Pacific Grove City Council
November 5, 2025

CITY COUNCIL

SPECIAL CLOSED SESSION MEETING AGENDA
Wednesday, November 5, 2025, 5:30 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA Under the Brown Act, public comment for matters on the agenda must relate to that agenda item and public comments for matters not on the agenda must relate to the subject matter jurisdiction of this legislative body. This is a warning that if a member of the public attending this meeting remotely or in-person violates the Brown Act by failing to comply with these requirements of the Brown Act, then the Mayor or Chair may request that speaker be muted. If a member of the public attending this meeting in-person engages in disruptive behavior that disturbs the orderly conduct of the meeting, they may be removed from the meeting after a warning, pursuant to Council Policy 000-17.

PACIFIC GROVE MEETINGS ARE CONDUCTED IN PERSON AT CITY HALL COUNCIL CHAMBER AND VIRTUALLY.

PLEASE NOTE THE MEETING WILL PROCEED AS NORMAL EVEN IF THERE ARE TECHNICAL DIFFICULTIES ACCESSING ZOOM.

THE CITY WILL DO ITS BEST TO RESOLVE ANY TECHNICAL ISSUES AS QUICKLY AS POSSIBLE.

Join the Zoom Meeting to participate live at:
https://www.cityofpacificgrove.org/Zoom_Closed
Please click here for directions to dial into the meeting audio.

AGENDA

CALL TO ORDER

APPROVAL OF THE AGENDA

SPECIAL CLOSED SESSION MEETING

PUBLIC COMMENT ON SPECIAL CLOSED SESSION MEETING MATTERS Comments from the public will not receive Council action. Comments must deal with matters on the Special Meeting agenda and will be limited to three minutes.

A. Public Employee Appointment (Government Code § 54957) Title: City Attorney

ADJOURNMENT
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CITY COUNCIL

REGULAR MEETING AGENDA
Wednesday, November 5, 2025, 6:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA The Council will not begin consideration of any item on this agenda later than 10:00 p.m. unless such consideration is approved. Any items on this agenda not considered this evening will be continued to a future meeting.

Copies of the agenda packet are available for review at the Pacific Grove Library, in the Finance Department, and electronically at www.cityofpacificgrove.org/agendas. The most effective method of communication with the City Council is by sending an email to [email protected]. In order to allow the City Council adequate time to review communication related to an agenda item, it is recommended that the communication be sent no later than 9:00 AM on the day prior to the City Council meeting. Public comments received through this email address by noon on the day of the meeting will be posted with the corresponding agenda item.

Under the Brown Act, public comment for matters on the agenda must relate to that agenda item and public comments for matters not on the agenda must relate to the subject matter jurisdiction of this legislative body. This is a warning that if a member of the public attending this meeting remotely or in-person violates the Brown Act by failing to comply with these requirements of the Brown Act, then the Mayor or Chair may request that speaker be muted. If a member of the public attending this meeting in-person engages in disruptive behavior that disturbs the orderly conduct of the meeting, they may be removed from the meeting after a warning, pursuant to Council Policy 000-17.

PACIFIC GROVE COUNCIL MEETINGS ARE CONDUCTED IN PERSON AT CITY HALL COUNCIL CHAMBER AND VIRTUALLY.

PLEASE NOTE THE MEETING WILL PROCEED AS NORMAL EVEN IF THERE ARE TECHNICAL DIFFICULTIES ACCESSING ZOOM.

THE CITY WILL DO ITS BEST TO RESOLVE ANY TECHNICAL ISSUES AS QUICKLY AS POSSIBLE.

THE PUBLIC MAY ALSO VIEW THE MEETING ON PENINSULA CHANNEL 25.

JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://www.cityofpacificgrove.org/Zoom_CC
Please click here for directions to dial into the meeting audio.

AGENDA

CALL TO ORDER
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PLEDGE OF ALLEGIANCE: Councilmember Walkingstick

1. APPROVAL OF AGENDA

2. PRESENTATIONS
A. Safe Streets Together Monterey County Campaign PAGE 9 Reference: Ariana Green, Transportation Agency for Monterey County Principal Planner, Safe Routes to School Program
Recommended Action: Receive a presentation.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

3. COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only) A. Report on Closed Session by City Attorney
B. Other

4. GENERAL PUBLIC COMMENT
General Public Comment must deal with matters subject to the jurisdiction of the City and the Council that are not on the Regular Agenda. This is the appropriate place to comment as to items on the Consent Agenda, only if you do not wish to have the item pulled for individual consideration by the Council. Comments from the public will be limited to three minutes and will not receive Council action. Comments regarding items on the Regular Agenda shall be heard prior to Council’s consideration of such items at the time such items are called.

Whenever possible, written correspondence should be submitted to the Council in advance of the meeting, to provide adequate time for its consideration.

A. Written General Public Comment

CONSENT AGENDA
The Consent Agenda deals with routine and non-controversial matters, and may include action on resolutions, ordinances, or other public hearings for which testimony is not anticipated. The vote on the Consent Agenda shall apply to each item that has not been removed. Any member of Council, staff, or the public may remove an item from the Consent Agenda for individual consideration. When items are pulled for discussion, they will be automatically placed at the end of their respective section within the Regular Agenda. One motion shall be made to adopt all non-removed items on the Consent Agenda.

5. APPROVAL OF CITY COUNCIL MEETING MINUTES
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business PGCC 11-5-2025

A. Minutes of City Council October 15, 2025 Special and Regular Meetings PAGE 10 Reference: Sandra Kandell, City Clerk
Recommended Action: Approve the minutes.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
B. Minutes of the October 28, 2025 City Council Special Meeting PAGE 16 Reference: Sandra Kandell, City Clerk
Recommended Action: Approve the minutes.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

6. RESOLUTIONS
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business A. Proposed approval of a resolution establishing Council Policy 200-6M and 200-6N, and repealing Council Policies 200-6B, 200-6K, 200-6 PAGE 18 Reference: Rachel Gaither, Library Director
Recommended Action:

Approve a resolution establishing Council Policy 200-6M and 200-6N, and repealing Council Policies 200-6B, 200-6D, 200-6K.

1. 2. Alternatively, discuss and take other action.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
B. League of California Cities Voting Delegate and Alternate(s) Policy 000-029 PAGE 50 Reference: Sandra Kandell, City Clerk
Recommended Action:

Adopt a resolution amending City Council Policy 000-29 regarding League of California Cities Voting Delegate and Alternate(s);

1. Approve Policy 000-29 amending the selection of the League of California Cities Voting Delegate and Alternate(s);

2. 3. Alternatively, discuss and take other action related to this item.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
C. Allocation of available potable water from the Pacific Grove Local Water Project and the Pure Water Monterey Ground Water Replenishment Project PAGE 56 Reference: Jon Biggs, Community Development Director
Recommended Action: Staff recommends adoption of the attached resolution and notes that if changes to the allocation are desired or necessary in the future, staff can return to the City Council with a new resolution that assigns different amounts of water among the five categories.

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CEQA: Categorical Exemption, CEQA Guidelines Section 15061(b)(3)

7. ORDINANCES
Items pulled from this section will be placed under 11. Public Hearings A. Second Reading of Ordinance to Amend the Fiscal Year 25/26 Operating and Capital Improvement Budget PAGE 61
Reference: Matt Mogensen, City Manager
Recommended Action: Hold second reading and adopt an ordinance amending the operating and capital budget for the Fiscal Year 2025-26.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

8. REPORTS – INFORMATION ONLY
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business A. Monterey-Salinas Transit Minutes for September 8, 2025 PAGE 75 Reference: Joe Amelio, Mayor Pro Tem
Recommended Action: Receive minutes.

CEQA:

B. Summary of Cal Cities Conference Attendance PAGE 82
Reference: Cynthia Garfield, Councilmember
Recommended Action: Receive the report.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
C. 2025 CalCities Annual Conference Report PAGE 85
Reference: Nick Smith, Mayor
Recommended Action: Receive the report.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

9. REPORTS – REQUIRING ACTION
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business A. Approve an update to the Monterey Regional Storm Water Management Program (MRSWMP) Memorandum of Agreement (MOA) with Monterey One Water PAGE 86 Reference: George Fuerst, Environmental Program Manager Recommended Action: 1. Approve the City of Pacific Grove to execute the 2025 Monterey PGCC 11-5-2025

Recommended Action: 1. Approve the City of Pacific Grove to execute the 2025 Monterey Regional Stormwater Management Program (MRSWMP) Memorandum of Agreement (MOA) with Monterey One Water,

2. Alternatively, discuss and take other action related to this item.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
B. Police Department Building Roof Repairs PAGE 124
Reference: Daniel Gho, Public Works Director/Deputy City Manager Recommended Action:

Authorize an agreement with Premo Roofing for the removal of the existing roof and the re-roofing of the Pacific Grove Police Department building, for an amount of $58,940.00 plus a 15% contingency.

1. 2. Alternatively, discuss and take other action related to this item.

CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities C. Fire Station Alerting System PAGE 126
Reference: Daniel Gho, Public Works Director/Deputy City Manager Recommended Action:

Authorize an agreement with US Digital Designs by Honeywell International, Inc. for the purchase and installation of a new station alerting system in Fire Station 14, for an amount of $142,724.25.

1. 2. Alternatively, discuss and take other action related to this item.

CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities D. Contract Amendment No. 2 for Professional Services with Municipal Resource Group, LLC (MRG) PAGE 138
Reference: Matthew Mogensen, City Manager
Recommended Action:

Approve Amendment No. 2 to a Professional Services Agreement with Municipal Resource Group, LLC (MRG), increasing the current contract by $17,990.00 for a total not to exceed amount of $68,163.

1. 2. Alternatively, discuss and take other action related to this item.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

10. MEETING MINUTES OF COMMISSIONS, BOARDS, AND COMMITTEES Items pulled from this section will be placed under 13. New Business A. Architectural Review Board Meeting Minutes: September 9, 2025 PAGE 262 Reference: Anna Bornstein, Associate Planner
Recommended Action: Receive the minutes.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines PGCC 11-5-2025

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
B. Beautification and Natural Resources Commission Meeting Minutes: March 18, April 15, May 20, July 15, August 19, September 16, 2025 PAGE 266 Reference: George Fuerst, Environmental Program Manager Recommended Action: Receive the minutes.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
C. Diversity, Equity and Inclusion Minutes: August 11, 2025 PAGE 286 Reference: Sandra Kandell, City Clerk/DEI Coordinator
Recommended Action: Receive the minutes.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
D. Historic Resources Committee Meeting Minutes: May 28, June 25, July 23, and August 27, 2025 PAGE 289
Reference: Garrett McCown, Associate Planner
Recommended Action: Receive the minutes.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

REGULAR AGENDA

11. PUBLIC HEARINGS
For public hearings involving a quasi-judicial determination by the Council, the proponent of an item may be given 10 minutes to speak and others in support of the proponent’s position may be given three minutes each. A designated spokesperson for opposition to the item may be given 10 minutes to speak and all others in opposition may be given three minutes each. Very brief rebuttal and surrebuttal may be allowed in the sole discretion of the Council. In public hearings not involving a quasi-judicial determination by the Council, all persons may be given three minutes to speak on the matter.

A. Adoption of a Resolution Establishing Fees and Charges for Hearing Examiner Services, and Extending the Term of Water Entitlement Discounts through June 30, 2026 PAGE 309 Reference: Matthew Mogensen, City Manager
Recommended Action:

Adopt Resolution Establishing Fees and Charges for Hearing Examiner Services, and Extending the Term of Water Entitlement Discounts through June 30, 2026.

1. 2. Take an alternative action.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
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12. UNFINISHED AND ONGOING BUSINESS
A. Historic Resources Inventory and Issue of Property Owner Consent PAGE 315 Reference: Brian Pierik, City Attorney
Recommended Action: Receive and file agenda report regarding Historic Resources Inventory and Issue of Property Owner Consent.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
B. Combining the Architectural Review Board and Historic Resources Committee Reference: Jon Biggs, Community Development Director PAGE 341 Recommended Action: Review and provide direction to City Manager on whether to return with appropriate ordinance amendments combining the Architectural Review Board and Historic Resources Commission and start the public review process leading to a recommendation by the Planning Commission and consideration by the City Council.

CEQA: Categorical Exemption, CEQA Guidelines Section 15061(b)(3)

13. NEW BUSINESS

14. FULL PRESENTATIONS
A. Flock Camera Presentation by Brian Anderson, Commander

15. CLOSED SESSION
A. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation (Government Code §54956.9(d)(2)) Number of Cases: One Case

ADJOURNMENT
NOTICE OF ADA COMPLIANCE: Pursuant to Title II of the Americans with Disabilities Act (Codified At 42 United States Code Section 12101 and 28 Code of Federal Regulations Part 35), and Section 504 of the Rehabilitation Act of 1973, the City of Pacific Grove does not discriminate on the basis of race, color, religion, national origin, ancestry, sex, disability, age or sexual orientation in the provision of any services, programs, or activities. The City of Pacific Grove does not discriminate against persons with disabilities. City Hall is an accessible facility. A limited number of assisted listening devices will be available at this meeting. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting or provide the requested agenda format.

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Agenda No. 2 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Sandra Kandell, City Clerk/DEI Coordinator
MEETING DATE: November 05, 2025
SUBJECT: Safe Streets Together Monterey County Campaign CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive a presentation.

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Agenda No. 5 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Sandra Kandell, City Clerk/DEI Coordinator
MEETING DATE: November 05, 2025
SUBJECT: Minutes of City Council October 15, 2025 Special and Regular Meetings CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Approve the minutes.

Attachments
Draft Minutes 10-15-25
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1 DRAFT MEETING MINUTES

CITY OF PACIFIC GROVE

CITY COUNCIL

SPECIAL MEETING
Wednesday, October 15, 2025, 5:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA Join the Zoom Meeting to participate live at:
https://www.cityofpacificgrove.org/Zoom_Closed

CALL TO ORDER
Mayor Smith called the meeting to order at 5:00 p.m. Present in Chamber: Mayor Smith, Mayor Pro Tem Amelio, Councilmembers Garfield, McDonnell, Poduri, and Walkingstick. Absent: Councilmember Rau.

APPROVAL OF THE AGENDA
Upon motion by Mayor Pro Tem Amelio and seconded by Councilmember Poduri, Council voted 6-0-1, Councilmember Rau absent, to approve the Special Meeting Agenda.

SPECIAL MEETING

PUBLIC COMMENT ON SPECIAL MEETING MATTERS
No public comment received.

A. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957(a) Discussion with Chief of Police regarding procedures to improve security in City owned buildings.

DRAFT PGCC 11-5-2025

2 DRAFT MEETING MINUTES

CITY OF PACIFIC GROVE

CITY COUNCIL

REGULAR MEETING
Wednesday, October 15, 2025, 6:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://www.cityofpacificgrove.org/Zoom_CC

CALL TO ORDER
Mayor Smith called the meeting to order at 6:00 p.m. Present in Chamber: Mayor Smith, Mayor Pro Tem Amelio, Councilmembers Garfield, McDonnell, Poduri, and Walkingstick. Absent: Councilmember Rau.

PLEDGE OF ALLEGIANCE
Councilmember Garfield led the pledge of allegiance.

1. APPROVAL OF AGENDA
City Manager requested agenda items 11B and 15A be removed from Council’s agenda stating 11B will return to Council in the future and 15A is no longer needed.

Upon motion by Mayor Pro Tem Amelio and seconded by Councilmember Poduri, Council voted 6-0-1, Councilmember Rau absent, to approve the Regular Meeting Agenda, as modified.

2. PRESENTATIONS

3. COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only) A. Report on Closed Session by City Attorney
Government Code Section 54957(A)
Discussion with Chief of Police regarding procedures to improve security in City owned buildings.

City Attorney Brian Pierik stated no reportable action taken.

B. Council and staff made general announcements.

4. GENERAL PUBLIC COMMENT
General public comment received from an unnamed speaker, Jane Haines, and Carol Marquart.

A. Written General Public Comment
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3 CONSENT AGENDA
Action: Upon motion by Councilmember Poduri and seconded by Mayor Pro Tem Amelio, Council voted 6-0-1, Councilmember Rau absent, to approve the Consent Agenda.

5. APPROVAL OF CITY COUNCIL MEETING MINUTES
A. Minutes of the October 1, 2025 City Council Special and Regular Meetings Action: Approved the minutes.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

6. RESOLUTIONS
A. Proposed Updates to City Council Policies 400-5 and 400-6 Action: Approved Resolution No. 25-023 updating City Council Policies 400-5 and 400-6.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

7. ORDINANCES
A. Second Reading of an Ordinance Adopting the California Building Standards Code with Local Amendments
Action: Held second reading and adopted Ordinance No. 25-019 that adopts the 2025 Edition of the California Building Standards Code, with local amendments.

CEQA: Categorical Exemption, CEQA Guidelines Section 15061(b)(3)

8. REPORTS – INFORMATION ONLY
A. Check Register and Core Fund Summary - September 2025 Action: Received the Check Register and Core Fund Summary.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

9. REPORTS – REQUIRING ACTION

10. MEETING MINUTES OF COMMISSIONS, BOARDS, AND COMMITTEES

REGULAR AGENDA

11. PUBLIC HEARINGS
A. Ordinance to Amend the Fiscal Year 25/26 Operating and Capital Improvement Budget Public comment received from Inge Lorentzen Daumer.

Action: Mayor Pro Tem Amelio requested the City Attorney read the title of the ordinance.

Action: Upon motion by Mayor Pro Tem Amelio and seconded by Councilmember Poduri, Council voted 6-0-1, Councilmember Rau absent, to

2. Waive further reading of the ordinance;

3. Introduce and hold the first reading of an ordinance amending the operating and capital budget for the Fiscal Year 2025-26; and

4. Direct that publication of the ordinance will be satisfied by publication of a summary approved by the City Attorney.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines DRAFT PGCC 11-5-2025

4 Section 15378
B. Proposed Revision to Chapter 2.16 of the City Ordinance regarding the Purchasing System and Procedures During the Approval of the Agenda, this item was removed from the agenda.

Reference: Fred Marsh, Administrative Services Director Recommended Action:

1. Request the City Attorney to read the title of the ordinance;

2. Motion to waive further reading of the ordinance;

3. Introduce and hold the first reading of a revision to Chapter 2.16 of the City Ordinance regarding the Purchasing System and Procedures;

4. Direct that publication of the ordinance will be satisfied by publication of a summary approved by the City Attorney; and

5. Approve the Resolution establishing dollar limits for approval of contracts for specified employee classifications.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

12. UNFINISHED AND ONGOING BUSINESS

13. NEW BUSINESS
A. Discussion on the Allocation of Available Potable Water.

Public comment received from Inge Lorentzen Daumer and Lisa Ciani.

Action: Upon motion by Mayor Smith and seconded by Councilmember Walkingstick, the City Council voted 6-0-1, Councilmember Rau absent, to concur with staff’s recommendations on (1) the allocations of the Pure Water Monterey Ground Water Replenishment Project and the City’s Entitlement water and (2) an increase in the discount rate of the Entitlement Water from 30% to 60% and directed staff to return with resolutions memorializing these at a future meeting for City Council consideration.

CEQA: Categorical Exemption, CEQA Guidelines Section 15061(b)(3)

14. FULL PRESENTATIONS

15. CLOSED SESSION
A. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION
54957 (b) PUBLIC EMPLOYEE APPOINTMENT During the Approval of the Agenda, this item was removed from the agenda.

Title: City Attorney – Discussion of appointment process DRAFT PGCC 11-5-2025

5 ADJOURNMENT
Council adjourned the regular meeting at 7:01 p.m.

Respectfully Submitted,
Sandra Kandell
City Clerk
Approved by Mayor: ____________________________________Date___________________ Attest by City Manager: _________________________________Date____________________ DRAFT PGCC 11-5-2025

Agenda No. 5 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Sandra Kandell, City Clerk/DEI Coordinator
MEETING DATE: November 05, 2025
SUBJECT: Minutes of the October 28, 2025 City Council Special Meeting CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Approve the minutes.

Attachments
Draft Minutes 10-28-25
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1 DRAFT MEETING MINUTES

CITY OF PACIFIC GROVE

CITY COUNCIL

AMENDED SPECIAL MEETING
Wednesday,Tuesday, October 28, 2025, 12:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA Join the Zoom Meeting to participate live at:
https://www.cityofpacificgrove.org/Zoom_Closed

CALL TO ORDER
Mayor Smith called the meeting to order at 12:02 p.m. Present in Chamber: Mayor Smith, Mayor Pro Tem Amelio, Councilmembers Garfield, McDonnell, Poduri, Rau, and Walkingstick.

SPECIAL MEETING

PUBLIC COMMENT ON SPECIAL MEETING MATTERS
Public comment received from Jane Haines and Inge Lorentzen Daumer.

A. Public Employee Appointment (Government Code § 54957) Title: City Attorney

ADJOURNMENT
Council adjourned the special meeting at 12:06 p.m. A report out will occur at the next scheduled City Council meeting.

Respectfully Submitted,
Sandra Kandell
City Clerk
Approved by Mayor: ____________________________________Date___________________ Attest by City Manager: _________________________________Date____________________ DRAFT PGCC 11-5-2025

Agenda No. 6 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Rachel Gaither, Library Director
MEETING DATE: November 05, 2025
SUBJECT: Proposed approval of a resolution establishing Council Policy 200-6M and 200-6N, and repealing Council Policies 200-6B, 200-6K, 200-6 CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Approve a resolution establishing Council Policy 200-6M and 200-6N, and repealing Council Policies 200-6B, 200-6D, 200-6K.

1. 2. Alternatively, discuss and take other action.

DISCUSSION
Staff reviewed the City Council Library policies and identified opportunities to streamline content, remove outdated information, and align guidance with current regulations, technology, and contemporary library service standards. This review has resulted in a request to:

Establish two new policies:
200-6M, Collection Development Policy
200-6N, Library Rules of Conduct Policy
Repeal three existing policies:
200-6B, Library Material Selection
200-6D, Withdrawal of Materials
200-6K, Library Behavior
The two new policies are comprehensive, streamlined documents that consolidate and update the content of multiple existing policies into clear, consistent guidance. They are considered new because they have been entirely rewritten, merged from other policies, and refined to broaden and simplify the content for greater clarity and effectiveness. Relevant information from the three policies proposed for repeal have been incorporated into the new policies where appropriate.

These new policies will ensure that library operations are guided by up-to-date, consistent, and effective policy documents that better serve our city, staff, and community members.

Library Advisory Board Review
On September 2, 2025, the Library Advisory Board reviewed the newly proposed Collection PGCC 11-5-2025

Development Policy and the Library Rules of Conduct Policy. They voted to recommend to City Council Liaison, Lori McDonnell, that City Council approve the new policies.

PROPOSED NEW POLICIES:

Collection Development Policy, 200-6M
This newly proposed policy streamlines all information related to collection development including incorporating the relevant information from the Library Materials Selection Policy, 200-6B and the Withdrawal of Materials Policy, 200-6D. and addressing modern day industry standards, including:

Updated language addressing Collection selection, maintenance, deselection and reconsideration of materials.

Updated references to other policies.

Added language addressing local authors.

Added language addressing artificial intelligence.

Added language for appeals process.

Added Request for Reconsideration Form.

The proposed Collection Development Policy, as written, has been pre-approved by the California State Library as being in compliance with the Freedom to Read Act (A.B. 1825, 2023-2024) requirements.

Library Rules of Conduct Policy, 200-6N
This newly proposed policy addresses all aspects of Library Conduct and incorporates relevant information from the outdated 200-6K, Library Behavior Policy. It expands beyond just behavior and defines conduct expectations that support the Library’s mission to provide equitable access to materials, resources, and spaces, and establish consistent procedures for addressing violations of conduct ensuring fair enforcement, including:

Updated language addressing juvenile supervision
Added language addressing juvenile behavior
Added language addressing enforcement, suspension, and appeals process.

Added language addressing trespass.

Added Behavior Policy Enforcement Guidelines.

Added Notice of Library Suspension/Suspension Appeal Request Form.

The two new policies are comprehensive, streamlined documents that consolidate and update the content of multiple existing policies into clear, consistent guidance. They are considered new because they have been entirely rewritten, merged from other policies, and refined to broaden and simplify the content for greater clarity and effectiveness.

Proposed Repealed Policies:
200-6B, Library Material Selection
Relevant information incorporated into the newly proposed 200-6M 200-6D, Withdrawal of Materials
Relevant information incorporated into the newly proposed 200-6M 200-6K, Library Behavior
Relevant information incorporated into the newly proposed 200-6N These actions will ensure that library operations are guided by up-to-date, consistent, effective, and streamlined policy documents that better serve our city, staff and community members.

OPTIONS
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Approve a resolution establishing Council Policy 200-6M and 200-6N, and repealing Council Policies 200-6B, 200-6D, 200-6K.

1. 2. Alternatively, discuss and take other action.

FINANCIAL IMPACT:

There is no fiscal impact. These policies provide overall guidance to staff and community members in the administration of the City of Pacific Grove’s Public Library Collection Development and Library Rules of Conduct policies.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments
Proposed Resolution with Attachments
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RESOLUTION NO. 25-xxx

RESOLUTION OF THE CITY OF PACIFIC GROVE CITY COUNCIL ESTABLISHING COLLECTION DEVELOPMENT POLICY, 200-6M AND LIBRARY RULES OF CONDUCT, 200-6N AND REPEALING THE LIBRARY MATERIALS SELECTION POLICY, 200-6B, WITHDRAWAL OF MATERIALS POLICY, 200-6D, AND THE LIBRARY BEHAVIOR POLICY, 200-6K.

FINDINGS

1. Currently, a Collection Development Policy and a Library Rules of Conduct Policy do not exist.

2. The purpose of the Collection Development Policy is to establish guiding principles for the selection, acquisition, evaluation, withdrawal and reconsideration of library materials and compliance with state legislative requirements.

3. The purpose of the Library Rules of Conduct Policy is to define behavioral expectations that support the Library’s mission to provide equitable access to materials, resources, and spaces and establish consistent procedures for addressing violations of conduct and ensuring fair enforcement.

4. Relevant information from Library Material Selection, 200-6B and Withdrawal of Materials, 200-6D policies have been incorporated into the newly proposed Collection Development Policy, 200-6M.

5. Relevant information from Library Behavior, 200-6k has been incorporated into the newly proposed Library Rules of Conduct Policy, 200-6N.

6. City governance and Library operations will be more effective with a Collection Development Policy, 200-6M and a Library Rules of Conduct Policy, 200-6N and the repeal of the Library Materials Selection Policy, 200-6B, the Withdrawal of Materials Policy, 200-6D and the Library Behavior Policy, 200-6K.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE:

1. The Council determines that each of the Findings set forth above is true and correct, and by this reference incorporates those Findings as an integral part of this Resolution.

2. The Council authorizes adoption of a Resolution to establish a Collection Development Policy, 200-6M and a Library Rules of Conduct Policy, 200-6N.

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3. The Collection Development Policy, 200-6M and the Library Rules of Conduct Policy, 200-6N, are hereby approved as attached to this Resolution, which by this reference are incorporated as set forth in its entirety.

4. The Council repeals the existing policies of Library Material Selection, 200-6B, Withdrawal of Materials, 200-6D, and Library Behavior, 200-6K as attached to this Resolution, in their entirety.

5. This Resolution shall become effective immediately following passage and adoption thereof.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this _____ day of ______________, _______, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:
_______________________________
NICK SMITH, Mayor
ATTEST:

DATED:_______________________
_______________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_______________________________
BRIAN A. PIERIK, City Attorney
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1 CITY OF PACIFIC GROVE, CALIFORNIA

COUNCIL POLICY
SUBJECT POLICY NO. EFF. DATE PAGE
Collection Development DRAFT 1 of 4
I. Mission:

The Pacific Grove Public Library (PGPL) is a dynamic civic resource that provides free and open access to information, materials, and services to all members of the community. We advance knowledge, foster creativity, encourage the exchange of ideas, enrich lives and build and strengthen community by providing opportunities for lifelong learning, discovery, and expression. We achieve this through our skilled and dedicated, staff, collections, programs, and physical and virtual spaces.

II. Purpose:

This document describes the purpose and nature of the PGPL’s collection and gives guidance and direction to PGPL staff for collection development and maintenance.

III. Policy:

In order to fulfill its mission, PGPL will select, organize and make library material accessible in a variety of formats to meet the expressed, anticipated and lifelong learning needs and interests of the broad community it serves, with the values of equity, diversity, and inclusion in mind.

PGPL will provide library material in English and Spanish, and additional languages that best respond to the current needs of PGPL’s service areas. Selections are limited by budget constraints.

For the purposes of this policy, the term “library material” and “material” shall mean a broad range of information and publications in a variety of formats including, but not limited to books, documents, magazines, newspapers, pamphlets, and maps. videos on DVD and BluRay, books on CD and downloadable e-books, audio books, videos, music and databases.

Additionally, multimedia kits, educational toys or equipment, video games, household goods and small appliances, art prints, microform, and accessibility tools and devices. The library also provides unfettered access to the Internet. Selected Internet sites are linked to the library’s website.
• PGPL’s collection strives to meet the broad and diverse interests of the community and respects both PGPL’s autonomy and their specific community needs. • PGPL serves as a center for voluntary inquiry and the dissemination of information and ideas.
• Library material is provided for the interest, information, and enlightenment of all people, and should present diverse points of view in the collection as a whole. • PGPL acknowledges the right of the public to receive access to a range of social, PGCC 11-5-2025

2 political, aesthetic, moral, and other ideas and experiences.

IV. Collection Selection:

Professional staff select material by utilizing a combination of reviews, knowledge of the community, currency of information, popularity and demand.

Each selection is evaluated on its own merit taking into consideration budgetary and space limitations and its relation to the collection as a whole.

Materials will not be excluded because they may cause concern to some individuals. They will not be excluded solely because they contain political, religious, or moral views that may be controversial, nor because of language or depictions if they meet other selection criteria. Any restriction of a child's access to materials is the right and responsibility of the parent or guardian.

The PGPL supports the Library Bill of Rights, the Freedom to Read and the Freedom to View statements of the American Library Association, and this policy complies with California’s Freedom to Read Act.

V. Collection Maintenance and Deselection:

Continuous evaluation of materials is necessary to maintain a current and appealing collection.

Librarians shall regularly deselect material based on the currency of an item’s content, the condition of the item, availability of other material on the subject, and the demonstrated interest from members of the public utilizing PGPL in the item. Deselected print materials are given to the Pacific Grove Library Friends and Foundation or recycled based on condition.

Electronic resources are retained or deselected based on the above criteria plus the following:
use, utility to staff and customers, and cost per use.

VI. Suggestions for Additions to the Collection:

To assure the acquisitions of resources desired by PGPL users, customer suggestions are always considered for their addition to the collection. Purchase suggestions may be made in person or online (provided that an online method has been implemented by PGPL). Each suggestion shall be subject to the same selection criteria as other material pursuant to this Policy and shall not be automatically added to the PGPL’s collection.

VII. Local Authors:

PGPL will not purchase a local author’s work (self-published or otherwise) unless that work has been positively reviewed in a professional publication, or it has a particular value to PGPL’s collection. PGPL will consider donations of self-published or traditionally published material written/created by local authors (i.e., authors from Pacific Grove, CA or the surrounding cities on the Monterey Peninsula) subject to review by PGPL librarians. If a local author chooses to donate their work to PGPL, one copy will be placed in the “Local Authors” collection. Donated materials become property of PGPL and are subject to the PGPL’s Collection Development Policy.

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3 VIII. Artificial Intelligence (A.I.) Generated Materials:

Due to quality concerns, ethical and copyright issues, and reader and author preferences, PGPL will not intentionally purchase content that is generated or narrated using Artificial Intelligence.

IX. Donations and Gifts:

The PGPL encourages donations of money or materials be made to the Pacific Grove Public Library’s Friends and Foundation.

Gifts to PGPL’s “Local History Collection” require approval by the Library Director or designee and will not be accepted without legal documentation (e.g., deed of gift agreement, legal document transferring ownership, or other official acknowledgement/documentation). Art gifts are governed by and subject to the Library Acceptance of Art Gifts Policy.

PGPL shall not be responsible for the appraisal of any donations or gifts for income tax or any other purpose.

X. Reconsideration of Library Materials:

PLPG’s professional staff select library material in alignment with the PGPL’s mission using established criteria. Requests for Reconsideration from members of the public to remove specific material from the collection are considered in alignment with this Collection Development Policy. A member of the public who is both a PGPL card holder and a Pacific Grove, California resident may complete and submit a Request for Reconsideration of Library Material Form if they believe an item does not align with this policy, which is provided in Attachment 1 of this policy (“Request”). Only one title may be included per Request, and an individual can have one active Request at a time. Designated Professional Staff Selectors will review the Request and reply with a response, if requested, within 30 days of receipt. The item in question will remain on the shelf during the reconsideration process. PGPL reserves the right to decline a Request for a title that has already been reviewed.

The procedure for reconsideration of material is as follows:

1. The member of the public seeking reconsideration of library material may request from PGPL staff a Request for Reconsideration of Library Material Form. PGPL staff shall also provide a copy of this Collection Development Policy and the American Library Association’s Library Bill of Rights. These are all available online, and all PGPL public service desks.

2. The member of the public seeking reconsideration must read, view, or listen to the entirety of the subject library material before requesting reconsideration of library material.

3. The member of the public may submit the Request for Reconsideration of Material form at any PGPL public service desk.

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4 4. The request for reconsideration will be considered by a committee of Professional Collection Selectors, which membership thereof shall not include the Library Director (“Committee”). The Committee will evaluate the material based on the standards for selection in the Collection Development Policy and will reply with a response, if requested, within 30 days of receipt.

5. The requester may file a written notice of appeal within 30 days of Committee’s decision to the Library Director:

Library Director
550 Central Ave
Pacific Grove, CA 93950
831.648.5760

6. The Library Director shall render his or her decision within 30 days of receipt of such written notice of appeal and such decision shall be final.

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PGPL Collection Development_ Attachment 1
550 Central Ave. Pacific Grove, CA 93950

REQUEST FOR RECONSIDERATION OF LIBRARY MATERIAL
Section X of PGPL’s Collection Development Policy, in part, provides as follows:
“PLPG’s professional staff select library material in alignment with the PGPL’s mission using established criteria. Requests for Reconsideration from members of the public to remove specific material from the collection are considered in alignment with this Collection Development Policy. A member of the public who is both a PGPL card holder and a Pacific Grove, California resident may complete and submit a Request for Reconsideration of Library Material Form if they believe an item does not align with this policy (“Request”). Only one title may be included per Request, and an individual can have one active Request at a time. Designated Professional Staff Selectors will review the Request and reply with a response, if requested, within 30 days of receipt. The item in question will remain on the shelf during the reconsideration process. PGPL reserves the right to decline a Request for a title that has already been reviewed.”
The full procedure for reconsideration of any PGPL material, including appeals thereof, is provided in the attached Collection Development Policy.

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550 Central Ave. Pacific Grove, CA 93950
PGPL Collection Development_ Attachment 1

REQUEST FOR RECONSIDERATION OF LIBRARY

MATERIAL FORM
Customers who would like the Library to reconsider a title's place in the collection are required to complete this form below. Please download a copy of this PDF for your records if you have filled it out in your browser.

Your Information
Date:

Name:

Address:

Telephone:

Email (optional):

Material for Consideration
Title:

Type of Material (Book, DVD, Magazine, Other):

Author/Producer/Publisher:

Did you read, view, or listen to the material in its entirety? Yes No
Have you read the Pacific Grove's Public Library's Collection Development Policy? Yes No
Continued on next page
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550 Central Ave. Pacific Grove, CA 93950
PGPL Collection Development_ Attachment 1

REQUEST FORM CONTINUED
Describe your concerns regarding this material. Please be specific and list page numbers or sections where applicable.

What action are you requesting the committee to consider? PGCC 11-5-2025

1 CITY OF PACIFIC GROVE, CALIFORNIA COUNCIL
POLICY
SUBJECT POLICY NO. EFF. DATE PAGE
Library Rules of Conduct DRAFT 1 of 5
I. Purpose
The Pacific Grove Public Library (“Library”) serves the public and encourages people of all ages to visit the library. To ensure that all people who use and work at the Library can do so in a comfortable and safe environment, library users using the Library’s facilities or services must comply with the Library Rules of Conduct.

Library staff are authorized to enforce the Rules of Conduct. Violation of these rules may result in removal from the Library and temporary or permanent suspension of library privileges.

II. Prohibited Activities
A. Interior and Exterior. The following activities are prohibited within the Library building and exterior Library areas:

1. Engaging in activity prohibited by local, state or federal law.

2. Interfering with library employees in the performance of their duties, or obstructing or intimidating library users of the library, or entering non-public areas without authorization (California Penal Code Section 602.1(b)).

3. Harassment of any kind, such as verbally abusing or harassing staff and/or user(s): repeated name-calling or other language that is harassing.

4. Damaging or misusing the library building, furniture, equipment, or materials.

5. Smoking, including the use of electronic and smoke-free cigarettes, inside any library facility or within 25 feet of the library building (See Chapter 11.24 PG Municipal Code.)

6. Leaving unattended bags or other items inside or outside the library.

7. Weapons of any kind are prohibited on Library property. The Library is not responsible for personal items that are lost, stolen or damaged in or on the grounds of the library. We reserve the right to search personal belongings to prevent loss of library materials in accordance with state law California Penal Code Section 490.5).

8. Camping or lodging on Library property.

9. Using equipment/areas/furniture other than for the intended purpose.

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2 10. Blocking access, library entrance areas, aisles, or passages; interfering with the flow of pedestrian traffic.

11. Failure to comply with a staff request relating to compliance with Library rules of conduct and/or reasonable staff or security requests.

12. Trespassing or refusing to leave or returning to the building after being suspended pursuant to this policy.

13. Depositing bodily fluids on property, including library collections, equipment, furnishings, property enclosures, and maintained landscape.

14. Stalking or following Library user(s) and/or staff.

15. Theft or vandalism.

16. Intoxication.

17. Possession, use, under influence of, sale or intent to sell illegal substances.

18. Verbal or non-verbal threats of physical harm.

19. Sexual misconduct, including but not limited to, indecent exposure, sexual contact, sexual intercourse or lewd acts.

20. Displaying, in digital or print format, explicit images that could be considered harmful matter in potential view of minors. (CA Penal Code Section 313)

21. Physical assault, fighting or battery of staff and/or user(s).

B. Interior. The following activities are prohibited within the Library building:

1. Misuse of Library restrooms or water fountains (including bathing, shaving, and washing clothes).

2. Bringing in large items into Library buildings including, but not limited to, bedding, carts, bicycles, or luggage.

3. Monopolizing library space, seating, tables, stairways or equipment to the exclusion of other library users or staff, or obstructing aisles, stairs or doorways with body or personal belongings.

4. Eating and/or drinking in non-designated places of the Library (e.g., Children’s Room, Laws Family Room and Library computers) without prior express Library staff permission. Non-alcoholic beverages are permitted but must be in a container with a lid or top. The Library reserves the right to ask anyone to relocate, remove, or dispose of food and drink.

5. Presenting strong pervasive odors, including odors caused by perfume or cologne.

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3 6. Bringing animals into the Library building other than service animals defined by and adhering to the behavioral guidelines of the Americans with Disabilities Act, or animals that are a part of library programs.

7. Petitioning, soliciting, conducting surveys, or distributing/selling merchandise on library premises without the express permission of the Library Director and requisite licensing.

8. Disruptive, swear words, or abusive voices, language, gestures, or activities.

9. Audio, video, photographic, or any other recording of a library customer without their prior consent.

10. Failing to be fully clothed, including, but not limited to, wearing a shirt, pants, skirt, or shoes or being otherwise attired as to be disruptive to the library environment (infants & toddlers excluded).

11. Sleeping at computer terminals; lying on the floor or furniture.

12. Making any loud or unreasonable noise or other disruption, including disruptive use of personal communications or entertainment devices.

13. Adults using the Children or Teen areas outside a
caregiver/professional/educator capacity.

III. Behavior and Supervision of Juveniles:

All juveniles in the Library must follow the Library Rules of Conduct and are expected to use the Library appropriately. Juveniles who do not follow these rules are subject to the same consequences as other library users, including being required to leave the Library or losing library privileges.

Library users age 8 and under may not be left unattended in the library and must be accompanied by someone 12 years or older. The Library is not responsible for juveniles who are left unattended in or on the grounds of the Library. If any juvenile under the age of 12 is left unattended when the library closes, staff will notify the Pacific Grove Police Department.

IV. Enforcement:

Library staff and/or local law enforcement officers are authorized to expel persons who, advised of the regulations above, fail to comply with them.

The Library reserves the right to restrict the use of its facilities or premises to persons who do not abide by the Library’s Rules of Conduct. Failure to comply with the Library’s Rules of Conduct may result in expulsion from the Library and suspension of Library privileges including access to activities, services, or facilities and/or in arrest and prosecution under California Penal Code Section 602.1(b).

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4 Engaging in any of the above behaviors may result in one or more of the following consequences, depending on the severity of the violation:
• Initial warning and user may correct or leave. Staff must also reference posted Library Rules of Conduct Policy
• Library privileges suspended for one day.
• Library privileges suspended for seven days.
• Library privileges suspended for up to one year.

Depending on the severity, length of suspension that is greater than seven days may be determined at the discretion of professional staff based upon the matrix provided in Attachment 1.

However, to the extent that a violation occurs in an exterior Library area that members of the public are permitted to access, an individual shall not be suspended from access to such areas.

V. Suspension
When directing a user to leave the Library, staff will provide a Notice of Library Suspension.

The form of such notice is provided in Attachment 2. Those elements of the posted Library Rules of Conduct policy the member has violated will be identified in the Notice of Library Suspension and a copy of these Rules of Conduct shall also be included.

If an individual’s suspension is for a period of one (1) month or longer, the individual must attend a meeting with Library staff in order to review these Rules of Conduct. In the case of a minor (under the age of 18), a parent or guardian must attend the meeting with the minor. This meeting may be scheduled no earlier than one week before expiration of such individual’s suspension.

VI. Appeals Process:

Suspended individuals may appeal a suspension to the City Manager within five working days of the Library user’s receipt of the Notice of Library Suspension by submitting a written appeal to the City Manager utilizing form(s) provided by Library. The appeal request form shall be submitted as follows:

Requests to appeal a library suspension must be submitted to the Pacific Grove City Clerk’s Office (300 Forest Ave., Pacific Grove, CA, 93950). A copy of your suspension letter must be attached to this form when submitting.

While the appeal is pending, and until a suspension period has expired, a suspended individual may not enter Library buildings unless otherwise specified in writing. Suspended individuals entering Library buildings prior to the identified date of return may be subject to arrest pursuant to California Penal Code Section 602.1(b) as trespassers as provided further in Section VII of PGCC 11-5-2025

5 this policy.

An appeal determination will be made within 30 days of receipt thereof by the City Manager or their designee. Such determination shall be provided to the appellant by email or U.S. Mail as indicated by the appellant’s communication preference. The City Manager’s determination shall be final.

VII. Trespass:

If a suspended individual enters Library buildings before their return date, the Pacific Grove Police Department may be called, and the individual may be cited or arrested for trespass pursuant to California Penal Code Section 602.1(b). Such attempts to improperly re-enter PLPG buildings may result in an extension of the length of an individual’s suspension.

California Penal Code Section 602.1(b) provides as follows:

Any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by obstructing or intimidating those attempting to carry on business, or those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency after being requested to leave by the office manager or a supervisor of the public agency, or by a peace officer acting at the request of the office manager or a supervisor of the public agency, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.

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PGPL Rules of Conduct_ Attachment 1
Library Rules of Conduct Policy Enforcement Guidelines
This document is intended to ensure that conduct issues are dealt with in a consistent manner and guarantee that the Pacific Grove Public Library facility is safe and welcoming to all. Persons who violate the policy may receive a warning from staff and/or an opportunity to correct their behavior or leave the library. Any persons suspended from the library will also have their library computer access blocked until the end of their suspension period Illegal activity, as well as any repeated violations of the Library Rules of Conduct Library Policy or other library policies may result in removal from the facility and/or suspension of library privileges. Longer suspensions may be given depending on the severity of the offense. In addition, where authorized by Federal, State or local law, violations of these guidelines may also result in arrest.

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2 PGPL Rules of Conduct_ Attachment 1
Behavior First Offense Second Offense Third Offense
Level 1 - Minor
Sleeping at computer terminals;
lying on the floor or furniture
OR
Camping or lodging on property
Give warning, user may correct
or leave
Give warning, user may correct
or leave
7 days
Using equipment/areas/furniture
other than for the intended
purpose
Give warning, user may correct
or leave
Give warning, user may correct
or leave
7 days
Leaving unattended bags or other
items inside or outside the library.

Give warning, user may correct
or leave
Give warning, user may correct
or leave
7 days
Presenting strong pervasive
odors, including odors caused by
perfume and cologne
Give warning and provide
information on available
resources if needed
Give warning, user may correct
or leave
7 days
Bringing animals into the PGPL
building other than service
animals defined by and adhering
to the behavioral guidelines of the
Americans with Disabilities Act, or
animals that are a part of library
programs.

Give warning, user may return
without pet
Give warning, user may return
without pet
7 days
Bringing in large items including,
but not limited to, bedding, carts,
bicycles, or luggage
OR
Monopolizing library space,
seating, tables, stairways or
equipment to the exclusion of
other library users or staff, or
obstructing aisles, stairs or
Give warning, user may correct
or leave
Give warning, user may correct
or leave.
7 days
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3 PGPL Rules of Conduct_ Attachment 1
doorways with body or personal
belongings.

Smoking, including the use of
electronic and smoke-free
cigarettes, inside any library
facility or within 25 feet of the
library building (See Chapter

11.24 PG Municipal Code.)
Give warning, user may correct
or leave
1 day 7 days
Petitioning, soliciting, conducting
surveys, or distributing/selling
merchandise on library premises
without Director permission
Give warning, user may correct
or leave
1 day 7 days
Blocking access, library entrance
areas, aisles, or passages;
interfering with the flow of
pedestrian traffic
Give warning, user may correct
or leave
1 day 7 days
Failing to be fully clothed,
including, but not limited to,
wearing a shirt, pants, skirt, or
shoes or being otherwise attired
as to be disruptive to the library
environment. (Infants & toddlers
excluded).

Give warning, user may correct
or leave
1 day 7 days
Eating and/or drinking in nondesignated places of the Library (e.g., Children’s Room, Laws
Family Room and Library
computers) without prior express
Library staff permission. Nonalcoholic beverages are permitted but must be in a container with a
lid or top. The Library reserves
the right to ask anyone to
Give warning, user may correct
or leave
1 day 7 days
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4 PGPL Rules of Conduct_ Attachment 1
relocate, remove, or dispose of
food and drink.

Making any loud or unreasonable
noise or other disruption,
including disruptive use of
personal communications or
entertainment devices
Give warning, user may correct
or leave
1 day 7 days
Failure to comply with a staff
request relating to compliance with
Library rules of conduct and/or
reasonable staff or security
requests
1 day 7 days 14 days
Misuse of Library restrooms or
water fountains (including
bathing, shaving, and washing
clothes).
1 day 7 days 14 days
Audio, video, photographic, or
any other recording of a library
user without the user’s prior
consent.
1 day 7 days 14 days
Adults using the Children or Teen
areas outside a
caregiver/professional/educator
capacity.

Give warning and direct adult to
other areas in the building where
seating is available. Brief
browsing period can be
accommodated by Librarian for
adult readers or materials can be
collected and delivered to user in
adult designated areas.
7 days 1 month + (Depending on rate
of recurrence)
Level 2 – Moderate
Trespassing or refusing to leave
or returning to the building after
being suspended
Additional 14 days Additional 1 month Additional 2 months PGCC 11-5-2025

5 PGPL Rules of Conduct_ Attachment 1
Depositing bodily fluids on
property, including library
collections, equipment,
furnishings, property enclosures,
and maintained landscape.
14 days 1 month 2 months
Harassment of any kind, such as
verbally abusing or harassing
staff and/or user(s): repeated
name-calling or other language
that is harassing
1 month 3 months 6 months
Disruptive, swear words, or
abusive voices, language,
gestures, or activities
1 month 3 months 6 months
Stalking or following user(s)
and/or staff
1 month 2 months 3+ months
Intoxication 1 month 2 months 3+ months
Theft or vandalism 1 + month (depending on
severity/value of loss)
2 + months (depending on
severity/value of loss)
3 + months (depending on
severity/value of loss)
Level 3 – Severe
Damaging or misusing the library
building, furniture, equipment, or
materials
3 months 6 months 1 years
Interfering with library employees
in the performance of their duties,
or obstructing or intimidating
library users of the library, or
entering non-public areas without
authorization (California Penal
Code Section 602.1(b))
3 months 6 months 1 years
Engaging in activity prohibited by
local, state or federal law.
3+ months 6+ months 1+years
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6 PGPL Rules of Conduct_ Attachment 1
Displaying, in digital or print
format, explicit images that could
be considered harmful matter in
potential view of minors. (CA
Penal Code Section 313)
3+ months 6+ months 1+years
Possession, use, under influence
of, sale or intent to sell illegal
substances
3+ months 6+ months 1+years
Weapons of any kind are
prohibited on Library property.

The Library is not responsible for
personal items that are lost,
stolen or damaged in or on the
grounds of the library. We reserve
the right to search personal
belongings to prevent loss of
library materials in accordance
with state law California Penal
Code Section 490.5).
3+ months 6+ months 1+years
Verbal or non-verbal threat of
physical harm
6 months 1 year 2 years
Physical assault, fighting or
battery of staff and/or user(s)
6+ months 1+ years 2+ years
Sexual misconduct, including but
not limited to, indecent exposure,
sexual contact, sexual intercourse
or lewd acts
6+ months 1+ years 2+ years
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PGPL Rules of Conduct_ Attachment 2

PACIFIC GROVE PUBLIC LIBRARY

NOTICE OF LIBRARY SUSPENSION
Name:______________________________________________________________________

Date of Notice:________________________________________________________________

You are hereby given notice that, as of the above date, your library visitor privileges are suspended beginning on __________ and ending on ___________. This suspension is based on your action(s), outlined below, which violate the Pacific Grove Public Library “Library Rules of Conduct” Policy. [Describe the incident/violation(s) and cite to applicable rule of conduct]:

Terms of Suspension:
• This suspension will remain in effect from ____to ___, at which time your library usage and privileges will be reinstated. Suspensions longer than one month require a Re-Entry meeting. • This suspension is a suspension from the Pacific Grove Public Library building. You may not enter, be present at, or access the Pacific Grove Public Library building(s), services, events, or library computers. • You may not harass any library staff, regardless of the duration of your suspension. This includes, but not be limited to, harassment through in-person, phone, texts, and email communications. • During the term of your suspension you may communicate with Library staff as indicated below only to schedule your re-entry meeting, and should do so for only that purpose and duration:
o Re-Entry: Contact the Library Director no more than one week prior to the end of your suspension.
• Any customer who violates their suspension by entering Library building(s) while suspended will be asked to leave the building immediately and will be automatically suspended for two additional weeks and may be subject to citation for trespassing.

Appeals of Suspension:

You may appeal your suspension utilizing the appeal form attached to this Notice of Suspension. The appeal must be submitted within five (5) working days of the date of this Notice of Suspension and will be considered pursuant to the attached Library Rules of Conduct. The appeal of the suspension must also include a copy of this Notice of Suspension. The attached Library Rules of Conduct contains additional information relating to appeal procedures.

Re-Entry Procedure:

If your suspension is for a period of one (1) month or longer, you must request and attend a meeting with the Library Director prior to your return. The purpose of the meeting is to review the customer conduct guidelines, the Library’s suspension process and for you to acknowledge that the behavior violation will not occur again. In the case of a minor (under the age of 18), a parent or guardian must attend the meeting with the minor. You may schedule a Re-entry meeting by contacting the Library Director at [email protected] or (831) 648-5760.

Communication related to scheduling a Re-entry meeting will not constitute a violation of the suspension, provided that it does not occur more than one week before the end of the suspension term.

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PGPL Rules of Conduct_ Attachment 2

PACIFIC GROVE PUBLIC LIBRARY SUSPENSION APPEAL REQUEST FORM ☐ I want to appeal this suspension
Name:_____________________________________________________________ Date of Notice of Suspension: _____________________________________________________ Phone Number: _(____)_______________________________________________ Email Address: _____________________________________________________ Mailing Address: ___________________________
City/State/Zip: ___________________________

___________________________
How do you prefer to receive the determination of your appeal (Please check one box):
☐ Email
☐ US Mail
Reason for Appeal (Optional):

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CITY OF PACIFIC GROVE, CALIFORNIA

COUNCIL POLICY
SUBJECT POLICY NO. EFF. DATE PAGE
Library Behavior 200-6(K) May 4, 2011 1 of 1
Purpose
The Pacific Grove Public Library serves the general public and encourages people of all ages to visit the library. Those using the library and its resources have the right to expect a safe, comfortable environment that supports appropriate library services. These rules of conduct are established to provide such an environment.

Rules of Conduct

1. The violation of federal, state, or local laws is not permitted on library property, including:
• Physical, verbal, or sexual harassment of patrons or staff • Threats of violence
• Theft or vandalism of library or other persons’ property

2. Smoking in the library or within 25 feet of the library building is not permitted

3. Disorderly conduct or disruptive behavior that interferes with the normal operation of the library or that disturbs patrons or staff is not permitted. Examples of this type of behavior include, but are not limited to, running, fighting, drunkenness, abusive or threatening language or behavior, and excessively loud conversations.

4. Library patrons shall abide by library rules and shall obey any reasonable direction give by a library staff member.

5. Tampering with library machines, technology systems, and computer hardware or software is prohibited.

6. No pets or animals of any kind, with the exception of service animals or animals being used as part of a library-sponsored program, will be allowed in the library.

7. Patrons shall leave the library at closing time.

8. Library computers may not be used for illegal or criminal activities. Nor may they be used to download or print obscene material.

9. Shoes and acceptable clothing shall be worn in the library at all times.

10. Eating and drinking, with the exception of bottled water, unless part of a program or reception, is not permitted in the library.

11. Bags larger than 20” by 14” by 8” could present a safety risk and may not be brought into the library
1 PGCC 11-5-2025

12. Children ages 8 and under may not be left unattended in the library and shall be accompanied by someone 12 years or older.
• Children ages 9 and up are allowed to use the library unaccompanied by an adult as long as their behavior is not disruptive to patrons or staff. • Children under 12 left unattended at closing time will be transferred to the Police Department.

13. Computers in the Children’s Room are reserved for children ages 18 and under. Adults with small children may use computers in the Children’s Room with permission of the librarian in charge.

14. Personal appliances, such as laptop computers and MP3 players, may be used if the noise level is low and use does not interfere with others. Cell phone use is prohibited in the library and phones shall be turned off or switched to a non-audible signal. Texting is allowed if it does not disrupt the normal operation of the library.

15. No weapons may be brought into the library.

Adopted: March 15, 2000—Resolution No. 0-011
Amended: May 4, 2011—City Council approved amended policy 5-4-11 2 PGCC 11-5-2025

Agenda No. 6 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Sandra Kandell, City Clerk
MEETING DATE: November 05, 2025
SUBJECT: League of California Cities Voting Delegate and Alternate(s) Policy 000-029 CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Adopt a resolution amending City Council Policy 000-29 regarding League of California Cities Voting Delegate and Alternate(s);

1. Approve Policy 000-29 amending the selection of the League of California Cities Voting Delegate and Alternate(s);

2. 3. Alternatively, discuss and take other action related to this item.

DISCUSSION
Background
On June 7, 2023, the Council approved and adopted Policy 000-29. The policy was to formalize the process of selecting a voting delegate and up to two alternates to attend the League of California Cities Annual Conference and vote on behalf of the City, as no such policy had yet existed. During the conference business meeting, the authorized delegate from the City may represent the City’s interests to vote on and approve League policy. If the selected voting delegate cannot attend, the designated alternate may exercise voting authority. Adopting Policy 000-29 ensured that the process was conducted consistently and transparently on an annual basis.

Prior to Policy 000-29, the Mayor was selected as the City’s Voting Delegate with the Mayor Pro Tem as alternate to attend the League of California Cities Annual Conference and vote on behalf of the City of Pacific Grove. The policy amendment returns to both past practice and that of other cities. The Council may, of course, select a second alternate when needed.

All other aspects of the policy remain intact.

OPTIONS

1. Do not approve.

2. Provide alternate direction.

FINANCIAL IMPACT:

PGCC 11-5-2025

There is no fiscal impact to amend Policy 000-29. Funding for City Council conference attendance and travel is allocated within the adopted Fiscal Year budget.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments
Proposed Reso & Redlined Policy
PGCC 11-5-2025

1 RESOLUTION NO. 25-XXX

A RESOLUTION OF THE CITY OF PACIFIC GROVE CITY COUNCIL

ESTABLISHING A LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE AND

ALTERNATE(S) POLICY

FINDINGS

1. League of California Cities Voting and Alternate Delegates Policy 000-29 was established on June 7, 2023.

2. Amending Policy 000-29 will still ensure that the process is conducted consistently and transparently on an annual basis.

3. City governance will be consistent with both past practice and that of other cities designating the Mayor as Voting Delegate and the Mayor Pro Tem as Alternate.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE:

1. The Council determines that each of the Findings set forth above is true and correct, and by this reference incorporates those Findings as an integral part of this Resolution.

2. The Council authorizes adoption of a Resolution to amend City Council Policy 000-029 regarding the League of California Cities Voting Delegate and Alternate(s) process.

3. The Amended League of California Cities Voting and Delegate(s) Policy is hereby approved and attached hereto, designating the Mayor as Voting Delegate and the Mayor Pro Tem as Alternate.

4. This Resolution shall become effective immediately following passage and adoption thereof.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this ___ day of November, 2025, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

NICK SMITH, Mayor
PGCC 11-5-2025

2 ATTEST:

DATED:_______________________
_______________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_______________________________
BRIAN A. PIERIK, City Attorney
PGCC 11-5-2025

City of Pacific Grove
City Council Policy
Policy Governing Policy No. Effective Date Page
League of California Cities Voting
Delegate and Alternate(s)
000-29 June 7, 2023 1 of 1
PURPOSE:

To formalize an annual process for selecting a voting delegate and up to two alternates to attend the League of California Cities (LoCC or Cal Cities) Annual Conference, participate in the business meeting, and vote on behalf of the City. Cal Cities membership considers and acts on resolutions that establish Cal Cities policy. Designation must be done annually.

POLICY & PROCEDURE:

Preconference:
• The City Manager and City Clerk will annually receive the LoCC Designation of Voting Delegate and Alternates memo requesting action by an indicated deadline. • The City Clerk will place the designating delegate/alternate(s) matter on the next City Council regular meeting.
• The City Council will discuss, designate, and adopt by resolution the Mayor as voting delegate, the Mayor Pro Tem as alternate, and up to two one alternate when neededs. (Note:

Voting Delegate/Alternate(s) must be registered to attend the conference.) • The Mayor/Designee will complete and return the Voting Delegate form attaching the adopted resolution and return to the LoCC as instructed. • The City Manager and City Clerk will annually receive LoCC resolutions that establish Cal Cities policy for City Council consideration by late summer. • The City Clerk will place the consideration of the resolutions matter on the next City Council regular meeting.
• The City Council will discuss and direct the voting delegate/alternate(s) on how to act on the resolutions at the annual meeting.

Conference:
• At least one voter must be in possession of the voting delegate card. Voting delegates and alternate(s) must pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting.

PGCC 11-5-2025

• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternate(s), but only between the voting delegate and alternates. If the voting delegate and alternate(s) find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card willsit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.

AnnualConference Voting Procedures

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

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

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

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

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.

6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.

7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.

Adopted June 7, 2023 – Resolution No. 23-019
Amended November 5, 2025 – Resolution No. 25-XXX
PGCC 11-5-2025

Agenda No. 6 C

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Jon Biggs, Community Development Director
MEETING DATE: November 05, 2025
SUBJECT: Allocation of available potable water from the Pacific Grove Local Water Project and the Pure Water Monterey Ground Water Replenishment Project.

CEQA: Categorical Exemption, CEQA Guidelines Section 15061(b)(3)

RECOMMENDATION
Staff recommends adoption of the attached resolution and notes that if changes to the allocation are desired or necessary in the future, staff can return to the City Council with a new resolution that assigns different amounts of water among the five categories.

DISCUSSION
At its meeting of October 15, 2025, the City Council directed that staff return with a resolution that memorialized the assignment of potable water currently or nearly available for allocation. Chapter 11.68 of the Pacific Grove Municipal Code, Water Distribution Regulations, provides that the City Council may distribute available potable water by resolution.

There are two sources of potable water that are ready or nearly ready for allocation. These are the Pacific Grove Local Water Project (PGLWP), also referred to as entitlement water, and the Pure Water Monterey Ground Water Replenishment Project (PWM/GWR), which has an anticipated completion near the end of the 2025 calendar year.

The Monterey Peninsula Water Management District (MPWMD) adopted Ordinance No. 197, which allocated 32 acre-feet of water to the City of Pacific Grove in anticipation of the completion of the PWM/GWR at the end of 2025. The PGLWP generated 47.88 acre-feet of water, of which 11.5 acre-feet have been reserved for an affordable housing project. With this reserve and sales of this water to date, approximately 19.2551 acre-feet of water remain available for sale.

Attached for City Council consideration is a resolution that reflects the direction of the City Council and the allocation of available potable water from each of available or nearly available water sources.

OPTIONS

1. Adopt resolution recommended by staff.

2. Provide alternate allocations and amend resolution at meeting.

3. Decline to allocate available potable water.

PGCC 11-5-2025

FINANCIAL IMPACT:

A significant financial impact is not anticipated by the allocation of available potable water to the five categories identified in this report.

FOCUSED PRIORITY AREA: Community Development
Attachments
Attachment 1 Resolution for the Allocation of Available Potable Water PGCC 11-5-2025

RESOLUTION N0. 25-0XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF PACIFIC GROVE

ALLOCATING AVAILABLE POTABLE WATER

1. In recognition of the need to manage its limited water resources, the City Council enacted Chapter 11.68 (Water Distribution Regulations) of the Pacific Grove Municipal Code in 2018.

2. A key purpose of these regulations was to promote immediate use of available potable water and inhibit water banking.

3. Chapter 11.68 of the Pacific Grove Municipal Code authorizes the City Council to distribute available water by resolution.

4. The City of Pacific Grove built and now operates its Local Water Project (PGLWP), also known as entitlement water, that produces recycled water which is used instead of potable water for landscape irrigation at the Pacific Grove Golf Links and the El Carmelo Cemetery; thus, freeing up potable water for use elsewhere in the City.

5. The Monterey Peninsula Water Management District (MPWMD) approved Ordinance No. 168 on January 27, 2016 to establish the City’s water entitlement based on potable water saved by the PGLWP.

6. The State Water Resources Control Board (SWRCB) has confirmed the City can allocate 47.88 acre-feet of entitlement water to allow increased uses of water at existing service addresses within the City but provides terms and conditions limiting the sale and use. The entitlement water is available to use on most Cal-Am service addresses within the City but cannot be used on properties without access to a pre-existing water meter.

7. On May 15, 2019, the City Council adopted Resolution 19-014, which authorized the City Manager to sell 47.88 acre/ft (AF) of water entitlements to be distributed and used in accord with the Pacific Grove Municipal Code Chapter 11.68, and further to be sold and used in accord with terms and conditions set by the SWRCB letter dated April 19, 2019.

8. Pacific Grove City Council Resolution 19-014 created a reserve of 11.5 AF of water entitlements for affordable housing to be deducted from the 47.88 of entitlement water for sale.

9. To date, there is approximately 19.2551 AF of entitlement water remains available for sale.

10. On January 27, 2025, the Monterey Peninsula Water Management District (MPWMD) adopted Ordinance No. 197, which allocated 32 acre-feet of water to the City of Pacific Grove in anticipation of the completion of the Pure Water Monterey Ground Water Replenishment Project (PWM/GWR) at the end of 2025.

11. The California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”), together with State Guidelines (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”) require that certain projects be reviewed for environmental impacts.

PGCC 11-5-2025

12. The City Council finds that the allocation of water to various types of uses is categorically exempt and covered by the CEQA Guidelines Section 15061(b)(3).

13. On September 10, 2025, the City Council considered the recommendations of staff on the distribution of available potable water from the PGLWP and PWM/GWR projects among five categories and directed that staff return with a resolution documenting these allocations.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF PACIFIC GROVE DOES RESOLVE AS FOLLOWS:

1. The City Council determines that each of the Findings set forth above are true and correct, and by this reference incorporates those Findings as an integral part of this Resolution.

2. The City Council allocates available potable water from the PGLWP and PWM/GWR projects among five categories in the amounts indicated in the following table:

PWM/GWR - 32 AFY
Residential 0
Affordable Housing 23 AFY
Commercial 6 AFY
Municipal 3 AFY
Unallocated Reserve 0
Total - 32 AFY
PGLWP – 19.2551
Residential 15 AFY
Affordable Housing 0
Commercial 0
Municipal 0
Unallocated Reserve 4.2551 AFY
Total - 19.2551 AFY

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this XXth day of November 2025, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:
_______________________________

NICK SMITH,
Mayor
PGCC 11-5-2025

ATTEST:DATED:_______________________
_______________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_______________________________
BRIAN PIERIK, City Attorney
PGCC 11-5-2025

Agenda No. 7 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Matt Mogensen, City Manager
MEETING DATE: November 05, 2025
SUBJECT: Second Reading of Ordinance to Amend the Fiscal Year 25/26 Operating and Capital Improvement Budget
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Hold second reading and adopt an ordinance amending the operating and capital budget for the Fiscal Year 2025-26.

DISCUSSION
There were no substantive changes between the first and second readings of the ordinance. The City Clerk caused a summary of the ordinance to be published on October 23, 2025.

The adopted 2025/26 Capital Improvement Program included $100,000 for a fire station alerting system upgrade to bring the Pacific Grove station up to date and using the same compatible emergency dispatch alert system as the other stations that Monterey Fire staffs. The original estimate provided for the Pacific Grove budget was based on the costs for purchase and installation at the Monterey Fire Stations.

Those prices were from late 2024 when the project was completed. The budget estimate was based on Fire Station 12 and Fire Station 13 since they had similar device counts and relative size. Those installations were $90-100k each. Monterey Fire did not get a formal quote from US Digital Designs (USDD) since they did not have the drawings and layouts for Station 14. Once they were able to get the drawings they began the process of obtaining a formal quote in April of 2025. The formal quote also involved a walkthrough of the fire station. The updated quote received is $142,724.25, which is $42,724.25 more than approved in the 2025/25 CIP budget.

Since the original estimate in late 2024, there has been a price increase with USDD, due to cost increases for the components and labor costs. Below are examples of the increases that have been factored into the quote:

1. Voice alert license is 30% more ($1,289 vs $927)

2. G2 message remotes are 30% more ($1,578 vs $1,282)

3. G2 message signs have increased by 200% ($2,700 vs $945)

4. Omni Strobe equipment is 40% more expensive ($1,417 vs $1,035) PGCC 11-5-2025

A majority of the cost increase (about $20,000) was from the installation costs due to labor increases.

After conducting the station walkthrough,USDD felt that there was additional labor (hours) required due to the specific layout and construction styles used at Station 14.

OPTIONS
Take an alternative action.

FINANCIAL IMPACT:

The project is being funded from the Fire Emergency Equipment Fund (Fund 12). There are adequate funds in Fund 12 to cover the updated cost of $142,724.25.

FOCUSED PRIORITY AREA: Infrastructure
Attachments
Ordinance
Updated Quote
PGCC 11-5-2025

ORDINANCE NO. 25-xxx

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE

AMENDING THE OPERATING AND CAPITAL PROJECTS BUDGET FOR THE FISCAL YEAR (FY) 2025-26
FACTS

1. The City Council approved the Fiscal Year 2025-26 Budget on June 18, 2025.

2. It is customary to amend the budget to adjust revenues and expenditures to reflect updated information since the adoption of the Fiscal Year 2024-25 Budget.

3. The City Manager is recommending amendments to the Fiscal Year 2025-26 Budget to reflect the unanticipated changes in the pricing for CIP projects.

4. The Council has determined it is appropriate to amend the approved budget for FY 2025-26.

5. Pursuant to Charter Article 156, an amendment of the budget must be approved by ordinance.

6. A summary of the Ordinance, approved by the City Attorney, was published on .

7. In the enactment of this ordinance, the City followed the guidelines adopted by the State of California and published in the California Code of Regulations, Title 14, Section 15000, et seq.

8. Enactment of this ordinance action does not constitute a “project” as defined by California Environmental Quality Act (CEQA) Guidelines Section 15378 because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF PACIFIC GROVE DOES ORDAIN AS FOLLOWS:

SECTION 1. The foregoing facts are adopted as findings of the City Council as set forth fully within the body of this ordinance.

SECTION 2: The expenditure budget for the Capital Projects - Fire Equipment Fund - Fire Station Alerting System is amended for this item from $100,000 to a total amount of $142,724.25.

SECTION 3. In accord with Article 15 of the City Charter, this ordinance shall become effective upon adoption hereof.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this 5th day of November, 2025, by the following
vote: AYES:

NOES:

ABSENT:

PGCC 11-5-2025

APPROVED:

NICK SMITH, Mayor
ATTEST:

SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:

BRIAN A. PIERIK, City Attorney
PGCC 11-5-2025

US DIGITAL DESIGNS Author: DWK
by Honeywell Date: 9/16/2025
1150 W Grove Pkwy St #110 Expires: 12/15/2025
Tempe, AZ 85283 Proposal: CA_PGRV002 v2
Quotation to:

City of Pacific Grove, CA
Pacific Grove Fire Department
Project:

G2 Fire Station Alerting System
One (1) Station System - FS14
Pricing pursuant to the Master Price Agreement entered into between League of Oregon Cities (LOC) and USDD, and made available to members of the National Purchasing Partners, LLC, dba Public Safety GPO, dba Law Enforcement GPO, and dba NPPgov - Contract #PS20350. More information available at: https://nppgov.com/contract/honeywell/ Pacific Grove Fire Department is a member: M-5726141
Paul Gyore
Principal Territory Manager
(602)-828-0287
(602)-687-1730
[email protected]
stationalerting.com
Installation by:

Tech Electric
Bob McCabe
This proposal is subject to corrections due to errors or omissions PROPRIETARY and CONFIDENTIAL TITLE Page 1 of 10
PGCC 11-5-2025

US DIGITAL DESIGNS Date: 9/16/2025
by Honeywell Expires: 12/15/2025
Quote Submitted To: Proposal:

City of Pacific Grove, CA CA_PGRV002 v2
Pacific Grove Fire Department
STATION 14
USDD Design Referenced:

USDD.CA_PGRV.FS14.FSA.2025.09.02

STATION SYSTEM LICENSES
Part No. Description Quantity US List Unit Unit Price Extended Price G2-VA G2 Voice Alert - Single Station License 1 $ 1,433.25 $ 1,289.93 $ 1,289.93 G2-APP-DLA G2 Mobile FSAS App 24 $ 15.00 $ 13.50 No Charge

STATION SYSTEM CONTROLLER
Part No. Description Quantity US List Unit Unit Price Extended Price ATX G2 ATX Station Controller 1 $ 23,272.50 $ 20,945.25 $ 20,945.25 UPS-STD ATX UPS, Standard 1 $ 1,017.64 $ 915.88 $ 915.88 UPS-WMB Wall-Mount for UPS (Shelf/Bracket) 1 $ 77.25 $ 69.53 $ 69.53

STATION SYSTEM PERIPHERAL COMPONENTS
Part No. Description Quantity US List Unit Unit Price Extended Price TV-R G2 HDTV Remote 1 $ 1,121.50 $ 1,009.35 $ 1,009.35
PB-B Push Button, Standard (Black) 1 $ 126.50 $ 113.85 $ 113.85 PB-R Push Button, Emergency (Red) 1 $ 126.50 $ 113.85 $ 113.85 MR-2 G2 Message Remote 2 3 $ 1,753.75 $ 1,578.38 $ 4,735.14 USDD-LCD-SIGN G2 LCD Message Sign 2 $ 3,000.00 $ 2,700.00 $ 5,400.00 MS-MNT MS Mount - Articulating 2 $ 390.00 $ 351.00 $ 702.00 RR-2 G2 Room Remote 2 4 $ 2,275.35 $ 2,047.82 $ 8,191.28 SPK-LED-FM G2 Speaker - LED Illuminated, Flush Mount 14 $ 374.00 $ 336.60 $ 4,712.40 SPK-LED-SM G2 Speaker - LED Illuminated, Surface Mount (Metal Box) 13 $ 374.00 $ 336.60 $ 4,375.80 SPK-OAS G2 Speaker - OmniAlertStrobe 3 $ 1,575.00 $ 1,417.50 $ 4,252.50 SPK-W-SM Speaker - Appbay/Outdoor - Weatherized, Surface Mount 2 $ 373.75 $ 336.38 $ 672.76 STR-2 G2 Strobe Light / Red LED 1 $ 661.50 $ 595.35 $ 595.35

STATION SYSTEM SERVICES
Part No. Description Quantity US List Unit Unit Price Extended Price ST-INST Station Installation by: Tech Electric 1 $ 73,662.60 $ 73,662.60 $ 73,662.60 ST-SU Station Configuration & Commissioning 1 $ 2,750.00 $ 2,475.00 $ 2,475.00 ST-PM Station Project Management 1 $ 1,350.00 $ 1,215.00 $ 1,215.00 ST-ES Station Engineering & Design Services 1 $ 750.00 $ 675.00 $ 675.00 PROPRIETARY and CONFIDENTIAL FS14 Page 2 of 10
PGCC 11-5-2025

STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT Part No. Description Quantity US List Unit Unit Price Extended Price RS-1YR-STD
[STANDARD] 1st Year Warranty & Support - Included with Initial Purchase
Technical phone support Monday through Friday from 08:00 to 17:30 MST, excluding USDD holidays;
Remote access support Monday through Friday from 08:00 to 17:30 MST, excluding USDD holidays;

1.0 $ 6,454.99 $ 5,809.49 No Charge
STATION 14
Equipment Only: $ 58,094.87
System: $ 136,122.47
Shipping: $ 1,228.00
Warranty & Support: $ -
Estimated Tax: $ 5,373.78
Station Subtotal: $ 142,724.25
Warranty & Support Notes:

Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement. USDD cannot warrant nor support any system configuration that deviates from this specific proposal's documented station system design file number. USDD cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannot warrant nor support any system not installed by G2 Trained & Certified Installation technician (installer). If customer intends to tie this system into any 3rdparty system or devices, USDD will be unable to warrant or support the sytem until we've had a chance to review documented engineering assumptions and approve system integrity, performance and reliability expectations.

For FSAaaS Program: The cost of service and support beyond initial warranty period is included in the FSASaaS Program for a total of 5 years. The service and support includes Mobile Smart Phone Alerting App and Mapping Services. Please see the FSASaaS Subscription Agreement for more information concerning the service and support provided by USDD. USDD cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannnot warrant nor support any system not installed by G2 Trained & Certified Installation technician (installer). If customer intends to tie this system into any 3rd-party system or devices, USDD will be unable to warrant or support the sytem until we've had a chance to review documented engineering assumptions and approve system integrity, performance and reliability expectations.

Station System Installation Notes:
01 - Unless specifically detailed in this proposal, no installation by USDD or it's subcontractors is assumed or provided. 02 - Because these are mission-critical systems, USDD can only warrant and support systems installed by G2 Trained and Certified Contractors. 03 - USDD can source, qualify, train and certify Local Licensed Regional Subcontrators where needed. 04 - Installation warranted by installation contractor - G2 FSAS warranted, serviced and supported by USDD. 05 - Unless specifically detailed in this proposal, installation to be performed during normal working hours. 06 - Unless specifically detailed in this proposal, no permit fees or material charges have been included. 07 - Unless specifically detailed in this proposal, no removal or remediation has been assumed or included. 08 - Unless specifically detailed in this proposal, no bonds of any type (performance, bid) have been assumed,included or budgeted for in this proposal. 09 - USDD FSAS Equipment to be made available by owner to Installation Contractor prior to on-site arrival. 10 - Structural backing for system devices and other millwork (not specifically detailed) by others. 11 - If applicable, Gas Control Shutoff Valve Addendum (to USDD and installation contractor) must be signed prior to installation. 12 - All electrical power, including (but not limited to) raceway,conduit, backboxes, service panels, high-voltage wiring and fixtures by others. 13 - All communications pathway infrastructure (network, radio, etc.) by others unless specifically detailed in this proposal. 14 - USDD cannot warrant nor support any owner-furbished (3rd-Party) system or component we are required to integrate with. USDD cannot warrant nor support any system or component it has not proofed engineering for and has not specifically authorized for use within public safety environments. 15 - Any misuse, unauthorized modification, improper installation, excessive shock, attempted repair, accident, or improper or negligent use, storage, transportation, or handling by any party other than USDD shall render this limited warranty null, void and of no further effect PROPRIETARY and CONFIDENTIAL FS14 Page 3 of 10
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US DIGITAL DESIGNS Date: 9/16/2025
by Honeywell Expires: 12/15/2025
Quote Submitted To: Proposal:

City of Pacific Grove, CA CA_PGRV002 v2
Pacific Grove Fire Department
Unless Otherwise Noted, All Prices are $USD
STATION 14 SYSTEM: 137,350.47
STATION 14 WARRANTY & SUPPORT: -
STATION 14 ESTIMATED TAX: 5,373.78
US Digital Designs System Total: $ 142,724.25
(TBD By Customer) Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement Dispatch or station level training is not included in this proposal. Contact your Regional Territory Manager to schedule additional training if needed
Section Totals
Notes: One (1) Station System currently included in this proposal with installation by Tech Electric.

PROPRIETARY and CONFIDENTIAL SECTION TOTALS Page 4 of 10 PGCC 11-5-2025

TERMS AND CONDITIONS OF HONEYWELL PRODUCT SALES
These terms and conditions of sale (“Terms and Conditions”) are adopted effective January 1, 2023 (the “Terms and Conditions Effective Date”), and supersede all prior versions covering the sale of products and related services (collectively, “Products”, as defined more specifically below) by Honeywell International Inc., through its US Digital Designs group (“Honeywell”). References to “Customer”, “you”, or “your” all pertain to the purchaser of Products. These Terms and Conditions, together with any separate agreement you may have with Honeywell that specifically references these Terms and Conditions (collectively, the “Agreement”) set forth the entire agreement between the parties relating to your purchase of Honeywell Products. The Agreement may only be modified by an authorized representative of each party in a signed writing.

1. ORDERS. Orders (including any revised and follow-on orders) (each, an “Order”) for Honeywell Products are non-cancelable, except as expressly set forth herein, and will be governed by the terms of the Agreement. All Orders are subject to acceptance by Honeywell and shall include the following information: purchase order number; customer’s legal name and billing address; Customer’s shipping address; and a list of the Products and quantities for each different type of Product Customer wishes to order. Honeywell’s acknowledgment of its receipt of an Order shall not constitute acceptance of such Order.

1.1 No Returns. Because of the nature of System and its Products, Honeywell cannot accept returns of Product for refund, credit, exchange or any other purpose. Notwithstanding, defective Products may be returned as provided for under Section 9.4 – Return Material Authorization Process. Customer must thoroughly assess its requirements and specifications prior to ordering.

2. REMITTANCES. All invoices shall be due and payable upon receipt in United States currency, free of exchange or any other charges, or as otherwise agreed in writing by Honeywell.

3. QUOTE PRICING. This proposal expires 30 days after its date. Prices are subject to correction for error. Prices, terms, conditions, and Product or Service specifications are subject to change without notice. Pricing is subject to immediate change upon announcement of Product discontinuance.

4. PAYMENT.

4.1. Invoicing & Payment. Honeywell reserves the right to invoice Customer monthly for all materials delivered. Invoices are due thirty (30) days from the date of the invoice, unless prepayment is required in the quote. If the Customer becomes overdue in any progress payment, Honeywell shall be entitled to suspend further shipments, shall be entitled to interest at the annual rate of 18%, or the maximum amount allowed by law, and shall also be entitled to avail itself of any other legal or equitable remedies. Customer agrees that it will pay and/or reimburse Honeywell for any and all reasonable attorneys’ fees and costs which are incurred by Honeywell in the collection of amounts due and payable hereunder.

4.2. Payment Disputes. Any disputes must be provided to Honeywell as soon as possible and must be accompanied by detailed supporting information. Disputes as to invoices are deemed waived fifteen (15) days following the invoice date. In the event that any portion of an invoice is undisputed, such undisputed amount must be paid by no later than the invoice due date.

4.3. No Set Off. Neither Customer nor any related entities (or representatives or agents thereof) shall attempt to set off or recoup any invoiced amounts or any portion thereof against other amounts that are due or may become due from Honeywell, its parent, affiliates, subsidiaries or other legal entities, business divisions, or units.

4.4. Credit Card Payments. All Honeywell quotes are developed for the Customer with the understanding that any purchase of the Products listed thereon will facilitated using to Honeywell’s standard Purchase Order and Invoice process. If Ccustomer would rather seek to use a Credit Card for purchase, then said order would be subject to a 4% credit card surcharge.

5. SURCHARGES.

5.1. For avoidance of doubt, Orders placed prior to the Terms and Conditions Effective Date which have not been delivered, including those on backlog or which requested delivery more than twelve (12) months from the date of Order, are subject to Surcharges.

5.2. Honeywell will invoice Customer, and Buyer agrees to pay for any Surcharges pursuant to the standard payment terms in these Terms and Conditions. If a dispute arises with respect to Surcharges and that dispute remains open for more than fifteen (15) days, Honeywell may, in its sole discretion, withhold performance or future shipments, or combine any other rights and remedies under this Agreement or permitted by law, until the dispute is resolved. The terms of this Section shall prevail in the event of inconsistency with any other terms in these Terms and Conditions. Any Surcharges, as well as the timing, effectiveness, and method of determination thereof, will be separate from and in addition to any changes to pricing that are affected by any other provisions in these Terms and Conditions.

6. CANCELLATION AND SUSPENSION. Any Order resulting from this proposal is subject to cancellation or instructions to suspend work by the Customer only upon agreement to pay Honeywell for all work in progress, all inventoried or ordered project parts and materials, and all other costs incurred by Honeywell related to the Order.

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7. TAXES. Honeywell’s pricing excludes all taxes (including but not limited to sales, use, excise, value-added, and other similar taxes), tariffs and duties (including, but not limited to, amounts imposed upon the Product(s) or bill of material thereof under any Trade Act, including, but not limited to, the Trade Expansion Act, section 232 and the Trade Act of 1974, section 301) and charges (collectively “Taxes”). All Taxes of any kind levied by any federal, state, municipal or other governmental authority, which tax Honeywell is required to collect or pay with respect to the production, sale, or delivery of products sold to Customer, shall be the responsibility of and be invoiced to Customer, unless, at the time of Order placement, Customer furnishes Honeywell with a valid exemption certificate or other documentation sufficient to verify exemption from Taxes, including, but not limited to, a direct pay permit. Customer agrees to pay all such Taxes and further agrees to reimburse Honeywell for any such payments made by Honeywell.

8. SHIPPING/DELIVERY/RISK OF LOSS.

8.1. Delivery Liability. Delivery and shipment dates for Products are estimates only. Deliveries may be made in partial shipments. Honeywell and its affiliated entities are not liable, either directly or indirectly, for delays of carriers or delays in connection with any Force Majeure Event (as defined in Section 17 below), and the estimated delivery date shall be extended accordingly.

8.2. Future Delivery and Repricing. Honeywell will schedule delivery in accordance with its standard lead times unless the Order states a later delivery date or the parties otherwise agree in writing. Honeywell will accept Orders with a future ship date of up to eighteen (18) months from the date of the entry of the Order. Customer agrees that in the event an Order is scheduled to be delivered more than six (6) months from the date of the entry of the Order, Honeywell may, in its sole determination and at each six (6) month anniversary of the date of the entry of the Order, adjust the pricing of the Order to conform to the then-current prices of the Honeywell Products included in the Order.

Honeywell will include any repricing in its final invoice related to the Order.

8.3. Storage Fees. If delivery takes place more than six (6) months from the date of the entry of the Order, Customer agrees to pay Honeywell a storage fee (the “Storage Fee”), as set forth in the quote, for each month after six (6) months from the date of the entry of the Order Customer has not taken delivery of the Products in the Order. Honeywell will separately invoice any storage fees owed under this Section at the end of each month for which the storage fees are owed.

8.4. Title & Risk of Loss. Unless otherwise specifically detailed in this quote, delivery terms for Products (excluding software and services) are (i) EX Works (EXW Incoterms 2020) Honeywell’s point of shipment (“Honeywell Dock”) for all shipments (except that Honeywell is responsible for obtaining any export license), and (ii) F.O.B. Honeywell Dock for all domestic shipments. For shipments from a Honeywell Dock to a Buyer location within the same country, the import/export provisions of the INCOTERMS do not apply. Honeywell shall be responsible for obtaining insurance on each shipment to Customer for the full value of the shipment. Shipment shall be to a single point of delivery.

9. LIMITED WARRANTY. CUSTOMER’S EXCLUSIVE REMEDIES AND HONEYWELL’S SOLE LIABILITY AS TO ANY WARRANTY CLAIM ON ANY PRODUCT SOLD IN CONNECTION WITH THIS QUOTE IS AS SET FORTH IN THIS SECTION. SUCH REMEDIES ARE IN LIEU OF ANY

OTHER LIABILITY OR OBLIGATION OF HONEYWELL, INCLUDING WITHOUT LIMITATION ANY LIABILITY OR OBLIGATION FOR DAMAGE,

LOSS, OR INJURY (WHETHER DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL) ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE PRODUCTS. CREDIT, REPAIR OR REPLACEMENT (AT HONEYWELL’S OPTION) IS THE SOLE REMEDY PROVIDED HEREUNDER. NO EXTENSION OF THIS WARRANTY WILL BE BINDING UPON HONEYWELL UNLESS SET FORTH IN WRITING AND SIGNED BY A HONEYWELL AUTHORIZED REPRESENTATIVE.

9.1. Product Warranty Terms. Subject to the terms, conditions and limitations contained herein, and unless Honeywell has otherwise provided an alternative written warranty (in which case the terms of such warranty will control), Honeywell warrants and guarantees its products will be free from defects in workmanship and materials (collectively, “Defects”) for 12 months from Customer’s the “Go Live Date” (“Warranty Period”). This limited warranty does not cover defects caused by normal wear and tear or maintenance. For purposes of subparagraph, “Go-Live Date” shall mean means the date on which an authorized Honeywell technician has inspected and approved installations, confirmed that all connections and start-up configurations are properly working, and confirming the System can send and receive alerts through the configured communication pathways.

9.2. Product Defects. If a Defect with a Product arises and a valid claim is made within the Warranty Period, Customer shall initiate the RMA process as described below. Upon approval, Honeywell at its option, will either (1) repair the Product defect at no charge, using new parts or parts equivalent to new in performance and reliability or (2) exchange the Product with a Product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original Product. Any replacement Product or part, including a user-installable part that has been installed in accordance with instructions provided by Honeywell, shall remain under warranty during the Warranty Period or for ninety (90) days from the date of repair, whichever is longer. When a Product or part is exchanged, any replacement item becomes the Customer’s property and the replaced item becomes the property of Honeywell. Parts provided by Honeywell in fulfillment of its warranty obligation must be used in the same Honeywell Fire Station Alerting System for which the warranty claim is made.

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9.3. Procedure for Warranty Claims.

9.3.1. Prior to making a Warranty claim, Customer is encouraged to review Honeywell’s online help resources. Thereafter, to make a valid claim hereunder, Customer must contact Honeywell technical support and describe the problem or defect with specificity. The first such contact must occur during the Warranty Period. Honeywell’s technical support contact information can be found on Honeywell’s web site at https://buildings.honeywell.com/us/en/brands/our-brands/usdd. Customer must use its best efforts to assist in diagnosing defects, follow Honeywell’s technical instructions, and fully cooperate in the diagnostic process. Failure to do so shall relieve Honeywell of any further obligation hereunder.

9.3.2. If a defect with the Hardware arises and Customer makes a valid Support Service Request within the Warranty Period, Customer shall initiate the RMA process as described below. Upon approval, Honeywell will cause shipment of a replacement Hardware component to Customer prior to the defective Hardware component being returned to Honeywell for repair. The replacement Hardware will be new or equivalent to new in performance and reliability and at least functionally equivalent to the original Hardware. When Hardware is exchanged, any replacement item becomes the Customer’s property and the replaced item becomes the property of Honeywell. Replaced Hardware provided by Honeywell in fulfillment of the Support Services must be used in the System to which this Agreement applies.

9.4. Return Material Authorization Process.If a Customer makes a claim for an advanced replacement of a Hardware component during the Warranty Period, Customer must initiate an RMA request. As part of this RMA process, the Customer shall provide Honeywell with the Hardware, model, serial number, and a description of the Hardware’s failure to initiate the RMA process. Upon Honeywell’s issuance of the RMA, Honeywell will send the replacement Hardware, shipped postage paid, ground shipping, to the address provided by Customer. RMA requests approved between 12:00 a.m. and 2:00 p.m. Mountain Standard Time are shipped on the same business day. After 2:00 p.m.

Mountain Standard Time, the replacement Hardware will be shipped on the next business day. All RMA requests are processed on the business day on which the request was received, excluding holidays. Included with the shipped package will be return shipment instructions and a pre-paid return shipping label for the Hardware that the Customer is returning. The original Hardware must be returned in the shipping box provided by Honeywell. No goods will be accepted for exchange or return without a pre-approved RMA number, nor will goods which have not been properly packaged in Honeywell’s shipping box, as proper packaging ensures that goods are not damaged during the shipping process. The original Hardware must be shipped back within 10 days of receiving the replacement Hardware. Failure to return the original Hardware or failure to return the original Hardware in an appropriate manner will cause Customer to incur a replacement charge equal to full market value of the replacement Hardware.

9.5. No Fault Found. Customer understands that this fee is intended to discourage return of Products prior to proper troubleshooting or return because the product is “old.” Product returns will not be allowed if, upon examination of the returned Product, it is determined that the Product was subjected to accident, misuse, neglect, alteration, improper installation, unauthorized repair, improper testing, or poor packaging upon return. In such event, Honeywell shall invoice Customer for the full market value of the replacement Product.

9.6. WARRANTY EXCLUSIONS & DISCLAIMERS.

9.6.1. Honeywell does not warrant that the operation of its Products or any related peripherals will be uninterrupted or error-free.

Honeywell further does not warrant nor support any system configuration that deviates from this specific quote’s documented station system design file number.

9.6.2. Honeywell does not warrant or support any system not installed by G2 Trained & Certified Installation technician (installer). If Customer intends to tie this system into any 3rd-party system or devices, Honeywell will be unable to warrant or support the Products unless Honeywell has had a chance to review documented engineering assumptions and approve system integrity, performance, and reliability expectations.

9.6.3. Honeywell is not responsible for damage arising from Customer’s failure to follow instructions relating to the use of the Products.

This Warranty does not apply to any Products, including the hardware or software, not used for its intended purpose.

9.6.4. Honeywell cannot warrant nor support any system not using Honeywell-approved Uninteruptable Power Supply Battery Backup.

This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively to the manufacturer’s warranty, if any. Recovery and reinstallation of hardware and user data (including passwords) are not covered under this Warranty.

9.6.5. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with non-Honeywell products; (d) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causes; (e) to damage caused by operating the Product outside the permitted or intended uses described by Honeywell; (f) to damage or failure caused by installation or service (including upgrades and expansions) performed by anyone who is not a representative of Honeywell or a Honeywell authorized installer or service provider; (g) to a Product or part that has been modified to alter functionality or capability without the written permission of Honeywell; (h) to Software (as defined below); (i) to any other damage caused by an event or action outside of Honeywell’s control, including, without limitation, Customer’s failure to apply required or recommended updatres or patches to any Software or Product; or (h) if any serial number has been removed or defaced.

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10. LIMITATIONS OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND

CONDITIONS AND ANY OTHER REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW,

HONEYWELL SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT

LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If Honeywell cannot lawfully disclaim statutory or implied warranties, then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by Honeywell in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND CONDITIONS, AND TO THE EXTENT

PERMITTED BY LAW, HONEYWELL IS NOT RESPONSIBLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL

DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL; LOSS OF REPUTATION; AND LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. HONEYWELL IS NOT RESPONSIBLE FOR

ANY INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY

COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH HONEYWELL PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT.

L PRODUCT CLAIMS ARE LIMITED TO THOSE EXCLUSIVE REMEDIES SET FORTH IN THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND CONDITIONS. HONEYWELL’S AGGREGATE LIABILITY IN CONNECTION WITH THEREWITH SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS PAID BY CUSTOMER TO HONEYWELL FOR THE PRODUCTS GIVING RISE TO THE CLAIM.

Honeywell disclaims any representation that it will be able to repair any Hardware under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereon.

11. SERVICE AGREEMENT. The Product being purchased hereunder is not subject to any post-Warranty service agreement or maintenance program unless specifically contracted for between Honeywell and Customer. Honeywell offers a comprehensive post-Warranty Service Agreement at additional cost. Customer should contact Honeywell regarding its Service Agreement and costs associated therewith.

12. SOFTWARE PRODUCTS. All software Products delivered by Honeywell to Customer or for which Honeywell provides access, including, without limitation, Honeywell’s mobile application software and Products with embedded software or firmware (collectively, “Software”) are not sold and are licensed. At all times that Customer is in compliance with the terms of these Terms and Conditions and any other agreement between the parties, Customer shall have a non-exclusive, non-transferable, fully paid license to use the Software, but only in conjunction with the Products provided by Honeywell and Customer’s fire station alerting system (the “License”). The terms of such Software License may be set forth in a separate software license agreement or end user license agreement provided by Honeywell with such Software. In no event shall Customer have any right to (or authorize or allow any third party to) distribute, sell, lend, rent, transfer, or convey the Software; grant any sublicense, lease, or other rights in the Software; decompile, disassemble, reverse engineer, or otherwise attempt to reconstruct, identify, or discover any source code, underlying user interface architecture or techniques, or algorithms of the Software by any means; or take any action that would cause the Software or any portion of it to be placed in the public domain. In the event of a conflict between the terms of any Software license terms provided upon download or purchase a purchase and these Terms and Conditions, the relevant Software license terms shall control solely with respect to such Software.

13. INTELLECTUAL PROPERTY: Customer hereby agrees and acknowledges that Honeywell owns all rights, title, and interest in and to the Intellectual Property (as defined below). Customer agrees to not remove, obscure, or alter Honeywell’s or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Honeywell’s Product (as defined below). Nothing herein shall be deemed to give, transfer, or convey to Customer any rights in the Intellectual Property other than the License, as set forth above. For purposes of this Section,“Intellectual Property" means any and all rights of Honeywell related to Honeywell’s Products existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all derivative works, work product, applications, renewals, extensions and restorations thereof, now or hereafter in force and effective worldwide.

14. FIRST ARRIVING MOBILE APP. If Customer wishes to use its First Arriving Mobile App (“First Arriving”) with the System being acquired from Honeywell, Customer agrees to the following:

14.1 Customer acknowledges that it bears full responsibility for complying with applicable law and resultations, including all privacy requirements, and for providing any required notices and obtaining all required consents in order for Honeywell to transmit alert to First Arriving. Customer also acknowledges that Honeywell bears no responsibility for any service failure by First Arriving, nor is Honeywell responsible for supporting First Arriving’s services or platform. Honeywell is offering to transmit alerts that are transmitted through its Honeywell service to First Arriving merely as a courtesy to Customer.

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14.2 IN NO EVENT SHALL HONEYWELL BE LIABLE TO CUSTOMER FOR ANY CLAIMS, WHETHER ARISING FROM ANY INDEMNIFICATION

OBLIGATION HONEYWELL MAY HAVE OR THAT ARISE FROM A BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING

NEGLIGENCE), OPERATION OF LAW, OR OTHERWISE, AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE

LIABILITY OR THE LIABILITY IS OTHEWISE FORESEEABLE, FOR ANY LOST PROFITS OR REVENUE, SPECIAL, INCIDENTAL, INDEIRECT,

CONSEQUETIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING ALL DAMAGES DUE TO BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA, OR LOST USE OF ANY PROPERTY OR CAPITAL) THAT RELATE TO OR ARISE OUT OF HONEYWELL’S TRANSMISSION OF ALERTS TO FIRST ARRIVING. FURTHER HONEYWELL’S AGGREGATE LIABILITY IN CONNECTION WITH ITS

TRANSMISSION OF ALERTS TO FIRST ARRIVING WILL BE LIMITED TO THE GREATER OF THE AMOUNT PAID BY CUSTOMER TO HONEYWELL IN ORDER FOR HONEYWELL TO TRANSMIT ALERTS TO FIRST ARRIVING OR $100. 15 REMOTE ACCESS TO THE SYSTEM.

15.1 Remote Access. Honeywell requires remote network access to the Customer’s Products through Secure Shell (SSH) to perform implementation and support tasks under this Agreement. To enable remote network access, the Customer will provide Honeywell support personnel VPN or similar remote network access to the Products for Honeywell support personnel (“Customer Support”) to effectively troubleshoot critical or complex problems and to expedite resolution of such issues. Remote network access is also used to install core software upgrades and customized software. Honeywell will only access Customer’s Products with the knowledge and consent of Customer. Honeywell will not access any other systems or data.

15.2. Alternative to Network Access. If the Customer elects not to provide remote network access to the Products, then Honeywell may not be able to perform some support functions. Customers that elect not to routinely provide network access may temporarily reinstate this access to allow Honeywell to perform the above services. The following services will not be performed without this access: Product software upgrades; Product software customization; Network troubleshooting assistance including packet capture and network monitoring on Honeywell devices; Detailed log analysis; Bulk updates to certain Product database tables; Troubleshooting that requires low-level system access or large file transfer.

15.3. Timely Access. Customers much ensure that remote access is available prior to notifying Honeywell of a support request. In the event that the Customer is unable to provide remote access, Honeywell will not be required to provide support outside those tasks that do not require remote access, and any corresponding resolution response times will not apply.

15.4. Physical Security Tokens. Honeywell has multiple software engineers that provide after-hours support and these engineers do not typically take security tokens from the Honeywell office. If the customer requires the use of physical security tokens, this may delay after hours service.

16. GOVERNING LAW. This proposal and any contract or agreement resulting therefrom will be governed by and construed according to the laws of the State of Arizona without regard to its conflicts of law principles.

17. DISPUTE RESOLUTION/ARBITRATION. Before either Honeywell or Customer initiate any dispute resolution process related to the Agreement, they must schedule an executive resolution conference to be held within thirty (30) days of receipt of the other party’s written request. The conference must be attended by at least one executive from each party. At the conference, each party will present its view of the dispute in detail and the executives will enter into good faith negotiations in an attempt to resolve the dispute. If the dispute is not resolved within fifteen (15) days of the end of the conference or if one party refuses to attend the executive resolution conference, then Honeywell and Customer further agree that any remaining dispute between them arising out of or relating to this Agreement will be settled by litigation with jurisdiction being Maricopa County, Arizona.

18. FORCE MAJEURE. Except for Customer’s duty to pay sums due hereunder, neither party will be liable to the other for any failure to meet its obligations due to any Force Majeure Event. As used herein, a “Force Majeure Event” is one that is beyond the reasonable control of the non-performing party and may include, but is not limited to: (a) delays or refusals to grant an export license or the suspension or revocation thereof, (b) embargoes, blockages, seizure or freeze of assets, or any other acts of any government that would limit a party’s ability to perform the Contract, (c) fires, earthquakes, floods, tropical storms, hurricanes, tornadoes, severe weather conditions, or any other acts of God, (d) quarantines, pandemics, or regional medical crises, (e) labor strikes, lockouts, or pandemic worker shortages, (f) riots, strife, insurrection, civil disobedience, landowner disturbances, armed conflict, terrorism or war, declared or not (or impending threat of any of the foregoing, if such threat might reasonably be expected to cause injury to people or property), and (g) shortages or inability to obtain materials or components. The party unable to fulfill its obligations due to Force Majeure will promptly (i) Notify the other in writing of the reasons for its failure to fulfill its obligations and the effect of such failure; and (ii) Use all reasonable efforts to avoid or remove the cause and perform its obligations.

If a Force Majeure Event results in a delay, then the date of performance will be extended by the period of time that the non-performing party is actually delayed or for any other period as the parties may agree in writing. In the event that a Force Majeure Event is ongoing for a period of time which is sixty (60) days or longer, Honeywell may provide notice to Customer that it is cancelling its Order.

19. ACCEPTANCE OF TERMS. This proposal shall become a binding contract between the Customer and Honeywell when accepted in writing by the Customer. Without limiting the foregoing, issuance by Customer of a purchase order to Honeywell for any of the goods or services herein described shall constitute acceptance.

20. SEVERABILITY. In the event any provision or portion of a provision herein is determined to be illegal, invalid, or unenforceable, the validity and enforceability of the remaining provisions shall not be affected and, in lieu of such provision, a provision as similar in terms as may be legal, valid, and enforceable shall be added hereto.

21. WAIVER. The failure of either party to insist upon strict performance of any provision of these Terms and Conditions, or to exercise any right provided for herein, shall not be deemed to be a waiver for the future of such provision or right, and no waiver of any provision or right shall affect the right of the waiving party to enforce any provision or right herein.

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22. NO JOINT VENTURE. The parties acknowledge that they are independent entities and nothing contained in these Terms and Conditions shall be construed to constitute either party hereto as the partner, joint venturer, employee, agent, servant, franchisee, or other representative of the other party hereto, and neither party has the right to bind or obligate the other, except as otherwise provided herein.

Furthermore, nothing contained in these Terms and Conditions shall be construed to constitute Customer as an exclusive purchaser of the Products in any respect.

THIS QUOTE SUBJECT TO REVIEW FOR ERRORS AND OMISSIONS.

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Agenda No. 8 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Joe Amelio, Mayor Pro Tem
MEETING DATE: November 05, 2025
SUBJECT: Monterey-Salinas Transit Minutes for September 8, 2025 CEQA:

RECOMMENDATION
Receive the minutes.

Attachments
MST Minutes 9-8-25
PGCC 11-5-2025

Agenda # 3-2
October 13, 2025 Meeting

MEETING OF THE MST BOARD OF DIRECTORS
Meeting Minutes
September 8, 2025
9:00 a.m. (Pacific)

Present: Lorraine Worthy, Vice Chair City of Gonzales
Bob Delves City of Carmel-by-the-Sea
Kim Shirley City of Del Rey Oaks
Ariana Rodriguez City of Greenfield
Mike LeBarre City of King
Liesbeth Visscher City of Marina
Ed Smith City of Monterey
Joe Amelio City of Pacific Grove
Tony Barerra City of Salinas
Dave Pacheco City of Seaside
Fernando Cabrera City of Soledad
Luis Alejo County of Monterey

Absent: Mary Ann Carbone, Chair City of Sand City

Counsel: Michael D. Laredo General Counsel, De Lay & Laredo Staff: Carl Sedoryk General Manager/CEO
Lisa Rheinheimer Deputy CEO
Kelly Halcon Chief Human Resources Officer
Michael Kohlman Chief Information Officer
Norman Tuitavuki Chief Operating Officer
Michelle Overmeyer Director of Planning and Innovation
Jeanette Alegar-Rocha Deputy Secretary/Clerk to the Board Andrea Williams Finance Manager
Beronica Carriedo C/S and Community Relations Supervisor Cristy Sugabo Mobility Manager
Christine Church Compliance Officer
Daniel Bruno Scheduling Assistant
Daniel Rodriguez Customer Service Representative
Danitza Lopez Human Resources Assistant
Emma Patel Planning Manager
Greg Burchell Operations Supervisor
Ikuyo Yoneda-Lopez Marketing and Communications Manager PGCC 11-5-2025

Jacob Newman Communications Specialist
Jason Anderson Drug and Alcohol Coordinator
Jose Sanchez Barajas Assistant Planner
Kelly Soriano Mobility Specialist
Luiza Hatlestad Mobility Specialist
Marzette Henderson Transportation Manager
Paul Lopez Facilities Manager
Rolando Munoz Mobility Specialist
Scott Taylor Information Technology Manager
Steven Bruno Purchasing Agent
Susie Flores Grants Analyst
Ursulla Scardina Communications Specialist
Vince Dance Project Management Coordinator
Public: Willie Gray MST Navigator Volunteer
Katherine Tsou Hanson Brigette
Chris Duymich AMBAG
Javier Gomez County of Monterey
Jasmine Mejia-Cortes County of Monterey
Linda Gonzales County of Monterey

1. CALL TO ORDER
1-1. Roll Call.
1-2. Pledge of Allegiance
Vice Chair Worthy called the meeting to order at 9:00 a.m. Roll call was taken and a quorum established. Director Ed Smith led the pledge of allegiance. 1-3. Highlights of the agenda. (Carl Sedoryk)
General Manager/CEO, Carl Sedoryk reviewed highlights of the Agenda.

2. CLOSED SESSION
Comments from the public will not receive Board action. Comments must deal with matters on the Closed Session agenda and will be limited to three minutes. 2-1. Conference with Monterey-Salinas Transit and ATU Labor Contract – Gov.

Code § 54957.6. (Michael Laredo, Kelly Halcon) (No Enclosure) There were no public comments on item 2-1.

Michael Laredo, MST General Counsel, reported that the Board discussed closed session item 2-1 and the proposal is listed on the agenda as item 7-1 for the Board to take action.

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3. PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA
Willie Gray, MST Volunteer Navigator and member of the public shared a photo of an old Salinas transit bus with the Board.

4. CONSENT AGENDA
These items will be approved by a single motion. Anyone may request that an item be discussed and considered separately.
4-1. Financial Reports –July 2025 (Lori Lee) (Page 7)
a) Accept Report of July 2025 Cash Flow
b) Approve July 2025 Disbursements
c) Accept report of July 2025 Treasury Transactions
4-2. Approve Minutes of the MST Board Meeting and Strategic Planning Workshop on August 11, 2025. (Jeanette Alegar-Rocha) (Page 21) 4-3. Receive Draft Minutes of the Measure Q Oversight Committee Meeting on August 18, 2025. (Jeanette Alegar-Rocha) (Page 27)
4-4. Adopt Resolution 2026-04 Recognizing Greg Burchell, Operations Supervisor as Employee of the Month for August 2025. (Marzette Henderson) (Page 31)
4-5. Adopt Resolution 2026-05 Recognizing Kelly Soriano, Mobility Specialist as Employee of the Month for September 2025. (Cristy Sugabo) (Page 33) 4-6. Receive Draft Minutes of the Mobility Advisory Committee Meeting on July 30, 2025. (Ruben Gomez) (Page 35)
4-7. Approve Amendment #1 to the Memorandum of Understanding (MOU) Among the Transportation Agency for Monterey County (TAMC), the City of Salinas, and MST Regarding Use of the Salinas Intermodal Transportation Center. (Michelle Overmeyer) (Page 39)
4-8. Approve List of Thirteen (13) MST-Owned Vehicles as Surplus Property and Direct Staff to Dispose the Vehicles Using the Most Economical Method Available. (Norman K. Tuitavuki) (Page 45)
4-9. Appoint Thomas De La Cruz to the Mobility Advisory Committee for a 3-Year Term.(Cristy Sugabo) (Page 47)
End of Consent Agenda
There were no public comments on the Consent Agenda.

Director Amelio arrived at 10:25 a.m.

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Vice Chair Worthy abstained from item 4-2 as she was absent at the August 11, 2025 Board meeting and Strategic Planning Workshop.

On a motion by Director Alejo and seconded by Director Smith, the Board unanimously approved the Consent Agenda with Directors Carbone and LeBarre noted as absent.

5. RECOGNITIONS AND SPECIAL PRESENTATIONS
5-1. August 2025 Employee of the Month – Greg Burchell, Operations Supervisor. (Marzette Henderson)
5-2. September 2025 Employee of the Month – Kelly Soriano, Mobility Specialist. (Cristy Sugabo)
5-3. 25 Year Service Anniversary for Christopher Carbonell, Coach Operator. (Marzette Henderson)
5-4. Recognition of the MST Facilities Team for their Supreme Efforts Renovating the Rianda Operations Center. (Norman Tuitavuki/Carl Sedoryk)

6. PUBLIC HEARINGS
None.

7. ACTION ITEMS
7-1. Ratify the Collective Bargaining Agreement (CBA) between Amalgamated Transit Union Local 1225 (ATU) Employees and Monterey-Salinas Transit District (MST). (Michael Laredo, Kelly Halcon) (mailed separately) There were no public comments item 7-1.

On a motion by Director Barrera and seconded by Director Amelio, the Board unanimously approved item 7-1 with Directors Carbone and LeBarre noted as absent.

Director LeBarre arrived at 10:52 a.m.
7-2. Receive Presentation on MST Land Utilization Study and Provide Direction to Staff. (Lisa Rheinheimer) (Page 51)
There were no public comments item 7-2.

The Board received a presentation on an MST Land Utilization Study and provided direction to staff.

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Director Pacheco left the meeting at 11:14 a.m.
7-3. Authorize the General Manager/CEO or their Designee to Enter into a Five (5) Year Contract with De Lay and Laredo for General Counsel and Labor Negotiations, and a Five (5) Year Non-Exclusive Contract with Hanson Bridgett for Special Counsel Services, Both with the Option to Extend for Two (2) Additional One (1) Year Terms. (Kelly Halcon) (Page 97) There were no public comments item 7-3.

On a motion by Director Barrera and seconded by Director Smith, the Board unanimously approved item 7-3 with Directors Carbone and Pacheco noted as absent.

8. REPORTS & INFORMATION ITEMS
The Board will receive and file these reports, which do not require action by the Board. 8-1. General Manager/CEO Monthly Report –July 2025 (Page 99) 8-2. Federal Legislative Advocacy Report – (Page 105)
8-3. State Legislative Advocacy Report – (Page 107)
8-4. Staff Trip Reports – (Pages 111-117)
8-5. Correspondence – (Page 119)

9. BOARD REPORTS, COMMENTS, AND REFERRALS
9-1. Reports on Meetings Attended by Board Members at MST Expense. (AB 1234)
9-2. Board Member Comments and Announcements.

Vice Chair Worthy announced that the General Manager/CEO evaluation is due on or before September 30, 2025 to the office of De Lay and Laredo.

Michael Laredo announced that he would send an electronic version of the General Manager/CEO evaluation packet to the Board.
9-3. Board Member Referrals for Future Agendas.

Director Rodriguez asked for an update on South County circulator ridership and the CEO reported that ridership statistics would be provided for quarter ending September 30, 2025, at the November 10th Board meeting.

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10. ATTACHMENTS
10-1. The Monthly Report for July 2025 can be viewed online:
http://mst.org/about-mst/board-of-directors/board-meetings/

11. CLOSED SESSION
Comments from the public will not receive Board action. Comments must deal with matters on the Closed Session agenda and will be limited to three minutes. 11-1. Review Incentive Pool for MSTEA and Confidential Unit and Provide Direction. (Carl Sedoryk) (Enclosure)
Michael Laredo, MST General Counsel, reported that the Board met and discussed closed session item 11-1. The Board provided direction to the General Manager. The item will be brought back for action at the next meeting. 11-2. Conference with Real Property Negotiators – Gov. Code § 54956.8 APN#s: 003-051-086, 003-051-087, and 003-051-072 in Salinas, CA MST Negotiators: Carl Sedoryk, General Manager/CEO
Under Negotiation: Price and Terms
Michael Laredo, MST General Counsel, reported that the Board met and discussed closed session item 11-2. No reportable action was taken.

12. ADJOURN
With no further business to discuss, Vice Chair Worthy adjourned the meeting at 12:22 p.m. (Pacific).

Prepared by: ___________________Reviewed by: __________________ Jeanette Alegar-Rocha Carl G. Sedoryk
Deputy Secretary/Clerk to the Board General Manager/CEO PGCC 11-5-2025

Agenda No. 8 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Cynthia Garfield, Councilmember
MEETING DATE: November 05, 2025
SUBJECT: Summary of Cal Cities Conference Attendance
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive the report.

DISCUSSION
Overview: The CalCities Conference provides elected representatives and staff an opportunity to meet with peers, hear success stories about common issues, learn about pending trends and legislation and understand diverse viewpoints. Of the sessions I attended, the following points stand out:

Reducing the Cost and Burden of General Plan Updates
The point from the consultant/experts and the cities who had made successful updates was this: unless your city has experienced really significant changes in values, concerns, demographics and character, use a scalpel not a hammer to update the plan in a way that makes it useful going forward. Their advise includes: do not start from scratch, use a simpler format, organize for greater usefulness.

The successful cities (Fountain Valley was notable for their input) used consultants to help city staff craft a plan, not to be the face of the effort. They created a General Plan Advisory Committee for outreach and synthesis that included a variety of stakeholders such as school district, planning commission, council, residents, business leaders.

The estimated cost for a new General Plan was 2-3.5 years and $1-$2 million.

Centralizing Communication to Boost Community Engagement The participating cities all used a software called “With” to create a community-wide calendar.

Redlands and Escondido offered great examples of how this calendar allowed them to bring together a variety of community groups and city departments into one system to let people know what’s happening in their city. They offered some groups (the Chamber, a music venue) with long stable ties to the city free access to add their own events. The host city also created guidelines for what kinds of groups can add to the calendar; for instance, any city sponsored event, or citizen-serving event. Of course, they created standards for applicants to meet to add their event.

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The unified calendar also provides the ability to sort, add links (to agendas and packets or invitations) and AI can provide answers to queries such as “how to get a pothole fixed”. I have provided the City Manager with the information on this calendar and asked him to research and perhaps (if suitable) arrange a demonstration.

Small Cities: Building Connections and Sharing Solutions:

This session was a report out of challenges facing small cities that have the same mandates and issues as larger cities with far fewer resources. Some successful ideas put forth by the presenting cities (all of which were about twice Pacific Grove’s size) included: creating a concierge for businesses (much like what we have done with Ms. Halabi’s charge); using digital solutions as much as possible for permitting, planning; establishing a transfer tax; creating a non-profit community foundation; establishing a leadership group to bring together schools, churches, non-profits, service clubs, and using Yiftee to offer a “thank you” gift certificate that can be used at city businesses.

The presenting cities promoted the idea of creating a Small Cities Interest Group as part of CalCities.

Effective Parking Management:

The presenting city, Seal Beach has many similarities with Pacific Grove. They needed to balance parking downtown with coastal parking. They worked with a consulting firm, DIXON, who also presented her take on critical issues to address. Also noted that parking garages cost at least $55,000 per space to build, making that an expensive and perhaps ineffective solution to parking on the flat.

Parking in Seal Beach is part of the police department, but that is not always the best option. The officer presenting, Capt. Nichols, made some key points. The goal in parking enforcement should be to get compliance, not to raise money. It should be revenue neutral and conformed in a way that promotes turnover that benefits businesses since that makes room for new customers. They use lots of data to craft their policies and use license plate recognition that requires that a car be moved a distance away every two hours, not just to the next slot. His final point – if a visitor wont pay $1 to park, do you want them as customers? Seal Beach uses residential parking permits and guest passes to make sure residents are not inconvenienced by parking limitations and regulations in key areas.

Strengthening Local Governance
The presentation was hosted by the Cal-ICMA (Local Government Management Collaborative) and presented issues shared by many cities: a contentious political climate leading to high staff turnover and elected officials cutting their service short means a huge drop in continuity, long range vision and the ability to execute over time. The presenters emphasized what they have seen work well to create strong working relationships. Those include an emphasis on civility, problem solving rather than blaming, orientation for new council members, annual renewal and re-adoption of a code of conduct, reminder to citizens and council that toxic input contributes to the risk of hostile work environment claims, create training on good governance and periodic review of city government (council and staff) effectiveness such as a 360 review.

Summary:

The scheduled sessions, regional lunch and special interest group meetings provide an invaluable opportunity to see success stories and avoid problems that other cities have encountered. Networking, even briefly, with peers gives participants broader perspectives and new information. While webinars PGCC 11-5-2025

and reports can provide useful information, the energy and interactive nature of a conference provides for greater synthesis of information to make it more useful for our city.

OPTIONS
FINANCIAL IMPACT:

FOCUSED PRIORITY AREA: Not Applicable.

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Agenda No. 8 C

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Nick Smith, Mayor
MEETING DATE: November 05, 2025
SUBJECT: 2025 CalCities Annual Conference Report
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive the report.

DISCUSSION
On October 8-10, I attended the 2025 CalCities Annual Conference in Long Beach, California.

During the conference, I attended sessions and lectures related to city governance and policy, including the following topics: municipal litigation, land use and CEQA issues, election law, and leadership topics.

The CalCities Conference is also a great opportunity to network with other local leaders from our region. To that end, I attended the Monterey Bay Division luncheon/meeting along with councilmembers from other Monterey Bay cities.

I was appointed the City’s voting delegate; however, no issues were presented to the General Assembly for a vote.

OPTIONS
N/A
FINANCIAL IMPACT:

N/A
FOCUSED PRIORITY AREA: Not Applicable.

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Agenda No. 9 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: George Fuerst, Environmental Program Manager
MEETING DATE: November 05, 2025
SUBJECT: Approve an update to the Monterey Regional Storm Water Management Program (MRSWMP) Memorandum of Agreement (MOA) with Monterey One Water CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION

1. Approve the City of Pacific Grove to execute the 2025 Monterey Regional Stormwater Management Program (MRSWMP) Memorandum of Agreement (MOA) with Monterey One Water,

2. Alternatively, discuss and take other action related to this item.

DISCUSSION
In January 2025, the MRSWMP Management Committee established an MOA Ad Hoc Committee to update the Memorandum of Agreement (MOA). The purpose of this update is to reflect current program membership, clarify administrative responsibilities, and prepare for the anticipated reissuance of the Municipal Separate Storm Sewer Systems (MS4) permit in 2026.

There are several key changes in the updated MOA, including a requirement for biannual invoicing of incurred expenses, revised cost-sharing formulas, updated limitations on indirect costs, and a process for budget amendments. Additional administrative revisions include updated bylaws and the incorporation of the Agency Procurement Policy.

The draft MOA was unanimously approved by the MRSWMP Management Committee on June 25, 2025. It is now being presented to each participating jurisdiction for formal adoption. Participating agencies include the cities of Carmel-by-the-Sea, Del Rey Oaks, Monterey, Pacific Grove, Sand City, and Seaside, as well as the County of Monterey.

Adoption of the 2025 MOA supports compliance with the federal Clean Water Act (33 U.S.C.§ 1251 et seq.) and the State Water Resources Control Board’s (SWRCB) National Pollutant Discharge Elimination System (NPDES) Phase II MS4 General Permit (Order No. 2013-0001-DWQ, as amended and anticipated to be reissued in 2026). Participation in the Monterey Regional Stormwater Management Program provides a legally recognized framework for cooperative regional stormwater management, which assists the City in meeting mandatory permit requirements related to pollutant discharge reduction, public outreach, monitoring, and reporting.

This action is consistent with the City of Pacific Grove’s Storm Water Management and Discharge PGCC 11-5-2025

Control Ordinance (PGMC Chapter 9.30)

OPTIONS
Do not authorize the MRSWMP MOA to be executed. Without participating in the regional storm water program, the City would not have the funding, expertise, or staff to independently manage a storm water program.

FINANCIAL IMPACT:

The City’s financial obligation will continue to be determined through the MRSWMP’s adopted annual budget and calculated using the population-based cost-sharing formula set forth in the MOA. For Fiscal Year 25/26, the City’s expected cost-share is $62,727, which has been budgeted in the City's Wastewater Operations Budget, Fund 76.

FOCUSED PRIORITY AREA: Environmental Stewardship
Attachments

MRSWMP MOA
MRSWMP MOA Informational Memo
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MRSWMP MOA Revision Draft 2025 Page 0 of 34
Monterey Regional
Stormwater Management
Program
Memorandum of Agreement
2025
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MRSWMP MOA Revision 2025 Page 1 of 33
Table of Contents
MEMORANDUM OF AGREEMENT 2
Recitals 2
EXHIBIT A: MOA BYLAWS 9
A.1: MOA Bylaws 10
Table A: Populations and Votes for Use in Weighted Voting & Cost Share 10 A.2: MC Representative Nomination Letter Template 13
A.3: Chair & Vice Chair Roles & Responsibilities 15
EXHIBIT B: BUDGET 17
B.1: Budget 18
B.2: Schedule Parameters 19
Table B: Cost Share Calculations 19
B.3: Indirect Costs 20
B.4: Budget Amendment Form 21
EXHIBIT C: AGENCY PROCUREMENT POLICY 22
Monterey One Water Procurement Policy 23
Table C.1: Solicitation Types 23
Table C.2: Authority Levels 23
EXHIBIT D: DUTIES OF THE PROGRAM ADMINISTRATOR & PROGRAM ADMINISTRATOR SUPPORT STAFF 24
D.1: Duties of the Program Administrator 25
D.2: Program Administrator Evaluation Template 27
EXHIBIT E: DEFINITIONS 30
Definitions 31
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MEMORANDUM OF AGREEMENT

MONTEREY REGIONAL STORMWATER

MANAGEMENT PROGRAM
THIS Memorandum of Agreement (“AGREEMENT”), is made and entered into this ____________ day of _______________, 2025, by and between MONTEREY ONE WATER, hereinafter referred to as “AGENCY”, a Joint Powers Authority (JPA) organized under the laws of the State of California, and the following public entities, each of which is hereinafter referred to as “PERMITTEE” or collectively as “PERMITTEES”:

CITY OF CARMEL-BY-THE-SEA, a municipal corporation of the State of California; CITY OF DEL REY OAKS, a municipal corporation of the State of California; CITY OF MONTEREY, a municipal corporation of the State of California; CITY OF PACIFIC GROVE, a municipal corporation of the State of California; CITY OF SAND CITY, a municipal corporation of the State of California; CITY OF SEASIDE, a municipal corporation of the State of California; and COUNTY OF MONTEREY, a political subdivision of the State of California.

The AGENCY and the above-mentioned entities may also hereinafter be collectively referred to as “PARTIES” or individually as “PARTY,” to form the Monterey Regional Stormwater Management Program (Program).

In addition, other organizations, including but not limited to non-traditional agencies (COORDINATING ENTITIES) that are not subject to similar National Pollutant Discharge Elimination System (NPDES) Phase 2 Municipal Separate Storm Sewer System (MS4) permits and include land parcels adjoining PERMITTEE areas that may impact shared watersheds, may coordinate with the Program and may provide contributions to the Program to help meet stormwater pollution reduction goals.

All participating PERMITTEES and COORDINATING ENTITIES shall be referred to herein collectively as PARTICIPATING ENTITIES.

RECITALS:

A. The Federal Clean Water Act (CWA) requires certain municipalities and industrial facilities to obtain an NPDES permit for the discharge of stormwater to navigable waters. NPDES permits also are required for any stormwater discharge which the Federal Environmental Protection Agency (EPA) or a state has determined contributes to a violation of a water quality standard or is a significant contributor of pollutants to surface waters.

B. The EPA has delegated authority to the California State Water Resources Control Board (SWRCB) to administer the NPDES permit process within California and, in turn, the SWRCB has delegated authority to the California Regional Quality Control Board - Central Coastal Basin (RWQCB) to administer the NPDES permit process within its region.

C. On December 8, 1999, the EPA promulgated Phase 2 stormwater regulations under authority of the Clean Water Act section 402(p)(6). These regulations require the SWRCB to issue NPDES stormwater permits to operators of Small MS4s, defined as entities with a population of under 100,000 people.

D. On April 30, 2003, the SWRCB adopted Water Quality Order No. 2003-005-DWQ, NPDES General Permit CAS000004 Waste Discharge Requirements (WDRs) for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (General Permit) to PGCC 11-5-2025

MRSWMP MOA Revision 2025 Page 3 of 33
comply with Clean Water Act section 402(p)(6).

E. In 2002, in anticipation of these requirements, the PERMITTEES entered into a Memorandum of Agreement (MOA) and subsequently formed the Program in order to achieve regional cooperation and efficiency among the PERMITTEES in the implementation of the NPDES MS4 regulations.

F. On February 5, 2013, the SWRCB adopted Water Quality Order No. 2013-0001-DWQ NPDES General Permit No. CAS000004 (Order), which modifies the previous General Permit, Order 2003-0005-DWQ. This Order establishes stormwater management program requirements and defines the minimum acceptable elements of municipal stormwater management programs, unless otherwise amended. Per Section J of the Small MS4 Permit, “This Order expires on July 1, 2018. If this Order is not reissued or replaced prior to the expiration date, it will be automatically continued in accordance with 40 CFR 122.6 and remain in full force and effect.”
G. On August 1, 2024, the SWRCB released a public notice to solicit comments on the Informal Draft Small Municipal Stormwater Permit currently under development. The issuance of a Formal Draft, followed by the adoption of a new MS4 permit by the SWRCB is expected between 2025 and 2026.

H. In and for the mutual interest of the PERMITTEES, the PERMITTEES wish to continue to implement the Program by entering into this AGREEMENT for the purpose of cooperating to comply with NPDES permit requirements efficiently and economically.

NOW, THEREFORE, THE PARTIES HERETO AGREE, AS FOLLOWS:

Section 1. Monterey Regional Stormwater Management Program

1.01 The Program is intended to fulfill certain obligations of the PERMITTEES with regard to NPDES Phase 2 Storm Water permit requirements.

1.02 The Program is a collective effort and implementation of regional activities designed to benefit all PERMITTEES.

1.03 Each PERMITTEE shall implement individually its Community-Specific Program as required by its Small MS4 Permit.

1.04 PERMITTEES appoint AGENCY to serve as the Program Administrator for the Program and to provide the services set forth in Section 4 below and any other services under the direction of the Program Management Committee (MC, membership as defined in Section 2).

AGENCY shall be responsible for selecting, retaining, assigning, or dismissing personnel to provide services on its behalf as called for in this MOA, in collaboration with the MC.

1.05 The AGENCY may withdraw as the Program Administrator upon the provision of ninety (90) days written notice to the MC. The MC may select a new Program Administrator upon the provision of a ninety-day (90) written notice to the AGENCY. In either event, the AGENCY shall issue invoices to each PERMITTEE for unreimbursed expenditures on behalf of the Program within forty-five (45) days of the 90-day period ending.

1.06 In the event that the AGENCY withdraws as the Program Administrator, or in the event that the MC wishes to select a new Program Administrator, another PERMITTEE may serve as a successor Program Administrator. Any PERMITTEE willing to serve as the successor Program Administrator may be nominated by another PERMITTEE. Selection of a Program Administrator must be by majority vote of the MC, and the newly selected Program Administrator shall provide the services set forth in Section 4 below and any other services under the direction of the MC.

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Section 2. Management Committee

2.01 A Program MC is hereby created, consisting of representatives from each PERMITTEE, to provide for overall Small MS4 Permit Program coordination, review, and budget oversight.

2.02 The MC is the official management and oversight body of the Program. The MC shall direct and guide the Program and review and approve the Program Budget. The MC shall consider permit compliance, including benefit to a majority of the PERMITTEES, as a primary objective in approving Program tasks and corresponding budgets.

2.03 The voting membership of the MC shall comprise one voting representative from each PERMITTEE, designated as specified in EXHIBIT A. An alternative voting representative may be appointed by each PERMITTEE.

2.04 The MC adopts the Bylaws contained in EXHIBIT A for its governance and may, from time to time, revise these Bylaws by majority vote of the MC at a duly-noticed meeting with a quorum of PERMITTEES in attendance.

2.05 The Program Administrator shall periodically re-evaluate and make recommendations to the PERMITTEES concerning the adjustment of the cost-share allocations that each PERMITTEE shall pay for the implementation of Program obligations.

2.06 A quorum of the MC shall be achieved when voting representatives from at least fifty percent (50%) of the PERMITTEES are present at any MC meeting.

2.07 Meetings of the MC, including any closed sessions with the Program Attorney, shall be conducted in accordance with the Ralph M. Brown Act (Government Code Section 54950 et seq.), including the public posting of meeting agendas at least 72 hours in advance of the meeting.

2.08 The MC shall establish timelines and budgets for the completion of Program tasks.

2.09 The MC, through its Bylaws, may establish procedures for tracking, accounting for, and auditing the Program funds.

Section 3. Program Budget

3.01 A budget shall be adopted for each fiscal year by the MC. The fiscal year shall run from July 1 through June 30. The Budget shall be prepared by the Program Administrator and administered as described in EXHIBIT B.

3.02 The Program Administrator shall invoice PERMITTEES biannually for Program cost expenditures based upon the adopted budget for the fiscal year and the approved cost share allocation. The proportionate share of the Program Budget that each PERMITTEE shall pay shall be shown and specified in the adopted fiscal year budget.

3.03 The Program Administrator shall invoice PERMITTEES for expenses incurred no later than forty-five (45) days after the end of each biannual period.

3.04 Cost-sharing between PARTICIPATING ENTITIES shall be calculated utilizing formulas specific to the Budget Schedule Parameters laid out in EXHIBIT B.2, which include population-based computations, fixed fee contributions, and software usage rates, unless otherwise agreed to by the PARTICIPATING ENTITIES when the budget for each fiscal year is adopted, as described in EXHIBIT B.

3.05 PERMITTEES shall be responsible for reimbursing the Program Administrator for all costs incurred in connection with Program activities. The total annual amount paid by PERMITTEES to the Program Administrator shall not exceed the approved annual budgets. PERMITTEES shall not reimburse the Program Administrator for expenses exceeding the approved annual PGCC 11-5-2025

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budget of the Program, unless approved through the budget amendment process outlined in Subsection 3.06 and in EXHIBIT B.1.

3.06 The Program Administrator must submit a formal request to the MC for any anticipated expenditure that exceeds the limits of the adopted budget using the form included in EXHIBIT B.4. All budget amendment requests must include description of the proposed change, reason for the change, amount of the change, and estimated timeframe for expense to be incurred.

3.07 No budget amendment will be considered final or acted upon until it has received approval by majority vote of the MC.

3.08 The Program Administrator will evaluate all completed and proposed expenditures in order to reduce any budget amendments requested.

Section 4. Program Administrator’s Roles & Responsibilities.

4.01 The Program Administrator shall be responsible for Program management, administration, and related duties as described in EXHIBIT D. The Program Administrator shall not be responsible for providing program management services related to individual PERMITTEES’ Community-Specific Programs. Work assignments shall be delegated to the Program Administrator by the MC and not by individual PERMITTEES.

4.02 The Program Administrator shall be paid from Program Funds in accordance with the adopted Program Budget, for providing the services described hereunder. The Program Administrator shall be the treasurer of the Program funds and shall maintain Program funds in a separate designated account and shall not expend any funds except in accordance with the annual budget approved by the MC, or as otherwise directed by the MC.

4.03 The Program Administrator may request, as part of the annual Program Budget, reimbursement for reasonable and customary indirect costs incurred in providing the services described in this Section. Reimbursement to the Program Administrator shall be subject to MC review and approval as part of the Program Budget.

4.04 The MC must adhere to Program Administrator ’s procurement policies, as laid out in EXHIBIT C. This includes but is not limited to: the Program Administrator shall issue formal Requests for Proposals for services estimated to cost $35,000 or more, and the Program Administrator shall issue Purchase Orders for purchases of $5,000 or more.

4.05 The Program Administrator, in collaboration with the MC, shall be responsible for selecting any consultant(s) or contractor(s) who are to be paid from Program funds (“Outside Contractors”) and for reviewing and approving any contracts with Outside Contractors, including the scope(s) of work, schedules of performance, use of subcontractors, and compensation for such Outside Contractors. The selection of Outside Contractors shall conform to the Program Administrator’s procurement policies.

4.06 The Program Administrator shall act in a reasonable amount of time to execute contracts with Outside Contractors that have been requested by the MC. The Program Administrator shall provide a copy of any contract executed on behalf of the Program to any PERMITTEE, person designated by any PERMITTEE, or the MC upon request. The Program Administrator, at its discretion, may delegate authority to execute agreements and contracts approved by the Management Committee to a designated employee. Notice of any such delegation of authority shall be provided to the MC.

4.07 The Program Administrator reserves the right to amend and update the procurement policy periodically and shall notify PERMITTEES of any changes in writing upon its adoption by the PGCC 11-5-2025

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Program Administrator.

Section 5. Additional Rights and Duties of the PARTIES

5.01 In addition to participation in the MC, the PERMITTEES accept and agree to perform the following duties:

1. Each will participate in MC meetings and other required meetings of the PERMITTEES.

2. Each will abide by the MC Code of Conduct specified in EXHIBIT A, Item 9.

3. Each will comply with the NPDES Permit conditions that apply within its jurisdictional boundaries.

4. Each will implement its jurisdiction’s Community-Specific Program.

5. Each will provide certain agreed upon reports to the Program Administrator for purposes of reporting, on a joint basis, compliance with applicable provisions of the NPDES Permit and the status of Program implementation.

6. Each will address individually inter-agency issues, agreements, or other cooperative efforts.

7. Each will only be responsible for performing the duties listed above for and on behalf of its own jurisdiction.

5.02 This AGREEMENT does not restrict the PERMITTEES from the ability to individually (or collectively) request NPDES Permit modifications and/or initiate NPDES Permit appeals for permit provisions to the extent that a provision affects an individual party (or group of PERMITTEES); however, any such PERMITTEE (or PERMITTEES) shall provide a minimum of 30-days written advance notice of their action to the other PARTIES and allow them to comment upon or join in their action before proceeding.

Section 6. Term of AGREEMENT

6.01 This AGREEMENT shall commence on the date that the last Duly Authorized Representative of the PARTIES executes it and shall continue indefinitely in accordance with the provisions of Subsections 6.02, 6.03, and 6.04 below.

6.02 This AGREEMENT shall terminate upon expiration of the NPDES Phase 2 Storm Water Permit Order Number 2013-0001-DWQ that is issued to the PERMITTEES, unless the SWRCB issues a new NPDES General MS4 Permit or this term is extended by the PARTIES.

6.03 Upon issuance of a new NPDES General MS4 Permit by the SWRCB, this AGREEMENT shall be amended to terminate at the expiration of the new permit, unless this term is extended by the PARTIES.

6.04 Any PERMITTEE may terminate its participation in this AGREEMENT by giving the MC at least a thirty (30) day written notice. If a PERMITTEE terminates its participation, the terminating PERMITTEE will bear the full responsibility for its compliance with the NPDES Permit commencing on the date it terminates its participation, including its compliance with both Community-Specific and Program-wide responsibilities. Unless the termination is scheduled to be effective at the close of the fiscal year in which the notice is given, termination shall constitute forfeiture of all of the terminating PERMITTEE'S share of the Program Budget, for the fiscal year in which the termination occurred (both paid and obligated, but unpaid, amounts). In addition, unless notice of termination is provided at least ninety (90) days prior to the date established by the MC for approval of the budget for the succeeding fiscal year, termination shall constitute forfeiture of all of the terminating PERMITTEE'S share of any unexpended, unencumbered funds remaining from all previous fiscal years. The cost PGCC 11-5-2025

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allocations for the remaining PERMITTEES may be recalculated for the following fiscal year by the PARTIES without the withdrawing PERMITTEE'S participation.

Section 7. General Provisions

7.01 This AGREEMENT supersedes any prior agreement among the PARTIES regarding the Program but does not supersede any other agreements between any of the PARTIES.

7.02 This AGREEMENT may be amended only by written agreement of the PARTIES. All PARTIES agree to bring any proposed amendment to this AGREEMENT to their Council or Board, as applicable, within two (2) months following acceptance of the amendment by the MC.

7.03 In the event any provision of this AGREEMENT is determined to be void or unenforceable for any reason, such a determination shall not affect the remainder of this Agreement, which shall continue to be in force.

7.04 This AGREEMENT may be executed and delivered in any number of copies (“counterpart”) by the PARTIES, including by means of electronic communique. When each PARTY has signed and delivered at least one (1) counterpart to the Program Administrator, each counterpart shall be deemed an original and, taken together, shall constitute one and the same AGREEMENT, which shall be binding and effective as to the PARTIES hereto.

7.05 No PARTY shall, by entering into this AGREEMENT, participating in the MC, or agreeing to serve as Program Administrator, assume or be deemed to assume responsibility for any other PARTY in complying with the requirements of the NPDES Permit. This AGREEMENT is intended solely for the convenience and benefit of the PARTIES hereto and shall not be deemed to be for the benefit of any third party and may not be enforced by any third party, including, but not limited to, the EPA, the SWRCB, and the RWQCB, or any person acting on their behalf or in their stead.

7.06 In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the PARTIES pursuant to Government Code Section 895.6, the PARTIES agree that all losses or liabilities incurred by a PARTY shall not be shared pro rata, but instead, the PARTIES agree that pursuant to the Government Code Section 895.4, each of the PARTIES hereto shall fully defend, indemnify, and hold harmless each of the other PARTIES from any claim, expense or cost, damage, or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying PARTY, its officers, agents, or employees, under or in connection with or arising from any work, authority, or action taken under this AGREEMENT, including but not limited to any non-compliance by a PARTY with its obligations under the Program NPDES Permit. No PARTY, nor any officer, Councilmember, Board Member, employee, or agent thereof shall be responsible for any damage or liability incurred by reason of the negligent acts or omissions or willful misconduct of the other PARTIES hereto, their officers, Councilmembers, Board Members, employees, or agents under or in connection with or arising from any work, authority, or actions taken under this AGREEMENT, including but not limited to any non-compliance by a PARTY with its obligations under the Program NPDES Permit.

7.07 In the event that suit shall be brought by any PARTY to this contract, the PARTIES agree that venue shall be exclusively vested in the state courts of the County of Monterey, or, if brought in federal court, in the United States District Court handling matters arising in Monterey County. Further, the prevailing PARTY or PARTIES shall be entitled to reasonable attorney fees and costs.

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IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as of the dates shown below:

MONTEREY ONE WATER, a Joint Powers Authority and public agency of the State of California Date: APPROVED AS TO FORM:

By: By:

Chair, Board of Directors Legal Counsel
By: ATTEST:

General Manager
Date:

By:

CITY OF CARMEL-BY-THE-SEA, a public entity of the State of California; CITY OF DEL REY OAKS, a public entity of the State of California; CITY OF MONTEREY, a public entity of the State of California; CITY OF SAND CITY, a public entity of the State of California; CITY OF SEASIDE, a public entity of the State of California; CITY OF PACIFIC GROVE, a public entity of the State of California; and COUNTY OF MONTEREY, a public entity of the State of California.

Date: APPROVED AS TO FORM:

By: By:

Legal Counsel
ATTEST:

Date:

By:

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EXHIBIT A: MOA BYLAWS
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A.1: MOA Bylaws

1. Management Committee Representation: Representation from each PERMITTEE will be designated formally by each jurisdiction’s authorized agent, including but not limited to City Manager, City/County Administrator, Mayor, and Board Chair. This appointment shall be identified in writing to the MC using the template included in EXHIBIT A.2. Should a new representative and/or alternate be chosen by a PERMITTEE, they shall submit an amended Nomination Letter to the MC as soon as possible.

2. Selection of Officers: Each calendar year, the MC shall select a Chair and Vice Chair. The selection of the members to serve in this position shall be at the regularly scheduled January meeting and shall be based on nominations by the MC. Members of the MC may express their interest in serving as Chair or Vice Chair at the regularly scheduled December meeting. No member of the MC may serve as Chair or Vice Chair for more than two consecutive and complete one-year terms.

3. Voting: Each PERMITTEE shall have one vote, provided that any PERMITTEE can call for a weighted vote on any issue. Voting on all matters shall be on a voice vote, unless a roll call vote is requested by any PERMITTEE in attendance or is required pursuant to the Brown Act. The affirmative vote of at least that number of the voting members of the MC which collectively contribute at least fifty percent (50%) of the area-wide Program costs (a “Majority Vote”), is necessary to approve any financial measure brought before the MC.

Weighting will be on a population basis, using the populations and numbers of votes shown in Table A. This table may be updated periodically by formal action of the MC. Amending the jurisdictional populations typically will occur when updated population figures are published by the U.S. Census Bureau or when other updated population figures are published and formally accepted by each of the PERMITTEES. If a weighted vote is called, each PERMITTEE will have the number of votes shown in the table below.

Table A: Populations and Votes for Use in Weighted Voting & Cost Share

PERMITTEE
2020 Census Population
Within Area Covered
by Stormwater Permit1
Number
of Votes2
Carmel-by-the-Sea 3,220 2
Del Rey Oaks 1,592 1
Monterey City 30,212 15
Monterey County 55,339 28
Pacific Grove 15,090 8
Sand City 325 1
Seaside 32,366 16
Total 138,144 71
1 The U.S. Census Bureau published updated population figures, based on the 2020 Census. U.S. Census Bureau, https://www.census.gov/
2 One vote shall be provided for each 2,000-person increment of population, except that each PERMITTEE shall have a minimum of one vote, even if its population is less than 2,000.

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4. Meeting Schedule: Meetings normally will be held at the Program Administrator's offices on the fourth (4th) Wednesday of each month at 09:30 am, unless changed by the MC.

5. Starting Time: Meetings will start promptly at the designated starting time. Any PARTY representative that knows they will be unable to attend or will be late will notify the Chairperson so as not to delay the start of the meeting.

6. Virtual Participation: Members may teleconference for “individual emergency” or “just cause”.

If a PERMITTEE is unable to attend in person, they must provide notice and reason as soon as possible to the Chair and/or Vice Chair for each meeting. A quorum of PERMITTEES must be present at a clearly identified single location within the MC’s boundaries. The PERMITTEE participating remotely must join with both audio and visual input (with camera functionality enabled) and is not precluded from voting on agendized items. Virtual participation may be utilized a maximum of twice per calendar year.
“Just cause” includes: (i) childcare/caregiving, (ii) contagious illness, (iii) physical or mental disability not accommodated by AGENCY, (iv) travel on business for City, State, or another public agency, and (v) PERMITTEE has immunocompromised family member. “Individual emergency” includes personal physical or family medical emergency that prevents attendance in person.

The Member participating virtually must make a statement substantively similar to the following:
“I am participating in today’s meeting remotely under recent amendments to the Brown Act, due to [state reason – i.e. a contagious illness] that prevents me from participating in person.

There [is/is not] someone 18 or older in the room with me. [Briefly describe relationship to any person in the room who is 18 years or older.]”

7. Future Members: If additional entities wish to join with the other PARTIES by entering into this AGREEMENT and participating in the Program, the PARTIES will determine an appropriate method of calculating a “buy-in” cost to be paid by the new entity wishing to become a member.

This buy-in cost shall, at a minimum, include the amount the new entity would have paid if it had been a PARTY as of the first day of the current fiscal year with a pro-rata deduction, or another method deemed appropriate by the PARTIES. Membership fees will be reassessed for all PARTIES for the following fiscal year to ensure equitable division of Program costs.

8. Coordinating Entities: Coordinating entities are defined as Program Participants with no NPDES Stormwater Permit requirements. This category of participants has no vote-share in the Program, and fees will be assessed based on Schedule B costs (see EXHIBIT B.2 “Schedule Parameters”).

9. Code of Conduct Policy:
a. Purpose: This policy is established to encourage and maintain high standards of behavior by Program MC Members. This Code of Conduct applies to all MC Members and Alternates. b. MC Conduct with the Public: MC Members should:
i. Study materials, comments, and information submitted by the staff, the public, and other interested parties prior to voting, to the extent reasonable. ii. Be polite, impartial, respectful, and without prejudice toward the public and fellow MC members.
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MC meetings.
v. Avoid body language that is defensive, disrespectful, or uninterested. vi. Avoid interrupting speakers, including other MC Members, and any comments from MC Members should be directed through the Chair.
vii. Refrain from arguing with members of the public.
viii. Represent and work for the common good of the Program and not for any private interest.
c. Violation of Policy: A perceived violation of this policy by a Member should be referred to the MC Chair for evaluation and consideration of any appropriate action warranted. In the case of a perceived violation by the MC Chair, the matter should be referred to the Vice Chair for evaluation and consideration of any appropriate action warranted. Reports, complaints, or concerns of perceived violations should be shared by the MC Chair or Vice Chair with the entire MC. The MC Chair or Vice Chair will seek assistance from the AGENCY with regard to the process to address a report or complaint of a perceived violation. A violation of this policy may be addressed as follows:
i. Informal discussion with the MC Chair and/or Vice Chair ii. Professional counseling/coaching for the individual MC Member, upon recommendation of a majority of the MC made at a duly-noticed meeting of the MC
d. Applicability: Any individual representing MRSWMP at public meetings, community events, and other engagement opportunities is expected to abide by these standards. This includes MC Representatives, Program Administrator staff, and Outside Contractors. Should an issue arise with the conduct of Program Administrator staff or Outside Contractors, the matter will be addressed according to the AGENCY’s personnel procedures.

10.Legal Services: The MC may select an attorney or firm (Program Attorney) that is experienced with the Clean Water Act and Municipal Storm Water NPDES Permits to provide legal advice to the MC on all matters involving administration of the Program's NPDES Permit and such other matters upon which the MC may seek legal advice or request legal representation. The Program Attorney shall not be responsible for providing legal advice related to permit compliance to individual PARTIES. The Program Attorney may provide such services under separate contract with any PARTY or PARTIES but shall provide advance notification to all PARTIES before providing such services to identify and resolve possible issues of conflict of interest. The Program Administrator may assist in coordination of activities with the Program Attorney but shall not give direction to the Program Attorney without prior authorization from the MC.

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A.2: MC Representative Nomination Letter Template
[Jurisdiction’s Letterhead]
[Date]
Monterey Regional Stormwater Management Program (MRSWMP) Management Committee Program Administrator
RE: Designation of MRSWMP Management Committee Representatives I, [signatory’s name], in my capacity as [signatory’s job title] for the [jurisdiction], do hereby designate the following individuals as the designated representatives to serve on the MRSWMP’s Management Committee (MC).

1. Primary MC Representative:

Title:

Department:

Contact Information:

2. Alternate MC Representative:

Title:

Department:

Contact Information:

3. Legally Responsible Official (LRO):

Title:

Department:

Contact Information:

These representatives shall represent the [jurisdiction’s] Community-Specific Stormwater Management Program on the MC to ensure compliance with the National Pollutant Discharge Elimination System (NPDES) Phase 2 Municipal Separate Storm Sewer System (MS4) permit requirements. They shall have the authority to act on behalf of the [jurisdiction] in all matters, including but not limited to participation in meetings, policy discussions, and decision-making processes pertaining to regional stormwater management efforts.

This designation shall remain in effect until amended or revoked in writing by the [signatory’s job title].

Sincerely,
[signatory’s name]
[signatory’s job title]
[jurisdiction]
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We, the undersigned designated MC Representatives, do acknowledge receipt of the MRSWMP MC Code of Conduct and agree to abide by the conditions therein.

Primary Representative Alternate Representative
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A.3: Chair & Vice Chair Roles & Responsibilities

1. The MC Chair and Vice Chair, upon selection by the MC as laid out in EXHIBIT A.1, Item 2, shall conduct monthly MC meetings. This includes but is not limited to: call to order, lead meeting and agendized content, call for public comment, facilitate questions from Members and the public, and adjourn meeting.

2. Rules of Order
a. The Chair shall preside at all meetings of the Committee, ensuring that the meeting is conducted in an orderly manner. Items should be taken up in the order listed in the published agenda. However, when the circumstances warrant, the Chair may modify the order of business.
b. In the absence of the Chair, the Vice Chair shall preside and exercise all the powers and duties of the Chair. If there is a quorum present, and both the Chair and the Vice Chair are absent, the MC Members present may agree upon a Member to preside and serve as temporary Chair.
c. The Chair will recognize other MC Members who wish to speak. d. The Chair has the same right to make or second a motion or to debate as the other MC Members. The role of presiding officer does not need to be assigned to another Member while the Chair exercises these rights.
e. The Chair may ask whether there is a motion and a second to bring a matter to a vote or may move or second a motion to bring a matter to a vote. f. Agenda items for a MRSWMP meeting are determined by the Chair in consultation with Program Administrator Support Staff.

3. Brown Act – MRSWMP MC is regulated by the Brown Act and must comply with open public meeting noticing and assembly requirements. Key sections include the following:
a. A meeting is considered the congregation of a majority of members and shall be open to the public (including ADA accessibility needs).
b. There are seven MRSWMP voting members; a quorum constitutes communication with a minimum of four members at one time.
c. Agendas must be posted publicly at least 72 hours prior to the meeting time, to include a brief general description of each item to be discussed. Staff posts notices online on the Monterey SEA website, physically at the M1W Administration Office, and through bulk email notifications.
d. MC leadership shall offer public comment opportunities on any item of interest to the public, before or during the consideration of the item within MRSWMP’s jurisdiction. e. No communications between a majority of MC Members may be used to discuss, deliberate, or take action on any item within the subject matter jurisdiction of the MC outside of properly noticed meeting sessions.
f. Program Administrator staff may engage in separate conversations with MRSWMP Members regarding MC business to answer questions or provide additional information.

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4. Other Duties:
a. Support generation of public meeting content – meet with Program Administrator Support Staff to suggest agenda items and to review meeting materials. b. Provide feedback – review and provide input on meeting packet materials, official correspondence, and other supporting documents on behalf of MRSWMP.

5. Annual Calendar (approximate dates – may be adjusted to accommodate schedules and holidays)
a. Committee meetings: fourth Wednesday of each month
b. In-person meeting agenda/minutes review with Program Administrator Support Staff:
second Wednesday of each month
c. Approval of draft meeting packets via email: third Wednesday of each month Meeting agendas and packets are not published until approval is received from the Chair and Vice Chair.

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EXHIBIT B: BUDGET
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B.1: Budget
Prior to the start of each fiscal year, the Program Administrator, under the direction of the MC, will prepare a Draft Budget and submit it to the MC for its review. The Draft Budget will include a proposed approach for the allocation of costs (cost-sharing) to each PERMITTEE. The Program Administrator will revise the Draft Budget to address concerns and comments from the MC, and the MC then will approve and adopt a Final Budget for the fiscal year. The Final Budget shall be presented to the AGENCY’s Director of Finance by May of the preceding fiscal year for approval by the Program Administrator’s Board of Directors.

The Program Administrator will establish a separate job-cost code in its accounting system, to which hours spent and out-of-pocket costs related directly to performing work as the Program Administrator and for services of the Program Administrator will be charged. The Program Administrator will send quarterly reports to the MC summarizing the work the Program Administrator has performed during that quarter, the total fiscal year expenditures to conduct Program tasks, and the portion of the cost allocated to each PERMITTEE. The portion of the cost allocated to the PERMITTEE will be calculated in accordance with the cost-sharing approach specified in the adopted Final Budget. The parameters for cost-sharing calculations are described in EXHIBIT B.2.

Direct and Indirect Costs: The costs for AGENCY's services as the Program Administrator will consist of both direct and indirect costs. Direct costs are costs which can be tracked through timecards, invoices, record-keeping systems, and other records that specifically allocate a cost to these services.

Indirect costs are all other costs incurred by AGENCY in order to perform its duties as the Program Administrator, with the percentage of allowable indirect costs tied to the Consumer Price Index Average for San Francisco3. Examples of the types of indirect costs that AGENCY is likely to incur are described in EXHIBIT B.3.

Budget Amendments: The Program Administrator and the PERMITTEES recognize that the budget will be based on estimated costs and that actual costs may differ from the budgeted amounts. The Program Administrator will evaluate all completed and proposed expenditures in order to reduce any budget amendments requested. If it appears that costs will exceed the budgeted amounts, the Program Administrator will notify the MC before incurring costs in excess of the budgeted amounts.

Should any anticipated expenditure exceed the limits of the adopted budget, the AGENCY must submit a formal request to incur costs in excess of the budgeted amounts, using the Budget Amendment Form in EXHIBIT B.4. All budget amendment requests shall include description of the proposed change, reason for the change, amount of the change, and estimated timeframe for expenses to be incurred.

If the MC determines, by way of majority vote at a duly-noticed Committee meeting, that it is appropriate to have the Program Administrator incur additional costs above the budgeted amounts, the AGENCY shall proceed to expend the approved funds. No budget amendment will be considered final or acted upon until it has received formal approval by the MC. 3 US Bureau of Labor Statistics https://www.bls.gov/regions/west/ca_sanfrancisco_cmsa.htm PGCC 11-5-2025

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B.2: Schedule Parameters
The costs of Program activities are shared between each PERMITTEE to ensure equitable division of budget elements. Parameters for each Cost Share Schedule are split into the categories specified in Table B and determined according to the calculations below.

Table B: Cost Share Calculations
Cost Share
Schedule Basis of Calculation
A (total) Program Administrator Positions
A-1 Fixed Fee Portion
A-2 Population-Based Portion
B Population, Permitted Area
C Number of Monitoring Locations
D Regional Module Cost Discount
E Reg. Subscription Cost Discount

1. Schedule A
a. Program Administrator Support Staff salaries and benefits – one Full Time Equivalent staff member (a total of 2,080 working hours annually). Staff members receive an annual cost of living adjustment (between three percent (3%) and six percent (6%)) and may be eligible for five percent (5%) salary step increases each year, both of which will be included in budget estimates.
b. A-1: Fixed fee for each PERMITTEE for the portion of Support Staff hours deemed to be equally beneficial to all PERMITTEES.
c. A-2: Based on census populations for each PERMITTEE.

2. Schedule B
a. Programs budget – including training session organization, conferences, travel, and PERMITTEE enrichment.
b. Direct percentage of population share of individual PERMITTEE areas, including COORDINATING ENTITIES’ portion of the population.

3. Schedule C
a. Stormwater Monitoring Program costs – including volunteer recruitment, laboratory analysis fees, data analysis, and annual report preparation. b. Direct percentage of water quality monitoring locations within each jurisdiction.

4. Schedule D
a. Program Effectiveness Assessment and Improvement Plan software cost. b. Calculation based on software module use by each PERMITTEE and the population within each jurisdiction.

5. Schedule E
a. California Stormwater Quality Association (CASQA) membership. b. Calculation based on individual subscriber cost by population and division of PERMITTEE discounts through the regional subscription total.

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B.3: Indirect Costs
Indirect costs are defined as cost items that cannot be identified specifically with a single cost objective in an economically feasible manner.

For the costs covered by this AGREEMENT, indirect costs will be charged at 10% of all other direct costs and will be updated, as deemed necessary, with Consumer Price Index adjustments for the San Francisco Region.

The following are the types of indirect costs expected to be incurred in conducting Program activities:
• Use of AGENCY electronic processing systems, including hardware/software for printers, modems, and financial and data processing. Costs include depreciation as well as internal and external maintenance, service agreements, software support, and payroll processing. • The use of supplies and/or services that are not feasible or not cost-effective to segregate, such as disposables, shared office supplies, forms, paper, and postage. • Purchasing services, including AGENCY staff time seeking bids, communicating with vendors, preparing requisitions, and issuing purchase orders. • Use of existing office equipment (copiers, fax machines, scanners, computers) and their related repair, supplies, and maintenance.
• Centralized telephone system and use of AGENCY cellular phones. • AGENCY Administration building costs (use, utilities, insurance). • Administrative services including agency-wide training programs (such as safety, sexual harassment prevention), employee assistance programs, and general office support. • Use of upper-level AGENCY staff for overall coordination, management, and support of stormwater permitting activities and Support Staff work performance. • Utilization of Program Administrator Attorney to provide legal input on items pertaining to Program activities, at the request of the AGENCY or MC.

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B.4: Budget Amendment Form
Monterey Regional Stormwater
Management Program (MRSWMP)
Budget Amendment Form
Amendment No. Date:

From: Program Administrator [support staff names], Monterey One Water Description: [Describe request]
List Any Attachments: [Please provide if any.]
Amendment Dollar Amount: Not to exceed [enter amount]
APPROVED BY:

MRSWMP Management Committee Chair Monterey One Water Program Administrator Date: Date:

Signed: Signed:

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EXHIBIT C: AGENCY PROCUREMENT POLICY
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Monterey One Water Procurement Policy
The PARTIES to the MRSWMP MOA shall abide by the AGENCY Procurement Policy with respect to general purchases and consultant services for Program activities.

Should the AGENCY Board of Directors adopt new thresholds for purchasing authority levels of approval or required processes, the Program Administrator shall notify the MC in writing as soon as possible.

Table C.1 and C.2 show the Procurement Policy cost ranges and associated requirements, as approved by the AGENCY Board of Directors July 1, 2017, and amended October 28, 2022.

Table C.1: Solicitation Types
Cost Range Type of Solicitation
Less than $5,000 Informal; solicit one written quote
$5,000 - $35,000 Informal; solicit three (3) written quotes Over $35,000 Advertise for Sealed Bids or issue a Request for Proposals/Qualifications Table C.2: Authority Levels
Position Authority Limit
Designated Employees $11,000
Supervisor $25,000
Manager/Director $40,000
Director $60,000
Assistant General Manager/Director of Finance $80,000
General Manager $135,000
Board of Directors $135,001 or more
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EXHIBIT D: DUTIES OF

THE PROGRAM ADMINISTRATOR &

PROGRAM ADMINISTRATOR SUPPORT STAFF
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D.1: Duties of the Program Administrator
Program Administrator: The Program Administrator shall perform the following duties:
• Assist in the recruitment, management, supervision, and retention of Stormwater Program Administrator Support Staff.
• Provide assistance in financial oversight, to include basic Program accounting services and Program budget management, of Stormwater Program Administrator Support Staff. • Provide overall coordination, management, and support of Program activities.

Program Administrator Support Staff: The Stormwater Program Administrator Support Staff shall perform the following duties:
• The Program Administrator Support Staff will be paid from Program funds in accordance with the adopted Program budget.
• Work assignments are given to the Program Administrator by the MC and not by individual PERMITTEES.
• The Program Administrator Support Staff are not responsible for providing program management services related to individual PERMITTEES’ Community-Specific Programs. • In conformance with the Brown Act, arrange for and facilitate meetings of the MC, including making meeting room arrangements, preparation and distribution of agenda materials and meeting notices, and preparation and distribution of meeting minutes. • Advise the MC to ensure that the PERMITTEES are in conformance with Robert's Rules of Order and parliamentary processes for meetings and decision making. • Permit compliance management, including maintaining and promulgating an up-to-date schedule of the activities to be conducted by the MC and its individual PERMITTEES.

Anticipate plans, procedures, policies, and other items necessary to carry out the commitments and obligations under the Program and MS4 Permits; prepare and present same to the MC for their review, direction, and approval. • Prepare the consolidated Regional Annual Report required by the Permit and other permitrelated reports and documents. • Coordinate with RWQCB and SWRCB on Phase 2 Small Municipal Storm Water permitting issues at the direction of the MC.
• As directed by the MC, prepare updates to the Program in conjunction with permit renewals and/or implementation by the SWRCB and/or the RWQCB of new permits or permit requirements.
• At the direction of the MC, manage budget preparation and execution on behalf of the PERMITTEES, including recordation of employee expenses and the proper apportionment to the PARTICIPATING ENTITIES.
• Work with Program Administrator accounting staff with regard to accounts payable, receivable, and invoicing, and review and process Outside Consultant invoices in a timely manner.
• At the direction of the MC, manage contracts with and manage the work of Outside Consultants to perform Program tasks, if deemed necessary and approved by the MC.

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• Interact with additional Program Administrator staff, such as secretarial, clerical, accounting, and source control, to carry out the work of the Program Administrator Support Staff. • Maintain documents and files both electronically and in hard copy in a logical and understandable manner.
• Arrange for training programs to be conducted to fulfill Program Best Management Practices requirements at the direction of the MC. Such work may involve contracting with training consultants or preparing and presenting the training using in-house resources. • Maintain an up-to-date awareness and knowledge of State and Federal stormwater requirements and, as directed, California Marine Protected Area policies and requirements and Monterey Bay National Sanctuary programs and requirements. Keep the MC sufficiently briefed on programs, potential changes in regulations, grants, and other such matters so that the MC may provide direction and take timely action regarding these types of items. • Participate in California Stormwater Quality Association (CASQA), SWRCB, and RWQCB activities such as meetings, programs, etc. when and if directed by the MC to do so. • Prepare other documents such as correspondence to regulatory agencies and advocacy organizations for review, editing, and finalization by the MC. If so directed by the MC, participate in State task forces and other groups pertaining to Program matters. • As needed, and if so directed by the MC, assist the Public Education and Public Outreach Program Coordinator with such activities as public education, public outreach events, storm drain stenciling, publicity, grant writing, water quality monitoring, and source tracking. • Research and report on various topics of interest to the MC, at the direction of the MC.

Program Administrator Evaluations: At the end of each fiscal year, the full Management Committee (MC) shall conduct an annual performance evaluation of the AGENCY. This evaluation shall be carried out during an Ad Hoc Committee meeting, with the participation of the Program Administrator. Each MC Member shall assess independently the AGENCY’s performance using the standardized evaluation template provided in EXHIBIT D.2. This process ensures transparency, accountability, and continuous improvement in the implementation of the AGREEMENT.

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D.2: Program Administrator Evaluation Template
Agency: Monterey One Water, MRSWMP Program Administrator (Agency) Support Staff Members:

Performance Feedback Period:

Evaluator: Date of Discussion:

COMPETENCY REVIEW
Please provide feedback on the Agency’s performance relating to the following competencies and specify the appropriate Performance Standards value (defined in description below). • Accuracy & Quality of Work
• Decision Making
• Innovation & Creativity
• Planning & Goal Setting
• Problem Solving
• Teamwork, Consultant Coordination
• Other
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PROGRAM AREAS OF RESPONSIBILITY
Given the two major categories of Program Administrator responsibilities, summarize the efficacy of these elements:

Administration:

Outreach:

GOALS & EXPECTATIONS
Stormwater Permit Priorities:

Accomplishments:

Incomplete this year:

GOAL SETTING
Identify and list the most important goals that support the MRSWMP objectives for the next review cycle, and indicate how to evaluate goals for success:

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MRSWMP MOA Revision 2025 Page 29 of 33

SUMMARY OF OVERALL PERFORMANCE
Please summarize the overall performance of the Program Administrator and assign a Performance Standards value.

AGENCY COMMENTS
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________

PERFORMANCE STANDARDS
E = Exceeds Performance Expectations
Work can be described as consistently exceptional, regularly exceeding Program objectives, goals, and standards.

P = Performs Well
Strong performance and meets the Program’s high expectations and standards. Can be relied upon to consistently perform quality work that furthers the Program’s goals and objectives.

N = Not Meeting Expectations
Agency is not fully meeting all expectations of the job.

C = Corrective Action
Agency is not meeting performance expectations and needs to improve in order to retain the role of Program Administrator. A corrective action plan must accompany this document.

The Program Administrator has reviewed this document and discussed the contents with the Committee.
____________________________________________________________________________________ Program Administrator Representative Signature Date
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MRSWMP MOA Revision 2025 Page 30 of 33
EXHIBIT E: DEFINITIONS
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MRSWMP MOA Revision 2025 Page 31 of 33
Definitions
Term Definition
40 CFR 122.6 "States authorized to administer the NPDES program may continue either EPA or State-issued permits until the effective date of the new permits, if State law allows."
ADA Americans with Disabilities Act
AGENCY Monterey One Water, a JPA organized under California law AGREEMENT Memorandum of Agreement, as signed in 2025 between individual MS4 permit holders
Brown Act Also, Ralph M. Brown Act. Government Code Section 54950 et seq., regulating the procedures of MC meetings to ensure public access and transparency
CASQA California Stormwater Quality Association
Clean Water Act section
402(p)(6)
"Not later than October 1, 1993, the Administrator, in
consultation with State and local officials, shall issue regulations (based on the results of the studies conducted under paragraph (5)) which designate stormwater discharges, other than those discharges described in paragraph (2), to be regulated to protect water quality and shall establish a comprehensive program to regulate such designated sources. The program shall, at a minimum, (A) establish priorities, (B) establish requirements for State stormwater management programs, and (C) establish expeditious deadlines. The program may include performance standards, guidelines, guidance, and management practices and treatment requirements, as appropriate."
Community-Specific
Programs
Each permit-holding jurisdiction must implement stormwater management requirements specified in their respective MS4 permits. These programs are separate from regional
coordination efforts and unique to each PERMITTEE.

COORDINATING ENTITIES Non-traditional agencies that are not subject to similar permit requirements and include land parcels adjoining PERMITTEE areas that may impact shared watersheds
Counterpart A copy of the signed MOA, whether that be shared electronically or in hard copy
CWA Federal Clean Water Act
Duly Authorized
Representative
An individual with the authority to enter into agreements on behalf of each jurisdiction
DWQ State Water Resources Control Board Division of Water Quality EPA Federal Environmental Protection Agency
General Permit Water Quality Order No. 2003-005- DWQ, NPDES General Permit CAS000004 WDRs for Storm Water Discharges from
Small Municipal Separate Storm Sewer Systems, adopted April 30, 2003
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MRSWMP MOA Revision 2025 Page 32 of 33
Government Code Section
54950 et seq.

The Ralph M. Brown Act (Brown Act), pertaining to guidelines for public meetings to ensure public access and transparency Government Code Section
810.8
"'Injury' means death, injury to a person, damage to or loss of property, or any other injury that a person may suffer to their person, reputation, character, feelings or estate, of such nature that it would be actionable if inflicted by a private person." Government Code Section
895.4
"As part of any agreement, the public entities may provide for contribution or indemnification by any or all of the public entities that are parties to the agreement upon any liability arising out of the performance of the agreement."
Government Code Section
895.6
"Unless the public entities that are parties to an agreement otherwise provide in the agreement, if a public entity is held liable upon any judgment for damages caused by a negligent or wrongful act or omission occurring in the performance of the agreement and pays in excess of its pro rata share in satisfaction of such judgment, such public entity is entitled to contribution from each of the other public entities that are parties to the agreement. The pro rata share of each public entity is
determined by dividing the total amount of the judgment by the number of public entities that are parties to the agreement. The right of contribution is limited to the amount paid in satisfaction of the judgment in excess of the pro rata share of the public entity so paying. No public entity may be compelled to make contribution beyond its own pro rata share of the entire judgment."
JPA Joint Powers Authority
Management Committee The official management and oversight body of MRSWMP MOA Memorandum of Agreement
MONTEREY ONE WATER A JPA organized under the laws of the State of California MRSWMP Monterey Regional Storm Water Management Program MS4 Municipal Separate Storm Sewer System
NPDES National Pollutant Discharge Elimination System
Order California Water Quality Order No. 2013-0001-DWQ NPDES General Permit No. CAS000004, adopted February 5, 2013
Outside Contractors Any consultant(s) or contractor(s) to be paid from Program funds, who are selected by the Program Administrator to perform duties related to permit compliance activities
PARTY, or collectively as

PARTIES
The AGENCY and PERMITTEES signing onto the 2025 MOA
PERMITTEE, or collectively as

PERMITTEES
City of Carmel-by-the-Sea, a municipal corporation of California; City of Del Rey Oaks, a municipal corporation of California; City of Monterey, a municipal corporation of California; City of Pacific Grove, a municipal corporation of California; City of Sand City, a municipal corporation of California; City of Seaside, a municipal corporation of California; and County of Monterey, a political subdivision of California.

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MRSWMP MOA Revision 2025 Page 33 of 33
Program Monterey Regional Storm Water Management Program Program Administrator Monterey One Water, a JPA organized under California law Program Attorney An attorney or firm selected by the MC that is experienced with the Clean Water Act and Municipal Storm Water NPDES Permits to provide legal advice to the Management Committee on all matters involving administration of the Program's NPDES Permit and such other matters upon which the Management
Committee may seek legal advice or request legal
representation
RWQCB California Regional Quality Control Board - Central Coastal Basin
SWRCB California State Water Resources Control Board
WDQ Waste Discharge Requirements
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MRSWMP 2025 MOA Updates Memo Page 1 of 2
Monterey Regional Stormwater Management Program (MRSWMP) Committee Informational Memo
TO: MRSWMP Management Committee (MC) Members
FROM: Erica Parker, MRSWMP Program Administrator Support Staff DATE: July 1, 2025
SUBJECT: Summary of MRSWMP Draft Memorandum of Agreement Updates

BACKGROUND
The initial Memorandum of Agreement (MOA) signed by stormwater permit-holding jurisdictions was created in 2013. Population numbers were updated in 2020 following the publication of new census data. Other than permittee population numbers, the MOA has remained substantially the same since MRSWMP’s inception.

DISCUSSION
Program Administrator Support Staff have worked to update the MOA, under the direction of Members, to reflect current Program membership, structure, and forthcoming stormwater permit reissuance.

Priority content that has been updated in this draft includes: updated program membership, language to specify MOA applicability upon the issuance of a new stormwater discharge permit, a member and staff Code of Conduct, and clarification on the roles of the Program Administrator and Program Administrator Support Staff.

PROCESS
An MOA Ad Hoc Committee was formed in January 2025, consisting of Chair Kevin Anderson, Member Michael Trapani, and Program Administrator staff Erica Parker and Yohana Vargas. This draft has been presented to and reviewed by the MOA Ad Hoc Committee over the last five months.

Monterey One Water legal counsel reviewed the final draft in its current form as well.

During the regular June 25, 2025, MRSWMP MC meeting, the June MOA Final Draft was approved unanimously. Each member now shall present the final MOA draft to their respective approval authorities (i.e. City Council, Board of Supervisors).

Should any jurisdiction wish to make substantive edits, these must be provided to the MC within three months of MC approval of the final draft. Minor edits do not require approval by the MC, but if Support Staff determines that the changes proposed constitute sizeable modifications, the entire MC shall weigh in on whether to accept these edits. If no changes are requested or made, MC Members shall provide signed counterparts of the MOA to Support Staff, electronically or by hard copy.

Once all Member Entities have provided signatures of approval to the Program Administrator, the MOA shall be presented to the Monterey One Water Board of Directors for final approval. No additional action is required to adopt the agreement, and, at that point, it shall be deemed complete and executed.

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MRSWMP 2025 MOA Updates Memo Page 2 of 2
Summary of Updates by Section:

1. MOA Content:
a. Updated permittee list, agency name
b. Language added re: new permit issuance
c. Agency Procurement Policy included
d. Program Administrator invoicing specified as biannual and for expenses incurred only e. Severability clause added

2. Exhibit A: Bylaws
a. Management Committee (MC) representation process specified b. Clarification on virtual participation in meetings by MC Members c. Definition of Coordinating Entities added
d. Code of Conduct included, specified application to all individuals acting on behalf of MRSWMP in any setting
e. MC Representative Nomination Letter created
f. Chair & Vice Chair Roles & Responsibilities added

3. Exhibit B: Budget
a. Allowable indirect cost percentage tied to San Francisco Consumer Price Index b. Details on formulas to calculate cost-share for each budget schedule c. Budget Amendment Form created

4. Exhibit C: Agency Procurement Policy included

5. Exhibit D: Program Administrator Duties
a. Program Manager wording changed to Program Administrator and Support Staff b. Program Administrator Evaluation Template added

6. Exhibit E: Definitions page added
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Agenda No. 9 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Gho, Public Works Director/Deputy City Manager MEETING DATE: November 05, 2025
SUBJECT: Police Department Building Roof Repairs
CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities

RECOMMENDATION
Authorize an agreement with Premo Roofing for the removal of the existing roof and the re-roofing of the Pacific Grove Police Department building, for an amount of $58,940.00 plus a 15% contingency.

1. 2. Alternatively, discuss and take other action related to this item.

DISCUSSION
The Pacific Grove Police Department, located at 580 Pine Avenue, provides full-service policing, 24/7, to the Pacific Grove community. The Police Department building is vital to the success of the department, as it houses 23 sworn officers and 11 non-sworn employees who together execute the daily tasks of the department. To ensure excellent service continues, it is crucial that employees have a suitable working environment that allows them to execute their tasks.

This project will address a known roof leak caused by the deterioration of the existing hot mop tar and rolled asphalt roofing, which is over 40 years old and beyond its serviceable life. While the roof has been temporarily patched, permanent repairs are essential to prevent further damage. The project will involve the installation of a new PVC membrane roof, ensuring long-term durability and avoiding more costly infrastructure repairs down the line.

The City’s Public Works Department reviewed the scope of work and began to solicit quotes for the removal and replacement of the decades old roof. The City received 3 quotes:

Firm Quote/Proposal
Premo Roofing $58,940.00
Knox Roofing $61,115.00
WeatherWeld $66,808.00
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The City is requesting that the City Council authorize an agreement with Premo Roofing for the removal of the existing roof and the re-roofing of the Pacific Grove Police Department building, for an amount of $58,940.00 plus a 15% contingency.

The City deviated from the typical Request for Proposals process as Public Works sought formal quotes for the project. The process utilized Pacific Grove Municipal Code section 2.16.080 (f), which allows for an exemption from formal bidding requirements in cases when the supplies, equipment or materials are such that suitable technical or performance specifications are not available, and the city is unable to develop descriptive specifications, and 2.16.080 (i), when reasonably necessary for the preservation or protection of public peace, health, safety or welfare of persons or property.

OPTIONS
Do not approve a contract for roof repairs at the Police Department.

FINANCIAL IMPACT:

The Police Building Roof Repair Project (CIP26-10) was approved in the FY25/26 CIP with a budget of $70,000 derived from the operating donations improvement (Fund 31).

FOCUSED PRIORITY AREA: Infrastructure
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Agenda No. 9 C

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Gho, Public Works Director/Deputy City Manager MEETING DATE: November 05, 2025
SUBJECT: Fire Station Alerting System
CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities

RECOMMENDATION
Authorize an agreement with US Digital Designs by Honeywell International, Inc. for the purchase and installation of a new station alerting system in Fire Station 14, for an amount of $142,724.25.

1. 2. Alternatively, discuss and take other action related to this item.

DISCUSSION
In October 2010, a contract was awarded to ComTech to replace the speaker system/station alerting systems in Fire Station 14, Pacific Grove's Station at 600 Pine Avenue. The systems are now about 15 years old and no longer reparable. As of 2022, ComTech no longer exists and many of the parts are no longer made and other companies that we have contacted are not familiar enough with the old ComTech system to guarantee their ability to fix the current issues.

The County of Monterey is currently in the process of upgrading their dispatching system from a two-tone paging system to an IP-based paging system. The new system will allow dispatchers to simultaneously dispatch units instead of one by one. This will result in faster dispatching times, which may reduce response times. The City’s current station alerting system is not compatible with the new IP-based paging system.

Other benefits of replacing the current station alerting system include a mobile device app allowing customized alerting options. For example, the Fire Department can specify apparatus assignments for individual bedrooms to reduce excess dispatches. The new system will allow for automated text-to-speech, which will have the computer system speaking for parts of the dispatch, such as the address/location. Having a very clear and consistently dispatched address ensures crews will arrive at the correct location. In addition, the new speakers will project clear sound, so firefighters should not need to ask for clarification due to unclear/not understandable sound.

Monterey Fire obtained a quote for the installation of a new alerting system in Fire Station 14, in September of 2025 for a total of $142,724.25. Pacific Grove Municipal Code section 2.16.080 (g) allows for an exemption from formal bidding requirements in cases when the article can be purchased more economically through the central purchasing authority of another governmental agency. This PGCC 11-5-2025

more economically through the central purchasing authority of another governmental agency. This acquisition will be purchased from Honeywell International, Inc. by utilizing the NPPGOV contract #PS20350.

OPTIONS
Do not approve the agreement.

FINANCIAL IMPACT:

The project is being funded from the Fire Emergency Equipment Fund (Fund 12). The adopted 2025/26 Capital Improvement Program included $100,000 for a fire station alerting system upgrade. At the October 15, 2025, and subsequently at the November 5, 2025 (second read), City Council meeting, the City Council approved an ordinance to increase the project budget by $42,724.25, aligning the project budget with the received quote of $142,724.25, which will be derived from Fund 12, the Fire Emergency Equipment Fund.

FOCUSED PRIORITY AREA: Infrastructure
Attachments
Alerting System Proposal
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US DIGITAL DESIGNS Author: DWK
by Honeywell Date: 9/16/2025
1150 W Grove Pkwy St #110 Expires: 12/15/2025
Tempe, AZ 85283 Proposal: CA_PGRV002 v2
Quotation to:

City of Pacific Grove, CA
Pacific Grove Fire Department
Project:

G2 Fire Station Alerting System
One (1) Station System - FS14
Pricing pursuant to the Master Price Agreement entered into between League of Oregon Cities (LOC) and USDD, and made available to members of the National Purchasing Partners, LLC, dba Public Safety GPO, dba Law Enforcement GPO, and dba NPPgov - Contract #PS20350. More information available at: https://nppgov.com/contract/honeywell/ Pacific Grove Fire Department is a member: M-5726141
Paul Gyore
Principal Territory Manager
(602)-828-0287
(602)-687-1730
[email protected]
stationalerting.com
Installation by:

Tech Electric
Bob McCabe
This proposal is subject to corrections due to errors or omissions PROPRIETARY and CONFIDENTIAL TITLE Page 1 of 10
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US DIGITAL DESIGNS Date: 9/16/2025
by Honeywell Expires: 12/15/2025
Quote Submitted To: Proposal:

City of Pacific Grove, CA CA_PGRV002 v2
Pacific Grove Fire Department
STATION 14
USDD Design Referenced:

USDD.CA_PGRV.FS14.FSA.2025.09.02

STATION SYSTEM LICENSES
Part No. Description Quantity US List Unit Unit Price Extended Price G2-VA G2 Voice Alert - Single Station License 1 $ 1,433.25 $ 1,289.93 $ 1,289.93 G2-APP-DLA G2 Mobile FSAS App 24 $ 15.00 $ 13.50 No Charge

STATION SYSTEM CONTROLLER
Part No. Description Quantity US List Unit Unit Price Extended Price ATX G2 ATX Station Controller 1 $ 23,272.50 $ 20,945.25 $ 20,945.25 UPS-STD ATX UPS, Standard 1 $ 1,017.64 $ 915.88 $ 915.88 UPS-WMB Wall-Mount for UPS (Shelf/Bracket) 1 $ 77.25 $ 69.53 $ 69.53

STATION SYSTEM PERIPHERAL COMPONENTS
Part No. Description Quantity US List Unit Unit Price Extended Price TV-R G2 HDTV Remote 1 $ 1,121.50 $ 1,009.35 $ 1,009.35
PB-B Push Button, Standard (Black) 1 $ 126.50 $ 113.85 $ 113.85 PB-R Push Button, Emergency (Red) 1 $ 126.50 $ 113.85 $ 113.85 MR-2 G2 Message Remote 2 3 $ 1,753.75 $ 1,578.38 $ 4,735.14 USDD-LCD-SIGN G2 LCD Message Sign 2 $ 3,000.00 $ 2,700.00 $ 5,400.00 MS-MNT MS Mount - Articulating 2 $ 390.00 $ 351.00 $ 702.00 RR-2 G2 Room Remote 2 4 $ 2,275.35 $ 2,047.82 $ 8,191.28 SPK-LED-FM G2 Speaker - LED Illuminated, Flush Mount 14 $ 374.00 $ 336.60 $ 4,712.40 SPK-LED-SM G2 Speaker - LED Illuminated, Surface Mount (Metal Box) 13 $ 374.00 $ 336.60 $ 4,375.80 SPK-OAS G2 Speaker - OmniAlertStrobe 3 $ 1,575.00 $ 1,417.50 $ 4,252.50 SPK-W-SM Speaker - Appbay/Outdoor - Weatherized, Surface Mount 2 $ 373.75 $ 336.38 $ 672.76 STR-2 G2 Strobe Light / Red LED 1 $ 661.50 $ 595.35 $ 595.35

STATION SYSTEM SERVICES
Part No. Description Quantity US List Unit Unit Price Extended Price ST-INST Station Installation by: Tech Electric 1 $ 73,662.60 $ 73,662.60 $ 73,662.60 ST-SU Station Configuration & Commissioning 1 $ 2,750.00 $ 2,475.00 $ 2,475.00 ST-PM Station Project Management 1 $ 1,350.00 $ 1,215.00 $ 1,215.00 ST-ES Station Engineering & Design Services 1 $ 750.00 $ 675.00 $ 675.00 PROPRIETARY and CONFIDENTIAL FS14 Page 2 of 10
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STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT Part No. Description Quantity US List Unit Unit Price Extended Price RS-1YR-STD
[STANDARD] 1st Year Warranty & Support - Included with Initial Purchase
Technical phone support Monday through Friday from 08:00 to 17:30 MST, excluding USDD holidays;
Remote access support Monday through Friday from 08:00 to 17:30 MST, excluding USDD holidays;

1.0 $ 6,454.99 $ 5,809.49 No Charge
STATION 14
Equipment Only: $ 58,094.87
System: $ 136,122.47
Shipping: $ 1,228.00
Warranty & Support: $ -
Estimated Tax: $ 5,373.78
Station Subtotal: $ 142,724.25
Warranty & Support Notes:

Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement. USDD cannot warrant nor support any system configuration that deviates from this specific proposal's documented station system design file number. USDD cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannot warrant nor support any system not installed by G2 Trained & Certified Installation technician (installer). If customer intends to tie this system into any 3rdparty system or devices, USDD will be unable to warrant or support the sytem until we've had a chance to review documented engineering assumptions and approve system integrity, performance and reliability expectations.

For FSAaaS Program: The cost of service and support beyond initial warranty period is included in the FSASaaS Program for a total of 5 years. The service and support includes Mobile Smart Phone Alerting App and Mapping Services. Please see the FSASaaS Subscription Agreement for more information concerning the service and support provided by USDD. USDD cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannnot warrant nor support any system not installed by G2 Trained & Certified Installation technician (installer). If customer intends to tie this system into any 3rd-party system or devices, USDD will be unable to warrant or support the sytem until we've had a chance to review documented engineering assumptions and approve system integrity, performance and reliability expectations.

Station System Installation Notes:
01 - Unless specifically detailed in this proposal, no installation by USDD or it's subcontractors is assumed or provided. 02 - Because these are mission-critical systems, USDD can only warrant and support systems installed by G2 Trained and Certified Contractors. 03 - USDD can source, qualify, train and certify Local Licensed Regional Subcontrators where needed. 04 - Installation warranted by installation contractor - G2 FSAS warranted, serviced and supported by USDD. 05 - Unless specifically detailed in this proposal, installation to be performed during normal working hours. 06 - Unless specifically detailed in this proposal, no permit fees or material charges have been included. 07 - Unless specifically detailed in this proposal, no removal or remediation has been assumed or included. 08 - Unless specifically detailed in this proposal, no bonds of any type (performance, bid) have been assumed,included or budgeted for in this proposal. 09 - USDD FSAS Equipment to be made available by owner to Installation Contractor prior to on-site arrival. 10 - Structural backing for system devices and other millwork (not specifically detailed) by others. 11 - If applicable, Gas Control Shutoff Valve Addendum (to USDD and installation contractor) must be signed prior to installation. 12 - All electrical power, including (but not limited to) raceway,conduit, backboxes, service panels, high-voltage wiring and fixtures by others. 13 - All communications pathway infrastructure (network, radio, etc.) by others unless specifically detailed in this proposal. 14 - USDD cannot warrant nor support any owner-furbished (3rd-Party) system or component we are required to integrate with. USDD cannot warrant nor support any system or component it has not proofed engineering for and has not specifically authorized for use within public safety environments. 15 - Any misuse, unauthorized modification, improper installation, excessive shock, attempted repair, accident, or improper or negligent use, storage, transportation, or handling by any party other than USDD shall render this limited warranty null, void and of no further effect PROPRIETARY and CONFIDENTIAL FS14 Page 3 of 10
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US DIGITAL DESIGNS Date: 9/16/2025
by Honeywell Expires: 12/15/2025
Quote Submitted To: Proposal:

City of Pacific Grove, CA CA_PGRV002 v2
Pacific Grove Fire Department
Unless Otherwise Noted, All Prices are $USD
STATION 14 SYSTEM: 137,350.47
STATION 14 WARRANTY & SUPPORT: -
STATION 14 ESTIMATED TAX: 5,373.78
US Digital Designs System Total: $ 142,724.25
(TBD By Customer) Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement Dispatch or station level training is not included in this proposal. Contact your Regional Territory Manager to schedule additional training if needed
Section Totals
Notes: One (1) Station System currently included in this proposal with installation by Tech Electric.

PROPRIETARY and CONFIDENTIAL SECTION TOTALS Page 4 of 10 PGCC 11-5-2025

TERMS AND CONDITIONS OF HONEYWELL PRODUCT SALES
These terms and conditions of sale (“Terms and Conditions”) are adopted effective January 1, 2023 (the “Terms and Conditions Effective Date”), and supersede all prior versions covering the sale of products and related services (collectively, “Products”, as defined more specifically below) by Honeywell International Inc., through its US Digital Designs group (“Honeywell”). References to “Customer”, “you”, or “your” all pertain to the purchaser of Products. These Terms and Conditions, together with any separate agreement you may have with Honeywell that specifically references these Terms and Conditions (collectively, the “Agreement”) set forth the entire agreement between the parties relating to your purchase of Honeywell Products. The Agreement may only be modified by an authorized representative of each party in a signed writing.

1. ORDERS. Orders (including any revised and follow-on orders) (each, an “Order”) for Honeywell Products are non-cancelable, except as expressly set forth herein, and will be governed by the terms of the Agreement. All Orders are subject to acceptance by Honeywell and shall include the following information: purchase order number; customer’s legal name and billing address; Customer’s shipping address; and a list of the Products and quantities for each different type of Product Customer wishes to order. Honeywell’s acknowledgment of its receipt of an Order shall not constitute acceptance of such Order.

1.1 No Returns. Because of the nature of System and its Products, Honeywell cannot accept returns of Product for refund, credit, exchange or any other purpose. Notwithstanding, defective Products may be returned as provided for under Section 9.4 – Return Material Authorization Process. Customer must thoroughly assess its requirements and specifications prior to ordering.

2. REMITTANCES. All invoices shall be due and payable upon receipt in United States currency, free of exchange or any other charges, or as otherwise agreed in writing by Honeywell.

3. QUOTE PRICING. This proposal expires 30 days after its date. Prices are subject to correction for error. Prices, terms, conditions, and Product or Service specifications are subject to change without notice. Pricing is subject to immediate change upon announcement of Product discontinuance.

4. PAYMENT.

4.1. Invoicing & Payment. Honeywell reserves the right to invoice Customer monthly for all materials delivered. Invoices are due thirty (30) days from the date of the invoice, unless prepayment is required in the quote. If the Customer becomes overdue in any progress payment, Honeywell shall be entitled to suspend further shipments, shall be entitled to interest at the annual rate of 18%, or the maximum amount allowed by law, and shall also be entitled to avail itself of any other legal or equitable remedies. Customer agrees that it will pay and/or reimburse Honeywell for any and all reasonable attorneys’ fees and costs which are incurred by Honeywell in the collection of amounts due and payable hereunder.

4.2. Payment Disputes. Any disputes must be provided to Honeywell as soon as possible and must be accompanied by detailed supporting information. Disputes as to invoices are deemed waived fifteen (15) days following the invoice date. In the event that any portion of an invoice is undisputed, such undisputed amount must be paid by no later than the invoice due date.

4.3. No Set Off. Neither Customer nor any related entities (or representatives or agents thereof) shall attempt to set off or recoup any invoiced amounts or any portion thereof against other amounts that are due or may become due from Honeywell, its parent, affiliates, subsidiaries or other legal entities, business divisions, or units.

4.4. Credit Card Payments. All Honeywell quotes are developed for the Customer with the understanding that any purchase of the Products listed thereon will facilitated using to Honeywell’s standard Purchase Order and Invoice process. If Ccustomer would rather seek to use a Credit Card for purchase, then said order would be subject to a 4% credit card surcharge.

5. SURCHARGES.

5.1. For avoidance of doubt, Orders placed prior to the Terms and Conditions Effective Date which have not been delivered, including those on backlog or which requested delivery more than twelve (12) months from the date of Order, are subject to Surcharges.

5.2. Honeywell will invoice Customer, and Buyer agrees to pay for any Surcharges pursuant to the standard payment terms in these Terms and Conditions. If a dispute arises with respect to Surcharges and that dispute remains open for more than fifteen (15) days, Honeywell may, in its sole discretion, withhold performance or future shipments, or combine any other rights and remedies under this Agreement or permitted by law, until the dispute is resolved. The terms of this Section shall prevail in the event of inconsistency with any other terms in these Terms and Conditions. Any Surcharges, as well as the timing, effectiveness, and method of determination thereof, will be separate from and in addition to any changes to pricing that are affected by any other provisions in these Terms and Conditions.

6. CANCELLATION AND SUSPENSION. Any Order resulting from this proposal is subject to cancellation or instructions to suspend work by the Customer only upon agreement to pay Honeywell for all work in progress, all inventoried or ordered project parts and materials, and all other costs incurred by Honeywell related to the Order.

PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 5 of 10 PGCC 11-5-2025

7. TAXES. Honeywell’s pricing excludes all taxes (including but not limited to sales, use, excise, value-added, and other similar taxes), tariffs and duties (including, but not limited to, amounts imposed upon the Product(s) or bill of material thereof under any Trade Act, including, but not limited to, the Trade Expansion Act, section 232 and the Trade Act of 1974, section 301) and charges (collectively “Taxes”). All Taxes of any kind levied by any federal, state, municipal or other governmental authority, which tax Honeywell is required to collect or pay with respect to the production, sale, or delivery of products sold to Customer, shall be the responsibility of and be invoiced to Customer, unless, at the time of Order placement, Customer furnishes Honeywell with a valid exemption certificate or other documentation sufficient to verify exemption from Taxes, including, but not limited to, a direct pay permit. Customer agrees to pay all such Taxes and further agrees to reimburse Honeywell for any such payments made by Honeywell.

8. SHIPPING/DELIVERY/RISK OF LOSS.

8.1. Delivery Liability. Delivery and shipment dates for Products are estimates only. Deliveries may be made in partial shipments. Honeywell and its affiliated entities are not liable, either directly or indirectly, for delays of carriers or delays in connection with any Force Majeure Event (as defined in Section 17 below), and the estimated delivery date shall be extended accordingly.

8.2. Future Delivery and Repricing. Honeywell will schedule delivery in accordance with its standard lead times unless the Order states a later delivery date or the parties otherwise agree in writing. Honeywell will accept Orders with a future ship date of up to eighteen (18) months from the date of the entry of the Order. Customer agrees that in the event an Order is scheduled to be delivered more than six (6) months from the date of the entry of the Order, Honeywell may, in its sole determination and at each six (6) month anniversary of the date of the entry of the Order, adjust the pricing of the Order to conform to the then-current prices of the Honeywell Products included in the Order.

Honeywell will include any repricing in its final invoice related to the Order.

8.3. Storage Fees. If delivery takes place more than six (6) months from the date of the entry of the Order, Customer agrees to pay Honeywell a storage fee (the “Storage Fee”), as set forth in the quote, for each month after six (6) months from the date of the entry of the Order Customer has not taken delivery of the Products in the Order. Honeywell will separately invoice any storage fees owed under this Section at the end of each month for which the storage fees are owed.

8.4. Title & Risk of Loss. Unless otherwise specifically detailed in this quote, delivery terms for Products (excluding software and services) are (i) EX Works (EXW Incoterms 2020) Honeywell’s point of shipment (“Honeywell Dock”) for all shipments (except that Honeywell is responsible for obtaining any export license), and (ii) F.O.B. Honeywell Dock for all domestic shipments. For shipments from a Honeywell Dock to a Buyer location within the same country, the import/export provisions of the INCOTERMS do not apply. Honeywell shall be responsible for obtaining insurance on each shipment to Customer for the full value of the shipment. Shipment shall be to a single point of delivery.

9. LIMITED WARRANTY. CUSTOMER’S EXCLUSIVE REMEDIES AND HONEYWELL’S SOLE LIABILITY AS TO ANY WARRANTY CLAIM ON ANY PRODUCT SOLD IN CONNECTION WITH THIS QUOTE IS AS SET FORTH IN THIS SECTION. SUCH REMEDIES ARE IN LIEU OF ANY

OTHER LIABILITY OR OBLIGATION OF HONEYWELL, INCLUDING WITHOUT LIMITATION ANY LIABILITY OR OBLIGATION FOR DAMAGE,

LOSS, OR INJURY (WHETHER DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL) ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE PRODUCTS. CREDIT, REPAIR OR REPLACEMENT (AT HONEYWELL’S OPTION) IS THE SOLE REMEDY PROVIDED HEREUNDER. NO EXTENSION OF THIS WARRANTY WILL BE BINDING UPON HONEYWELL UNLESS SET FORTH IN WRITING AND SIGNED BY A HONEYWELL AUTHORIZED REPRESENTATIVE.

9.1. Product Warranty Terms. Subject to the terms, conditions and limitations contained herein, and unless Honeywell has otherwise provided an alternative written warranty (in which case the terms of such warranty will control), Honeywell warrants and guarantees its products will be free from defects in workmanship and materials (collectively, “Defects”) for 12 months from Customer’s the “Go Live Date” (“Warranty Period”). This limited warranty does not cover defects caused by normal wear and tear or maintenance. For purposes of subparagraph, “Go-Live Date” shall mean means the date on which an authorized Honeywell technician has inspected and approved installations, confirmed that all connections and start-up configurations are properly working, and confirming the System can send and receive alerts through the configured communication pathways.

9.2. Product Defects. If a Defect with a Product arises and a valid claim is made within the Warranty Period, Customer shall initiate the RMA process as described below. Upon approval, Honeywell at its option, will either (1) repair the Product defect at no charge, using new parts or parts equivalent to new in performance and reliability or (2) exchange the Product with a Product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original Product. Any replacement Product or part, including a user-installable part that has been installed in accordance with instructions provided by Honeywell, shall remain under warranty during the Warranty Period or for ninety (90) days from the date of repair, whichever is longer. When a Product or part is exchanged, any replacement item becomes the Customer’s property and the replaced item becomes the property of Honeywell. Parts provided by Honeywell in fulfillment of its warranty obligation must be used in the same Honeywell Fire Station Alerting System for which the warranty claim is made.

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9.3. Procedure for Warranty Claims.

9.3.1. Prior to making a Warranty claim, Customer is encouraged to review Honeywell’s online help resources. Thereafter, to make a valid claim hereunder, Customer must contact Honeywell technical support and describe the problem or defect with specificity. The first such contact must occur during the Warranty Period. Honeywell’s technical support contact information can be found on Honeywell’s web site at https://buildings.honeywell.com/us/en/brands/our-brands/usdd. Customer must use its best efforts to assist in diagnosing defects, follow Honeywell’s technical instructions, and fully cooperate in the diagnostic process. Failure to do so shall relieve Honeywell of any further obligation hereunder.

9.3.2. If a defect with the Hardware arises and Customer makes a valid Support Service Request within the Warranty Period, Customer shall initiate the RMA process as described below. Upon approval, Honeywell will cause shipment of a replacement Hardware component to Customer prior to the defective Hardware component being returned to Honeywell for repair. The replacement Hardware will be new or equivalent to new in performance and reliability and at least functionally equivalent to the original Hardware. When Hardware is exchanged, any replacement item becomes the Customer’s property and the replaced item becomes the property of Honeywell. Replaced Hardware provided by Honeywell in fulfillment of the Support Services must be used in the System to which this Agreement applies.

9.4. Return Material Authorization Process.If a Customer makes a claim for an advanced replacement of a Hardware component during the Warranty Period, Customer must initiate an RMA request. As part of this RMA process, the Customer shall provide Honeywell with the Hardware, model, serial number, and a description of the Hardware’s failure to initiate the RMA process. Upon Honeywell’s issuance of the RMA, Honeywell will send the replacement Hardware, shipped postage paid, ground shipping, to the address provided by Customer. RMA requests approved between 12:00 a.m. and 2:00 p.m. Mountain Standard Time are shipped on the same business day. After 2:00 p.m.

Mountain Standard Time, the replacement Hardware will be shipped on the next business day. All RMA requests are processed on the business day on which the request was received, excluding holidays. Included with the shipped package will be return shipment instructions and a pre-paid return shipping label for the Hardware that the Customer is returning. The original Hardware must be returned in the shipping box provided by Honeywell. No goods will be accepted for exchange or return without a pre-approved RMA number, nor will goods which have not been properly packaged in Honeywell’s shipping box, as proper packaging ensures that goods are not damaged during the shipping process. The original Hardware must be shipped back within 10 days of receiving the replacement Hardware. Failure to return the original Hardware or failure to return the original Hardware in an appropriate manner will cause Customer to incur a replacement charge equal to full market value of the replacement Hardware.

9.5. No Fault Found. Customer understands that this fee is intended to discourage return of Products prior to proper troubleshooting or return because the product is “old.” Product returns will not be allowed if, upon examination of the returned Product, it is determined that the Product was subjected to accident, misuse, neglect, alteration, improper installation, unauthorized repair, improper testing, or poor packaging upon return. In such event, Honeywell shall invoice Customer for the full market value of the replacement Product.

9.6. WARRANTY EXCLUSIONS & DISCLAIMERS.

9.6.1. Honeywell does not warrant that the operation of its Products or any related peripherals will be uninterrupted or error-free.

Honeywell further does not warrant nor support any system configuration that deviates from this specific quote’s documented station system design file number.

9.6.2. Honeywell does not warrant or support any system not installed by G2 Trained & Certified Installation technician (installer). If Customer intends to tie this system into any 3rd-party system or devices, Honeywell will be unable to warrant or support the Products unless Honeywell has had a chance to review documented engineering assumptions and approve system integrity, performance, and reliability expectations.

9.6.3. Honeywell is not responsible for damage arising from Customer’s failure to follow instructions relating to the use of the Products.

This Warranty does not apply to any Products, including the hardware or software, not used for its intended purpose.

9.6.4. Honeywell cannot warrant nor support any system not using Honeywell-approved Uninteruptable Power Supply Battery Backup.

This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively to the manufacturer’s warranty, if any. Recovery and reinstallation of hardware and user data (including passwords) are not covered under this Warranty.

9.6.5. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with non-Honeywell products; (d) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causes; (e) to damage caused by operating the Product outside the permitted or intended uses described by Honeywell; (f) to damage or failure caused by installation or service (including upgrades and expansions) performed by anyone who is not a representative of Honeywell or a Honeywell authorized installer or service provider; (g) to a Product or part that has been modified to alter functionality or capability without the written permission of Honeywell; (h) to Software (as defined below); (i) to any other damage caused by an event or action outside of Honeywell’s control, including, without limitation, Customer’s failure to apply required or recommended updatres or patches to any Software or Product; or (h) if any serial number has been removed or defaced.

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10. LIMITATIONS OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND

CONDITIONS AND ANY OTHER REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW,

HONEYWELL SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT

LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If Honeywell cannot lawfully disclaim statutory or implied warranties, then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by Honeywell in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND CONDITIONS, AND TO THE EXTENT

PERMITTED BY LAW, HONEYWELL IS NOT RESPONSIBLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL

DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL; LOSS OF REPUTATION; AND LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. HONEYWELL IS NOT RESPONSIBLE FOR

ANY INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY

COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH HONEYWELL PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT.

L PRODUCT CLAIMS ARE LIMITED TO THOSE EXCLUSIVE REMEDIES SET FORTH IN THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND CONDITIONS. HONEYWELL’S AGGREGATE LIABILITY IN CONNECTION WITH THEREWITH SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS PAID BY CUSTOMER TO HONEYWELL FOR THE PRODUCTS GIVING RISE TO THE CLAIM.

Honeywell disclaims any representation that it will be able to repair any Hardware under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereon.

11. SERVICE AGREEMENT. The Product being purchased hereunder is not subject to any post-Warranty service agreement or maintenance program unless specifically contracted for between Honeywell and Customer. Honeywell offers a comprehensive post-Warranty Service Agreement at additional cost. Customer should contact Honeywell regarding its Service Agreement and costs associated therewith.

12. SOFTWARE PRODUCTS. All software Products delivered by Honeywell to Customer or for which Honeywell provides access, including, without limitation, Honeywell’s mobile application software and Products with embedded software or firmware (collectively, “Software”) are not sold and are licensed. At all times that Customer is in compliance with the terms of these Terms and Conditions and any other agreement between the parties, Customer shall have a non-exclusive, non-transferable, fully paid license to use the Software, but only in conjunction with the Products provided by Honeywell and Customer’s fire station alerting system (the “License”). The terms of such Software License may be set forth in a separate software license agreement or end user license agreement provided by Honeywell with such Software. In no event shall Customer have any right to (or authorize or allow any third party to) distribute, sell, lend, rent, transfer, or convey the Software; grant any sublicense, lease, or other rights in the Software; decompile, disassemble, reverse engineer, or otherwise attempt to reconstruct, identify, or discover any source code, underlying user interface architecture or techniques, or algorithms of the Software by any means; or take any action that would cause the Software or any portion of it to be placed in the public domain. In the event of a conflict between the terms of any Software license terms provided upon download or purchase a purchase and these Terms and Conditions, the relevant Software license terms shall control solely with respect to such Software.

13. INTELLECTUAL PROPERTY: Customer hereby agrees and acknowledges that Honeywell owns all rights, title, and interest in and to the Intellectual Property (as defined below). Customer agrees to not remove, obscure, or alter Honeywell’s or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Honeywell’s Product (as defined below). Nothing herein shall be deemed to give, transfer, or convey to Customer any rights in the Intellectual Property other than the License, as set forth above. For purposes of this Section,“Intellectual Property" means any and all rights of Honeywell related to Honeywell’s Products existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all derivative works, work product, applications, renewals, extensions and restorations thereof, now or hereafter in force and effective worldwide.

14. FIRST ARRIVING MOBILE APP. If Customer wishes to use its First Arriving Mobile App (“First Arriving”) with the System being acquired from Honeywell, Customer agrees to the following:

14.1 Customer acknowledges that it bears full responsibility for complying with applicable law and resultations, including all privacy requirements, and for providing any required notices and obtaining all required consents in order for Honeywell to transmit alert to First Arriving. Customer also acknowledges that Honeywell bears no responsibility for any service failure by First Arriving, nor is Honeywell responsible for supporting First Arriving’s services or platform. Honeywell is offering to transmit alerts that are transmitted through its Honeywell service to First Arriving merely as a courtesy to Customer.

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14.2 IN NO EVENT SHALL HONEYWELL BE LIABLE TO CUSTOMER FOR ANY CLAIMS, WHETHER ARISING FROM ANY INDEMNIFICATION

OBLIGATION HONEYWELL MAY HAVE OR THAT ARISE FROM A BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING

NEGLIGENCE), OPERATION OF LAW, OR OTHERWISE, AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE

LIABILITY OR THE LIABILITY IS OTHEWISE FORESEEABLE, FOR ANY LOST PROFITS OR REVENUE, SPECIAL, INCIDENTAL, INDEIRECT,

CONSEQUETIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING ALL DAMAGES DUE TO BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA, OR LOST USE OF ANY PROPERTY OR CAPITAL) THAT RELATE TO OR ARISE OUT OF HONEYWELL’S TRANSMISSION OF ALERTS TO FIRST ARRIVING. FURTHER HONEYWELL’S AGGREGATE LIABILITY IN CONNECTION WITH ITS

TRANSMISSION OF ALERTS TO FIRST ARRIVING WILL BE LIMITED TO THE GREATER OF THE AMOUNT PAID BY CUSTOMER TO HONEYWELL IN ORDER FOR HONEYWELL TO TRANSMIT ALERTS TO FIRST ARRIVING OR $100. 15 REMOTE ACCESS TO THE SYSTEM.

15.1 Remote Access. Honeywell requires remote network access to the Customer’s Products through Secure Shell (SSH) to perform implementation and support tasks under this Agreement. To enable remote network access, the Customer will provide Honeywell support personnel VPN or similar remote network access to the Products for Honeywell support personnel (“Customer Support”) to effectively troubleshoot critical or complex problems and to expedite resolution of such issues. Remote network access is also used to install core software upgrades and customized software. Honeywell will only access Customer’s Products with the knowledge and consent of Customer. Honeywell will not access any other systems or data.

15.2. Alternative to Network Access. If the Customer elects not to provide remote network access to the Products, then Honeywell may not be able to perform some support functions. Customers that elect not to routinely provide network access may temporarily reinstate this access to allow Honeywell to perform the above services. The following services will not be performed without this access: Product software upgrades; Product software customization; Network troubleshooting assistance including packet capture and network monitoring on Honeywell devices; Detailed log analysis; Bulk updates to certain Product database tables; Troubleshooting that requires low-level system access or large file transfer.

15.3. Timely Access. Customers much ensure that remote access is available prior to notifying Honeywell of a support request. In the event that the Customer is unable to provide remote access, Honeywell will not be required to provide support outside those tasks that do not require remote access, and any corresponding resolution response times will not apply.

15.4. Physical Security Tokens. Honeywell has multiple software engineers that provide after-hours support and these engineers do not typically take security tokens from the Honeywell office. If the customer requires the use of physical security tokens, this may delay after hours service.

16. GOVERNING LAW. This proposal and any contract or agreement resulting therefrom will be governed by and construed according to the laws of the State of Arizona without regard to its conflicts of law principles.

17. DISPUTE RESOLUTION/ARBITRATION. Before either Honeywell or Customer initiate any dispute resolution process related to the Agreement, they must schedule an executive resolution conference to be held within thirty (30) days of receipt of the other party’s written request. The conference must be attended by at least one executive from each party. At the conference, each party will present its view of the dispute in detail and the executives will enter into good faith negotiations in an attempt to resolve the dispute. If the dispute is not resolved within fifteen (15) days of the end of the conference or if one party refuses to attend the executive resolution conference, then Honeywell and Customer further agree that any remaining dispute between them arising out of or relating to this Agreement will be settled by litigation with jurisdiction being Maricopa County, Arizona.

18. FORCE MAJEURE. Except for Customer’s duty to pay sums due hereunder, neither party will be liable to the other for any failure to meet its obligations due to any Force Majeure Event. As used herein, a “Force Majeure Event” is one that is beyond the reasonable control of the non-performing party and may include, but is not limited to: (a) delays or refusals to grant an export license or the suspension or revocation thereof, (b) embargoes, blockages, seizure or freeze of assets, or any other acts of any government that would limit a party’s ability to perform the Contract, (c) fires, earthquakes, floods, tropical storms, hurricanes, tornadoes, severe weather conditions, or any other acts of God, (d) quarantines, pandemics, or regional medical crises, (e) labor strikes, lockouts, or pandemic worker shortages, (f) riots, strife, insurrection, civil disobedience, landowner disturbances, armed conflict, terrorism or war, declared or not (or impending threat of any of the foregoing, if such threat might reasonably be expected to cause injury to people or property), and (g) shortages or inability to obtain materials or components. The party unable to fulfill its obligations due to Force Majeure will promptly (i) Notify the other in writing of the reasons for its failure to fulfill its obligations and the effect of such failure; and (ii) Use all reasonable efforts to avoid or remove the cause and perform its obligations.

If a Force Majeure Event results in a delay, then the date of performance will be extended by the period of time that the non-performing party is actually delayed or for any other period as the parties may agree in writing. In the event that a Force Majeure Event is ongoing for a period of time which is sixty (60) days or longer, Honeywell may provide notice to Customer that it is cancelling its Order.

19. ACCEPTANCE OF TERMS. This proposal shall become a binding contract between the Customer and Honeywell when accepted in writing by the Customer. Without limiting the foregoing, issuance by Customer of a purchase order to Honeywell for any of the goods or services herein described shall constitute acceptance.

20. SEVERABILITY. In the event any provision or portion of a provision herein is determined to be illegal, invalid, or unenforceable, the validity and enforceability of the remaining provisions shall not be affected and, in lieu of such provision, a provision as similar in terms as may be legal, valid, and enforceable shall be added hereto.

21. WAIVER. The failure of either party to insist upon strict performance of any provision of these Terms and Conditions, or to exercise any right provided for herein, shall not be deemed to be a waiver for the future of such provision or right, and no waiver of any provision or right shall affect the right of the waiving party to enforce any provision or right herein.

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22. NO JOINT VENTURE. The parties acknowledge that they are independent entities and nothing contained in these Terms and Conditions shall be construed to constitute either party hereto as the partner, joint venturer, employee, agent, servant, franchisee, or other representative of the other party hereto, and neither party has the right to bind or obligate the other, except as otherwise provided herein.

Furthermore, nothing contained in these Terms and Conditions shall be construed to constitute Customer as an exclusive purchaser of the Products in any respect.

THIS QUOTE SUBJECT TO REVIEW FOR ERRORS AND OMISSIONS.

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Agenda No. 9 D

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Matthew Mogensen, City Manager
MEETING DATE: November 05, 2025
SUBJECT: Contract Amendment No. 2 for Professional Services with Municipal Resource Group, LLC (MRG)
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Approve Amendment No. 2 to a Professional Services Agreement with Municipal Resource Group, LLC (MRG), increasing the current contract by $17,990.00 for a total not to exceed amount of $68,163.

1. 2. Alternatively, discuss and take other action related to this item.

DISCUSSION
In late 2024, the City entered an agreement with MRG to conduct a comprehensive City-wide organizational and staffing level assessment. The scope of work included an initial city-wide organizational diagnostic followed by a deeper organizational and staffing level assessment of the Public Works Department. The primary purpose of the initial city-wide organizational diagnostic was to identify gaps in service and operational challenges at the department level so that future organizational and staffing level assessments for each City department could be prioritized. The City prioritized the Public Works Department as the first department to undergo the organizational and staffing level assessment. The purpose of the organizational and staffing level assessment for the Public Works Department was to provide the City with a snapshot of observations and recommendations regarding the department staffing needs, organizational structure, resource allocations, and service delivery models. The cost of the City-wide and Public Works Department Assessment was $39,773.

The Community Development Department was identified as the next department for a Phase 2 assessment. This department has high service demands and shares services with the Public Works Department in many service deliveries. The assessment also provided the City with a snapshot of observations and recommendations regarding the department staffing needs, organizational structure, resource allocations, and service delivery models. Completing this assessment was an additional $10,400, resulting in a total contract cost of $50,173.

The next Phase 2 assessment proposed is for the Information Technology Division. The purpose of the organizational diagnostic is to provide the City with a snapshot of observations and recommendations regarding the program staffing needs, organizational structure, resource allocations, and service delivery models.

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delivery models.

The primary objectives of this assessment include:

Examine and explore the organizational and functional issues to assess program culture, levels of employee engagement, team effectiveness, role/goal clarity, and skillsets/competencies.

Evaluate organizational structure, staffing levels, positions, functions, and contracted services in relation to the workload, and program efficiency and effectiveness.

Evaluate service delivery methods and outcomes, and the policies, legislative requirements, and other influences that impact program operations.

MRG has a good baseline of information and knowledge about City operations following the previously described work completed. This reduces the cost for this I.T. Phase 2 assessment. Attached to this report is an Amendment No. 2 to the Professional Services Agreement with MRG, which includes an additional $17,990 and a total contract cost of $68,163.

OPTIONS
Provide alternative direction to the City Manager.

FINANCIAL IMPACT:

The existing Professional Services Agreement with Municipal Resource Group, LLC (MRG), including Amendment No. 1, has a total contract cost of $50,173. The work to date has included a city-wide organizational diagnostic and a deeper organizational and staffing level assessment of the Public Works and Community Development Departments. Approving Amendment No. 2 to this agreement will increase the total agreement cost by $17,990.00 for a total not to exceed agreement amount of $68,163. The additional $17,990.00 can be funding through existing budget allocation.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments
MRG Professional Services Agreement
Professional Services Agreement with MRG for Organization wide Assessment and Public Works Amendment No. 1
Amendment No. 2
Exhibit A to Amendment No. 2 Scope of Work
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Professional Services Agreement 07.19.2022

CITY OF PACIFIC GROVE

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICE AGREEMENT (“PSA”) FOR NON-CONSTRUCTION PROJECTS (“Agreement”), is made and effective as of November 7, 2024, between the City of Pacific Grove (“City”), a municipal corporation and Municipal Resource Group, LLC (MRG) a limited liability company (“CONSULTANT”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on November 7, 2024, and shall remain and continue in effect until the tasks described herein are completed, but in no event later than June 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement.

2. SCOPE OF WORK
CONSULTANT shall perform the tasks and services (“Services”) described and set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein as though set forth in full.

CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. To the extent that Exhibit A is a proposal from CONSULTANT, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this Agreement unless specifically agreed to in writing.

3. PERFORMANCE
CONSULTANT shall at all times faithfully, competently and to the best of their ability, experience, and talent, perform all Services described herein. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting their obligations under this Agreement.

4. CITY MANAGEMENT
The City Manager, or their designee, shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the Scope of Work or change the compensation due to CONSULTANT. The City Manager shall be authorized to act on City’s behalf and to execute all necessary documents that enlarge the Scope of Work or change CONSULTANT’s compensation, subject to Section 6 hereof.

5. PAYMENT
a. The City agrees to pay CONSULTANT monthly, in accordance with the payment rates and terms and the Payment Schedule as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above 







 






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Professional Services Agreement 07.19.2022
tasks. This amount shall not exceed Thirty-Nine Thousand Seventy Hundred Seventy Three dollars ($39,773.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
b. The City Manager’s contract authority is limited to $39,999.99, which includes all costs.

Contracts, including any contract amendments that exceed the total threshold, require City Council approval. Any contracts, including contract amendments that exceed the total threshold, which do not have City Council approval, shall be void. c. CONSULTANT shall not be compensated for any Services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager or the City Council. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and CONSULTANT at the time City’s written authorization is given to CONSULTANT for the performance of said services. d. CONSULTANT shall submit invoices monthly for actual Services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for Services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of CONSULTANT’s fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefore.

6. INSPECTION
City shall at all times have the right to inspect the work and materials. CONSULTANT shall furnish all reasonable aid and assistance required by City for the proper examination of the work and all parts thereof. Such inspection shall not relieve CONSULTANT from any obligation to perform said work strictly in accordance with the specifications or any modifications thereof and in compliance with the law.

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon CONSULTANT at least thirty (30) days prior written notice. Upon receipt of said notice, CONSULTANT shall immediately cease all Services under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to CONSULTANT the actual value of the Services performed up to the time of termination, provided that the Services performed are of value to the City. Upon termination of the Agreement pursuant to this Section, CONSULTANT will submit an invoice to the City pursuant to Section 6.








 






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Professional Services Agreement 07.19.2022

8. DEFAULT OF CONSULTANT
a. CONSULTANT’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating CONSULTANT for any Services performed after the date of default and can terminate this Agreement immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of Services hereunder arises out of causes beyond the CONSULTANT’s control, and without fault or negligence of the CONSULTANT, it shall not be considered a default.
b. If the City Manager or designee determines CONSULTANT is in default in the performance of any of the terms or conditions of this Agreement, they shall cause to be served upon CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event CONSULTANT fails to cure its default within such period of time or fails to present City with a written plan for the cure of the default, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of Services under this Agreement. CONSULTANT shall maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. If there is a substantial billing deviation adverse to City, then the cost of an audit shall be borne by CONSULTANT. Such records, together with supporting documents, shall be maintained for a period of five (5) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Services to be performed pursuant to this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of CONSULTANT. With respect to computer files, CONSULTANT shall make available to City, at CONSULTANT’s office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files.

CONSULTANT hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, 







 






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and other documents prepared by CONSULTANT in the course of providing the Services under this Agreement.

10. RECORD AUDIT
In accordance with Government Code, Section 8546.7, for expenditures of greater than $10,000, records of both City and CONSULTANT shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

11. INDEMNIFICATION AND DEFENSE
Indemnity
To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless City and any and all of its officers, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of CONSULTANT, its officers, agents, employees or subconsultants (or any City or individual that CONSULTANT shall bear the legal liability thereof) in the performance of Services under this Agreement. CONSULTANT’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence.

Duty to defend
In the event City, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the Services encompassed by this Agreement, and upon demand by City, CONSULTANT shall defend City at CONSULTANT’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and City, as to whether liability arises from the sole or active negligence of the City or its officers, employees, or agents, CONSULTANT will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as solely or actively negligent. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

12. INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this Agreement.

13. INDEPENDENT CONSULTANT
a. CONSULTANT is and shall at all times remain as to City a wholly independent consultant and/or independent contractor. The personnel performing the Services under this Agreement on behalf of CONSULTANT shall at all times be under 







 






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CONSULTANT’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT’s officers, employees, or agents, except as set forth in this Agreement.

CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of City.

CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to CONSULTANT in connection with the performance of this Agreement. Except for the fees paid to CONSULTANT as provided in the Agreement, City shall not pay salaries, wages, or other compensation to CONSULTANT for performing Services hereunder for City. City shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing Services hereunder.

14. LEGAL RESPONSIBILITIES
CONSULTANT shall keep itself informed of State and Federal laws and regulations that in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. CONSULTANT shall at all times observe and comply with all such laws and regulations. City, and its officers, employees, and agents shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this Section.

15. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure was used against or in concert with any officer, employee or agent of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer, employee or agent of City has or will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee or agent of CONSULTANT, in connection with the award of this Agreement or any Services to be performed as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.

16. NO BENEFIT TO ARISE TO CITY OFFICERS AND EMPLOYEES
No officer, employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services performed under the Agreement during their tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement.

17. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
a. All information gained by CONSULTANT in performance of this Agreement shall be considered confidential and shall not be released by CONSULTANT without City’s prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless 







 






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