CITY COUNCIL
AMENDED ERRATA SHEET
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: Sandra Kandell, City Clerk
MEETING DATE: 05/18/2022
SUBJECT: City Council Meeting Agenda- Errata Sheet
Attached is additional information for your consideration at the May 18, 2022 City Council Meeting:
Agenda Item Information Provided/Corrected
6C Resolution Approving Application for Per Capita Grant Funds advertently not attached to agenda report. (See resolution attached.)
11D
In the first paragraph of "Summary" on page 1 of the report (Page of 189 the agenda packet), the third sentence should read: "This item was continued from the City Council’s meetings of February 2, 2022 and February 16, 2002, to the March 2, 2022 meeting, at which time, the item was continued to a date-uncertain future meeting."
A revised resolution for the Sloat Avenue ROW Vacation has been prepared. The revised resolution references the appeal of the City’s Coastal Development Permit (CDP) and notes that final approval of the CDP is one of the planning entitlements that must be received by the Developer as a pre-condition of the effectuation of the ROW vacation. (See revised resolution attached.)
Attachments
Revised Reso
Parks Bond Reso
Attachment 1
RESOLUTION NO. 22-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE,
CALIFORNIA CONDITIONALLY AUTHORIZING THE VACATION OF EXCESS
RIGHT-OF-WAY LOCATED ON SLOAT AVENUE, EXCEPTING AND RESERVING
RIGHTS FOR EXISTING AND PROPOSED PUBLIC UTILITY FACILITIES
WHEREAS, the City of Pacific Grove (“City”) passed Resolution No. 22-003 on January 12, 2022, declaring its intention to vacate the excess public right-of-way easement on the real property located on Sloat Avenue (the “Excess Right-of-Way”), which is approximately 26,778 square feet and adjacent to the proposed American Tin Cannery Hotel and Commercial development (together, the “ATC Development”); and
WHEREAS, the proposed adjacent ATC Development includes certain development and uses on a portion of the Excess Right-of-Way which the City will no longer need to maintain once the ATC Development is approved and constructed; and
WHEREAS, the City certified an Environmental Impact Report (EIR) on January 12, 2022, for the ATC Development (SCH #2019110152) and made the requisite CEQA findings for the certification of the EIR. The EIR evaluated the environmental impacts of the project including the development and uses of the subject Excess Right-Of-Way, and as such, no additional CEQA review is required; and
WHEREAS, on October 28, 2021 and November 18, 2021, the Planning Commission conducted a duly-noticed public hearing on the ATC Development and reviewed the vacation for conformity with the General Plan in accordance with Government Code Section 65402; and WHEREAS, on January 12, 2022, the City Council heard an appeal of the Planning Commission’s decision on the ATC Development and reviewed the vacation for conformity with the General Plan in accordance with Government Code Section 65402. The City Council found the vacation of the subject Excess Right-of-Way to be in conformance with the City’s General Plan; and WHEREAS, the City Council’s approval of the Coastal Development Permit for the ATC Development including the Sloat Avenue Right-of-Way vacation was appealed to the California Coastal Commission on January 27, 2022; and
WHEREAS, Division 9, Part 3, Chapter 3 of the Streets and Highways Code of the State of California, allows the City Council to adopt a resolution vacating excess street right-of-ways that are no longer required for street purposes, excepting and reserving rights for existing and proposed public utility facilities; and
WHEREAS, the Excess Right-of-Way described in both legal and map form in Exhibits A and B, is no longer needed for street purposes should the ATC Development receive all necessary Planning entitlements, including final approval of a Coastal Development Permit, as well as and Building Permits as well asand approvals for any associated relocation or rerouting of existing public and private utilities; and
WHEREAS, the City Council has duly considered the staff report and public comments, if any, and desires to conditionally authorize the vacation of the Excess Right-of-Way.
NOW THEREFORE, BE IT FOUND, DETERMINED, AND RESOLVED BY THE CITY
COUNCIL OF THE CITY OF PACIFIC GROVE, MONTEREY COUNTY, CALIFORNIA, AS FOLLOWS:
SECTION 1. The Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.
SECTION 2. The City Council hereby elects to proceed under and pursuant to the provision of Division 9, Part 3, Chapter 3 of the Streets and Highways Code of the State of California, and in particular, Section 8324 thereof, and hereby orders the vacation of the Excess Right-of-Way described in Exhibit A, and shown on the plot labeled Exhibit B, attached hereto.
SECTION 3. This resolution shall take effect only upon, and the vacation of the Excess Right-of-Way is conditioned upon and shall not be effective until, the occurrence of all of the following:
a. The American Tin Cannery Hotel and Commercial Project has obtained all final planning and building entitlements including final approval of a Coastal Development Permit;
b. Developer of the ATC Development has submitted a plan or plans for utility relocation and maintenance (including the temporary protection or provision for utility connection to adjacent properties throughout the course of construction) of existing public and private utilities, including but not limited to fiber optics owned by the Monterey Bay Aquarium Foundation, which is approved by the City and the appropriate utility; and
c. The City and Developer have entered into a legally binding Disposition and Development Agreement for the conveyance of the City’s interest in the land underlying the existing easement. If the City and Developer do not enter into such Disposition and Development Agreement this Resolution will be null and void; and
d. The City has to its reasonable satisfaction determined that the existing rights of the property owners on the south side of the Excess Right-of-Way, including the right to access, use, and develop their parcels now and in the future, consistent with state and local law, have been maintained or an alternative arrangement has been made consistent with the terms of the Disposition and Development Agreement; and
e. Pursuant to that Disposition and Development Agreement the City’s interest in the land underlying the Excess Right-of-Way has been conveyed from the City to the Developer; and
f. This resolution has been recorded by the City Clerk with the Monterey County Recorder following the Close of Escrow, as that term is defined in the Disposition and Development Agreement, and the City’s interest in the underlying property has been quit claimed from the City to the Developer.
SECTION 4. That from and after the date this resolution is recorded, the Excess Right-ofWay is vacated and no longer constitutes a public right-of-way.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Resolution.
PASSED, APPROVED, AND ADOPTED this 18th day of May, 2022.
AYES:
NOES:
ABSENT:
APPROVED:
________________________________
Bill Peake, Mayor
ATTEST:
________________________________
Sandra Kandell, City Clerk
APPROVED AS TO FORM:
________________________________
David C. Laredo, City Attorney
Exhibit A
Sloats Legal Page | 1
EXHIBIT “A”
SLOATS AVENUE
LEGAL DESCRIPTION
Certain real property situate in the City of Pacific Grove, County of Monterey, State of California, described as follows:
Being a portion of that certain street shown as Sloats Avenue on that certain map filed on August 17, 1909 as Volume 2 Cities and Towns at Page 21 of said County, more particularly described as follows:
Being all that right of way of Sloats Avenue lying between Eardley Avenue and Dewey Avenue.
Containing an area of 0.61 acres, more or less.
Attached hereto is a plat to accompany legal description, and by this reference made a part hereof
END OF DESCRIPTION
PREPARED BY:
WHITSON ENGINEERS
______________________________________________
RICHARD P. WEBER P.L.S.
L.S. NO. 8002
Job No.: 3400.00
Exhibit B
&LYLO(QJLQHHULQJ
/DQG6XUYH\LQJ
+DUULV&RXUW
0RQWHUH\&$
ZKLWVRQHQJLQHHUVFRP
(;+,%,7B
6/2$7$9(18($5($352326('72%(9$&$7('
3$&,),&*529(&$/,)251,$
/($6( /($6( /($6( /($6( 352326(')259$&$7,21
RESOLUTION NO. 22-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE
APPROVING APPLICATION FOR PER CAPITA GRANT FUNDS
FINDINGS
1. The State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing application; and
2. Said procedures established by the State Department of Parks and Recreation require the grantee’s Governing Body to certify by resolution the approval of project application before submission of said applications to the State; and
3. The grantee will enter into a contract with the State of California to complete project;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF PACIFIC GROVE DOES RESOLVE AS FOLLOWS:
1. Approves the filing of project application for Per Capita program grant project; and
2. Certifies that said grantee has or will have available, prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete the project; and
3. Certifies that the grantee has or will have sufficient funds to operate and maintain the project, and
4. Certifies that all projects proposed will be consistent with the park and recreation element of the City of Pacific Grove’s general or recreation plan (PRC §80063(a)), and
5. Certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)), and
6. Certifies that it will comply with the provisions of §1771.5 of the State Labor Code, and
7. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the “Presidential Memorandum--Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters,” dated January 12, 2017, the City of Pacific Grove will consider a range of actions that include, but are not limited to, the following:
(A) Conducting active outreach to diverse populations, particularly minority, low-income, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities. (B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas.
(C) Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations.
(D) Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities.
(E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations.
(F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity-serving and youthserving organizations, urban areas, and programs. (G) Identifying possible staff liaisons to diverse populations.
8. Agrees that to the extent practicable, the project(s) will provide workforce education and training, contractor and job opportunities for disadvantaged communities (PRC §80001(b)(5)).
9. Certifies that the grantee shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on an ongoing basis, shall not be considered when calculating a recipient’s annual expenditures. (PRC §80062(d)).
10. Certifies that the grantee has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide; and
11. Delegates the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s); and
Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this ______ day of ____________ 2022, by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
_________________________________
BILL PEAKE, Mayor
ATTEST:
______________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_______________________________
DAVID C. LAREDO, City Attorney