Printed Agenda

CITY COUNCIL
REGULAR MEETING AGENDA
Wednesday, May 17, 2023, 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 close of business on the day prior to the City Council meeting. Public comment will be posted to the relative agenda item through noon on the day of the City Council meeting. Public comment received after the noon deadline will be posted as soon thereafter as possible.

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MEETING INSTRUCTIONS

AGENDA

CALL TO ORDER

PLEDGE OF ALLEGIANCE: Mayor Pro Tem Smith

APPROVAL OF AGENDA

PRESENTATIONS

Mayor's Proclamation: Public Works Week May 21 - 27, 2023

Reference: Bill Peake, Mayor

Recommended Action: Receive presentation.

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 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.

General Public Comment

Reference: Sandra Kandell, City Clerk

Recommended Action: Receive written general public comment if applicable.

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

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 May 3, 2023 and May 10, 2023 Adjourned City Council 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 Setting the Appropriations Limit for FY 2023-2024.

Reference: Jennifer Pope, Management Analyst

Recommended Action: 1. Approve a resolution setting the Appropriations Limit for Fiscal Year 2023-2024; or
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

Pride Month 2023

Reference: Sandra Kandell, City Clerk/DEI Coordinator

Recommended Action: Adopt a resolution recognizing June as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) Pride Month.

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

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

April 2023 Check Register

Reference: Audrey Cray, Finance & Risk Manager

Recommended Action: 1. Receive the Check Register.
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

Core Revenue Report - April 2023

Reference: Audrey Cray, Finance & Risk Manager

Recommended Action: 1. Receive the report.
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

Monterey-Salinas Transit Meeting Minutes of April 10, 2023

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

Agreement with Chavan & Associates, LLP for Independent Financial Audit Services Action required by May 17, 2023.

Reference: Jennifer Pope, Management Analyst

Recommended Action: 1. Authorize the Mayor to execute a three-year agreement with Chavan and Associates, LLP for independent financial audit services for an amount not to exceed $138,000, with two one-year extensions; or
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

PGUSD & City of Pacific Grove - Expanded Learning Opportunities Program (ELOP) Summer Camp

Reference: Katie Clark, Recreation Manager

Recommended Action:

Approve the City of Pacific Grove to enter a Memorandum of Understanding with Pacific Grove Unified School District for the purpose of creating a partnership to offer a free summer recreation camp through the Expanded Learning Opportunities Program grant
Alternatively, discuss and take other action related to this item

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

Council Policy by Resolution

Reference: Luke Coletti, Councilmember and Bill Peake, Mayor

Recommended Action: Direct the City Attorney to return with a draft ordinance to amend Chapter 2.04 of the Pacific Grove Municipal Code codifying that Council policies shall be created, amended, or deleted only by Council Resolution.

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

Appointment to Traffic Safety Commission

Reference: Bill Peake, Mayor

Recommended Action: Approve appointment of B. Shammas to Traffic Safety Commission ending January 31. 2025.

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

DEI Task Force Meeting Minutes: April 8, 2023

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

Historic Resources Committee Meeting Minutes: February 22, 2023, March 2, 2023, March 22, 2023, December 28, 2022

Reference: Annie Allenbaugh, Office Assistant

Recommended Action: Receive minutes.

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

Library Board Minutes: March 13, 2023

Reference: Diana Godwin, Library 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.

Hospitality Improvement District (HID) program for Fiscal Year 2023-24

Reference: Lori Frati, Management Analyst

Recommended Action:

Hold a public hearing to determine whether a majority written protest to the proposed annual district assessment is received.
If no majority protest is determined, adopt the resolution to approve the annual report, levy the annual assessment, approve the program for Fiscal Year 2023-24, appoint the HID Advisory Board, and authorize the City Manager to execute an agreement with the Pacific Grove Chamber of Commerce to administer the HID budget.Hospitality Improvement District (HID) program for Fiscal Year 2023-24
Alternatively, discuss and take other actions related to this item.

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

Downtown Business Improvement District (BID) program for FY 2023-24

Reference: Lori Frati, Management Analyst

Recommended Action:

Hold a public hearing to determine majority protest to the annual assessment were not received, and Adopt resolution to approve annual report, levy annual assessment, approve the recommended Fiscal Year 2023-24 program, appoint the BID Advisory Board for Fiscal Year 2023-24, and authorize the City Manager to execute an agreement allowing the Pacific Grove Chamber of Commerce to administer the BID budget.
Alternatively, discuss and take other actions related to this item.

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

State Community Development Block Grant (CDBG) Grant Close (2017) out and Grant Amendment (2021) Action required by May 17, 2023.

Reference: Alyssa Kroeger, Housing Program Manager

Recommended Action:

Conduct a Public Hearing required by the California Department of Housing and Community Development (HCD) on the Community Development Block Grant (CDBG) Program to close out the 2017 CDBG Housing Rehabilitation Loan Program (HRLP); and
Approve a resolution reprogramming a 2021 CDBG Program Income (PI) Funding Application from Multi-Family rehabilitation to Single-Family rehabilitation to continue the City's ongoing Housing Rehabilitation Loan Program (HRLP).

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

12.

UNFINISHED AND ONGOING BUSINESS

Formal Selection of Focused General Plan Update Consultant

Reference: Anastacia Wyatt, Community Development Director

Recommended Action:

Authorize an Agreement with Rincon Consultants, Inc. to complete the focused General Plan update, associated zoning ordinance and map amendments, and objective design and development standards, economic analysis, market assessment, parking data, and a climate action and adaptation plan in an amount not to exceed $2,193,070 beginning in FY 22/23 and terminating in FY 27/28.
Alternatively, discuss and take other action related to this item.

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

CONCEPT REVIEW: Draft Cannabis Regulations

Reference: City Attorney Brian Pierik, Erica Vega, Esq., City Manager Ben Harvey, Administrative Services Director/Assistant City Manager Tori Hannah

Recommended Action: Discuss the draft cannabis licensing and zoning ordinances and provide direction to staff.

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

Pints on the Peninsula Special Event

Reference: Katie Clark, Recreation Manager

Recommended Action:

Approve Pints on the Peninsula as a Full Cost Recovery Special Event for inclusion in the FY 2023-2024 Special Events Calendar.
Allow alcohol to be served in the confines of the fenced special event area attached to California Seltzer Company store front location of 631 Ocean Ave per Municipal Code Section 11.04.020, Consumption in Public Spaces.
Alternatively, discuss and take other action related to this item.

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

Lover's Point Pier Repair Project

Reference: Joyce Halabi, Deputy Public Works Director

Recommended Action:

Receive Report
Provide staff with direction on pursuing the interim repair design solution
Alternatively, discuss and take other action related to this item

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

Local Water Project Operations and Maintenance Contract

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

Recommended Action:

Authorize an amendment to the Asset Management Agreement with PERC Water for the Operations & Maintenance of the Pacific Grove Local Water Project for a 5-year term (November 1, 2023 –October 31, 2028) at a monthly fixed cost of $32,896 and a variable cost of $247.24 per acre foot of influent flow to the plant.
Alternatively, discuss and take other action related to this item

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

Agreement with Bowman for the Design and Environmental for Replacement of Pump Station 15.5

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

Recommended Action:

Authorize an agreement with Bowman for the Design and Environmental for Replacement of Pump Station 15.5 in an amount not to exceed $109,174.
Alternatively, discuss and take other action related to this item.

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

13.

NEW BUSINESS

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.