Printed Agenda

CITY COUNCIL
REGULAR MEETING AGENDA
Wednesday, April 17, 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: Councilmember Poduri

APPROVAL OF AGENDA

PRESENTATIONS

Mayor's Proclamation: Arbor Day

Reference: Bill Peake, Mayor

Recommended Action: Receive proclamation.

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

Service Awards for 5 Years: Clarissa Carillo, David Moya and Steven Speed

Reference: Robert Perrault, Interim City Manager

Recommended Action: Receive presentations.

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

Certificates of Appreciation to Interns: Carolin Abele, Lara Forderer, Claire Karo, Stefanie Keller, and Jasmin Mayer

Reference: Robert Perrault, Interim City Manager

Recommended Action: Receive presentations.

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: Staphany Arriola, Management Analyst

Recommended Action: Receive written 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

Minutes of the March 30, 2024 City Council Special Closed Session

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 April 3, 2024 Closed Session and Regular Meetings

Reference: Staphany Arriola, Management Analyst

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 Hospitality Improvement District (HID)

Reference: Lori Frati, Finance Manager

Recommended Action:

Approve a resolution of intention to levy an assessment for the Hospitality Improvement District for Fiscal Year 2024-25.
Direct staff to notice a public hearing to be held on May 15, 2024 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

Resolution of Intention to Levy the Annual Assessment for the Downtown Business Improvement District (BID)

Reference: Lori Frati, Finance Manager

Recommended Action:

Approve the attached Resolution of Intention to Levy an Assessment for the Downtown Business Improvement District for Fiscal Year 24-25
Hold a public hearing on May 15, 2024 to hear 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 amend the City Salary Classification Schedule

Reference: Leticia Livian, Human Resources Director

Recommended Action: Hold second reading and adopt an ordinance to amend the salary classification schedule.

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

March 2024 Check Register

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

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 for March

Reference: Lori Frati, Finance 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

FY23/24 Crack & Slurry Seal

Reference: Joyce Halabi, Deputy Public Works Director

Recommended Action:

Authorize an agreement with VSS International for the FY23/24 Crack and Slurry Seal project in an amount not to exceed $341,247.90 plus an 5% contingency.
Alternatively, discuss and take other action related to this item.

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

Appointment to Administrative Enforcement Hearing Officer Panel

Reference: Bill Peake, Mayor

Recommended Action: Approve appointment of Mike Milliorn to the Administrative Enforcement Hearing Officer Panel ending January 31, 2026.

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: March 12, 2024

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

Recommended Action: Receive the minutes.

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

Beautification and Natural Resources Commission Minutes: November 11, 2023, December 19, 2023, January 30, 2024, and February 20, 2024

Reference: George Fuerst, Environmental Program Manager

Recommended Action: Receive the minutes.

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

Diversity, Equity and Inclusion Minutes: March 11, 2024

Reference: Sandra Kandell, City Clerk

Recommended Action: Receive the minutes.

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

Historic Resources Committee Meeting Minutes: November 15, 2023, December 20, 2023, January 24, 2024, and February 28, 2024

Reference: Garrett McCown, Associate 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.

12.

UNFINISHED AND ONGOING BUSINESS

Ballot Measure(s) to Amend PGMC 23.45 and PGMC 6.11 This item was continued from the Council's April 3, 2024 meeting.

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

Cedar, Sunset & Congress Intersection Improvements Project

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

Recommended Action:

Receive report.
Select Single Build Alternative, Option 1, Roundabout with Cedar Access Relocated (Preferred Alternative).
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

Authorize the City Manager to send a letter to Monterey One Water affirming the City of Pacific Grove's intent to move the City's Billing for Wastewater (Sewer) charges to the County of Monterey Property tax bill.

Reference: Robert Perrault, City Manager

Recommended Action: Direct the City Manager to send a letter to Monterey One Water Confirming the City's Intent to move City's charges for wastewater collection to the County of Monterey's property tax bill and carry out the tasks with City staff and Monterey One Water staff necessary to effectuate the change July, 1,2024.

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

Resolution Approving Employment Agreement Between the City of Pacific Grove and Matthew Mogensen for the position of City Manager

Reference: Brian Pierik, City Attorney

Recommended Action:

Motion to adopt Resolution Approving Employment Agreement Between the City of Pacific Grove and Matthew Mogensen for the position of City Manager.
Alternative action based on direction of City Council related to this subject matter.

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

14.

FULL PRESENTATIONS

Monterey Peninsula Water Supply Project Update by Josh Stratton, Cal Am External Affairs

Reference: Josh Stratton, Cal Am External Affairs

Recommended Action: Receive presentation.

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

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.