Printed Agenda

CITY COUNCIL
REGULAR MEETING AGENDA
Wednesday, September 4, 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: Councilmember Coletti

APPROVAL OF AGENDA

PRESENTATIONS

Mayor's Proclamation: Recognizing The Heritage Society of Pacific Grove Point Pinos Lighthouse Restoration

Reference: Bill Peake, Mayor

Recommended Action: Receive proclamation.

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 August 21, 2024 City Council Regular Meeting

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

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

Community Goals and Work Plan Review for FY 24-25

Reference: Matthew Mogensen, City Manager

Recommended Action: Receive the Goals and Work Plan Update.

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

Water Allocation Update for 520 Lighthouse Avenue Mixed-Use Project

Reference: Karen Vaughn, Community Development Director

Recommended Action: Receive report.

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

Monterey One Water Board of Directors 2024 Mid-Year Highlights

Reference: Nick Smith, Mayor Pro Tem

Recommended Action: Receive 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

Promissory Note and Agreement for 157 Grand Avenue

Reference: Matthew Mogensen, City Manager

Recommended Action: Approve a new Promissory Note and Agreement with IC PG Property Owner, LLC for water entitlement for the hotel project at 157 Grand Avenue (APN 006-173-002), accelerating the water entitlement payment by 12-months and revising the project ownership.

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.

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

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 to modify the salary range for Police Officer and Police Sergeant 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

Cost of Services (User Fee) Study – August 2024

Reference: Jessie Catacutan, Interim Administrative Services Director

Recommended Action:

Adopt the FY 24-25 Recommended Fees (Attachment III) and Resolution No. 24-XXX (Attachment IV) to create and adopt the City’s FY 24-25 Master Fee Schedule.
Direct the City Manager to propose an increase in fees for City Council consideration using the Consumer Price Index (CPI) with a cap of 5%, in May of each of the next three years.

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

12.

UNFINISHED AND ONGOING BUSINESS

Direction to the City Manager regarding Outdoor Dining Guidelines for Bulb-Outs

Reference: Matt Mogensen, City Manager

Recommended Action: City Council to review, comment, and provide direction to the City Manager regarding:

The draft goals and objectives of the Outdoor Dining Guidelines under development;
The current precedent of the Pacific Grove outdoor dining streetscapes; and
Example features, structures and amenities of model and poor outdoor dining facilities noted in field visits of various communities.

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

Lighthouse Avenue Sidewalk Widening Project

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

Recommended Action:

Receive bids and authorize the City manager to prepare a budget amendment to allocate funds for the Lighthouse Avenue Sidewalk Widening Project for an amount of $339,304.66 which includes the base bid, a 25% construction contingency and 15% engineers oversite.
Alternatively, discuss and take other action related to this item.

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

Discussion Regarding California Voting Rights Act Issues, Impact of Ballot Measure for Measure Z (Proposes Reduction from Six Councilmembers to Four Councilmembers) and Letter Received from LULAC on August 23, 2024 and Motion to Provide Direction to City Manager.

Reference: Brian Pierik, City Attorney

Recommended Action:

Discuss California Voting Rights Act issues, Impact of Ballot Measure Z (Proposed Reduction from Six Councilmembers to Four Councilmembers) and Letter Received from LULAC on August 23, 2024.
Motion to Provide Direction to City Manager regarding the California Voting Rights Act which could include returning to the City Council with a Resolution of Intent to Transition from At-Large Elections to By-District Elections and retain a demographer to assist in that transition process or such other action related to this item as the Council determines appropriate.

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

13.

NEW BUSINESS

Outdoor Art Donation Proposal of Stained Glass "The Butterflies" from Nader Agha

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

Recommended Action: 1. Discuss proposed gift of a stained-glass window and provide direction the City Manager.
2. 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.