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CITY COUNCIL
REGULAR MEETING AGENDA
Wednesday, October 19, 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
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. In order to allow the City Council adequate time to review communication related to an agenda item, it is recommended that the communication be sent no later than 9:00 AM on the day prior to the City Council meeting.
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MEETING INSTRUCTIONS
The public may also view the meeting on the Peninsula Channel 25.
AGENDA
CALL TO ORDER
PLEDGE OF ALLEGIANCE:
Councilmember Poduri
1. APPROVAL OF AGENDA
2. PRESENTATIONS
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.
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 October 5, 2022 City Council Special and Regular Meetings Reference:
Sandra Kandell, City Clerk/DEI Coordinator
Recommended Action:
Approve minutes.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
6. RESOLUTIONS
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business A.
Resolution Amending Council Policy 000-19 for Records Retention and Records Management Reference:
Sandra Kandell, City Clerk
Recommended Action:
Approve a resolution amending Council Policy No. 000-19 to update the City records retention and records management schedule and reflect revisions from City departments.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 B.
Contract Amendment with HdL Companies and Resolution Authorizing the Examination of Sales or Transactions and Use Tax Records.
Reference:
Jennifer Pope, Management Analyst
Recommended Action:
1. Direct staff to prepare a contract amendment with
HdL
Companies for an extension to June 30, 2023 (renewable for an additional 1 year thereafter) in an amount not to exceed $60,000 for the following:
Sales, Use and Transactions Tax Auditing and Information Services; Business License Tax Operations and Compliance Services; Transient Occupancy Tax Operations Management Services; and
2. Authorize the Mayor to sign the amendment to reflect the aforementioned contract term and amount; and
3. Adopt a Resolution Authorizing the Examination of Sales or Transactions and Use Tax Records.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
7. ORDINANCES
Items pulled from this section will be placed under 11. Public Hearings
8. REPORTS – INFORMATION ONLY
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business A.
Check Register Report - September 2022
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 B.
Core Revenue Reports for September 2022
Reference:
Tori Hannah, Administrative Services Director/Assistant City Manager Recommended Action:
Receive the Core Revenue Reports for September 2022.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 C.
2022 League of California Cities Annual Conference
Reference:
Chaps Poduri, Councilmember
Recommended Action:
Receive report.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 D.
City Council Goals and Tactics Update
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
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.
Measure X Funding Agreement - Cedar, Sunset & Congress Intersection Improvement Project Reference:
Daniel Gho, Public Works Director / Deputy City Manager Recommended Action:
Authorize the execution of a Measure X Funding Agreement with the Transportation Agency for Monterey County for an amount not to exceed $1,000,000, to fund the Project Approval and Environmental Document Phase of the Cedar, Sunset & Congress Intersection Improvements Project.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 C.
Fee Waiver Request, Coastal Conservancy, Council Chambers Reference:
Daniel Gho, Public Works Director / Deputy City Manager Recommended Action:
Allow the California Coastal Conservancy to use Council Chambers on November 30, 2022 and December 1, 2022 to host their Quarterly meeting, and waive all fees associated with the rental of the Council Chambers CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
10. MEETING MINUTES OF COMMISSIONS, BOARDS, AND COMMITTEES Items pulled from this section will be placed under 13. New Business A.
Diversity, Equity and Inclusion Minutes: September 12, 2022 Reference:
Sandra Kandell, City Clerk/DEI Coordinator
Recommended Action:
Receive minutes.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 B.
Library Board Minutes: July 11, 2022
Reference:
Diana Godwin, Library Director
Recommended Action:
Receive minutes.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 C.
Planning Commission Meeting Minutes: July 14, 2022 and August 11, 2022 Reference:
Joseph Sidor, Contract Planner
Recommended Action:
Receive the minutes.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
REGULAR AGENDA
11. PUBLIC HEARINGS
For public hearings involving a quasi-judicial determination by the Council, the proponent of an item may be given 10 minutes to speak and others in support of the proponent’s position may be given three minutes each. A designated spokesperson for opposition to the item may be given 10 minutes to speak and all others in opposition may be given three minutes each. Very brief rebuttal and surrebuttal may be allowed in the sole discretion of the Council. In public hearings not involving a quasi-judicial determination by the Council, all persons may be given three minutes to speak on the matter. Public hearings on non-controversial matters or for which testimony is not anticipated may be placed on the Consent Agenda, but shall be removed if any person requests a staff presentation or wishes to be heard on the matter.
A.
PERC Water Extension
This item was continued from the Council's October 5, 2022 meeting. Action is required by October 19, 2022.
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, 2023) 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 B.
Concept Review: New Fire Engine
This item was continued from the Council's October 5, 2022 meeting.
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 C.
Empty Home Tax
This item was continued from the Council's October 5, 2022 meeting.
Reference:
Jenny McAdams, Councilmember
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 D.
Appeal of Architectural Permit and Tree Permit with Development (AP/TPD) No. 22-0108, 1166 Presidio Boulevard, Pacific Grove (APN 007-591-013) Reference:
Joseph Sidor, Contract Planner
Recommended Action:
Deny the appeal, find the project categorically exempt per CEQA Guidelines Section 15302, and approve the Architectural Permit and Tree Permit with Development (AP-TPD 22-0108) subject to the findings and conditions of approval.
CEQA:
Categorical Exemption, CEQA Guidelines Section 15302, Class 2, Replacement or Reconstruction of Existing Structures and Facilities E.
Safe Parking Program Revisions
Reference:
Jocelyn Francis, Police Administrative Services Manager Recommended Action:
Introduce and hold of the first reading of an ordinance that amends Pacific Grove Municipal Code Chapter 18.36.050 related to the safe parking program. Direct that publication of the ordinance will be satisfied by publication of a summary approved by the City Attorney.
CEQA:
Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities F.
Ordinance Amending Pacific Grove Municipal Code Chapter 14.04-Marine Refuge Establishing Roadwork Restrictions During the Harbor Seal Pupping Season.
Reference:
Brian Pierik, City Attorney
Recommended Action:
Request a reading of the Ordinance Title;
Motion to waive further reading;
Introduce and hold first reading of an ordinance amending Municipal Code Section Chapter 14.04 Marine Refuge Establishing Roadwork Restrictions During the Harbor Seal Pupping Season; and Direct that publication of the ordinance will be satisfied by publication of a summary approved by the City Attorney.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 G.
Proposed Ordinance Amending Chapters 2.05 and 2.16 and 6.20 of the Pacific Grove Municipal Code on Authority of Mayor to Sign Contracts and Purchasing System and Procedures and Warrants Reference:
Brian Pierik, City Attorney
Recommended Action:
Request a reading of the title of the Ordinance;
Motion to waive further reading;
Introduce and hold first reading of an Ordinance Amending Chapters 2.05 and 2.16 and 6.20 of the Pacific Grove Municipal Code on Authority of Mayor to Sign Contracts and Purchasing System and Procedures and Warrants; and Direct that publication of the ordinance will be satisfied by publication of a summary approved by the City Attorney.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
12. UNFINISHED AND ONGOING BUSINESS
13. NEW BUSINESS
A.
Climate Action and Adaptation Plan
Reference:
Megan McKenna, BNRC Commissioner
Recommended Action:
Receive presentation and provide direction.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 B.
Single Use Plastic Code Revisions
Reference:
Susan Meyers, BNRC Commissioner
Recommended Action:
Receive presentation and provide direction.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
14. FULL PRESENTATIONS
15. CLOSED SESSION
A.
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): (One case: Arising out of letter received from Andrew Sandovol on August 25, 2022) Reference:
Brian A. Pierik, City Attorney
Recommended Action:
Receive update.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
ADJOURNMENT
NOTICE OF ADA COMPLIANCE: Pursuant to Title II of the Americans with Disabilities Act (Codified At 42 United States Code Section 12101 and 28 Code of Federal Regulations Part 35), and Section 504 of the Rehabilitation Act of 1973, the City of Pacific Grove does not discriminate on the basis of race, color, religion, national origin, ancestry, sex, disability, age or sexual orientation in the provision of any services, programs, or activities. The City of Pacific Grove does not discriminate against persons with disabilities. City Hall is an accessible facility. A limited number of assisted listening devices will be available at this meeting. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting or provide the requested agenda format.