBIT B
Council Regular Meeting, 2/4/2025, Item No. 10., Item Page 13, Packet Page 65 Harbor Coordinator 1.00 1.00 2.00
1.50 1.50
0.80 0.20 1.00
0.10 0.10 0.20
1.50 1.50 3.00
2.77 0.98 3.75
Total Marina/Harbor 2.40 1.50 2.77 1.80 3.00 0.98 12.45 Parking Administration Enforcement Maintenance Parking Services Total Allocation Fund 625 3510 3520 3530 3540
2.75 2.75
1.00 1.00
0.75 0.75
Assistant Parking Superintendent 1.00 1.00
1.00 1.00
0.20 0.20
8.00 8.00
1.00 1.00
1.00 1.00
2.00 2.00
1.00 1.00
1.00 1.00
4.00 4.00
0.50 0.50 1.00
4.50 4.50
1.00 1.00
1.00 1.00
Total Parking 7.20 10.00 9.00 6.00 32.20
Community Development Department Planning
Building Safety
& Inspection Total Allocation
Fund 101 4400 4410
2.00 1.75 3.75
Accountant/Auditor 0.50 0.50
Assistant Planner 1.00 1.00
0.60 0.60
2.00 2.00
3.00 3.00
1.00 1.00
1.00 1.00
1.00 1.00
Planning Manager 1.00 1.00
1.00 1.00
1.00 1.00
1.00 1.00
1.00 1.00
1.00 1.00
Total Community Development 13.10 6.75 19.85
Housing & Property Management Property Mgmt(1) Property Mgmt(2) Housing
Admin(1) Housing Admin(3)
Housing
Admin(4)
Housing
Projects(4) Total Allocation
Fund 101(1)/807(2)/268(3)/270(4)/274(5) 4300 4300 4305 4305 4305 4310
0.15 0.85 0.50 0.25 0.25 2.00
0.10 0.30 0.40
3.00 3.00
Housing Manager 1.00 1.00
Property Technician 1.00 1.00
0.15 0.85 1.00
Total Housing & Property Mgmt 1.40 2.00 4.50 0.00 0.25 0.25 8.40 Parks & Recreation Department Administration Total Allocation Recreation
Fund 101 5110
1.00 1.00
Management Analyst I 0.34 0.34
0.34 0.34
1.00 1.00
Recreation Supervisor 1.00 1.00
Property Manager
Administrative Assistant
Parks & Rec Director
Recreation Manager
Chief Of Inspct Srvc/Bldg Off.
Senior Building Inspector
Inspector
Administrative Assistant
Community Development Director
HCD Coordinator - Projects/Prgm.
Senior Associate Planner
Code Compliance Coordinator
Sustainability Manager
Sustainability Assistant
Plans Examiner
Building Technician
Parking Services Representative
Parking Services Specialist
Senior Parking Controls Technician
Administrative Assistant
Community Development Director
Principal Planner
Senior Parking Enforcement Off.
Parking Controls Technician
Parking Maintenance Supervisor
Parking Maintenance Leadworker
Parking Maintenance Worker
Parking Services Coordinator
Accounting Specialist
Administrative Assistant
Parking Superintendent
Deputy PW Director/Admin
Parking Enforcement Officer
Parking Enforcement Supervisor
Facility Attendant (RPT)
Marina Harbor Assistant
Deputy PW Director/Admin
Harbor Maintenance Craftsworker
Harbor Security Worker
Accounting Assistant
EXHIBIT B
Council Regular Meeting, 2/4/2025, Item No. 10., Item Page 14, Packet Page 66 Total Recreation 3.68 3.68
Recreation Centers
El Estero Park
Center
Scholze Park
Center
Hilltop Park
Center
Special Programs
& Events Sports Total Allocation
Fund 101 5121 5122 5124 5130 5160
1.00 1.00 1.00 3.00
Sports Coordinator 1.00 1.00
Lead Preschool Instructor 0.75 0.75
0.50 1.00 0.50 2.00
Total Centers 1.50 1.00 1.75 1.00 1.50 6.75
Monterey Sports Center Operations Maintenance Total Allocation Fund 101 5180 5189
1.00 1.00
1.00 1.00
2.00 2.00
Fitness Supervisor 1.00 1.00
Guest Service Specialist 1.00 1.00
Management Analyst I 0.33 0.33
0.33 0.33
1.00 1.00
Sports Coordinator 1.00 1.00
1.00 1.00
1.00 1.00
Total Sports Center 8.66 2.00 10.66
Parks Maintenance(1)
Presidio
Maintenance(2)
Street
Maintenance
District(3)
Vets Park / Urban
Forestry(1) Cemetery (4) Parking (5) Total Allocation
Fund 101(1)/650(2)261-262(3)610(4)625(5) 5210 3210 5210 5220/5230 5240 5210
0.70 0.25 0.05 1.00
Management Analyst I 0.33 0.33
1.00 1.00
1.00 1.00
Park Maintenance Leadworker 2.00 2.00
1.00 1.00
Park Maintenance Worker 10.10 0.40 0.50 1.00 12.00
0.80 0.03 0.15 0.02 1.00
0.33 0.33
2.00 2.00
0.50 1.50 2.00
Greenbelt Coordinator 1.00 1.00
1.00 1.00
1.00 1.00
Total Parks 18.26 0.53 0.40 3.90 2.57 1.00 26.66
Museum Administration Total Allocation
Fund 101 5610
Artifact Specialist 0.75 0.75
0.25 0.25
Total Museum 1.00 1.00
LIBRARY Administration (1)
Reference
Services (1) Total Allocation
Fund 101(1)/810(2) 5510 5530
0.75 0.75
Assistant Library Director 1.00 1.00
1.00 1.00
0.75 0.75
4.50 4.50
1.00 1.00
4.00 4.00
1.00 1.00
Total Library 2.75 11.25 14.00
GRAND TOTAL 152.13 135.37 148.14 31.31 9.57 2.23 478.75 Library Manager
Administrative Assistant
Library Director
Library Assistant I
Library Assistant II
Technology Services Mgr
Librarian
Parks & Rec Director
Senior Park Maintenance Worker
Assistant Urban Forester
Cemetery Coordinator
Cemetery Maintenance Worker
Administrative Assistant
Senior Craftsworker
Admin Services Technician
Park Attendant
Park Maintenance Craftsworker
Park Maintenance Supervisor
Park Operations Manager
Administrative Assistant
Aquatics Coordinator
Facility Coordinator
Parks & Rec Director
Sports Center Manager
Building Maintenance Craftsworker
Recreation Coordinator
Recreation Specialist
EXHIBIT B
Council Regular Meeting, 2/4/2025, Item No. 10., Item Page 15, Packet Page 67 Council
Agenda Report
FROM: Christine Davi, City Attorney
SUBJECT: Conference with Legal Counsel,
(A.) Existing Litigation pursuant to Government Code section 54956.9(d)(1):
1. City of Monterey v. Marianne McNicol (Monterey County Superior Court Case No. 23CV001205)
2. City of Monterey v. Leslie J. Flores, Trustee (Monterey County Superior Court Case No. 24CV000750)
3. City of Monterey v. Paul Soares (Monterey County Superior Court Case No. 24 CV 002533)
4. Paul Soares v. City of Monterey (United States District Court, Northern District of California Case No. 24-CV-05131-EJD)
5. Ashley Ellcessor v. City of Monterey (Monterey County Superior Court Case No. 24CV000649)
6. Bryce Hovannisian v. City of Monterey (Monterey County Superior Court Case No. 24CV003703
7. Francisca Moralez v. City of Monterey et al. (United States District Court Northern District of California Case No. 22-CV-07540)
8. Richard Rosendale v. City of Monterey (Monterey County Superior Court Case No. 23CV000879)
9. Ronald Rogers v. City of Monterey (Monterey County Superior Court Case No. 23CV003206)
10. Pacific Western Bank v. City and Stronghold Engineering, Inc. (San Bernardino Superior Court Case No. CIVSB2212212; Fourth District Court of Appeal Case No. E082907)
11. Stronghold Engineering, Inc. v. City of Monterey (Santa Clara County Superior Court Case No. 18CV329015; Sixth District Court of Appeal Case No. H050157; Supreme Court of California Case No. S283051)
12. Stronghold Engineering, Inc. v City of Monterey (Riverside County Superior Court Case No. CVR12103427; Fourth District Court of Appeal, Division 2, Case No. E080304; Fourth District Court of Appeal, Division 1, Case No. D082763)
13. Save Tarpy Flats v. City of Monterey (Monterey County Superior Court Case No. 24 CV005125)
Date: 2/4/2025
Item No.: 12.
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 1, Packet Page 68 (B.) Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2), (e)(3): Precision Grade, Inc.
Claim dated August 12, 2024
(Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) -- continued from January 21, 2025 Council Regular Meeting
Attachment: Claim
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 2, Packet Page 69
NOTICE OF CLAIM
[Government Code§ 900, et seq.]
TO: City of Monterey, Department of Public Works
580 Pacific Street, Rm. 6
Monterey, CA 93940
City of Monterey, Office of the City Attorney
512 Pierce Street
Monterey, CA 93940
FROM: Precision Grade, Inc.
25 San Juan Grade Road, Suite 150
Salinas, CA 93906
PROJECT: Marina Parking Lot Rehabilitation & Improvement Project; CIP 2005; DIR NUMBER 494016; Construction PO Number 45176.
1. This Notice of Claim is presented by Precision Grade, Inc. ("Precision"), whose mailing address is 25 San Juan Grade Road, Suite 150, Salinas, CA 93906
2. All notices in response to this Notice of Claim are to be sent to Scott A. Mangum, Esq., and William M. Kaufman, Esq., Sweeney Mason LLP, 983 University Ave., Suite 104C, Los Gatos, CA 95032.
3. Pursuant to the Construction Contract between the City of Monterey (the "City") and Precision dated December 2, 2022 ("Contract"), Precision served as the general contractor for the Project referenced above ("Project"). The original contract price under the Contract was $3,248,666 plus up to 15% for contingencies, and contract completion set to be one hundred twenty (120) working days from the effective date of the Notice to Proceed, which was issued on January 9, 2023. The original contract price was later amended to increase the total contract amount to $4,185,966.
4. Precision's claim is generally stated as follows:
Precision entered into the Contract with the City to provide labor, materials and equipment for the Project, whose work is to be set out in the Plans and Specifications on file with the City. A copy of the first page of the executed Contract, which includes the contract amount, is attached as Exhibit "A".
The original contract price under the Contract was $3,248,666 plus up to 15% for contingencies. This amount was subsequently increased to $4,185,966.00 pursuant to an amendment executed on November 30, 2023. A copy of the Amendment is attached as Exhibit "B."
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 3, Packet Page 70 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 4, Packet Page 71 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 5, Packet Page 72 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 6, Packet Page 73
EXHIBIT A
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 7, Packet Page 74 T00012-CA (v. 2.4 – 3/18/2022)
P U B L I C W O R K S C O N T R A C T (Formal Bid)
Marina Parking Lot Improvement Project (CIP2005)
THIS AGREEMENT, hereinafter referred to as the “Agreement”, made and entered into this date:
______________________________________________________, by and between the CITY OF MONTEREY, a municipal corporation, hereinafter referred to as the "City", and PRECISION GRADE, INC., hereinafter referred to as the "Contractor";
W I T N E S S E T H:
WHEREAS, the Council of the City has awarded a contract to the Contractor for performing the work hereinafter described in accordance with the City’s Plans and Specifications and Contractor’s sealed proposal; NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. SCOPE OF WORK. The Contractor shall perform all of the work and furnish all labor, materials, equipment and transportation necessary for the Marina Parking Lot Improvement Project. Work is to be as set out in the Plans and Specifications on file in the Office of the City Engineer and as in the Contractor’s Proposal attached hereto, dated October 11, 2022, in the amount of Three Million Two Hundred Forty Eight Thousand Six Hundred Sixty Six Dollars ($3,248,666) plus a sum of up to 15% for such contingencies as the City Manager, or his designee, deems appropriate.
2. TIME OF PERFORMANCE. The work under this contract shall commence within fourteen (14) calendar days from the effective date of the Notice to Proceed and shall be completed on or before the expiration of one hundred twenty (120) working days from the effective date of the Notice to Proceed.
3. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.
4. Contractor agrees that in the performance of this Agreement, it will comply with all applicable state, federal and local laws, codes and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the City of Monterey.
5. In accordance with the provisions of Sections 1725.5, 1771.1, 1771.3, and 1771.4 of the Labor Code, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined by that chapter of the Labor Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
6. The Monterey City Council awarded this contract on November 1, 2022 by Resolution 22-142 C.S.
7. This Agreement shall consist of this Public Works Contract document and the following items, all of which are on file in the office of the City Clerk and are incorporated herein and made a part hereof by reference:
A. Plans and Specifications E. Non-Collusion Declaration B. Accepted Proposal F. Debarment and Suspension Certification C. Performance Bond G. Certification(s) of Good Faith Effort to Hire D. Payment Bond (labor and materials) Local Residents
IN WITNESS WHEREOF, said Contractor and said City have hereunto set their hands, all on the day and year first above written.
ATTEST: CITY OF MONTEREY: PRECISION GRADE, INC.:
By: By: By:
City Clerk City Manager, or his designee Carlos Garcia, President Agreement #: Ag-11277 - Page 1 of 311
DocuSign Envelope ID: 7D89AD19-5860-4537-9BCD-7239848F10CF 12/2/2022 | 1:31 PM PST
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 8, Packet Page 75
EXHIBIT B
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 9, Packet Page 76 T00002-CA (v. 2.1 – 1/11/2021)
1 st AMENDMENT TO PUBLIC WORKS CONTRACT FOR THE MARINA PARKING LOT
IMPROVEMENT PROJECT
-
The Public Works Contract for the Marina Parking Lot Improvement Project (“Agreement”) entered into on December 2, 2022, by and between PRECISION GRADE, INC. (hereinafter “CONTRACTOR”), and the CITY OF MONTEREY (hereinafter “City”), is hereby amended as follows:
1. Paragraph 1 is amended to increase the not-to-exceed amount by $450,000, from Three Million Seven Hundred Thirty Five Thousand Nine Hundred Sixty Six Dollars ($3,735,966) to Four Million One Hundred Eighty Five Thousand Nine Hundred Sixty Six Dollars ($4,185,966), as authorized by the Monterey City Council on October 17, 2023 pursuant to Resolution 23-118 C.S.; and
2. All other terms and conditions of the Agreement shall remain unchanged.
This Amendment is entered into on this date: __________________________________ in Monterey, California.
CITY OF MONTEREY PRECISION GRADE, INC.
By:_
__________________________ __________________________
Hans Uslar, City Manager Authorized Signature
__________________________ __________________________
Date Signed Date Signed
__________________________
Print Name
__________________________
Title
Agreement #: Ag-11277 - Page 1 of 1
DocuSign Envelope ID: 019EA253-B44E-4993-8E6E-E775BF12C293 Carlos Garcia
11/30/2023 | 3:06 PM PST
President
11/30/2023 | 3:19 PM PST
November 30, 2023
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 10, Packet Page 77
EXHIBIT C
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 11, Packet Page 78 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 12, Packet Page 79 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 13, Packet Page 80 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 14, Packet Page 81 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 15, Packet Page 82 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 16, Packet Page 83 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 17, Packet Page 84 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 18, Packet Page 85 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 19, Packet Page 86 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 20, Packet Page 87 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 21, Packet Page 88 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 22, Packet Page 89 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 23, Packet Page 90 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 24, Packet Page 91 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 25, Packet Page 92
EXHIBIT D
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 26, Packet Page 93 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 27, Packet Page 94 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 28, Packet Page 95 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 29, Packet Page 96 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 30, Packet Page 97 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 31, Packet Page 98 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 32, Packet Page 99 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 33, Packet Page 100 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 34, Packet Page 101 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 35, Packet Page 102 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 36, Packet Page 103 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 37, Packet Page 104 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 38, Packet Page 105 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 39, Packet Page 106 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 40, Packet Page 107 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 41, Packet Page 108 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 42, Packet Page 109 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 43, Packet Page 110 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 44, Packet Page 111 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 45, Packet Page 112 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 46, Packet Page 113 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 47, Packet Page 114 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 48, Packet Page 115 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 49, Packet Page 116 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 50, Packet Page 117 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 51, Packet Page 118 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 52, Packet Page 119 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 53, Packet Page 120 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 54, Packet Page 121
EXHIBIT E
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 55, Packet Page 122 3/25/24, 6:58 AM Mail - Monica Molina - Outlook
https://outlook.office.com/mail/inbox/id/AAQkADIwYmFlY2Q5LTIyNWItNDZmZS1iODk1LTVjNjA0N2UyMDllMAAQAL6T5p3BzpNAtctTNV0LCOU%3D… 1/3 Fw: Marina Parking lot Improvements - Bid Item 9 & 10
Carlos Garcia <[email protected]>
Sun 3/24/2024 9:14 PM
To:Monica Molina <[email protected]>
2 attachments (458 KB)
Bid Item #9 Sheet.pdf; Bid Item #10 sheet.pdf;
Thank you,
Carlos Garcia
President
Precision Grade Inc
P: 831-800-1602| F: 831-623-1002 | C: 831-269-9397
From: Pablo Cruz Serrato <[email protected]>
Sent: Tuesday, October 24, 2023 1:22 PM
To: Jeff Ray <[email protected]>
Cc: Carlos Garcia <[email protected]>; Andrew Easterling <[email protected]>; Accounting Department <[email protected]>; Max Rieser <[email protected]> Subject: Re: Marina Parking lot Improvements - Bid Item 9 & 10 Jeff,
Bid Item #9- Hot Mix Asphalt 4" Thick
Please see the attached quantity spreadsheet for bid item #9.
Asphalt Conforms: You mentioned in a previous meeting that all asphalt conforms should be included in the item for vertical curb, however in reviewing the Concrete Vertical Curb item description, there is no mention of asphalt conforms being paid under this item. In fact, the material used, description and sections for Hot Mix Asphalt match the material and sections used for the asphalt conforms. Our attached quantities include the asphalt conforms. 1" PVC Sleeves: There is no patch paving included in bid item #24 1" irrigation sleeves. Therefore, the patch paving for 1" irrigation sleeves was included in item #9 quantities (attached), as the patch paving matches the materials and sections for this item.
Bid Item #10 Class ll Aggregate Base
Bid item #10 follows the same logic as bid item #9's overrun. Attached are our quantities.
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 56, Packet Page 123 3/25/24, 6:58 AM Mail - Monica Molina - Outlook
https://outlook.office.com/mail/inbox/id/AAQkADIwYmFlY2Q5LTIyNWItNDZmZS1iODk1LTVjNjA0N2UyMDllMAAQAL6T5p3BzpNAtctTNV0LCOU%3D… 2/3 Pablo Cruz
Assistant Project Engineer
Precision Grade Inc
P: 831-800-1602| F: 831-623-1002 | C: 831-750-4833
From: Jeff Ray <[email protected]>
Sent: Thursday, October 19, 2023 3:44 PM
To: Pablo Cruz Serrato <[email protected]>
Cc: Carlos Garcia <[email protected]>; Andrew Easterling <[email protected]>; Accounting Department <[email protected]>; Max Rieser <[email protected]> Subject: Marina Parking lot Improvements - Bid Item 9 & 10 Pablo,
please provide information and location(s) (highlighted plan sheet )for your estimated over run quantities on the following bid items.
#9 Hot Mix Asphalt (4” thick, ½” Agg., Type A) Overrun of 9,552 SF. #10 Class 2 – Aggregate Base (6” thick) Overrun 7,322 Sf.
Questions let us Know.
Thank you
Jeff Ray
Senior Public Works Inspector
CITY OF MONTEREY - Public Works - Engineering
601 Wave Street, Suite #100 Monterey, CA. 93940
Office: (831) 646-3997 | Desk: (831) 242-8747 | Cell: (831) 760-2495 | E-mail: [email protected]
City of Monterey Construction This Week
City Standard Details
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 57, Packet Page 124 3/25/24, 6:58 AM Mail - Monica Molina - Outlook
https://outlook.office.com/mail/inbox/id/AAQkADIwYmFlY2Q5LTIyNWItNDZmZS1iODk1LTVjNjA0N2UyMDllMAAQAL6T5p3BzpNAtctTNV0LCOU%3D… 3/3 www.monterey.org
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 58, Packet Page 125
EXHIBIT F
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 59, Packet Page 126 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 60, Packet Page 127 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 61, Packet Page 128 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 62, Packet Page 129 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 63, Packet Page 130 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 64, Packet Page 131 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 65, Packet Page 132 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 66, Packet Page 133 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 67, Packet Page 134 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 68, Packet Page 135 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 69, Packet Page 136 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 70, Packet Page 137 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 71, Packet Page 138 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 72, Packet Page 139 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 73, Packet Page 140 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 74, Packet Page 141 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 75, Packet Page 142 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 76, Packet Page 143 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 77, Packet Page 144 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 78, Packet Page 145 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 79, Packet Page 146 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 80, Packet Page 147 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 81, Packet Page 148 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 82, Packet Page 149 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 83, Packet Page 150 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 84, Packet Page 151
EXHIBIT G
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 85, Packet Page 152 3/18/24, 11:28 AM Mail - Carlos Garcia - Outlook
https://outlook.office.com/mail/id/AAMkADM2OGFkM2Y5LWJiMDEtNDVlYy1hNzk3LWQzNDFlOWNlNGYxYwBGAAAAAABJ4FnPHj9URJTx6PHHy%… 1/2 Re: Marina Parking Lot - RFI # 7 Contaminated Soil
Antonio Hernandez <[email protected]>
Wed 1/25/2023 8:46 AM
To:Carlos Garcia <[email protected]>;Jeff Ray <[email protected]> Cc:John Seagroves <[email protected]>;Pablo Cruz Serrato <[email protected]> CarlosAs discussed yesterday, please proceed and place the material in a stock pile, cover or protect with proper BMP's. We will make arrangements to get the material tested for proper handling and disposal.
Please track the related work on Time and Material Force Account.
Thank you.
TH
Tony Hernandez
Construction Project Manager
CITY OF MONTEREY - Public Works ~ Engineering
Address: 601 Wave Street, Suite 100, Monterey CA 93940
Cell: 831.682.3606 Desk: 831.646.3923 Email: [email protected] monterey.org/construction
“Wear Masks. Save Lives. Meet the Moment for Monterey.” From: Carlos Garcia <[email protected]>
Sent: Tuesday, January 24, 2023 4:16 PM
To: Jeff Ray <[email protected]>
Cc: Antonio Hernandez <[email protected]>; John Seagroves <[email protected]>; Pablo Cruz Serrato <[email protected]>
Subject: Marina Parking Lot - RFI # 7 Contaminated Soil Jeff,
While excavating today for the extra electrical run for the future rrfb / lighting at Washington we encountered material that we believe may be contaminated. Can you please tell us how we should move forward with this material? We have isolated this material, covered it with plastic and placed a wattle around it. Please contact me with any questions.
Thank you,
Carlos Garcia
President
Precision Grade Inc
P: 831-800-1602| F: 831-623-1002 | C: 831-269-9397
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 86, Packet Page 153 3/18/24, 11:28 AM Mail - Carlos Garcia - Outlook
https://outlook.office.com/mail/id/AAMkADM2OGFkM2Y5LWJiMDEtNDVlYy1hNzk3LWQzNDFlOWNlNGYxYwBGAAAAAABJ4FnPHj9URJTx6PHHy%… 2/2 [NOTICE: This message originated outside of the City of Monterey mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] www.monterey.org
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 87, Packet Page 154 3/18/24, 11:22 AM Mail - Carlos Garcia - Outlook
https://outlook.office.com/mail/id/AAMkADM2OGFkM2Y5LWJiMDEtNDVlYy1hNzk3LWQzNDFlOWNlNGYxYwBGAAAAAABJ4FnPHj9URJTx6PHHy%… 1/1 Marina Parking Lot Improvements - PGI 22-13 RFI # 23 Contaminated Soil Carlos Garcia <[email protected]>
Fri 2/10/2023 3:27 PM
To:Jeff Ray <[email protected]>
Cc:Antonio Hernandez <[email protected]>;John Seagroves <[email protected]>;Pablo Cruz Serrato <[email protected]>;Accounting Department <[email protected]> 2 attachments (141 KB)
Marina Landfill Contaminated rate.png; Marina Landfill Rate.png; Jeff,
This afternoon we received the test results for the soil that we will begin to off haul on Monday 2/13, and they came back slightly contaminated. During bid time we bid the project to off haul clean soil to the Marina Landfill for $1.00 per ton. After providing the test results to the Marina Landfill, they responded that the soil contains diesel and motor oil and that they would charge extra for this soil, please see attached correspondence. Therefor there will be a delta that will be passed on to the City of Monterey. Please contact me with any questions regarding this matter.
Thank you,
Carlos Garcia
President
Precision Grade Inc
P: 831-800-1602| F: 831-623-1002 | C: 831-269-9397
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 88, Packet Page 155 3/18/24, 11:18 AM Mail - Carlos Garcia - Outlook
https://outlook.office.com/mail/id/AAMkADM2OGFkM2Y5LWJiMDEtNDVlYy1hNzk3LWQzNDFlOWNlNGYxYwBGAAAAAABJ4FnPHj9URJTx6PHHy%… 1/1 Contaminated Soil Results- Marina Parking Lot Improvemnets Pablo Cruz Serrato <[email protected]>
Wed 2/15/2023 1:15 PM
To:Antonio Hernandez <[email protected]>
Cc:Carlos Garcia <[email protected]>;John Seagroves <[email protected]>;[email protected] <[email protected]>
1 attachments (5 MB)
230124_07_Precision Grade_Soil_QCreport.pdf;
Tony,
Please find the attached results as requested.
Thank You,
Pablo Cruz
Assistant Project Engineer
Precision Grade Inc
P: 831-800-1602| F: 831-623-1002 | C: 831-750-4833
ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 89, Packet Page 156 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 90, Packet Page 157 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 91, Packet Page 158 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 92, Packet Page 159 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 93, Packet Page 160 ATTACHMENT 1
Council Regular Meeting, 2/4/2025, Item No. 12., Item Page 94, Packet Page 161