CITY COUNCIL
REGULAR MEETING AGENDA Wednesday, March 2, 2022, 6:00 P.M. Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA
THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID). CHAMBER CAPACITY SEATING IS LIMITED AND PROVIDED ON A FIRST COME, FIRST SERVED BASIS. THE VIRTUAL MEETING IS COMPLIANT WITH THE GOVERNOR’S EXECUTIVE ORDERS ALLOWING FOR A DEVIATION OF TELECONFERENCE RULES REQUIRED BY THE BROWN ACT. JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT: https://us02web.zoom.us/j/209579290 To participate telephonically, call any number below: 888 788 0099 US (Toll-free) 877 853 5247 US (Toll-free) 669 900 9128 669 219 2599 Webinar ID: 209 579 290# If prompted to enter a participant ID, press #. Help Line 831-648-3128 MEETING INSTRUCTIONS The public may also view the meeting on the Peninsula Channel 25. AGENDA |
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| CALL TO ORDER | ||||||
| A. | Remote Teleconference - AB 361 | |||||
| Reference: Sandra Kandell, City Clerk | ||||||
| Recommended Action: Ratify Resolution No. 21-029 Emergency Teleconferencing authorizing remote teleconference meetings of all City legislative bodies for the following 30 days in accord with the Ralph M. Brown Act. | ||||||
| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| PLEDGE OF ALLEGIANCE: Councilmember Coletti | ||||||
| 1. | APPROVAL OF AGENDA | |||||
| 2. | PRESENTATIONS | |||||
| A. | Central Coast Community Energy Annual Update by Gabe Ruiz, Key Account Specialist | |||||
| Reference: Gabe Ruiz, Key Account Specialist | ||||||
| Recommended Action: Receive 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. | 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. |
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| 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.
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| 5. | APPROVAL OF CITY COUNCIL MEETING MINUTES Items pulled from this section will be placed under 12. Unfinished and Ongoing Business |
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| A. | Minutes of the February 16, 2022 City Council Special and Regular Meetings | |||||
| Reference: Sandra Kandell, City Clerk | ||||||
| Recommended Action: Approve 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 |
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| A. | Resolution in Support of Conveyance of the NOAA | |||||
| Reference: Amy Tomlinson, Councilmember | ||||||
| Recommended Action: Approve a resolution in support of conveyance of the National Oceanic Atmospheric Administration (NOAA) Property on Lighthouse Avenue to a joint venture between the Center for Ocean Art, Science, and Technology (CAOST) and Central Coast community Energy (3CE) | ||||||
| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| 7. | ORDINANCES Items pulled from this section will be placed under 11. Public Hearings |
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| 8. | REPORTS – INFORMATION ONLY Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business |
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| A. | Monterey Salinas Transit Meeting Minutes for December 13, 2021 and January 10, 2022 | |||||
| Reference: Joe Amelio, Councilmember | ||||||
| Recommended Action: Receive minutes. | ||||||
| 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 |
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| A. | 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 | ||||||
| B. | Contract Amendment with Rincon Consultants, Inc. This item was continued from the February 16, 2022 meeting. | |||||
| 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 | ||||||
| C. | Committee and Liaison Appointments | |||||
| Reference: Bill Peake, Mayor | ||||||
| Recommended Action: Approve appointments of Kathleen Balke to the Administrative Enforcement Hearing Officer Panel and Chip Rerig to the Economic Development Commission both for a term ending January 31, 2024. Endorse Councilmember Coletti as Council liaison for the Beautification and Natural Resources Commission. | ||||||
| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| D. | Contract Amendment with Alvarez Technology Group for Information Technology Services | |||||
| Reference: Mohammed Khasimi, Chief Information Officer | ||||||
| Recommended Action: Approve amendment to the contract with Alvarez Technology Group in amount not to exceed $73,500. | ||||||
| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| E. | Veteran's Home in Monterey County | |||||
| Reference: Bill Peake, Mayor | ||||||
| Recommended Action: Approve support letter for Veteran’s Home in Monterey County. | ||||||
| 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 |
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| A. | Beautification and Natural Resources Commission Minutes: December 21, 2021 and January 18, 2022 | |||||
| Reference: Daniel Gho, Public Works Director / Deputy City Manager | ||||||
| Recommended Action: Receive minutes. | ||||||
| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| B. | Diversity, Equity, and Inclusion Task Force Minutes: December 6, 2021, December 13, 2021, January 10, 2022 and January 24, 2022 | |||||
| Reference: Sandra Kandell, City Clerk | ||||||
| Recommended Action: Receive minutes. | ||||||
| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| C. | Museum Board Minutes: February 9, 2021, May 11, 2021, and November 30, 2021 | |||||
| Reference: Joyce Halabi, Deputy Public Works 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. |
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| A. | Vacation of Excess Right-of-Way on Sloat Avenue Pursuant to §§ 8300-8368 of the California Streets and Highways Code This item was continued from the February 16, 2022 meeting. | |||||
| 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 | ||||||
| B. | City Council Salary and Health Benefits This item was continued from the February 16, 2022 meeting. | |||||
| 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 | ||||||
| C. | Amend Pacific Grove Municipal Code Chapter 23.73.050 – Time Limits and Extensions | |||||
| Reference: Laurel O'Halloran, Associate Planner | ||||||
| Recommended Action: Introduce and hold first reading of an Ordinance to Amend Pacific Grove Municipal Code Chapter 23.73.050 - Time Limits and Extensions, and direct publication of a summary of the ordinance 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 | |||||
| A. | Local Water Project Business Plan Peer Review This item was continued from the February 16, 2022 meeting. | |||||
| 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 | ||||||
| B. | Hybrid Meeting Update This item was continued from the February 16, 2022 meeting. | |||||
| 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 | ||||||
| C. | PG Hotel Homekey Project This item was continued from the February 16, 2022 meeting. | |||||
| Reference: Bill Peake, Mayor | ||||||
| Recommended Action: Direct City Manager to begin public outreach on a potential Homekey project no later than March 16, 2022. | ||||||
| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| D. | FY21/22 Street Rehabilitation Project – Ocean View Blvd This item was continued from the February 16, 2022 meeting. | |||||
| 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 | ||||||
| 13. | NEW BUSINESS | |||||
| 14. | FULL PRESENTATIONS | |||||
| 15. | CLOSED SESSION | |||||
| A. | Conference with Real Property Negotiators (Government Code § 54956.8) Property: Portions of Sloat Avenue east of Dewey Avenue and west of Eardley Avenue and portions of Ocean View Boulevard Agency Negotiator(s): Tori Hannah, Administrative Services Director/Assistant City Manager, Special Counsel Elizabeth Hull, Alyson Hunter, Community Development Director Negotiating Party(ies): Debra Geiler and Mike Zimmerman Under negotiation: Price and terms of payment |
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| B. | Conference with Legal Counsel – Pending Litigation (Government Code § 54956.9) Pacific Grove Coast Watch and Anthony A. Ciani v. City of Pacific Grove; Pacific Grove City Council; Foursome Development Company; Paul Living Trust; CCS Pacific Grove Manager LLC., et al. Monterey Superior Court Case No. 22CV000387 |
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| Reference: David Laredo, City Attorney | ||||||
| Recommended Action: Receive report and provide direction. | ||||||
| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| C. | Conference with Legal Counsel – Pending Litigation (Gov. C. §54956.9) Michael Gonzalez v. City of Pacific Grove, California; Police Chief Cathy Madalone; City Manager Ben Harvey; Does 1 -10. U.S. District Court, Northern District Action No. 5:22-cv-1079 SVK |
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| Reference: David Laredo, City Attorney | ||||||
| Recommended Action: Receive report and provide direction. | ||||||
| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| ADJOURNMENT | ||||||
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