Printed Agenda

CITY COUNCIL
REGULAR MEETING AGENDA
Wednesday, October 4, 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 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 Coletti

APPROVAL OF AGENDA

PRESENTATIONS

Mayor's Proclamation: Banned Books Week

Reference: Bill Peake, Mayor

Recommended Action: Receive proclamation

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

Pacific Grove Deer Awareness

Reference: Carmelita Garcia

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.

Written General Public Comment

Reference: Lydia Matta, Office Assistant

Recommended Action: Written General Public Comment

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

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

Temporary Employment of Retired Annuitant

Reference: Leticia Livian, Human Resources Director

Recommended Action: Approve a resolution appointing Bonnie Gawf as a Retired Annuitant to Provide Special Assistance to the City during the temporary absence of the regular City Clerk.

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 Amending Salary Classification Schedule to Incluide Salary for City Manager Pro Tempore

Reference: Brian Pierik, City Attorney

Recommended Action: Hold second reading of an ordinance to amend the salary classification schedule to include salary for City Manager Pro Tem.

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

August 2023 Check Register

Reference: Audrey Cray, Deputy Director Finance

Recommended Action:

Receive the Check Register.
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 - August

Reference: Audrey Cray, Deputy Director Finance

Recommended Action:

Receive the report.
Alternatively, discuss and take other action related to this item.

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

League of California Cities Annual Conference and Expo Summary

Reference: Joe Amelio and Chaps Poduri, Councilmembers

Recommended Action: Receive the report.

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

Designation of Official City Newspapers

Reference: Sandra Kandell, City Clerk

Recommended Action: Authorize the City Manager Pro Tempore to award the designation of 2023-2024 Official Newspaper to the Monterey Herald, the Monterey County Weekly, and the Carmel Pine Cone.

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

City Manager Pro Tempore

Reference: Brian Pierik, City Attorney

Recommended Action: Approve the following:

Motion to authorize City Manager Pro Tempore Tori Hannah to remove City employees in addition to the authority to appoint City employees and all other City Manager powers and duties.
Alternatively, discuss and take other action related to this item.

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

Recreation Board Minutes: January 13, January 27, February 24 and March 24, 2022

Reference: Katie Clark, Recreation Manager

Recommended Action: Receive the minutes.

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

Library Advisory Board Meeting Minutes: July 10,2023

Reference: Diana Godwin, Library Director

Recommended Action: Receive minutes.

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

Historic Resources Committee Meeting Minutes: July 26, 2023

Reference: Garrett McCown, Assistant Planner

Recommended Action: Receive the minutes.

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

BNRC Minutes, February, March, and April 2023.

Reference: George Fuerst, Environmental Program Manager

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.

Ordinance to Amend the Salary Classification Schedule

Reference: Leticia Livian, Human Resources Director, and Tori Hannah, City Manager Pro Tempore

Recommended Action:

Request the City Attorney read the title of the ordinance;
Motion to waive further reading of the ordinance;
Introduce and hold a first reading of an ordinance to amend the salary classification schedule; and approve the amendment; and
Direct that 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

Ordinance to Approve an Amendment to the Fiscal Year 2023-24 Operating and Capital Improvement Budget

Reference: Audrey Cray, Deputy Director Finance

Recommended Action:

Approve an amendment to the Fiscal Year 23/24 Operating and Capital Improvement Budget;
Request the City Attorney read the title of the ordinance;
Motion to waive further reading of the ordinance;
Introduce and hold first reading of an ordinance amending the FY23/24 Budget; and
Direct that publication of the ordinance will be satisfied by publication of a summary approved by the City Attorney.

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

12.

UNFINISHED AND ONGOING BUSINESS

Planning Commission Recommendations for the Cannabis Regulatory Draft Ordinances This item is continued from the September 6, 2023 meeting.

Reference: Erica Vega, Contract City Attorney

Recommended Action:

Consider and accept Planning Commission recommendations for the draft Cannabis Zoning Ordinance for Title 23 and the draft Cannabis Licensing Ordinance for Title 11.
Recommend staff bring final draft ordinances back to City Council for a first reading/introduction.
Alternatively, discuss and take other action related to this item.

CEQA: Categorical Exemption, CEQA Guidelines Section 15061(b)(3)

Lovers Point Pier Repair

Reference: Joyce Halabi, Deputy Public Works Director

Recommended Action:

Receive report and provide direction
Alternatively, take other action related to this item

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

13.

NEW BUSINESS

Backstop Replacement Pacific Grove Municipal Ball Park

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

Recommended Action:

Authorize an agreement with Judge netting, Inc. for the design, engineering, and installation of a new backstop at the Pacific Grove Municipal Ball Park in an amount not to exceed $139,300 plus a 5% contingency.
Alternatively, discuss and take other action related to this item

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

Black Oystercatcher Protection Protocol MOU Between City and Monterey Audubon Society

Reference: George Fuerst, Environmental Program Manager

Recommended Action: Approve the proposed Black Oystercatcher Protection Protocol Memorandum Of Understanding (MOU) between the City and Monterey Audubon Society (MAS) as recommended by the Beautification and Natural Resource Commission (BNRC).

CEQA: Categorical Exemption, CEQA Guidelines Section 15308, Class 8, Actions by Regulatory Agencies for Protection of the Environment

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.