Printed Agenda

CITY COUNCIL
REGULAR MEETING AGENDA
Wednesday, February 16, 2022, 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 citycouncil@cityofpacificgrove.org. 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.

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MEETING INSTRUCTIONS

The public may also view the meeting on the Peninsula Channel 25.

AGENDA

CALL TO ORDER

PLEDGE OF ALLEGIANCE: Councilmember Amelio

APPROVAL OF AGENDA

PRESENTATIONS

Boards, Committees, and Commissions Certificates

Reference: Bill Peake, Mayor

Recommended Action: Present certificates.

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

COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only)

Report on Closed Session

Other

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.

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.

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

Minutes of the January 19, 2022, City Council Special and Regular Meetings

Reference: Kerry Lindstrom, Deputy City Clerk

Recommended Action: Approve minutes.

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

Minutes of the February 2, 2022 Special and Regular Meeting

Reference: Sandra Kandell, City Clerk

Recommended Action: Approve minutes.

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

RESOLUTIONS
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business

CalRecycle Grant Resolution

Reference: Daniel Gho, Public Works Director / Deputy City Manager

Recommended Action: Adopt a Resolution authorizing submittal of grant applications to the California Department of Resources Recycling and Recovery for grants the City may be eligible for independently or as part of a regional application in which Monterey Regional Waste Management District or another member City serves as lead.

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

ORDINANCES
Items pulled from this section will be placed under 11. Public Hearings

Ordinance to Amend PGMC 23.80 - Accessory Dwelling Units

Reference: Alyson Hunter, AICP, CDD Director

Recommended Action: Hold second reading and adopt an ordinance to amend Chapter 23.80 of the PGMC pertaining to Accessory Dwelling Units (ADUs).

CEQA: Statutory Exemption, CEQA Guidelines 15282(h) - Adoption Regarding Second Units in a Single or Multi Family Residential Zone

REPORTS – INFORMATION ONLY
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business

Second Quarter Capital Improvement Budget Report

Reference: Tori Hannah, Administrative Services Director / Assistant City Manager

Recommended Action: Receive the report.

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

Check Register Report – January 2022

Reference: Tori Hannah, Administrative Services Director/Assistant City Manager

Recommended Action: Receive the report.

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

Core Revenue Report Status for January 2022

Reference: Tori Hannah, Administrative Services Director/Assistant City Manager

Recommended Action: Receive the Core Revenue Status Report for January 2022.

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

REPORTS – REQUIRING ACTION
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business

Ratification of New Local Emergency Actions

Reference: Ben Harvey, City Manager

Recommended Action: Receive report of emergency directives/modifications.

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

Contract Amendment with Rincon Consultants, Inc.

Reference: Joseph Sidor, Contract Planner

Recommended Action: Approve the Proposed Contract Amendment and Reimbursement Agreement with Rincon Consultants, Inc. based on the Scope of Work and Cost Estimate provided for preparation of a revised Initial Study-Mitigated Negative Declaration (IS-MND) relating to a development project located at 1661 Sunset Drive.

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

Thomas Horvath Appointment to Administrative Enforcement Hearing Officer Panel

Reference: Bill Peake, Mayor

Recommended Action: Approve appointment of Thomas Horvath to Administrative Enforcement Hearing Officer Panel for a term ending January 31, 2024.

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

Architectural Review Board Minutes: October 12, 2021

Reference: Laurel O'Halloran, Associate Planner

Recommended Action: Receive minutes.

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

Planning Commission Meeting Minutes: November 4 and December 9, 2021 Meetings

Reference: Alyson Hunter, AICP, CDD Director

Recommended Action: Receive 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. Public hearings on non-controversial matters or for which testimony is not anticipated may be placed on the Consent Agenda, but shall be removed if any person requests a staff presentation or wishes to be heard on the matter.

Vacation of Excess Right-of-Way on Sloat Avenue Pursuant to §§ 8300-8368 of the California Streets and Highways Code

Reference: Alyson Hunter, AICP, CDD Director

Recommended Action: Hold a public hearing and approve a resolution conditionally authorizing the vacation of excess right-of-way (ROW) for a portion of Sloat Avenue pursuant to Sections 8830-8368 of the California Streets and Highways Code.

CEQA: Environmental Impact Report

State Community Development Block Grant (CDBG) Program Application

Reference: Anastacia Wyatt, Senior Housing Program Manager

Recommended Action:

Conduct a Public Hearing on the State Community Development Block Grant (CDBG) Program to solicit public input on possible competitive and over the counter activities to be included in the application, and
Approve Housing staff to submit an application and resolution approving a funding application and the execution of a grant agreement and any amendments to the State CDBG Program.

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

Amendment to AP/UP 16-203 previously-approved AP/UP 16-203 (Council Resolution No. 18-030; September 5, 2018)

Reference: Joseph Sidor, Contract Senior Planner

Recommended Action: Approve Amendment (No. 21-0457) to the previously-approved AP/UP 16-203 (Council Resolution No. 18-030; September 5, 2018). The proposed Amendment is in substantial conformance with the original project, which demonstrated consistency with the General Plan and Zoning Ordinance.

CEQA: Environmental Impact Report

City Council Salary and Health Benefits This item was pulled from the 9/15 agenda and continued to a future meeting once all information is received.

Reference: Jenny McAdams, Mayor Pro Tem and Amy Tomlinson, Councilmember

Recommended Action: Introduce and hold first reading of an ordinance to (1) amend the salary classification schedule to modify salary ranges for City Council Member and Mayor and (2) direct a summary of a proposed ordinance be published as approved by the City Attorney.

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

12.

UNFINISHED AND ONGOING BUSINESS

Annual Comprehensive Financial Report (ACFR) for the Fiscal Year Ending June 30, 2021 This item was continued from the January 19, 2021 meeting.

Reference: Tori Hannah, Administrative Services Director/Assistant City Manager

Recommended Action:

Receive the Annual Comprehensive Annual Financial Report, which includes the Auditor's Opinion on the City's financial statements, from the City's independent auditor, Chavan & Associates, LLP
Receive the Transportation Safety and Investment Plan Account Fund (TAMC Measure X) Report, which includes the Auditor's Report by the City's independent auditor, Chavan & Associates, LLP
Receive a status on improvements based on the auditor's recommendations that are being implemented, and provide any desired direction.

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

Cannabis Outreach Subcommittee Update

Reference: Joe Amelio, Luke Coletti, and Chaps Poduri, Councilmembers

Recommended Action: Receive report.

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

Special Events Calendar for Fiscal Year 2022-2023

Reference: Katie Clark, Recreation Manager

Recommended Action: 1. Approve the Special Event Calendar for Fiscal Year 2022-2023.
2. Approve 13 proposed special events as City Sponsored Events and waive fees for City Staff support and facility/equipment use.
3. Approve 9 proposed special events as Full Cost Recovery Events and do not approve the Legends of Autobahn event.
4. Return with Legends of Autobahn details after they have been developed and approved by staff to seek Council approval per the Recreation Board Recommendations.
5. Allow municipal code exceptions for the designated events to allow pets in the parks
6. Do not approve the Feast of Lanterns and the 5 additional events associated with the Feast. Event organizers shall begin discussions with community stakeholders, the DEI Task Force and others with the goal of bringing back a revised event for Fiscal Year 2023-2024 that reflects changes to address concerns and critiques expressed by the public, stakeholder groups, and a City advisory board regarding the event.

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

Local Water Project Business Plan Peer Review

Reference: Daniel Gho, Public Works Director / Deputy City Manager; Tori Hannah, Administrative Services Director / Assistant City Manager

Recommended Action: Receive the Peer Review of Pacific Grove Local Water Project Business Plan prepared by DTA, validating the City’s assumptions noted in the Business Plan, and authorize staff to being negotiations with CourseCo; and approve a loan repayment plan for the Sewer Fund Interfund Loan.

CEQA: Environmental Impact Report

Hybrid Meeting Update

Reference: Sandra Kandell, City Clerk

Recommended Action: Approve staff recommendation to commence hybrid meetings by phases as outlined in the Discussion section of agenda report.

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

Financial Report Subcommittee

Reference: Chaps Poduri, Councilmember and Bill Peake, Mayor

Recommended Action: Direct staff to implement Financial Report Subcommittee recommendations listed below.

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

Monarch Resort Homekey Project

Reference: Bill Peake, Mayor

Recommended Action: Direct City Manager to begin public outreach on the Monarch Resort Homekey project no later than March 16, 2022.

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

13.

NEW BUSINESS

FY21/22 Street Rehabilitation Project – Ocean View Blvd

Reference: Joyce Halabi, Deputy Public Works Director

Recommended Action: Authorize an agreement with Monterey Peninsula Engineering for the FY21/22 Street Rehabilitation Project on Ocean View Blvd in an amount not to exceed $1,145,323 plus a 15% contingency.

CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities

City of Pacific Grove Youth Commission

Reference: Jenny McAdams, Mayor Pro Tem

Recommended Action: Direct the City Manager to return with a draft ordinance and resolution to form a Youth Commission.

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

Removal of Library Fines and Forgiveness of Current Outstanding Overdue Fines

Reference: Jenny McAdams,

Recommended Action: Discuss and provide direction as to removal of library fines and forgiveness of current outstanding overdue fines. Direct the City Manager to return with a resolution and amendment to the Master Fee Schedule.

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

14.

FULL PRESENTATIONS

15.

CLOSED SESSION

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.