Pacific Grove City Council
October 5, 2022

CITY COUNCIL

REGULAR MEETING AGENDA
Wednesday, October 5, 2022, 6:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA The Council will not begin consideration of any item on this agenda later than 10:00 p.m. unless such consideration is approved. Any items on this agenda not considered this evening will be continued to a future meeting.

Copies of the agenda packet are available for review at the Pacific Grove Library, in the Finance Department, and electronically at www.cityofpacificgrove.org/agendas. The most effective method of communication with the City Council is by sending an email to [email protected]. In order to allow the City Council adequate time to review communication related to an agenda item, it is recommended that the communication be sent no later than 9:00 AM on the day prior to the City Council meeting.

THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).

CHAMBER CAPACITY SEATING IS LIMITED AND PROVIDED ON A FIRST COME, FIRST SERVED BASIS.

THE VIRTUAL MEETING IS COMPLIANT WITH THE GOVERNOR’S EXECUTIVE

ORDERS ALLOWING FOR A DEVIATION OF
TELECONFERENCE RULES REQUIRED BY THE BROWN ACT.

JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://us02web.zoom.us/j/209579290
To participate telephonically, call any number below:
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MEETING INSTRUCTIONS
The public may also view the meeting on the Peninsula Channel 25.

AGENDA
PGCC 10-5-2022

AGENDA

CALL TO ORDER
PLEDGE OF ALLEGIANCE: Councilmember McAdams

1. APPROVAL OF AGENDA

2. PRESENTATIONS
A. Public Service Award Presentation to Heath Braddock, Aimee Johns, and Paul Bandy, by Chief Cathy Madalone
B. Cal AM Central Coast Update, by External Affairs Manager Josh Stratton PG 7 Reference: Josh Stratton, External Affairs Manager
Recommended Action: Receive presentation.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. Monterey County Convention & Visitors Bureau Update, by Amrish Patel PG 16 Reference: Amrish Patel
Recommended Action: Receive update.

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

3. COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only) A. Report on Closed Session by City Attorney
B. Other

4. GENERAL PUBLIC COMMENT
General Public Comment must deal with matters subject to the jurisdiction of the City and the Council that are not on the Regular Agenda. This is the appropriate place to comment as to items on the Consent Agenda, only if you do not wish to have the item pulled for individual consideration by the Council. Comments from the public will be limited to three minutes and will not receive Council action. Comments regarding items on the Regular Agenda shall be heard prior to Council’s consideration of such items at the time such items are called. Whenever possible, written correspondence should be submitted to the Council in advance of the meeting, to provide adequate time for its consideration.

PGCC 10-5-2022

CONSENT AGENDA
The Consent Agenda deals with routine and non-controversial matters, and may include action on resolutions, ordinances, or other public hearings for which testimony is not anticipated. The vote on the Consent Agenda shall apply to each item that has not been removed. Any member of Council, staff, or the public may remove an item from the Consent Agenda for individual consideration. When items are pulled for discussion, they will be automatically placed at the end of their respective section within the Regular Agenda. One motion shall be made to adopt all non-removed items on the Consent Agenda.

5. APPROVAL OF CITY COUNCIL MEETING MINUTES
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business A. Minutes of the September 21, 2022 City Council Special and Regular Meetings PG 38 Reference: Sandra Kandell, City Clerk
Recommended Action: Approve minutes.

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

6. RESOLUTIONS
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business

7. ORDINANCES
Items pulled from this section will be placed under 11. Public Hearings A. Ordinance Amending the Salary Classification Schedule - POA Classifications Action Reference: Leticia Livian, Human Resources Director PG 46 Recommended Action: Hold second reading and adopt an ordinance to amend the salary classification schedule, modify salary range for Police Officer and Police Sergeant and approve the amendment.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Fire Engine Repairs & Ordinance Amending the FY22/23 Budget PG 50 Reference: Daniel Gho, Public Works Director / Deputy City Manager Recommended Action: Hold second reading and adopt an ordinance amending the FY22/23 Budget.

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

8. REPORTS – INFORMATION ONLY
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business PGCC 10-5-2022

A. 2022 CalCities Annual Conference Report PG 57
Reference: Nick Smith, Councilmember
Recommended Action: Receive report.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Report from Attendance at 2022 League of California Cities and International PG 58 City/County Management Association Conferences.

Reference: Ben Harvey, City Manager
Recommended Action: Receive the report.

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

9. REPORTS – REQUIRING ACTION
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business A. Ratification of New Local Emergency Actions PG 59
Reference: Ben Harvey, City Manager
Recommended Action: Receive report of emergency directives/modifications.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Renew a Contract with 4LEAF, Inc. for Building Services PG 61 Reference: Anastacia Wyatt, Community Development Director Recommended Action: Authorize the City Manager to renew a Contract with 4LEAF, Inc. for Building Services, including and not limited to, building permit issuance, building inspection services, building plan review services with Building Official oversight and allow the contract to be based on permit activity and associated revenues.

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

10. MEETING MINUTES OF COMMISSIONS, BOARDS, AND COMMITTEES Items pulled from this section will be placed under 13. New Business

REGULAR AGENDA

11. PUBLIC HEARINGS
PGCC 10-5-2022

11. PUBLIC HEARINGS
For public hearings involving a quasi-judicial determination by the Council, the proponent of an item may be given 10 minutes to speak and others in support of the proponent’s position may be given three minutes each. A designated spokesperson for opposition to the item may be given 10 minutes to speak and all others in opposition may be given three minutes each. Very brief rebuttal and surrebuttal may be allowed in the sole discretion of the Council. In public hearings not involving a quasi-judicial determination by the Council, all persons may be given three minutes to speak on the matter. Public hearings on non-controversial matters or for which testimony is not anticipated may be placed on the Consent Agenda, but shall be removed if any person requests a staff presentation or wishes to be heard on the matter.

A. Appeal of Coastal Development Permit (CDP) 22-0125 for 120 17th Street, APN 6-153-010 PG 85
Reference: Joseph Sidor, Contract Planner
Recommended Action: City Council deny the appeal, find the project categorically exempt per CEQA Guidelines Section 15303, and approve Coastal Development Permit 22-0125, subject to the required findings and recommended conditions of approval.

CEQA: Categorical Exemption, CEQA Guidelines Section 15303, Class 3, Construction or Conversion of Small Structures

12. UNFINISHED AND ONGOING BUSINESS
A. PERC Water Extension PG 119
Reference: Daniel Gho, Public Works Director / Deputy City Manager Recommended Action: 1. Authorize an extension to the agreement with PERC Water for Operations & Maintenance of the Pacific Grove Local Water Project not to exceed 1 year (November 1, 2022 –October 31, 2022) at a monthly fixed cost of $26,188 and a flow based variable unit price of $247.24 per acre foot of influent.

2. Authorize staff to begin contract negotiations with PERC Water and return to City Council no later than May 2023 with new negotiated contract terms CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

13. NEW BUSINESS
A. Concept Review: New Fire Engine PG 141
Reference: Gaudenz Panholzer, Fire Chief
Recommended Action: Provide direction to staff on whether to purchase an electric or diesel-powered fire engine and authorize the purchase.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Empty Home Tax PG 293
Reference: Jenny McAdams, Councilmember
Recommended Action: Convene a conceptual discussion on an “Empty Homes Tax” in the PGCC 10-5-2022

Recommended Action: Convene a conceptual discussion on an “Empty Homes Tax” in the City of Pacific Grove and direct staff to gather information and return to council regarding this concept.

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

14. FULL PRESENTATIONS

15. CLOSED SESSION
A. Public Employment, (Government Code § 54957) Discussion on this item to commence at 8:00 p.m.

Title: City Manager Performance Evaluation

ADJOURNMENT
NOTICE OF ADA COMPLIANCE: Pursuant to Title II of the Americans with Disabilities Act (Codified At 42 United States Code Section 12101 and 28 Code of Federal Regulations Part 35), and Section 504 of the Rehabilitation Act of 1973, the City of Pacific Grove does not discriminate on the basis of race, color, religion, national origin, ancestry, sex, disability, age or sexual orientation in the provision of any services, programs, or activities. The City of Pacific Grove does not discriminate against persons with disabilities. City Hall is an accessible facility. A limited number of assisted listening devices will be available at this meeting. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting or provide the requested agenda format.

PGCC 10-5-2022

Agenda No. 2 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/DEI Coordinator
MEETING DATE: October 5, 2022
SUBJECT: Cal AM Central Coast Update, by External Affairs Manager Josh Stratton CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive presentation.

Attachments
PPT
PGCC 10-5-2022

1 Pacific Grove City Council

CALIFORNIA AMERICAN WATER
PGCC 10-5-2022

2 Central Division – Water Systems
Basins within Service Area:

Seaside Basin
Monterey Subbasin
180/400 Aquifer
Langley Area
PGCC 10-5-2022

3 Water Supply Constraints
• Carmel River — State ordered withdrawals
reduced by more than 50%
• Seaside Basin — Court-ordered withdrawal
reduction by more than 50%
• Drought — Currently in multi-year emergency
drought with minimal rain
The required cutbacks to existing supplies cannot
be met without replacement water sources
PGCC 10-5-2022

4 CURRENT SUPPLIES ~ 8,500 AF
Assumes WY22/23 drought and includes PWM,
Carmel, Seaside Basin, Sand City
ASR
CURRENT DEMAND ~ 9,700 AFY
Dependent on limited ASR bank
Need sufficient long-term supplies to
address critical needs such as:
• Future Demand
• Climate Change & Drought
• Operation Supply Buffer
• Seaside Basin Protection
Today’s Supplies at a Critical Juncture
PGCC 10-5-2022

5 Monterey Peninsula Water Supply Project – Path Forward Climate Resilience
• Droughtproof ability to preserve Carmel River
habitat
Environmental Considerations
• Carbon free energy
• Slant wells
• Existing outfall
Affordability
• Affordable housing
• Customer Assistance, Crisis Assistance and LIHWAP
Regional Approach
• Return water to Castroville/CSIP
Status and Timeline
• CCC hearing schedule for November
• Can be in service within next 5 years

FUTURE SOURCES
ASR ePWM
Desal
PGCC 10-5-2022

6 Monterey Conservation Program
Peninsula Residents are already among the most
water-efficient in the State
• Monterey’s combined indoor and outdoor
GPCD at ~60 GPCD
• Community proactive engagement in
conservations programs such rebates, education
programs, and water wise house calls
PGCC 10-5-2022

7 Affordability
Current Programs After Construction
Customer Assistance Program
LIHWAP
Crisis Fund
Statewide Program Funding
Remove 4th Tier
Increase assistance eligibility
Multi-Family unit support
Public grants to lower project cost
Connection fees
PGCC 10-5-2022

8 For more information visit:
www.californiaamwater.com
PGCC 10-5-2022

Agenda No. 2 C

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/DEI Coordinator
MEETING DATE: October 5, 2022
SUBJECT: Monterey County Convention & Visitors Bureau Update, by Amrish Patel CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive update.

Attachments
PPT
PGCC 10-5-2022

MCCVB Update
October 5, 2022
PGCC 10-5-2022

INVESTMENT HIGHLIGHTS
PGCC 10-5-2022

MARKETING COMMUNICATIONS

LEISURE CAMPAIGN
PGCC 10-5-2022

NEW STRATEGIC ROADMAP
PGCC 10-5-2022

STRATEGIC PLANNING
1:1 INTERVIEWS TEAM INPUT SESSIONS

COMMUNITY INPUT

SESSIONS

STRATEGIC PLANNING

TASKFORCE MEETINGS

STAKEHOLDER ROUNDTABLES SURVEYS COMMUNITY
INPUT
PGCC 10-5-2022

Vision: A thriving tourism economy that enriches
Monterey County's economic vitality and
quality of life.

Mission: To generate community prosperity for
Monterey County through the responsible
promotion and growth of the tourism
economy
MCCVB Vision & Mission
2022 & Beyond
PGCC 10-5-2022

WE VALUE

CONNECTIVITY
Relational not transactional approach

COLLABORATION
Seek opportunities to build effective partnerships with the community

AGILITY
Creative, nimble, embrace change, and invite new ideas and innovation

ACCOUNTABILITY
Reliable stewards of the resources entrusted to us

INCLUSIVITY
Committed to DEI – how we operate and how we promote

SUSTAINABILITY
Responsible promotion to protect the product and our quality of life PGCC 10-5-2022

STRATEGIC IMPERATIVES
PGCC 10-5-2022

MCTID RENEWAL
PGCC 10-5-2022

TID Funding Analysis
Monterey, California
Prepared for:

PGCC 10-5-2022

CURRENT SITUATION

WORLD CLASS

DESTINATION

SECOND CLASS
BUDGET
PGCC 10-5-2022

COMPETITIVE

ANALYSIS
$510
$640
$730
$750
$1,020
$1,090
$1,140
$1,300
$1,310
$1,380
$1,440
$2,780
$0 $500 $1,000 $1,500 $2,000 $2,500 $3,000
Lake Tahoe
Monterey County
San Diego
SLO
San Francisco
Laguna Beach
Sonoma County
Greater Palm Springs
Napa Valley
Santa Barbara
San Jose
Newport Beach
PGCC 10-5-2022

CURRENT SITUATION
Includes MCCVB’s competitive set and additional DMOs
that disclosed their assessment rate DI.

Since the assessment is a major source of revenue for
MCCVB (and the majority of other DMOs on this list),
this results in a limited tourism promotion budget for
Monterey County. Increasing the TID assessment rate
could generate additional funding and provide
competitive funding for tourism promotion in Monterey
County.
*Monterey’s per room assessment scheme results in an overall rate of 0.6% of room revenue.

Monterey’s TID assessment of 0.6%* is much
lower than the competitive set average of 2.1%
PGCC 10-5-2022

The Community Steps In
& Steps Up
PGCC 10-5-2022

MCTID MDP
CURRENT DISTRICT 2019-2023 RENEWAL DISTRICT 2023-2032
Five-Year Term Ten-Year Term
Expires December 2023 Ideally, new District in place by July 1, 2023 Boundaries: The unincorporated areas of Monterey
County and the cities of Carmel-by-the-Sea, Del Rey
Oaks, Marina, Monterey, Pacific Grove, Salinas, Sand
City, and Seaside.

Boundaries: The unincorporated areas of Monterey
County and the cities of Carmel-by-the-Sea, Del Rey
Oaks, Gonzales, Greenfield, King City, Marina,
Monterey, Pacific Grove, Salinas, Sand City, Seaside,
and Soledad
Assessment rates (per occupied room night)*:
$1 limited service
$2 full service
Assessment rates (per occupied room night)*:
$1.50 limited service
$4.50 non-luxury full service
$7.00 luxury service
Escalators: Decided annually by MCTID Oversight
Committee; $.15 and $.30 respectively; rates not
changed since 2011
Escalators: Automatically
increases biennially beginning in FY2025-26 by $.20,
$.60 and $.90 respectively. Committee can decide
to not implement.

PGCC 10-5-2022

ASSESSMENT TIERS
PGCC 10-5-2022

$2.2

BILLION

INCREMENTAL

VISITOR

SPENDING
2023 – 2032
$58.3

MILLION

INCREMENTAL
T.O.T. GAINED
2023 – 2032
PGCC 10-5-2022

ONE MORE PERCENT

PEAK SEASON
MAY – SEPT.

OFF SEASON
OCT. - APRIL
80%
$33,747,179 65%
Visitor Spending
$692,968
Local Tax Receipts
$852,950
T.O.T.

PGCC 10-5-2022

ONE MORE NIGHT

0.00 500.00
1,000.00
1,500.00
2,000.00
2,500.00
3,000.00
3,500.00
Total Visitor Spend ($M)

2.6 NIGHTS3.6 NIGHTS
$877

MILLION

INCREASE IN

VISITOR SPEND

PER YEAR
PGCC 10-5-2022

RENEWAL TIMELINE
Lodging
Owner/Operator/
GM Outreach
September &
October
City approves
MDP and Petition
drive begins
October
Petitions
Submitted to City
November
Resolutions of
Intent and
Consent; Notice
of Public Hearing
December
Public
Hearing; 1st
Reading of
Ordinance
January
Formation Public
Hearing; 2nd
Reading of and
adopt Ordinance
February
Admin work to
end old TID and
finalize new TID
w/City
March + April
2023-2032
MCTID Begins
July 1, 2023
PGCC 10-5-2022

Thank you!
PGCC 10-5-2022

Agenda No. 5 A

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/DEI Coordinator
MEETING DATE: October 5, 2022
SUBJECT: Minutes of the September 21, 2022 City Council Special and Regular Meetings CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Approve minutes.

Attachments
Draft Minutes
PGCC 10-5-2022

1 DRAFT MEETING MINUTES

CITY OF PACIFIC GROVE

CITY COUNCIL

CLOSED SESSION MEETING
Wednesday, September 21, 2022, 5:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).

CHAMBER CAPACITY SEATING IS LIMITED AND PROVIDED ON A
FIRST COME, FIRST SERVED BASIS.

THE VIRTUAL MEETING IS COMPLIANT WITH THE GOVERNOR’S EXECUTIVE

ORDERS ALLOWING FOR A DEVIATION OF TELECONFERENCE RULES REQUIRED BY THE BROWN ACT.

Join the Zoom Meeting to participate live at:
https://us02web.zoom.us/j/692219855

CALL TO ORDER
Mayor Peake called the meeting to order at 5:00 p.m. City Clerk Kandell conducted roll call with the following Council present in Chamber: Mayor Peake, Mayor Pro Tem Amelio, Councilmembers McAdams, Poduri, Smith, and Tomlinson. Absent: Councilmember Coletti.

APPROVAL OF AGENDA
Action: Upon motion by Councilmember Smith and seconded by Mayor Pro Tem Amelio, Council voted to approve the agenda.

Motion carried 6-0-1, by the following roll call vote:

AYES: Mayor Peake, Mayor Pro Tem Amelio, Councilmembers McAdams, Poduri, Smith, and Tomlinson.

NOES: None.

ABSENT: Councilmember Coletti.

CLOSED SESSION

PUBLIC COMMENT ON CLOSED SESSION MATTERS
No public comment was received.

A. Public Employment, (Government Code § 54957)
Title: City Manager Performance Evaluation
Councilmember McAdams declared a conflict of interest and stated she would not participate in the discussion.

B. Conference with Legal Counsel – Initiation of Litigation Government Code §54956.9(d)(4)) Number of Cases: One
DRAFT PGCC 10-5-2022

2 DRAFT MEETING MINUTES

CITY OF PACIFIC GROVE

CITY COUNCIL

REGULAR MEETING
Wednesday, September 21, 2022, 6:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).

CHAMBER CAPACITY SEATING IS LIMITED AND PROVIDED ON
A FIRST COME, FIRST SERVED BASIS.

THE VIRTUAL MEETING IS COMPLIANT WITH THE GOVERNOR’S EXECUTIVE

ORDERS ALLOWING FOR A DEVIATION OF
TELECONFERENCE RULES REQUIRED BY THE BROWN ACT.

JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://us02web.zoom.us/j/209579290

CALL TO ORDER
Mayor Peake called the meeting to order at 6:00 p.m. City Clerk Kandell conducted roll call with the following Council present in Chamber: Mayor Peake, Mayor Pro Tem Amelio, Councilmembers Coletti, McAdams, Poduri, Smith, and Tomlinson.

PLEDGE OF ALLEGIANCE:

Councilmember Coletti led the pledge of allegiance.

1. APPROVAL OF AGENDA
Action: Upon motion by Councilmember Smith and seconded by Mayor Pro Tem Amelio, Council voted to approve the agenda.

Motion carried 7-0, by the following roll call vote:

AYES: Mayor Peake, Mayor Pro Tem Amelio, Councilmembers Coletti, McAdams, Poduri, Smith, and Tomlinson.

NOES: None.

ABSENT: None.

2. PRESENTATIONS
A. Mayor's Proclamation: Hispanic Heritage Month
Action: Council received proclamation.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
DRAFT PGCC 10-5-2022

3 3. COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only) A. Report on Closed Session by City Attorney
Public Employment, (Government Code § 54957)
Title: City Manager Performance Evaluation
Conference with Legal Counsel – Initiation of Litigation Government Code §54956.9(d)(4)) Number of Cases: One
City Attorney Pierik had no report.

B. Council made general announcements.

4. GENERAL PUBLIC COMMENT
Public comment was received from an unnamed speaker, Sally Moore, John Hasselbauer, Michelle Raine, and Lisa Ciani.

CONSENT AGENDA
Action: Consent Agenda item 8A was pulled and considered as Regular Agenda item 12B.

Action: Upon motion by Councilmember Smith and seconded by Councilmember Poduri, Council voted to approve the Consent Agenda, as amended.

Motion carried 7-0, by the following roll call vote:

AYES: Mayor Peake, Mayor Pro Tem Amelio, Councilmembers Coletti, McAdams, Poduri, Smith, and Tomlinson.

NOES: None.

ABSENT: None.

5. APPROVAL OF CITY COUNCIL MEETING MINUTES
A. Minutes of the September 7, 2022 City Council Regular Meeting Action: Approved minutes.

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

6. RESOLUTIONS

7. ORDINANCES

8. REPORTS – INFORMATION ONLY
A. Check Register Report – August 2022 This item was pulled and considered as Regular Agenda item 12B.

Reference: Tori Hannah, Administrative Services Director / Assistant City Manager Recommended Action: Receive the report.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
DRAFT PGCC 10-5-2022

4 B. Core Revenue Reports for August 2022
Action: Received the Core Revenue Reports for August 2022.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. League of California Cities Annual Conference and Expo Summary Action: Received report.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
D. Association of Monterey Bay Area Governments Board of Directors Meeting Minutes of June 15, 2022
Action: Received minutes.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
E. Monterey Salinas Transit Board of Director Meeting Minutes of July 11, 2022 Action: Received minutes.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
F. Community Survey
Action: Received the report.

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

9. REPORTS – REQUIRING ACTION
A. Ratification of New Local Emergency Actions
Action: Received report of emergency directives/modifications.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Sanitary Sewer Management Plan
Action: Adopted Sewer System Management Plan (SSMP) Revision #3 and authorized staff to certify the document in the California Integrated Water Quality System (CIWQS).

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. Agreement with Harris & Associates, Inc.

Action: Authorized the Mayor to sign an agreement with Harris & Associates, Inc. for the preparation and execution of the 6th Cycle Housing Element Environmental Review in an amount not to exceed $55,000.

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

10. MEETING MINUTES OF COMMISSIONS, BOARDS, AND COMMITTEES A. Diversity, Equity and Inclusion Meeting Minutes: August 15, 2022 Special Meeting and August 15, 2022 Special Study Session
Action: Received minutes.

DRAFT PGCC 10-5-2022

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

REGULAR AGENDA

11. PUBLIC HEARINGS
A. Ordinance Amending the Salary Classification Schedule - POA Classifications Action Required by September 21, 2022.

No public comment was received.

Action: Upon motion by Mayor Pro Tem Amelio and seconded by Councilmember McAdams, the Council requested the City Attorney read the title of the ordinance; and voted to waive further reading of the ordinance; introduce and hold first reading of an ordinance to amend the salary classification schedule; modify salary range for Police Officer and Police Sergeant; approve the amendment; and direct that a summary of a proposed ordinance be published as approved by the City Attorney.

Motion carried 7-0, by the following roll call vote:

AYES: Mayor Peake, Mayor Pro Tem Amelio, Councilmembers Coletti, McAdams, Poduri, Smith, and Tomlinson.

NOES: None.

ABSENT: None.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Fire Engine Repairs & Ordinance Amending the FY22/23 Budget No public comment was received.

Action: Upon motion by Councilmember Tomlinson and seconded by Councilmember McAdams, Council requested the City Attorney read the title of the ordinance; and voted to waive further reading of the ordinance; introduce and hold first reading of an ordinance amending the FY22/23 Budget; direct that publication of the ordinance will be satisfied by publication of a summary approved by the City Attorney; and authorize Hi-Tech EVS, Inc. to make repairs to Fire Engine 6414 in an amount not to exceed $75,304.54 plus a 15% contingency.

Motion carried 7-0, by the following roll call vote:

AYES: Mayor Peake, Mayor Pro Tem Amelio, Councilmembers Coletti, McAdams, Poduri, Smith, and Tomlinson.

NOES: None.

ABSENT: None.

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

12. UNFINISHED AND ONGOING BUSINESS
A. Purchasing Authorization Procedures
DRAFT PGCC 10-5-2022

6 No public comment was received.

Action: Upon motion by Councilmember Smith and seconded by Councilmember McAdams, Council directed the City Attorney to return with a draft ordinance to clarify purchasing authorization procedures and resolution for approval of standard contracts.

Motion carried 7-0, by the following roll call vote:

AYES: Mayor Peake, Mayor Pro Tem Amelio, Councilmembers Coletti, McAdams, Poduri, Smith, and Tomlinson.

NOES: None.

ABSENT: None.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Check Register Report – August 2022 This item was pulled from the Consent Agenda.

Public comment was received from Debby Beck.

Action: Council received the report.

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

13. NEW BUSINESS
A. Friends of Perkins Park
No public comment was received.

Action: Council received report and encouraged staff to continue work with the Friends of Perkins Park to enhance existing park conditions utilizing donations received by the Friends.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Discussion on City Efforts Regarding the 29 Pacific Grove Homeless Residents Public comment was received from Debby Beck, Darla Vining, Lisa Ciani, and Andrew Kubica.

Action: Council held a discussion regarding the 29 homeless residents that live in the City of Pacific Grove and the City’s efforts to address our unhoused residents and provided staff general direction on next steps.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. Automatic Funding Mechanism for TAKE PART Program
No public comment was received.

Action: Council held a discussion regarding implementing an automatic funding mechanism for Fund 25 in the amount of $10,000 to sustain the TAKE PART Program and provided staff with direction.

DRAFT PGCC 10-5-2022

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

14. FULL PRESENTATIONS

15. CLOSED SESSION

ADJOURNMENT
Council adjourned the regular meeting at 8:04 p.m. and returned to unfinished closed session agenda items A and B. Council adjourned the closed session meeting at 9:30 p.m.

Respectfully Submitted,
Sandra Kandell
City Clerk
Approved by Mayor: _______________________________Date________________ Attest by City Manager: ____________________________Date_________________ DRAFT PGCC 10-5-2022

Agenda No. 7 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Leticia Livian, Human Resources Director
MEETING DATE: October 5, 2022
SUBJECT: Ordinance Amending the Salary Classification Schedule - POA Classifications Action
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Hold second reading and adopt an ordinance to amend the salary classification schedule, modify salary range for Police Officer and Police Sergeant and approve the amendment.

DISCUSSION
No changes were made between the first and second reads. The City Clerk caused a summary of the ordinance to be published on September 29, 2022.

On August 27, 2022, the Council adopted Resolution 22-045 to authorize the city manager to execute all documents and to perform all other necessary City acts to implement the Memorandum of Understanding (MOU) between the City of Pacific Grove (City) and the Pacific Grove Police Officers Association (POA).

The MOU approved increases to the salary range. The salary increases and the effective dates are listed below.
3% salary increase effective July 24, 2022; and
2% salary increase effective the first full pay period in July 2023.

The City salary classification schedule identifies the job classifications approved by Council (e.g., Police Officer) and the hourly rates of pay for each classification at each step authorized by the Personnel Rules. To implement a salary increase, the salary classification schedule must be amended to incorporate the salary increase for the effective dates outlined in the MOU between the City and the POA. The action proposed in this Agenda Report completes the salary change for the 3% COLA approved by City Council.

Pursuant to Charter Article 25 and Pacific Grove Municipal Code (PGMC) Section 4.20.280, approval and amendment to the classification schedule must be adopted by the Council.

The requested changes are for Police Officer and Police Sergeant classifications only, all other classifications in the salary schedule remain the same. To view the entire salary schedule, please refer PGCC 10-5-2022

classifications in the salary schedule remain the same. To view the entire salary schedule, please refer to the City’s website,
http://www.cityofpacificgrove.org/about-city/human-resources/salaries-benefits-and-mous.

City Of Pacific Grove
Proposed New Salary Schedule - POA Hourly Rate

Classification Step 1A Step 2B Step 3C Step 4D Step 5E Step 6F Step 7G Current Hourly Police Sergeant 50.96 53.50 56.18 58.99 61.94 64.26 66.67 New Hourly Police Sergeant 52.48 55.11 57.86 60.76 63.80 66.19 68.67 Current Hourly Police Officer 44.10 46.31 48.62 51.06 53.61 55.62 57.70 New Hourly Police Officer 45.42 47.69 50.08 52.58 55.21 57.28 59.43

OPTIONS
Provide alternative direction to staff.

FINANCIAL IMPACT:

The projected annual fiscal impact to the General Fund is listed below:

Year 1
FY 22/23
$103,000 is budgeted for the FY 22/23 for the 3% COLA. $103,000 Year 2
FY 23/24
$70,000 will be budget for the FY 23/24 for the 2% COLA. $68,500 Total projected cost for multi-year agreement: $171,500 GOAL ALIGNMENT: Not Applicable.

Attachments
Draft Ordinance
PGCC 10-5-2022

ORDINANCE NO. 22-

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE

AMENDING THE CLASSIFICATION SCHEDULE FOR POLICE SERGEANT

AND POLICE OFFICER
Findings

1. The City of Pacific Grove (City) entered into a new Memorandum of Understanding (MOU) with the Pacific Grove Police Officer Association; and

2. The MOU is effective from July 1, 2022 through June 30, 2024; and

3. The MOU contains two salary adjustments; and

4. The first salary adjustment takes effect on July 24, 2022; and

5. The second salary adjustment takes effect the first full pay period of July 2023; and

6. Modifications to the salary classification plan are for Police Officer and Police Sergeant Classifications only; and

7. Modifications to the salary classification plan must be amended for each described date; and

8. Amendment to the classification plan must be adopted by the City Council pursuant to Charter Article 25 and Pacific Grove Municipal Code (PGMC) Section 4.20.280; and

9. The City Council ratified the MOU and its implementation measures, including salary adjustment; and In the enactment of this ordinance, the City followed the guidelines adopted by the State of California and published in the California Code of Regulations, Title 14, Section 15000, et seq. Enactment of this ordinance action does not constitute a “project” as defined by California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment pursuant Section 15378.

Ordinance

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

SECTION 1. The foregoing findings of the City Council are incorporated into this Ordinance as if set forth in full.

SECTION 2. The position classification plan approved and adopted by the City Council pursuant to Charter Article 15 and PGMC § 4.20.280 is amended for the POA positions, with the following salary schedule:

PGCC 10-5-2022

City Of Pacific Grove
ProposedNew Salary Schedule - POA Hourly Rate
Eff. Classification Step
1A
Step
2B
Step
3C
Step
4D
Step
5E
Step
6F
Step
7G
July 24, 2022 524-001 Police Sergeant 52.48 55.11 57.86 60.76 63.80 66.19 68.67 Eff. Classification Step
1A
Step
2B
Step
3C
Step
4D
Step
5E
Step
6F
Step
7G
July 24, 2022 516-001 Police Officer 45.42 47.69 50.08 52.58 55.21 57.28 59.43 SECTION 3. The City Manager is directed to execute all documents and to perform all necessary City acts to implement this Ordinance.

SECTION 4. In accord with Article 15 of the City Charter, this ordinance shall become effective July 24, 2022.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this day of , 2022, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:
____________________________
BILL PEAKE, Mayor
ATTEST:

DATED:________________________________
_________________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
___________________________________
BRIAN PIERNIK, City Attorney
PGCC 10-5-2022

Agenda No. 7 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Gho, Public Works Director / Deputy City Manager MEETING DATE: October 5, 2022
SUBJECT: Fire Engine Repairs & Ordinance Amending the FY22/23 Budget CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Hold second reading and adopt an ordinance amending the FY22/23 Budget.

DISCUSSION
No changes were made between the first and second reads. The City Clerk caused a summary of the ordinance to be published on September 29, 2022.

Since December of 2008, the City of Pacific Grove has contracted with the City of Monterey for fire services. Additionally, Pacific Grove has an agreement with Monterey to provide supplemental fire equipment maintenance services when repairs cannot be made at the Public Works Corporation Yard with in-house mechanics. Periodically, repairs exceed the capabilities of both the Pacific Grove and Monterey mechanical divisions and require the services of a large equipment mechanical facility. This is the case with the Pacific Grove fire engine 6414.

Engine 6414 is a Pierce Type 1 engine with approximately 119,000 miles. This engine is the City first out when calls come through the PG fire house. The engine began to experience issues in July of 2022, and was sent to Monterey’s mechanical division for initial diagnosis. It was quickly determined that the repairs would be extensive and needed to be sent to a large equipment mechanical shop for the repairs.

Monterey sent the engine to Hi-Tech EVS, Inc in Oakdale to diagnose the issues and provide the City with a quote for the repairs (Attachment 1).

The engine needs the following repairs:
· Water pump replacement for fire suppression equipment · Steering box needs to be replaced and all suspension parts These repairs are complex and require numerous parts, fluids, valves, filters, gaskets and various other components to ensure proper and safe operation. The Pacific Grove and Monterey mechanical Divisions have reviewed the repair quote. Additionally, Monterey’s mechanical staff have been to the Hi-tech facility to go and review the required repairs with Hi-Tech’s staff. It is the recommendation of both teams that the repairs be authorized.

PGCC 10-5-2022

City staff is in the process of seeking quotes and reviewing options to purchase a new fire apparatus.

These options will be before City Council for consideration at a meeting soon. However, purchasing a new unit will take, at a minimum, two (2) years to build and deliver. As a result, timely repairs to 6414 are essential.

OPTIONS

1. Do not authorize the repairs. Note: Failure to authorize vital repairs for Engine 6414 will result in the City’s first out engine, which is vital for emergency response, to be inoperable and unavailable for future use.

2. Provide alternate direction.

FINANCIAL IMPACT:

The estimated impact to the General Fund is $86,601. While the City is still in the process of closing the Fiscal Year 22/23 accounting records, it is anticipated that there should be sufficient funds in the Unrestricted General Fund Balance to support these repairs.

GOAL ALIGNMENT: City Asset Stewardship: Repair, maintain and improve City assets, including streets, sidewalks, sewer systems, buildings, and parks and trails.

Attachments
Quote
Budget Modification Ordinance
PGCC 10-5-2022

Jul 26, 2022 1
Hi-Tech EVS, Inc.

Jul 26, 2022
Qty.

Ord.

Qty.

Shp.

Qty.

B/O Item Number Description Unit Price UOM Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
14652 10220 BENR 1
171177
PO Box 1616
Oakdale, CA 95361-1616
US
Phone: (209) 847-3042
Fax: (209) 847-2110
City of Monterey Fire Department
25 Ryan Ranch Rd
Monterey, CA 93940-5703
US
City of Monterey Fire Department
25 Ryan Ranch Rd
Monterey, CA, 93940-5703
US

3.0000 0.0000 3.0000 140051-1 AUTOMATIC TRANSMISSION FLUID (Gallon) 22.24 Gallon 66.72

1.5000 0.0000 1.5000 140056-1 HYDRAULIC FLUID AW32 26.15 GALLON 39.23

1.0000 0.0000 1.0000 140552-1 5-281 1810 FULL ROUND UJOINT 123.72 EACH 123.72

1.0000 0.0000 1.0000 900094-1 K 667-8 PACKING KIT 261.52 EACH 261.52

1.0000 0.0000 1.0000 200078-1 AKRON VALVE KIT 3" 9206 58.74 EACH 58.74

2.0000 0.0000 2.0000 101514-1 14GA BRUSHED S.S. 48 X 96 20.74 SQ. FT. 41.48

2.0000 0.0000 2.0000 610192-1 1/4" COMP. X 1/4" MNPT DOT STR 4.43 EACH 8.86

1.0000 0.0000 1.0000 801132-1 1/4" BRASS TEE 9.34 EACH 9.34

1.0000 0.0000 1.0000 131505-1 DT 04 4 P DEUTSCH 4 PIN RECP. 1.80 each 1.80

1.0000 0.0000 1.0000 131530-1 W4 P DEUTSCH LOCK 0.18 Each 0.18

20.0000 0.0000 20.0000131141-1 16 GAUGE WIRE GXL 0.22 FEET 4.40

20.0000 0.0000 20.0000131205-1 1/4" PLASTIC LOOM #3231 0.08 FEET 1.60

1.0000 0.0000 1.0000 700243-1 ESP12 OILLESS PRIMING PUMP 501-3090-00 1,192.38 EACH 1,192.38

2.0000 0.0000 2.0000 1801 3303274 LINK TOE CONTROL ADJUST 475.02 EACH 950.04

1.0000 0.0000 1.0000 1801 3582900 LINK TIE CONTROL 478.63 EACH 478.63

1.0000 0.0000 1.0000 1801 K 1182-1 VALVE CONVERSION KIT PRIMING 1,413.00 EACH 1,413.00

1.0000 0.0000 1.0000 1801 62811 GEAR SECTOR 176.00 EACH 176.00

1.0000 0.0000 1.0000 1801 W75006-28 SCREW SHLDER SOC HEAD 1.80 EACH 1.80

1.0000 0.0000 1.0000 1801 W79005 LOCKNUT FLEX TOP 3.90 EACH 3.90

1.0000 0.0000 1.0000 1801 PUMP PARTS 3,816.40 EACH 3,816.40

1.0000 0.0000 1.0000 1306 SHIPPING & HANDLING 558.78 EACH 558.78

1.0000 0.0000 1.0000 1380 SUBLET PARTS 25,459.28 EACH 25,459.28

STEERING BOX PARTS

LOWER CONTROL ARM ASSY

TIE ROD ENDS

POWER STEERING HOSES

ENGINE OIL PAN & FILTERS
LOWER LEFT AND RIGHT TAK 4 A ARMS

1.0000 0.0000 1.0000 1385 SUBLET LABOR 20,011.76 EACH 20,011.76

1. REPLACE STEERING BOXES.

2. REPLACE LOWER CONTROL ARM
ASSY.

Quotation continued on next page ...

PGCC 10-5-2022

Jul 26, 2022 2
Hi-Tech EVS, Inc.

Jul 26, 2022
Qty.

Ord.

Qty.

Shp.

Qty.

B/O Item Number Description Unit Price UOM Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
14652 10220 BENR 1
171177
PO Box 1616
Oakdale, CA 95361-1616
US
Phone: (209) 847-3042
Fax: (209) 847-2110
City of Monterey Fire Department
25 Ryan Ranch Rd
Monterey, CA 93940-5703
US
City of Monterey Fire Department
25 Ryan Ranch Rd
Monterey, CA, 93940-5703
US

3. REPLACE TIE ROD ENDS AND
ADJUST.

4. REPLACE POWER STEERING HOSES
AS NEEDED.

5. REPLACE ENGINE OIL PAN AND
FILTERS.

6. REPLACE LOWER LEFT AND RIGHT
TAK 4 A ARMS.

7. PROGRAM ECM.
**************************************************

1.0000 0.0000 1.0000 1310 FUEL 222.62 EACH 222.62

1.0000 0.0000 1.0000 1390 TRANSPORT 345.00 EACH 345.00
102.000 0.0000 102.0001340 LABOR 165.00 HOUR 16,830.00

1. PUMP SHIFT PROBLEMS:

SHIFTED FROM ROAD TO PUMP, GEAR
BOX GRINDS.

DROPPED FRONT AND REAR

DRIVELINES,

DISCONNECTED PRIMER AND HYD

PUMP OFF
BACK OF GEAR BOX. REMOVED GEAR

BOX, WATER
IN GEAR BOX OIL. TOOK GEAR BOX
APART,

ORDERED PARTS AND PUT GEAR BOX
BACK

TOGETHER WITH ALL NEW BEARINGS,
SEALS,

GASKETS, AND ORINGS ON LOWER
END. REPLACED

BAD SHIFT FORK, SECTOR GEAR, TAIL
SHAFT
AND MAIN DRIVE GEAR.

2. REPACKED PUMP.

3. REMOVED/REBUILT TANK TO PUMP
VALVE.

Quotation continued on next page ...

PGCC 10-5-2022

Jul 26, 2022 3
Hi-Tech EVS, Inc.

Jul 26, 2022
Qty.

Ord.

Qty.

Shp.

Qty.

B/O Item Number Description Unit Price UOM Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
14652 10220 BENR 1
171177
PO Box 1616
Oakdale, CA 95361-1616
US
Phone: (209) 847-3042
Fax: (209) 847-2110
City of Monterey Fire Department
25 Ryan Ranch Rd
Monterey, CA 93940-5703
US
City of Monterey Fire Department
25 Ryan Ranch Rd
Monterey, CA, 93940-5703
US

4. MODELED AND LASER CUT COVER
PLATES.

5. CHANGED OUT DEPARTMENT

SUPPLIED
PRESSURE GOVERNOR.

6. CHANGED OUT PULL PRIMER TO

ELECTRIC
PRIMER.

7. FRONT WANDERS WHILE DRIVING:

INSPECTED FRONT END. FOUND

LOOSE TIE RODS

AT CENTER LINK AND LEFT SIDE INNER
AND
OUTER.
**************************************************

PIERCE PUMPER
S/N: 17678
UNIT: 6414
MILEAGE: 118938
HR METER: 12931
** Thank you for your Business **
Tax Summary:
75,304.54
72,077.18

0.00 3,227.36
AVATAX 3,227.36
Subtotal
Total sales tax
Total order
Comments:

Order Discount 0.00
Less
Included Tax
PGCC 10-5-2022

ORDINANCE NO. 22-____

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE AMENDING THE APPROVED BUDGET FOR THE FISCAL YEAR 2022-23 FACTS

1. The City Council approved the Fiscal Year 2022-23 Budget on June 15, 2022.

2. It is customary to amend the budget to adjust revenues and expenditures to reflect updated information since the adoption of the Fiscal Year 2022-23 Budget.

3. The City Manager is recommending amendments to the FY 2022-23 Budget to reflect the City Council’s goals for the fiscal year budget.

4. The Council has determined it is appropriate to amend the approved budget for FY 2022-23.

5. Pursuant to Charter Article 15, an amendment of the budget must be approved by ordinance,

6. A summary of the Ordinance, approved by the City Attorney, was published on __________.

7. In the enactment of this ordinance, the City followed the guidelines adopted by the State of California and published in the California Code of Regulations, Title 14, Section 15000, et seq.

8. Enactment of this ordinance action does not constitute a “project” as defined by California Environmental Quality Act (CEQA) Guidelines Section 15378 because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

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

SECTION 1. The foregoing Facts are adopted as findings of the City Council as set forth fully within the body of this ordinance.

SECTION 2. The revenue and expenditure budget for the following funds is amended, as stated herein, which by this reference are incorporated as set forth in its entirety.

Increase/Decrease
Expenditures
1 General Fund $86,601
PGCC 10-5-2022

SECTION 3. The Fiscal Year 22/23 estimated fund balances are based on preliminary information; and adjusted for this amendment, are referenced herein:

Fiscal Year 22/23 Estimated Ending Fund Balance, After Proposed Budget Amendments Beginning Fund Balance
FY 22/23
(1)
Revenue
FY 22/23
Expenditures
FY 22/23
Preliminary Estimated
Ending Fund Balance
FY 22/23
1 General Fund $ 10,054,161 $30,380,119 $30,564,738 $ 9,869,542 (1) Reflects estimated beginning fund balance. Final numbers will not be available until the end of September due to accruals. Preliminary information for Fiscal Year 22/23 is indicating that revenues will exceed expenditures.

SECTION 4. In accord with Article 15 of the City Charter, this ordinance shall become effective upon adoption hereof.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this ______ day of ______________, ______, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:
________________________
BILL PEAKE, Mayor
ATTEST:
_________________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_________________________________
BRIAN A. PIERIK, City Attorney
PGCC 10-5-2022

Agenda No. 8 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Nick Smith, Councilmember
MEETING DATE: October 5, 2022
SUBJECT: 2022 CalCities Annual Conference Report
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive report.

DISCUSSION
On September 7-9, I attended the CalCities Annual Conference 2002 in Long Beach, California.

During the conference, I attended a number of lectures and courses related to city governance and policy. Topics included: land use, CEQA, affordable housing, equity, ethics, and municipal litigation.

The courses covered leading-edge issues facing cities statewide with broad relevance to some of the issues we face here in Pacific Grove.

The CalCities conference is also a great opportunity to network with other local leaders from our region and service providers. I attended the CalCities Monterey Bay Division luncheon. I also had the opportunity to visit the expo area and meet some of our service providers.

I am grateful for the opportunity to attend this conference and apply important points I learned in my Council service.

OPTIONS
n/a
FINANCIAL IMPACT:
n/a
GOAL ALIGNMENT: Not Applicable.

PGCC 10-5-2022

Agenda No. 8 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Ben Harvey, City Manager
MEETING DATE: October 5, 2022
SUBJECT: Report from Attendance at 2022 League of California Cities and International City/County Management Association Conferences.

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

RECOMMENDATION
Receive the report.

DISCUSSION
This past month, I attended both the 2022 League of California Cities (League) and the International City/County Management Association (ICMA) conferences. The League Conference took place in Long Beach, California and the ICMA Conference was held in Columbus, Ohio. As has been the case for some time, both conferences were a combination of educational seminars, issue discussion forums, professional networking opportunities and municipal vendor displays. Attendees at the League Conference are a mixture of elected officials and appointed employees, while the ICMA Conference is comprised of City and County executive officers, assistants and deputies - as well as those graduate students who aspire to serve in these roles. Participation at both conferences is beneficial for continuing education purposes, emerging issue awareness/understanding, reinforcement of best practices, and consultation and interaction with professional colleagues from across the state (League) and country (ICMA).

OPTIONS
N/A; receive the report.

FINANCIAL IMPACT:

Funding for City Manager attendance at both the League and ICMA Conferences was allocated for within the City's adopted Fiscal Year 22-23 budget.

GOAL ALIGNMENT: Not Applicable.

PGCC 10-5-2022

Agenda No. 9 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Ben Harvey, City Manager
MEETING DATE: October 5, 2022
SUBJECT: Ratification of New Local Emergency Actions
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive report of emergency directives/modifications.

DISCUSSION
The City Manager during this Local Emergency is authorized to directly mitigate effects of the Local Emergency to protect life or property.

This report apprises the City Council of emergency directives taken under the continuing local emergency proclaimed by Resolution 20-007. This report fulfills the City Council’s review obligation under that Resolution and Government Code 8630. This agenda item also enables ratification of select actions taken since the City Council’s last review.

City expenditures for legal services related to COVID-19 issues (specifically to related to COVID 19-COM (Communications); COVID 19-TRN (Training); COVID 19-LAW (Legal Support); and COVID-19 (Other)) are eligible for State and Federal Emergency Service reimbursement, including but not limited to FEMA or other emergency grant funding.

Actions not subject to Ratification. Since the time of the revised Monterey County Shelter in Place Order issued Friday, April 3, 2020, the City Manager has taken the following new or modified actions pursuant to the Emergency Proclamation:

None to report at this time.

No action is necessary with respect to the above new or modified measures, as each is responsive to requirements of the revised Monterey County Shelter in Place Order falling within the regular management discretion of the City Manager.

Actions subject to Ratification. Certain mitigation measures that have been enacted by the City Manager in response to the Monterey County Shelter in Place Order issued Friday, May 8, 2020, and in accord with Council’s Local Emergency under Article 19, subparagraph l, of the Pacific Grove City Charter, and Chapter 3.20 of the Pacific Grove Municipal Code (PGMC), are subject to ratification.

Any mitigation measures that qualify are subject to ratification as required by Government Code 8630 and City Council Resolution 20-007, and are listed below:

PGCC 10-5-2022

and City Council Resolution 20-007, and are listed below:

1. None to report at this time.

Discussion of Circumstances Needing Emergency Response. The discussion part of this item allows comment on circumstances which may benefit from further or different emergency responses. Matters identified will be referred to the City Manager for appropriate consideration in accord with the Emergency Management System protocols set by PGMC Chapter 3.20. These delegate exclusive emergency management response authority to the City Manager.

CEQA Exemption. Actions taken to prevent or mitigate an emergency are exempt from CEQA pursuant to section 15260 of the CEQA Guidelines.

OPTIONS
Actions not subject to ratification are reported for information only.

FINANCIAL IMPACT:

There is no financial impact in receiving the report.

GOAL ALIGNMENT: Not Applicable.

PGCC 10-5-2022

Agenda No. 9 B

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: October 5, 2022
SUBJECT: Renew a Contract with 4LEAF, Inc. for Building Services CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Authorize the City Manager to renew a Contract with 4LEAF, Inc. for Building Services, including and not limited to, building permit issuance, building inspection services, building plan review services with Building Official oversight, and response not to exceed $928,000.

DISCUSSION
In September of 2019, the City was authorized by City Council to enter into a contract with 4LEAF, Inc. (4LEAF) for building permit issuance, building inspection services, and building plan review services with Building Official oversight and response. The agreement was signed for three years, expiring September 30, 2022, and had a provision to automatically renew for an additional three years to September 30, 2025 unless terminated by either party. As the City has recently updated its Professional Services Agreements in July, staff is bringing forward the renewal to Council for review and approval.

This agreement is recommending a contract with a "do not exceed" amount in the FY 22/23 budgeted amount of $928,000 and billed based on a percentage of plan review fees and staff augmentation costs (hourly costs). Staff will track progress on the 4LEAF agreement through verifying hourly costs and the cost recovery of 70% for plan review fees.

Since that time, the City's experience with 4LEAF has been positive, as has feedback from the community, contractors, developers and other members of the public who regularly interface with 4LEAF personnel within the City's Community Development Department. In February 2021, City Council authorized Amendment #1 to the original 2019 4LEAF Agreement for continued contract building division services.

Building division work and staffing is based primarily on permit demand and building and construction activity has been consistently higher over the last several fiscal years. Major projects such as the P.G.

Hotel and 520 Lighthouse create additional demand for 4LEAF plan review services. Additionally, the City has seen increased demand to build Accessory Dwelling Units (ADU's) that require additional permitting. Since 2019, when the State streamlined ADU development through legislation, 103 final permits for ADU's have been issued. There have been a total of 152 ADU permit applications. The 4LEAF contract needs to be adjusted to reflect ongoing work and costs. Building permit fees both for 1) plan check; and, 2) building permit issuance and associated inspections, cover the cost of the service PGCC 10-5-2022

provided including related City overhead.

COVID increased construction activity
Since, the beginning of the COVID-19 pandemic starting in March 2020, the City's Community Development Department, has experienced increased building activity and reinvestment in the community.

Proposed Contract Renewal
Properly staffing the Building Division is vital to ensure that permits are not unnecessarily delayed, and property owners have incentive and low barriers to obtain a building permit in order to ensure construction is compliant with the current Building Code and safe.

The Contract (Attachment 1) includes scope of services and personnel assigned to conduct building services activities with the City reimbursing 4LEAF on a time and materials basis in an amount not to exceed $928,000. The Scope of Services includes: assignment of a City Building Official; building counter services staffed by two building permit technicians, one building inspector (International Code Council certified); building plan review services for private residential and commercial building projects and public works projects; inspection services for private residential and commercial building projects and Public Works projects; and additional building related, and civil engineering services requested by the CDD Director and/or City Manager.

The Contract will be effective October 5, 2022, if approved and with an auto-renew clause for three years. Contract costs may vary due to building permit activity, which is generally closely tied to overall development demands within the City.

One of 4LEAF's attributes in providing building & safety and related services is their ability to scale up, or scale down, as the City's needs require.

On April 20, 2022, a contract amendment was approved with 4Leaf, Inc. in the amount of $230,000 for services related to Interim Community Development Director, Tree Permit Audit, Senior Inspector, Planning Services, and Estimated Plan Check work for a large-scale project submittal. Additional large-scale projects, such as P.G. Hotel increase the need for staffing services to review, comment and correct plan documents. These costs are reimbursed to the City through fees paid by the applicant at the time of plan submittal.

The 4LEAF draft contract with the associated Fee Schedule is attached.

OPTIONS

Do not approve the contract renewal. This would result in building services ceasing and building permit applications would be redirected to Monterey County for processing for the remainder of the fiscal year which may result in a lower level of service.

1. Direct staff to explore the costs to provide building permit services by City staff including a Chief Building Official, Building Inspector, Building permit technician, and supplement the staffing as needed with a contract with 4LEAF or another vendor depending on building permit activity.

2. Direct staff to examine a contract with the another local government jurisdiction to provide building services similar to the City's prior contract with the City of Monterey.

3. FINANCIAL IMPACT:

The 4LEAF contract is budgeted in the FY 22/23 Adopted Budget for $928,000. This budgeted amount PGCC 10-5-2022

The 4LEAF contract is budgeted in the FY 22/23 Adopted Budget for $928,000. This budgeted amount is expected to accommodate the projected amount needed for 4LEAF services for FY 22/23.

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

Attachments
Draft 4Leaf Agreement
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Professional Services Agreement 07.19.2022

CITY OF PACIFIC GROVE

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICE AGREEMENT (“PSA”) FOR NON-CONSTRUCTION PROJECTS (“Agreement”), is made and effective as of October 5th, 2022, between the City of Pacific Grove (“City”), a municipal corporation and 4LEAF Inc, a corporation (“CONSULTANT”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
a. Initial Term. The initial term of this Agreement shall be from October 1, 2022 through September 30, 2025.
b. Automatic Renewal of Agreement for Three (3) Year Terms. i. Upon the conclusion of the initial Term and of each Term thereafter, this Agreement shall be automatically extended for additional three (3) year Terms unless either Party gives the other Party written notice of its intent to allow this Agreement to lapse.
ii. If either Party does not wish for this Agreement to be automatically extended for an additional Term pursuant to this section, that Party shall give the other Party written notice of its intent to allow the Agreement to lapse no later than the March 1 immediately preceding the end of that Term of the Agreement. Written notification of intent to allow the Agreement to lapse shall be in the form of a Resolution of the respective City Council and shall be provided to the City Manager of the affected City with duplicate notification to the Chief Building Official.
c. Termination. Notwithstanding Section 5.1 or Section 5.2 of this Agreement, either party may terminate this Agreement by providing six (6) months' written notification to the other party, and the term of this Agreement or any extension thereof shall be shortened accordingly. Written notification of termination shall be in the form of a Resolution of the respective City Council and shall be provided to the City Manager of the affected City with duplicate notification to the Chief Building Official. Upon termination of this Agreement, 4LEAF will deliver to Pacific Grove any City vehicles or equipment described in Article III herein, reasonable wear and tear excepted.

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Professional Services Agreement 07.19.2022

2. SCOPE OF WORK
CONSULTANT shall perform the tasks and services (“Services”) described and set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein as though set forth in full. CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. To the extent that Exhibit A is a proposal from CONSULTANT, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this Agreement unless specifically agreed to in writing.

3. PERFORMANCE
CONSULTANT shall at all times faithfully, competently and to the best of their ability, experience, and talent, perform all Services described herein. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting their obligations under this Agreement.

4. CITY MANAGEMENT
The City Manager, or their designee, shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the Scope of Work or change the compensation due to CONSULTANT. The City Manager shall be authorized to act on City’s behalf and to execute all necessary documents that enlarge the Scope of Work or change CONSULTANT’s compensation, subject to Section 6 hereof.

5. PAYMENT
a. The City agrees to pay CONSULTANT monthly, in accordance with the payment rates and terms and the Payment Schedule as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. The amount shall not exceed $928,000 annually for the term of the Agreement unless an additional payment is approved as provided in this Agreement.
b. The City Manager’s contract authority is limited to $39,999.99, which includes all costs. Contracts, including any contract amendments that exceed the total threshold, require City Council approval. Any contracts, including contract amendments that exceed the total threshold, which do not have City Council approval, shall be void. c. CONSULTANT shall not be compensated for any Services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager or the City Council. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and CONSULTANT at the time City’s written authorization is given to CONSULTANT for the performance of said services.

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d. CONSULTANT shall submit invoices monthly for actual Services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for Services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of CONSULTANT’s fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefore.

6. INSPECTION
City shall at all times have the right to inspect the work and materials. CONSULTANT shall furnish all reasonable aid and assistance required by City for the proper examination of the work and all parts thereof. Such inspection shall not relieve CONSULTANT from any obligation to perform said work strictly in accordance with the specifications or any modifications thereof and in compliance with the law.

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon CONSULTANT at least thirty (30) days prior written notice. Upon receipt of said notice, CONSULTANT shall immediately cease all Services under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to CONSULTANT the actual value of the Services performed up to the time of termination, provided that the Services performed are of value to the City. Upon termination of the Agreement pursuant to this Section, CONSULTANT will submit an invoice to the City pursuant to Section 6.

8. DEFAULT OF CONSULTANT
a. CONSULTANT’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating CONSULTANT for any Services performed after the date of default and can terminate this Agreement immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of Services hereunder arises out causes beyond the CONSULTANT’s control, and without fault or negligence of the CONSULTANT, it shall not be considered a default.
b. If the City Manager or designee determines CONSULTANT is in default in the performance of any of the terms or conditions of this Agreement, they shall cause to be served upon CONSULTANT a written notice of the default. The CONSULTANT shall PGCC 10-5-2022

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have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event CONSULTANT fails to cure its default within such period of time or fails to present City with a written plan for the cure of the default, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of Services under this Agreement. CONSULTANT shall maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. If there is a substantial billing deviation adverse to City, then the cost of an audit shall be borne by CONSULTANT. Such records, together with supporting documents, shall be maintained for a period of five (5) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Services to be performed pursuant to this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of CONSULTANT.

With respect to computer files, CONSULTANT shall make available to City, at CONSULTANT’s office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. CONSULTANT hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by CONSULTANT in the course of providing the Services under this Agreement.

10. RECORD AUDIT
In accordance with Government Code, Section 8546.7, for expenditures of greater than $10,000, records of both City and CONSULTANT shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

11. INDEMNIFICATION AND DEFENSE
Indemnity
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To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless City and any and all of its officers, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of CONSULTANT, its officers, agents, employees or subconsultants (or any City or individual that CONSULTANT shall bear the legal liability thereof) in the performance of Services under this Agreement. CONSULTANT’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence.

Duty to defend
In the event City, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the Services encompassed by this Agreement, and upon demand by City, CONSULTANT shall defend City at CONSULTANT’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and City, as to whether liability arises from the sole or active negligence of the City or its officers, employees, or agents, CONSULTANT will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as solely or actively negligent.

CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

12. INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this Agreement.

13. INDEPENDENT CONSULTANT
a. CONSULTANT is and shall at all times remain as to City a wholly independent consultant and/or independent contractor. The personnel performing the Services under this Agreement on behalf of CONSULTANT shall at all times be under CONSULTANT’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT’s officers, employees, or agents, except as set forth in this Agreement. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of City. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to CONSULTANT in connection with the performance of this Agreement. Except for the fees paid to CONSULTANT as PGCC 10-5-2022

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provided in the Agreement, City shall not pay salaries, wages, or other compensation to CONSULTANT for performing Services hereunder for City. City shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing Services hereunder.

14. LEGAL RESPONSIBILITIES
CONSULTANT shall keep itself informed of State and Federal laws and regulations that in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. CONSULTANT shall at all times observe and comply with all such laws and regulations. City, and its officers, employees, and agents shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this Section.

15. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure was used against or in concert with any officer, employee or agent of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer, employee or agent of City has or will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee or agent of CONSULTANT, in connection with the award of this Agreement or any Services to be performed as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.

16. NO BENEFIT TO ARISE TO CITY OFFICERS AND EMPLOYEES
No officer, employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services performed under the Agreement during their tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement.

17. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
a. All information gained by CONSULTANT in performance of this Agreement shall be considered confidential and shall not be released by CONSULTANT without City’s prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided CONSULTANT gives City notice of such court order or subpoena.
b. CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for PGCC 10-5-2022

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admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City, unless City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless CONSULTANT is prohibited by law from informing City of such Discovery.

City retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to CONSULTANT in such proceeding, CONSULTANT agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. c. If City determines CONTRACTOR comes within the definition of Contractor under the Political Reform Act (Government Code §87100 et seq.), CONTRACTOR shall complete and file and shall require any other person doing Work under this Agreement to complete and file a “Statement of Economic Interest” with CITY disclosing CONTRACTOR’s and/or such other person’s financial interests.

18. DISCRIMINATION
CONSULTANT agrees that in the performance of this Agreement, neither CONSULTANT nor any person acting on CONSULTANT’s behalf shall discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, genetic information, marital status, sexual orientation, sex, gender identity, gender expression, military or veteran status or age.

19. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, by first class mail, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City:

City of Pacific Grove
300 Forest Avenue
Pacific Grove, CA 93950
Attention: City Clerk
To CONSULTANT: 4LEAF, Inc
Kevin Duggan
2126 Rheem Drive
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Pleasanton, CA 94588
Notice is effective on the date of personal service, or 5 days following deposit in a United States mailbox, or date of postmark. The parties may agree to service by email.

20. THIRD PARTY BENEFICIARIES
Nothing contained in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.

21. ASSIGNMENT
CONSULTANT shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of CITY. Because of the personal nature of the Services to be rendered pursuant to this Agreement, only CONSULTANT shall perform the Services described in this Agreement. CONSULTANT may use assistants, under their direct supervision, to perform some of the Services under this Agreement.

22. LICENSES
At all times during the term of this Agreement, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the Services described in this Agreement. CONSULTANT shall obtain a valid City Business License and shall maintain said Business License for the term of this Agreement and any extensions.

23. GOVERNING LAW
City and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in Monterey County, or federal district court with jurisdiction over City. CONSULTANT agrees not to commence or prosecute any dispute arising out of or in connection with this Agreement other than in the aforementioned courts and irrevocably consents to the exclusive personal jurisdiction and venue of the aforementioned courts.

24. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to their obligations described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. No amendment shall be valid unless in writing, executed by both parties.

25. DISPUTE RESOLUTION; ATTORNEY’S FEES
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CONSULTANT shall continue to perform under this Agreement during any dispute.

CONSULTANT and 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.

26. WORK SCHEDULED/TIME OF COMPLETION
City and CONSULTANT agree that time is of the essence in this Agreement.

27. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of CONSULTANT warrants and represents that they have the authority to execute this Agreement on behalf of the CONSULTANT and have the authority to bind CONSULTANT to the performance of its obligations hereunder.

28. 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.

29. SEVERABILITY
If any term of this Agreement is held invalid by a court of competent jurisdiction or arbitrator the remainder of this Agreement shall remain in effect.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF PACIFIC GROVE CONSULTANT
By: By:

Department Director Consultant
Date: Date:

By: ___________________________ By: ____________________________ City Manager or Mayor City Administrative Services Department Date: ___________________________ Date: ___________________________ Approved As To Form:

City Attorney
_______________________________
Date
Attachments: Exhibit A Scope of Services
Exhibit B Payment Schedule
Exhibit C Insurance Requirements
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EXHIBIT A

SCOPE OF SERVICES

SCOPE OF SERVICES AND STAFF FUNCTIONS
4LEAF shall provide the following Building Department staff functions:
• Building Official
• Plans Examiners
• Building Inspectors
• Public Works Inspectors
• Technical counter assistance
• Administrative assistance
• On-call civil engineering
4LEAF shall provide the following services:

1. Building Official:
• An ICC certified Building Official shall be available during all hours of operation, except for normal absences.
• Staff meetings with the Pacific Grove staff to coordinate all inter-department interactions as needed.

2. Building Counter Services:
• Weekday counter hours. There shall be ICC certified Building Inspectors/CounterTechnicians available at City Hall trained to issue building permits. Staff shall be available by phone to answer questions during all hours of operation.
• Plan check applications received during hours specified. • Plans routed to all appropriate departments.
• Money collected for building related activity.
• Permits issued during hours specified.
• Respond to public inquiries on the phone and in person.

3. Plan Review Services:
• Plan review services under the direction of ICC certified plan reviewers. This also includes coordination with all applicable Monterey County outside agencies (water, health, air pollution, sewer, source, etc.).
• Provide plan review for conformance to regulations contained in Pacific Grove's PGCC 10-5-2022

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adopted codes.
• Provide applicant or designee with a list of plan check correction comments to achieve conformance with Pacific Grove's adopted codes. • Expedited plan reviews available with prior approval. • Provide all necessary liaisons with applicant or designee regarding plan check comments.
• Perform review ofrevisions to plans that have been previously approved for permit issuance.
• Plan check turnaround times to be specified.

4. Building Inspection Services:
• Manage all aspects of Building inspection services such as scheduling with 24-hour lead time.
• Local inspectors are preferred
• All inspectors shall be ICC certified.
• Ensure compliance with approved plans and applicable codes. • Emergency response 24/7. All responders will be ICC certified inspectors. A list of inspectors will be provided to dispatch for afterhours response. • After hours, weekends and holiday emergency inspections available with 72- hour minimum notice and prior approval.
• Respond and report as required to Building Code violations or any other code enforcement matter upon request.
• Conduct 8-12 inspections per day at an average of 45 minutes per inspection.

5. Public Works Inspection Services:
• In coordination with Public Works provide inspection services with 24-hour lead time for:
o Street opening permits;
o Driveway and sidewalk permits;
o Temporary encroachment permits;
o Permanent underground and permanent aboveground encroachment permits; and
o Storm water field inspections as part of issued permits.

6. Public Works and Planning Permit Review:
• Permit plan review by a P.E. for:
o Grading;
o Public right of way improvements;
o Post-construction storm-water controls in compliance with the City's NPDES permit;
o Subdivision; and
o On-call surveyor.

7. Miscellaneous Services Performed by Consultant:

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• Assist with address change processes and clerical support related to Building Department activity.
• Staff available to attend Pacific Grove City Council and site review meetings, code enforcement hearing or any other board or commission meeting as needed. • Firm to set up and provide fax or electronic permits for all approved over-thecountertype permits. • Prepare and submit monthly building activity reports to the City and other appropriate agencies.
• Train City staff on building service matters as needed. • Any other building service requested by the City Manager.

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EXHIBIT B

PAYMENT SCHEDULE
2022-2023 FEE SCHEDULE & BASIS OF CHARGES
For the City of Pacific Grove
All Rates are Subject to Basis of Charges

NATURE OF BUILDING SERVICES COST STRUCTURE
Plan Review & CASp Services Plan Review Percentage Cost: 70% Plan Review Hourly Cost: $120 Non-Structural Review
$145 Structural Review
*Percentages excludes Civil & Fire plan review, which is billed on an hourly basis.
*Fee includesinitial review and two (2) rechecks. Hourly charges apply after three (3) or more rechecks.
*Fee includesshipping, courier, and electronic service.

Fee Structure for Personnel
Interim Chief Building Official .......................................................................................................................... $148/hour Senior Combination Building Inspector (Building Inspector III)............................................................... $120/hour Commercial Building Inspector (Building Inspector II)............................................................................... $115/hour Residential Building Inspector (Building Inspector I).................................................................................... $98/hour Code Enforcement Officer................................................................................................................................. $102/hour Senior Code Enforcement Officer.................................................................................................................... $118/hour Administrative Support........................................................................................................................................ $65/hour Permit Technician................................................................................................................................................. $75/hour Senior Permit Technician.................................................................................................................................... $85/hour Permit / Counter Manager.................................................................................................................................. $96/hour On-Site Structural Plan Review Engineer........................................................................................................ $145/hour On-Site Non-Structural Plans Examiner.......................................................................................................... $120/hour Civil Review............................................................................................................................................................ $155/hour PGCC 10-5-2022

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Fire Review............................................................................................................................................................. $155/hour Fire Inspector I....................................................................................................................................................... $110/hour Fire Inspector II..................................................................................................................................................... $120/hour Fire Prevention Officer........................................................................................................................................ $148/hour Fire Protection Engineer..................................................................................................................................... $180/hour Public Works Inspector....................................................................................................................................... $155/hour CASp Inspection / Review................................................................................................................................. $155/hour Project Inspector/Inspector of Record............................................................................................................ $145/hour OSHPD Inspection / Review............................................................................................................................ $145/hour Traffic Engineer..................................................................................................................................................... $190/hour Principal Planner.................................................................................................................................................... $165/hour Senior Planner........................................................................................................................................................ $155/hour Associate Planner.................................................................................................................................................. $135/hour Assistant Planner................................................................................................................................................... $110/hour Planning Technician ............................................................................................................................................. $98/hour Project Manager..................................................................................................................................................... $160/hour Director................................................................................................................................................................... $175/hour Principal-in-Charge............................................................................................................................................... $185/hour Hourly overtime charge per inspector.............................................................................................................. 1.5 x hourly rate Mileage (for inspections performed within the City).....................................................................................IRS Rate + 20% Rates will be communicated with the City Management at time of request. Rates will vary based on the qualifications and experience of the personnel. The rates listed in this fee schedule are valid for one (1) year from the effective date of contract.

Larger complex plan reviews can be negotiated to achieve the best possible pricing. 4LEAF has a proven track record of working with municipalities to provide expedited reviews with special discounted pricing when applicable.

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BASIS OF CHARGES
Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables. • All invoicing will be submitted monthly.
• Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments. • Most plan reviews will be done in 10 business days or less and 5 business days or less for rechecks. This is not inclusive of holidays or the day of the pick-up of plans. • Expedited reviews will be billed:
- Scenario #1 (Applicant requested): at 1.5x the plan review fee listed in the Rate Schedule. - Scenario #2 (City requested): at no additional cost to the City. • Plan review of deferred submittals & revisions will be billed at the hourly rates listed the Rate Schedule.
• All plan review services will be subject to a $250.00 minimum fee if percentage-based fee or two (2) hour minimum charge if hourly rates apply.
• All plan review services are billed on a percentage basis and includes the initial review and two (2) rechecks.
- Plan reviews will be billed on an hourly basis only after the initial review and two (2) rechecks unless otherwise agreed upon on a case-by-case basis.

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- Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage.
• 4LEAF assumes that these rates reflect the 2022-2023 contract period. • Overtime and Premium time will be charged as follows:
- Nighttime (work begun after 4PM or before 5AM) 1.125x hourly rate - Overtime (over 8-hour M-F or Saturdays) 1.5x hourly rate - Overtime (over 8 hours Sat or 1st 8-hour Sun) 2x hourly rate - Overtime (over 8 hours Sun or Holidays) 3x hourly rate • Overtime will only be billed with prior authorization of the Chief Building Official, Public Works Director, or other responsible designated City personnel. • All work with less than 8 hours of rest between shifts will be charged the appropriate overtime rate.
• In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular time rate for each missed meal or rest break due to Client- directed tasks or requirements. Client should allow 4LEAF’s non-exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift.
• If 4LEAF is requested or otherwise required to conform to Client’s alternative work week schedule (“AWW”), Client hereby agrees to compensate or reimburse 4LEAF for all overtime paid to its employees who work an AWW.
- If 4LEAF’s affected employment group approves an AWW election and the same is registered, the overtime compensation/reimbursement shall not be required.
• Mileage driven during Inspections will be charged at cost plus 20%. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge.
• Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts.
• Client agrees that 4LEAF’s liability will be limited to the value of services provided.

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Professional Services Agreement 07.19.2022

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting CONSULTANT’s indemnification of City, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and CONSULTANT agrees to maintain continuous coverage through a period no less than three (3) years after completion of the Services required by this Agreement.

Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and PGCC 10-5-2022

Professional Services Agreement 07.19.2022
• Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, his agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it.

The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by CONSULTANT or City will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, City may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.

CONSULTANT hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the City to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

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Professional Services Agreement 07.19.2022
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, employees, agents, and volunteers shall be additional insureds under such policies.

This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the City and CONSULTANT may renegotiate CONSULTANT’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

Timely notice of claims. CONSULTANT shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

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Professional Services Agreement 07.19.2022
Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

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Agenda No. 11 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Joseph Sidor, Contract Planner
MEETING DATE: October 5, 2022
SUBJECT: Appeal of Coastal Development Permit (CDP) 22-0125 for 120 17th Street, APN 006-153-010
CEQA: Categorical Exemption, CEQA Guidelines Section 15303, Class 3, Construction or Conversion of Small Structures

RECOMMENDATION
City Council deny the appeal, find the project categorically exempt per CEQA Guidelines Section 15303, and approve Coastal Development Permit 22-0125, subject to the required findings and recommended conditions of approval.

DISCUSSION
Project Description
The proposed project involves the construction of an 827 square foot one-story detached accessory dwelling unit (ADU) with a 34 square foot covered entry porch, associated site improvements, and demolition of an existing shed and deck area.

Background and Summary of Appeal Contentions
The Planning Commission (PC) considered the project at the July 14, 2022, public hearing, and voted unanimously (6 yes, 0 noes, and 1 absent) to approve the project (PC Permit attached). On July 15, 2022, the appellant submitted a timely appeal (attached) of the Planning Commission’s decision to approve the Coastal Development Permit (CDP). The appellant contended that the project, as approved, did not comply with Pacific Grove Municipal Code (PGMC) sections 23.90.80 and 23.90.180 regarding lot coverage, that the site plan was not complete or accurate and did not fully comply with the requirements of the CDD Submittal Checklist. The appellant also contended that the City should have required submittal of a landscape plan per PGMC section 23.90.60(a)(1)(b). In response to these contentions, CDD staff requested the applicant submit a revised site plan and project datasheet (both attached) to clearly identify the project's conformance with applicable development standards and regulations, including building and site coverage.

CDD staff determined that the submitted application materials, as revised, satisfy the checklist requirements necessary for the proposed project. Not all items listed on the checklist are applicable or required for every project. In this case, the submitted application materials provided sufficient information to determine whether the project complies with relevant/applicable policies and development standards.

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Regarding the contention related to the requirement for a landscape plan, the CDD application checklist only requires submittal of a landscape plan for multifamily residential or non-residential projects. Also, PGMC section 23.90.160.B.2 only requires a landscape plan for projects that may impact public views. The proposed project involves a one-story structure on an interior lot. CDD staff reviewed LUP Figure 4 (Scenic Areas), aerial and street view imagery, and conducted a site visit on May, 17, 2022, and determined the site and proposed development are not within a designated scenic view area or corridor, and would not adversely impact public views. Therefore, in this case, a landscape plan is not required or warranted.

Site Description
The 3,600 square foot interior parcel is located between 17th and 18th Streets, and is currently developed with a 973 square foot one-story single-family residence (main dwelling). The property is located in the Coastal Zone, in an archaeologically sensitive area, in the City's Area of Special Biological Significance, and the property is listed on the City's Historic Resources Inventory (HRI).

Surrounding Land Uses
The parcel is located in an area consisting of small- and medium-sized, one- and two-story residences in the Pacific Grove Retreat residential neighborhood. The adjacent properties on either side of the subject site are developed with one- and two-story residences.

Applicable General Plan Policies
The neighborhood is designated Medium Density Residential with an allowed density of 10-20 dwelling units per acre. The Pacific Grove General Plan provides a framework for future growth and development within the City. The Land Use Element includes goals and polices that call for the orderly, well-planned, and balanced development, consistent with the historic nature of Pacific Grove, the capacity of the City’s infrastructure, and ability to assimilate new growth. This proposed residential project is consistent with applicable General Plan policies, including the following:

Chapter 2, Land Use
Policy 2: Ensure that new development is compatible with adjacent existing development.

Policy 4: Continue to preserve Pacific Grove’s character and regulate development.

Chapter 3, Housing
Policy 8: Strive to provide the City’s share of the region’s housing needs.

The policies above are implemented through the R-3-PGR zoning district which allows single- and multiple-family development in areas with adequate public services.

Applicable Land Use Plan Policies
The Pacific Grove Land Use Plan (LUP), certified on March 11, 2020, provides a framework for future growth and development within the City's Coastal Zone. The subject residential neighborhood is designated Medium Density Residential with an allowed density of 10-20 dwelling units per acre in LUP Figure 6. The proposed residential project is consistent with applicable LUP policies, including the following:

DES-1: All new development shall be consistent with requirements of the certified Local Coastal Program, including the certified Land Use Designations figure (Figure 6).

LUD-6: Allowed uses for Coastal Zone areas designated MHD 10-20.

CRS-6: All proposed development actions, including City public works projects, shall be consistent with maintaining the current scale and character of the Pacific Grove Retreat.

CRS-8: Design review shall be required as part of the Coastal Development process in order to maintain PGCC 10-5-2022

historical continuity and visual harmony of new development within the Pacific Grove Retreat and other neighborhoods in the Coastal Zone.

Applicable Zoning Code Regulations
As proposed, the project complies with the zoning regulations and development standards set forth in Pacific Grove Municipal Code (PGMC) Chapters 23.26 (R-3-PGR), 23.90 (Coastal Implementation Plan or IP), and 23.80 (ADU Ordinance). This includes, but is not limited to, height, setbacks, building and site coverages, and gross floor area. Per PGMC section 23.90.180.C.2.c, Off-Street Parking, the property satisfies the requirement for lots 2,701 square feet or greater to have at least one off-street parking space. As proposed, the project would retain one uncovered parking space in front of the ADU.

The applicant provided a Project Data Sheet (attached) indicating the development standards of the zoning district, existing conditions, and proposed conditions.

Coastal Development Permit (CDP)
An application was filed with the Community Development Department (CDD) on May 2, 2022. The application submittal is consistent with PGMC section 23.90.060. Findings and related conditions of approval are included in the draft resolution (attached). Due to the scope (i.e., new construction), the proposed project is not eligible for the standard residential CDP exemption per PGMC section

23.90.040.A, and CDD staff forwarded a CDP Determination to the California Coastal Commission on May 5, 2022.

Architecture and Design Consideration
The proposed project would allow the construction of an 827 square foot one-story detached accessory dwelling unit (ADU). As proposed, the project would be compatible with the neighborhood comprised of small- and medium-sized, one- and two-story residences of varying architectural styles, alignments, and scales. The proposed ADU will use exterior colors and materials that will blend with the surrounding natural street scape (i.e., off-white horizontal wood siding, light green wood trim, painted wood windows and doors, and dark gray metal roof). As designed, the facade avoids large blank areas facing the street and the project would not result in any adverse visual impacts. The architectural style, materials and site design are in substantial conformance with the IP's Residential Design Standards in PGMC 23.90.180(c)(2). Off-street parking is not required because the project involves construction of an ADU located in a residential neighborhood, and the residential parking needs in the area do not conflict with public parking needs.

Lighting
Exterior lighting shall comply with LUP Policy DES-6, and is required as a condition of approval.

Archaeological Resources
Per PGMC section 23.90.200, Cultural Resources, the application includes a Phase 1 Preliminary Archaeological Assessment (January 28, 2022) and a Phase II Subsurface Testing (March 14, 2022), both reports prepared by qualified archaeologists (Susan Morley, Registered Professional Archaeologist, and Brenna Wheelis). The reports determined that no potentially significant resources are present in the project area and that the potential for adverse impacts to cultural resources is low. Although no significant cultural resources were identified or observed on the subject property, the archaeologists recommended cultural resources sensitivity training for construction personnel, and monitoring during all ground-disturbing activities. The project is conditioned to in include these recommendations and to address inadvertent discovery of human remains or cultural artifacts.

Historic Resources
As noted above, the property is currently listed on the City's Historic Resources Inventory (HRI).

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However, per State law and PGMC section 23.80.060(f), Historical Protections, historic review is only required if a property is listed on the California Register of Historic Resources. Therefore, in this case, submittal of an historic report is not required.

Biological Resources
Per PGMC section 23.90.170, Biological Resources, CDD staff reviewed LUP Figure 5, Land Habitat Sensitivity Map, aerial imagery, and conducted a site inspection on May 17, 2022. This review determined the proposed development would not have the potential to affect biological resources or environmentally sensitive habitat area (ESHA), and that the site is not within 100 feet of ESHA. The area of proposed development is covered by non-native grass and ice plant. LUP Figure 5 identifies the site as having a low habitat value, and the property is a previously-developed site in a residentially zoned district surrounded by residential structures and 18th Street. As designed and conditioned, the project will not impact natural habitats or resources; therefore, in this case, submittal of an initial site assessment for biological resources is not required or warranted.

Stormwater
Per PGMC section 23.90.150, Water Quality and Marine Resources, the City did not require a water quality assessment because the proposed new development is under 2,500 square feet of new site coverage, and will fall within the City’s Municipal Permit.

Coastal Hazards
Per PGMC section 23.90.140, Coastal Hazards, CDD staff reviewed LUP Figure 3 (Coastal Hazards and Areas of Potential Sea Level Rise), aerial and topographic imagery, and conducted a site visit on May, 17, 2022, and determined the site and proposed development would not be subject to coastal hazards over its lifetime. The parcel’s topographic elevation is approximately 63 feet above mean sea level.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
In reviewing this action, the City has followed the CEQA statute adopted by the State of California as published in the California Public Resources Code, Division 13, §21000, et seq., and the California Code of Regulations, Title 14, §15000, et seq. (i.e., CEQA Guidelines). The proposed project is found to be categorically exempt under CEQA Guidelines Section 15303, Class 3, New Construction, which allows construction of new, small structures including second dwelling units in a residential zone. The proposed project is consistent with the General Plan, and the neighborhood within which the project is located is not environmentally sensitive. The exceptions to exemptions in Section 15300.2 of the CEQA Guidelines pertaining to location, cumulative impacts, significant effects, scenic highways, hazardous waste sites, and historical resources do not apply to this project. Specifically, in this case, the project would not cause a substantial adverse change in the significance of a historical resource.

OPTIONS

1. Approve the appeal of the Planning Commission's decision and deny the proposed project.

2. Direct the applicant to revise the proposed project subject to Council direction.

FINANCIAL IMPACT:

The proposed project would have no impact on the City's fiscal operations.

GOAL ALIGNMENT: Increase Affordable Housing: Determine policies, projects and programs that will advance the effort to create new affordable housing in the City.

Attachments
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Draft Resolution
Appeal Form & Supplemental Letter
Application
CDP Application & Checklist
Project Data Sheet
CEQA Exemption Form
Planning Commission Permit dated July 14, 2022
Plan Set
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RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE APPROVING FILE NUMBER CDP 22-0125 FOR THE DEVELOPMENT OF AN ACCESSORY DWELLING UNIT AT 120 17TH STREET
FACTS

1. The applicant proposes construction of an 827 square foot one-story detached accessory dwelling unit with a 34 square foot covered porch, associated site improvements, and demolition of an existing shed and deck area.

2. The subject site is located at 120 17th Street, Pacific Grove, 93950; APN 006-153-010.

3. The approximately 3,600 square foot project site has an existing 973 square foot onestory single-family residence, 80 square foot shed, and 180 square foot deck.

4. The subject site has a land use designation of Medium High Density Residential (10-20 du/ac) in the adopted City of Pacific Grove Coastal Land Use Plan (LUP Figure 6).

5. The project site is located in the R-3-PGR zoning district.

6. The property is located in an archaeologically sensitive area (per LUP Figure 7), in the City’s Area of Special Biological Significance (ASBS), within the Coastal Zone, and listed on the City’s Historic Resources Inventory (HRI).

7. Per PGMC § 23.90.140, Coastal Hazards, Community Development Department (CDD) staff reviewed LUP Figure 3 (Coastal Hazards and Areas of Potential Sea Level Rise), aerial and topographic imagery, and conducted a site visit on May, 17, 2022, and determined the site and proposed development would not be subject to coastal hazards over its lifetime. The parcel’s topographic elevation is approximately 63 feet above mean sea level.

8. Per PGMC § 23.90.150, Water Quality and Marine Resources, the City did not require a water quality assessment because the proposed new development is under 2,500 square feet of new site coverage, and will fall within the City’s Municipal Permit.

9. Per PGMC § 23.90.160, Scenic Resources, CDD staff reviewed LUP Figure 4 (Scenic Areas), aerial and street view imagery, and conducted a site visit on May, 17, 2022. This review determined the site and proposed development are not within a designated scenic view area or corridor, and would not adversely impact public views.

10. Per PGMC § 23.90.170, Biological Resources, CDD staff reviewed LUP Figure 5, Land Habitat Sensitivity Map, aerial imagery, and conducted a site inspection on May 17, 2022. This review determined the proposed development would not have the potential to affect biological resources or environmentally sensitive habitat area (ESHA), and that the site is not within 100 feet of ESHA. The area of proposed development is covered by non-native grass and ice plant. LUP Figure 5 identifies the site as having a low habitat value, and the property is a previously-developed site in a residentially zoned district surrounded by residential structures and 18th Street. As designed and conditioned, the project will not impact natural habitats or resources; therefore, in this case, submittal of an initial site assessment for biological resources is not required or warranted.

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11. Per PGMC § 23.90.200, Cultural Resources, the application includes a Phase 1 Preliminary Archaeological Assessment (January 28, 2022) and a Phase II Subsurface Testing (March 14, 2022), both reports prepared by qualified archaeologists (Susan Morley, Registered Professional Archaeologist, and Brenna Wheelis). The reports determined that no potentially significant resources are present in the project area and that the potential for adverse impacts to cultural resources is low. Although no significant cultural resources were identified or observed on the subject property, the archaeologists recommended cultural resources sensitivity training for construction personnel, and monitoring during all ground-disturbing activities. The project is conditioned to in include these recommendations and to address inadvertent discovery of human remains or cultural artifacts.

12. The City’s Planning Commission reviewed the proposed project at a noticed public hearing on July 14, 2022, and unanimously approved CDP 22-0125.

13. On July 15, 2022, the appellant submitted a timely appeal of the Planning Commission’s decision.

14. The project has been determined to be Categorically Exempt per CEQA Guidelines Section 15303, Class 3, New Construction, and the exceptions to the exemptions in Section 15300.2 of the CEQA Guidelines do not apply.

FINDINGS
Coastal Development Permit Findings per PGMC Section 23.90.080

1. LCP Consistency. The project is consistent with the LCP (Local Coastal Program).

The project meets the requirements of the LCP including, but not limited to, the applicable Coastal Resource Protection Standards (PGMC § 23.90.130) of the Implementation Plan (IP) and the Biological, Cultural, Scenic, and Community Design policies of the Land Use Plan (LUP). These standards and policies are addressed further in the following findings.

2. Public Views. The project protects or enhances public views.

Per LUP Figure 4, Scenic Areas, the project site is not located within a designated Scenic View Area or view corridor. As designed, the project would not impact public views and is consistent with the height and massing of buildings in the immediate vicinity of the project area.

3. Habitat Protection. The project protects vegetation, natural habitats, and natural resources consistent with the LCP.

Per LUP Figure 5, Land Habitat Sensitivity Map, the project site is identified as having a low habitat value, and the property is a previously-developed site in a residentially zoned district surrounded by residential structures and 18th Street. As designed and conditioned, the project will not impact natural habitats or resources and is consistent with the LCP, including PGMC § 23.90.170 regarding biological resources and/or environmentally sensitive habitat areas.

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4. Design Consistency. The design, location, size, and operating characteristics of the proposed development is consistent with applicable LCP design requirements, including design plans and area plans incorporated into the LCP.

The project conforms to all applicable LUP polices and IP community design standards (PGMC 23.90.180, Coastal Community Design).

5. Coastal Access. The project protects or enhances public access to and along the coast.

As designed, the project will have no effect on public coastal access to or along the coast.

6. Visitor Serving. The project supports the LCP goal of providing for visitor-serving needs as appropriate, including providing low and no cost visitor and recreational facilities.

The project includes development of an accessory dwelling unit and will have no visitorserving features, yet may qualify for a Short-Term Rental (STR) license given its location within the coastal zone. As of this date, there is no indication that the applicant intends to pursue an STR license.

7. Appropriate Use. The project is consistent with the allowed LCP uses associated with the property.

Per LUP Figure 6, the subject property has a Coastal Zone Land Use Designation of Medium High Density Residential 10-20 du/ac (MHD 10-20). LUP Policy LUD-6 identifies second housing units as an allowed use in areas designated MHD 10-20.

Therefore, the proposed use is consistent.

8. Coastal Resources. The proposed development protects or enhances coastal resources, where applicable.

The 3,600 square foot project site is currently developed with an existing 973 square foot one-story residence (main dwelling). As proposed and designed, the project will not impact coastal resources. See also previous Facts 7 – 11 and supporting information.

In approving the permit, the following conditions of approval are imposed and deemed reasonable and necessary to ensure that the approval will comply with the findings cited above.

CONDITIONS OF APPROVAL

1. Permit Expiration. This permit shall expire and be null and void if a building permit has not been applied for within two (2) years from and after the date of approval.

Application for extension of this approval must be made prior to the expiration date.

2. Conformance to Plans. Development and uses of the site shall conform to the approved plans prepared for the “Crumb ADU” project dated September 21, 2022, on file with the Community Development Department and to the Building Code, with the exception of any subsequently approved changes.

3. Construction Compliance. All construction shall occur in general compliance with the proposal as set forth in the application, subject to any special conditions of approval herein. Any deviation from approvals must be reviewed and approved by staff, and may require subsequent Architectural Review Board, Planning Commission, and/or City Council approval.

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4. Terms and Conditions. These terms and conditions shall run with the land and bind to all future owners and possessors of the subject property, unless amended. Amendments to this permit may be achieved only if an application is made and approved, pursuant to the Zoning Code.

5. Public Works, Fire and Building. Review and approval by the Public Works and Fire Department, and Building Division, are required prior to issuance of a building permit.

Any work taking place in the public right-of-way shall require an encroachment permit prior to issuance of the building permit.

6. Building Plans. All conditions of approval for the Planning permit(s) shall be printed on a full-size plan sheet and included with the construction plan set submitted to the Building Division.

7. Exterior Lighting. All exterior lighting must conform to LUP Policy DES-6.

8. Archaeology and Inadvertent Discovery. When human remains or other cultural artifacts are exposed, the Health and Safety Code § 7050.5 requires that no further excavation or disturbance occurs in the area and that the county coroner is called so that the coroner can verify that the remains are not subject to medical jurisprudence. Within 24 hours of notification, the coroner calls the Native American Heritage Commission if the remains are known or thought to be Native American. The Native American Heritage Commission selects the Most Likely Descendant (MLD) from a rotating list of MLDs.

The MLD has 24 hours to respond. All work will halt with a 50-yard radius until an osteologist can examine the remains, and a treatment plan for any said remains has been provided according to the MLD.

9. Cultural and/or Archaeological Artifacts. If such artifacts are unexpectedly discovered during ground disturbing activities, work shall be halted until the item(s) can be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation will be formulated, with the approval of the lead agency, and implemented prior to recommencement of work.

10. Archaeologist and Tribal Monitoring. A qualified archaeological monitor and Native American monitor shall be present to observe all ground disturbing activities of the project and to investigate and report on any unexpected findings.

11. Cultural Resource Sensitivity Training. Cultural resource sensitivity training led by a qualified archaeologist and a tribal cultural monitor shall be conducted prior to any ground disturbing activities and shall repeat with all new construction personnel on site throughout the life of the project.

12. Rental Period. Pursuant to PGMC section 23.80.050(c), the ADU may not be rented for a term less than 30 days.

13. Permeable Parking Surface. The proposed parking area must be composed of a permeable material.

14. Encroachment Permit. Per Condition of Approval No. 5 above, any work taking place in the public right-of-way shall require an encroachment permit prior to issuance of the building permit. If required, the applicant shall apply for an encroachment permit for the parking space access from 18th Street.

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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE:

1. The Council determines that each of the Facts and Findings set forth above is true and correct, and by this reference incorporates those Facts and Findings as an integral part of this Resolution.

2. The Council denies the appeal, and affirms the decision of the Planning Commission to approve CDP 22-0125.

3. The Council finds the project categorically exempt per CEQA Guidelines Section 15303, Class 3, New Construction, and finds that the exceptions to the exemptions in Section 15300.2 of the CEQA Guidelines do not apply.

4. The Council APPROVES this permit (Application No. 22-0125) to allow construction of an 827 square foot one-story detached accessory dwelling unit with a 34 square foot covered porch, associated site improvements, and demolition of an existing shed and deck area.

5. The required Findings and Conditions of Approval are hereby approved and incorporated herein by reference.

6. This Resolution shall become effective immediately following passage and adoption thereof.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this 5th day of October, 2022, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_______________________________
BILL PEAKE, Mayor
ATTEST:
_______________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_______________________________
BRIAN PIERIK, City Attorney
PGCC 10-5-2022

PGCC 10-5-2022

Anthony A. Ciani 220 Walnut Street Pacific Grove, California 93950

ARCHITECTURE - PLANNING - HISTORIC PRESERVATION - COASTAL CONSULTANT July 15, 2022
Joe Sidor, Planner
Community Development Department
City of Pacific Grove
300 Forest Avenue
Pacific Grove CA 93950
RE: SUPPLEMENT TO APPEAL OF CDP NO. 22–0125
120 17TH STREET, PACIFIC GROVE, CA 93950
Dear Joe,
This letter outlines reasons supporting my appeal of the above referenced Coastal Development Permit (CDP) as follows:
(1) The applicants plan set was insufficient lacking the minimum information required by PGMC 23.90.060 (a) and (a)(1) Application Submittal, and the “City of Pacific Grove Community Development Department Submittal Checklist”. Specifically, it failed to depict:
“Features in the right-of-way adjacent to the project site at the edge of street paving (curb cuts, curb, gutter, sidewalk, driveway approaches, utility poles, fire hydrants, water meters, etc.)”.
“Show the boundary of all driveways, parking pads, and back-up areas and dimension each. Indicate the type of surface and whether or not parking spaces are garage spaces, carport spaces, or uncovered parking pad spaces. If project involves a multi-family development or commercial project number all spaces and circle the last (highest) number. Label all walkways, patios, trash enclosures, water features, garden structures and other similar features (indicate height of features and type of building materials).

Please include the boundary areas of all patios and walkways and indicate the type of surface. Label all areas to remain unpaved, e.g., garden/planted areas, grass areas, etc.

Label all major site features such as rock outcroppings, dunes, swales and drainage patterns, and provide photo documentation of these features.” “Depict all cut and fill (including calculations), existing and proposed contours and grade changes, gradients of driveways, walkways, sidewalks, drainage, and all finished pad elevations.”
PGCC 10-5-2022

July 15, 2022
Joe Sidor, Planner
Community Development Department
RE: Appeal CDP No. 22-0125

Landscape Plan, [including]: All areas to be landscaped. Location, size and identification of each tree, shrub, ground cover and other landscape feature. All items on the Tree Plan requirements listed above. All property lines and street names. Location of existing and proposed walks, driveways, fences, pools, ponds, water features, retaining walls. Standards for class of irrigation pipe, depth of pipe and backflow preventers. Typical details of spray, ground cover, shrub, and tree irrigation installations.
2) Applicant’s plans are inaccurate and fail to indicate the entry walkway and steps to the house on 17th Street; the patio in the front yard on 17th Street; and the concrete walkway in the front yard on 17th Street that extends through the side yard on the north side of the lot. The plans failed to provide the dimensions for walkways and patio or the area calculations for those features. (PGMC 23.90.060 (a) and (a)(1) Application Submittal) 3) Applicant’s plans did not label or provide dimensions for the proposed parking place or depict and dimension the driveway to the parking place. The plans did not specify the material for the parking space or driveway or provide an area calculation for the parking space. (PGMC 23.90.060 (a) and (a)(1) Application Submittal) 4) Applicant’s failure to provide the information in items 1, 2 and 3 above, mislead the Planning Staff’s recommendation and the Planning Commission to make erroneous findings that the project complies with the City’s minimum site development requirements for the Coastal Zone, including to comply with maximum lot coverage per PGMC 23.90.180 (c)(2)(a); & PGMC 23.90.080 (a) & (d).
5) PGMC Section 23.90.180 (c)(2)(a) “In no case shall building coverage exceed 50 percent of total lot area, and in no case shall site coverage exceed 60 percent of total lot area.” Therefore, the allowable lot coverage is .6 x 3,600 SF = 2,160 SF Max. Applicant’s plans state:

SITE COVERAGE CALCULATIONS:

EXISTING
(E) HOUSE 973 SF
(E) SHED 80 SF TOTAL,
(E) 1,053 SF

PROPOSED
(P) HOUSE + ADU 1,800 SF
TOTAL, (P) 1,834 SF
(50,94% OUT OF TOTAL LOT AREA)
PGCC 10-5-2022

July 15, 2022
Joe Sidor, Planner
Community Development Department
RE: Appeal CDP No. 22-0125

However, Existing House (973 SF) + ADU (827 SF) + ADU Porch (34 SF) + Existing House Entry Walk and Steps (21 SF) + Existing House front and north side yard concrete walk (+/- 106 SF) + Existing House front yard concrete garden walls (=/- 18 SF) + Existing House Paved Rear Patio Area and walks (+/- 120 SF)1 + 10’x20’ Proposed Parking area (120 SF) = +/- 2,219 SF TOTAL SITE COVERAGE. 120 17th Street (Google street view) Front Yard Entry, Paving and Walks, etc.

In conclusion, complete and accurate architectural drawings (site plan and landscape plan) and data are required to address this issue. This issue was raised but not adequately addressed during the Planning Commission’s hearing of the matter on July 14, 2022, therefore, the Commission’s finding that the project complies with the policies and sections outlined above and complies with PGMC Section 23.90.080 Required Findings for CDP Approval - cannot be made.

Moreover, fail to require applicants to comply with the basic submittal checklist requirements and provide adequate information could set a precedent that would undermine the accuracy and creditability of the staff reports and Planning Commission’s decisions.

Therefore, I request the matter be returned to the Planning Commission for reconsideration of complete and accurate plans as outlined in the City’s Submittal Checklist. If that is not administratively possible, then please accept the attached appeal form.

Sincerely,
Anthony A. Ciani
Cc: Planning Commission
1 Estimated Area based on Google aerial view and as seen from street/north side yard PGCC 10-5-2022

PGCC 10-5-2022

PGCC 10-5-2022

CITY OF PACIFIC GROVE

COASTAL DEVELOPMENT PERMIT

APPLICATION & SUBMITTAL CHECKLIST
Instructions
Please submit a complete application packet including this form with all of the items checked below. If one or more of the items is not applicable to your project, please mark with “not applicable” or “n/a”. All exhibits must be clear, legible, and to scale where appropriate.

Incomplete applications will not be accepted for filing.

Checklist
This checklist is provided for the convenience of applicants in gathering necessary application materials. Additional material may be required prior to issuance of a Coastal Development Permit (CDP). For example, preliminary title reports, land surveys, biological/archaeological/botanical reports, restoration plans, and other reports or plans may be required based on the scope of the project.
 A completed standard City of Pacific Grove Community Development Planning Permit Application including the Indemnification Form signed by the applicant and property owner
 The Plan Set shall include: a Site Plan meeting the requirements of the Submittal Checklist Form; Architectural Elevations of all sides of the structure and including accessory buildings; (1) oblique street-view architectural rendering if the site is flat or a minimum of (2) views if the site is located in the Asilomar Dunes Residential Area (ADRA), including at least (1) view from Sunset Dr.; and a completed Project Data Sheet. Note that the installation of story poles and netting will be required during the public notice period.
 One (1) full-size (24” x 36”) scaled plan set, two (2) 11” x 17” scaled sets, and a digital set of plans (thumb drive, disc, or email). Please include digital versions of ALL of the application materials as part of your Electronic Submittal. Include a Vicinity Map on the site plan. Additional copies may be needed for hearings.  Required Technical Reports (biological/archaeological/botanical reports, geotechnical reports, grading plan, etc.)
 Filing Fee
 Project Description: (Describe the project in detail including secondary improvements such as grading, removal or alteration of septic tanks, roads, driveways, tree removal and/or pruning, accessory buildings, fences, etc. Attach additional pages as necessary) _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ ___________________________________________________________________ PGCC 10-5-2022

Pacific Grove – Coastal Development Permit Application & Submittal Checklist Page 2 of 5 March 2020
 Project Location: ___________________ Assessor Parcel No: _________________ (street address)
 Present Use of the property:

Are there existing buildings?  Yes  No If yes, please describe: ___________ _________________________________________________________________________ _________________________________________________________________________  Will any existing buildings be removed or demolished?  Yes  No If yes, please describe:
________________________________________________________________________ _______________________________________________________________________  Is the proposed development governed by a Development Agreement?  Yes  No  Has any application for development on this site been made in the past to the CA Coastal Commission or the CA Coastal Zone Conservation Commission?  Yes  No If yes, please list application #s: ____________________________________________  Coastal Access: Is the proposed development within the first public road and the sea or Monterey Bay?  Yes  No If yes, is there currently public access to the shoreline on or near the site? Please describe:
______________________________________________________________________ _______________________________________________________________________  Waters: Does the project involve diking, filling, draining, dredging or placing structures in open coastal or Monterey Bay waters, wetlands, or estuaries?  Yes  No If yes, state the amount of fill in cubic yards (cy) _________. What is the location of the fill receiving site? _____________________________________________________ Is an Army Corps (USACE) permit required?  Yes  No
 Will the project effect Public Access to and along the shoreline, either directly or indirectly (i.e., removing parking used for access to the beach)?  Yes  No If yes, describe the impact: _______________________________________________ _____________________________________________________________________  Please check the following Utilities that will need to be extended to the proposed development:
 Water  Sewer  Electrical  Natural Gas  Telephone
 Is the proposed development in or near the Asilomar Dunes Residential Area (ADRA)?  Yes  No If yes, additional technical reports will be required.

PGCC 10-5-2022

Pacific Grove – Coastal Development Permit Application & Submittal Checklist Page 3 of 5 March 2020
 Is the development within an Environmentally Sensitive Habitat Area (ESHA) including areas with state or federally listed rare, threatened, or endangered species, or candidate species?
 Yes  No If yes, additional technical reports will be required.  If the development is proposed to: a) alter a spring or stream in any way; or b) effect an existing well (either onsite or offsite), contact the Planning Department for additional requirements.
 Will the proposed development be visible from Sunset Drive or other mapped scenic resource areas?  Yes  No
 Include any Tree Removal or Pruning required (a separate permit may be required).

Note the number, size, species of tree (s), and whether heavy equipment will be necessary for tree project (refer to the Tree Permit requirements on City’s Public Works website)
 Is the development in or near a park or other recreation area?  Yes  No  Is this a City Public Works project or a project being undertaken by another public agency?  Yes  No If yes, please contact the Planning Division for additional requirements relating to grading, dredging, fill, use of heavy equipment, additional non-City permit requirements, etc.
 Will the development extend onto or adjoin any beach, tidelands, submerged lands, or public trust lands?  Yes  No If yes, please consult with Planning staff for additional requirements.
 If the site contains any of the following resources, attach an explanation:
 Buildings on the City’s Historic Resources Inventory (HRI) or more than 50 years old;
 Archaeological resources; and/or
 Paleontological resources
 Does the project include the development of new Lodging or the alteration of existing Low-Cost Visitor Accommodations and/or Recreation Facilities?  Yes  No If yes, describe how the project complies with the requirements of PGMC Sec.

23.90.220 _________________________________________________________ _________________________________________________________________

 Will the development provide public or private recreational opportunities?  Yes  No
PGCC 10-5-2022

Pacific Grove – Coastal Development Permit Application & Submittal Checklist Page 4 of 5 March 2020
 Is any Grading proposed?  Yes  No If yes, complete the following table:
a) Amount of cut: ___ cubic yards (cy)
b) Amount of fill: ___ cy
c) Amount of import or export: ___ cy
(circle which one)
d) Max. height of cut slope: ___ ft.
e) Max. Height of fill slope: ___ ft.
f) Location of borrow or disposal: ___ ft.

Note: grading, stormwater, and erosion control plans must be attached when applicable  If the project is multi-family residential, indicate:

Number of Units Total # of bedrooms per
unit (existing and
proposed)
Type of ownership
proposed
Existing # of
Units
Proposed # of
Units
Net # of units
upon
completion
 Rental
 Condo
 Stock Coop
 Timeshare
 Other
 Estimated cost of the proposed development (not including the cost of land) $_________  Parking and Utilities
Number of parking spaces required
Existing spaces Proposed new spaces Net # of spaces on completion of project
 Project Height: (Max. height of structure as defined in the IP: the vertical distance measured between the legally established existing grade and the top-most portion of development above existing grade, unless otherwise specified)
a. Above existing (natural) grade ___________ ft.
b. Above finished grade ____________ ft.
c. As measured from centerline of frontage road __________ ft.  Total # of floors in structure, including subterranean floors, lofts, and mezzanines _____  Gross Floor Area (GFA) in sq. ft. (includes garages and accessory buildings) __________ sq. ft.  Lot Area _________ sq. ft.

PGCC 10-5-2022

Pacific Grove – Coastal Development Permit Application & Submittal Checklist Page 5 of 5 March 2020
 If the project includes Subdivision or a Lot Line Adjustment, indicate:

Number of Lots Size of lots to be created (indicate
gross and net lots size)
Existing # of Lots Proposed # of Lots Net # of lots upon completion
Existing Proposed

 If the project is a Lot Line Adjustment or a request for Certificates of Subdivision Compliance, please provide the following:

1. “Creation documents” for all affected properties. These documents would include grant deeds or certain maps recorded prior to the effective date of the Coastal Act (Jan. 1, 1976) that include a legal description describing the property as it exists today;

2. A prelim. title report less than six (6) months old; and

3. Current grant deeds for each affected property.

PGCC 10-5-2022

[Rev. 01/14/14]

PROJECT DATA SHEET
Project Address: Submittal Date:

Applicant(s): Permit Type(s) & No(s):

REQUIRED/
Permitted
Existing
Condition
Proposed
Condition Notes
Zone District
Building Site Area
Density (multi-family projects only)
Building Coverage
Site Coverage
Gross Floor Area
Square Footage not counted towards
Gross Floor Area
Impervious Surface Area Created
and/or Replaced
Exterior Lateral Wall Length to be
demolished in feet & % of total*
_______ _______ ___ft/___%
Exterior Lateral Wall Length to be built _______ _______ Building Height
Number of stories
Front Setback
_______________Side Setback
(specify side)
_______________Side Setback
(specify side)
Rear Setback
Garage Door Setback
Covered Parking Spaces
Uncovered Parking Spaces
Parking Space Size
(Interior measurement)
9’ x 20’
Number of Driveways 1
Driveway Width(s)
Back-up Distance
Eave Projection (Into Setback) 3’ maximum
Distances Between Eaves & Property
Lines
3’ minimum
Open Porch/Deck Projections
Architectural Feature Projections
Number & Category of Accessory
Buildings
Accessory Building Setbacks
Distance between Buildings
Accessory Building Heights
Fence Heights
*If project proposes demolition to an HRI structure, also indicate % of proposed demolition of the surface of all exterior walls facing a public street or streets, if applicable. 120 17th Street ADAM JESELNICK ARCHITECT 04/01/2022 CDP R-3-PGR 3600 3600 27% 50% 973 1800 N/A N/A 560 SF 250 SF N/A 131 SF ADU 0 13'-4" ADU 1 1 - 5' NORTH 3' SOUTH 3'-6" N/A NO REAR YARD N/A0
1 10' X 20' 1 1
12' 10' N/A1' 2' N/A 1 1 DEMOLISH EXISTING STORAGE SHED 20'-6" 13'-4" 6' MAX.

PGCC 10-5-2022

 






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PGCC 10-5-2022

CITY OF PACIFIC GROVE
Community Development Department – Planning Division
300 Forest Avenue, Pacific Grove, CA 93950
T : 831.648.3183 • F : 831.648.3184 • www.ci.pg.ca.us/cdd COASTAL DEVELOPMENT PERMIT (CDP 22-0125) FOR A PROPERTY LOCATED AT 120 17TH STREET TO ALLOW CONSTRUCTION OF AN 827 SQUARE FOOT ONE-STORY DETACHED ACCESSORY DWELLING UNIT.

FACTS

1. The subject site is located at 120 17th Street, Pacific Grove, 93950; APN 006-153-010.

2. The subject site has a land use designation of Medium High Density Residential 10-20 du/ac (MHD 10-20) in the adopted City of Pacific Grove Coastal Land Use Plan (LUP Figure 6).

3. The subject site is located in the R-3-PGR zoning district.

4. The subject site is approximately 3,600 square feet in size, and is currently developed with a 973 square foot one-story residence (main dwelling).

5. The property is located in an archaeologically sensitive area (per LUP Figure 7), in the City’s Area of Special Biological Significance (ASBS), within the Coastal Zone, and listed on the City’s Historic Resources Inventory (HRI).

6. Per PGMC § 23.90.140, Coastal Hazards, Community Development Department (CDD) staff reviewed LUP Figure 3 (Coastal Hazards and Areas of Potential Sea Level Rise), aerial and topographic imagery, and conducted a site visit on May, 17, 2022, and determined the site and proposed development would not be subject to coastal hazards over its lifetime. The parcel’s topographic elevation is approximately 63 feet above mean sea level.

7. Per PGMC § 23.90.150, Water Quality and Marine Resources, the City did not require a water quality assessment because the proposed new development is under 2,500 square feet of new site coverage, and will fall within the City’s Municipal Permit.

8. Per PGMC § 23.90.160, Scenic Resources, CDD staff reviewed LUP Figure 4 (Scenic Areas), aerial and street view imagery, and conducted a site visit on May, 17, 2022. This review determined the site and proposed development are not within a designated scenic view area or corridor, and would not adversely impact public views.

9. Per PGMC § 23.90.170, Biological Resources, CDD staff reviewed LUP Figure 5, Land Habitat Sensitivity Map, aerial imagery, and conducted a site inspection on May 17, 2022. This review determined the proposed development would not have the potential to affect biological resources or environmentally sensitive habitat area (ESHA), and that the site is not within 100 feet of ESHA. The area of proposed development is covered by non-native grass and ice plant. LUP Figure 5 identifies the site as having a low habitat value, and the property is a previously-developed site in a residentially zoned district surrounded by residential structures and 18th Street. As designed and conditioned, the project will not impact natural habitats or resources; therefore, in this case, submittal of an initial site assessment for biological resources is not required or warranted.

10. Per PGMC § 23.90.200, Cultural Resources, the application includes a Phase 1 Preliminary Archaeological Assessment (January 28, 2022) and a Phase II Subsurface Testing (March 14, 2022), both reports prepared by qualified archaeologists (Susan Morley, Registered Professional Archaeologist, and Brenna Wheelis).

The reports determined that no potentially significant resources are present in the project area and that the potential for adverse impacts to cultural resources is low. Although no significant cultural resources were identified or observed on the subject property, the archaeologists recommended cultural resources sensitivity training for construction personnel, and monitoring during all ground-disturbing activities. The DocuSign Envelope ID: ECB52AFF-816F-4A76-8E52-8360B6EC339B PGCC 10-5-2022

project is conditioned to in include these recommendations and to address inadvertent discovery of human remains or cultural artifacts.

11. This project has been determined to be categorically exempt per CEQA Guidelines Section 15303, Class 3, New Construction, and the exceptions to the exemptions in Section 15300.2 of the CEQA Guidelines do not apply.

FINDINGS
For the Coastal Development Permit per PGMC Section 23.90.080

1. LCP Consistency. The project is consistent with the LCP. (Local Coastal Program) The project meets the requirements of the LCP including, but not limited to, the applicable Coastal Resource Protection Standards (PGMC § 23.90.130) of the Implementation Plan (IP) and the Biological, Cultural, Scenic, and Community Design policies of the Land Use Plan (LUP). These standards and policies are addressed further in the following findings.

2. Public Views. The project protects or enhances public views.

Per LUP Figure 4, Scenic Areas, the project site is not located within a designated Scenic View Area or view corridor. As designed, the project would not impact public views and is consistent with the height and massing of buildings in the immediate vicinity of the project area.

3. Habitat Protection. The project protects vegetation, natural habitats, and natural resources consistent with the LCP.

Per LUP Figure 5, Land Habitat Sensitivity Map, the project site is identified as having a low habitat value, and the property is a previously-developed site in a residentially zoned district surrounded by residential structures and 18th Street. As designed and conditioned, the project will not impact natural habitats or resources and is consistent with the LCP, including PGMC § 23.90.170 regarding biological resources and/or environmentally sensitive habitat areas.

4. Design Consistency. The design, location, size, and operating characteristics of the proposed development is consistent with applicable LCP design requirements, including design plans and area plans incorporated into the LCP.

The project conforms to all applicable LUP polices and IP community design standards (PGMC

23.90.180, Coastal Community Design).

5. Coastal Access. The project protects or enhances public access to and along the coast.

As designed, the project will have no effect on coastal access to or along the coast.

6. Visitor Serving. The project supports the LCP goal of providing for visitor-serving needs as appropriate, including providing low and no cost visitor and recreational facilities.

The project includes development of an accessory dwelling unit and will have no visitor-serving features, yet may qualify for a Short-Term Rental (STR) license given its location within the coastal zone. As of this date, there is no indication that the applicant intends to pursue an STR license.

7. Appropriate Use. The project is consistent with the allowed LCP uses associated with the property.

Per LUP Figure 6, the subject property has a Coastal Zone Land Use Designation of Medium High Density Residential 10-20 du/ac (MHD 10-20). LUP Policy LUD-6 identifies second housing units as an allowed use in areas designated MHD 10-20. Therefore, the proposed use is consistent.

DocuSign Envelope ID: ECB52AFF-816F-4A76-8E52-8360B6EC339B PGCC 10-5-2022

8. Coastal Resources. The proposed development protects or enhances coastal resources, where applicable.

The 3,600 square foot project site is currently developed with an existing 973 square foot one-story residence (main dwelling). As proposed and designed, the project will not impact coastal resources.

See also previous Facts 6 – 10 and supporting information.

PERMIT
Coastal Development Permit (CDP 22-0125) to allow construction of an 827 square foot one-story detached accessory dwelling unit with a 34 square foot covered porch, associated site improvements, and demolition of an existing shed.

CONDITIONS OF APPROVAL

1. Conformance to Plans. Development and uses of the site shall conform to the approved plans prepared for the “Crumb ADU” project dated May 18, 2022, on file with the Community Development Department and to the Building Code, with the exception of any subsequently approved changes.

2. Permit Expiration. This permit shall expire and be null and void if a building permit has not been applied for within two (2) years from and after the date of approval. Application for extension of this approval must be made prior to the expiration date.

3. Construction Compliance. All construction shall occur in general compliance with the proposal as set forth in the application, subject to any special conditions of approval herein. Any deviation from approvals must be reviewed and approved by staff and may require subsequent Planning Commission approval.

4. Terms and Conditions. These terms and conditions shall run with the land and bind to all future owners and possessors of the subject property, unless amended. Amendments to this permit may be achieved only if an application is made and approved, pursuant to the Zoning Code.

5. Building Plans. All conditions of approval for the Planning permit(s) shall be printed on a full-size plan sheet and included with the construction plan set submitted to the Building Division.

6. Public Works, Fire and Building. Review and approval by the Public Works and Fire Departments, and Building Division, are required prior to issuance of a building permit. Any work taking place in the public right-of-way shall require an encroachment permit prior to issuance of the building permit.

7. Exterior Lighting. All exterior lighting must conform to LUP Policy DES-6.

8. Archaeology and Inadvertent Discovery. When human remains or other cultural artifacts are exposed, the Health and Safety Code § 7050.5 requires that no further excavation or disturbance occurs in the area and that the county coroner is called so that the coroner can verify that the remains are not subject to medical jurisprudence. Within 24 hours of notification, the coroner calls the Native American Heritage Commission if the remains are known or thought to be Native American. The Native American Heritage Commission selects the Most Likely Descendant from a rotating list of MLDs. The MLD has 24 hours to respond. All work will halt with a 50-yard radius until an osteologist can examine the remains, and a treatment plan for any said remains has been provided according to the Most Likely Descendant.

9. Cultural and/or Archaeological Artifacts. If such artifacts are unexpectedly discovered during ground disturbing activities, work shall be halted until the item(s) can be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation will be formulated, with the approval of the lead agency, and implemented prior to recommencement of work.

DocuSign Envelope ID: ECB52AFF-816F-4A76-8E52-8360B6EC339B PGCC 10-5-2022

10. Archaeologist/Tribal Monitoring. A qualified archaeological monitor and Native American monitor shall be present to observe all ground disturbing activities of the project and to investigate and report on any unexpected findings.

11. Cultural Resource Sensitivity Training. Cultural resource sensitivity training led by a qualified archaeologist and a tribal cultural monitor shall be conducted prior to any ground disturbing activities and shall repeat with all new construction personnel on site throughout the life of the project.

12. Rental Period. Pursuant to PGMC section 23.80.050(c), the ADU may not be rented for a term less than 30 days.

13. Permeable Parking Surface. The proposed parking area must be composed of a permeable material.

14. Encroachment Permit. Per Condition of Approval No. 6 above, any work taking place in the public rightof-way shall require an encroachment permit prior to issuance of the building permit. The applicant shall apply for an encroachment permit for the parking space access from 18th Street.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PACIFIC GROVE:

1. The Planning Commission determined that each of the Findings set forth above is true and correct, and by this reference incorporates those Findings as an integral part of this Permit.

2. The Planning Commission approves CDP 22-0125 as conditioned and pursuant to a Class 3, Section 15303, CEQA categorical exemption for new construction.

3. This permit shall become effective upon the expiration of the 10-day appeal period.

4. This permit shall not take effect until the owner acknowledges and agrees to all terms and conditions and agrees to conform to and comply with those terms and conditions.

PASSED AND ADOPTED AT A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF PACIFIC GROVE ON THE 14TH DAY OF JULY, 2022, BY THE FOLLOWING VOTE:

AYES: Murphy, Sawyer, Aeschliman, Beck, Fredrickson, and Nodzenski NOES: None
RECUSED: None
ABSENT: Lilley
APPROVED:
_______________________________
Don Murphy, Vice Chair
The undersigned hereby acknowledge and agree to the approved terms and conditions, and agree to fully conform to, and comply with, said terms and conditions. ______________________________________________________________________ _________________________ Richard Mather Crumb, Trustee, Date
Crumb Family Trust dated August 25, 2021
DocuSign Envelope ID: ECB52AFF-816F-4A76-8E52-8360B6EC339B 7/22/2022
PGCC 10-5-2022

______________________________________________________________________ _________________________ Kerstyn H. Crumb, Trustee, Date
Crumb Family Trust dated August 25, 2021
DocuSign Envelope ID: ECB52AFF-816F-4A76-8E52-8360B6EC339B 7/22/2022
PGCC 10-5-2022

REVISION # 9/2/2022 SITE PLAN REVISION

TITLE SHEET
N.T.S.

A0
L
E
I
C TECT
A
HI
AR
D
CENS D
J
C
O
T
IF
A
CAL
TA
I NR O
F E
S

N I EL S MA
No. C33090
Renew 3/31/23
E
K
CONSTRUCTION TYPE: V-B
OCCUPANCY: R-3 / U
FIRE SPRINKLERS: YES
WATER: CAL AM
SEWER: MONTEREY ONE WATER

PROJECT DATA
SCOPE OF WORK:

BUILD A NEW 1-STORY ACCESSORY DWELLING UNIT INCLUDING A NEW LIVING ROOM. KITCHEN, BATHROOM AND 2 BEDROOMS. NEW WALKWAYS AND SITE IMPROVEMENTS.

VICINITY MAP
1 SCALE: N.T.S
TREE REMOVAL: NONE
GRADING: NONE

PROJECT DATA
ADDRESS: 120 17TH STREET,
PACIFIC GROVE, CALIFORNIA 93950
A.P.N. 006-153-010
YEAR BUILT 1910
ZONING R-3-PGR
OWNER: RICHARD AND KERSTYN CRUMB
120 17TH STREET
PACIFIC GROVE, CALIFORNIA 93950
PHONE: (802) 989.8314
EMAIL: [email protected]
ARCHITECT: ADAM JESELNICK ARCHITECT
24398 PORTOLA AVENUE
CARMEL, CA 93923
PHONE: (831) 620.5164 m
CONTACT: ADAM JESELNICK AIA
EMAIL: [email protected]

SHEET INDEX
A0 TITLE (PROJECT DATA AND SITE LOCATION)
A1 EXISTING AND PROPOSED SITE PLANS
A2 EXISTING AND PROPOSED FLOOR PLANS
A3 EXISTING AND PROPOSED ROOF PLANS
A4 PROPOSED ELEVATIONS

GENERAL NOTES

1. VERIFY ALL EXISTING DIMENSIONS AND CONDITIONS AT THE SITE; CONFIRM ANY VARIATIONS OR CONFLICTING OR MISSING DIMENSIONS OR DATA PRIOR TO COMMENCING WORK. USE WRITTEN DIMENSIONS ONLY; DO NOT SCALE DRAWINGS FOR THE PURPOSE OF DETERMINING A DIMENSION DURING CONSTRUCTION.

2. CONSTRUCTION DETAILS NOT SPECIFICALLY SHOWN ON THE DRAWINGS SHALL BE BUILT TO

CONFORM TO SIMILAR CONSTRUCTION, IN ACCORDANCE WITH THE BEST COMMON PRACTICE AND/OR MANUFACTURER'S SPECIFICATIONS FOR THE INSTALLATION OF THEIR MATERIALS OR ITEMS.

3. ALL CONSTRUCTION (MATERIALS, WORKMANSHIP & METHODS) SHALL COMPLY WITH TITLE 24 AND THE 2019 CALIFORNIA RESIDENTIAL BUILDING CODE (CBC); CALIFORNIA PLUMBING CODE (CPC),

CALIFORNIA MECHANICAL CODE (CMC), CALIFORNIA ELECTRICAL CODE (CEC), CALIFORNIA ENERGY CODE, FIRE CODE, AND CALGREEN; AND ALL LOCAL AMENDMENTS AS ADOPTED BY COUNTY ORDINANCE.

4. THE OWNER-CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR SAFETY ON THE JOB SITE AND MUST ADHERE TO ALL FEDERAL, STATE LOCAL AND O.S.H.A. SAFETY REGULATIONS.

5. DEMOLITION: CONFIRM ALL DEMOLITION REQUIREMENTS WITH THE OWNER. VERIFY WITH OWNER WHICH ITEMS, IF ANY, HE/SHE WISHES TO RETAIN FOR HIS/HER USE. ALL OTHER ITEMS TO BECOME PROPERTY OF THE CONTRACTOR AND ARE TO BE PROPERLY REMOVED FROM THE PREMISES. SEE DEMOLITION PLANS FOR ADDITIONAL INFORMATION.

6. THE OWNER-CONTRACTOR SHALL BE RESPONSIBLE FOR ALL BRACING AND SHORING REQUIRED DURING CONSTRUCTION UNTIL ALL CONSTRUCTION IS COMPLETE.

7. DO NOT STORE CONSTRUCTION MATERIALS, OR OPERATE CONSTRUCTION EQUIPMENT IN SUCH A MANNER THAT DESIGN LIVE LOADS OF THE STRUCTURES ARE EXCEEDED. DO NOT STORE CONSTRUCTION MATERIALS ON OVERHANGING FRAMING.

8. IF DURING THE COURSE OF CONSTRUCTION, CULTURAL, ARCHAEOLOGICAL, HISTORICAL, OR

PALEONTOLOGICAL RESOURCES ARE UNCOVERED AT THE SITE (SURFACE OR SUBSURFACE RESOURCES) WORK SHALL BE HALTED IMMEDIATELY WITHIN 50 METERS (150 FEET) OF THE FIND UNTIL A QUALIFIED PROFESSIONAL ARCHAEOLOGIST CAN EVALUATE IT. MONTEREY COUNTY - RMA PLANNING AND A QUALIFIED ARCHAEOLOGIST (I.E. AN ARCHAEOLOGIST REGISTERED WITH THE

REGISTER OF PROFESSIONAL ARCHAEOLOGISTS) SHALL BE IMMEDIATELY CONTACTED BY THE RESPONSIBLE INDIVIDUAL PRESENT ON-SITE. WHEN CONTACTED, THE PROJECT PLANNER AND THE

ARCHAEOLOGIST SHALL IMMIEDIATELY VISIT THE SITE TO DETERMINE THE EXTENT OF THE RESOURCES AND TO DEVELOP PROPER MITIGATION MEASURES REQUIRED FOR RECOVERY.

9. COORDINATE NEW UNDERGROUND ELECTRICAL SERVING WITH PG&E.

10. NEW FIRE SPRINKLERS TO BE INSTALLED UNDER SEPARATE PERMIT.

SITE COVERAGE CALCULATIONS:

EXISTING
(E) HOUSE 973 SF
(E) SHED 80 SF
(E) FRONT WALK WAY, PLANTER WALLS 24 SF
(E) SIDE WALK WAY 108 SF
(E) DECK 180 SF
(E) DRIVEWAY AND PARKING 493 SF
TOTAL, (E) 1,858 SF

PROPOSED
(P) HOUSE + ADU 1,800 SF
(E) FRONT WALK WAY, PLANTER WALLS 24 SF
(E) SIDE WALK WAY 108 SF
(N) ADU PORCH 34 SF
(N) PARKING SPACE 194 SF
TOTAL, (P) 2,160 SF
(60% OUT OF TOTAL LOT AREA)
SITE COVERAGE CALCULATIONS:

LOT SIZE 3,600 SF
MAX. ALLOWABLE FLOOR AREA = 1,800 SF (50%)
MAX. ALLOWABLE SITE COVERAGE = 2,160 SF (60%)
FLOOR AREA CALCULATIONS:

EXISTING
(E) HOUSE 973 SF
TOTAL, (E) 973 SF
(27,02% OUT OF TOTAL LOT AREA)

PROPOSED
(E) HOUSE 973 SF
(P) ADU 827 SF
TOTAL, (P) 1,800 SF
(50% OUT OF TOTAL LOT AREA) PROJECT LOCATION

EXISTING SITE PHOTOGRAPHS

BACK OF EXISTING HOUSE (VACANT LOT) FRONT OF EXISTING HOUSE (BACK) 9/21/2022 CRUMB ADU 120 17TH STREET PACIFIC GROVE, CALIFORNIA 93950 PGCC 10-5-2022

(P) COVERED
PORCH
34 SF 6'-0" 6'-6"
8'-0" 16'-0"
15'-11" 7'-6"
26'-1" 23'-6"
42'-0"
(P) ADU
827 SF
17'-6" 18TH STREET 17TH STREET
70'-0" 19'-7"
35'-0" 10'-6" 21'-11"
45'-6" 3'-6"
SIDE SETBACK 3'-0"
SIDE SETBACK 3'-0"
120'-0" 30'-0"
PROPERY LINE 120'-0'' PROPERY LINE 120'-0''
PROPERY LINE 120'-0'' PROPERY LINE 120'-0'' PROPERY LINE 30'-0'' PROPERY LINE 30'-0''

WALKWAY
CONC.

STEPS
24 SF

WALKWAY
CONC.
108 SF

PARKING SPACE
DECOMPOSED GRANITE 10'-0"
194 SF
20'-5"
(E)

CURB CUT
(E) RESIDENCE
973 SF
67'-6" 19'-7"
35'-0" 10'-6" 21'-11"
45'-6"
(E) DRIVEWAY

GRASS-BLOCK
PAVERS
493 SF
(E) BACK YAD
(E) PLANTER
(E) STORAGE
80 SF
(TO BE DEMOLISHED) 18TH STREET 17TH STREET
120'-0" 30'-0"
PROPERY LINE 120'-0'' PROPERY LINE 120'-0''
PROPERY LINE 120'-0'' PROPERY LINE 120'-0'' PROPERY LINE 30'-0'' PROPERY LINE 30'-0''

WALKWAY
CONC.

STEPS
24 SF

WALKWAY
CONC.
108 SF

PLANTER RAISED DECK
WOOD
180 SF
(TO BE DEMOLISHED)
51'-6"
15'-0" 12'-0" 8'-0"
10'-0" 2'-6"
2'-6"
(E) RESIDENCE
973 SF

EXISTING AND

PROPOSED SITE
PLANS
1/4" = 1'-0"
A1
PROPOSED SITE PLAN 2 SCALE: 1/4" = 1'-0"
1' 2' 4' 8'
9/21/2022 CRUMB ADU 120 17TH STREET PACIFIC GROVE, CALIFORNIA 93950 L E I C TECT A HI AR DCENS DJ C O T IF A CAL TA I NR O F E S N I EL S MA No. C33090
Renew 3/31/23 E K
EXISTING SITE PLAN 1 SCALE: 1/4" = 1'-0"
1' 2' 4' 8'
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RANGE

LIVING ROOM

KITCHEN
STUDY/ BR 2
BR 1

LINEN W/D
BATH
42'-0" 16'-0" 3'-0"
26'-1" 15'-11" 23'-6"
11'-9" 8'-9"
11'-3" 15'-0"
8'-1" 6'-0"
SHOWER
S.L.

S.L.

NO CHANGE
TO (E)

RESIDENCE
973 SF
HALL
12'-7" 22'-6"
5'-0"
SINK13'-3" 3'-8" ENTRY
PORCH
STEP
STEP

LANDING
3'-10"
3'-1"
5'-10" 7'-1"
8'-0" 3'-0" 3'-6"
(E) RESIDENCE
973 SF

VACANT AREA

EXISTING AND

PROPOSED

FLOOR PLANS
1/4" = 1'-0"
A2
PROPOSED FLOOR PLAN 2 SCALE: 1/4" = 1'-0"
1' 2' 4' 8'
5/18/2022 CRUMB ADU 120 17TH STREET PACIFIC GROVE, CALIFORNIA 93950 L E I C TECT A HI AR DCENS DJ C O T IF A CAL TA I NR O F E S N I SEL MA No. C33090
Renew 3/31/21 E K
EXISTING FLOOR PLAN 1 SCALE: 1/4" = 1'-0"
1' 2' 4' 8'
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6:12 METAL ROOF
6:12 METAL ROOF
2:12 METAL ROOF
1'-0"
1'-0" 1'-6" 1'-6"
1'-0"
S.L.

S.L.
2'-4" 2'-4"
2'-4" 2'-4"
44'-0" 19'-0" 26'-6" 7'-6"
12'-5"
31'-7" 1'-6"
7'-0" 9'-6" 2'-0"

RIDGE LINE RIDGE LINE

EXISTING AND

PROPOSED

ROOF PLANS
1/4" = 1'-0"
A3
PROPOSED ROOF PLAN 2 SCALE: 1/4" = 1'-0"
1' 2' 4' 8'
5/18/2022 CRUMB ADU 120 17TH STREET PACIFIC GROVE, CALIFORNIA 93950 L E I C TECT A HI AR DCENS DJ C O T IF A CAL TA I NR O F E S N I SEL MA No. C33090
Renew 3/31/21 E K
PGCC 10-5-2022

F.F. LEVEL
0'-0''
T.O. ROOF
12'-4''
T.O. PLATE
8'-0''
T.O. SILL
4'-6''
T.O. SILL
3'-6''
T.O.WINDOWS
7'-0'' PROPERY LINE PROPERY LINE
3'-6" 3'-0"
F.F. LEVEL
0'-0''
T.O. ROOF
12'-4''
T.O. PLATE
8'-0''
T.O. SILL
4'-6''
T.O. SILL
3'-6''
T.O.WINDOWS
7'-0'' PROPERY LINE
8'-0"
F.F. LEVEL
0'-0''
T.O. ROOF
12'-4''
T.O. PLATE
8'-0''
T.O. SILL
4'-6''
T.O. SILL
3'-6'' PROPERY LINE PROPERY LINE
3'-0" 3'-6"
T.O. PLATE
8'-0''
F.F. LEVEL
0'-0''
T.O. ROOF
12'-4''
T.O. SILL
4'-6''
T.O. SILL
3'-6''
T.O.WINDOWS
7'-0'' PROPERY LINE
8'-0"

PROPOSED

ELEVATIONS
1/4" = 1'-0"
A4
PROPOSED WEST (FRONT) ELEVATION 1 SCALE: 1/4" = 1'-0"
1' 2' 4' 8'
5/18/2022 CRUMB ADU 120 17TH STREET PACIFIC GROVE, CALIFORNIA 93955 L E I C TECT A HI AR DCENS DJ C O T IF A CAL TA I NR O F E S N I SEL MA No. C33090
Renew 3/31/21 E K
PROPOSED EAST (BACK) ELEVATION 3 SCALE: 1/4" = 1'-0"
1' 2' 4' 8'
PROPOSED NORTH (SIDE) ELEVATION 2 SCALE: 1/4" = 1'-0"
1' 2' 4' 8'
PROPOSED SOUTH (SIDE) ELEVATION 4 SCALE: 1/4" = 1'-0"
1' 2' 4' 8'
PGCC 10-5-2022

REVISION # --/-- ---

COLORS AND

MATERIALS
N.T.S.

A5 L E I C TECT A HI AR DCENS DJ C O T IF A CAL TA I NR O F E S N I SEL MA No. C33090
Renew 3/31/23 E K
5/18/2022 CRUMB ADU 120 17TH STREET PACIFIC GROVE, CALIFORNIA 93950 COLOR AND MATERIAL PALETTE 1 SCALE: N.T.S.

EXTERIOR

PAINTED WOOD WINDOWS

EXTERIOR WALL SURFACES

WOOD TRIM

SLOPED ROOF

STANDING SEAM METAL

EXTERIOR WALL SURFACES

HORIZONTAL V-RUSTIC WOOD SIDING

PATIOS, WALKWAYS

PERMEABLE PAVERS
COLOR: LIGHT GREEN COLOR: OFF-WHITE
PGCC 10-5-2022

Agenda No. 12 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Gho, Public Works Director / Deputy City Manager MEETING DATE: October 5, 2022
SUBJECT: PERC Water Extension
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION

1. Authorize an extension to the agreement with PERC Water for Operations & Maintenance of the Pacific Grove Local Water Project not to exceed 1 year (November 1, 2022 –October 31, 2022) at a monthly fixed cost of $26,188 and a flow based variable unit price of $247.24 per acre foot of influent

2. Authorize staff to begin contract negotiations with PERC Water and return to City Council no later than May 2023 with new negotiated contract terms

DISCUSSION
PERC Water Corporation (PERC) was founded in January 1998 as an entity that provides services from initial design through construction of wastewater treatment and recycling facilities, and long-term operations for wastewater and recycling projects. In August 2015, the City entered into an agreement with PERC for the final design and construction of the Local Water Project (LWP). In November 2017, the City entered into an Asset Management Services Agreement with PERC for the operations and maintenance of the LWP for a term of 5 years (Attachment 1).

The term of the original agreement is approaching expiration on October 31, 2022. Section 2, “Term,” of the agreement specifies that 9 months before the expiration of the operations period, PERC and the City will meet to discuss, in good faith an extension, upon the same terms and conditions of the Asset Management Services Agreement with such revisions as mutually agreed to by both parties.

In March 2022, City staff was approached by PERC and discussions began. The City requested PERC review their current operations and costs, as well as assess any operational efficiencies that could be implemented to decrease costs. Multiple discussion occurred with PERC. During these discussions, PERC shared those operational expenditures had increased to significant increases in costs associated with the process chemicals, labor, fuel, monitoring and sampling, and operational facets.

PERC originally proposed a flat fee for services. The flat fee service proposal equated to a 17.4% increase in cost. Due to the notable increase in costs, staff rejected this proposal.

PERC revised their proposal to include a payment scheme that mirrors the existing agreement, a PGCC 10-5-2022

monthly fixed fee with a flow-based variable based on influent. This proposal equates to a 9.7% increase in cost. This increase includes an escalation, based on the Rider Levett Bucknall Quarterly Construction Cost Report local to Los Angeles, which will go into effect in November based on the terms of the original agreement.

Fees Current Proposed Difference
Monthly
Difference
Annually
Monthly Service Fee $23,815.86 $26,188.00 $2,372.14 $28,465.68 Variable Unit Fee $231.50 $247.24 N/A $1,569.28*
Annual Cost $308,870.87 $338,905.82 N/A $30,034.95
*This cost estimate is based on the 2021 figure of 99.7 acre feet sold.

The LWP requires that the operations have a Grade IV Wastewater Certified Operator to oversee the plant. PERC has the qualifications, knowledge, necessary skills, insurances, and workforce to continue operations of the LWP, the City does not have this level of expertise.

City staff recommends continued operations at the fees noted above for 6 months to allow for the City and PERC to negotiate a new term to the existing agreement. If authorized by Council, City Staff will promptly begin negotiating terms for a new operations and maintenance agreement with PERC. Staff will return to the Council by May 2023, with the proposed negotiated terms for discussion and review.

At the time of review, the City Council could opt to accept the new terms with PERC or request staff to issue a Request for Qualifications (RFQ) for operations and maintenance. Bringing this forward to City Council in May of 2023, will grant staff with 6 months to negotiate with PERC and if negotiations are not successful, then staff will have 6 months to proceed through the RFQ process and solidify a new agreement with a vendor.

OPTIONS

1. Do nothing; This is not recommended as the City will not have an operator for the Local Water Project, and the plant will not be able to produce irrigation water for the golf course, cemetery, and lighthouse grounds.

2. Provide alternate direction.

FINANCIAL IMPACT:
$310,000 was allocated through the FY22/23 operating budget for the LWP operations & maintenance contract. It is anticipated that a $19,000 increase will need to be brought forward for a budget adjustment as part of the FY22/23 mid-year budget process to accommodate a portion of this increase.

The budget for the remaining increase for this annual extension will be included for City Council consideration as part of the FY23/24 budget process.

GOAL ALIGNMENT: City Asset Stewardship: Repair, maintain and improve City assets, including streets, sidewalks, sewer systems, buildings, and parks and trails.

Attachments
Operations Agreement
Extension Proposal
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17520 Newhope Street, Suite 180 Fountain Valley, CA 92708 | Office: 714.352.7750 | Fax: 714.352.7765 | www.percwater.com

August 29, 2022
Mr. Daniel Gho, Public Works Director
City of Pacific Grove
300 Forest Avenue
Pacific Grove, CA 93950
PERC Water Corporation (PERC Water) is pleased to provide this proposal to the City of Pacific Grove (City) to extend the current contract for the Operation Services of the Local Water Project.

PERC Water has provided operation and maintenance of the facility since startup completion in 2017.

The current contract included a term of five years and is approaching its expiration. Accordingly, we have initiated conversations with City staff to discuss contract extension. As requested, we have reviewed the current cost of operation in an effort to identify potential efficiencies. We have researched several cost saving measures with little success. The fee for the scope of service we currently provide is largely based on the cost of labor and, in the current labor market, cost of qualified operators has significantly increased. The increased cost of process chemicals has also contributed to the higher cost of operation. The current contract includes an escalation clause, which is intended to adjust the service fee annually in an effort to allow for inflation, however during these times when costs are rising in higher-than-normal rates it does not suffice. We have re-evaluated the cost of operation and are providing this proposed new pricing for the operation and maintenance of the Local Water Project.

Alternate Term Approach
During our recent discussion you suggested extending the Service Agreement for a one-year period (Nov. 1, 2022 to Oct. 30, 2023) to allow sufficient time for us, together with City staff, to evaluate all needs of the project and prepare a detailed all-inclusive cost budget for the coming three to five years.

This budget will provide a complete cost picture for the facility and allow for forward planning with confidence. PERC Water would be interested to discuss this approach in partnership with the City.

For the extended period (Nov. 1, 2022 to Oct. 30, 2023) we would propose a small fee increase to allow for inflation. We have provided the proposed fee schedule below for your consideration.

Monthly Fixed Fee $26,188
Annual Fixed Fee $ $314,256
Flow Based Variable Unit Price $247.24 per Acre Foot of all Influent PGCC 10-5-2022

City of Pacific Grove August 29, 2022
O&M of Pacific Grove Local Water Project Page 2 of 5
Scope of Service

PERC Water will operate the Local Water Project for the extended period per the Scope of Services as detailed below, including staffing the facility approximately six hours per day during weekdays and approximately two hours per day on weekends and holidays. • Operate, maintain and or remotely monitor the facility seven days per week, 24 hours per day. • Respond to alarms and callouts seven days per week, 24 hours per day with no more than 60 minute onsite response time if necessary.
• Communicate effectively with recycled water users at the Pacific Grove Golf Links and the City staff.
• Coordinate recycled water production and distribution with recycled water users • Provide certified operators as required by regulatory requirements • Provide sample collection and analysis for in-house process control. • Provide sample collection and transportation to Certified Lab for sample analysis for regulatory reporting. PERC Water will be using Monterey Bay Analytical Services for compliance sample analysis.
• Provide proper screening management and disposal.
• Manage WAS operations in compliance with Regional Water Pollution Control Agency (MRWPCA) requirements.
• Maintain and update Emergency Response Plan (ERP) Contingency Plan to address spills overflows and system failures annually. Provide copies of all plans to the City of Pacific Grove Public Works Department.
• Prepare and maintain site specific safety plan and adhere to Occupational Safety and Health Administration (OSHA) requirements. Adopt and implement an OSHA Compliance Plan. • Develop and implement Best Management Practices (BMPs) for the operation of the facility which will comply with all regulatory requirements.
• Purchase and manage the usage of chemicals required for the operation of the facility and the cleaning of the membranes.
• Maintain site security, including security alarms, entrance gates and proper signage. Verify alarm functionality monthly and confirm successful operation in the monthly Report of Operation.
• Maintain facility access for City personnel and Public Works Staff. Provide keys to the facility and security alarm codes as required.
• Maintain, update and store accessibly the Facility O&M Manual, Standard Operating Procedures (SOPs), site-specific log book, design plans, permits and all other documents specific to the facility including PERC Water’s Contract Operator Certification issued by the Office of Operator Certification.
• Operate the WRF in conformance with the original equipment manufacturer (OEM) recommendations and maintain the equipment warranties to maximize equipment life cycle. • Provide and establish a Computerized Maintenance Management Software (CMMS) program for all preventive, predictive and corrective maintenance for all facility equipment and structures.

PERC Water typically uses a computerized software program called e-Maint, a cloud based software product designed for Wastewater Utilities. We will provide access to the system for one designated City employee for transparency purposes.

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City of Pacific Grove August 29, 2022
O&M of Pacific Grove Local Water Project Page 3 of 5
• Perform PMs per OEM recommendations to maximize the life cycle of all facility equipment. PM costs are included in the Service Fee.
• Participate in annual budget process providing input for annual maintenance costs, repair, replacements, and capital improvements.
• Provide “out of scope” tasks as mutually agreed. Cost based on actual equipment material and sub-contractor costs, Operator standard hourly rate and a maximum 10% administrative fee. • Develop and maintain an all-inclusive asset inventory. • Develop, populate and maintain a CMMS program.
• Provide work orders per OEM recommendations and perform adequate operation and monitoring.
• Track all CMMS work orders and percent complete with a summary report to be included in the monthly report of operations.
• Work orders shall also be completed for buildings and hardscapes. • At all times keep the facility clean, neat and safe by removal and disposal of trash and debris including parking areas and perimeter fencing.

Monitoring, Reporting and Compliance
• Remote monitoring of critical alarms and processes (Operator in Charge, Chief Operator and Division VP).
• Arrange for sample collection, delivery, and analysis by ELAP Certified Lab. • Maintain a detailed site specific log book of all facility operation, maintenance and repair activities. Standard log book entries will include facility visitors, security issues, odor issues if any occur, communication with off takers (Golf Course, Cemetery, etc.). • Provide and maintain a laboratory quality assurance program as well as a laboratory manual including standard operating procedures.
• Provide a monthly report of operation to be presented to the City of Pacific Grove at a monthly in-person meeting and presented to City Council if desired. The Monthly report of operations shall include at a minimum:
o A detailed narrative summarizing the O&M activities that took place during the month. o All equipment repairs and preventive maintenance tasks. o Water quality data for the month and for the preceding twelve months for comparison purposes. Identify any constituents of regulatory concern and discussion of a plan of action to respond to the concerns.
o Disinfection effectiveness and log reduction graph.
o Monthly discharge schedules (Golf Course, Cemetery etc.). o Monthly power consumption and rolling twelve-month comparison – discussion on possible conservation opportunities
o Waste Activated Sludge discharged to MRWPCA including concentration and any other requirements of MRWPCA. Provide a rolling twelve-month comparison. o Visitor log and safety and security report.
o Membrane operational parameters and rolling twelve-month comparison to help estimate remaining membrane life.
o Facility maintenance summary.
o Work orders issued, completed, and remaining open.

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City of Pacific Grove August 29, 2022
O&M of Pacific Grove Local Water Project Page 4 of 5
o Equipment out of service.
o Reclaimed water production and irrigation use.
o Reclaimed water used by trucks.
o Status of all capital improvements, maintenance and repairs performed or coordinated during the month.
• Prepare and submit monthly and annual regulatory reports in accordance with the Waste Discharge Requirements (WDR) and Monitoring and Reporting Plan. Meet all reporting and monitoring requirements of the Central Coast Region Water Quality Control Board. Upload reports top Geotracker as required.
• Comply with all monitoring requirements of the Air Pollution Control District. • Provide alarm monitoring and response s needed with no more than 30 minute response time. • Prepare and submit quarterly and annual laboratory reports as required by applicable law. • Maintain monthly log of operation maintenance and laboratory analysis. • Maintain monthly odor complaints and callout response log. • Provide any additional reports required by law.
• Upon request provide any report required by City.
• Provide maintenance and operation of all monitoring equipment. • Provide calibration of all monitoring equipment annually at a minimum and accordance with all regulatory requirements.
• Provide verification of accuracy and calibration of analytic monitoring equipment in accordance with EPA State and Laboratory QA/QC Program.
• Provide an annual comprehensive assessment of facility equipment condition, projected life expectancy and estimated replacement cost of key equipment and components of each system.

Miscellaneous
• Maintain all site landscape.
• Maintain all documents, manuals, and reports in electronic format and available to the City of Pacific Grove through PERC Water Client Portal.
• Remove and dispose of all trash and debris on the site including parking lots. • Maintain storm water site compliance.
• Coordinate with City Staff to open, maintain and operate the recycled water storage and pickup station for commercial customers. PERC Water staff will check permits and licenses to ensure proper operation and monitoring of recycled water station and maintain all required records of recycled water distribution.

Project Needs
During the extended one-year term PERC Water will work in partnership with the City to evaluate the possibility and cost of increasing production to enhance the revenue stream generated by sale of reuse effluent. We have outlined a few examples below.

Plant Capacity
PGCC 10-5-2022

City of Pacific Grove August 29, 2022
O&M of Pacific Grove Local Water Project Page 5 of 5
The current facility capacity is 250,000 GPD. However, the diurnal flow in the supply does not provide 250,00 GPD. The overnight flow (12:00am to 6:00am) drops off significantly making it difficult to receive design capacity. Accordingly, we produce approximately 175,000 to 195,000 GPD. A solution is to add an equalization tank at the influent pump station allowing storage of influent flow from the sewer during the day and the ability to supplement lower influent flow overnight, thus increasing the supply capacity.

Membrane System Capacity
During recent communication with Koch Membrane Systems (KMS), it was confirmed the Facility’s membrane modules have an additional 25% capacity (75,000 GPD) as the existing system can accommodate the installation of additional membranes. This option will allow the facility to produce more reuse water for sale to increase the City’s revenue stream. The increased cost to produce this additional reuse water would be nominal and would not require any additional labor.

Spare parts inventory
PERC Water will work with City staff to create a comprehensive spare parts inventory. The spare parts will include instruments and mechanical parts (UV bulbs, sleeves and miscellaneous parts and instruments). A proper spare parts inventory will minimize equipment downtime and water production interruption.

Thank you for providing PERC Water with the opportunity to continue providing our O&M services to the City of Pacific Grove. We look forward to having the opportunity to work in partnership with you and your staff.

Sincerely,
PERC Water Corporation
Robert Nespeca, Vice President
PGCC 10-5-2022

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: Gaudenz Panholzer, Fire Chief
MEETING DATE: October 5, 2022
SUBJECT: Concept Review: New Fire Engine
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Provide direction to staff on whether to purchase an electric or diesel-powered fire engine and authorize the purchase.

DISCUSSION
The City of Pacific Grove presently owns two fire engines that are leased to the Monterey Fire Department to use under the contract for Fire Services between the cities of Pacific Grove and Monterey. One engine is a 2006 Pierce (with 119,000 miles on it) and is currently in front-line status.

The second engine is a 1997 Pierce (with 87,000 miles on it) that serves in reserve status.

Fire engine replacement cycles are driven by several factors including age, miles, and maintenance costs. An engine typically serves well for 15 years in front-line service and can be in reserve status for an additional 10+ years. Pacific Grove’s front-line engine is over 15 years old and has shown signs of having more significant maintenance costs (a ~$75,000 repair being the most recent). The reserve engine is 25 years old; because of its age, the reserve engine does not meet current safety and emissions standards. For these reasons it should be retired. Due to normal build time and compounded by supply-chain challenges, a new fire engine will not be delivered until about 24 months after a purchase contract is executed. In that time frame, the present two engines will have aged and incurred additional maintenance costs.

Electric Engine
Based on Council direction to look for opportunities to electrify the Pacific Grove fleet, staff has researched electric fire engines as an alternative to a conventional diesel-powered one. Electric fire engines are new with only a handful in service worldwide. Presently, two manufacturers have products ready for ordering. Rosenbauer, and Austrian manufacturer with production facilities in the United States, has an electric engine that has been in service in Europe and, most recently, has delivered one to the Los Angeles Fire Department. Pierce Manufacturing, a U.S. based fire apparatus manufacturer, has one engine in service in Maddison, Wisconsin, and has recently delivered one to Portland, Oregon. Both manufacturers’ engines have very little field use experience to be able to determine long-term viability.

The electric engines have comparable specifications (water tank size, pump capacity, driving range, PGCC 10-5-2022

etc.) as diesel engines that were evaluated. The units provide a diesel back-up to the battery to ensure adequate range and continued functionality on longer incidents. The technologies employed vary between the two manufacturers, but both rely on tested products in use in other large vehicle commercial applications. Electric vehicles inherently have lower maintenance and operational costs but, because large vehicle applications are still new, there may be unknown future challenges. The large capacity batteries have an anticipated life of 10 to 15 years and likely will cost over $100,000 to replace.

Should Council decide to pursue the purchase of an electric fire engine, staff believes that the Rosenbauer engine is the better option for Pacific Grove.

Diesel Engine
Pacific Grove’s current fire apparatus are all diesel powered. Similarly, the entire fleet used by the Monterey Fire Department is diesel powered. Current infrastructure and maintenance facilities are set up to support this fleet. A diesel engine will have a higher annual operations and maintenance cost than an electric engine.

OPTIONS

1. Direct staff to initiate the purchase of a conventional, diesel-powered fire engine.

2. Direct staff to initiate the purchase of an electric fire engine.

Direct staff to bring forward a financing agreement for the purchase of the fire engine from Community Leasing Partners

3. 4. Direct staff to issue a Request for Proposal for additional financing proposals

5. Provide alternate direction.

FINANCIAL IMPACT:

Staff has obtained a quote for a conventional diesel-powered fire engine and has asked for one for an electric fire engine. Both Pierce and Rosenbauer have not provided a firm quote on the electric engine as they are just now becoming available for their sales force. Both have said that they anticipate the cost to be in the $1.7M to $1.9M range. The quote for the diesel engine based on making the purchase using a purchasing cooperative (HGAC) is as follows:

One (1) Pierce Manufacturing, Inc. Enforcer 1500 GPM Pumper (HGAC Consortium Purchase – Contract FS12-19, Product Code FS19VC07) $ 857,371.02 100% Prepayment discount (46,669.43)
SUBTOTAL 810,701.59

8.75% Sales tax 70,936.39
California tire fee 10.50
TOTAL $ 881,648.48
If the Council were to opt to purchase the electric engine, there would be additional up-front costs to install the required charging system in the station. Staff estimates that that will be about $150,000 bringing the total cost to close to $2M.

Operational costs of a diesel engine can be expected to run about $15,000 per year (initially) for maintenance and repairs and current infrastructure can support the use of one. Over the life of the engine, those costs can be expected to increase. Fleet maintenance staff presently used by Pacific Grove are trained and equipped to provide the routine maintenance and other repair facilities are readily available for potential major repairs.

PGCC 10-5-2022

An electric engine will have reduced operational costs estimated to be $5,000 per year but will require substantial infrastructure modifications to the fire station to provide the necessary high-capacity charging system. Until more repair facilities for large electric vehicles are available, Pacific Grove would be dependent on the manufacturer’s service facilities for maintenance of electric drive-train components. Fleet maintenance staff would likely need additional training to provide some routine services. Some systems could involve increased future costs and the large battery will likely have to be replaced after 10 to 12 years at a substantial cost.

A 20-year projection of maintenance and operations costs that includes assumptions of increased maintenance costs in future years, annual inflation at 3%, and replacing the electric engine’s battery once during that time yields the following total cost for the 20-year period:

Electric engine - $343,300
Diesel engine - $477,800
The city previously set aside funds for the eventual purchase of a new fire engine; however due to the impacts of COVID-19 and changing priorities, the funds were transitioned back to the General Fund or allocated to capital projects. Staff has conducted preliminary research on options for financing the purchase of a new engine. The information included in Attachment 2 was provided by Community Leasing Partners (CLP), a lender that specializes in fire equipment financing. These rates include the following:

Gas-Powered Fire Engine
Seven, ten, and fifteen year lease-purchase financing, with payments beginning in August 2023. This includes scenarios with and without a down-payment.

Ten or fifteen year terms, with financing allocated over 9 or 14 years. The first payment would be due in August of 2024. This includes scenarios with and without a down-payment.

Electric-Powered Fire Engine
Ten-year options, with payments due in either August 2023 or August 2024. This also includes scenarios with and without a down-payment.
(At this time, CLP is not financing electric-powered fire engines beyond ten years. This is primarily due to restrictions on lending that are placed on new technologies.) The final interest rates may be dependent upon the financing source and changes in lending rates. A no-cost/no-obligation hold was previously placed on the ten-year option, with the first payment due in August of 2023. There are no documentation or closing fees associated with this proposal; however depending on the complexity of the agreement, the City Attorney may request a special bond counsel to review the final documents.

Interest rates recently increased due to actions made by the Federal Reserve. Staff is in the process of conducting additional research to review current lending rates. A formal RFP could also be issued; however there has been some discussion that the Federal Open Market Committee may increase the Federal Funds interest rates in November. This is likely to impact lending rates.

Funds have not been appropriated in the Fiscal Year 22/23 Budget for the purchase of a new fire engine or a down payment. A budget amendment will be needed for any additional appropriations in this fiscal year.

GOAL ALIGNMENT: Environmental Stewardship: Adopt and develop policies and ordinances that PGCC 10-5-2022

GOAL ALIGNMENT: Environmental Stewardship: Adopt and develop policies and ordinances that preserve and protect the environment.

Attachments
Proposal Package
Financing Options
PGCC 10-5-2022

goldenstatefire.com
7400 Reese Road
Sacramento, CA 95828
Office 916.330.1638
Fax 916.330.1649
September 15, 2022
Mr. Gaudenz Panholzer, Fire Chief
City of Pacific Grove
600 Pine Avenue
Pacific Grove, CA 93950
Dear Chief Panholzer:

I am enclosing our proposal for one (1) new 1500 GPM Pumper with this cover letter. Based on your department’s input, we have selected the Pierce Enforcer chassis on which to base this proposal. Some of the noteworthy features you will find include:
 525 horsepower Cummins X12 motor with an Allison EVS 4500 transmission  1,500 GPM Hale single stage pump with 500-gallon water tank  Pierce Husky 3 single agent foam system with refill and draft features  All emergency lighting is LED
The cost of the unit described in this proposal is dependent on how the city may choose to purchase it. As noted in the assorted options, Pierce deducts certain prepayment credits from the final invoice, depending on the selected purchasing option. Please look at the information and figures attached.

The total price shown includes California Sales Tax at the rate of 8.75% and includes two (2) factory inspection trips as outlined in the specification. Price is based on delivery F.O.B. to the Pacific Grove at the address shown above.

If the city elects to purchase the proposed apparatus and would like to submit a purchase order, please address it to the following:

Golden State Fire Apparatus Inc.
7400 Reese Road
Sacramento, CA 95828
This quote will be valid until October 31, 2022.

We appreciate the opportunity to submit this information and look forward to going over any questions you might have. Let me know if there is anything else I can do and feel free to give me a call anytime. My cell number is (831) 251-8931 and thank you again.

Sincerely,
Rich Myers
Sales Consultant
PGCC 10-5-2022

PRODUCT

PROPOSAL
Exhibit “A”
Bid #905
PGCC 10-5-2022

OPTION A
100% Pre-Payment or Lease Purchase
This will be the price of the Product(s) contingent
upon the Customer paying 100% of the Grand Total
to GSFA within 15 days of Contract Signing (or
issuance of Purchase Order).

This discount is also available contingent upon a 3rd
Party (Leasing Company) paying 100% of the Grand
Total on behalf of the Customer within 15 days of
Contract Signing (or issuance of Purchase Order).

PGCC 10-5-2022

PROPOSAL PREPARED FOR
City of Pacific Grove
Pierce Manufacturing, Inc.

Enforcer 1500 GPM Pumper
HGAC FS12-19, Code FS19VC07
September 16, 2022

SALES CONSULTANT
Rich Myers
Golden State Fire Apparatus, Inc.
7400 Reese Road
Sacramento, CA 95828
831.251.8931 Cell
[email protected]

PARTS, SERVICE & SUPPORT
Golden State Emergency Vehicle Service, Inc.
7400 Reese Road
Sacramento, CA 95828
916.330.1638 Office
[email protected]
PGCC 10-5-2022

www.goldenstatefire.com
7400 Reese Road
Sacramento, CA 95828
Office 916.330.1638
Fax 916.330.1649
PROPOSAL PREPARED FOR:

City of Pacific Grove
600 Pine Avenue
Pacific Grove, CA 93950
We hereby propose and agree to furnish, after your acceptance of this proposal and the proper execution by the CITY OF PACIFIC GROVE, hereinafter called “Customer” and an officer of Golden State Fire Apparatus, Inc., hereinafter called “GSFA”, the following fire apparatus and equipment, hereinafter called “Product”:

PROPOSAL SUMMARY
This proposal includes the following items in accordance with the specifications hereto attached:
 Fire apparatus and equipment described herein
 Delivery to GSFA service center in Sacramento
 Pre-delivery inspection/services by GSFA
 Final delivery from service center to Customer

PRODUCT COMPLETION
Product shall be built in accordance with the specifications hereto attached, delays due to acts of God, strikes, war, or intentional conflict, failures to obtain chassis, materials, unusual weather conditions or other causes beyond GSFA’s control not preventing, within approximately 930 to 960 CALENDAR DAYS after receipt of this order and the acceptance thereof at our Sacramento, California office. Within thirty (30) calendar days after receipt of this order and acceptance thereof, GSFA shall submit to Customer a production schedule including tentative pre-construction conference, final inspection and final delivery dates.

DELIVERY LOCATION
Product shall be shipped in accordance with the specifications hereto attached and be delivered to you at PACIFIC GROVE, CALIFORNIA. Proof of insurance must be demonstrated by the Customer to GSFA prior to transferring of the Product(s).

Submitted Date: September 16, 2022
Proposal Number: 40916-22A
Expiration
Date: October 31, 2022
Sales Consultant: Rich Myers
# Description Unit Price
A One (1) Pierce Manufacturing, Inc. Enforcer 1500 GPM Pumper (HGAC Consortium Purchase – Contract FS12-19, Product Code FS19VC07) 857,371.02 B Discount For 100% Pre-Payment at Time of Order (46,669.43) C SUBTOTAL 810,701.59
D 8.75% State Sales Tax 70,936.39
E California Tire Fee 10.50
F GRAND TOTAL 881,648.48
PGCC 10-5-2022

7400 Reese Road, Sacramento, CA 95828 | Office 916.330.1638 | Fax 916.330.1649

ACCEPTING THIS PROPOSAL
In the event Customer wishes to purchase the Product described in this Proposal and the attached specifications, then, prior to the expiration date listed on page 2 of this Proposal, Customer shall sign and return this Proposal. Thereafter, GSFA and Customer will endeavor to enter into a purchase agreement incorporating this Proposal and including additional terms (a “Purchase Agreement”). If Customer returns a signed copy of this Proposal alone, GSFA will send Customer its form of Purchase Agreement for Customer’s review and signature. If Customer desires to use its standard form of purchase order as the Purchase Agreement, then Customer should return a signed copy of this Proposal along with a copy of such purchase order. All purchase orders shall be made out to GSFA. GSFA will review such purchase order and contact the Customer regarding any required revisions. Only upon a full execution of a Purchase Agreement shall GSFA and Customer be obligated to purchase and sell the Product set forth in this Proposal.

TERMS AND CONDITIONS
The following Terms and Conditions are hereby made part of this Proposal:

1. Payment Terms (100% Pre-Payment at Time of Order) –
Customer shall pay the amount listed on page one of this Proposal, which includes: (i) the total price for the Product (the “Purchase Price”), (ii) the estimated state sales tax on the Product, and (iii) the California tire fee (together with the Purchase Price and estimated state sales tax, the “Grand Total”) within fifteen (15) calendar days from the date on which the Purchase Agreement is fully executed. The proposed delivery timeframe for the Product, which is outlined on page one of this Proposal, shall not begin until full payment of the Grand Total is received. In the event Customer does not pay GSFA the Grand Total in the timeframe set forth in this Section 1, GSFA may, in its sole discretion, cancel the Purchase Agreement entered into between the parties.

2. Multiple Unit Purchase – If the Purchase Price includes pricing for multiple units, the price stated on this Proposal shall only be valid if the quantity of Products being proposed are purchased at the same time, pursuant to the same Purchase Agreement.

3. Stock / Demo Units – If applicable, any stock/demo units, including those identified by this Proposal, are available for sale on an as-is, first-come and first served-basis. Regardless of this Proposal, the first Customer to enter into a Purchase Agreement identifying any such stock/demo unites shall obtain said units.

4. Order Changes – The Customer may request that GSFA
incorporate a change to the Product or the Specifications for the Product by delivering a written change order to GSFA, which shall include a description of the proposed change sufficient to permit GSFA to evaluate the feasibility of such change (a “Change Order”). GSFA will provide Customer a written response (a “Response”) stating (i) whether GSFA will accommodate such Change Order (which GSFA may decide in its sole and absolute discretion) and (ii) the terms of the modification to the order, including any increase or decrease in the Purchase Price resulting from such Change Order, and any effect on production
scheduling or Delivery resulting from such Change Order.

Customer shall have seven (7) days after receipt of the Response to notify GSFA as to whether Customer desires to make the changes GSFA has approved in the Response. In the event Customer counter-signs GSFA’s Response, Customer shall pay the increase (or be refunded the decrease) in the Purchase Price prior to final delivery to Customer location.

5. Force Majeure – GSFA shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond GSFA’s and manufacturer’s control and which make GSFA’s performance impracticable, including but not limited to wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorism, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work.

6. Cancellation/Termination – In the event Customer and GSFA enter into a Purchase Agreement and Customer thereafter cancels or terminates the Purchase Agreement, GSFA will charge a cancellation fee as follows: (a) 10% of the Purchase Price after order is accepted and entered by GSFA; (b) 20% of the Purchase Price after completion of the pre-construction phase of the order process; and (c) 50% of the Purchase Price after the requisition of any materials or commencement of any manufacturing or assembly of the Product by either GSFA or the manufacturer of the Product. The tier of cancellation fee applicable to any cancellation shall be in the sole and absolute discretion of GSFA.

7. State Sales Tax – Customer shall be responsible for the cost of state sales tax associated with, or attributable to the Product.

The taxes owed by Customer for the Product is subject to adjustment for the applicable state sales tax rate in effect when the Product is delivered to the Customer. Therefore, the sales tax will be increased or decreased at the time of delivery if a change in the sales tax rate has occurred, in which case Customer shall pay GSFA (or be refunded by GSFA) the applicable change in sales tax.

8. Proposal Expiration – After the Expiration Date shown on page one of this Proposal, Customer shall require GSFA’s written consent to accept this Proposal.

9. Governing Law – This Proposal is to be governed by and under the laws of the state of California.

Thank you for providing Golden State Fire Apparatus, Inc. with the opportunity to provide this proposal. If you have any questions regarding the options presented or need additional options, please contact me.

Sincerely, I, _______________________________________________________________authorized representative of CITY OF PACIFIC GROVE agrees to purchase the proposed Product(s) and agree to the terms and conditions of this proposal and the specifications hereto attached.

Rich Myers SIGNATURE: __________________________________________________________________________ Golden State Fire Apparatus, Inc.

TITLE: _________________________________________________ DATE: ____________________ PGCC 10-5-2022

OPTION B
Payment at Time of Delivery or Pickup
This will be the price of the Product(s) contingent
upon the Customer paying 100% of the Grand Total
to GSFA at time of delivery or pick up
PGCC 10-5-2022

PROPOSAL PREPARED FOR
City of Pacific Grove
Pierce Manufacturing, Inc.

Enforcer 1500 GPM Pumper
HGAC FS12-19, Code FS19VC07
September 16, 2022

SALES CONSULTANT
Rich Myers
Golden State Fire Apparatus, Inc.
7400 Reese Road
Sacramento, CA 95828
831.251.8931 Cell
[email protected]

PARTS, SERVICE & SUPPORT
Golden State Emergency Vehicle Service, Inc.
7400 Reese Road
Sacramento, CA 95828
916.330.1638 Office
[email protected]
PGCC 10-5-2022

www.goldenstatefire.com
7400 Reese Road
Sacramento, CA 95828
Office 916.330.1638
Fax 916.330.1649
PROPOSAL PREPARED FOR:

City of Pacific Grove
600 Pine Avenue
Pacific Grove, CA 93950
We hereby propose and agree to furnish, after your acceptance of this proposal and the proper execution by the CITY OF PACIFIC GROVE, hereinafter called “Customer” and an officer of Golden State Fire Apparatus, Inc., hereinafter called “GSFA”, the following fire apparatus and equipment, hereinafter called “Product”:

PROPOSAL SUMMARY
This proposal includes the following items in accordance with the specifications hereto attached:
 Fire apparatus and equipment described herein
 Delivery to GSFA service center in Sacramento
 Pre-delivery inspection/services by GSFA
 Final delivery from service center to Customer

PRODUCT COMPLETION
Product shall be built in accordance with the specifications hereto attached, delays due to acts of God, strikes, war, or intentional conflict, failures to obtain chassis, materials, unusual weather conditions or other causes beyond GSFA’s control not preventing, within approximately 930 to 960 CALENDAR DAYS after receipt of this order and the acceptance thereof at our Sacramento, California office. Within thirty (30) calendar days after receipt of this order and acceptance thereof, GSFA shall submit to Customer a production schedule including tentative pre-construction conference, final inspection and final delivery dates.

DELIVERY LOCATION
Product shall be shipped in accordance with the specifications hereto attached and be delivered to you at PACIFIC GROVE, CALIFORNIA. Proof of insurance must be demonstrated by the Customer to GSFA prior to transferring of the Product(s).

Submitted Date: September 16, 2022
Proposal Number: 40916-22B
Expiration
Date: October 31, 2022
Sales Consultant: Rich Myers
# Description Unit Price
A One (1) Pierce Manufacturing, Inc. Enforcer 1500 GPM Pumper (HGAC Consortium Purchase – Contract FS12-19, Product Code FS19VC07) 857,371.02 B 8.75% State Sales Tax 75,019.96
C California Tire Fee 10.50
D GRAND TOTAL 932,401.49
PGCC 10-5-2022

7400 Reese Road, Sacramento, CA 95828 | Office 916.330.1638 | Fax 916.330.1649

ACCEPTING THIS PROPOSAL
In the event Customer wishes to purchase the Product described in this Proposal and the attached specifications, then, prior to the expiration date listed on page 2 of this Proposal, Customer shall sign and return this Proposal. Thereafter, GSFA and Customer will endeavor to enter into a purchase agreement incorporating this Proposal and including additional terms (a “Purchase Agreement”). If Customer returns a signed copy of this Proposal alone, GSFA will send Customer its form of Purchase Agreement for Customer’s review and signature. If Customer desires to use its standard form of purchase order as the Purchase Agreement, then Customer should return a signed copy of this Proposal along with a copy of such purchase order. All purchase orders shall be made out to GSFA. GSFA will review such purchase order and contact the Customer regarding any required revisions. Only upon a full execution of a Purchase Agreement shall GSFA and Customer be obligated to purchase and sell the Product set forth in this Proposal.

TERMS AND CONDITIONS
The following Terms and Conditions are hereby made part of this Proposal:

1. Payment Terms (Payment at Time of Delivery) – Customer shall pay the Grand Total at time of delivery or pick up of the Product to GSFA. It is the responsibility of the Customer to have full payment ready when the Product is complete and ready to deliver or pick up. If payment is late or delivery is delayed pending payment, a daily finance charge of $150.00 and a daily storage fee of $50.00 may apply until such payment is received.

Due to insurance liability, the Product(s) will not be left at the Customer’s location without full acceptance and payment or prior written agreement between the Customer and GSFA.

2. Multiple Unit Purchase – If the Purchase Price includes pricing for multiple units, the price stated on this Proposal shall only be valid if the quantity of Products being proposed are purchased at the same time, pursuant to the same Purchase Agreement.

3. Stock / Demo Units – If applicable, any stock/demo units, including those identified by this Proposal, are available for sale on an as-is, first-come and first served-basis. Regardless of this Proposal, the first Customer to enter into a Purchase Agreement identifying any such stock/demo unites shall obtain said units.

4. Order Changes – The Customer may request that GSFA
incorporate a change to the Product or the Specifications for the Product by delivering a written change order to GSFA, which shall include a description of the proposed change sufficient to permit GSFA to evaluate the feasibility of such change (a “Change Order”). GSFA will provide Customer a written response (a “Response”) stating (i) whether GSFA will accommodate such Change Order (which GSFA may decide in its sole and absolute discretion) and (ii) the terms of the modification to the order, including any increase or decrease in the Purchase Price resulting from such Change Order, and any effect on production
scheduling or Delivery resulting from such Change Order.

Customer shall have seven (7) days after receipt of the Response to notify GSFA as to whether Customer desires to make the changes GSFA has approved in the Response. In the event Customer counter-signs GSFA’s Response, Customer shall pay the increase (or be refunded the decrease) in the Purchase Price prior to final delivery to Customer location.

5. Force Majeure – GSFA shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond GSFA’s and manufacturer’s control and which make GSFA’s performance impracticable, including but not limited to wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorism, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work.

6. Cancellation/Termination – In the event Customer and GSFA enter into a Purchase Agreement and Customer thereafter cancels or terminates the Purchase Agreement, GSFA will charge a cancellation fee as follows: (a) 10% of the Purchase Price after order is accepted and entered by GSFA; (b) 20% of the Purchase Price after completion of the pre-construction phase of the order process; and (c) 50% of the Purchase Price after the requisition of any materials or commencement of any manufacturing or assembly of the Product by either GSFA or the manufacturer of the Product. The tier of cancellation fee applicable to any cancellation shall be in the sole and absolute discretion of GSFA.

7. State Sales Tax – Customer shall be responsible for the cost of state sales tax associated with, or attributable to the Product.

The taxes owed by Customer for the Product is subject to adjustment for the applicable state sales tax rate in effect when the Product is delivered to the Customer. Therefore, the sales tax will be increased or decreased at the time of delivery if a change in the sales tax rate has occurred, in which case Customer shall pay GSFA (or be refunded by GSFA) the applicable change in sales tax.

8. Proposal Expiration – After the Expiration Date shown on page one of this Proposal, Customer shall require GSFA’s written consent to accept this Proposal.

9. Governing Law – This Proposal is to be governed by and under the laws of the state of California.

Thank you for providing Golden State Fire Apparatus, Inc. with the opportunity to provide this proposal. If you have any questions regarding the options presented or need additional options, please contact me.

Sincerely, I, _______________________________________________________________authorized representative of CITY OF PACIFIC GROVE agrees to purchase the proposed Product(s) and agree to the terms and conditions of this proposal and the specifications hereto attached.

Rich Myers SIGNATURE: __________________________________________________________________________ Golden State Fire Apparatus, Inc.

TITLE: _________________________________________________ DATE: ____________________ PGCC 10-5-2022

PRODUCT

SPECIFICATIONS
Exhibit “B”
Bid #905
PGCC 10-5-2022

Proposal Details Report
OptionCode Type Option ProposalText
0766611 Boiler Plates, Pumper

GOLDEN STATE FIRE APPARATUS, INC. is pleased to submit a proposal to the City of Pacific Grove Fire Dept for a Pierce® triple combination pumper per your request for quotation. The following paragraphs will describe in detail the apparatus, construction methods, and equipment proposed. This proposal will indicate size, type, model and make of components parts and equipment, providing proof of compliance with each and every item (except where noted) in the departments advertised specifications.

PIERCE MANUFACTURING was founded in 1913. Since then we have been building bodies with one philosophy, "BUILD THE FINEST". Our skilled craftsmen take pride in their work, which is reflected, in the final product. We have been building fire apparatus since the early "forties" giving Pierce Manufacturing over 75 years of experience in the fire apparatus market. Pierce Manufacturing has built and put into service more than 62,500 apparatus, including more than 33,900 on Pierce custom chassis designed and built specifically for fire and emergency applications. Our Appleton, Wisconsin facility has over 870,000 total square feet of floor space situated on approximately 105 acres of land. Our Bradenton, Florida facility has 300,000 square feet of floor space situated on approximately 38 acres of land.

Our beliefs in high ethical standards are carried through in all of our commitments and to everyone with whom we do business. Honesty, Integrity, Accountability and Citizenship are global tenets by which we all live and work. Consequently, we neither engage in, nor have we ever been convicted of price fixing, bid rigging, or collusion in any domestic or international fire apparatus market.

Pierce has only one brand of fire apparatus "Pierce", ensuring you are receiving top of the line product that meets your specification.

In accordance with the current edition of NFPA 1901 standards, this proposal will specify whether the fire department, manufacturer, or apparatus dealership will provide required loose equipment.

Images and illustrative material in this proposal are as accurate as known at the time of publication, but are subject to change without notice. Images and illustrative material is for reference only, and may include optional equipment and accessories and may not include all standard equipment.

GENERAL DESIGN AND CONSTRUCTION
To control quality, ensure compatibility, and provide a single source for service and warranty, the custom cab, chassis, pump module and body will be entirely designed, assembled/welded and painted in Pierce owned manufacturing facilities. This includes, but not limited to the cab weldment, the pumphouse module assembly, the chassis assembly, the body and the electrical system.

QUALITY AND WORKMANSHIP
Pierce has set the pace for quality and workmanship in the fire apparatus field. Our tradition of building the highest quality units with craftsmen second to none has been the rule right from the beginning and we demonstrate that ongoing commitment by: Ensuring all steel welding follows American Welding Society D1.1-2004 recommendations for structural steel welding. All aluminum welding follows American Welding society and ANSI D1.2-2003 requirements for structural welding of aluminum. All sheet metal welding follows American welding Society B2.1-2000 requirements for structural welding of sheet metal. Our flux core arc welding uses alloy rods, type 7000 and is performed to American Welding Society standards A5.20-E70T1. Furthermore, all employees classified as welders are tested and certified to meet the American welding Society codes upon hire and every three (3) years thereafter. Pierce also employs and American Welding Society certified welding inspector in plant during working hours to monitor weld quality.

Pierce Manufacturing operates a Quality Management System under the requirements of ISO 9001. These standards sponsored by the International Organization for Standardization (ISO) specify the quality systems that are established by the manufacturer for design, manufacture, installation and service. A copy of the certificate of compliance is included with this proposal.

In addition to the Quality Management system, we also employ a Quality Achievement Supplier program to insure the vendors and suppliers that we utilize meet the high standards we demand.

That is just part of our overall "Quality at the Source" program at Pierce.

To demonstrate the quality of our products and services, a list of at least twenty (20) fire departments/municipalities that have purchased vehicles for a second time is provided.

DELIVERY
The apparatus will be delivered under its own power to insure proper break-in of all components while the apparatus is still under warranty. A qualified delivery representative shall deliver the apparatus and remain for a sufficient length of time to instruct personnel in proper operation, care and maintenance of the equipment delivered.

MANUAL AND SERVICE INFORMATION
At time of delivery, complete operation and maintenance manuals covering the apparatus will be provided. A permanent plate will be mounted in the driver's compartment specifying the quantity and type of fluids required including engine oil, engine coolant, transmission, pump transmission lubrication, pump primer and drive axle.

SAFETY VIDEO
At the time of delivery Pierce will also provide one (1) 39-minute, professionally produced apparatus safety video, in DVD format. This video will address key safety considerations for personnel to follow when they are driving, operating, and maintaining the apparatus, including the following: vehicle pre-trip inspection, chassis operation, pump operation, aerial operation, and safety during maintenance.

PERFORMANCE TESTS
A road test will be conducted with the apparatus fully loaded and a continuous run of no less than ten (10) miles. During that time the apparatus will show no loss of power nor will it overheat. The 9/15/2022
Customer: Pacific Grove Fire Department Bid Number: 905 Representative Myers, Rich Job Number:

Requirements Manager: Organization: Golden State Fire Apparatus, Inc Description: One (1) 1500 Enforcer Pumper (
Chassis: Enforcer Chassis
Body: Pumper, Medium, Aluminum, 2nd Gen
Bid #: 905 1
PGCC 10-5-2022

transmission drive shaft or shafts and the axles will run quietly and be free of abnormal vibration or noise. The apparatus when fully loaded will not have less than 25 percent nor more than 50 percent on the front axle, and not less than 50 percent nor more than 75 percent on the rear axle.

The apparatus will meet NFPA 1901 acceleration and braking requirements.

SERVICE AND WARRANTY SUPPORT
Pierce dealership support will be provided by GOLDEN STATE EMERGENCY VEHICLE SERVICE, INC. by operating a Pierce authorized service center. The service center will have factory-trained mechanics on staff versed in Pierce fire apparatus. The service facility will be located within one hundred fifty (150) miles of the fire department.

In addition to the dealership, Pierce has service facilities located in both, Weyauwega, Wisconsin and Bradenton, Florida. Pierce also maintains a dedicated parts facility of over 100,000 square feet in Appleton, Wisconsin. The parts facility stocks in excess of $5,000,000 in parts dedicated to service and replacement parts. The parts facility employs a staff dedicated solely for the distribution and shipment of service and replacement parts.

Service parts for the apparatus being proposed can be found via Pierceparts.com which, is an interactive online tool that delivers information regarding your specific apparatus as well as the opportunity to register for training classes.

As a Pierce customer you have the ability to view the complete bill of materials for your specific apparatus, including assembly drawings, piece part drawings, and beneficial parts notations. You will also have the ability to search the complete Pierce item master through a parts search function which offers all Pierce SKU's and descriptions offered on all Pierce apparatus. Published component catalogs, which include proprietary systems along with an extensive operators manual library is available for easy reference.

Pierce Manufacturing maintains a dedicated service and warranty staff of over 35 personnel, dedicated to customer support, which also maintains a 24 hour 7 day a week toll free hot line, four (4) on staff EVTs, and offers hands-on repair and maintenance training classes multiple times a year.

LIABILITY
The successful bidder will defend any and all suits and assume all liability for the use of any patented process including any device or article forming a part of the apparatus or any appliance furnished under the contract.

INSURANCE PROVIDED BY BIDDER

COMMERCIAL GENERAL LIABILITY INSURANCE
The successful bidder will, during the performance of the contract and for three (3) years following acceptance of the product, keep in force at least the following minimum limits of commercial general liability insurance:

Each Occurrence $1,000,000
Products/Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
General Aggregate $2,000,000
Coverage will be written on a Commercial General Liability form. The policy will be written on an occurrence form and will include Contractual Liability coverage for bodily injury and property damage subject to the terms and conditions of the policy.

The policy will include Owner as an additional insured when required by written contract.

COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
The successful bidder will, during the performance of the contract, keep in force at least the following minimum limits of commercial automobile liability insurance and coverage will be written on a Commercial Automobile liability form:

Each Accident Combined Single Limit: $1,000,000

UMBRELLA/EXCESS LIABILITY INSURANCE
The successful bidder will, during the performance of the contract and for three (3) years following acceptance of the product, keep in force at least the following minimum limits of umbrella liability insurance:

Aggregate: $3,000,000
Each Occurrence: $3,000,000
The umbrella policy will be written on an occurrence basis and at a minimum provide excess to the bidder's General Liability and Automobile Liability policies.

The required limits can be provided by one (1) or more policies provided all other insurance requirements are met.

Coverage will be provided by a carrier(s) rated A- or better by A.M. Best.

All policies will provide a 30-day notice of cancellation to the named insured. The Certificate of Insurance will provide the following cancellation clause: Should any of the above described polices be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions.

Bidder agrees to furnish owner with a current Certificate of Insurance with the coverages listed above along with the bid. The certificate will show the purchaser as certificate holder.

INSURANCE PROVIDED BY MANUFACTURER

PRODUCT LIABILITY INSURANCE
The manufacturer will, during the performance of the contract and for three (3) years following acceptance of the product, keep in force at least the following minimum limits of Product Liability insurance:

Each Occurrence $1,000,000
Products/Completed Operations Aggregate $1,000,000
Coverage will be written on a Commercial General Liability form. The policy will be written on an occurrence form. The manufacturer's policy will include the owner as additional insured when required by written contract between the Owner and a Pierce authorized dealer.

UMBRELLA/EXCESS LIABILITY INSURANCE
The manufacturer will, during the performance of the contract and for three (3) years following acceptance of the product, keep in force at least the following minimum limits of umbrella liability insurance:

Bid #: 905 2
PGCC 10-5-2022

Each Occurrence: $25,000,000
Aggregate: $25,000,000
The umbrella policy will be written on an occurrence basis and provide excess to the manufacturer's General Liability/Products policies.

The required limits can be provided by one (1) or more policies provided all other insurance requirements are met.

Coverage will be provided by a carrier(s) rated A- or better by A.M. Best.

All policies will provide a 30-day notice of cancellation to the named insured. The Certificate of Insurance will provide the following cancellation clause: Should any of the above described polices be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions.

Manufacturer agrees to furnish owner with a current Certificate of Insurance with the coverages listed above along with the bid. The certificate will show the purchaser as the certificate holder.
0661794 Single Source Compliance

SINGLE SOURCE MANUFACTURER
Pierce Manufacturing, Inc. provides an integrated approach to the design and manufacture of our products that delivers superior apparatus and a dedicated support team. From our facilities, the chassis, cab weldment, cab, pumphouse (including the sheet metal enclosure, valve controls, piping and operators panel) and body will be entirely designed, tested, and hand assembled to the customer's exact specifications. The electrical system either hardwired or multiplexed, will be both designed and integrated by Pierce Manufacturing. The warranties relative to these major components (excluding component warranties such as engine, transmission, axles, pump, etc.) will be provided by Pierce as a single source manufacturer. Pierce's single source solution adds value by providing a fully engineered product that offers durability, reliability, maintainability, performance, and a high level of quality.
0584456 Manufacture Location, Appleton,
Wisconsin
Your apparatus will be manufactured in Appleton, Wisconsin. 0584452 RFP Location: Appleton, Wisconsin

0588609 Vehicle Destination, US

0670275 Unit to be Similar in some Aspects,
Excluding Pump Panel

SPECIAL INSTRUCTIONS
The apparatus being proposed will be designed and built to match the 35147.  However, some variation may be necessary due to changes in our manufacturing processes or our product offering.  Revisions in NFPA guidelines and/or other regulations may also affect our ability to match the previous unit.
0610784 Comply NFPA 1901 Changes
Effective Jan 1, 2016, With
Exceptions
NFPA 2016 STANDARDS
This unit will comply with the NFPA standards effective January 1, 2016, except for fire department directed exceptions. These exceptions will be set forth in the Statement of Exceptions.

Certification of slip resistance of all stepping, standing and walking surfaces will be supplied with delivery of the apparatus.

All horizontal surfaces designated as a standing or walking surface that are greater than 48.00" above the ground must be defined by a 1.00" wide line along its outside perimeter. Perimeter markings and designated access paths to destination points will be identified on the customer approval print and are shown as approximate. Actual location(s) will be determined based on materials used and actual conditions at final build. Access paths may pass through hose storage areas and opening or removal of covers or restraints may be required. Access paths may require the operation of devices and equipment such as the aerial device or ladder rack.

A plate that is highly visible to the driver while seated will be provided. This plate will show the overall height, length, and gross vehicle weight rating.

The manufacturer will have programs in place for training, proficiency testing and performance for any staff involved with certifications.

An official of the company will designate, in writing, who is qualified to witness and certify test results.
0533347 Pumper/Pumper with Aerial Device
Fire Apparatus
0588611 Vehicle Certification, Pumper

Bid #: 905 3
PGCC 10-5-2022

0661778 Agency, Apparatus Certification,
Pumper/Tanker, U.L.

NFPA COMPLIANCY
Apparatus proposed by the bidder will meet the applicable requirements of the National Fire Protection Association (NFPA) as stated in current edition at time of contract execution. Fire department's specifications that differ from NFPA specifications will be indicated in the proposal as "non-NFPA".

PUMP TEST
Underwriters Laboratory (UL) will test, approved, and certify the pump. The test results and the pump manufacturer's certification of hydrostatic test; the engine manufacturer's certified brake horsepower curve; and the pump manufacturer's record of pump construction details will be forwarded to the Fire Department.

GENERATOR TEST
If the unit has a generator, Underwriters Laboratory (UL) will test, approved, and certify the generator. The test results will be provided to the Fire Department at the time of delivery.

BREATHING AIR TEST
If the unit has breathing air, Pierce Manufacturing will draw an air sample from the air system and have the sample certified that the air quality meets the requirements of NFPA 1989, Standard on Breathing Air Quality for Fire and Emergency Services Respiratory Protection. 0891947 Certification, Vehicle Inspection
Program, NFPA 1901

VEHICLE INSPECTION PROGRAM CERTIFICATION
To assure the vehicle is built to current NFPA 1901 standards, the apparatus, in its entirety, will be third-party, independent, audit-certified through Underwriters Laboratory (UL) that it is built and complies to all applicable standards in the current edition. The certification includes: all design, production, operational, and performance testing of not only the apparatus, but those components that are installed on the apparatus.

A placard will be affixed in the driver's side area stating the third party agency, the date, the standard and the certificate number of the whole vehicle audit. 0092138 Highly Customized Product (HCP) PRODUCT CHANGES AND IMPROVEMENTS Our components and processes, as described in this proposal document, are as accurate as known at the time of bid submission, but are subject to change for the purpose of product or process improvements, or changes in industry standards providing the change does not affect the meaning or definition of the bid specifications.
0620362 Consortium, HGAC

0537375 Unit of Measure, US Gallons

0030006 Bid Bond Not Requested

BID BOND NOT REQUESTED
A bid bond will not be included. If requested, the following will apply:

All bidders will provide a bid bond as security for the bid in the form of a 5% bid bond to accompany their bid. This bid bond will be issued by a Surety Company who is listed on the U.S.

Treasury Departments list of acceptable sureties as published in Department Circular 570. The bid bond will be issued by an authorized representative of the Surety Company and will be accompanied by a certified power of attorney dated on or before the date of bid. The bid bond will include language, which assures that the bidder/principal will give a bond or bonds as may be specified in the bidding or contract documents, with good and sufficient surety for the faithful performance of the contract, including the Basic One (1) Year Limited Warranty, and for the prompt payment of labor and material furnished in the prosecution of the contract.

Notwithstanding any document or assertion to the contrary, any surety bond related to the sale of a vehicle will apply only to the Basic One (1) Year Limited Warranty for such vehicle. Any surety bond related to the sale of a vehicle will not apply to any other warranties that are included within this bid (OEM or otherwise) or to the warranties (if any) of any third party of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. In the event of any contradiction or inconsistency between this provision and any other document or assertion, this provision will prevail.
0582697 Performance Bond, 100% with
Warranty Bond, 1 Yr, and Payment
Bond
PERFORMANCE BOND, 1 YEAR
The successful bidder will furnish a Performance and Payment bond (Bond) equal to 100 percent of the total contract amount within 30 days of the notice of award.  Such Bond will be in a form acceptable to the Owner and issued by a surety company included within the Department of Treasury's Listing of Approved Sureties (Department Circular 570) with a minimum A.M. Best Financial Strength Rating of A and Size Category of XV.  In the event of a bond issued by a surety of a lesser Size Category, a minimum Financial Strength rating of A+ is required.

Bidder and Bidder's surety agree that the Bond issued hereunder, whether expressly stated or not, also includes the surety's guarantee of the vehicle manufacturer's Basic One (1) Year Limited Warranty period included within this proposal.  Owner agrees that the penal amount of this bond will be simultaneously amended to 100% percent of the total contract amount upon satisfactory acceptance and delivery of the vehicle(s) included herein.  Notwithstanding anything contained within this contract to the contrary, the surety's liability for any warranties of any type will not exceed one (1) year from the date of such satisfactory acceptance and delivery, or the actual Basic One (1) Year Limited Warranty period, whichever is shorter.

Bid #: 905 4
PGCC 10-5-2022

0000007 Approval Drawing APPROVAL DRAWING
A drawing of the proposed apparatus will be prepared and provided to the purchaser for approval before construction begins. The Pierce sales representative will also be provided with a copy of the same drawing. The finalized and approved drawing will become part of the contract documents. This drawing will indicate the chassis make and model, location of the lights, siren, horns, compartments, major components, etc.

A "revised" approval drawing of the apparatus will be prepared and submitted by Pierce to the purchaser showing any changes made to the approval drawing. 0002928 Electrical Diagrams

ELECTRICAL WIRING DIAGRAMS
Two (2) electrical wiring diagrams, prepared for the model of chassis and body, will be provided. 0649754 Enforcer Chassis

ENFORCER CHASSIS
The Pierce Enforcer™ is the custom chassis developed exclusively for the fire service. Chassis provided will be a new, tilt-type custom fire apparatus. The chassis will be manufactured in the apparatus body builder's facility eliminating any split responsibility. The chassis will be designed and manufactured for heavy-duty service, with adequate strength, capacity for the intended load to be sustained, and the type of service required. The chassis will be the manufacturer's first line tilt cab.
0000110 Wheelbase WHEELBASE
The wheelbase of the vehicle will be 191.50".
0000070 GVW Rating GVW RATING
The gross vehicle weight rating will be 43,500.
0649713 Frame Rails, 10.25" x 3.50" x .375",
Saber FR/Enf
FRAME
The chassis frame will be built with two (2) steel channels bolted to five (5) cross members or more, depending on other options of the apparatus. The side rails will be heat-treated steel measuring 10.25" x 3.50" x 0.375".

Each rail will have a section modulus of 16.00 cubic inches, yield strength of 120,000 psi, and a resisting bending moment (rbm) of 1,921,069 inch-pounds. 0648354 Frame Liner, Internal "C", 9.38" x

3.13" x .25", Saber FR/Enf, 26" Qval

FRAME REINFORCEMENT
A full-length mainframe "C" liner will be provided.

The liner will be an internal "C" design, heat-treated steel measuring 9.38" x 3.13" x 0.25". Each reinforcement member will have a section modulus of 3.90 cubic inches, yield strength of 120,000 psi and resisting bending moment (rbm) of 938,762 in-lb. 0630705 Axle, Front, Oshkosh TAK-4, Non
Drive, 19,500 lb, Enforcer

FRONT NON DRIVE AXLE
The Oshkosh TAK-4® front axle will be of the independent suspension design with a ground rating of 19,500 lb.

Upper and lower control arms will be used on each side of the axle. Upper control arm castings will be made of 100,000-psi yield strength 8630 steel and the lower control arm casting will be made of 55,000-psi yield ductile iron.

The center cross members and side plates will be constructed out of 80,000-psi yield strength steel.

Each control arm will be mounted to the center section using elastomer bushings. These rubber bushings will rotate on low friction plain bearings and be lubricated for life. Each bushing will also have a flange end to absorb longitudinal impact loads, reducing noise and vibrations.

There will be nine (9) grease fittings supplied, one (1) on each control arm pivot and one (1) on the steering gear extension.

The upper control arm will be shorter than the lower arm so that wheel end geometry provides positive camber when deflected below rated load and negative camber above rated load.

Camber at load will be zero degrees for optimum tire life.

The ball joint bearing will be of low friction design and be maintenance free.

Toe links that are adjustable for alignment of the wheel to the center of the chassis will be provided.

The wheel ends must have little to no bump steer when the chassis encounters a hole or obstacle.

The steering linkage will provide proper steering angles for the inside and outside wheel, based on the vehicle wheelbase.

The axle will have a turning angle of up to 45 degrees.

Bid #: 905 5
PGCC 10-5-2022

0030264 Suspension, Front TAK-4, 19,500 lb,
Qtm/AXT/Imp/Vel/Dash CF/Enf

FRONT SUSPENSION
Front Oshkosh TAK-4™ independent suspension will be provided with a minimum ground rating of 19,500 lb.

The independent suspension system will be designed to provide maximum ride comfort. The design will allow the vehicle to travel at highway speeds over improved road surfaces and at moderate speeds over rough terrain with minimal transfer of road shock and vibration to the vehicle's crew compartment.

Each wheel will have torsion bar type spring. In addition, each front wheel end will also have energy absorbing jounce bumpers to prevent bottoming of the suspension.

The suspension design will be such that there is at least 10.00" of total wheel travel and a minimum of 3.75" before suspension bottoms.

The torsion bar anchor lock system allows for simple lean adjustments, without the use of shims.

One can adjust for a lean within 15 minutes per side. Anchor adjustment design is such that it allows for ride height adjustment on each side.

The independent suspension was put through a durability test that simulated 140,000 miles of inner city driving.
0087572 Shock Absorbers, KONI, TAK-4,
Qtm/AXT/Imp/Vel/DCF/Enf

FRONT SHOCK ABSORBERS
KONI heavy-duty telescoping shock absorbers will be provided on the front suspension. 0000322 Oil Seals, Front Axle FRONT OIL SEALS
Oil seals with viewing window will be provided on the front axle. 0802633 Tires, Front, Goodyear, Armor Max
MSA, 385/65R22.50, 18 ply, Fire Ser.

Load Rtg

FRONT TIRES
Front tires will be Goodyear 385/65R22.5 radials, 18 ply Armor Max MSA tread, rated for 20,050 lb maximum axle load and 68 mph maximum speed.
0019611 Wheels, Front, Alcoa, 22.50" x

12.25", Aluminum, Hub Pilot

The tires will be mounted on Alcoa 22.50" x 12.25" polished aluminum disc type wheels with a ten (10)stud, 11.25" bolt circle.
0530457 Axle, Rear, Meritor RS23-186, 24,000
lb Saber/Enforcer

REAR AXLE
The rear axle will be a Meritor™, Model RS-23-186, with a capacity of 24,000 lb. 0544253 Top Speed of Vehicle, 68 MPH

TOP SPEED OF VEHICLE
A rear axle ratio will be furnished to allow the vehicle to reach a top speed of 68 mph. 0555350 Suspen, Rear, Hendrickson FMX 242
EX, Air Ride, 24,000 lb

REAR SUSPENSION
Rear suspension will be a Hendrickson FMX 242 EX, air ride with a ground rating of 24,000 lb.

The suspension will have the following features:
- Heavy-duty shock absorbers to protect air springs from overextension - Heavy-duty torque rods and bushings
- Premium, heavy-duty rubber bushings require no lubrication - Integrated stabilizer design results in greater stability - Low spring rate air springs for excellent ride quality - Dual height control valves to maintain level vehicle from side to side 0000485 Oil Seals, Rear Axle

REAR OIL SEALS
Oil seals will be provided on the rear axle(s).
0587216 Tires, Rear, Goodyear, G622 RSD,
12R22.50, 16 ply, Single

REAR TIRES
Rear tires will be four (4) Goodyear® 12R22.50 radials, 16 ply all season G622 RSD tread, rated for 27,120 lb maximum axle load and 75 mph maximum speed. 0019625 Wheels, Rear, Alcoa, 22.50" x 8.25",
Aluminum, Hub Pilot, Single
The tires will be mounted on Alcoa 22.50" x 8.25" polished aluminum disc wheels with a ten (10) stud 11.25" bolt circle.
0568081 Tire Balancing, Counteract Beads

TIRE BALANCE
All tires will be balanced with Counteract balancing beads. The beads will be inserted into the tire and eliminate the need for wheel weights.
0602747 No Tire Pressure Indicator, Fire
Department Omits, Non-NFPA 2016
Compliant

TIRE PRESSURE INDICATOR
NFPA 1901, 2016 edition, section 4.13.4 requires each tire be equipped with a visual indicator or monitoring system that indicates tire pressure.

Per Fire Department specification, a tire pressure indicator is not on the apparatus as manufactured. This apparatus will be non-compliant to NFPA 1901 standards effective at time of contract execution.

Bid #: 905 6
PGCC 10-5-2022

0003245 Axle Hub Covers w/center hole, S/S,
Front Axle

FRONT HUB COVERS
Stainless steel hub covers will be provided on the front axle. An oil level viewing window will be provided.
0531133 Axle Hub Covers, Rear, S/S, High
Hat, Real Wheel (Pair)
HUB COVERS (rear)
A pair of stainless steel high hat hub covers will be provided on rear axle hubs. The covers will be manufactured by Real Wheels, Inc, and will come with the standard warranty. 0057936 Covers, Lug Nut, Chrome

CHROME LUG NUT COVERS
Chrome lug nut covers will be supplied on front and rear wheels. 0002046 Mud Flap, Front and Rear, No Logo

MUD FLAPS
Mud flaps will be installed behind the front and rear wheels. The mud flaps will be black. 0544802 Chocks, Wheel, SAC-44-E, Folding

WHEEL CHOCKS
There will be one (1) pair of folding Ziamatic, Model SAC-44-E, aluminum alloy, Quick-Choc wheel blocks, with easy-grip handle provided.
0544806 Mounting Brackets, Chocks, SAC-44-
E, Folding, Horizontal
Wheel Chock Brackets
There will be one (1) pair of Zico, Model SQCH-44-H, horizontal mounting wheel chock brackets provided for the Ziamatic, Model SAC-44-E, folding wheel chocks. The brackets will be made of aluminum and consist of a quick release spring loaded rod to hold the wheel chocks in place. The brackets will be mounted forward of the left side rear tire and rearward of the left side rear tire. 0010670 ABS Wabco Brake System, Single
rear axle

ANTI-LOCK BRAKE SYSTEM
The vehicle will be equipped with a Meritor WABCO 4S4M, anti-lock braking system. The ABS will provide a 4-channel anti-lock braking control on both the front and rear wheels. A digitally controlled system that utilizes microprocessor technology will control the anti-lock braking system.

Each wheel will be monitored by the system. When any particular wheel begins to lockup, a signal will be sent to the control unit. This control unit then will reduce the braking of that wheel for a fraction of a second and then reapply the brake. This anti-lock brake system will eliminate the lockup of any wheel thus helping to prevent the apparatus from skidding out of control. 0030185 Brakes, Knorr/Bendix 17", Disc,
Front, TAK-4
BRAKES
The service brake system will be full air type.

The front brakes will be Knorr/Bendix disc type with a 17.00" ventilated rotor for improved stopping distance.

The brake system will be certified, third party inspected, for improved stopping distance. 0509206 Brakes, Meritor, EX225, Disc Plus,
Rear, Single Axle
The rear brakes will be Meritor™, Disc Plus, Model EX225, disc operated with automatic slack adjusters and a 17.00" ventilated rotor for improved stopping distance. 0731553 Air Compressor, Brake,
Cummins/Wabco 25.9 CFM

BRAKE SYSTEM AIR COMPRESSOR
The air compressor will be a Cummins/WABCO with 25.9 cubic feet per minute output. 0644232 Brake Reservoirs, 4,272 Cubic Inch
Minimum Capacity, Saber
FR/Enforcer

BRAKE SYSTEM
The brake system will include:

Brake treadle valve
Heated automatic moisture ejector on air dryer
Total air system minimum capacity of 4,272 cubic inches Two (2) air pressure gauges with a red warning light and an audible alarm, that activates when air pressure falls below 60 psi
Spring set parking brake system
Parking brake operated by a push-pull style control valve A parking "brake on" indicator light on instrument panel Park brake relay/inversion and anti-compounding valve, in conjunction with a double check valve system, with an automatic spring brake application at 40 psi A pressure protection valve to prevent all air operated accessories from drawing air from the air system when the system pressure drops below 80 psi (550 kPa) 1/4 turn drain valves on each air tank
The air tank will be primed and painted to meet a minimum 750 hour salt spray test.

To reduce the effects of corrosion, the air tank will be mounted with stainless steel brackets. 0568012 Air Dryer, Wabco System Saver
1200, Heater, 2010

BRAKE SYSTEM AIR DRYER
The air dryer will be WABCO System Saver 1200 with spin-on coalescing filter cartridge and 100 watt heater.

Bid #: 905 7
PGCC 10-5-2022

0000790 Brake Lines, Nylon BRAKE LINES
Color-coded nylon brake lines will be provided. The lines will be wrapped in a heat protective loom in the chassis areas that are subject to excessive heat. 0617799 Inlet/Outlet, Air, w/Disconnect Fitting,
1/4 Turn Valve, Location

AIR INLET/OUTLET
One (1) air inlet/outlet will be installed with the female coupling located DS pump panel. This system will tie into the "wet" tank of the brake system and include a check valve in the inlet line and an 85 psi pressure protection valve in the outlet line. The air outlet will be controlled by a 1/4 turn valve.

A mating male fitting will be provided with the loose equipment.

The air inlet will allow a shoreline air hose to be connected to the vehicle. This will allow station air to be supplied to the brake system of the vehicle to insure constant air pressure. 0699105 Drains, Manual Air Tank, Parker
DC603, Brass IPOS

AIR TANK DRAINS
Parker® model DC 603 manual drain valves will be provided on all air reservoirs. The valves will be brass with a 150 PSI rating.
0000845 Air Tank, Additional for Extra Capacity

ADDITIONAL AIR TANK
An additional air tank with 1454 cubic inch displacement will be provided to increase the capacity of the main air brake system. This tank will be plumbed into the rear half of the brake system.

The air tank will be primed and painted to meet a minimum 750 hour spray test. To reduce the effects of corrosion, the air tank will be mounted with stainless steel brackets.

The output flow of the engine air compressor will vary with engine rpm. Full compressor output will only be achieved at governed engine speed. Engine speed will be limited by generators, pumps and other PTO driven options.
0675244 All Wheel Lock-up, Single Prk Brk
Control

ALL WHEEL LOCK-UP
An all wheel lock-up system will be installed which will apply air to the front brakes and use the spring brake at the rear.

Front brakes will apply when standard rear parking brake control valve is activated. 0893805 Engine, Cummins X12, 525 hp, 1695
lb-ft, W/OBD, EPA 2021, Enforcer

ENGINE
The chassis will be powered by an electronically controlled engine as described below:

Make:

Cummins
Model:

X12
Power:
525 hp at 1900 rpm
Torque:
1695 lb-ft at 1000 rpm
Governed Speed:
2000 rpm
Emissions Level:

EPA 2021
Fuel:

Diesel
Cylinders:

Six (6)
Displacement:
729 cubic inches (11.9L)
Starter:

Delco 39MT™
Fuel Filters:

Spin-on style primary filter with water separator and water-in-fuel sensor. Secondary spin-on style filter.

The engine will include On-board diagnostics (OBD), which provides self diagnostic and reporting. The system will give the owner or repair technician access to state of health information for various vehicle sub systems. The system will monitor vehicle systems, engine and after treatment. The system will illuminate a malfunction indicator light on the dash console if a problem is detected.
0730962 Filters, Remote Mounted, Oil, Fuel,
X12, VEL/AXT, ENF, QTM

REMOTE MOUNTED ENGINE FILTERS
The engine fuel and oil filters will be remote mounted for ease of maintenance. 0001244 High Idle w/Electronic Engine,
Custom

HIGH IDLE
A high idle switch will be provided, inside the cab, on the instrument panel, that will automatically maintain a preset engine rpm. A switch will be installed, at the cab instrument panel, for activation/deactivation.

The high idle will be operational only when the parking brake is on and the truck transmission is in neutral. A green indicator light will be provided, adjacent to the switch. The light will illuminate when the above conditions are met. The light will be labeled "OK to Engage High Idle." Bid #: 905 8
PGCC 10-5-2022

0687994 Engine Brake, Jacobs Compression
Brake, Cummins Engine

ENGINE BRAKE
A Jacobs® engine brake is to be installed with the controls located on the instrument panel within easy reach of the driver.

The driver will be able to turn the engine brake system on/off and have a high, medium and low setting.

The engine brake will activate when the system is on and the throttle is released.

The high setting of the brake application will activate and work simultaneously with the variable geometry turbo (VGT) provided on the engine.

The engine brake will be installed in such a manner that when the engine brake is slowing the vehicle the brake lights are activated.

The ABS system will automatically disengage the auxiliary braking device, when required. 0552334 Clutch, Fan, Air Actuated, Horton
Drive Master

CLUTCH FAN
A Horton® fan clutch will be provided. The fan clutch will be automatic when the pump transmission is in "Road" position, and fully engaged in "Pump" position. 0640477 Air Intake, Metal Screen, Saber
FR/Enforcer

ENGINE AIR INTAKE
The engine air intake will be located above the engine cooling package. It will draw fresh air from the front of the apparatus through the radiator grille.

A stainless steel metal screen will be installed at the inlet of the air intake system that will meet NFPA 1901 requirements.

The air cleaner and stainless steel screen will be easily accessible by tilting the cab. 0794743 Exhaust System, 5", X12/X15, MX13,
Engine, Horizontal, Right Side

EXHAUST SYSTEM
The exhaust system will include a Single Module™ aftertreatment device to meet current EPA standards. The exhaust system will be stainless steel from the turbo to the inlet of the aftertreatment device, and will be 5.00" in diameter. An insulation wrap will be provided on all exhaust pipes between the turbo and aftertreatment device to minimize the heat loss to the aftertreatment device. The exhaust will terminate horizontally ahead of the right side rear wheels.

A tailpipe diffuser will be provided to reduce the temperature of the exhaust as it exits. Heat deflector shields will be provided to isolate chassis and body components from the heat of the tailpipe diffuser.
0683310 Diffuser, Exhaust, Modified For
Extraction, 5"x7"x5", Flush With Rub
Rail, CARE

EXHAUST MODIFICATION
The exhaust pipe will be 90 degrees to the body.

The diffuser will  be reduced to  5.00" in the center to accommodate the fire department's air recovery system. The 5.00" extension pipe coming out of the end of the diffuser will be flush with the body rub rail.  There will be a minimum of  4.00" clearance between the top of the 5.00" extension and the bottom of the body.

There will be a minimum of 2.50" from the exhaust pipe to the under side of the body heat shield.

The last 7.00" of the exhaust will be free of hangers and/or clamps. 0788765 Radiator, Saber FR/Enforcer

RADIATOR
The radiator and the complete cooling system will meet or exceed NFPA and engine manufacturer cooling system standards.

For maximum corrosion resistance and cooling performance, the entire radiator core will be constructed using long life aluminum alloy. The radiator core will consist of aluminum fins, having a serpentine design, brazed to aluminum tubes.

The radiator core will have a minimum front area of 1060 square inches.

Supply tank will be made of heavy duty glass-reinforced nylon and the return tank will be mode of aluminum. Both tanks will be crimped onto the core assembly using header tabs and a compression gasket to complete the radiator core assembly. There will be a full steel frame around the inserts to enhance cooling system durability and reliability.

The radiator will be compatible with commercial antifreeze solutions.

The radiator assembly will be isolated from the chassis frame rails with rubber isolators to prevent the development of leaks caused by twisting or straining when the apparatus operates over uneven terrain.

The radiator will include a de-aeration/expansion tank. For visual coolant level inspection, the radiator will have a built-in sight glass. The radiator will be equipped with a 15 psi pressure relief cap.

A drain port will be located at the lowest point of the cooling system and/or the bottom of the radiator to permit complete flushing of the coolant from the system.

Shields or baffles will be provided to prevent recirculation of hot air to the inlet side of the radiator. 0001090 Cooling Hoses, Rubber

COOLANT LINES
Gates, or Goodyear, rubber hose will be used for all engine coolant lines installed by Pierce Manufacturing.

Hose clamps will be stainless steel constant torque type to prevent coolant leakage. They will expand and contract according to coolant system temperature thereby keeping a constant clamping pressure on the hose.
0788718 Radiator Coolant, Peak Final Charge
Global OAT, Red

RADIATOR COOLANT
The radiator will be cooled with PEAK Final Charge® Global extended life coolant with organic acid technology (OAT).

The color of the coolant will be red.

Bid #: 905 9
PGCC 10-5-2022

0021126 Fuel Tank, 50 Gallon, Left Side Fill

FUEL TANK
A 50 gallon fuel tank will be provided and mounted at the rear of the chassis. The tank will be constructed of 12-gauge, hot rolled steel. It will be equipped with swash partitions and a vent. To eliminate the effects of corrosion, the fuel tank will be mounted with stainless steel straps.

A .75" drain plug will be located in a low point of the tank for drainage.

A fill inlet will be located on the left hand side of the body and is covered with a hinged, spring loaded, stainless steel door that is marked "Ultra Low Sulfur - Diesel Fuel Only".

A .50" diameter vent will be installed from tank top to just below fuel fill inlet.

The fuel tank will meet all FHWA 393.67 requirements including a fill capacity of 95 percent of tank volume.
0001129 Lines, Fuel All fuel lines will be provided as recommended by the engine manufacturer. 0758340 SP DEF Tank, 4.5 Gallon, DS Fill,
Rearward of Rr Axle, Common
Triangular Door

DIESEL EXHAUST FLUID TANK
A 4.5 gallon diesel exhaust fluid (DEF) tank will be provided and mounted in the driver's side body rearward of the rear axle.

A 0.50" drain plug will be provided in a low point of the tank for drainage.

A fill inlet will be provided and marked "Diesel Exhaust Fluid Only". The fill inlet will be located adjacent to the engine fuel inlet behind a common painted door on the driver side of the vehicle.

The tank will meet the engine manufacturers requirement for 10 percent expansion space in the event of tank freezing.

The tank will include an integrated heater unit that utilizes engine coolant to thaw the DEF in the event of freezing.
0723716 Fuel Priming Pump, Electronic,
Automatic, Cummins, No Swt Req'd

FUEL PRIMING PUMP
A Cummins automatic electronic fuel priming pump will be integrated as part of the engine. 0552567 Shutoff Valve, Fuel Line @ Fuel Tank

FUEL SHUTOFF
A shutoff valve will be installed in the fuel line, at the fuel tank. 0553019 Cooler, Engine Fuel, Imp/Vel,
AXT/Qtm/Sab/DCF/SFR/Enf

FUEL COOLER
An air to fuel cooler will be installed in the engine fuel return line. 0578959 Fuel/Water Separator, Racor Inline

FUEL SEPARATOR
The engine will be equipped with a Racor in-line spin-on fuel and water separator in addition to the engine fuel filters.
0801886 Trans, Allison 6th Gen, 4500 EVS P,
Imp/Vel/Enf

TRANSMISSION
An Allison 6th generation, Model EVS 4500P, electronic, torque converting, automatic transmission will be provided.

Two (2) PTO openings will be located on left side and top of converter housing (positions 8 o'clock and 1 o'clock).

A transmission temperature gauge with amber light and buzzer will be installed on the cab instrument panel.
0644809 Transmission, Shifter, 6-Spd, Push
Button, 4500 EVS, 4+2 Mode,
AXT/Qtm/DCF/Enf

TRANSMISSION SHIFTER
A six (6)-speed push button shift module with four (4) + two (2) "Mode" selector will be mounted to right of driver on console. Shift position indicator will be indirectly lit for after dark operation.

The transmission ratio will be 1st - 4.70 to 1.00, 2nd - 2.21 to 1.00, 3rd - 1.53 to 1.00, 4th - 1.00 to

1.00, 5th - 0.76 to 1.00, 6th - 0.67 to 1.00, R - 5.55 to 1.00. 0684459 Transmission Oil Cooler, Modine,
External

TRANSMISSION COOLER
A Modine plate and fin transmission oil cooler will be provided using engine coolant to control the transmission oil temperature.
0565656 Fluid, 4000/4500 Series
Transmission,TranSynd synthetic,
IPOS, Custom

TRANSMISSION FLUID
The transmission will be provided with TranSynd heavy duty synthetic transmission fluid. 0001375 Driveline, Spicer 1810 DRIVELINE
Drivelines will be a heavy-duty metal tube and be equipped with Spicer® 1810 universal joints.

The shafts will be dynamically balanced before installation.

A splined slip joint will be provided in each driveshaft where the driveline design requires it. The slip joint will be coated with Glidecoat® or equivalent.

Bid #: 905 10
PGCC 10-5-2022

0669988 Steering, Sheppard M110 w/Tilt, TAK4, Eaton Pump, w/Cooler

STEERING
Dual Sheppard, Model M110, steering gears, with integral heavy-duty power steering, will be provided. For reduced system temperatures, the power steering will incorporate an air to oil cooler and an Eaton, Model VN20, hydraulic pump with integral pressure and flow control. All power steering lines will have wire braded lines with crimped fittings.

A tilt and telescopic steering column will be provided to improve fit for a broader range of driver configurations.
0605356 Steering Wheel, 4 Spoke without
Controls, Saber FR/Enforcer

STEERING WHEEL
The steering wheel will be 18.00" in diameter, have tilting and telescoping capabilities, and a 4- spoke design.
0690274 Logo/Emblem, on Dash

LOGO AND CUSTOMER DESIGNATION ON DASH
The dash panel will have an emblem containing the Pierce logo and customer name.  The emblem will have three (3) rows of text for the customer's department name.  There will be a maximum of eight (8) characters in the first row, 11 characters in the second row and 11 characters in the third row.

The first row of text will be:   CITY
The second row of text will be:  OF
The third row of text will be:  PACIFIC GROVE
0606557 Bumper, 13" Extended, Saber
FR/Enforcer
BUMPER
A one (1) piece, ten (10) gauge, 304-2B type polished stainless steel bumper, minimum of 10.00" high, will be attached to a bolted modular extension frame constructed of 50,000 psi tensile steel "C" channel mounted directly behind it to provide adequate support strength.

The bumper will be extended 13.00" from front face of cab.

Gravel Pan
A gravel pan, constructed of bright aluminum treadplate, will be furnished between the bumper and cab face. The gravel pan will be properly supported from the underside to prevent flexing and vibration of the aluminum treadplate.
0639017 Tray, Hose, Center, 13" Bumper,
Outside Air Horns

CENTER HOSE TRAY
A hose tray, constructed of aluminum, will be placed in the center of the bumper extension.

The tray will have a capacity of 100' of 1.50" double jacket cotton-polyester hose.

Black rubber grating will be provided at the bottom of the tray. Drain holes are also provided. 0624826 Hose Restraint, Bumper Tray, 2.00"
Straps, Fasteners, Pair
Center Hose Tray Restraint
There will be one (1) pair of hose tray restraint straps located over the center mounted tray.

The restraints will be 2.00" wide black nylon straps with seat belt buckle fasteners provided. The straps will be used to secure the hose in the tray.
0614646 No Lift & Tow Package, Imp/Vel, AXT,
SFR/Enf
0002270 Tow Hooks, Chrome

TOW HOOKS
Two (2) chromed steel tow hooks will be installed under the bumper and attached to the front frame members. The tow hooks will be designed and positioned to allow up to a 6,000 lb straight horizontal pull in line with the centerline of the vehicle. The tow hooks will not be used for lifting of the apparatus.

Bid #: 905 11
PGCC 10-5-2022

0648332 Cab, Enforcer, 7010

CAB
The Enforcer cab will be designed specifically for the fire service and manufactured by the chassis builder.

The cab will be built by the apparatus manufacturer in a facility located on the manufacturer's premises.

For reasons of structural integrity and enhanced occupant protection, the cab will be a heavy duty design, constructed to the following minimal standards.

The cab will have 12 main vertical structural members located in the A-pillar (front cab corner posts), B-pillar (side center posts), C-pillar (rear corner posts), and rear wall areas. The A-pillar will be constructed of solid A356-T5 aluminum castings. The B-pillar and C-pillar will be constructed from 0.13" wall extrusions. The rear wall will be constructed of two (2) 2.00" x 2.00" outer aluminum extrusions and two (2) 2.00" x 1.00" inner aluminum extrusions. All main vertical structural members will run from the floor to 4.625" x 3.864" x 0.090" thick roof extrusions to provide a cage-like structure with the A-pillar and roof extrusions being welded into a 0.25" thick corner casting at each of the front corners of the roof assembly.

The front of the cab will be constructed of a 0.13" firewall plate, covered with a 0.090" front skin (for a total thickness of 0.22"), and reinforced with a full width x 0.50" thick cross-cab support located just below the windshield and fully welded to the engine tunnel. The cross-cab support will run the full width of the cab and weld to each A-pillar, the 0.13" firewall plate, and the front skin.

The cab floors will be constructed of 0.125" thick aluminum plate and reinforced at the firewall with an additional 0.25" thick cross-floor support providing a total thickness of 0.375" of structural material at the front floor area. The front floor area will also be supported with two (2) triangular

0.30" wall extrusions that also provides the mounting point for the cab lift. This tubing will run from the floor wireway of the cab to the engine tunnel side plates, creating the structure to support the forces created when lifting the cab.

The cab will be 96.00" wide (outside door skin to outside door skin) to maintain maximum maneuverability.

The forward cab section will have an overall height (from the cab roof to the ground) of approximately 99.00". The crew cab section will have a 10.00" raised roof, with an overall cab height of approximately 109.00". The overall height listed will be calculated based on a truck configuration with the lowest suspension weight rating, the smallest diameter tires for the suspension, no water weight, no loose equipment weight, and no personnel weight. Larger tires, wheels, and suspension will increase the overall height listed.

The floor to ceiling height inside the crew cab will be 64.50" in the center and outboard positions.

The crew cab floor will measure 46.00" from the rear wall to the back side of the rear facing seat risers.

The medium block engine tunnel, at the rearward highest point (knee level), will measure 61.50" to the rear wall. The big block engine tunnel will measure 51.50" to the rear wall.

The crew cab will be a totally enclosed design with the interior area completely open to improve visibility and verbal communication between the occupants.

The cab will be a full tilt cab style.

A 3-point cab mount system with rubber isolators will improve ride quality by isolating chassis vibrations from the cab.

CAB ROOF DRIP RAIL
For enhanced protection from inclement weather, a drip rail will be furnished on the sides of the cab. The drip rail will be painted to match the cab roof, and bonded to the sides of the cab. The drip rail will extend the full length of the cab roof.

INTERIOR CAB INSULATION
The cab will include 1.00" insulation in the ceiling, 1.50" insulation in the side walls, and 2.00" insulation in the rear wall to maximize acoustic absorption and thermal insulation.

FENDER LINERS
Full circular inner fender liners in the wheel wells will be provided.

PANORAMIC WINDSHIELD
A one (1)-piece safety glass windshield will be provided with over 2,775 square inches of clear viewing area. The windshield will be full width and will provide the occupants with a panoramic view. The windshield will consist of three (3) layers: outer light, middle safety laminate, and inner light. The outer light layer will provide superior chip resistance. The middle safety laminate layer will prevent the windshield glass pieces from detaching in the event of breakage. The inner light will provide yet another chip resistant layer. The cab windshield will be bonded to the aluminum windshield frame using a urethane adhesive. A custom frit pattern will be applied on the outside perimeter of the windshield for a finished automotive appearance.

WINDSHIELD WIPERS
Three (3) electric windshield wipers with washer will be provided that meet FMVSS and SAE requirements.

The washer reservoir will be able to be filled without raising the cab. 0747442 Engine Tunnel, X12, MX13, Enforcer

ENGINE TUNNEL
Engine hood side walls will be constructed of 0.375" aluminum. The top will be constructed of

0.125" aluminum and will be tapered at the top to allow for more driver and passenger elbow room.

The engine hood will be insulated for protection from heat and sound. The noise insulation keeps the dBA level within the limits stated in the current NFPA 1901 standards.

The engine tunnel will be no higher than 17.00" off the crew cab floor. 0633594 Rear Wall, Interior, Adjustable
Seating

INTERIOR CREW CAB REAR WALL ADJUSTABLE SEATING (PATENT PENDING) The interior rear wall of the crew cab will have mounting holes every 2.75" to allow for adjustability of the forward facing crew cab seating along the rear wall. Seats will be adjustable with use of simple hand tools allowing departments flexibility of their seating arrangement should their department needs change.

Bid #: 905 12
PGCC 10-5-2022