CITY COUNCIL
REGULAR MEETING AGENDA Wednesday, October 19, 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 | ||||||
| PLEDGE OF ALLEGIANCE: Councilmember Poduri | ||||||
| 1. | APPROVAL OF AGENDA | |||||
| 2. | PRESENTATIONS | |||||
| 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. |
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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 October 5, 2022 City Council Special and Regular Meetings | |||||
| Reference: Sandra Kandell, City Clerk/DEI Coordinator | ||||||
| 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 Amending Council Policy 000-19 for Records Retention and Records Management | |||||
| Reference: Sandra Kandell, City Clerk | ||||||
| Recommended Action: Approve a resolution amending Council Policy No. 000-19 to update the City records retention and records management schedule and reflect revisions from City departments. | ||||||
| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| B. | Contract Amendment with HdL Companies and Resolution Authorizing the Examination of Sales or Transactions and Use Tax Records. | |||||
| Reference: Jennifer Pope, Management Analyst | ||||||
Recommended Action: 1. Direct staff to prepare a contract amendment with HdL Companies for an extension to June 30, 2023 (renewable for an additional 1 year thereafter) in an amount not to exceed $60,000 for the following:
3. Adopt a Resolution Authorizing the Examination of Sales or Transactions and Use Tax Records. |
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| 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. | Check Register Report - September 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 | ||||||
| B. | Core Revenue Reports for September 2022 | |||||
| Reference: Tori Hannah, Administrative Services Director/Assistant City Manager | ||||||
| Recommended Action: Receive the Core Revenue Reports for September 2022. | ||||||
| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| C. | 2022 League of California Cities Annual Conference | |||||
| Reference: Chaps Poduri, Councilmember | ||||||
| Recommended Action: Receive report. | ||||||
| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| D. | City Council Goals and Tactics Update | |||||
| Reference: Ben Harvey, City Manager | ||||||
| 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 |
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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. | Measure X Funding Agreement - Cedar, Sunset & Congress Intersection Improvement Project | |||||
| Reference: Daniel Gho, Public Works Director / Deputy City Manager | ||||||
| Recommended Action: Authorize the execution of a Measure X Funding Agreement with the Transportation Agency for Monterey County for an amount not to exceed $1,000,000, to fund the Project Approval and Environmental Document Phase of the Cedar, Sunset & Congress Intersection Improvements Project. | ||||||
| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| C. | Fee Waiver Request, Coastal Conservancy, Council Chambers | |||||
| Reference: Daniel Gho, Public Works Director / Deputy City Manager | ||||||
| Recommended Action: Allow the California Coastal Conservancy to use Council Chambers on November 30, 2022 and December 1, 2022 to host their Quarterly meeting, and waive all fees associated with the rental of the Council Chambers | ||||||
| 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. | Diversity, Equity and Inclusion Minutes: September 12, 2022 | |||||
| Reference: Sandra Kandell, City Clerk/DEI Coordinator | ||||||
| Recommended Action: Receive minutes. | ||||||
| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| B. | Library Board Minutes: July 11, 2022 | |||||
| Reference: Diana Godwin, Library Director | ||||||
| Recommended Action: Receive minutes. | ||||||
| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| C. | Planning Commission Meeting Minutes: July 14, 2022 and August 11, 2022 | |||||
| Reference: Joseph Sidor, Contract 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. 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. | PERC Water Extension This item was continued from the Council's October 5, 2022 meeting. Action is required by October 19, 2022. | |||||
| Reference: Daniel Gho, Public Works Director / Deputy City Manager | ||||||
| Recommended Action: 1. Authorize an extension to the agreement with PERC Water for Operations & Maintenance of the Pacific Grove Local Water Project not to exceed 1 year (November 1, 2022 –October 31, 2023) at a monthly fixed cost of $26,188 and a flow based variable unit price of $247.24 per acre foot of influent. 2. Authorize staff to begin contract negotiations with PERC Water and return to City Council no later than May 2023 with new negotiated contract terms |
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| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| B. | Concept Review: New Fire Engine This item was continued from the Council's October 5, 2022 meeting. | |||||
| Reference: Gaudenz Panholzer, Fire Chief | ||||||
| Recommended Action: Provide direction to staff on whether to purchase an electric or diesel-powered fire engine and authorize the purchase. | ||||||
| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| C. | Empty Home Tax This item was continued from the Council's October 5, 2022 meeting. | |||||
| Reference: Jenny McAdams, Councilmember | ||||||
| Recommended Action: Convene a conceptual discussion on an “Empty Homes Tax” in the City of Pacific Grove and direct staff to gather information and return to council regarding this concept. | ||||||
| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| D. | Appeal of Architectural Permit and Tree Permit with Development (AP/TPD) No. 22-0108, 1166 Presidio Boulevard, Pacific Grove (APN 007-591-013) | |||||
| Reference: Joseph Sidor, Contract Planner | ||||||
| Recommended Action: Deny the appeal, find the project categorically exempt per CEQA Guidelines Section 15302, and approve the Architectural Permit and Tree Permit with Development (AP-TPD 22-0108) subject to the findings and conditions of approval. | ||||||
| CEQA: Categorical Exemption, CEQA Guidelines Section 15302, Class 2, Replacement or Reconstruction of Existing Structures and Facilities | ||||||
| E. | Safe Parking Program Revisions | |||||
| Reference: Jocelyn Francis, Police Administrative Services Manager | ||||||
| Recommended Action: Introduce and hold of the first reading of an ordinance that amends Pacific Grove Municipal Code Chapter 18.36.050 related to the safe parking program. Direct that publication of the ordinance will be satisfied by publication of a summary approved by the City Attorney. | ||||||
| CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities | ||||||
| F. | Ordinance Amending Pacific Grove Municipal Code Chapter 14.04-Marine Refuge Establishing Roadwork Restrictions During the Harbor Seal Pupping Season. | |||||
| Reference: Brian Pierik, City Attorney | ||||||
Recommended Action:
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| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| G. | Proposed Ordinance Amending Chapters 2.05 and 2.16 and 6.20 of the Pacific Grove Municipal Code on Authority of Mayor to Sign Contracts and Purchasing System and Procedures and Warrants | |||||
| Reference: Brian Pierik, City Attorney | ||||||
Recommended Action:
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| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| 12. | UNFINISHED AND ONGOING BUSINESS | |||||
| 13. | NEW BUSINESS | |||||
| A. | Climate Action and Adaptation Plan | |||||
| Reference: Megan McKenna, BNRC Commissioner | ||||||
| Recommended Action: Receive presentation and provide direction. | ||||||
| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| B. | Single Use Plastic Code Revisions | |||||
| Reference: Susan Meyers, BNRC Commissioner | ||||||
| Recommended Action: Receive presentation and provide direction. | ||||||
| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| 14. | FULL PRESENTATIONS | |||||
| 15. | CLOSED SESSION | |||||
| A. | Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): (One case: Arising out of letter received from Andrew Sandovol on August 25, 2022) | |||||
| Reference: Brian A. Pierik, City Attorney | ||||||
| Recommended Action: Receive update. | ||||||
| CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 | ||||||
| ADJOURNMENT | ||||||
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