Printed Agenda

CITY COUNCIL
REGULAR MEETING AGENDA
Wednesday, April 3, 2024, 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.

Under the Brown Act, public comment for matters on the agenda must relate to that agenda item and public comments for matters not on the agenda must relate to the subject matter jurisdiction of this legislative body. This is a warning that if a member of the public attending this meeting remotely or in-person violates the Brown Act by failing to comply with these requirements of the Brown Act, then the Mayor or Chair may request that speaker be muted. If a member of the public attending this meeting in-person engages in disruptive behavior that disturbs the orderly conduct of the meeting, they may be removed from the meeting after a warning, pursuant to Council Policy 000-17.

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AGENDA

CALL TO ORDER

PLEDGE OF ALLEGIANCE: Mayor Pro Tem Smith

APPROVAL OF AGENDA

PRESENTATIONS

Mayor's Proclamation: National Library Week

Reference: Bill Peake, Mayor

Recommended Action: Receive presentation.

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

Mayor's Proclamation: National Community Development Week

Reference: Bill Peake, Mayor

Recommended Action: Receive presentation.

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

Mayor's Proclamation: Fair Housing Month

Reference: Bill Peake, Mayor

Recommended Action: Receive presentation.

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

Fair Housing Presentation by Echo Fair Housing Coordinator Angie Watson-Hajjem

Reference: Echo Fair Housing Coordinator Angie Watson-Hajjem

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

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 March 16, 2024 City Council Special Closed Session Meeting

Reference: Sandra Kandell, City Clerk

Recommended Action: Approve minutes.

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

Minutes of the March 20, 2024, Closed Session and Regular Meetings

Reference: Staphany Arriola

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

ORDINANCES
Items pulled from this section will be placed under 11. Public Hearings

Second Reading of Ordinance Adding Section 2.04.110 to the Pacific Grove Municipal Code to Codify the Provisions of Article 21 of the City Charter (City Councilmember Inquiry Authority)

Reference: Robert Perrault, Interim City Manager and Special Counsel Jenica Maldonado, Atkinson Andelson Loya Ruud and Romo

Recommended Action: Hold second reading and adopt an Ordinance Adding Section 2.04.110 to the Pacific Grove Municipal Code to Codify the Provisions of Article 21 of the City Charter (City Councilmember Inquiry Authority)

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

Housing Element Monthly Status Update

Reference: Alyssa Kroeger, Housing Program Manager

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

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

Appointment to Architectural Review Board

Reference: Bill Peake, Mayor

Recommended Action: Approve appointment of D. Huff to Architectural Review Board ending January 31, 2026.

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

Resolution Approving City Council Inquiry Policy

Reference: Robert Perrault, Interim City Manager

Recommended Action: Adopt a Resolution Approving City Council Inquiry Authority and Directing the City Manager to Implement the Policy

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

Architectural Review Board Minutes: February 13, 2024

Reference: Laurel O'Halloran, Associate Planner & Economic Development Coordinator

Recommended Action: Receive minutes.

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

Beautification and Natural Resources Committee Minutes: May through October 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.

First reading of an ordinance to amend the City Salary Classification Schedule

Reference: Leticia Livian, Human Resources Director

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

12.

UNFINISHED AND ONGOING BUSINESS

Chinese Pavilion Project

Reference: Amy Colony, Management Analyst

Recommended Action:

Receive update and authorize the City Manager to proceed with Elmarie Dyke Open Space as the preferred location for the Chinese Pavilion project and include it as a CIP project for Fiscal Year 2024/2025.
Alternative, take other action related to this item.

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

Special Event Calendar FY 2023-2024 Late Additions

Reference: Katie Clark, Recreation Manager

Recommended Action:

Approve Enchanted Forest as a Full Cost Recovery Special Event for inclusion in the FY 2023-2024 Special Events Calendar
Approve the first date of the EDC Concert Series as City Sponsored Special Event for inclusion in the FY 2023-2024 Special Events Calendar

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

13.

NEW BUSINESS

Special Event Calendar FY 2024-2025

Reference: Katie Clark, Recreation Manager

Recommended Action:

Approve the Fiscal Year 2024-2025 Special Events Calendar
Approve 7 proposed events as Special Events to be billed at full cost recovery rates
Approve 23 proposed special events as City Sponsored Events and waive the fees for City staff support and equipment/facility usage

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

American Tin Cannery Project and Comment by City to the California Coastal Commission.

Reference: Robert Perrault, Interim City Manager

Recommended Action: Direct the Mayor to provide written comment to the California Coastal Commission in support of the revised ATC Project or other action related to this item.

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

Ballot Measure(s) to Amend PGMC 23.45 and PGMC 6.11

Reference: Luke Coletti, Councilmember

Recommended Action: Direct the City Manager to return to the Council with the documents necessary to place a measure(s) on the November 5, 2024, ballot asking the voters to amend Measure B (PGMC 23.45) and Measure C (PGMC 6.11) to implement the following:

Amend PGMC 23.45 to: (1) provide a definition for “timeshare” or “timeshare project,” including those fractional interest uses marketed, sold, and managed as timeshares, and (2) allow the City Council to make any future amendments to the definition via Council Ordinance.
Amend (or rescind) PGMC 6.11 in order to be consistent with: (1) the proposed voter-adopted definition(s), and (2) the City’s transient occupancy tax rate (i.e., existing timeshare projects (there are two) shall be taxed at the same rate as hotels/motels per PGMC 6.09).

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

14.

FULL PRESENTATIONS

15.

CLOSED SESSION

Conference with Labor Negotiator Pursuant to Government Code Section 54957.6
Agency designated representative: City Attorney Brian Pierik
Employee: City Manager

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.