Printed Agenda

CITY COUNCIL
REGULAR MEETING AGENDA
Wednesday, July 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.

PACIFIC GROVE COUNCIL MEETINGS ARE CONDUCTED IN PERSON AT CITY HALL COUNCIL CHAMBER AND VIRTUALLY.

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AGENDA

CALL TO ORDER

PLEDGE OF ALLEGIANCE: Mayor Peake

APPROVAL OF AGENDA

PRESENTATIONS

Central Coast Community Energy (3CE) Annual Presentation

Reference: Judi Young, Senior Customer Accounts Manager 3CE

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 June 19, 2024 City Council 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

Acceptance of Conservation Easement Deeds for 1335 and 1353 Arena Avenue, Pacific Grove (APNs 007-061-046 and 007-061-048) to Satisfy Condition of Approval No. 5 of Coastal Development Permit No. 22-0296

Reference: Joseph Sidor, Contract Planner

Recommended Action: Staff recommends the City Council:

Find that accepting the Conservation Easement Deeds is categorically exempt per Section 15305 of the CEQA Guidelines;
Accept the Conservation Easement Deeds to satisfy Condition of Approval No. 5 of Coastal Development Permit No. 22-0296;
Adopt the resolution authorizing the City Manager to accept the deeds or grants conveying an interest in or easement upon the subject real property or real estate; and
Direct the City Manager to accept and submit the Conservation Easement Deeds to the County Recorder for recordation with all applicable recording fees paid by the applicant.

CEQA: Categorical Exemption, CEQA Guidelines Section 15305, Class 5, Minor Alterations in Land Use Limitations

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

Ordinance Amending the Salary Classification Schedule

Reference: Leticia Livian, Human Resources Director

Recommended Action: Hold second reading of an ordinance amending 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

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

Appointment to Library Board

Reference: Bill Peake, Mayor

Recommended Action: Motion to approve appointment of Lucy Moore to Library Board ending January 31, 2028.

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

Arborist Services

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

Recommended Action:

Authorize an agreement with Monterey Bay Treeworks for Professional Arborist Services for FY 24/25 in an amount not to exceed $104,000.
Alternatively, discuss and take other action on this item.

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

Maintenance Services Agreement with The Don Chapin Co., Inc DBA Greenline Liquid Waste Haulers for Sanitary Sewer Maintenance Services

Reference: Joyce Halabi, Deputy Public Works Director

Recommended Action:

Authorize Mayor to sign extensions of the Maintenance Service Agreement with The Don Chapin Co., Inc DBA Greenline Liquid Waste Haulers
Alternatively, discuss and take other action related to this item

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

Maintenance Services Agreement with Accent Clean and Sweep Inc. For Street Sweeping Services

Reference: Joyce Halabi, Deputy Public Works Director

Recommended Action:

Authorize Mayor to sign extensions of the Maintenance Services Agreement with Accent Clean and Sweep Inc.
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

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.

Waste Water Collection Service Fees on the Tax Bill Protest Public Hearing

Reference: Matt Mogensen, City Manager

Recommended Action: Staff recommends the City Council:

Continue a Public Hearing on the collection of annual sewer service fees on the property tax roll by the County of Monterey to a date certain;
Continue a Public Hearing on the collection of annual sewer service fees on the property tax roll by the County of Monterey to a date uncertain.

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

Resolution of the City Council Of The City Of Pacific Grove Submitting A Ballot Measure To Voters To Amend The Pacific Grove City Charter To Change The Number Of Elected City Council Members From Six To Four and related changes to the City Charter

Reference: Matt Mogensen, City Manager

Recommended Action:

Motion to adopt a Resolution of the City Council Of The City Of Pacific Grove Submitting A Ballot Measure To Voters To Amend The Pacific Grove City Charter To Change The Number Of Elected City Council Members From Six To Four and related changes to the City Charter.
Other action related to this item.

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

Resolution of the City Council of the City of Pacific Grove submitting a ballot measure to voters amending Chapter 23.45 of the Pacific Grove Municipal code to add a definition of timeshare project and prohibit advertising and sale thereof and other changes

Reference: Matt Mogensen, City Manager

Recommended Action:

Motion to adopt a Resolution of the City Council of the City of Pacific Grove submitting a ballot measure to voters amending Chapter 23.45 of the Pacific Grove Municipal code to add a definition of timeshare project and prohibit advertising and sale thereof and other changes (Attachment 1).
Motion finding that Resolution and Proposed Ordinance are not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because the enactment of this Proposed Ordinance: (1) does not constitute a “project” as defined by CEQA pursuant to Sections 15060(c)(3) and 15378; (2) will not result in a direct or reasonably foreseeable indirect physical change in the environment pursuant to Section 15060(c)(2); (3) is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment pursuant to 15061(b)(3); and (4) involves regulatory actions to assure protection of the environment pursuant to Section 15308.
Other action related to this item.

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

Lovers Point Grill Lease Agreement

Reference: Matt Mogensen, City Manager

Recommended Action:

Request the City Attorney to read the title of the ordinance;
Motion to waive further reading and introduce an Ordinance of the City Council of the Pacific Grove approving a five-year lease between Sunset Hospitality Group, Inc., a California corporation, and the City of Pacific Grove for the use of City owned property including approximately 270 square feet of building space located at Lover’s Point Park and Beach in the City of Pacific Grove, and authorizing and directing the City Manager to execute the same.
Direct that publication of the Ordinance will be satisfied by publication of a summary approved by the City Attorney.
Motion to approve the form of a Lease with Sunset Hospitality Group.
Motion to approve a License Agreement with Sunset Hospitality Group.
Motion finding the License Agreement and Lease Agreement are exempt from the California Environmental Quality Act (CEQA) per Section 15301 of the CEQA Guidelines which allows for the leasing, licensing, repair, and maintenance of public or private structures.

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

12.

UNFINISHED AND ONGOING BUSINESS

Resolution Amending Council Policy 000-17 ‘Order of Agenda’

Reference: Brian Pierik, City Attorney

Recommended Action:

Motion to adopt a Resolution Amending Council Policy 000-17 'Order of Agenda’.
Alternative, 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.