Pacific Grove City Council
August 17, 2022

9950262.1 PA028-009 15

16.5 POST Certificate Pay
Bargaining unit members are eligible to receive POST Certificate pay equal to 5% of their base pay for the attainment of the qualifications after completion of their probationary period as defined in the following paragraphs:
(a) Intermediate P.O.S.T (2.5%)
(b) Advance P.O.S.T (3%)
(c) Final Qualifying Event for P.O.S.T. shall be the date of issue of the P.O.S.T. certificate.

16.6 Shift Differential
Members regularly assigned to a shift that works between the hours of 1900 hours (7:00 p.m.) and 0700 hours (7:00 a.m.) shall receive shift differential premium pay equal to 2.5% of the employee’s base rate of pay. Members who are assigned to cover the full shift that works between the hours of 1900 hours (7:00 p.m.) and 0700 hours (7:00 a.m.) shall also receive shift differential premium pay equal to 2.5% of the employee’s base rate of pay for all hours worked during the shift and for hold-over hours directly worked at the request of the Department immediately before or after the regular 7pm to 7am shift. Members who work a partial shift or otherwise work between 7:00PM and 7:00AM are not eligible for shift differential.

16.7 Tuition Reimbursement Plan
The purpose of the Tuition Reimbursement Plan is to help defray the cost of the Association Members college education. All such courses shall be taken by the employee during off-duty hours. The Plan is available to those who are enrolled in a college or university that has been approved by the Chief of Police or City Manager and who are seeking a degree not yet obtained.

Employees must have successfully completed their probationary period to be eligible for this benefit.
(a) The City will reimburse any member of the Association an amount not to exceed a total of $1,500 for a single fiscal year for the successful completion of any job related courses of college level education following compliance with this section. (b) Any such course must have the prior approval of the Police Chief or the City Manager. (c) After the completion of probation, a member may request reimbursement of up to a maximum of $4,500, which includes $1,500 for the current year, and the balance above $1,500 as an advance against future service under the preceding conditions. This constitutes an advance in part, and the part that is advanced must be repaid should the member leave City service prior to serving the requisite time of one year for each $1,500 so advanced, or pro-rata for fractions thereof.
(d) Reimbursement will be made for books and tuition upon presentation of proof of successful completion of approved courses.

The Tuition Reimbursement Plan may also be used to attend approved schools or conferences taken by the employee during off-duty hours.

16.8 P.O.S.T. Reimbursement Plan
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9950262.1 PA028-009 16
(a) The City will reimburse any member of the Association an amount not to exceed a total of $1,500 for a single fiscal year for the successful completion of a P.O.S.T. certified course or non-P.O.S.T. course that has been approved by the Chief of Police or City Manager.
(b) Successful completion of a P.O.S.T. certified course shall include receiving the appropriate reimbursement from P.O.S.T. Travel outside the Monterey, San Benito or Santa Cruz Counties shall receive a travel and per diem allowance when such allowance has been approved in advance by the Police Chief or City Manager. (c) Payment of the travel and per diem allowance shall count toward the maximum tuition reimbursement of $1,500 per fiscal year.

16.9 Physical Fitness Evaluation and Incentive Program
Members will participate in the City’s fitness program offered to general employees. A maximum of $1,323.00 may be awarded every fiscal year.

Fitness Level Score Compensation
Excellent 100-80 $1,323.00
Fit 60 – 80 $882.00
Fair 40- 60 $441.00
Needs Work 0 – 40 $0

16.10 Bilingual Pay
Effective the pay period that includes January 1, 2023, the City will add bilingual pay for Spanish at $200 per month for employees who take and pass the test as required by the City.

ARTICLE 17. OTHER

17.1 Personnel Rules and Regulations
The Association agrees that it has received a copy of the rules and regulations and has met its obligation under law regarding this document.

17.2 Assigned Training- Off Site
(a) Time spent in assigned training is compensable hours worked. (b) Time spent traveling to assigned training is compensable hours worked if the travel occurs during the employee’s normal working hours, regardless of the day of the week. (c) An employee must receive prior authorization from the Chief or designee to receive overtime compensation for time spent in assigned training or travelling to or from assigned training.

17.3 Travel Per Diem will be provided in accordance with the City travel policies. Travel reimbursement for POST training shall conform to POST rules.

17.4 Authorization for Checking Messages Off Duty
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With the exception of on call members, members of the association who are issued telephones are not required to check their telephones while off duty and therefore are not authorized to work overtime to check their telephones.

17.5 Assigned Training – On-Site
Employees who are called in for training on an employee’s regular day off shall be paid a four– hour minimum. This four-hour minimum does not apply to an employee who has voluntarily elected to work on their day off or for employees where the training runs contiguous to their shift. Training is not contiguous to a shift if it starts or ends more than 60 minutes from the start or end of the shift the employee is working.

ARTICLE 18. FUTURE NEGOTIATIONS
The parties hereto acknowledge and agree that they have reached settlement regarding all total compensation and non-compensation items, and that said issues are settled through the period expiring June 30, 2024, provided that either party may request to meet and confer upon written notice given to the other party.

The parties therefore agree to waive any and all rights or obligations to meet and confer until a reasonable period prior to June 30, 2024.

CITY OF PACIFIC GROVE PACIFIC GROVE POLICE OFFICERS’
ASSOCIATION.

By: By:

Bill Peake, Mayor Wiley Griffin, POA President
____________________________ _____________________________ Benjamin Harvey, City Manager Eric Azarvand, Labor Relations Consultant Mastagni Holstedt
Date: Date:

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9950262.1 PA028-009 18
Exhibit A
Item Quantity Description
1 1 Ballistic vest-with outer carrier
2 1 Department issued service weapon with holster
3 2 Spare magazines for department issues weapon
4 1 Double magazine pouch
5 1 Duty belt
6 1 Under belt
7 1 Baton-36” with holder
8 1 Handcuff case (double)
9 2 Pair of handcuffs with keys
10 1 Glove case
11 1 Chemical spray 4” with holder
12 1 Rain jacket and rain pants
13 1 Police badge for uniform
14 1 Flat police badge for wallet
15 1 Police hat badge for Class A uniform
16 1 Ballistic helmet with shield
17 1 Gas mask with bag
18 1 Asp baton 26” with holder
19 1 Flashlight
20 1 Body worn camera
21 1 Taser with holster and two cartridges
22 1 Traffic reflective vest
23 1 Cellular phone
24 1 Portable radio and holder
25 1 Department issued rifle
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Agenda No. 11 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Sandra Kandell, City Clerk
MEETING DATE: August 17, 2022
SUBJECT: Amend the City of Pacific Grove's Conflict of Interest Code Action required by October 3, 2022.

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

RECOMMENDATION
Introduce and hold first reading of an ordinance to amend Pacific Grove Municipal Code (PGMC) Chapter 2.40, Conflict of Interest, to account for the addition, deletion, and modification of positions listed as “designated employees”; determine that, for the purposes of the City of Pacific Grove’s (City) Conflict Code, the City is the “agency;” approve the updated Conflict Code; and direct that a summary of a proposed ordinance be published as approved by the City Attorney.

DISCUSSION
The Political Reform Act of 1974 (Act) requires, among other things, that local governments adopt and maintain a Conflict of Interest Code, Gov. Code §87300. Agencies must designate all positions that make or participate in the making of governmental decisions, and assign specific disclosure categories to each position. The Fair Political Practices Commission (FPPC or Commission), created under the Act, assists state and local agencies in developing and enforcing conflict-of-interest codes.

On December 20, 2006, by Resolution No. 06-032, the City Council adopted a Conflict of Interest Code.

The Act requires every agency that has adopted a Conflict Code to review its Code on at least a biennial basis (to be conducted each even numbered year) to ensure the Code reflects the organization’s current staffing, and submit an amended Code, if necessary. Id.,§ 87306.5. The Conflict Code was last amended in 2020. A review of the City’s Conflicts Code revealed revisions are required due to the addition of positions not previously listed, and the deletion of positions that have been eliminated. The exhibits attached to the proposed Ordinance included with this report reflect these changes.

OPTIONS
N/A
FINANCIAL IMPACT:

There is no fiscal impact for this amendment.

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GOAL ALIGNMENT: Transparency, Accountability and Communication: Implement programs, processes, revisions, and training to improve and advance the City's efforts.

Attachments
Draft Ordinance
Notice
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1 ORDINANCE NO. 22-XXX

AN ORDINANCE OF THE CITY OF PACIFIC GROVE
TO AMEND AND CODIFY THE CITY’S CONFLICT-OF-INTEREST CODE WHEREAS, the City Council of the City of Pacific Grove (City) desires that elected and appointed officials be prohibited from making, participating in the making, or attempting to use their official positions to influence a governmental decision in which they know or have reason to know they have a financial interest; and WHEREAS, the Political Reform Act (Act), set forth at Government Code section 81000 et seq, requires state and local government agencies to adopt and promulgate a Conflict of Interest Code (Conflict Code); and WHEREAS, on December 20, 2006, the City Council adopted a Conflict Code; and
WHEREAS, the Act directs every local agency that has adopted a Conflict Code to review its Code on at least a biennial basis (to be conducted each even numbered year) to ensure the Code reflects the organization’s current staffing, and submit an amended Code, if necessary; and
WHEREAS, the Council last amended the Conflict Code on September 2, 2020, by Ordinance No. 20-020; and
WHEREAS, upon biennial review by the City Attorney’s office, it was determined that an amendment to the Conflict Code was required to reflect personnel changes that resulted in the creation of positions, and WHEREAS, this Ordinance will supersede Ordinance No. 20-020, and will codify the current conflict-of-interest requirements, providing means to further promote disclosure of conflicts and set forth disqualification procedures.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE DOES ORDAIN AS FOLLOWS:

SECTION 1. The foregoing recitals are adopted as findings of the City Council as though set forth fully herein.

SECTION 2. The text set forth in existing Section 2.40.030 of the Pacific Grove Municipal Code, entitled “Disclosure Categories,” shall be changed by the deletion of all text shown in strikeout text (strikeout text) and the addition of all text shown in bold, italic, underscored text (bold, italic, underscored text), as follows:

2.40.030 Disclosure Categories
Designated officials are assigned to specific categories of financial disclosure.

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2 (a) Designated Positions and Disclosure Categories.
(1) Category 1.
(A) Mayor;
(B) Councilmembers;
(C) City manager;
(D) City attorney;
(E) City clerk;
(F) City clerk/DEI coordinator;
(GF) Assistant city attorney;
(HG) Administrative services director
(I) Administrative services director / Assistant city manager; (JH) Public works director;
(K) Public works director / Deputy city manager;
(LI) Police chief;
(J) Community and economic development director;
(MK) Library director;
(NL) Community development director;
(OM) Human resources director;
(PN) Members of the planning commission;
(QO) Members of the architectural review board;
(RP) Members of the historic resources commission;
(SQ) Members of the economic development commission;
(TR) Consultant/new position.

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3 (2) Category 2.
(A) Administrative services manager;
(B) Program manager;
(C) Program manager, senior;
(D) Police commander;
(E) Environmental programs manager;
(F) Public works superintendent;
(G) Planner, senior;
(H) Police administrative services manager;
(I) Police administrative services manager/Public information officer (JI) Police records supervisor;
(KJ) Human resources manager;
(LK) Management analyst;
(ML) Code compliance officer;
(NM)Senior librarian;
(ON) Construction project manager;
(PO) Members of the recreation board.
(b) Disclosure Categories.
(1) Category 1 must report all interests in real property investments, business positions and sources of income, including gifts, loans, and travel payments from any source located in, doing business in, or planning to do business within the jurisdiction of the city; and
(2) Category 2 must report all investments, business positions and sources of income, including gifts, loans, and travel payments from any source located in, doing business in, or planning to do business within the jurisdiction of the city. (c) All other city employees and members of commissions, boards, committees or cityappointees to other local agency bodies with significant decision-making authority, even PGCC 8-17-22

4 if not listed in subsection (a) of this section, are also subject to disclosure requirements as their interests, holdings or sources of income relate to any decision that official makes.

Each employee and member of commissions, boards, or committees must adhere to ethical principles at the time that a decision is made. [Ord. 20-020 § 2, 2020].

SECTION 3. Nos. 08-028, 13-010, 16-013, 18-011, 20-020, and all other actions in conflict with this Ordinance are hereby rescinded.

SECTION 4. If any provision, section, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.

SECTION 5. This Ordinance shall become effective on the thirtieth day following passage and adoption hereof.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE THIS 7
th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:
____________________________
BILL PEAKE, Mayor
ATTEST:

DATED:_________________________
_________________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_________________________________
BRIAN A. PIERIK, City Attorney
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Agenda No. 13 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Anastacia Wyatt, Community Development Director
MEETING DATE: August 17, 2022
SUBJECT: Focused General Plan Update
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION

1. Receive a report on actions to prepare a focused General Plan update;

2. Direct City staff to initiate a focused General Plan update to the Land Use, Safety, and Transportation Elements of the City's General Plan to meet the minimum requirements triggered by the 2023-2031 Housing Element Update; and

3. Authorize staff to issue a Request for Proposals for professional services to prepare a focused General Plan update, Zoning Code and Map(s) update, objective design and development standards, and associated environmental review and document preparation.

DISCUSSION
The following provides an overview of housing- and land use-related work efforts either in progress or proposed in response to the Regional Housing Needs Allocation (RHNA) requirements.

Housing Element Update - 6th Cycle (2023-2031)
The Housing Element Update is in progress, and needs to be adopted by the City Council and submitted to State of California Housing & Community Development agency (HCD) by December 2023 along with the associated environmental review document. Jurisdictions that fail to adopt and have a certified Housing Element may face penalties, including loss of permitting authority, financial penalties, court receivership, legal suits and attorney fees, and streamlined ministerial approval process. Major components of the Housing Element include community outreach, identification of future housing sites, identifying necessary rezoning to accommodate housing, and completing an Initial Study/Mitigated Negative Declaration (IS/MND) or a higher level of environmental review if necessary. On April 15, 2022, City staff issued a Request for Proposals for Professional Services to conduct environmental review for the 6th Cycle Housing Element. The consultant will determine whether an IS/MND or Environmental Impact Report (EIR) will be required for the Housing Element update. City staff will bring the proposed consultant contract before the City Council in September 2022.

Updates to the Housing Element occur every 8 years and do not typically trigger amendments to the General Plan. However, the large RHNA numbers for this update cycle will trigger the requirement for major amendments to the General Plan, specifically to the Land Use, Safety, and Transportation Elements. There will also be associated amendments to the zoning code and map(s). Environmental PGCC 8-17-22

review for the focused General Plan update will likely be in the form of an EIR. The process to update the Housing Element and the other elements of the General Plan may occur consecutively or concurrently; however, the City needs to initiate the process to update the General Plan in response to the RHNA requirements and associated Housing Element update. This process will require the commitment of funding and planning staff to monitor the consultant contract(s), manage community outreach and review draft updates in coordination with the consultant, and prepare reports for consideration by the City. On May 19, 2022, in support of this process and effort, the Planning Commission recommended the initiation of a focused General Plan update.

General Plan Update
The focused General Plan update would include a robust public engagement program to engage all sectors of the City’s population in this planning effort and that identifies the community values and translates those values into a community vision out to the year 2045. The General Plan update would also address what land use opportunities should be explored based on requests received from property owners, compatibility, and strategic locations that will promote revenue development and enhancement. The update would also address how current and future technological breakthroughs, such as telecommuting, video conferencing, driverless cars, same-day retail delivery, etc. might affect the livability of the Pacific Grove community and how infrastructure, parking lots, and community access might be affected. Due to the nature of Pacific Grove’s historic development pattern, there are limitations in circulation and connectivity. In addition, the update will need to address all State directives including legislation adopted pertaining to General Plans since 1994, including but not limited to Climate Change and Environmental Justice.

Rezoning and Ballot Items on Voter Restrictions
Decisions that will come before the City will include proposed changes to zoning district standards and boundaries and potential affordable housing overlays. Depending on the certification of the Housing Element by HCD, the City will be required to rezone either within one-year or three years. Due to the fact that Pacific Grove is largely built out, adding more housing is prohibitive without increasing land use density, especially within existing residential districts. An option to address this is to allow housing in zoning districts where it is currently prohibited; in particular the “U” unclassified and “O” open space districts. To allow housing in these districts, a voter initiative would be required. Should the City wish to pursue this option, it would be ideal to time the ballot initiative during the timeframe that the Housing Element update is taking place, allowing for relevant sites to be included within the Housing Element inventory.

Objective Design and Development Standards (ODDS)
ODDS will assist the City to support the goal of increasing housing development and provide a streamlined review process for qualifying developments consistent with state law requiring ministerial review of such projects. Currently, the City uses both subjective and objective standards to review and approve (or deny) residential development. This can create an obstacle to new housing development as review processes may be lengthy and people involved interpret and apply standards differently. This also makes it challenging for applicants considering potential development to accurately evaluate development feasibility and design proposals to meet expectations.

Ordinance Updates
Other considerations would be an ordinance to preclude multifamily residential conversions to single-family, and an SB9 Implementing Ordinance, and an update to the Density Bonus Ordinance.

Local Coastal Program (LCP) Amendment
The scope of the proposed updates to General Plan elements may also trigger the requirement to amend the LCP.

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OPTIONS
The City Council may determine that the recommended elements of the General Plan not be updated, choose only the Land Use and Safety Elements to be updated, or provide staff with alternative direction.

FINANCIAL IMPACT:

The cost for a focused update to the City's General Plan Elements, including zoning code and map(s), objective design and development standards, and associated environmental review and document preparation will be significant and require the identification and allocation of funds. If the City is to move forward, additional planning staff and funding will be necessary for the update and outreach efforts.

The Fiscal Year 2022-2023 Adopted Budget allocated $100,000 in funding for the focused update to the General Plan Elements. Additional funding will be necessary in subsequent years dependent on costs identified if City Council elects to move forward with an RFP.

GOAL ALIGNMENT: Transparency, Accountability and Communication: Implement programs, processes, revisions, and training to improve and advance the City's efforts.

Attachments
Request for Proposal
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CITY OF PACIFIC GROVE / REQUEST FOR PROPOSALS / FOCUSED GENERAL PLAN UPDATE PAGE 1

REQUEST FOR PROPOSAL (RFP) FOR

PROFESSIONAL SERVICES
to

PREPARE A FOCUSED GENERAL PLAN

UPDATE, ZONING CODE & MAP(S)

UPDATE, OBJECTIVE DESIGN &

DEVELOPMENT STANDARDS (ODDS), AND

CONDUCT ASSOCIATED ENVIRONMENTAL

REVIEW & CEQA DOCUMENT

PREPARATION
for the

CITY OF PACIFIC GROVE
RFP Issued Month, Day, 2022
Pre-Bid Conference Call & Question Submittal Day, Month numerical date at time Posting of Answers from Pre-Bid Conference Day, Month numerical date at time Final Submittal Month, day at time
Consultant Interviews (if needed) Month, day, time TBD
City Council Authorization of Contract Month, Year
Contract Execution/Kick-Off Meeting Month, Day, Year
CONTACT: Anastacia Wyatt, Community Development Director [email protected]
(831) 648-3182
PROPOSALS: Please see Section IV for the proposal submission and format requirements.

Proposals can be submitted via mail to:

Anastacia Wyatt
Community Development Director
City of Pacific Grove
300 Forest Ave., Pacific Grove, CA 93950
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CITY OF PACIFIC GROVE / REQUEST FOR PROPOSALS / FOCUSED GENERAL PLAN UPDATE PAGE 2
I. OVERVIEW
The City of Pacific Grove invites proposals from qualified firms to prepare a focused update to the City’s 1994 General Plan, including the Land Use, Safety, and Transportation Elements, accompanying zoning ordinance and maps, objective design and development standards, and related environmental review in conformance with the California Environmental Quality Act (CEQA) necessary for approval of the General Plan. The Proposer’s team for this project should be multi-disciplinary and shall include expertise in all appropriate areas of General Plan and zoning ordinance development as outlined in the State of California 2017 General Plan Guidelines.

The City is undergoing a Housing Element Update with the required CEQA review to submit the Housing Element by December 2023 for the City’s 6th Cycle Housing Element Update. Based on the Housing Element update and required zoning changes, modifications to accommodate the City’s anticipated Regional Housing Needs Allocation (RHNA) would be included in this focused update. The environmental review will generally analyze the broad environmental effects of implementing the changes in the Focused General Plan Update, related amendments to other General Plan elements, and updates to implementing tools such as the Zoning Ordinance, ODDS, and Subdivision Ordinance.

II. INTRODUCTION
Located in Monterey County, on the Monterey Peninsula, the City is surrounded on the north and west by Monterey Bay and the Pacific Ocean, respectively, unincorporated Pebble Beach to the south, the Army Presidio of Monterey (POM) to the southeast, and the City of Monterey to the east. Since its founding in 1875 as a Methodist “Chautauqua” or Retreat, Pacific Grove’s “landlocked” setting has influenced its development patterns and significantly affects its potential for new housing and employment today. The City encompasses approximately 3 square miles - much of it developed with mostly singlefamily residential homes, some multi-family development and 3 main commercial areas.

Pacific Grove is regarded within the region as a desirable residential community and is currently comprised of historical buildings and architect-designed, well-maintained single-family, detached residences sited along tree-lined streets, most of which were constructed prior to 1960. The City’s proximity to employment centers, coupled with its excellent schools, low crime rate, historic architecture, scenic coastline, and beautiful parks contribute to this image.

The City is almost entirely built-out. Approximately 45 percent of the land is developed with housing of all types and approximately 6.5 percent consists of schools and public facilities. Approximately 5 percent of the City is developed with commercial/light industrial uses and the remaining approximately 44 percent is public parks, beaches, open space, churches, public rights-of-way and miscellaneous uses. The largest employers are the Pacific Grove Unified School District, the City, and the California State Parks (Asilomar State Park and Conference Grounds).

A key issue in planning for and facilitating the level of growth called for in Pacific Grove’s allocation based on the draft RHNA methodology is the continuing moratorium on new water connections for communities served by Cal-Am, including Pacific Grove. Water limitations PGCC 8-17-22

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will need to be considered in the required analysis of constraints on development, with proposed actions for reducing or eliminating the constraints identified. This will be an important discussion in the focused update through the review process. However, the current moratorium will not be eliminated or directly addressed through the focused general plan update.

There are separate processes underway to develop viable strategies for addressing the Peninsula’s water issues. Until those strategies are agreed upon and implemented, the City’s General Plan will need to proceed with planning for and implementing zoning and development regulation changes necessary to accommodate changes to state law since 1994, as well as Pacific Grove’s final RHNA of 1,125 units.

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III. SCOPE OF SERVICES
The City is seeking a qualified firm (“Consultant”) that has extensive experience in preparing General Plans, a proven ability to assess a City’s current conditions, and knowledge of current State and federal regulations as it applies to the completion of General Plan updates and CEQA compliance. The precise scope of services in the Professional Services Agreement will be negotiated between the City and the successful proposing consultant. Rather than present in this RFP an all-inclusive scope of services for the consultant to perform, interested firms should develop their own specific scope of work, deliverables and schedule based on the information found in this request, and following the most up-to date industry practices. It is anticipated that this update will result in changes to the City’s Land Use Map, Zoning Map and Municipal Code. In addition, the Consultant must be familiar with innovative public participation techniques to maximize public input within the decision-making process. The Consultant should be knowledgeable and competent in the environmental analysis and CEQA compliance documents.

Please note that the format and number of documents listed as deliverables in your proposal may need to be modified pursuant to Executive Order N-80-20, signed on September 23, 2020, or any other Executive Order pertaining to certain requirements for filing, noticing, and posting of CEQA documents.

At a minimum, the scope of services will include completion of the CEQA compliance process and required documentation and noticing for the project, pursuant to §16053 of State CEQA Guidelines, which includes preparation of all required notices and environmental impact assessments, any necessary consultations with resource agencies, and identification of applicable permits and approvals required, if any, in concert with the preparation of updated Elements as required by the most recent Office of Planning and Research (OPR) General Plan Guidelines. The selected consultant will also be expected to attend at all CEQA and General Plan Update related meetings, including community PGCC 8-17-22

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meetings and meetings of the Planning Commission and the City Council.

Preparation of the Focused General Plan Update
The focused General Plan update must include a robust public engagement program that engages all sectors of the City’s population in this planning effort; a program that identifies the community values and translates those values into a community vision out to the year 2045. Include in the budget proposal how many meetings would be anticipated for public engagement and staffed by the Consultant engagement team. The General Plan update must also identify how the community’s vision and values will be implemented through the General Plan update document.

A General Plan Technical Advisory Group (GPTAG) is expected to be formed and utilized as the common thread throughout the update process.

The General Plan update must address what land use opportunities should be explored based on requests received from property owners, compatibility, and strategic locations that will promote revenue development and enhancement. The update should also address how current and future technological breakthroughs, such as telecommuting, video conferencing, driverless cars, sameday retail delivery, etc. might affect the livability of the Pacific Grove community and how infrastructure, parking lots, and community access might be affected. Due to the nature of Pacific Grove’s historic development pattern, there are limitations in circulation and connectivity. In addition, the update will need to address all State directives including legislation adopted pertaining to General Plans since 1994, including but not limited to Climate Change and Environmental Justice.

Environmental Analysis
The Consultant shall be responsible for all CEQA work on the General Plan Update. Any resulting mitigation measures shall be accompanied by a mitigation monitoring program prepared by the Consultant. The Consultant shall prepare a comprehensive Environmental Impact Report (EIR) for the work contemplated in the RFP in accordance with the latest procedural and substantive requirements of CEQA. Timing for the preparation of the focused General Plan update and the EIR shall be overlapping so that the information collection can be used for both documents. This will ensure the preparation of both documents will be parallel and consistent.

The Consultant shall be responsible for any and all procedural steps, including (but not limited to), the preparation of public notices, AB 52 & SB 18 Consultation, Notifications, Resolutions, Ordinances, Notice of Preparation, Notice of Completion, Notice of Determination, Filing Notices with County Offices, Filing Notices with the State Clearinghouse, providing notices to local and state agencies as needed, Statement of Overriding Considerations (if necessary), Facts and Findings and Responses to Comments. The Consultant shall also be responsible for scheduling and conducting a scoping meeting(s). The scoping meeting shall include either meeting individually with or soliciting comments from all responsible affected and trustee agencies in order to identify and discuss issues, actions, alternatives, potential and significant environmental effects and potential mitigation measures.

The Consultant will prepare technical support reports or appendices as required. This may include, but may not be limited to, traffic modeling, geotechnical, biological, air quality, noise, GHG emission reductions, and archeological reports. The City shall review and approve all documents prior to distribution by the Consultant. Policy and implementation programs shall be assessed for their impacts and mitigation measures shall be identified. The EIR shall reference pertinent analysis of the General Plan sufficient to allow for enactment of future development in the City.

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Cumulative and growth inducing impacts shall also be included in specific sections of the document; the EIR shall consider full “build-out” of the General Plan. A technical appendix clearly identifying all supporting documents shall be part of the EIR.

A Mitigation Measures and Monitoring Program shall be prepared pursuant to CEQA. This document shall be a separately bound document from the EIR. The Consultant shall develop recommended implementation measures appropriate for each element and also identify the appropriate party responsible for implementation, monitoring, capital costs and confirmation of implementation. Recommendations shall be developed for a mitigation monitoring system designed to ensure accomplishment of the General Plan goals.

Project Coordination Meetings and Project Management.

The Consultant shall provide effective project management throughout the entire update, including the environmental review and implementation processes, to ensure that a quality document is prepared on time and within the budget.

The Consultant shall be responsible for the following focused General Plan update management:
 Preparation and maintenance of a master project schedule based on anticipated project milestone schedules, and integrate all reviews, approvals or other actions required for the reviewing bodies and any other entities.
 Assistance with and/or presentation of all documents to the approval bodies, including the General Plan Technical Advisory Group (GPTAG), Planning Commission, the City Council, and the public through a series of meetings and hearings. The schedule for each phase of the General Plan update should also include intervals or key points when the GPTAG will be convened as well as when the Planning Commission and City Council will review work products.  Assist in the organization and scheduling of, attend, and keep minutes and/or notes of all project-related meetings.
 Management and supervision of Consultant team; Consultant will review and make changes to any staff reports/ordinances/resolutions during the duration of the General Plan process.  Delivery of all work products for public review in both paper and electronic formats.  Provision and coordination with the City IT Department of a General Plan update dedicated website and resident social media campaign on City and other related community platforms.

Existing General Plan Audit
The City of Pacific Grove’s General Plan was last comprehensively updated in 1994.

Since that time, the State has adopted several laws that affect content and process for general plans. The consultant will be expected to review the City’s current General Plan in light of applicable State legislation and prepare a memorandum identifying updates needed to bring the General Plan into conformance with current State law. The consultant will ensure that the City’s General Plan follows all current laws.

The City’s General Plan may need to be updated to incorporate the following laws adopted since 1994 to include but not limited to the following:
- Climate Change and Greenhouse Gas (GHG) Emissions (AB 32, 2006) - Local Hazard Mitigation Plan Integration (GHG) Emissions (AB32, 2006) - Flood Control (AB 162, 2007; SB 5, 2007; AB 70, 2007; AB 156, 2007) - Sustainable Communities (SB 375, 2008; SB 575, 2009)
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- Complete Streets Act (AB 1358, 2008)
- Fire Hazards (SB 1207, 2010; SB 1241, 2014)
- Disadvantaged Unincorporated Communities (SB 244, 2011; SB 1090, 2012) - Expedited Infill Development (SB 226, 2011)
- Transportation Impacts (SB 743, 2013)
- Property and Business Improvement Districts and Infrastructure Financing Districts (SB 1462, 2014)
- Sustainable Groundwater Management Act (AB 1739, 2014) - Tribal Cultural Resources (AB 52, 2014)
- Climate Change Adaptation (SB 379, 2015)
- 2030 GHG Emissions Target (SB 32, 2016)
- Planning for Healthy Communities Act (SB 1000, 2016)
- Hazard Mitigation Planning and Safety Element (AB 747, 2019; SB 99, 2019) - Climate Pollution Reduction in Low-Income Homes Initiative (SB 1035, 2018) - Active Transportation Requirements for Circulation Plans (if adopted – SB 932, 2022) Work Plan
The Consultant is to provide a detailed Project Schedule/Work Plan which includes a list of required key tasks, activities, durations and milestones to complete the focused General Plan update and CEQA documentation. Time frames should be stated in terms of the number of calendar days required to complete the specified tasks using the City’s Notice to Proceed as the start date. The schedule should identify time periods as the total elapsed time from the start date.

The schedule should track the independent timing for each of the major work components and the different documents to be developed, reviewed, and adopted. The schedule should include the public participation process, interviews, community workshops, and public hearings. City staff will discuss the Work Plan with the selected Consultant prior to execution of a contract for the project.

Deliverables
As part of the City of Pacific Grove’s commitment to a paperless organization, all deliverables to be used for internal staff distribution shall be submitted electronically in both Microsoft Word and PDF in a manner to be determined between the Consultant and City. Paper copies shall only be used when required for outside agencies or for the availability of the general public as required.

The electronic format should be easily viewed on a desktop or smartphone with no compatibility issues. The City desires an electronic version of the General Plan to be an active one for the user.

The user should be able to click on items in the table of contents, maps and other important information in the General Plan and be automatically directed to the page. The City desires the consultant to utilize a program compatible with City programs to format and present the General Plan. A separate PDF version of the General Plan will also be expected from the consultant.

1. Maps and graphics for all community and public hearing meetings.

2. Existing Conditions Report containing a summary of findings, data, assumptions, and a draft outline of the preliminary General Plan. The report should also contain preliminary policy and land use recommendations and implementation measures.

3. Based on the Existing Conditions Report, prepare a Strengths, Weaknesses, Opportunities, and Threats (S.W.O.T.) Analysis

4. Administrative Draft General Plan
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5. Draft General Plan Update

6. Administrative Final General Plan Update

7. Final General Plan Update

8. Administrative Draft EIR

9. Draft EIR

10. Administrative Final EIR

11. Final EIR

12. Facts and Findings and Statement of Overriding Considerations (if applicable)

13. Mitigation and Monitoring Program

14. Zoning Code and Map Update

15. The Administrative Record in both hard copy and digital formats

16. GIS shapefiles (.shp) shall be provided to the City within 45 days of completion of the project.

The Budget shall reflect the integration of consultant’s .shp with the City’s system.

MEETING SCHEDULE AND COMMUNICATION
The Consultant will keep the City staff fully apprised of the status for the project by providing timely meetings and other forms of communication.
 Consultant will designate a Project Manager who will be the point-of-contact for the City. This individual will attend all meetings and be responsible for the overall coordination of activities and completion of the General Plan update. Communication with City staff is essential. It is anticipated that these meetings will be comprised of the Lead Consultant, and team members if appropriate, as well as City staff. These bi-monthly meetings will be held via Zoom or other comparable virtual meeting program.
 It is also anticipated that the use of conference calls will be necessary at various times throughout the process. The number of these meetings is indeterminate and are not in lieu of the bi-monthly meetings.
 A minimum of ten (10) Planning Commission meetings and five (5) City Council meetings should be included in the Proposed Budget. Please note that at the discretion of the City, joint meetings of the City Council and Planning Commission may be convened and shall constitute as one (1) meeting. Please list the cost for each individual Planning Commission and City Council meeting as a separate cost item and include these meetings in the Work Plan and Budget, with a distinction between live and virtual meetings as an option.  Prepare informative PowerPoint presentations for staff to reference at meetings where the Consultant is not present.

BUDGET PROPOSAL
Although an important aspect of consideration, the financial cost estimate will not be the sole justification for consideration. The City does expect a fair and reasonable project cost backed by itemization of how the costs per phase and task were developed. Negotiations may or may not be conducted with the firm; therefore, the proposal submitted should contain the firm’s most favorable terms and conditions since selection and award may be made without discussion with any firm. All prices should reflect “not to exceed” amounts per item. The City desires the Consultant to use available data sources and technical tools provided by local, regional and state government entities in order to minimize costs associated with new data collection efforts. Consultant shall list the available data sources that are proposed to be used.

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program. Each task should clearly identify the Consultant team member who will be primarily responsible for completing the task. Costs should be segregated into a time and materials rate schedule and a not-to-exceed maximum amount for all work. Indicate hourly rates of individuals involved, number of hours for each component, task or product, and the fee structure for additional work outside of the contract and optional items. Prices shall represent the cost of finished products and cost estimates shall identify expenditures for graphics, base maps, public meetings and hearing participation, printing, legal notices, postage, mailing, advertising, travel, and other incidental and administrative costs.

A separate price quote shall be provided for Environmental Review and CEQA compliance work.

NOTE: At the City’s discretion, City reserves the right to award separate contracts to differing consultants for the CEQA and the General Plan/Public Participation work. The Consultant’s budget should take this into consideration and state if there will be an impact on the work schedule or budget should the Consultant not be awarded a contract for both the General Plan Update and CEQA work. This statement should appear in the Consultant proposal cover letter.

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IV. PROPOSAL SUBMISSION REQUIREMENTS AND FORMAT
If interested in this RFP, please notify the Community Development Director, Anastacia Wyatt, by email at [email protected] so you may be added to the notification list for addenda. Failure to notify could result in missing important and required information and could result in disqualification.

Format
All submittals must follow the format described in this section. Respondents are encouraged to submit clear and concise responses to the RFP. The City reserves the right to include or exclude any part of the submittals in the final agreement with the selected consultant.

Proposals must be provided electronically (pdf format). PAPER SUBMISSIONS ARE NOT REQUIRED. Pages should be formatted to 8½” x 11” size with font no less than 12 point.

All pages shall be numbered. Drawings and tables provided with the submittal shall not exceed 11” x 17.”
To be considered for selection, submittals must arrive by the date and time specified in Section VI. Email or otherwise submit proposals to: [email protected] It is the sole responsibility of the Proposer to ensure timely delivery. Late proposals shall not be considered.

Content
The successful proposal will describe the approach, the process and costs to prepare and conduct the deliverables outlined in Section III Scope of Services. The content of your proposal should include the following in summary form:

Part 1: Cover Letter
Part 2: Project Approach, Scope of Work and Deliverables Part 3: Consultant Identification and Team
Part 4: Related Project Examples and References
Part 5: Fee Proposal and Billing Rate Sheet
Part 1 ǀ Cover Letter
In no more than three (3) pages, the Cover Letter shall include:

1. The names of the key members of the consultant team;

2. The mailing address, telephone number, email address and the name of the main point of contact for the consultant team;

3. A summary of the consultant’s experience and qualifications and the significant advantages to selecting the consultant; and

4. An acknowledgement of receiving any addendum(s) to the RFP document sent out by the City.

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Part 2 ǀ Project Approach, Scope of Work, Timeline and Deliverables Describe the strategy for achieving the goals and deliverables of the project. Include a detailed scope of work noting applicable deliverables as noted in this RFP. Outline the consultant's proposed approach to the services contemplated, including a general timeline demonstrating successful completion of the services.

Part 3 ǀ Consultant Identification and Team
Provide the name of the consultant, the consultant’s principal place of business, and the name and telephone number of the contact person. Clearly identify team members, their roles, qualifications and relevant experience. Include a resume of each key staff member identified. Any professional services required but not proposed by the qualified consultant firm shall be listed and reasons should be provided for not including them as part of the proposal.

Part 4 ǀ Related Project Examples and References
Provide recent (within the past 10 years) examples of relevant projects completed by the consultant that exhibit the team’s ability to successfully complete a range of services as listed above. Discuss whether the CEQA documentation was completed on time and within budget. Along with each example, please include descriptive information such as location of the project, date, scope and scale, contract amount, name of the team member(s) involved in the project and their roles, name of the client, and email address and telephone number of the client contact.

Part 5 ǀ Fee Proposal and Billing Rate Sheet
Provide an estimated cost to complete the project and itemized billing rate schedule that identifies hourly rates for each proposed staff members and expenses. Include any proposed cost-plus charges on sub-consultant work, if any.

V. SELECTION PROCESS
The City will evaluate proposals based on the following criteria:
 Clarity and conformance of proposal to RFP;
 Content of the proposal, including project approach;
 Consultant's experience and performance;
 Key Team members' experience and performance;
 Cost proposal; and
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 Comments from references.

The selected consultant will be asked to enter into a Consultant Services Agreement with the City of Pacific Grove and comply with the insurance requirements set forth therein.

The City’s Community Development Department will supervise the project and coordinate the work.

The Consultant will be selected based on demonstrated competence and professional qualifications. Negotiations shall begin with the most qualified consultant.

Should negotiations not result in a price the City considers to be fair and reasonable, negotiations shall be formally terminated and the City shall then undertake negotiations with the second most qualified consultant. If the negotiation with the second most qualified firm is not successful, negotiation shall be formally terminated and the City shall then undertake negotiations with the third most qualified consultant, etc. until the price is determined to be fair and reasonable by the City.

VI. TENTATIVE RFP SCHEDULE
The City reserves the right to add, remove or combine steps in the schedule, and/or compress or extend the schedule as the City, in its sole discretion, sees fit. The tentative schedule for the subject RFP process is as follows. In the event of a change of this schedule, the City will notify responders via email.

RFP Issued Month, Day, 2022
Pre-Bid Conference Call & Question Submittal Day, Month numerical date at time Posting of Answers from Pre-Bid Conference Day, Month numerical date at time Final Submittal Month, day at time
Consultant Interviews (if needed) Month, day, time TBD
City Council Authorization of Contract Month, Year
Contract Execution/Kick-Off Meeting Month, Day, Year
The schedule may be modified and/or extended upon the City’s discretion.

VII. PROPOSAL TERMS AND CONDITIONS

1. Examination of Proposal Materials
The submission of a proposal shall be deemed a representation and warranty by the proponent that it has investigated all aspects of the RFP, that it is aware of the applicable facts pertaining to the RFP process and its procedures and requirements, and that it has read and understands the RFP. No request for modification of the provisions of the proposal shall be considered after its submission on the grounds the proponent was not fully informed as to any fact or condition.

2. Addenda Interpretations
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uploaded to the City website. The City of Pacific Grove is not bound by any oral representations, clarifications or changes made in the RFP by the City or its agents, unless such clarification or change is provided in written addendum from the City of Pacific Grove.

3. Designated Contact
For the purposes of this RFP, the Director of the Community Development Dept. (CDD) is designated as the contact person. Any questions concerning the scope of work and the selection process shall be directed to Anastacia Wyatt at [email protected].

Any and all questions and responses concerning this RFP will only be accepted in writing, via email. All questions must be received by (date TBD), 2022 by 10 a.m.

Responses to questions will be posted on the City’s website, https://www.cityofpacificgrove.org/our_city/departments/community_development/ and will become part of the RFP. It is the consultant’s responsibility to check the website for updates.

4. Public Records
This RFP document and all submittals in response thereto are public records. Prospective consultants are cautioned not to include any material into the proposal that is strictly proprietary in nature.

5. Proposal Costs
All costs associated with the preparation of RFP submittals shall be borne by the respondent. This RFP does not constitute any form of offer to contract.

6. Reservation of Rights
The City reserves the right, for any reason, to accept or reject any one or more proposals; to negotiate the terms and specifications of the proposal; to modify any part of the RFP; or issue a new RFP.

7. Product Ownership
Any documents resulting from the contract will be the property of the City of Pacific Grove, CA.

8. Consultant Services Agreement
All Proposers must identify in their proposal any terms and conditions of the sample Consultant Services Agreement (Attachment 1) that they wish to negotiate. Insurance is required as outlined in Section 9 of the sample agreement. The City reserves the right to negotiate the terms and specifications of the Consultant Services Agreement and to vary from the sample Consultant Services Agreement attached.

9. Causes for Disqualification
Any of the following may be considered cause to disqualify a proponent without further consideration:
 Evidence of collusion among proponents;
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 Any attempt to improperly influence any member of the evaluation panel;  A proponent’s default in any operation of a professional services agreement which resulted in termination of that agreement; and/or
 Existence of any lawsuit, unresolved contractual claim, or dispute between proponent and the City.

ATTACHMENTS

1. Consultant Services Agreement Sample
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ATTACHMENT 1
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CITY OF PACIFIC GROVE AGREEMENT FOR PROFESSIONAL SERVICES (OVER $40,000)1
This Professional Services Agreement (“Agreement”) is made by and between the City of Pacific Grove, a political subdivision of the State of California (hereinafter “City”) and , (hereinafter “CONTRACTOR”).

In consideration of the mutual covenants and conditions set forth in this Agreement, the parties agree as follows:

1. SERVICES TO BE PROVIDED. The City hereby engages CONTRACTOR to perform, and CONTRACTOR hereby agrees to perform, the services described in Exhibit A in conformity with the terms of this Agreement. The services are generally described as follows:
.

2. PAYMENTS BY CITY. City shall pay the CONTRACTOR in accordance with the payment provisions set forth in Exhibit A, subject to the limitations set forth in this Agreement. The total amount payable by City to CONTRACTOR under this Agreement shall not exceed the sum of $ .1

3. TERM OF AGREEMENT. The term of this Agreement is from to unless sooner terminated pursuant to the terms of this Agreement. This Agreement is of no force or effect until signed by both CONTRACTOR and City and with City signing last, and CONTRACTOR may not commence work before City signs this Agreement.

4. ADDITIONAL PROVISIONS/EXHIBITS. The following attached exhibits are incorporated herein by reference and constitute a part of this Agreement:

Exhibit A: [scope of services/payment provisions, etc.]

5. PERFORMANCE STANDARDS.

5.01. CONTRACTOR warrants that CONTRACTOR and CONTRACTOR’s agents, employees, and subcontractors performing services under this Agreement are specially trained, experienced, competent, and appropriately licensed to perform the work and deliver the services required under this Agreement and are not employees of the City, or immediate family of an employee of the City.

5.02. CONTRACTOR, its agents, employees, and subcontractors shall perform all work in a safe and skillful manner and in compliance with all applicable laws and regulations. All work performed under this Agreement that is required by law to be performed or supervised by licensed personnel shall be performed in accordance with such licensing requirements.

5.03. CONTRACTOR shall furnish, at its own expense, all materials, equipment, and personnel necessary to carry out the terms of this Agreement, except as otherwise specified in this Agreement. CONTRACTOR shall not use City premises, property (including equipment, instruments, or supplies) or personnel for any purpose other than in the performance of its obligations under this Agreement.

6. PAYMENT CONDITIONS.
1 Approved by the Pacific Grove City Council on .

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6.01. CONTRACTOR shall submit to the Contract Administrator an invoice on a form acceptable to City.

If not otherwise specified, the CONTRACTOR may submit such invoice monthly or at the completion of each phase of the project, as provided on page 16 of the proposal, but in any event, not later than 30 days after completion of services. The invoice shall set forth the amounts claimed by CONTRACTOR for the previous period, together with an itemized basis for the amounts claimed, and such other information pertinent to the invoice as the City may require. The Contract Administrator or his or her designee shall certify the invoice, either in the requested amount or in such other amount as the City approves in conformity with this Agreement, and shall promptly submit such invoice to the City Auditor-Controller for payment. The City Auditor-Controller shall pay the amount certified within 30 days of receiving the certified invoice.

6.02. CONTRACTOR shall not receive reimbursement for travel.

7. TERMINATION.

7.01. During the term of this Agreement, the City may terminate the Agreement for any reason by giving written notice of termination to the CONTRACTOR at least thirty (30) days prior to the effective date of termination. Such notice shall set forth the effective date of termination. In the event of such termination, the amount payable under this Agreement shall be reduced in proportion to the services provided prior to the date of termination.

7.02. The City may cancel and terminate this Agreement for good cause effective immediately upon written notice to CONTRACTOR. “Good cause” includes the failure of CONTRACTOR to perform the required services at the time and in the manner provided under this Agreement. If City terminates this Agreement for good cause, the City may be relieved of the payment of any consideration to CONTRACTOR, and the City may proceed with the work in any manner which City deems proper. The cost to the City shall be deducted from any sum due the CONTRACTOR under this Agreement.

8. INDEMNIFICATION.

8.01. As respects all acts or omissions which do not arise directly out of the performance of professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONTRACTOR shall indemnify, defend, and hold harmless the City, its officers, agents, and employees, from and against any and all claims, liabilities, and losses whatsoever (including damages to property and injuries to or death of persons, court costs, and reasonable attorneys’ fees) occurring or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims, liabilities, and losses occurring or resulting to any person, firm, or corporation for damage, injury, or death arising out of or connected with the CONTRACTOR’s performance of this Agreement, unless such claims, liabilities, or losses arise out of the sole negligence or willful misconduct of the City. “CONTRACTOR’s performance” includes CONTRACTOR’s action or inaction and the action or inaction of CONTRACTOR’s officers, employees, agents and subcontractors.

8.02. Architects, Engineers Per Civil Code 2782.8 Where the services to be provided by CONTRACTOR under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, CONTRACTOR agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of CONTRACTOR and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then CONTRACTOR’s indemnification and PGCC 8-17-22

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defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the CONTRACTOR’s proportionate percentage of fault.

As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONTRACTOR agrees to indemnity, defend and hold harmless the City, its officers officials, employees and volunteers for an against any claim, demands, losses, liability of any kind or nature arising out of or in connection with the CONTRACTOR's performance or failure to perform under the terms of this contract, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.
❑ Exemption/Modification (Justification attached; subject to approval).

9. INSURANCE.

9.01. Insurance Coverage Requirements: Without limiting CONTRACTOR’s duty to indemnify, CONTRACTOR shall maintain in effect throughout the term of this Agreement a policy or policies of insurance with the following minimum limits of liability:

Commercial general liability insurance, no less broad than Insurance Services Office (ISO) CG 00 01, including but not limited to premises and operations, including coverage for Bodily Injury and Property Damage, Personal Injury, Contractual Liability, Broadform Property Damage, Independent Contractors, Products/Completed Operations, with minimum limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The required limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella Liability Insurance. If CONTRACTOR maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR.
❑ Exemption/Modification (Justification attached; subject to approval).

Business automobile liability insurance, covering all motor vehicles, including owned, leased, non-owned, and hired vehicles, used in providing services under this Agreement, with a combined single limit for Bodily Injury and Property Damage of not less than $1,000,000 per occurrence. ❑ Exemption/Modification (Justification attached; subject to approval).

Workers’ Compensation Insurance, if CONTRACTOR employs others in the performance of this Agreement, in accordance with California Labor Code section 3700 and with Employer’s Liability limits not less than $1,000,000 each person, $1,000,000 each accident and $1,000,000 each disease. ❑ Exemption/Modification (Justification attached; subject to approval).

Professional liability insurance, if required for the professional services being provided, (e.g., those persons authorized by a license to engage in a business or profession regulated by the California Business and Professions Code), in the amount of not less than $1,000,000 per claim and $2,000,000 in the aggregate, to cover liability for malpractice or errors or omissions made in the course of rendering professional services. If professional liability insurance is written on a “claims-made” basis rather than an occurrence basis, the retroactive date shall be no later than the commencement of the work. Coverage applicable to the work performed under this Agreement shall be continued for three (3) years after completion of the work. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.

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❑ Exemption/Modification (Justification attached; subject to approval).

9.02. Other Insurance Requirements. All insurance required by this Agreement shall be with a company acceptable to the City and issued and executed by an admitted insurer authorized to transact Insurance business in the State of California. Unless otherwise specified by this Agreement, all such insurance shall be written on an occurrence basis, or, if the policy is not written on an occurrence basis, such policy with the coverage required herein shall continue in effect for a period of three years following the date CONTRACTOR completes its performance of services under this Agreement.

CONTRACTOR shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, CONTRACTOR shall forthwith obtain and submit proof of substitute insurance. Should CONTRACTOR fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at CONTRACTOR’s sole cost and expense.

Commercial general liability and automobile liability policies shall provide an endorsement naming the City of Pacific Grove, its officers, agents, and employees as Additional Insureds with respect to liability arising out of the CONTRACTOR’S work, including ongoing and completed operations, and shall further provide that such insurance is primary insurance to any insurance or self-insurance maintained by the City and that the insurance of the Additional Insureds shall not be called upon to contribute to a loss covered by the CONTRACTOR’S insurance. The required endorsement form for Commercial General Liability Additional Insured is ISO Form CG 20 10 11-85 or CG 20 10 10 01 in tandem with CG 20 37 10 01 (2000). The required endorsement form for Automobile Additional Insured endorsement is ISO Form CA 20 48 02 99.

The general liability policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.

CONTRACTOR shall provide to City an endorsement that the insurer waives the right of subrogation against the City, its officers, officials, employees, agents and volunteers.

Prior to the execution of this Agreement by the City, CONTRACTOR shall file certificates of insurance with the City’s contract administrator and City’s Contracts/Purchasing Division, showing that the CONTRACTOR has in effect the insurance required by this Agreement. The CONTRACTOR shall file a new or amended certificate of insurance within five calendar days after any change is made in any insurance policy which would alter the information on the certificate then on file. Acceptance or approval of insurance shall in no way modify or change the indemnification clause in this Agreement, which shall continue in full force and effect.

CONTRACTOR shall at all times during the term of this Agreement maintain in force the insurance coverage required under this Agreement and shall send, without demand by City, annual certificates to City’s Contract Administrator and City’s Contracts/Purchasing Division. If the certificate is not received by the expiration date, City shall notify CONTRACTOR and CONTRACTOR shall have five calendar days to send in the certificate, evidencing no lapse in coverage during the interim. Failure by CONTRACTOR to maintain such insurance is a default of this Agreement which entitles City, at its sole discretion, to terminate this Agreement immediately.

10. RECORDS AND CONFIDENTIALITY.

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information. CONTRACTOR shall not disclose any confidential records or other confidential information received from the City or prepared in connection with the performance of this Agreement, unless City specifically permits CONTRACTOR to disclose such records or information. CONTRACTOR shall promptly transmit to City any and all requests for disclosure of any such confidential records or information. CONTRACTOR shall not use any confidential information gained by CONTRACTOR in the performance of this Agreement except for the sole purpose of carrying out CONTRACTOR’s obligations under this Agreement.

10.02. City Records. When this Agreement expires or terminates, CONTRACTOR shall return to City any City records which CONTRACTOR used or received from City to perform services under this Agreement.

10.03. Maintenance of Records. CONTRACTOR shall prepare, maintain, and preserve all reports and records that may be required by federal, state, and City rules and regulations related to services performed under this Agreement. CONTRACTOR shall maintain such records for a period of at least three years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the three year period, then CONTRACTOR shall retain said records until such action is resolved.

10.04. Access to and Audit of Records. The City shall have the right to examine, monitor and audit all records, documents, conditions, and activities of the CONTRACTOR and its subcontractors related to services provided under this Agreement. Pursuant to Government Code section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, the parties to this Agreement may be subject, at the request of the City or as part of any audit of the City, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.

10.05. Royalties and Inventions. City shall have a royalty-free, exclusive and irrevocable license to reproduce, publish, and use, and authorize others to do so, all original computer programs, writings, sound recordings, pictorial reproductions, drawings, and other works of similar nature produced in the course of or under this Agreement. CONTRACTOR shall not publish any such material without the prior written approval of City.

11. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR, and its subcontractors, shall not unlawfully discriminate against any person because of race, religious creed, color, sex, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age (over 40), or sexual orientation, either in CONTRACTOR’s employment practices or in the furnishing of services to recipients. CONTRACTOR shall ensure that the evaluation and treatment of its employees and applicants for employment and all persons receiving and requesting services are free of such discrimination. CONTRACTOR and any subcontractor shall, in the performance of this Agreement, fully comply with all federal, state, and local laws and regulations which prohibit discrimination. The provision of services primarily or exclusively to such target population as may be designated in this Agreement shall not be deemed to be prohibited discrimination.

12. COMPLIANCE WITH TERMS OF STATE OR FEDERAL GRANT. If this Agreement has been or will be funded with monies received by the City pursuant to a contract with the state or federal government in which the City is the grantee, CONTRACTOR will comply with all the provisions of said contract, to the extent applicable to CONTRACTOR as a subgrantee under said contract, and said provisions shall be deemed a part of this Agreement, as though fully set forth herein. Upon request, City will deliver a copy of said contract to CONTRACTOR, at no cost to CONTRACTOR.

13. INDEPENDENT CONTRACTOR. In the performance of work, duties, and obligations under this Agreement, CONTRACTOR is at all times acting and performing as an independent contractor and not as an PGCC 8-17-22

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employee of the City. No offer or obligation of permanent employment with the City or particular City department or agency is intended in any manner, and CONTRACTOR shall not become entitled by virtue of this Agreement to receive from City any form of employee benefits including but not limited to sick leave, vacation, retirement benefits, workers’ compensation coverage, insurance or disability benefits. CONTRACTOR shall be solely liable for and obligated to pay directly all applicable taxes, including federal and state income taxes and social security, arising out of CONTRACTOR’s performance of this Agreement. In connection therewith, CONTRACTOR shall defend, indemnify, and hold City harmless from any and all liability which City may incur because of CONTRACTOR’s failure to pay such taxes.

14. NOTICES. Notices required under this Agreement shall be delivered personally or by first-class, postage pre-paid mail to the City’s and CONTRACTOR’S contract administrators at the addresses listed below:

FOR CITY: FOR CONTRACTOR:

Name and Title Name and Title
300 Forest Avenue
Pacific Grove, CA 93950
Address Address
(831) 648-
Phone Phone

15. MISCELLANEOUS PROVISIONS.

15.01. Conflict of Interest. CONTRACTOR represents that it presently has no interest and agrees not to acquire any interest during the term of this Agreement which would directly or indirectly conflict in any manner or to any degree with the full and complete performance of the professional services required to be rendered under this Agreement.

15.02. Amendment. This Agreement may be amended or modified only by an instrument in writing signed by the City and the CONTRACTOR.

15.03. Waiver. Any waiver of any terms and conditions of this Agreement must be in writing and signed by the City and the CONTRACTOR. A waiver of any of the terms and conditions of this Agreement shall not be construed as a waiver of any other terms or conditions in this Agreement.

15.04. Contractor. The term “CONTRACTOR” as used in this Agreement includes CONTRACTOR’s officers, agents, and employees acting on CONTRACTOR’s behalf in the performance of this Agreement.

15.05. Disputes. CONTRACTOR shall continue to perform under this Agreement during any dispute.

Contractor and the CITY hereby agree to make good faith efforts to resolve disputes as quickly as possible. In the event any dispute arising from or related to this Agreement results in litigation or arbitration, the prevailing party shall be entitled to recover all reasonable costs incurred, including court costs, attorney fees, expenses for expert witnesses (whether or not called to testify), expenses for accountants or appraisers (whether or not called to testify), and other related expenses. Recovery of these expenses shall be as additional costs awarded to the prevailing party, and shall not require initiation of a separate legal proceeding.

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15.06. Assignment and Subcontracting. The CONTRACTOR shall not assign, sell, or otherwise transfer its interest or obligations in this Agreement without the prior written consent of the City. None of the services covered by this Agreement shall be subcontracted without the prior written approval of the City. Notwithstanding any such subcontract, CONTRACTOR shall continue to be liable for the performance of all requirements of this Agreement.

15.07. Successors and Assigns. This Agreement and the rights, privileges, duties, and obligations of the City and CONTRACTOR under this Agreement, to the extent assignable or delegable, shall be binding upon and inure to the benefit of the parties and their respective successors, permitted assigns, and heirs.

15.08. Compliance with Applicable Law. The parties shall comply with all applicable federal, state, and local laws and regulations in performing this Agreement.

15.09. Headings. The headings are for convenience only and shall not be used to interpret the terms of this Agreement.

15.10. Time is of the Essence. Time is of the essence in each and all of the provisions of this Agreement.

15.11. Governing Law. This Agreement shall be governed by and interpreted under the laws of the State of California.

15.12. Non-exclusive Agreement. This Agreement is non-exclusive and both City and CONTRACTOR expressly reserve the right to contract with other entities for the same or similar services.

15.13. Construction of Agreement. The City and CONTRACTOR agree that each party has fully participated in the review and revision of this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendment to this Agreement.

15.14. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.

15.15. Authority. Any individual executing this Agreement on behalf of the City or the CONTRACTOR represents and warrants hereby that he or she has the requisite authority to enter into this Agreement on behalf of such party and bind the party to the terms and conditions of this Agreement.

15.16. Integration. This Agreement, including the exhibits any documents incorporated by reference, represent the entire Agreement between the City and the CONTRACTOR with respect to the subject matter of this Agreement and shall supersede all prior negotiations, representations, or agreements, either written or oral, between the City and the CONTRACTOR as of the effective date of this Agreement, which is the date that the City signs the Agreement.

15.17. Interpretation of Conflicting Provisions. In the event of any conflict or inconsistency between the provisions of this Agreement and the Provisions of any exhibit or other attachment to this Agreement, the provisions of this Agreement shall prevail and control.

15.18 Severability. If any of the provisions contained in the Contract are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. Limitations of PGCC 8-17-22

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liability and indemnities shall survive termination of the Contract for any cause. If a part of this Contract is valid, all valid parts that are severable from the invalid part remain in effect. If a part of this Contract is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

This space is left blank, intentionally.

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IN WITNESS WHEREOF, City and CONTRACTOR have executed this Agreement as of the day and year written below.

CITY OF PACIFIC GROVE CONTRACTOR
By:

City Mayor Contractor’s Business Name*
Date:

By: (Signature of Chair, President, or
Vice-President)*
By:

Department Head
Date:

Name and Title
Date:

Approved as to Form
By:
(Signature of Secretary, Asst. Secretary, CFO, or
Asst. Treasurer)*
By:

City Attorney Name and Title
Date:
2 Approved as to Fiscal Provisions
By:

Finance
Date:

Date:

Approved as to Liability Provisions 3
By:

Date:

Risk Management
City Agreement Number: .
2 Approval by Finance necessary only if financial questions or issues raised in Council approval of agreement. 3 Approval by Risk Management is necessary only if changes are made in paragraph 8 or 9.

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*INSTRUCTIONS: If CONTRACTOR is a corporation, including limited liability and non-profit corporations, the full legal name of the corporation shall be set forth above together with the signatures of two specified officers. If CONTRACTOR is a partnership, the name of the partnership shall be set forth above together with the signature of a partner who has authority to execute this Agreement on behalf of the partnership. If CONTRACTOR is contracting in an individual capacity, the individual shall set forth the name of the business, if any, and shall personally sign the Agreement.

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Agenda No. 13 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Luke Coletti, Councilmember
MEETING DATE: August 17, 2022
SUBJECT: Roadwork Restrictions During Harbor Seal Pupping Season CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Direct the City Attorney to return with a draft ordinance to implement roadwork restrictions during harbor seal pupping season.

DISCUSSION
Background:

At its March 2, 2022 meeting, the City Council authorized an agreement with Monterey Peninsula Engineering for the FY21/22 Street Rehabilitation Project on Ocean View Blvd. This project also involved coordinating with Cal-Am for the replacement of water mains along segments of Ocean View Blvd prior to the pavement improvements. Cal-Am construction work began in mid-February.

Citing PGMC Section 23.90.040, City staff issued a Coastal Development Permit (CDP) exemption for this project (Attachment #1). The CDP exemption allowed roadwork to take place next to the largest harbor seal rookery on Monterey Bay during the annual pupping season, even though harbor seal rookery areas are explicitly defined as an environmentally sensitive habitat area (ESHA). The CDP exemption appears to have been issued without considering the obvious adverse impacts on the harbor seal colony during this critical time (see highlighted areas below).

23.90.040 CDP exemptions.
(c)(3) Those activities specifically described as exempt from CDP requirements in the document entitled Repair, Maintenance and Utility Hookups, adopted by the Coastal Commission on September 5, 1978, unless a proposed activity will have a risk of substantial adverse impact on public access, environmentally sensitive habitat areas, wetlands, or public views to the ocean, in which case the 1978 document exemptions do not apply.

LCP Policy BIO-1
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activities and developments. In Pacific Grove these areas include, but are not limited to, dune, wetland, streams, coastal bluff, sandy and rocky beaches, intertidal and subtidal zones, tide pools, kelp forests, offshore reefs, rocks, and islets, and rookery areas.

It has also been noted that the intent of LCP Policy BIO-11 was not properly considered.

LCP Policy BIO-11
The City will implement seal pupping protection measures, including installation of split- rail fencing, installation of temporary “no climb” wood lattice fencing or other alternative that provides visual access, and educational signage if found necessary to prevent harm or harassment of harbor seals during the spring pupping season generally February through May, at various locations along the Pacific Grove shoreline east of Berwick Park and immediately adjacent to the Pacific Grove Recreation Trail. Impacts to public access from such measures shall be minimized.

In addition, the City may use trained volunteer docents, including National Oceanic and Atmospheric Administration trained Bay Net volunteer docents when available, to educate and engage the public on the activities of the seals, and to monitor and document all activities in the vicinity of the program, including any unauthorized human interruptions.

And, most importantly, the CDP exemption ignored the fact that harbor seals are protected under the United States Marine Mammal Protection Act.

Trucks and road construction equipment arrived and started work on February 14th, sawing through the pavement at 2nd Street, about 425 feet from the main pupping beach at Hopkins Marine Station. City officials were eventually contacted by the Resource Protection Coordinator for NOAA’s Monterey Bay National Marine Sanctuary. NOAA staff continued to intervene until the roadwork finally stopped on April 11th and didn’t resume until the pupping season was over.

Tragically, during the 8 weeks of roadwork construction (Attachment #2), Bay Net docents witnessed the following:

“25 successful births on Pacific Grove beaches and a heart-breaking 23 failures that didn’t have to happen. In addition to the 23 deaths, we documented a reduced number of seals on the beaches this year for the thousands of people who were looking for them.While the numbers varied constantly, there were generally at least 20% fewer seals on the beaches this year than on the same days last year. Calculating daily averages, there was an average of 51 harbor seals on the beaches during the 8 weeks of road work, compared to 64 during the same time last year.”

Past Environmental Stewardship:

Pacific Grove has a unique history of preserving and protecting wildlife and natural habitat:

By 1927 Pacific Grove had acquired nearly all waterfront land to keep it from being developed. The final parcel (Lovers Point) was acquired in 1934.

In 1931 the State of California granted Pacific Grove title to its waterfront (submerged lands) to a depth of 60 feet, with the state ceding its title to the same area.

In 1932 the City Council adopted Ordinance 284 establishing the area as a “Refuge and Marine Gardens.” This ordinance is still in effect – PGMC Chapter 14.04.

In 1974 this area was designated an Area of Special Biological Significance by the State Water Resources Control Board.

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In 2013 Council adopted Ordinance 13-018 (Attachment #3), which amended PGMC Chapter 14.04 to include harbor seal protections.

This proposed Ordinance for implementing Roadwork Restrictions During Harbor Seal Pupping Season could be modeled after PGMC 14.04.070. i.e., all roadwork construction during harbor seal pupping season will need to be coordinated with local NOAA offices.

14.04.070 Coordination with state and federal agencies during the harbor seal pupping season
Prior to and during the harbor seal pupping season, the city will coordinate with local NOAA offices and initiate reporting activities and reporting to National Marine Fisheries Service (NMFS) to ensure collaboration in executing procedures at Lovers Point Beach and a protection plan at all other city beaches. [Ord. 13-018 § 3, 2013].

As a general note, the City’s Sound Amplification Permit Application Form provides the following:

NO Sound Permits will be issued for Berwick Park or the Cypress Cove area of Berwick Park during the Harbor Seal Pupping season.

Finally, this City Council has adopted the following goal:

“Environmental Stewardship: Adopt and develop policies and ordinances that preserve and protect the environment”

GOAL ALIGNMENT

1. Environmental Stewardship

2. City Asset Stewardship

OPTIONS

1. Provide other direction.

2. Take no action.

FINANCIAL IMPACT:

There is no fiscal impact.

GOAL ALIGNMENT: See Goal Alignment within Discussion section.

Attachments
CDP Dated 120121
Photo
Ord 13-018
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COASTAL DEVELOPMENT PERMIT EXEMPTION
(NO PERMIT REQUIRED)
Public Works Projects Specifically Described in the 1978 Repair, Maintenance, and Utility Hookups Exemption
Date: December 7, 2021
Exemption Reference Number: 23.90.040.C.3
Applicant Name: City of Pacific Grove
Project Location: Within the Ocean View Blvd (OVB) ROW from 2nd St to Carmel and 17th St to Sea Palm Ave.

Project Description: Street rehab, sewer, and storm water work. All staging to occur within ROW.

Pursuant to PGMC Section 23.90.040 (CDP Exemptions), the proposed development is without risk of adverse environmental effect on coastal resources, including public access, and therefore does not require a Coastal Development Permit (CDP) for the reason(s) checked below:
 C. Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of those repair or maintenance activities. This exemption does not include:

3. Those activities specifically described as exempt from CDP requirements in the document entitled Repair, Maintenance and Utility Hookups, adopted by the Coastal Commission on September 5, 1978 unless a proposed activity will have a risk of substantial adverse impact on public access, environmentally sensitive habitat areas, wetlands, or public views to the ocean, in which case the 1978 document exemptions do not apply.

Please be advised that only the project described above is exempt from the permit requirements of the certified Local Coastal Program for Pacific Grove. Any change in the project may cause it to lose its exempt status. This certification is based on information provided by the project applicant. If any of the submitted information is found to be incorrect or incomplete, this exemption will become invalid, and any development occurring at that time must cease until a Coastal Development Permit or waiver is obtained.

Community Development Department
City of Pacific Grove
(831) 648-3183
 Appealable
 Non-Appealable
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Agenda No. 13 C

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Jenny McAdams, Councilmember
MEETING DATE: August 17, 2022
SUBJECT: Automatic Access to Public Comments
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Hold a conceptual discussion to provide automatic access to public comments received and provide direction to staff.

DISCUSSION
More and more cities are providing access to public comments received by the City Council. Some cities do this via their website or include public comment in the digital agenda packet. As the Pacific Grove City Council continues to implement policy and procedures to enhance transparency, accessibility, and public participation, posting and/or including the public comment that is received by the City Council may be a consideration.

Foster City posts all of the received public comments in a separate attachment under “Minutes/Public Comments Emailed/Supplemental Info” on their website as pictured in Example 1 in Attachment 1. Our agenda software has the below functionality and format posted on the City of Pacific Grove’s website as pictured in Example 2 in Attachment 1. One solution the City can try would be to combine the public comments received with the meeting minutes, and rename the column to: “Minutes/Public Comments”.

ELECTRONIC ATTACHMENTS

1. Public Comment Submission Deadline Information- City of Los Altos

2. Examples of Public Comments Posted in an Agenda Packet- City of Los Altos

3. Example of Public Comments Posted on the City’s Website- City of Anaheim

OPTIONS

1. Do not move forward.

2. Provide alternate direction.

FINANCIAL IMPACT:

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There is no fiscal impact.

GOAL ALIGNMENT: Transparency, Accountability and Communication: Implement programs, processes, revisions, and training to improve and advance the City's efforts.

Attachments
Example 1 & 2
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ATTACHMENT 1
Example 1
Example 2
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