Printed Agenda

CITY COUNCIL
REGULAR MEETING AGENDA
Wednesday, October 2, 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 Amelio

APPROVAL OF AGENDA

PRESENTATIONS

Mayor's Proclamation: Museum Foundation

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 September 4, 2024, City Council Regular Meeting

Reference: Staphany Arriola, Management Analyst (Confidential)

Recommended Action: Approve minutes.

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

Minutes of the September 18, 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

Resolution Authorizing Investment of Monies in the Local Agency Investment Fund (LAIF)

Reference: Fred Marsh, Administrative Services Director

Recommended Action: Rescind Resolution 23-010; and approve a resolution authorizing the investment of monies in the Local Agency Investment Fund (LAIF).

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

Ordinance Amending the Operating and Capital Budget for the Fiscal Year (FY) 2024-25

Reference: Fred Marsh, Administrative Services Director

Recommended Action: Hold second reading and adopt an ordinance amending the operating and capital budget for the Fiscal Year (FY) 2024-25.

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

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

Climate Action and Adaptation Planning Committee

Reference: Climate Action and Planning Committee Chair Lori McDonnell and Vice-Chair Cathy Wooten

Recommended Action:

Receive report on Climate Action and Adaptation Planning Committee status.
Alternative, discuss and take other action related to this item.

CEQA: Proposed Ordinance not subject to CEQA based on Guideline Sections: 15060(c)(3) and 15378; 15060(c)(2); 15061(b)(3); and 150308

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

Contract Amendment for Professional Services

Reference: Fred Marsh, Administrative Services Director

Recommended Action:

Approve Amendment #1 to the Professional Services Agreement with Catacutan Consulting, LLC., increasing the previously approved contract by $50,000 for a total not to exceed amount of $150,000.
Direct the City Manager to take alternative action.

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

David Avenue Sidewalk Project (CIP23-21) – Award of Contract

Reference: Joyce Halabi, Deputy Public Works Director

Recommended Action:

Award an agreement with JMS Cement Contractors, Inc. In an amount not to exceed $510,020 plus a 10% contingency
Alternatively, discuss and take other action related to this item.

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

Boards, Commissions and Committee Appointments

Reference: Bill Peake, Mayor

Recommended Action: Approve appointments of Roger O'Sullivan to Recreation Board ending January 31, 2029 and Greg Marshall to the Economic Development Commission ending January 31, 2027.

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 Meeting Minutes: May 15, 2024, June 11, 2024, and July 9, 2024

Reference: Aaron Campbell, Senior Planner

Recommended Action: Receive minutes.

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

Planning Commission Meeting Minutes: January 2024 through July 2024

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.

Introduction of Proposed Ordinance Amending Chapter 7.40 of the City’s Municipal Code to Increase Short-Term Rental Penalties in Accordance with SB 60

Reference: Matthew Mogensen, City Manager

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 Chapter 7.40 of the City’s Municipal Code to Increase Short-Term Rental Penalties in Accordance with SB 60; and
Direct a summary of the proposed ordinance be published as approved by the City Attorney.

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

12.

UNFINISHED AND ONGOING BUSINESS

Resolution Of The City Council Of The City Of Pacific Grove Declaring Its Intent To Initiate Procedures For A Transition From At-Large To District-Based Council Member Elections

Reference: Brian Pierik, City Attorney

Recommended Action:

Motion to adopt Resolution Of The City Council Of The City Of Pacific Grove Declaring Its Intent To Initiate Procedures For A Transition From At-Large To District-Based Council Member Elections in the form of Attachment 1
Motion to direct the City Manager to develop a tentative timeline for conducting public hearings, formulating proposed district maps scenarios and election sequencing, and present a draft ordinance to the City Council for action.
Motion to authorize the Mayor to sign an Agreement with LULAC to extend the date to complete the transition to district-based elections within the safe harbor provisions of Elections Code Section 10010 to March 31, 2025 provided that LULAC agrees to such an extension.
Motion to authorize the Mayor to sign a First Amendment to City of Pacific Grove Professional Services Agreement with National Demographic Corporation for further Demographer Services in an amount not to exceed $49,000.

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

"The Butterflies" Art Donation Subcommittee Report

Reference: Debby Beck and Luke Coletti, Councilmembers

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

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.