Printed Agenda

CITY COUNCIL
AMENDED REGULAR MEETING AGENDA
Wednesday, April 20, 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 Smith

APPROVAL OF AGENDA

PRESENTATIONS

COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only)

Report on Closed Session by City Attorney

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 April 6, 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

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

Resolution of Intention to Levy the Annual Assessment for the Downtown Business Improvement District (BID) Action Required by 4/20/2022.

Reference: Lori Frati, Management Analyst

Recommended Action:

Approve the attached Resolution of Intention to Levy an Assessment for the Downtown Business Improvement District for Fiscal Year 22-23
Hold a public hearing on May 18, 2022 to hear protests and determining whether to levy the assessment.

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

Resolution of Intention to Levy the Annual Assessment for the Hospitality Improvement District Action Required by 4/20/2022.

Reference: Lori Frati, Management Analyst

Recommended Action:

Approve a resolution of intention to levy an assessment for the Hospitality Improvement District for Fiscal Year 2022-23.
Direct staff to notice a public hearing to be held on May 18, 2022 for the purpose of hearing any protests and determining whether to levy the assessment.

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

Second Reading of an ordinance to add Pacific Grove Municipal Code Section 11.45 Military Equipment Action Required by 4/20/2022.

Reference: Cathy Madalone, Chief of Police

Recommended Action: Hold second reading and adopt an ordinance adding Pacific Grove Municipal Code Section 11.45 Military Equipment

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

Second Reading of an Ordinance Amending the Fiscal Year 2021-22 Budget

Reference: Tori Hannah, Administrative Services Director

Recommended Action: Hold a second reading and adopt an ordinance amending the Fiscal Year 2021-22 Operating and Capital Improvement Budget

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

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

Check Register Report – March 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 March 2022

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

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

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

Monterey Salinas Transit Board Minutes for March 14, 2022

Reference: Joe Amelio, Councilmember

Recommended Action: Receive minutes.

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

FY21/22 Crack & Slurry Seal Award of Contract Action required by 4/20/2022.

Reference: Joyce Halabi, Deputy Public Works Director

Recommended Action: Authorize an agreement with Graham Contractors Inc. for the FY21/22 Crack and Slurry Seal project in an amount not to exceed $240,792 plus a 10% contingency.

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

California Coastal Trail Emblem at Lovers Point Park

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

Recommended Action: Approve installation of California Coastal Trail Emblem at Lovers Point Park

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

Removal of Library Fines and Forgiveness of Current Outstanding Overdue Fines Action required by 4/20/2022.

Reference: Jenny McAdams, Mayor Pro Tem

Recommended Action: 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

Economic Development Commission Appointment

Reference: Bill Peake, Mayor

Recommended Action: Approve appointment of Kelsea Richmond to the Economic Development Commission 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

Diversity, Equity and Inclusion Task Force Minutes: February 14, 2022

Reference: Sandra Kandell, City Clerk

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.

Adoption of an Amendment to PGMC Chapter 23.73.050 pertaining to Permit Time Limits and Extensions At the 4/6/22 meeting, this item was pulled and then continued due to time constraints.

Reference: Alyson Hunter, AICP, Director

Recommended Action: Hold second reading and adopt an ordinance amending Chapter 23.73.050 of the Pacific Grove Municipal Code.

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

Resolution adopting the Master Fee Schedule for Fiscal Year 2022-23 Action required by 4/20/2022.

Reference: Lori Frati, Management Analyst

Recommended Action: Approve a resolution adopting the master fee schedule for Fiscal Year (FY) 2022-23, including the annual Consumer Price Index (CPI) adjustment and other changes as directed by Council.

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

12.

UNFINISHED AND ONGOING BUSINESS

Resolution Supporting an Application for Coastal Commission Grant Funding Relating to Coastal Hazards LCP Amendment At the 4/6/22 meeting this item was pulled and then continued due to time constraints. Action required by 4/20/2022.

Reference: Alyson Hunter, AICP, Director

Recommended Action: Approve a resolution supporting an application for Coastal Commission Grant Funding to update the Coastal Hazards Section of the Local Coastal Program (LCP).

CEQA: Statutory Exemption, CEQA Guidelines Section 15265, Adoption of Coastal Plans and Programs

Purchasing Authorization This item was continued from the 4/6/22 meeting.

Reference: Bill Peake, Mayor

Recommended Action: Approve in concept an ordinance amending PGMC 2.16.

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

Cannabis Tax Measure and Cannabis Advisory Measure

Reference: Chaps Poduri, Councilmember

Recommended Action:

Direct staff to prepare two measures for the November 2022 general election for purposes of sales of recreational and medicinal cannabis:
1. An advisory measure assessing support for the amendment of the PGMC to allow not more than 2 (two) cannabis retail storefronts; and
2. An implementing measure to impose a general tax on sale or delivery of cannabis and cannabis products, including hemp, to not exceed 6% of gross sales.
Direct the City Manager to enter into a six-month contract with HdL not to exceed $15,000 for subject matter expertise and consulting work related to these measures.

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

Near-and Mid-Term Actions to Increase Housing Capacity and Meet State Law Action required by 4/20/2022.

Reference: Anastacia Wyatt, Senior Housing Program Manager

Recommended Action: Receive Presentation on Near-and Mid-Term Actions to Increase Housing Capacity, Meet State Law, and Provide Recommendations

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

13.

NEW BUSINESS

Resolution Recognizing Gerry Low Sabado Action required by 4/20/2022.

Reference: Ben Harvey, City Manager

Recommended Action: Receive and approve a Posthumous Resolution recognizing the life and legacy of Gerry Low Sabado and the May14, 2022 Walk of Remembrance in her memory.

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

4Leaf, Inc. Contract Amendment - Multiple Services Action required by 4/20/2022.

Reference: Ben Harvey, City Manager

Recommended Action: Authorize the City Manager to approve a contract amendment with 4Leaf, Inc. not to exceed $230,000 for services related to:

Interim Community Development Director,
Tree Permit Audit,
Senior Inspector,
Planning Services, and
Estimated Plan Check work required for an anticipated large-scale project submittal.

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.