Printed Agenda

CITY COUNCIL
REGULAR MEETING AGENDA
Wednesday, August 7, 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.

PLEASE NOTE THE MEETING WILL PROCEED AS NORMAL EVEN IF THERE ARE TECHNICAL DIFFICULTIES ACCESSING ZOOM.
THE CITY WILL DO ITS BEST TO RESOLVE ANY TECHNICAL ISSUES AS QUICKLY AS POSSIBLE.

THE PUBLIC MAY ALSO VIEW THE MEETING ON PENINSULA CHANNEL 25.

JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://www.cityofpacificgrove.org/Zoom_CC

Please click here for directions to dial into the meeting audio.

AGENDA

CALL TO ORDER

PLEDGE OF ALLEGIANCE: Councilmember Poduri

APPROVAL OF AGENDA

PRESENTATIONS

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

Written Public Comment

Reference: Staphany Arriola, Management Analyst (Confidential)

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 July 17, 2024 Regular and Special 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

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

Ordinance Approving Lease at Lover's Point Grill

Reference: Matt Mogensen, City Manager

Recommended Action: Hold second reading of an Ordinance of the City Council of 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.

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

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

Amendment to the Fire Services Agreement with the City of Monterey to add Emergency Medical Services Including Advance Life Support Services

Reference: Andrew Miller Fire Chief

Recommended Action: Adopt a resolution amending the current Fire Services Agreement with the City of Monterey to add Emergency Medical Services (EMS) to include Advanced Life Support (ALS) services.

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

Agreement with the Society for the Prevention of Cruelty to Animals of Monterey County for Sheltering Services

Reference: Brian Anderson, Acting Chief of Police

Recommended Action: City Council approval of motion authorizing the Mayor to sign an agreement with the Society for the Prevention of Cruelty to Animals of Monterey County for Sheltering Services Agreement

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

Adopt Policy Update Regarding Vehicle Miles Traveled (VMT) and CEQA Compliance

Reference: Joseph Sidor, Contract Planner

Recommended Action: Adopt, by resolution, the proposed amendments to the City's VMT Implementation Policy.

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

Tree Maintenance Services Agreement

Reference: Joyce Halabi, Deputy Public Works Director

Recommended Action:

Authorize an agreement with Topes Tree Service Inc. to provide Tree Maintenance Services for trees in the public right-of-way and on City-owned properties in an amount not-to-exceed $250,000 per fiscal year, with up to four (4) annual, one-year extensions by mutual letter
Authorize the Mayor to execute all letters of extension associated with this agreement
Alternatively, 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

Planning Commission Meeting Minutes: September 2023 through December 2023

Reference: Aaron Campbell, Senior Planner

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 Ordinance Amending Section 2.06.010 (a) of the Pacific Grove Municipal Code Relating to Residency Requirement for City Manager

Reference: Brian Pierik, City Attorney

Recommended Action:

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 Section 2.06.010 (a) of the Pacific Grove Municipal Code Relating to Residency Requirement for City Manager; and
Direct 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

First Reading of an Ordinance Approving an Amendment to the Lease between Lighthouse Fellowship and the City of Pacific Grove

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

Recommended Action:

Request the City Attorney to read the title of the ordinance;
Motion to waive further reading of the ordinance;
Introduce and hold first reading of an Ordinance approving an amendment to the lease between Lighthouse Fellowship and the City of Pacific Grove for the use of City owned property located at 515 Junipero Avenue, commonly known as the Community Center, in the City of Pacific Grove, and authorizing the Mayor to execute Amendment #2 and any Letters of extension of the Lease.
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

Proposed Ordinance Amending Chapter 7.40 of the City’s Municipal Code to Increase Short-Term Rental Penalties in Accordance with SB 60 (This item was continued from Council's July 19, 2024 Regular Meeting.)

Reference: Luke Coletti, Councilmember

Recommended Action:

Direct the City Manager to return within 60 days with a draft ordinance amending Chapter 7.40 of the City’s Municipal Code to increase short-term rental penalties in accordance with SB 60; and
Direct the City Manager to return with a comprehensive list of “infractions that pose a threat to public health or safety,” including those that are a violation of the building and safety code.

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

Resolution Correcting Clerical Error in Resolution No. 24-028 Submitting Ballot Measure to Voters to Amend City Charter to Change the Number of Elected City Council Members from Six to Four

Reference: Brian Pierik, City Attorney

Recommended Action: Motion to adopt Resolution Correcting Clerical Error in Resolution No. 24-028 Submitting Ballot Measure to Voters to Amend City Charter to Change the Number of Elected City Council Members from Six to Four

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

13.

NEW BUSINESS

Resolution Amending Policy 000-5 to Add Section and Regarding Recommendations by Boards, Committees, and Commissions

Reference: Bill Peake, Mayor

Recommended Action:

Motion to approve Resolution Amending Policy 000-5 to Add Section 7 Regarding Recommendations of Boards, Committees and Commissions
Motion to approve Protocol for recommendations to the City Council by Boards, Committees and Commissions
Other action related to this item.

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

League of California Cities (LoCC) Annual Conference Voting Delegate and Alternate(s)

Reference: Sandra Kandell, City Clerk

Recommended Action:

Discuss, designate, and adopt by resolution a voting delegate and up to two alternates to represent the City on policy matters at the League of California Cities (LoCC) Annual Conference on October 16-18 in Long Beach, California.
Alternatively, discuss and take other action related to this item.

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

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.