Printed Agenda

CITY COUNCIL
REGULAR MEETING AGENDA
Wednesday, September 18, 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 McDonnell

APPROVAL OF AGENDA

PRESENTATIONS

Mayor's Proclamation: Hispanic Heritage Month

Reference: Staphany Arriola, Management Analyst

Recommended Action: Receive proclamation for Hispanic Heritage Month.

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

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 to amend the City Salary Classification Schedule (POA)

Reference: Leticia Livian, Human Resources Director

Recommended Action: Hold second reading and adopt an ordinance amending the City Salary Classification Schedule (POA).

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

Check Register for August 2024

Reference: Lori Frati, Finance 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 August 2024

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

Fourth Quarter FY 23/24 Purchase Order Report

Reference: Lori Frati, Finance Manager

Recommended Action:

Receive the FY 23/24 Fourth Quarter Purchase Order 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

Fourth Quarter FY 23/24 Capital Project Report & Update

Reference: Jazelle Johnson, Accountant

Recommended Action:

Receive the report.
Alternatively, discuss and take action related to this item.

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

Monterey-Salinas Transit Minutes of July 8 and August 19, 2024.

Reference: Joe Amelio, Councilmember

Recommended Action: Receive Minutes.

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

City Support of League of California Cities’ Resolution at Annual Conference

Reference: Sandra Kandell, City Clerk

Recommended Action:

Support the resolution offered for consideration at the League of California Cities’ Annual Conference.
Direct the City of Pacific Grove (City) Delegate to vote in favor of the resolution during the Conference General Assembly.
Alternatively, discuss and take other action related to this item.

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

City of Pacific Grove's Conflict of Interest Code

Reference: Sandra Kandell, City Clerk

Recommended Action: Review and file the City's Conflict of Interest Code acknowledging no amendment is required.

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

Cultural Resource and Tribal Monitoring Protocol

Reference: Joyce Halabi, Deputy Public Works Director

Recommended Action:

Authorize an amendment with Rincon Consultants, Inc. to increase the contract amount by $39,943 plus a 10% contingency and extend the term through June 30, 2025
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

Minutes of the Task Force on Diversity, Equity and Inclusion's Meeting: August 12, 2024

Reference: Sandra Kandell, City Clerk/DEI Coordinator

Recommended Action: Receive minutes.

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

Historic Resources Committee Meeting Minutes: March 27, 2024; April 24, 2024; July 24, 2024

Reference: Garrett McCown, Associate Planner

Recommended Action: Receive minutes.

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

Recreation Board Meeting Minutes: September 28, 2023, November 30, 2023, January 25, 2024, and February 22, 2024

Reference: Katie Clark, Recreation 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.

Fiscal Year 2024-25 Budget Amendments

Reference: Fred Marsh, Administrative Service Director

Recommended Action: 1. Request the City Attorney to read the title of the ordinance
2. Motion to waive further reading of the ordinance
3. Introduce and hold the first reading of an ordinance amending the operating and capital budget for the Fiscal Year 2024-25
4. 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

Discussion of American Tin Cannery (ATC) Project; Proposed Resolution Declaring City’s Intent to Vacate Excess Right-Of-Way Located on Portion of Sloat Avenue; Proposed Resolution Pursuant to Government Code Section 54221 for Exempt Surplus Land; Proposed Uncodified Ordinance Conditionally Ordering Vacation

Reference: Brian Pierik, City Attorney

Recommended Action: 1. Motion to adopt Resolution Declaring City’s Intent to Vacate Excess Right-Of-Way Located on Portion of Sloat Avenue as described in Attachment 1;
2. Motion to adopt Resolution Pursuant to Government Code Section 54221 for Exempt Surplus Land as described in Attachment 2;
3. Proposed Uncodified Ordinance Conditionally Ordering Vacation as described in Attachment 3:

a. Request the City Attorney read the title of the ordinance:
b. Motion to waive further reading of the ordinance and introduce the Uncodified Ordinance Conditionally Ordering Vacation
c. Direct a summary of a proposed ordinance be published as approved by the City Attorney.

4. Other action related to this agenda item as Council determines appropriate

CEQA: Environmental Impact Report

12.

UNFINISHED AND ONGOING BUSINESS

Pine Avenue Street Improvements, Fountain and 15th

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

Recommended Action:

Receive presentation
Authorize staff to discuss options with the Traffic Safety Commission and Pacific Grove Unified School District Staff to gain feedback on improvements and subsequently, bring back refined options to the City Council
Alternatively, discuss and take other action related to this item

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

Lighthouse Avenue Sidewalk Widening Project

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

Recommended Action:

Authorize the City manager to enter into an agreement with Silcon Constructors Inc. for the Lighthouse Avenue Widening Project for an amount not to exceed $242,360.53 plus a 25% contingency
Alternatively, discuss and take other action related to this item.

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

Second Amendment to Professional Services Agreement (PSA) with Rincon Consultants, Inc. for the Sixth Cycle Housing Element Update (HEU)

Reference: Alyssa Kroeger, Housing Program Manager

Recommended Action: Approve motion to authorize the Mayor to execute the Second Amendment to Professional Services Agreement (PSA) with Rincon Consultants, Inc. for the Sixth Cycle Housing Element Update (HEU) and associated updates to the Zoning Code, Land Use Element (LUE), and Health and Safety Element (HSE) and Program Environmental Impact Report (EIR) (“Project”), adding an amount not to exceed $157,699.00 to complete the following:

Cover out-of-scope work associated with alternative housing sites and methods to replace three (3) Unclassified sites for the 6th Cycle HEU ($134,209.00); and
Provide optional task funding to cover additional work only to be utilized in the event the City receives substantive comments from HCD ($23,490.00). (Attachment A)

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

13.

NEW BUSINESS

14.

FULL PRESENTATIONS

Pure Water Monterey Presentation

Reference: Paul Sciuto, Monterey One Water General Manager

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.