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CITY COUNCIL
REGULAR MEETING AGENDA
Wednesday, March 2, 2022, 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 [email protected]
. 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.
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MEETING INSTRUCTIONS
The public may also view the meeting on the Peninsula Channel 25.
AGENDA
CALL TO ORDER
A.
Remote Teleconference - AB 361
Reference:
Sandra Kandell, City Clerk
Recommended Action:
Ratify Resolution No. 21-029 Emergency Teleconferencing authorizing remote teleconference meetings of all City legislative bodies for the following 30 days in accord with the Ralph M. Brown Act.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 PLEDGE OF ALLEGIANCE:
Councilmember Coletti
1. APPROVAL OF AGENDA
2. PRESENTATIONS
A.
Central Coast Community Energy Annual Update by Gabe Ruiz, Key Account Specialist Reference:
Gabe Ruiz, Key Account Specialist
Recommended Action:
Receive presentation.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
3. COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only) A.
Other
4. 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.
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.
5. APPROVAL OF CITY COUNCIL MEETING MINUTES
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business A.
Minutes of the February 16, 2022 City Council Special and Regular Meetings Reference:
Sandra Kandell, City Clerk
Recommended Action:
Approve minutes.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
6. RESOLUTIONS
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business A.
Resolution in Support of Conveyance of the NOAA
Reference:
Amy Tomlinson, Councilmember
Recommended Action:
Approve a resolution in support of conveyance of the National Oceanic Atmospheric Administration (NOAA) Property on Lighthouse Avenue to a joint venture between the Center for Ocean Art, Science, and Technology (CAOST) and Central Coast community Energy (3CE) CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
7. ORDINANCES
Items pulled from this section will be placed under 11. Public Hearings
8. REPORTS – INFORMATION ONLY
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business A.
Monterey Salinas Transit Meeting Minutes for December 13, 2021 and January 10, 2022 Reference:
Joe Amelio, Councilmember
Recommended Action:
Receive minutes.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
9. REPORTS – REQUIRING ACTION
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business A.
Ratification of New Local Emergency Actions
Reference:
Ben Harvey, City Manager
Recommended Action:
Receive report of emergency directives/modifications.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 B.
Contract Amendment with Rincon Consultants, Inc.
This item was continued from the February 16, 2022 meeting.
Reference:
Joseph Sidor, Contract Planner
Recommended Action:
Approve the Proposed Contract Amendment and Reimbursement Agreement with Rincon Consultants, Inc. based on the Scope of Work and Cost Estimate provided for preparation of a revised Initial Study-Mitigated Negative Declaration (IS-MND) relating to a development project located at 1661 Sunset Drive.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 C.
Committee and Liaison Appointments
Reference:
Bill Peake, Mayor
Recommended Action:
Approve appointments of Kathleen Balke to the Administrative Enforcement Hearing Officer Panel and Chip Rerig to the Economic Development Commission both for a term ending January 31, 2024. Endorse Councilmember Coletti as Council liaison for the Beautification and Natural Resources Commission.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 D.
Contract Amendment with Alvarez Technology Group for Information Technology Services Reference:
Mohammed Khasimi, Chief Information Officer
Recommended Action:
Approve amendment to the contract with Alvarez Technology Group in amount not to exceed $73,500.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 E.
Veteran's Home in Monterey County
Reference:
Bill Peake, Mayor
Recommended Action:
Approve support letter for Veteran’s Home in Monterey County.
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 A.
Beautification and Natural Resources Commission Minutes: December 21, 2021 and January 18, 2022 Reference:
Daniel Gho, Public Works Director / Deputy City Manager Recommended Action:
Receive minutes.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 B.
Diversity, Equity, and Inclusion Task Force Minutes: December 6, 2021, December 13, 2021, January 10, 2022 and January 24, 2022 Reference:
Sandra Kandell, City Clerk
Recommended Action:
Receive minutes.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 C.
Museum Board Minutes: February 9, 2021, May 11, 2021, and November 30, 2021 Reference:
Joyce Halabi, Deputy Public Works Director
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. Public hearings on non-controversial matters or for which testimony is not anticipated may be placed on the Consent Agenda, but shall be removed if any person requests a staff presentation or wishes to be heard on the matter.
A.
Vacation of Excess Right-of-Way on Sloat Avenue Pursuant to §§ 8300-8368 of the California Streets and Highways Code This item was continued from the February 16, 2022 meeting.
Reference:
Alyson Hunter, AICP, CDD Director
Recommended Action:
Hold a public hearing and approve a resolution conditionally authorizing the vacation of excess right-of-way (ROW) for a portion of Sloat Avenue pursuant to Sections 8830-8368 of the California Streets and Highways Code.
CEQA:
Environmental Impact Report
B.
City Council Salary and Health Benefits
This item was continued from the February 16, 2022 meeting.
Reference:
Jenny McAdams, Mayor Pro Tem and Amy Tomlinson, Councilmember Recommended Action:
Introduce and hold first reading of an ordinance to (1) amend the salary classification schedule to modify salary ranges for City Council Member and Mayor and (2) 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 C.
Amend Pacific Grove Municipal Code Chapter 23.73.050 – Time Limits and Extensions Reference:
Laurel O'Halloran, Associate Planner
Recommended Action:
Introduce and hold first reading of an Ordinance to Amend Pacific Grove Municipal Code Chapter 23.73.050 - Time Limits and Extensions, and direct publication of a summary of the ordinance 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
A.
Local Water Project Business Plan Peer Review
This item was continued from the February 16, 2022 meeting.
Reference:
Daniel Gho, Public Works Director / Deputy City Manager; Tori Hannah, Administrative Services Director / Assistant City Manager Recommended Action:
Receive the Peer Review of Pacific Grove Local Water Project Business Plan prepared by DTA, validating the City’s assumptions noted in the Business Plan, and authorize staff to being negotiations with CourseCo; and approve a loan repayment plan for the Sewer Fund Interfund Loan.
CEQA:
Environmental Impact Report
B.
Hybrid Meeting Update
This item was continued from the February 16, 2022 meeting.
Reference:
Sandra Kandell, City Clerk
Recommended Action:
Approve staff recommendation to commence hybrid meetings by phases as outlined in the Discussion section of agenda report.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 C.
PG Hotel Homekey Project
This item was continued from the February 16, 2022 meeting.
Reference:
Bill Peake, Mayor
Recommended Action:
Direct City Manager to begin public outreach on a potential Homekey project no later than March 16, 2022.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 D.
FY21/22 Street Rehabilitation Project – Ocean View Blvd This item was continued from the February 16, 2022 meeting.
Reference:
Joyce Halabi, Deputy Public Works Director
Recommended Action:
Authorize an agreement with Monterey Peninsula Engineering for the FY21/22 Street Rehabilitation Project on Ocean View Blvd in an amount not to exceed $1,145,323 plus a 15% contingency.
CEQA:
Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities
13. NEW BUSINESS
14. FULL PRESENTATIONS
15. CLOSED SESSION
A.
Conference with Real Property Negotiators (Government Code § 54956.8) Property: Portions of Sloat Avenue east of Dewey Avenue and west of Eardley Avenue and portions of Ocean View Boulevard Agency Negotiator(s): Tori Hannah, Administrative Services Director/Assistant City Manager, Special Counsel Elizabeth Hull, Alyson Hunter, Community Development Director Negotiating Party(ies): Debra Geiler and Mike Zimmerman Under negotiation: Price and terms of payment
B.
Conference with Legal Counsel – Pending Litigation (Government Code § 54956.9) Pacific Grove Coast Watch and Anthony A. Ciani v. City of Pacific Grove; Pacific Grove City Council; Foursome Development Company; Paul Living Trust; CCS Pacific Grove Manager LLC., et al.
Monterey Superior Court Case No. 22CV000387
Reference:
David Laredo, City Attorney
Recommended Action:
Receive report and provide direction.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 C.
Conference with Legal Counsel – Pending Litigation (Gov. C. §54956.9) Michael Gonzalez v. City of Pacific Grove, California; Police Chief Cathy Madalone; City Manager Ben Harvey; Does 1 -10 .
U.S. District Court, Northern District Action No. 5:22-cv-1079 SVK Reference:
David Laredo, City Attorney
Recommended Action:
Receive report and provide direction.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
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.