Agenda packet, regular meeting — Pacific Grove City Council, October 19, 2022 (part 3 of 3)

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WHAT IS NOT COVERED
 DAMAGE DUE TO ACCIDENT, MISUSE, or ALTERATION — Defects and damage caused as the result of any of the following are not covered:
— Flood, collision, fire, theft, freezing, vandalism, riot, explosion, or objects striking the vehicle; — Misuse of the vehicle;
— Installation into unapproved applications and installations; — Alterations or modification of the transmission or the vehicle, and — Damage resulting from improper storage (refer to long-term storage procedure outlined in the applicable Allison Service Manual) — Anything other than defects in Allison Transmission material or workmanship NOTE: This warranty is void on transmissions used in vehicles currently or previously titled as salvaged, scrapped, junked, or totaled.  CHASSIS, BODY, and COMPONENTS — The chassis and body company (assemblers) and other component and equipment manufacturers are solely responsible for warranties on the chassis, body, component(s), and equipment they provide. Any transmission repair caused by an alteration(s) made to the Allison transmission or the vehicle which allows the transmission to be installed or operated outside of the limits defined in the appropriate Allison Installation Guideline is solely the responsibility of the entity making the alteration(s).  DAMAGE CAUSED by LACK of MAINTENANCE or by the USE of TRANSMISSION FLUIDS NOT RECOMMENDED in the OPERATOR’S MANUAL — Defects and damage caused by any of the following are not covered:
— Failure to follow the recommendations of the maintenance schedule intervals applicable to the transmission; — Failure to use transmission fluids or maintain transmission fluid levels recommended in the Operator’s Manual.  MAINTENANCE — Normal maintenance (such as replacement of filters, screens, and transmission fluid) is not covered and is the owner’s responsibility.
 REPAIRS by UNAUTHORIZED DEALERS — Defects and damage caused by a service outlet that is not an authorized Allison Transmission Distributor or Dealer are not covered.
 USE of OTHER THAN GENUINE ALLISON TRANSMISSION PARTS — Defects and damage caused by the use of parts that are not genuine Allison Transmission parts are not covered.  EXTRA EXPENSES — Economic loss and extra expenses are not covered. Examples include but are not limited to: loss of vehicle use; inconvenience; storage; payment for loss of time or pay; vehicle rental expense; lodging; meals; or other travel costs.  “DENIED PARTY” OWNERSHIP — Warranty repair parts and labor costs are not reimbursed to any participating or non-participating OEMs, dealers or distributors who perform warranty work for, or on behalf of, end users identified by the United States as being a “denied party” or who are citizens of sanctioned or embargoed countries as defined by the U.S. Department of Treasury Office of Foreign Assets Control. Furthermore, warranty reimbursements are not guaranteed if the reimbursement would be contrary to any United States export control laws or regulations as defined by the U.S. Department of Commerce, the U.S. Department of State, or the U.S. Department of Treasury.

OTHER TERMS APPLICABLE TO CONSUMERS AS DEFINED by the MAGNUSON-MOSS WARRANTY ACT This warranty gives you specific legal rights and you may also have other rights which vary from state to state.

Allison Transmission does not authorize any person to create for it any other obligation or liability in connection with these transmissions.

ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THESE TRANSMISSIONS IS LIMITED IN DURATION TO THE DURATION OF THIS WRITTEN WARRANTY.

PERFORMANCE OF REPAIRS AND NEEDED ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOST WAGES OR VEHICLE RENTAL EXPENSES) RESULTING FROM BREACH OF THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY.** ** Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

OTHER TERMS APPLICABLE TO OTHER END-USERS

THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE ALLISON TRANSMISSION MODELS LISTED

ABOVE AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALLISON

TRANSMISSION DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SUCH TRANSMISSIONS. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY.

QUESTIONS
If you have any questions regarding this warranty or the performance of warranty obligations, you may contact any Allison Transmission Distributor or Dealer or write to:

Allison Transmission, Inc.

P.O. Box 894
Indianapolis, IN 46206-0894
Attention: Warranty Administration PF-9
Form SE0616EN (201009)

Page 2 of 2 ends

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Warranty Begins:

The transmission cooler shall be free from component or structural failures caused by defects in material and/or workmanship. Collateral damage up to $10,000 per
occurrence is available for the first three (3) years.
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.

Five (5) Years on Oil Cooler and three (3) years on collateral damage coverage
Warranty Period
Ends After:

Fire and Rescue Apparatus
Coverage:

Five (5) Year Material and Workmanship - Transmission Oil Cooler Three (3) Year Collateral Damage Coverage

1. LIMITED WARRANTY
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

The date of delivery to the first retail purchaser.

This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty does not cover repair due to accidents,
misuse, and excessive vibration, flying debris, storage damage (freezing), negligence or modification. This warranty is void if any modification or repairs are performed without authorization. This also voids any future warranty.

This warranty does not cover cost of maintenance or repairs due to lack of required maintenance services as
recommended. Performance of the required maintenance
and use of proper fluids are the responsibility of the owner.

Towing is covered to the nearest distributor or authorized dealer only when necessary to prevent further damage to your transmission.

Labor costs for the removal and reinstallation of goods may be covered when necessary to make repairs. Please contact your OEM for authorization.

Replacement of cooler during the warranty period is limited to 100% of reasonable labor costs up to a maximum of $700 to remove, replace, or repair the oil cooler.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

3. BUYER'S EXCLUSIVE REMEDY.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.

One (1) Year & Five (5) Year Warranty Period
Ends After:

Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 1/30/2013 WA0231
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES

ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Fire and Rescue Apparatus
Coverage:

One (1) Year Material and Workmanship Foam System & Five (5) Year Material and Workmanship Control Head
Limited Warranty
Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

Limited warranty 1 year parts and labor for for the foam system and 5 years parts and labor for the control head.

1. LIMITED WARRANTY
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

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Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0057

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any:

Topcoat Durability & Appearance: Gloss, Color Retention & Cracking
0-72 months 100%
73-96 months 50%
97-120 months 25%
Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100%
37-84 months 50%
85-120 months 25%
Corrosion: Dissimilar Metal and Crevice
0-36 months 100%
37-48 months 50%
49-72 months 25%
73-120 months 10%
Corrosion Perforation
0-120 months 100%
This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty.

Items not covered by this warranty include:
(a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual).
(b) UV paint fade.
(c) Any cab not manufactured by Pierce.

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Pro-Rated Paint and Corrosion
Custom Body
Ten (10) Years Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

Exterior surfaces of the body shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

3. BUYER'S EXCLUSIVE REMEDY.

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Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/22/2010 WA0168

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty does not cover damage from lack of
maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and
maintenance manual).

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:

One (1) Year Material and Workmanship
Graphics Fading and Deterioration
One (1) Year Warranty Period
Ends After:

The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first. Warranty Begins:

Each graphic lamination shall be free from defects in material, workmanship, fading, and deterioration.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

3. BUYER'S EXCLUSIVE REMEDY.

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Sample Financing Options
Conventional Diesel Fire Engine: $882,000
First Payment Begins in August 2023 First Payment Begins in August 2024 7 Year 10 Year 15 Year
No Down Payments
Annual Payment $147,188 $109,258 $83,932 $117,060 $92,381 Number of Payments 7 10 15 10 14
Rate 4.24% 4.24% 4.94% 4.72% 4.94%
Total Payments 1,030,313 1,092,584 1,258,987 1,170,597 1,293,334 Total Principal 882,000 882,000 882,000 882,000 882,000 Total interest 148,313 210,584 376,987 288,597 411,334
With $80,000 Down
(same rate and number of payments, as listed above)
Annual Payment $133,818 $99,329 $76,320 $106,442 $84,002 Total Payments 936,729 993,294 1,144,794 1,064,420 1,176,028 Total Principal 802,000 802,000 802,000 802,000 802,000 Total interest 134,729 191,294 342,794 262,420 374,028
First Payment Begins in August 2023 First Payment Begins in August 2024 10 Year
No Down Payments
Annual Payment $253,109 $264,989
Number of Payments 10 10
Rate 4.69% 4.69%
Total Payments 2,531,090 2,649,890
Total Principal 2,000,000 2,000,000
Total interest 531,090 649,890
With $200,000 Down
(same rate and number of payments, as listed above)
Annual Payment $227,798 $238,491
Total Payments 2,277,980 2,384,910
Total Principal 1,800,000 1,800,000
Total interest 477,980 584,910
(1) Lending policies are more restrictive with new technologies. At this time, Community Leasing Partners (CLP) is not offering a fifteen-year term on a 100% electric fire engine. If a hybrid option is elected, the CLP representative would have to seek additional approval. Alternate financing terms and options may be pursued for the electric fire engine, based on Council direction.
11 Year term, with 10
annual payments
15 Year term, with 14
annual payments
Electric Fire Engine: $2 Million (1)
11 Year term, with 10
annual payments
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City Council
City of Pacific Grove
Concept Review:

New Fire Engine
October 5, 2022 Gaudenz Panholzer, Fire Chief – [email protected] 1 PG CC 10/19/22
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 Provide direction to staff on whether
to purchase an electric or dieselpowered fire engine and authorize the purchase.

October 5, 2022 Gaudenz Panholzer, Fire Chief – [email protected] 2 PG CC 10/19/22
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 The City of Pacific Grove presently owns
two fire engines
 Leased to Monterey in Contract for Fire
Services
 Front Line – 2006 Pierce (119,000 mi)
 Reserve – 1997 Pierce (87,000 mi)
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 Factors considered are age, mileage, and
repair costs
 15 years frontline service is normal
 Recent repairs have been expensive due to
major system failures
 Lead time for a new engine is 24 months or
more
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 Three manufacturers produce electric fire
engines
 Varying implementation of technology
 All have diesel back-up
 Cost of electric engine $1.7M to $1.9M
 Requires charging infrastructure in station
adding ~$150,000 to purchase
October 5, 2022 Gaudenz Panholzer, Fire Chief – [email protected] 5 PG CC 10/19/22
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Diesel vs. Electric
DIESEL
 Supported by current
infrastructure
 Local maintenance
 Significantly lower cost
 Higher anticipated
maintenance and
operations costs
 Known technology and
long-term reliability

ELECTRIC
 Requires new
infrastructure
 Maintenance depends
on manufacturer service
 Higher cost
 Lower anticipated
maintenance cost
 New technology with
unknown long-term
viability (battery life)
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 Staff has researched options for financing an
engine purchase
 Options range for up to 15-year financing
 With or without down payments
 Electric engine financing only for 10 years
 Staff research ongoing
October 5, 2022 Gaudenz Panholzer, Fire Chief – [email protected] 7 PG CC 10/19/22
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October 5, 2022 Gaudenz Panholzer, Fire Chief – [email protected] 8 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
Above proposal good through October 31, 2022, at which time a 6.5% price increase will go into effect.

No formal proposals were received for electric engines. Informally, manufacturers provided a price range of $1.7M to $1.9M.

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

1. Direct staff to initiate the purchase of a conventional, dieselpowered fire engine

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

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

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

5. Provide alternate direction
October 5, 2022 Gaudenz Panholzer, Fire Chief – [email protected] 9 PG CC 10/19/22
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City Council
City of Pacific Grove
Questions
October 5, 2022 Gaudenz Panholzer, Fire Chief – [email protected] 10 PG CC 10/19/22
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Agenda No. 11 C

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Jenny McAdams, Councilmember
MEETING DATE: October 19, 2022
SUBJECT: Empty Home Tax This item was continued from the Council's October 5, 2022 meeting.

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

RECOMMENDATION
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.

DISCUSSION
Several cities where 2nd, 3rd, and 4th homes sit empty in their neighborhoods are discussing the concept of bringing an “Empty Home Tax” to their voters. Locally, the City of Santa Cruz has Measure N on their November ballot. The definition of an empty home is set by each City, which are the underutilized and empty homes that sit in neighborhoods within the City’s boundary.

Implemented “Empty Home Tax” programs have shown to:

1. Encourage owners to rent out their homes long term.

2. Promote home sales to buyers who want to live full time in the City.

3. Provide annual revenues for critical infrastructure improvements and city services.

Provide annual revenues to support affordable housing, down payment assistance, renter assistance, and other housing programs.

4. Per the 2020 census, the City of Pacific Grove has 1,349 vacant homes. Homes that sit empty contribute to a loss in sales tax revenues as well as diminish the vibrancy and strength of communities and neighborhoods.

Total Housing Units 2020 Census:

See Attachment 1
Potential Pacific Grove Empty Home Tax Annual Revenues:

Empty
Homes
$2,000
Tax
$3,000
Tax
$6,000 Tax
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1,349 $2,698,000 $4,047,000 $8,094,000
1,500 $3,000,000 $4,500,000 $9,000,000
1,700 $3,400,000 $5,100,000 $10,200,000
2,000 $4,000,000 $6,000,000 12,000,000

GOAL ALIGNMENT
Financial Stability: Develop a strategic plan to better address current and future City expenditure and revenue needs while continuing to provide high quality municipal service.

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

City Asset Stewardship: Repair, maintain and improve City assets, including streets, sidewalks, sewer systems, buildings, parks and trails to better serve the community, anticipate future needs and prevent further degradation.

ELECTRONIC ATTACHMENTS

1. 2020 Census Data- City of Pacific Grove

2. City of Santa Cruz Empty Home Tax Measure N Information

OPTIONS

1. Provide other direction to staff.

2. Take no action.

FINANCIAL IMPACT:

There is no financial impact to hold a conceptual discussion.

GOAL ALIGNMENT: See Goal Alignment within Discussion section.

Attachments
Total Housing Units 2020
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TOTAL HOUSING UNITS 2020 CENSUS
Attachment 1
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Agenda No. 11 D

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 19, 2022
SUBJECT: Appeal of Architectural Permit and Tree Permit with Development (AP/TPD) No. 22-0108, 1166 Presidio Boulevard, Pacific Grove (APN 007-591-013) CEQA: Categorical Exemption, CEQA Guidelines Section 15302, Class 2, Replacement or Reconstruction of Existing Structures and Facilities

RECOMMENDATION
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.

DISCUSSION
Project Description
The proposed project includes the demolition of an existing 1,120 square foot one-story single-family residence and construction of a 1,986 square foot three-story single-family residence with a 246 square foot detached garage, and removal of one 9-inch Coast Live oak. The project will also include approximately 224 square feet of deck area and demolition of a shed.

Site Description
The 4,800 square foot parcel is currently developed with an 1,120 square foot one-story single-family dwelling and detached shed. The residence also includes a non-habitable lower level that does not have interior circulation with the upper level residence. The property is not located within the City's Area of Special Biological Significance, not within the Coastal Zone, not listed on the City’s Historic Resources Inventory (HRI), nor located within an archaeologically sensitive area. On May 25, 2022, the Historic Resources Committee reviewed an Initial Historic Screening (IHS 22-0081) and determined the property is ineligible for the City’s HRI.

Surrounding Land Uses
The parcel is located in an area consisting of medium- to large-sized one- to three-story residences in the Del Monte Park residential neighborhood.

Background and Summary of Appeal Contentions
The Architectural Review Board (ARB) considered the project at an ARB hearing on August 9, 2022, and voted 5 - 0 (5 yes and 0 noes) to approve the project (ARB permit attached). On August 12, 2022, the appellant submitted a timely appeal of the ARB's decision to approve the project. The appellant contended that the proposed upper level would block their ocean view (see discussion below under PG CC 10/19/22
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Guideline #9). The appellant made several other contentions that were either not relevant to the City's review or not supported by the evidence.

The Planning Commission (PC) considered the project at the September 8, 2022, public hearing, and voted unanimously (7 yes and 0 noes) to approve the project (PC permit attached) and directed the applicant to submit a corrected application form (attached) and to remove the proposed upper deck. In response to the PC's direction, the applicant submitted a corrected application form (attached) and a revised plan set (attached) that removes the upper deck from the proposed project.

On September 19, 2022, the appellant submitted a timely appeal (attached) of the Planning Commission’s decision to approve the project. As summarized, the appellant contended that the project, as approved, would result in additional tree removal and that there are errors in the site plan. As noted above, the applicant has submitted a revised plan set which includes changes to the site plan to more clearly show the proposed separation between the structures. Although the tree removal necessary to implement the project was not in question, the applicant also submitted a revised arborist report to correct several minor errors in the previous reports (revised report attached; see Tree Permit with Development section below for more information). Also, a condition has been recommended to require the installation and maintenance of tree protection measures during construction.

The appellant also requested an explanation of the CEQA exemption and that members of the City Council visit the site and the appellant's property. The use of the Class 2 CEQA exemption is explained below in the CEQA section. Among CEQA practitioners (e.g., planning staff), use of the Class 2 exemption for this type of simple project (i.e., demolition and rebuild of a single-family residence) is very common, well within the parameters of the exemption, and well within the legislative intent of California Public Resources Code, Division 13, §21000, et seq., and the associated guidelines as published in the California Code of Regulations, Title 14, §15000, et seq. (i.e., CEQA Guidelines).

Regarding a site visit, multiple CDD staff have conducted multiple visits to the site, including the appellant's property, to evaluate the potential impacts of the proposed project.

Applicable General Plan Policies
The neighborhood is designated Medium Density Residential with an allowed density of up to

9.7 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-1 zoning district which allows single-family development in areas with adequate public services.

Applicable Zoning Code Regulations
As proposed, the project complies with the zoning regulations set forth in Pacific Grove Municipal Code (PGMC) Chapter 23.16 (R-1). This includes, but is not limited to, height limit, setbacks, gross floor area and allowable site and building coverage. The project is also in compliance with the PG CC 10/19/22
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parking standards for single-family residential development in PGMC Section 23.16.070 which requires two parking spaces (one covered and one uncovered). As proposed, the new residence and garage would conform to all required development standards for the zoning district.

The applicant provided a Project Data Sheet (attached) indicating the development standards of the zoning district, existing conditions, and proposed conditions. The Architectural Permit (AP) is required per Section 23.70.060(c)(1) of the PGMC, and the required findings for the AP are located in the Draft Resolution (attached).

Tree Permit with Development (TPD)
Per PGMC 12.30.010, a Tree Resource Assessment (Ono, Certified Arborist; revised September 23, 2022) prepared for the project concluded that removal of one protected tree would occur (a 9-inch Coast Live oak). Also, two non-protected trees (5-inch non-native Pittosporums) would be removed for the proposed development. The arborist recommended no replanting because the site is heavily vegetated and has a high number of existing oaks. After the PC hearing, the applicant submitted a revised arborist report to correct several minor errors in the previous reports (revised report attached); however, the tree removal necessary to implement the project was not in question. Also, a condition has been recommended to require the installation and maintenance of tree protection measures during construction.

Architecture and Design Consideration
As proposed, the design would be compatible with the neighborhood comprised of mediumto large-sized one- to three-story residences of varying architectural styles, alignments, and scales.

Exterior color and material finishes for the project include gray vertical siding, green trim and accents, bronze aluminum windows and doors, and black asphalt shingle roof that would blend with the surrounding natural street scapes. Due to the topography of the site and proposed design, the façade also avoids large blank areas facing the street. As designed, the project would not result in any adverse visual impacts.

Architecture Review Guidelines:

The architectural style, materials and site design are in substantial conformance with the City’s Architectural Review Guidelines. Specifically, Guidelines Nos. 1, 2, 7, 9, and 24 relating to the mass and height of new structures, rooflines, 2nd floor balcony location and design, preservation of neighbor’s views, and structural scale compared to the neighborhood were used in analyzing the proposed project. As designed, the project complies with the following Architectural Review Guidelines:

Guideline #1: The mass and height of a new building should blend well with neighboring structures and not overwhelm them with disproportionate size of a design that is out of character.

As noted above, the surrounding neighborhood consists of similarly-sized residences of varying architectural styles, alignments, and scales. As proposed, the mass and height of the new residence would not overwhelm adjacent residences nor be out of character.

Guideline #2: Rooflines of new structures should be compatible with the pitch and character of roofs seen traditionally in the neighborhood.

As proposed, the pitch and character of the roofline of the new residence would be compatible with other rooflines along the street and in the neighborhood.

Guideline #7: Second floor balconies and decks should be designed and located to minimize the loss of privacy for neighboring properties.

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the neighboring properties.

Guideline #9: Attempt to preserve some portion of neighbor's views by carefully positioning or limiting the width, depth, or height of proposed building elements.

Due to the topography of the site and surrounding vicinity, as well as existing vegetation and trees, the proposed project would not adversely impact neighbor's views. Although the appellant contends that the project would result in the loss of their ocean view, staff's site visits and review determined the proposed project would result in the appellant retaining the majority of the ocean view (see attached ocean viewshed figure). Staff's review of the proposed design included multiple site visits to evaluate the ocean view. Additionally, the attached ocean viewshed figure submitted by the applicant's architect further supports staff's determination. Per staff’s review, the project conforms to Architectural Review Guideline No. 9 in that a majority portion of the neighbor’s ocean view is preserved.

Guideline #24: A new structure should appear similar in scale to those seen as traditional in the neighborhood.

The proposed residence would be similar in scale to those in the surrounding neighborhood which has numerous two-story dwellings as well as three-story residences. Also, the proposed structure would be in scale with its site and would not exceed the maximum allowed building or site coverage.

Also, as designed, the project does not create large unbroken surfaces parallel to the street, and creates a visually interesting street façade. Consistent with Guideline Nos. 38 and 40, the project proposes to use exterior colors and materials compatible with the street scape.

Lighting
Standard residential exterior lighting shall comply with Guideline Nos. 10-12, and is required as a condition of approval.

Water
Any additional water credits required to complete the project will need to be purchased from the City of Pacific Grove.

Stormwater Treatment Measure
Less than 2,500 sq ft of impervious surface will be replaced; therefore, the project does not trigger stormwater requirements.

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 associated guidelines as published in 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 15302, Class 2, allowing replacement or reconstruction of existing facilities and structures where the new structure(s) will be located on the same site as the structure(s) replaced and will have substantially the same purpose and capacity as the structure(s) replaced.

The proposed project involves the demolition of a single-family dwelling and accessory structure on the parcel and construction of a single-family dwelling and accessory structure on a residentially-zoned parcel within a developed neighborhood (i.e., replacement of an existing structure with the same purpose and on the same site). As proposed, the main dwelling unit and accessory structure would be located on the same approximate footprint as the current structure and improvements. Therefore, the project is consistent with the parameters of the Class 2 categorical exemption. Also, the proposed project is consistent with the General Plan and the neighborhood within which the project is located is PG CC 10/19/22
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not environmentally sensitive.

No adverse environmental effects were identified during staff review of the development application, nor during multiple site inspections. 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. There is no substantial evidence of an unusual circumstance because there is no feature or condition of the project that distinguishes the project from the exempt class. Additionally, there is no substantial evidence that would support a fair argument that the project has a reasonable possibility of having a significant effect on the environment or that it would result in a cumulative significant impact.

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: Not Applicable.

Attachments
Draft Resolution
Appeal Form
Application
Project Data Sheet
CEQA Exemption Form
ARB Permit 08-09-2022
PC Permit 09-08-2022
Arborist Report 09-23-2022
Ocean Viewshed Figure
Plan Set
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RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE APPROVING FILE NUMBER AP/TPD 22-0108 FOR THE DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCTION OF A SINGLEFAMILY RESIDENCE AND DETACHED GARAGE AND REMOVAL OF ONE 9-INCH COAST LIVE OAK AT 1166 PRESIDIO BOULEVARD
FACTS

1. The applicant proposes to demolish an existing 1,120 square foot one-story single-family residence and detached shed, and construct a 1,986 square foot three-story single-family residence with a 246 square foot detached garage and remove one 9-inch Coast Live oak.

2. The subject site is located at 1166 Presidio Boulevard, Pacific Grove, APN 007-591-013.

3. The subject site is approximately 4,800 square feet in size, and currently developed with an 1,120 square foot one-story single-family residence and detached shed.

4. The subject site has a land use designation of Medium Density Residential (9.7 du/ac) on the adopted City of Pacific Grove Land Use Plan Map.

5. The project site is located in the R-1 Single Family Residential zoning district.

6. The subject property is not located within the City’s Area of Special Biological Significance (ASBS), the Coastal Zone, nor within an archaeologically sensitive area.

7. The subject site is not listed on the City’s Historic Resources Inventory (HRI). Also, on May 25, 2022, the City of Pacific Grove Historic Resources Committee (HRC) reviewed an Initial Historic Screening (IHS 22-0081) and determined the property ineligible for the City’s HRI. This determination will remain in effect for 10 years from the date of approval.

8. As designed, the project would conform to all required development standards for the zoning district.

9. Per PGMC § 12.30.010, a revised Tree Resource Assessment (Ono, Certified Arborist; September 23, 2022) prepared for the project concluded that removal of one protected tree would occur (a 9-inch Coast Live oak). Also, two non-protected trees (5-inch nonnative Pittosporums) would be removed for the proposed development. The arborist recommended no replanting because the site is heavily vegetated and has a high number of existing oaks.

10. The City of Pacific Grove Architectural Review Board (ARB) reviewed the proposed project at a noticed public hearing on August 9, 2022. The ARB voted unanimously (5 – 0) to approve AP-TPD 22-0108.

11. On August 12, 2022, the appellant submitted a timely appeal of the ARB’s decision to approve AP-TPD 22-0108.

12. Pursuant to the appeal, the City of Pacific Grove Planning Commission (PC) reviewed the proposed project at a noticed public hearing on September 8, 2022. The PC voted unanimously (7 – 0) to approve AP-TPD 22-0108.

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13. On September 19, 2022, the appellant submitted a timely appeal of the PC’s decision to approve AP-TPD 22-0108.

14. The project has been determined to be Categorically Exempt per CEQA Guidelines Section 15302, Class 2, Replacement or Reconstruction, allowing replacement or reconstruction of existing facilities and structures where the new structure(s) will be located on the same site as the structure(s) replaced and will have substantially the same purpose and capacity as the structure(s) replaced. The proposed project involves the demolition of a single-family dwelling and accessory structure on the parcel and construction of a single-family dwelling and accessory structure on a residentially-zoned parcel within a developed residential neighborhood (i.e., replacement of an existing structure on the same site with the same purpose and capacity). 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 associated guidelines as published in the California Code of Regulations, Title 14, §15000, et seq. (i.e., CEQA Guidelines). As proposed, the main dwelling unit and accessory structure would be located on the same approximate footprint as the current structure and improvements. Therefore, the project is consistent with the parameters of the Class 2 categorical exemption. Also, the proposed project is consistent with the General Plan and the neighborhood within which the project is located is not environmentally sensitive. No adverse environmental effects were identified during staff review of the development application, nor during multiple site inspections. 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. There is no substantial evidence of an unusual circumstance because there is no feature or condition of the project that distinguishes the project from the exempt class.

Additionally, there is no substantial evidence that would support a fair argument that the project has a reasonable possibility of having a significant effect on the environment or that it would result in a cumulative significant impact.

FINDINGS
For an Architectural Permit per PGMC Section 23.70.060(f)

1. The architecture and general appearance of the completed project are compatible with the neighborhood.

The proposed project involves the construction of a 1,986 square foot three-story singlefamily residence with a 246 square foot detached garage, and removal of one 9-inch Coast Live oak. The project will also include approximately 224 square feet of deck area facing the rear property line. As designed, the project will be compatible with the neighborhood of medium- to large-sized one- to three-story residences. The surrounding streetscapes are comprised of residences with varying architectural styles, alignments, and scales. The proposed residence will use exterior colors and materials that will blend with the surrounding natural streetscape (i.e., gray vertical siding, green trim and accents, bronze aluminum windows and doors, and black asphalt shingle roof). Due to the topography of the site and proposed design, the façade also avoids large blank areas facing the street.

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2. The completed project will neither be detrimental to the orderly and harmonious development of the city nor impair the desirability of investment or occupation in the neighborhood.

There is no indication that the proposed re-development of the property will negatively affect the orderly and harmonious development of the city or impair the desirability of investment in the neighborhood. The proposed residence and garage will increase the value of the property and contribute to the desirability of investment in the Del Monte Park neighborhood.

3. The Council has been guided by and referenced applicable provisions of the architectural review guidelines in making its determinations on single-family residences.

The architectural style, materials and site design are in substantial conformance with the City’s Architectural Review Guidelines. Specifically, Guidelines Nos. 1, 2, 7, 9, and 24 relating to the mass and height of new structures, roof lines, 2nd floor balcony location and design, preservation of neighbor’s views, and structural scale compared to the neighborhood were used in analyzing the proposed project to ensure compliance.

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 “Meyers Residence” project dated September 26, 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.

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.

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7. Exterior Lighting. All exterior lighting must conform to Architectural Review Guidelines Nos. 10 – 12.

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. Tree Protection Standards During Construction: Pursuant to Municipal Code Chapters 12.20 and 12.30, and the Urban Forestry Standards, all trees that are otherwise protected and will be impacted as a result of development, both proposed for pruning or removal and where the development will impact the critical root zone of the tree are protected. Prior to issuance of the building permit, the Project Arborist shall review grading, drainage, utility, building and landscape plans to determine required minimum tree protection standards during construction.

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 decisions of the Architectural Review Board and the Planning Commission to approve AP-TPD 22-0108.

3. The Council finds the project categorically exempt per CEQA Guidelines Section 15302, Class 2, Replacement or Reconstruction, and also 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. 22-0108) to allow demolition of an existing 1,120 square foot one-story single-family residence and construction of a 1,986 square foot three-story single-family residence with a 246 square foot detached garage, and removal of one 9-inch Coast Live oak.

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.

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PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this 19th 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
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[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. 1166 PRESIDIO BLVD

HARE CONSTRUCTION
06/01/2022
AP/TPD 22-0108
R-1 R-1 R-1
4800 SF 4800 SF
1920 SF 1120 SF 1444 SF 30.1%
2880 SF 1520 SF 1996 SF 41.6%
2476 SF 1120 SF 2232 SF
0 0
500 SF 758 SF

DEMO HOUSE
320 LF NEW HOUSE
25’ 18’ 24.5’
1 3
15’ 45’ 20’ FOR GARAGE
EAST 4’ 4’ 4’
WEST 4’ 10’ 4’
20’ 20’ 20’
20’ NA 20’
1 0 1
1 1 1
NA 11’ X 20’
0 1
NA 16’
NA 0
3’ 2’
1’ E SIDE 3’
NA 0 0
NA 0 0
NA O 0

NA NA NA
NA 10-6” HOUSE & GARAGE
NA 11’
6’ 6’
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Permit No. AP/TPD 22-0108

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 ARCHITECTURAL PERMIT (AP) AND TREE PERMIT WITH DEVELOPMENT (TPD) 22- 0108 FOR A PROPERTY LOCATED AT 1166 PRESIDIO BOULEVARD TO ALLOW THE DEMOLITION OF AN EXISTING 1,120 SQUARE FOOT ONE-STORY SINGLE-FAMILY RESIDENCE AND CONSTRUCTION OF A 1,986 SQUARE FOOT THREE-STORY SINGLEFAMILY RESIDENCE WITH A 246 SQUARE FOOT DETACHED GARAGE. REMOVAL OF ONE 9-INCH COAST LIVE OAK.

FACTS

1. The subject site is located at 1166 Presidio Boulevard, Pacific Grove, APN 007-591-013.

2. The subject site has a designation of Medium Density Residential (9.7 du/ac) on the City’s adopted Land Use Plan Map.

3. The project site is located in the R-1 Single Family Residential zoning district.

4. The property is not located within the City’s Area of Special Biological Significance (ASBS).

5. The subject site is not located within the Coastal Zone nor within an archaeologically sensitive area.

6. The subject site is not listed on the City’s Historic Resources Inventory (HRI). Also, on May 25, 2022, the City of Pacific Grove Historic Resources Committee (HRC) reviewed an Initial Historic Screening (IHS 22-0081) and determined the property ineligible for the City’s HRI. This determination will remain in effect for 10 years from the date of approval.

7. The subject site is approximately 4,800 square feet in size.

8. The subject site is currently developed with an 1,120 square foot one-story single-family dwelling and detached shed.

9. The proposed development would include demolition of the existing residence and shed, and construction of a 1,986 square foot three-story single-family residence with a 246 square foot detached garage, and removal of one 9-inch Coast Live oak. As designed, the project would conform to all required development standards for the zoning district.

10. Per PGMC § 12.30.010, a Tree Resource Assessment (Ono, Certified Arborist; June 21, 2022) prepared for the project concluded that removal of one protected tree would occur (a 9-inch Coast Live oak). Also, two non-protected trees (5-inch non-native Pittosporums) would be removed for the proposed development. The arborist recommended no replanting because the site is heavily vegetated and has a high number of existing oaks.

11. This project has been determined to be Categorically Exempt per California Environmental Quality Act (CEQA) Guidelines, Section 15302, Class 2, Replacement or Reconstruction, and the exceptions to the exemptions in Section 15300.2 of the CEQA Guidelines do not apply.

FINDINGS
For an Architectural Permit per PGMC Section 23.70.060(f)

1. The architecture and general appearance of the completed project are compatible with the neighborhood.

The proposed project involves the construction of a 1,986 square foot three-story single-family residence with a 246 square foot detached garage, and removal of one 9-inch Coast Live oak. The project will also include approximately 290 square feet of deck area facing the rear property line. As designed, the project will be compatible with the neighborhood of medium- to large-sized one- to three-story residences. The surrounding streetscapes are comprised of residences with varying architectural styles, alignments, and scales. The proposed residence will use exterior colors and materials that will blend with the surrounding natural streetscape (i.e., gray vertical siding, green trim and accents, bronze aluminum windows and doors, and black DocuSign Envelope ID: FD268069-70F3-4E0B-AFE8-D55C4CBF5843 PG CC 10/19/22
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Permit No. AP/TPD 22-0108
asphalt shingle roof). Due to the topography of the site and proposed design, the façade also avoids large blank areas facing the street.

2. The completed project will neither be detrimental to the orderly and harmonious development of the city nor impair the desirability of investment or occupation in the neighborhood.

The proposed residence and garage will increase the value of the property and contribute to the desirability of investment in the Del Monte Park neighborhood.

3. The board has been guided by and referenced applicable provisions of the architectural review guidelines in making its determinations on single-family residences.

The architectural style, materials and site design are in substantial conformance with the City’s Architectural Review Guidelines. Specifically, Guidelines Nos. 1, 2, 7, 9, and 24 relating to the mass and height of new structures, roof lines, 2nd floor balcony location and design, preservation of neighbor’s views, and structural scale compared to the neighborhood were used in analyzing the proposed project to ensure compliance.

PERMIT
Architectural Permit (AP) and Tree Permit with Development (TPD) 22-0108 to allow the demolition of an existing 1,120 square foot one-story single-family residence and construction of a 1,986 square foot three-story single-family residence with a 246 square foot detached garage. Removal of one 9-inch Coast Live oak.

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. Construction Compliance. All construction must 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 Architectural Review Board approval.

3. 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.

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

5. Conformance to Plans. Development of the site shall conform to the approved plans for the “Meyers Residence” dated June 1, 2022, on file with the Community Development Department and to the Building Code, with the exception of any subsequently approved changes.

6. Lighting. All exterior lighting must conform to Architectural Review Guidelines Nos. 10 – 12.

7. 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.

8. Archaeology and Inadvertent Discovery. When human remains or 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 DocuSign Envelope ID: FD268069-70F3-4E0B-AFE8-D55C4CBF5843 PG CC 10/19/22
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Permit No. AP/TPD 22-0108
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.

10. Tree Protection Standards During Construction: Pursuant to Municipal Code Chapters 12.20 and

12.30, and the Urban Forestry Standards, all trees that are otherwise protected and will be impacted as a result of development, both proposed for pruning or removal and where the development will impact the critical root zone of the tree are protected. Prior to issuance of the building permit, the Project Arborist shall review grading, drainage, utility, building and landscape plans to determine required minimum tree protection standards during construction.

NOW, THEREFORE, BE IT RESOLVED BY THE ARCHITECTURAL REVIEW BOARD OF THE CITY OF PACIFIC GROVE:

1. The Board determines 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 Board authorizes approval of AP/TPD 22-0108 to allow demolition of an existing 1,120 square foot onestory single-family residence and construction of a 1,986 square foot three-story single-family residence with a 246 square foot detached garage, and removal of one 9-inch Coast Live oak.

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 Architectural Review Board of the City of Pacific Grove on the 9th day of August, 2022, by the following vote:

AYES: Boyle, Gaino, Wells, Eldridge, and Gunby
NOES: None
ABSENT: None
ABSTENTIONS: None
APPROVED:

Michael Gunby, 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.

Matthew Meyers (Owner) Date
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Permit No. AP/TPD 22-0108

FACTS

1. The subject site is located at 1166 Presidio Boulevard, Pacific Grove, APN 007-591-013.

2. The subject site has a designation of Medium Density Residential (9.7 du/ac) on the City’s adopted Land Use Plan Map.

3. The project site is located in the R-1 Single Family Residential zoning district.

4. The subject property is not located within the City’s Area of Special Biological Significance (ASBS), the Coastal Zone, nor within an archaeologically sensitive area.

5. The subject site is not listed on the City’s Historic Resources Inventory (HRI). Also, on May 25, 2022, the City of Pacific Grove Historic Resources Committee (HRC) reviewed an Initial Historic Screening (IHS 22-0081) and determined the property ineligible for the City’s HRI. This determination will remain in effect for 10 years from the date of approval.

6. The subject site is approximately 4,800 square feet in size.

7. The subject site is currently developed with an 1,120 square foot one-story single-family dwelling and detached shed.

8. The proposed development would include demolition of the existing residence and shed, and construction of a 1,986 square foot three-story single-family residence with a 246 square foot detached garage, and removal of one 9-inch Coast Live oak. As designed, the project would conform to all required development standards for the zoning district.

9. Per PGMC § 12.30.010, a Tree Resource Assessment (Ono, Certified Arborist; June 21, 2022) prepared for the project concluded that removal of one protected tree would occur (a 9-inch Coast Live oak). Also, two non-protected trees (5-inch non-native Pittosporums) would be removed for the proposed development. The arborist recommended no replanting because the site is heavily vegetated and has a high number of existing oaks.

10. This project has been determined to be Categorically Exempt per California Environmental Quality Act (CEQA) Guidelines, Section 15302, Class 2, Replacement or Reconstruction, and the exceptions to the exemptions in Section 15300.2 of the CEQA Guidelines do not apply.

11. The City’s Architectural Review Board (ARB) reviewed the proposed project at a noticed public hearing on August 9, 2022. The ARB voted unanimously (5 – 0) to approve AP-TPD 22-0108.

12. On August 12, the appellant submitted a timely appeal of the ARB’s decision to approve AP-TPD 22-0108.

FINDINGS
For an Architectural Permit per PGMC Section 23.70.060(f)

1. The architecture and general appearance of the completed project are compatible with the neighborhood.

The proposed project involves the construction of a 1,986 square foot three-story single-family residence with DocuSign Envelope ID: DBBD0703-F04A-4285-851A-F66053CB54DA PG CC 10/19/22
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Permit No. AP/TPD 22-0108
a 246 square foot detached garage, and removal of one 9-inch Coast Live oak. The project will also include approximately 290 square feet of deck area facing the rear property line. As designed, the project will be compatible with the neighborhood of medium- to large-sized one- to three-story residences. The surrounding streetscapes are comprised of residences with varying architectural styles, alignments, and scales. The proposed residence will use exterior colors and materials that will blend with the surrounding natural streetscape (i.e., gray vertical siding, green trim and accents, bronze aluminum windows and doors, and black asphalt shingle roof). Due to the topography of the site and proposed design, the façade also avoids large blank areas facing the street.

2. The completed project will neither be detrimental to the orderly and harmonious development of the city nor impair the desirability of investment or occupation in the neighborhood.

The proposed residence and garage will increase the value of the property and contribute to the desirability of investment in the Del Monte Park neighborhood.

3. The board has been guided by and referenced applicable provisions of the architectural review guidelines in making its determinations on single-family residences.

The architectural style, materials and site design are in substantial conformance with the City’s Architectural Review Guidelines. Specifically, Guidelines Nos. 1, 2, 7, 9, and 24 relating to the mass and height of new structures, roof lines, 2nd floor balcony location and design, preservation of neighbor’s views, and structural scale compared to the neighborhood were used in analyzing the proposed project to ensure compliance.

CONDITIONS OF APPROVAL

6. Lighting. All exterior lighting must conform to Architectural Review Guidelines Nos. 10 – 12.

7. Building Plans. All conditions of approval for the Planning permit(s) shall be printed on a full-size plan DocuSign Envelope ID: DBBD0703-F04A-4285-851A-F66053CB54DA PG CC 10/19/22
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Permit No. AP/TPD 22-0108
sheet and included with the construction plan set submitted to the Building Division.

8. Archaeology and Inadvertent Discovery. When human remains or 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.

10. Tree Protection Standards During Construction: Pursuant to Municipal Code Chapters 12.20 and

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

1. The Planning Commission 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 Permit.

2. The Planning Commission denies the appeal and upholds the decision of the Architectural Review Board to approve AP-TPD 22-0108.

3. The Planning Commission finds the project Categorically Exempt per CEQA Guidelines, Section 15302, Class 2, Replacement or Reconstruction, and also finds that the exceptions to the exemptions in Section 15300.2 of the CEQA Guidelines do not apply.

4. The Planning Commission approves this permit (AP-TPD 22-0108) to allow demolition of an existing 1,120 square foot one-story single-family residence and construction of a 1,986 square foot three-story single-family residence with a 246 square foot detached garage, and removal of one 9-inch Coast Live oak. The Planning Commission’s motion to approve the project includes removal of the proposed upper deck and submittal of a revised application form consistent with the project as approved.

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

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

7. 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 8th day of September, 2022, by the following vote:

AYES: Fredrickson, Murphy, Aeschliman, Beck, Nodzenski, Sawyer, and Lilley NOES: None
ABSENT: None
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Permit No. AP/TPD 22-0108
ABSTENTIONS: None
APPROVED:

Steven Lilley, 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.

Mathew Meyers (Owner) Date
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Amended Report
Tree Resource Assessment
1166 Presidio Boulevard
Prepared for:

Mr. Matthew Meyers
Prepared by:

Frank Ono
Urban Forester
Member Society of American Foresters #48004
ISA Certified Arborist #536
1213 Miles Avenue
Pacific Grove, CA 93950
September 23, 2022
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2 Owner:

Mr. Matthew Meyers
314 Fitch Ave.

Monterey CA 93940
Architect/Designer:

Hare Construction
221 15th Street, Pacific Grove, CA 93950
Monterey: 831 655 9507
Forester and Arborist
Frank Ono, Member SAF #48004, ISA Certified Arborist #536 F.O. Consulting
1213 Miles Ave
Pacific Grove, CA 93950

SUMMARY
Development is proposed for this site requiring excavation near oak trees on site. The project proposes to demolish an existing structure to build a single-family dwelling and detached garage. Excavation and hardscape removal will be performed near several trees, and the location of the new home will require the removal of an oak tree and several shrubs. A tree assessment/arborist report has been prepared that identifies and addresses the effects that the project will have on the existing tree resources on-site as well as a list of recommendations regarding trees on the project.

INTRODUCTION
This amended tree assessment/arborist report is prepared for Mr. Matthew Meyers, the owner of the property located at 1166 Presidio Boulevard by Frank Ono, Urban Forester and Certified Arborist (member Society of American Foresters #48004 and International Society of Arboriculture Certified Arborist #536). The City of Pacific Grove Land Use Plan and City Zoning Ordinances identify native Coast live oak as a tree species requiring protection and special consideration for management.

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3 ASSIGNMENT/SCOPE OF PROJECT
To ensure the protection of the tree resources on-site, the property owner, Mr. Matthew Meyers, has requested an assessment of the trees in proximity to proposed development areas. The findings of the report are to be documented in an arborist report to work in conjunction with other conditions for approval of the building permit application. To accomplish this assignment, the following tasks have been completed; • Evaluate health, structure, and preservation suitability for each protected tree within or adjacent (15 feet or less) to the proposed development of oak trees greater than or equal to six diameter inches at 56 inches above grade or non-native trees greater than 12” diameter inches 56 inches above grade.
• Review proposed building site plans as provided by Hare Construction. • Make recommendations for alternative methods and preconstruction treatments to facilitate tree retention.
• Create preservation specifications, as it relates to a Tree Location/Preservation Map.
• Determine the number of trees affected by construction as defined by the City of Pacific Grove Zoning Ordinance; as well as mitigation requirements for those to be affected.
• Document findings in the form of a report as required by the City of Pacific Grove Planning Department.

LIMITATIONS
This assignment is limited to the review of plans submitted to me on May 31, 2022, by Hare Construction to assess the effects of potential construction on trees within or adjacent to construction activities. The assessment has been made of these plans specifically and no other plans were reviewed. Only minor grading and erosion details are discussed in this report as it relates to tree health. It is not the intent of this report to be a monetary valuation of the trees or provide a risk assessment for any tree on this parcel, as any tree can fail at any time. No clinical diagnosis was performed on any pest or pathogen that may or may not be present. In addition to an inspection of the property, F.O. Consulting relied on information provided in the preparation of this report (such as surveys, property boundaries, and property ownership) and must reasonably rely on the accuracy of the information provided. F.O. Consulting shall not be responsible for another's means, methods, techniques, schedules, sequence, or' procedures, or for contractor safety or any other related programs; or for another's failure to complete the work following the plans and specifications.

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4 PURPOSE AND GOAL
This tree resource assessment/arborist report is prepared for this parcel due to proposed construction activities located at 1166 Presidio Boulevard, Pacific Grove CA. This assessment is to determine what trees will be affected by the proposed project. Oak trees are considered protected trees as defined by the Greater Monterey Peninsula Land Use Plan and City of Pacific Grove Zoning Ordinances.

The goal of this report is to protect and maintain the Pacific Grove Urban forested resources through the adherence to development standards, which allow the protection, and maintenance of its forest resources. Furthermore, it is the intended goal of this report to aid in planning to offset any potential effects of the proposed development on the property while encouraging forest stability and sustainability, perpetuating the urban forested character of the property and the immediate vicinity.

SITE DESCRIPTION
1) Assessor’s Parcel Number: 007-591-013-000.
2) Location: 1166 Presidio Boulevard, Pacific Grove.
3) Parcel size: 0.111037 Acres.
4) Existing Land Use: The parcel is developed and zoned for residential use. 5) Slope: The parcel is terraced with benches; the slope is less than 25%. 6) Soils: The parcel is located on soils classified by the Monterey County Soils report as Sheridan coarse sandy loam, 5 to 15 percent slopes. The Sheridan series consists of well-drained soils on hills and mountains. Runoff is medium, and the erosion hazard is slight. These soils are formed in material underlain by granitic and schistose rock. Slopes are 5 to 75 percent. Most areas of this soil are used for range or building sites.
7) Vegetation: The vegetation associated with this soil type is generally open grass or grass and oak type or it consists of madrone, scattered Coulter and ponderosa pine, and brush. This site is composed of Coast live oak and planted ornamental as an understory.
8) Forest Condition and Health: The stand of trees and health are evaluated with the use of the residual trees combined with surrounding adjacent trees as a complete stand.

The site is developed, and the surrounding pine forest canopy is fragmented. The overstory is a closed cone forest that is urbanized and transitioning to a lower oak canopy. The site is overcrowded with oaks and appears to be in a state of longtime deferred maintenance.

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5 BACKGROUND
The assessment focuses on the incorporation of the preliminary location of site improvements coupled with consideration for the general goals of site improvement desired by the landowner. Proposed improvements assessed included preserving trees to the greatest extent feasible, maintaining the view shed, and general aesthetic quality of the area while complying with City of Pacific Grove Municipal Codes. The study of individual trees determined treatments necessary to complete the project and meet the goals of the landowner. Trees within and immediately adjacent proposed development area were located, measured, inspected, flagged, and recorded. The assessment of each tree concluded with an opinion of whether the tree should be removed, or preserved, based on the extent and effect of construction activity on the short and long-term health of the tree. All meetings and field reviews were focused on the area immediately surrounding the proposed development.

TREE LIST
The following trees were observed and tagged on site:
• 042 – 12”, 13” diameter codominant positioned, double stemmed oak at the center of the front portion of the lot.
• 043 - 9” diameter oak- codominant position
• 044 - 7” diameter suppressed oak behind the aloe along the west property line. • 045 - 16” diameter dominant oak
• 046 - 9” diameter suppressed oak with lean, it is not an upper canopy tree and is identified for removal
• 047 – 12”, 11”, 10” diameter triple stem oak located against the existing structure. • 048 and 049 – both 5” diameter Pittosporums located along the East fence line are to be removed
• 050 – 7”and 6” diameter double stem oak, it is a suppressed tree • 051- 13” diameter oak – codominant positioned
• 052 -14”, 13” diameter double stemmed, codominant Oak • 053–16“ diameter codominant oak with lean to the south high, with Hypoxylon on its bark

OBSERVATIONS/DISCUSSION
The following list includes observations made while on-site and summarizes details discussed during this stage of the planning process.
• The site is developed with an existing structure and parking area. My understanding is that most of the existing trees are to remain. • The previous grading for retaining walls has been performed around many of the existing oaks that affect each tree differently. A suppressed coast live oak (#046) in poor condition with exhibiting signs of fungal activity on its stem with epicormic shoot growth is proposed for removal.
• Two 5” diameter non-native pittosporums (049 and 048) are to be removed. • The project proposes to demolish the existing structure where tree #047 is growing against it. After close inspection, it appears that careful construction critical root zone encroachment will be minimal and due to the soil type, not many roots will be encountered. The tree is expected to satisfactorily survive construction.

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6 CONCLUSION/PROJECT ASSESSMENT
This proposal to build an addition to a single-family residence and detached garage is planned to maintain the existing urban forested environment, allowing the urban forest to continue to exist and regenerate over time. Two non-native trees that measure less than 12” in diameter (048 and #049) and one small and suppressed oak tree (#046) in poor condition are proposed for removal due to construction grading for the garage; the oak will not survive construction. All remaining trees of protected diameter size are expected to survive construction when properly protected and monitored.

Short Term and Long Term Effects
Site disturbance will occur during building construction. Short-term effects are confined to the construction envelope and immediate surroundings, where trees may be trimmed and root systems reduced. The pruning of tree crowns above 30% and reduction of root area may have a short-term effect on those trees treated, including a reduction of growth and potential limb dieback.

No significant long-term effects on the urbanized forest ecosystem are anticipated as this is already a developed residential site. The project as proposed is not likely to significantly reduce the availability of urbanized wildlife habitats over the long term. Whenever construction activities take place near trees, there is the potential for those trees to experience a decline in the long term as well. The greatest attempt has been made to identify for removal trees likely to experience decline from development.

RECOMMENDATIONS
Tree Pruning
It is to be understood that the pruning of retained trees may be expected for this site, especially near building construction areas. Pruning will be following American National Standards Institute (ANSI) A300 (Part 1) Tree Management Standards in accordance with the International Society of Arboriculture Best Management Practices and will include trees with deadwood, minor structural defects, or diseases that must be compensated, and possibly vehicle or pedestrian clearance. Trees should be monitored on occasion for health and vigor after pruning. Should the health and vigor of any tree decline it will be treated as appropriately recommended by a certified arborist or qualified forester.

Remedial pruning should occur before construction. Following construction, any aboveground tree pruning/trimming should be delayed until one year after completion of construction. Following construction, a qualified arborist should monitor trees adjacent to the area of the improvement and if any decline in health that is attributable to the construction is noted, additional trees should be planted on the site.

Tree Removal and Replacement
Removal of a suppressed coast live oak (#046) is recommended because it is in poor condition. The site is heavily vegetated and this tree grows beneath other taller oaks. It exhibits signs of fungal activity on its stem and will be impacted by grading for the garage.

Because the site is so heavily vegetated and has a high number of oaks, no replanting is recommended to avoid a crowded over-vegetated lot with no sunlight.

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7 Tree Protection
Before the commencement of construction activities:
• Trees located adjacent to construction areas shall be protected from damage by construction equipment by the use of temporary fencing and through the wrapping of trunks with protective materials.
• Fencing shall consist of chain link, snowdrift, plastic mesh, hay bales, or field fence. Existing fencing may also be used.
• Fencing must not be to be attached to the tree. It shall be free-standing or selfsupporting so as not to damage trees. Fencing shall be rigidly supported and shall stand a minimum height of four feet above grade.
• Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials should not be allowed adjacent to trees on the property, especially within fenced areas. • Fenced areas and trunk protection materials must remain in place during the entire construction period.

During grading and excavation activities:
• All trenching, grading or any other digging or soil removal that is expected to encounter tree roots will be monitored by a qualified arborist or forester to ensure against drilling or cutting into or through major roots. • The project arborist should be on-site during excavation activities to direct any minor field adjustments that may be needed.
• Trenching for the retaining wall and driveway located adjacent to any tree should be done by hand where practical and any roots greater than 3-inches diameter should be bridged or pruned appropriately.
• Any roots that must be cut should be cut by manually digging a trench and cutting exposed roots with a saw, vibrating knife, rock-saw, narrow trencher with sharp blades, or other approved root pruning equipment.
• Any roots damaged during grading or excavation should be exposed to sound tissue and cut cleanly with a saw.

If at any time potentially significant roots are discovered:
• The arborist/forester will be authorized to halt excavation until appropriate mitigation measures are formulated and implemented.
• When significant roots are identified that must be removed that will destabilize or negatively affects the target trees, the property owner will be notified immediately and a determination for removal will be assessed and made as required by law for treatment of the area that will not risk death decline or instability of the tree consistent with the implementation of appropriate construction design approaches to minimize effects, such as hand digging, bridging or tunneling under roots, etc.

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8 Best Management Practices to Observe (BMP)
The following best management practices must be adhered to:

A) Tree service contractors will verify animal or bird nesting before tree work. If nesting activity of migratory birds is found, work must stop and a wildlife biologist consulted before commencing work (the typical bird nesting season ranges from February 22 to August 1).

B) Do not deposit any fill around trees, which may compact soils and alter water and air relationships. Avoid depositing fill, parking equipment, or staging construction materials near existing trees. Covering and compacting soil around trees can alter water and air relationships with the roots. Fill placed within the drip line may encourage the development of oak root fungus (Armillaria mellea). As necessary, trees may be protected by boards, fencing, or other materials to delineate protection zones.

C) Pruning shall be conducted so as not to unnecessarily injure the tree. GeneralPrincipals of pruning include placing cuts immediately beyond the branch collar, making clean cuts by scoring the underside of the branch first, and for live oak, avoiding the period from February through May.

D) Native live trees are not adapted to summer watering and may develop crown or root rot as a result. Do not regularly irrigate within the drip line of oaks. Native, locally adapted, drought-resistant species are the most compatible with this goal.

E) Root cutting should occur outside of the springtime. Late June and July would likely be the best. Pruning of the live crown should not occur from February through May.

F) Tree material greater than 2 inches in diameter remaining on-site for more than one month that is not cut and split into firewood must be covered with thick clear plastic that is dug in securely around the pile to discourage infestation and dispersion of bark beetles.

G) A mulch layer up to approximately 4 inches deep should be applied to the ground under selected trees following construction. Only 1 to 2 inches of mulch should be applied within 1 to 2 feet of the trunk, and under no circumstances should any soil or mulch be placed against the root crown (base) of trees. The best source of mulch would be from chipped material generated on-site.

H) If trees along near the development are visibly declining in vigor, a Professional Forester or Certified Arborist should be contacted to inspect the site to recommend a course of action.

Report Prepared By:
_________________________________ September 23, 2022
Frank Ono, SAF Forester #48004 and ISA Certified Arborist #536 Date PG CC 10/19/22
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9 PHOTOGRAPHS
View of the entrance to the site
Non-native vegetation (Aloe) in front of tree #044 (oak) behind the Aloe plant PG CC 10/19/22
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10 Aloe hiding tree #044
#046 is the oak to the left and the two 5” diameter Pittosporums are in the center against the fence, tree #047 is on the right growing near the structure.

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11 #046 is to be removed
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12 Trees #051-053 are on the left, and #050 (a small suppressed tree) is just to the right inside the gate
Tree #050 – double stemmed oak outside demo area
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13 Canopy density looking from front of the property down onto the site View of dense crown looking to the south
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1168
1166

OUTLINE OF

UPPER FLOOR

OUTLINE OF
EXIST. HOUSE
GARAGE
P
R
E

S I D I O
B
L
V
D
1166

OCEAN VIEW
A07
OCEAN

VIEW SHED
1168

OCEAN VIEW

OCEAN VIEW
N
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2 A04
SB
4' - 0" SB
4' - 0"

GARAGE SB
20' - 0"
SB
20' - 0"

EDGE OF PAVEMENT

ASPHALT
DECK224 SF
HOUSE1618 SF110.00' FIN. FLR. ELEV.

PORCH97 SF
WALKWAY (271 SF)
GARAGE246 SF
1166 PRESIDIO BLVD 877 SF : MAIN FLR 741 SF : UPPER FLR PORCH + WALKWAY
40' PROP. LINE
106.50'
103.50 101.00'
101.00'
120' PROP. LINE
120' PROP. LINE
40' PROP. LINE
NEW 6' HIGH WOOD FENCE W/GATE
E
DG
E
OF
PAVEM
E
NT
SF OF ASPHALT W/IN PROPERTY LINE : 400 SF
SF OF ASPHALT OUTSIDE OF PROPERTY LINE TO EDGE OF PAVEMENT: 328 SF

OUTLINE OF EXISTING HOUSE TO BE DEMO

REMOVE (E) TREESSEE SITE SURVEY FOR DIA OF TREES TO BE REMOVED 107.75'
106.25'
100.50'
105' 110' 115'
100
'
100
'
105
'
1 10
'

BUILDING SB
15' - 0"
13' - 6"
10' - 10"

UPPER FLOOR SHADED AREA

SOUTHWEST VIEW

NORTHEAST VIEW

NORTHEAST VIEW
ISSUED:REVISED: DATE:

PLANNING

SUBMITTAL

NOT FOR

CONSTRUCTION

ALL DRAWINGS AND WRITTEN

MATERIALS CONTAINED HEREIN

CONSTITUTE THE ORIGINAL AND

UNPUBLISHED WORK OF DESIGNER AND

THE SAME MAY NOT BE DUPLICATED, USED OR DIS-CLOSED WITHOUT THE

WRITTEN CONSENT OF THE DESIGNER
(© KREBS DESIGN GROUP)
SHT. OF TOTAL SHTS

NEW HOUSE

MEYERS RESIDENCE
1166 PRESIDIO BLVD, PACIFIC GROVE, CA
A01

COVER SHEET

DEFERRED SUBMITTALSPROJECT CODESPROJECT TEAM
SITE DEVELOPMENT PLAN 3D IMAGES

PROJECT DATA SHEET INDEX

SCOPE OF WORK

VICINITY MAP PROPERTY INFO

NEW RESIDENCE
1166 PRESIDIO BLVD

1. REMOVE EXISTING HOUSE FROM LOT2. NEW 1618 SF HOUSE WITH 244 SF DETACHED GARAGE A01 COVER SHEETA02 NEW EXTERIOR ELEVATION/NEW EXTERIOR MATERIALSA03 NEW FLOOR PLANS/NEW ROOF PLANA04 NEW SITE SECTION/GARAGE PLANA05 SURVEYA06 EXISTING EXTERIOR ELEVATIONS

PACIFIC GROVE, CA
1/8" = 1'-0"
1 SITE DEVELOPMENT PLAN
DESIGNERKREBS DESIGN GROUP, LLCRESIDENTIAL DESIGN STUDIOSTEVEN KREBS :: [email protected] BOX 223325, CARMEL, CA 93922(831) 626-8082CONTRACTORHARE CONSTRUCTIONCRAIG RIDDELL221 15TH STREET, PACIFIC GROVE, CA 93950OFFICE - (831) 655-9507MECHANICALMONTEREY ENERGY GROUP26465 CARMEL RANCHO BLVD #8, CARMEL, CA 93923OFFICE - (831) 372.8328EMAIL: [email protected] PROJECT SHALL COMPLY WITH THE FOLLOWING BUILDING CODES AND ASSOCIATED COUNTY OF MONTEREY AMENDMENTS: -2019 CALIFORNIA RESIDENTIAL CODE -2019 CALIFORNIA BUILDING CODE -2019 CALIFORNIA GREEN BUILDING STANDARDS CODE -2019 CALIFORNIA ELECTRICAL CODE -2019 CALIFORNIA MECHANICAL CODE -2019 CALIFORNIA PLUMBING CODE -2019 CALIFORNIA FIRE CODE -2019 CALIFORNIA BUILDING ENERGY EFFICIENCY STANDARDS

SEE EXISTING SURVEY FOR MORE INFO
1444 SF
2111 SF
PROPOSED BLDG COVERAGERESIDENCE MAIN LEVEL 877 SFGARAGE 248 SFCOVERED PORCH 97 SFDECK 224 SFTOTAL BLDG COVERAGE 1444 SF PROPOSED SITE COVERAGEBUILDING COVERAGE 1444 SFREAR STAIRS 66 SFWALKWAY 246 SFDRIVEWAY 240 SFTOTAL SITE COVERAGE 1996 SF 1996 SF
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MAIN LEVEL
108' - 0"

UPPER LEVEL
117' - 0"

MAIN LEVEL PLATE
116' - 0"

UPPER LEVEL PLATE
124' - 6"

LOWER LEVEL PLATE
107' - 0"
25' MAX ABOVE (E) GRADE

EXISTING GRADE
TOP RIDGE ELEVATION - 127.00'
22' - 10 1/2"

MAIN LEVEL
108' - 0"

UPPER LEVEL
MAIN LEVEL PLATE 117' - 0"
116' - 0"

UPPER LEVEL PLATE
124' - 6"
TOP RIDGE ELEVATION - 127.00'
7' - 6"

GARAGE WALL PLATE

MAIN LEVEL
108' - 0"

UPPER LEVEL
117' - 0"

MAIN LEVEL PLATE
116' - 0"

UPPER LEVEL PLATE
124' - 6"

LOWER LEVEL
99' - 0"

LOWER LEVEL PLATE
107' - 0"

BLACK ASPHALT SHINGLE

WOOD SIDING

WOOD SIDING
STUCCO
101-.00'
100.50'
TOP RIDGE ELEVATION - 127.00'

MAIN LEVEL
108' - 0"

UPPER LEVEL
117' - 0"

MAIN LEVEL PLATE
116' - 0"

UPPER LEVEL PLATE
124' - 6"

LOWER LEVEL
99' - 0"

LOWER LEVEL PLATE
107' - 0"
25' MAX HEIGHT ABOVE (E) GRADE

EXISTING GRADE
CMU RET. WALL
TOP RIDGE ELEVATION - 127.00'
24' - 6"

MAIN LEVEL
108' - 0"

UPPER LEVEL
MAIN LEVEL PLATE 117' - 0"
116' - 0"

UPPER LEVEL PLATE
124' - 6"

LOWER LEVEL PLATE
107' - 0"
TOP RIDGE ELEVATION - 127.00'
ISSUED:REVISED: DATE:

PLANNING

SUBMITTAL

NOT FOR

CONSTRUCTION

ALL DRAWINGS AND WRITTEN

MATERIALS CONTAINED HEREIN

CONSTITUTE THE ORIGINAL AND

UNPUBLISHED WORK OF DESIGNER AND

THE SAME MAY NOT BE DUPLICATED, USED OR DIS-CLOSED WITHOUT THE

WRITTEN CONSENT OF THE DESIGNER
(© KREBS DESIGN GROUP)
SHT. OF TOTAL SHTS

NEW HOUSE

MEYERS RESIDENCE
1166 PRESIDIO BLVD, PACIFIC GROVE, CA
A02

NEW EXTERIOR

ELEVATIONS /

NEW EXTERIOR

MATERIALS
3/16" = 1'-0"
EAST ELEVATION 1
3/16" = 1'-0"
NORTH ELEVATION - FROM STREET 2
3/16" = 1'-0"
3 SOUTH ELEVATION
3/16" = 1'-0"
WEST ELEVATION 4
3/16" = 1'-0"
NORTH ELEVATION - HOUSE FACADE 5
EXTERIOR MATERIALSTYP ROOF EAVE / EXT CORNER METAL RAILING EXT. LIGHTS ASPHALT SHINGLE ROOF

ROOF GUTTER

EXT WINDOWS/ DOORS EXTERIOR COLORS SKYLIGHTS

1. ROOF: BLACK ASPHALT SHINGLES2. WOOD SIDING: DOWNING STONE SW28213. WOOD TRIM: SAGE GREEN LIGHT SW 28514. EXT. DOORS: CLASSIC LIGHT BUFF SW00505. STUCCO: ROYCROFT BRONZE GREEN SW 2846 PG CC 10/19/22
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DN
21' - 9" 12' - 2"
10' - 0" 5' - 4 1/2" 6' - 4 1/2"
4' - 0" 15' - 11" 8' - 0"
10' - 3" 5' - 8"
1' - 10" 18' - 1" 14' - 0"
5' - 4 1/2" 12' - 8 1/2" 10' - 0" 4' - 0"
15' - 0" 8' - 10 1/2" 4' - 0 1/2"
UP DN
R

PANTRY BENCH
D W STOR.

GAS FP
13' - 0" 18' - 1" 10' - 0" 4' - 0" 2' - 8 1/2"13' - 0" 18' - 1" 10' - 0" 41' - 1" 6' - 8 1/2"
6' - 4 1/2" 6' - 10 1/2" 2' - 8"
7' - 11 1/2" 12' - 1 1/2" 3' - 10" 4' - 0"
8' - 0" 15' - 11" 4' - 0"
WOOD DECK - 224 SF

COVERED PORCH
97 SF
UP
4' - 3 1/2" 23' - 7 1/2"
13' - 0" 18' - 1"
8' - 0" 15' - 11"
13' - 0" 6' - 8"

UNHEATED STORAGE
368 SF
DN
CMU RET. WALL
2" / 12"
2" / 12"
2" / 12"
2" / 12"
2" / 12"
2" / 12"
ISSUED:REVISED: DATE:

PLANNING

SUBMITTAL

NOT FOR

CONSTRUCTION

ALL DRAWINGS AND WRITTEN

MATERIALS CONTAINED HEREIN

CONSTITUTE THE ORIGINAL AND

UNPUBLISHED WORK OF DESIGNER AND

THE SAME MAY NOT BE DUPLICATED, USED OR DIS-CLOSED WITHOUT THE

WRITTEN CONSENT OF THE DESIGNER
(© KREBS DESIGN GROUP)
SHT. OF TOTAL SHTS

NEW HOUSE

MEYERS RESIDENCE
1166 PRESIDIO BLVD, PACIFIC GROVE, CA
A03

FLOOR PLANS /

ROOF PLAN
1/4" = 1'-0"
UPPER LEVEL 2
1/4" = 1'-0"
MAIN LEVEL 1
1/4" = 1'-0"
3 LOWER LEVEL
1/4" = 1'-0"
ROOF PLAN 4
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MAIN LEVEL
108' - 0"

PROPERTY LINE

UPPER LEVEL
117' - 0"

MAIN LEVEL PLATE
116' - 0"

UPPER LEVEL PLATE
124' - 6"

LOWER LEVEL
99' - 0"

LOWER LEVEL PLATE
107' - 0"
8' - 0" 8' - 0" 7' - 6"
25' MAX ABOVE (E) GRADE
GARAGE
12' - 0"
20' - 3 1/2"
ISSUED:REVISED: DATE:

PLANNING

SUBMITTAL

NOT FOR

CONSTRUCTION

ALL DRAWINGS AND WRITTEN

MATERIALS CONTAINED HEREIN

CONSTITUTE THE ORIGINAL AND

UNPUBLISHED WORK OF DESIGNER AND

THE SAME MAY NOT BE DUPLICATED, USED OR DIS-CLOSED WITHOUT THE

WRITTEN CONSENT OF THE DESIGNER
(© KREBS DESIGN GROUP)
SHT. OF TOTAL SHTS

NEW HOUSE

MEYERS RESIDENCE
1166 PRESIDIO BLVD, PACIFIC GROVE, CA
A04

NEW SITE

SECTION
1/8" = 1'-0"
2 Section 1
1/4" = 1'-0"

GARAGE PLAN
1 PG CC 10/19/22
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ISSUED:

REVISED: DATE:

PLANNING

SUBMITTAL

NOT FOR

CONSTRUCTION

ALL DRAWINGS AND WRITTEN

MATERIALS CONTAINED HEREIN

CONSTITUTE THE ORIGINAL AND

UNPUBLISHED WORK OF DESIGNER AND

THE SAME MAY NOT BE DUPLICATED, USED OR DIS-CLOSED WITHOUT THE

WRITTEN CONSENT OF THE DESIGNER
(© KREBS DESIGN GROUP)
SHT. OF TOTAL SHTS

NEW HOUSE

MEYERS RESIDENCE
1166 PRESIDIO BLVD, PACIFIC GROVE, CA
A05
SURVEY
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ISSUED:

REVISED: DATE:

PLANNING

SUBMITTAL

NOT FOR

CONSTRUCTION

ALL DRAWINGS AND WRITTEN

MATERIALS CONTAINED HEREIN

CONSTITUTE THE ORIGINAL AND

UNPUBLISHED WORK OF DESIGNER AND

THE SAME MAY NOT BE DUPLICATED, USED OR DIS-CLOSED WITHOUT THE

WRITTEN CONSENT OF THE DESIGNER
(© KREBS DESIGN GROUP)
SHT. OF TOTAL SHTS

NEW HOUSE

MEYERS RESIDENCE
1166 PRESIDIO BLVD, PACIFIC GROVE, CA
A06

EXISTING

ELEVATIONS
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Agenda No. 11 E

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Jocelyn Francis, Police Administrative Services Manager MEETING DATE: October 19, 2022
SUBJECT: Safe Parking Program Revisions
CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities

RECOMMENDATION
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.

DISCUSSION
On January, 21 2015, the City of Pacific Grove approved a Safe Sleeping Pilot Program and on May 18, 2016 codified the successful pilot program into the municipal code. The code created a process for local religious institutions, businesses, and public entities with hardscaped parking lots to participate in the program.

Since that time, the City of Pacific Grove has issued a single site permit to a local church, who participates in the One Starfish Program/Orphan Productions who have successfully helped dozens of unhoused community members. Community members benefit from case management meetings, financial assistance; and outside service referrals for housing, employment, childcare, and healthcare. In addition, there have been no recorded complaints from the surrounding neighborhood and no recorded complaints involving program participants.

This year, it was brought to staff's attention the word pilot had incorrectly stayed in the codified program. Upon further review, the ordinance referenced the program as the "safe sleeping program" - however, most agencies in California refer to similar programs as "safe parking programs." And, it made reference to the chief of police for implementation, when it is more logical for permit issuance to be a community development/housing function.

Therefore, it is recommended to amend the ordinance as drafted.

OPTIONS

1. Do nothing.

FINANCIAL IMPACT:

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None.

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

Attachments
Ordinance
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ORDINANCE NO. 22-____

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE ADDING CHAPTER 18.36.050 OF THE PACIFIC GROVE MUNICIPAL CODE

REGARDING THE SAFE PARKING PROGRAM
FACTS

1. The City has a lack of adequate housing which results in a number of unhoused residents not able to park overnight in locations without concern for their safety, health or welfare.

The City is concerned with the need to safeguard private property, and at the same time provide opportunities for those in need to find safe and sanitary places to sleep on a shortterm basis while they transition to more permanent housing.

2. On January 21, 2015, City Council enacted a Safe Sleeping Pilot Program that temporarily modified Pacific Grove Municipal Code (PGMC) §18.36.050 and authorized the City to issue site permits to allow for the overnight staying in vehicles.

3. Upon completion of the Safe Sleeping Pilot Program, on May 18, 2016, City Council formally codified the Safe Sleeping Program in PGMC §18.36.050.

4. Earlier this year, grammatical revisions to PGMC §18.36.050 were recommended as drafted.

5. This ordinance amends PGMC §18.36.050.

6. 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. and the enactment of this ordinance is exempt under California Environmental Quality Act (CEQA) Guidelines Section 15301, Class 1, Existing Facilities.

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 though set forth in fully within the body of this ordinance.

SECTION 2. Existing Pacific Grove Municipal Code §18.36.050 of Chapter 18 entitled “Temporarily sleeping in a parked vehicle” shall be amended by the deletion of all text shown in strikeout text (strikeout text) and by the addition of all text shown in bold, italic text (bold italic text), as follows:

18.36.050 Safe Parking Program. Temporarily sleeping in a parked vehicle by permit only.

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A safe parking program provides unhoused community members with a safe place to temporarily park overnight. A safe parking sleeping pilot program shall exist in the city in accord with this section. The city manager, chief of police, or designee shall have the authority to issue or deny safe parking sleeping program site permits pursuant to the following conditions:
(a) Maximum Number of Permits. The maximum aggregate number of vehicles that may be permitted at any one time throughout the city pursuant to the safe parking sleeping program ordinance shall be seven.
(b) Vehicle Definition. Under this section, the term “vehicle” is defined as a passenger car, passenger truck, house car, recreational vehicle, or motor home. Buses and commercial vehicles shall not qualify as a vehicle.
(c) Site Registration. Each property owner eligible to participate in the safe parking sleeping program shall register the site with the city and obtain a safe parking sleeping program site permit, prior to allowing any person to park or sleep in a parked vehicle overnight. This site shall also be referenced in this section as the “premises.” (d) Site Locations Qualified for Permits under the Program. The location upon which a permit may be issued shall be a parking lot of a religious institution, place of worship, business, or public entity that owns or leases property on which an existing hardscaped parking lot and occupied structure are located.
(e) Site Registration Application. Each site registration application shall include the following:
(1) Written assurance the property owner shall be individually responsible to ensure all requirements of this section and the safe parking sleeping program site permit are met;
(2) The property owner has sole and exclusive control of the parking area to be used as the safe parking sleeping program site;
(3) A site plan that shows the location of trash and recycling bins, the location of restroom facilities, the parking plan and any lighting or security facilities; (4) On-site sanitary and trash facilities shall be available to each temporary vehicle occupant, in compliance with law and applicable building and health codes;
(5) The property owner is responsible for any wastewater, sewage, or waste material discharged onto or deposited upon the surface of the ground or parking area, whether as a result of leaks from plumbing fixtures, wastewater, sewage, or PG CC 10/19/22
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waste material discharge, or any other material deposited upon the surface of the ground or parking areas by an occupant of a parked vehicle on that site; (6) The property owner shall remove any wastewater, sewage, or waste material discharged onto the ground or parking areas, in a manner consistent with the requirements of law, and in consultation with the county health department; (7) The property owner shall provide garbage and refuse disposal services as required by Chapter 9.16 PGMC, Solid Waste, as may be amended from time to time;
(8) The property owner shall provide or ensure adequate site supervision. Site supervision shall include, at a minimum, providing an on-call “on-site monitor” to ensure vehicles and occupants do not arrive before 7:00 p.m. and leave by 7:30 a.m. The monitor shall also respond to neighbor, community, or city inquiries.

Any on-call monitor must be able to be physically present on site within 30 minutes of request at any time the property is occupied. Within 24 hours of receiving any request for corrective action, the on-site monitor shall use his/her best efforts to remedy the circumstance;
(9) The property owner shall be responsible for any cost related to the towing of vehicles, removal of debris, remediating environmental violations, and/or any civil or criminal remedies related to use of a temporary vehicle occupancy permit; (10) The property owner shall not accept payment of any fee, rent, or monetary charge for overnight parking sleeping in connection with the use of a temporary vehicle occupancy permit;
(11) Acknowledgment the city has not participated in selection of, and does not provide supervision for, any temporary vehicle occupant. The property owner shall nonetheless provide written assurance he/she shall not impermissibly discriminate in the selection of temporary vehicle occupants for any reason, including race, color or creed.
(f) Temporary Vehicle Occupancy Permits. Each vehicle eligible to participate in the safe parking sleeping program shall be registered and shall possess and prominently display a temporary vehicle occupancy permit in the vehicle windshield, before any person shall be allowed to park or sleep in a parked vehicle overnight. (1) Occupancy Limited. Guests shall not be allowed. Vehicles may be occupied only by approved occupants and one occupant must have a valid driver’s license.

Occupants shall not exceed the occupant capacity for vehicle to be lawfully driven on a public roadway/highway.

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(2) Vehicle Requirements. Each vehicle shall be operable and properly registered with valid vehicle insurance, in accord with state and local law. Only one vehicle shall be allowed under each temporary vehicle occupancy permit. (3) Times. Each vehicle shall remain off the premises between the hours of 7:30 a.m. and 7:00 p.m. each day. Strict adherence to these “in and out” times is mandatory.
(4) Indemnification. Each vehicle occupant member who stays in a vehicle under a temporary vehicle occupancy permit shall sign an indemnification and waiver form, as prepared by the city, to indemnify the city and waive any claim or cause of action against the city, including relocation benefits. (5) Permit Issued by Property Owner. The temporary vehicle occupancy permit shall only be issued by a property owner that has currently registered the site pursuant to this section to allow a named person or named persons to temporarily stay sleep overnight in a vehicle on that specific property, and must be issued on a form approved by the city.
(6) Expiration of Vehicle Permit. Each temporary vehicle occupancy permit shall expire 30 days from the date of its issuance. Thereafter, permits may be renewed at the sole discretion of the property owner. Any temporary vehicle occupancy permit issued under this section shall immediately terminate, and thereafter be null and void, upon expiration or revocation of the vehicle occupancy site permit. (7) Compatible Use. Overnight parking sleeping pursuant to a temporary vehicle occupancy permit shall not be allowed in any instance where the city finds this activity incompatible with uses of adjacent properties or constitutes a nuisance or other otherwise threatens the public welfare.
(8) Minor Supervision. Close supervision of minor children shall be required at all times.
(9) Drug Use. No drugs (excepting those possessed and used in accord with a proper prescription) and no alcohol may be consumed or contained in or within 50 feet of any vehicle subject to a temporary vehicle occupancy permit. (10) Firearms. No weapons or firearms of any kind may be contained in the vehicle (excepting those possessed in accord with state and federal law). (11) Fires. No fires or open flame of any kind is allowed outside the vehicle. No cooking or food preparation shall be performed outside the vehicle.

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(12) Utilities. No extension of electrical or water service shall be allowed from any structure to any vehicle.
(13) Noise. No person shall make any noise or sound using a radio or other amplification device, in association with the temporary vehicle occupancy permit, that is specified in Chapters 11.94 and 11.96 PGMC. Amplified music or other sounds shall not be played if audible outside the vehicle. (14) Pets. Pets on premises shall be kept on a leash at all times. Animal waste shall be picked up immediately and disposed of properly. Vehicle occupants shall keep barking dogs in their vehicles. Any dog or other animal demonstrating aggressive behavior shall be immediately removed from the premises. (15) Parking Location. During overnight use, each vehicle shall be sited on the premises not less than 50 feet away from any real property used for residential purposes.
(16) Property. No person shall use, store, or place outside the vehicle any items of personal property owned or used by the temporary vehicle occupant, unless stored within a preexisting authorized structure on site.
(17) Commercial Use. No vehicle shall be used for any office, retail or any other commercial purpose.
(18) Urination and/or Defecation. Urination and/or defecation outside of authorized restroom facilities is prohibited.
(19) Camping. Camping tarps are prohibited.
(20) Each vehicle and occupant participating in the safe parking sleeping pilot program pursuant to a temporary vehicle occupancy permit shall also comply with administrative rules adopted and promulgated by the city manager for orderly implementation of this section.
(g) Permit Revocation. The safe parking sleeping program site permit may be revoked by the city manager, chief of police, or designee in accord with this section. Any property owner who receives a parking sleeping program site permit to allow persons to stay sleep in a parked vehicle on that property shall immediately surrender that permit upon request of the city manager, chief of police, or designee. Occupants sleeping in a parked vehicle, and the vehicle, shall immediately leave the property after the safe parking sleeping program site permit is revoked.
(1) Revocation Due to Violation of Law or Permit. The city manager, chief of police, or designee shall revoke any temporary vehicle occupancy permit upon PG CC 10/19/22
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finding any occupant of that vehicle has violated any provision of law or ordinance, including noncompliance with any term, condition, restriction and/or requirement of the temporary vehicle occupancy permit or safe parking sleeping program.
(2) Revocation Due to Inadequate Site Monitoring. The city manager, chief of police, or their designee shall revoke any temporary vehicle occupancy permit and/or any safe parking sleeping program site permit upon finding the on-site monitor fails to fulfill any requirement required by this section. (3) Revocation Due to Failure to Enforce Rules. The city manager, chief of police, or their designee shall revoke any temporary vehicle occupancy permit and/or safe parking sleeping program site permit upon finding the property owner has failed to provide or has withdrawn any term, condition or assurance required by this section, or given in connection with the application for a safe parking sleeping program site permit.
(4) Revocation Due to Withdrawal of Permission. The city manager, chief of police, or their designee shall revoke any temporary vehicle occupancy permit upon finding the property owner withdraws permission to use the premises for the purposes of this safe parking sleeping pilot program.
(5) No Notice Required. Any temporary vehicle occupancy permit or safe parking sleeping program site permit may be summarily revoked pursuant to this section.

Advance notice shall not be required.
(6) Duty upon Revocation of Permit. Any person who for any reason lacks permission or a valid temporary vehicle occupancy permit to remain on property as provided in this section shall vacate and leave the property immediately upon being informed that permission was rescinded or the permit was revoked. (h) Enforcement. The city manager or designee shall enforce this section, and may impose administrative civil penalties on property owners or temporary vehicle occupants who fail to comply with requirements of this chapter, as provided in Chapter 1.19 PGMC.
(i) No Duty Imposed on Property Owner to Allow Parking. Neither this section nor the grant of any permit pursuant to this section shall be construed to impose a duty on any property owner who chooses to allow temporary overnight parking sleeping in a vehicle, as authorized by this section, to continue to allow such use of the premises. The property owner may elect to revoke permission to use the premises for temporary overnight parking sleeping purposes, at any time, with or without cause.

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(j) Duty on Property Owner Imposed to Comply with Program Terms. This section shall impose a duty on any property owner who receives a safe parking sleeping program site permit or who allows temporary overnight parking sleeping in a vehicle to cooperate in the enforcement of this section and of each term, condition or assurance required by or given in connection with the application for a safe parking sleeping program site permit. Within 24 hours of receiving any request for corrective action, the property owner shall assist the on-site monitor to use his/her best efforts to remedy the circumstance.
(k) Hold Harmless and Non-responsibility. Nothing in this section creates any duty on the part of the city to ensure protection of persons or property relating to the grant of any safe parking sleeping program site permit or use of any temporary vehicle occupancy permit. Nothing in this section or this code creates any liability on the part of the city or its agents relating to the grant, denial or revocation of any safe parking sleeping program site permit or temporary vehicle occupancy permit.

SECTION 3. The City Manager is directed to execute all documents and to perform all other necessary City acts to implement this Ordinance.

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

SECTION 5. In accord with Article 15 of the City Charter, this ordinance shall become effective on the thirtieth (30th) day following its passage and adoption.

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

AYES:

NOES:

ABSENT:

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APPROVED:
_______________________________
BILL PEAKE, Mayor
ATTEST:
_______________________________
SANDRA KANDELL, City Clerk
DATED:_______________________
APPROVED AS TO FORM:
_______________________________
BRIAN A. PIERIK, City Attorney
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Agenda No. 11 F

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Brian Pierik, City Attorney
MEETING DATE: October 19, 2022
SUBJECT: Ordinance Amending Pacific Grove Municipal Code Chapter 14.04-Marine Refuge Establishing Roadwork Restrictions During the Harbor Seal Pupping Season.

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

RECOMMENDATION

1. Request a reading of the Ordinance Title;

2. 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

3. Direct that publication of the ordinance will be satisfied by publication of a summary approved by the City Attorney.

4. DISCUSSION
Background:

Pacific harbor seals are protected by federal law, as are all marine mammals in Monterey Bay including waters adjoining Pacific Grove. Federal law further designates the shoreline of Pacific Grove is a protected national marine sanctuary. It has long been the policy of the City of Pacific Grove to protect harbor seal mothers and pups where birthing occurs on any Pacific Grove beach.

The harbor seal pupping season in Monterey Bay generally occurs during the months of February through May each year (the “Harbor Seal Pupping Season”). During the Harbor Seal Pupping Season harbor seal mothers and pups are especially vulnerable to stresses from undue activities such as construction noise. Disturbing harbor seal mothers can lead to abandonment and starvation of pups.

Before the 2022 Harbor Seal Pupping Season the City issued a CDP exemption to allow roadwork construction on Ocean View Blvd. After the exemption was granted, road construction equipment arrived and started work on February 14th, 2022, which involved sawing through the pavement at 2nd Street. This area is about 425 feet from the main pupping beach at Hopkins Marine Station. After being contacted by the Resource Protection Coordinator for NOAA’s Monterey Bay National Marine Sanctuary, the City work stopped on April 11th (8 weeks after commencing) and was suspended until the pupping season was over.

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the pupping season was over.

At the August 17, 2022 meeting, the City Council heard evidence of the impacts during the eight weeks of roadwork construction near city beaches. The City Council considered concerns that the Coastal Development Permit (“CDP”) exemption issued by the City did not appear to consider potentially substantial adverse impacts environmentally sensitive habitat areas such as the harbor seal colony during this critical time as well as City Local Coastal Plan Policies. In addition, Bay Net docents reported there were 48 births during the 8 weeks of road construction noise and that 23 of those births ended in failure. They further reported that during this same period there were 20% fewer seals on the beaches when compared to the same time of year in 2021.

At its August 17, 2022 meeting the City Council directed the City Attorney to draft a proposed ordinance amendment to implement roadwork restrictions during the Harbor Seal Pupping Season. In his report to the City Council, Councilmember Coletti presented PowerPoint Slides with suggested implementation language.

After consideration of the Council direction our office has drafted an ordinance to amend Chapter

14.04-Marine Refuge to add a new Sections PCMC 14.04.035 and 14.04.090 to provide for suspension of Roadwork on Ocean View Blvd between Eardley and Carmel Avenues during the Harbor Seal Pupping Season unless it is coordinated in advance with the NOAA. The proposed PCMC code amendments are as follows:

14.04.035 Definitions.

(a) As used in this chapter, terms are defined as follows:
(1) The Harbor Seal Pupping Season shall be generally defined as occurring during the months of February through May. The City shall consult with local NOAA offices to determine commencement and conclusion of the season.
(2) An emergency is a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. This includes necessary action to restore, repair, or maintain public works, utilities, and services during and immediately following a natural disaster or serious accident or other cases of emergency.
(3) Roadwork is work done in constructing or repairing roads, construction, repair or replacement of utilities or facilities within the Ocean View Boulevard right of way between Eardley and Carmel Avenues.

14.04.090 Roadwork Restrictions During Harbor Seal Pupping Season.

During the Harbor Seal Pupping Season non-emergency roadwork projects within the Ocean View Boulevard right of way between Eardley and Carmel Avenues shall be suspended unless such work is coordinated in advance with the local NOAA offices. Emergency roadwork during the Harbor Seal Pupping Season shall be reported to the NOAA as soon as practical.

GOAL ALIGNMENT

1. Environmental Stewardship

2. City Asset Stewardship
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OPTIONS

1. Introduce the Proposed Ordinance amendment.

2. Provide other direction.

3. Take no action.

FINANCIAL IMPACT:

None for this action. Roadwork activity during the harbor seal pupping season can lead to a federally issued stop-work order, which can lead to increased costs and inefficient use of time and resources.

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

Attachments
Proposed Ordinance
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ORDINANCE NO. 22 -_____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE AMENDING CHAPTER 14.04 OF THE PACIFIC GROVE MUNICIPAL CODE

ESTABLISHING ROADWORK RESTRICTIONS DURING THE HARBOR SEAL

PUPPING SEASON
WHEREAS, pacific harbor seals are protected by federal law, as are all marine mammals; and
WHEREAS, the shoreline of Pacific Grove is a protected national marine sanctuary; and
WHEREAS, Pacific Grove Local Coastal Program Policy BIO-11 provides: “The City will implement seal pupping protection measures…”; and
WHEREAS, in general, the protections of harbor seals prohibit any actions that harass the animals with the effect of causing the seals to change their behavior or causing injury to the seals; and
WHEREAS, it is the policy of the City of Pacific Grove to protect harbor seal mothers and pups where birthing occurs on any Pacific Grove beach; and WHEREAS, if pups are delivered on any city beach, undue activity and construction noise can alarm adult seals, which could result in abandonment and starvation of pups; and WHEREAS, the harbor seal pupping season in Monterey Bay generally occurs during the months of February through May each year (the “Harbor Seal Pupping Season”); and WHEREAS, during the 2022 Harbor Seal Pupping Season the City issued a Coastal Development Permit (“CDP”) exemption to allow roadwork construction on Ocean View Blvd.

After the exemption was granted, road construction equipment arrived and started work on February 14th, 2022, which involved sawing through the pavement at 2nd Street, about 425 feet from the main pupping beach at Hopkins Marine Station. After being contacted by the Resource Protection Coordinator for NOAA’s Monterey Bay National Marine Sanctuary, the City work stopped on April 11th (8 weeks after commencing) and was suspended until the Harbor Seal Pupping Season was over; and
WHEREAS, at the August 17, 2022 meeting, the City Council considered the impacts of roadwork construction near city beaches during the Harbor Seal Pupping Season. The City Council considered that the harbor seal rookery areas are explicitly defined as an environmentally sensitive habitat area (ESHA) and that the Coastal Development Permit (“CDP”) exemption issued by the City did not appear to consider potentially substantial adverse impacts to environmentally sensitive habitat areas such as the harbor seal colony during the Harbor Seal Pupping Season as well as City Local Coastal Plan policies. In addition, Bay Net docents reported there were 48 births during the 8 weeks of road construction noise and that 23 of those births ended in failure. They further reported that during this same period there were 20% fewer seals on the beaches compared to the same time of year in 2021; and PG CC 10/19/22
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WHEREAS, at its August 17, 2022 meeting the City Council directed the City Attorney to draft a proposed ordinance amendment to implement roadwork restrictions during the Harbor Seal Pupping Season.; and
WHEREAS, notice of the City Council public hearing on the second reading of the draft ordinance was published in the Monterey County Herald on ______________, 2022; and WHEREAS, this ordinance amends Municipal Code Chapter 14.04 — Marine Refuge; and
WHEREAS, 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.; and
WHEREAS, in the course of the review of the draft Ordinance, the amendments proposed by this ordinance do not result in any new significant impacts to the environment because they are either more protective or procedural in nature; and WHEREAS, the City filed a Notice of Exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Class 7, Actions by Regulatory Agencies for Protection of Natural Resources, and this Ordinance has been mitigated to a point where the proposed project will not have the potential to significantly degrade the environment; will have no significant impact on long-term environmental goals; will have no significant cumulative effect upon the environment; and will not cause substantial adverse effects on human beings, either directly or indirectly.

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

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

SECTION 2. If any provision, section, paragraph, sentence, clause, or phrase of this ordinance, or any part thereof or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses, or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.

SECTION 3. Pacific Grove Municipal Code Chapter 14.04 shall be amended by the addition of a new sections 14.04.035 Definitions and 14.04.090 City Roadwork Restrictions During Harbor Seal Pupping Season as set forth below.

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14.04.035 Definitions.
(a) As used in this chapter, terms are defined as follows:
(1) The Harbor Seal Pupping Season shall be generally defined as occurring during the months of February through May. The City shall consult with local NOAA offices to determine commencement and conclusion of the season.
(2) An emergency is a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

This includes necessary action to restore, repair, or maintain public works, utilities, and services during and immediately following a natural disaster or serious accident or other cases of emergency.
(3) Roadwork is work done in constructing or repairing roads, construction, repair or replacement of utilities or facilities within the Ocean View Boulevard right of way between Eardley and Carmel Avenues.

14.04.090 Roadwork Restrictions During Harbor Seal Pupping Season.

Emergency roadwork during the Harbor Seal Pupping Season shall be reported to the NOAA as soon as practical.

SECTION 4. The City Manager is directed to execute all documents and to perform all other necessary City acts to implement this Ordinance.

SECTION 5. In accord with Article 15 of the City Charter, this ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.

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
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ATTEST:
_________________________________
Sandra Kandell City Clerk
APPROVED AS TO FORM:
_________________________________
Brian Pierik, City Attorney
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Agenda No. 11 G

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Brian Pierik, City Attorney
MEETING DATE: October 19, 2022
SUBJECT: 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
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION

1. Request a reading of the title of the Ordinance;

2. 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

3. Direct that publication of the ordinance will be satisfied by publication of a summary approved by the City Attorney.

4. DISCUSSION
City Charter Article 40 provides the City’s purchasing regulatory framework. Paragraph (b) states:
“The Council by ordinance shall adopt policies and procedures, including appropriate bidding regulations, governing purchases of or contracts for supplies, materials, and equipment. Purchases of supplies, materials and equipment shall be made only in accordance with the adopted policies and procedures.”
The City Council has ultimate fiduciary responsibility for all City expenditures, including purchases and contracts for supplies, services, and equipment.

On September 21, 2022, the City Council directed the City Attorney to prepare a draft ordinance to clarify purchasing authorization procedures consistent with the changes discussed by the Council at that meeting.

Attached to this Agenda Report is a 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.

OPTIONS
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Do not adopt the proposed ordinance.

FINANCIAL IMPACT:

There is no fiscal impact.

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

Attachments
Proposed Ordinance
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1 ORDINANCE NO. 22 -_____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE 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
WHEREAS, City Charter Article 40 provides the City’s purchasing regulatory framework. Paragraph (b) states: “The Council by ordinance shall adopt policies and procedures, including appropriate bidding regulations, governing purchases of or contracts for supplies, materials, and equipment. Purchases of supplies, materials and equipment shall be made only in accordance with the adopted policies and procedures.” and WHEREAS, Council has ultimate fiduciary responsibility for all City expenditures, including purchases and contracts for supplies, services, and equipment; and.

WHEREAS, on September 21, 2022, the City Council directed the City Attorney to prepare a draft ordinance to clarify purchasing authorization procedures; and WHEREAS, notice of the City Council public hearing on the second reading of the draft ordinance was published in the Monterey County Herald on ______________, 2022; and WHEREAS, this ordinance amends Municipal Code Chapter 2.05 and 2.16 and 6.20 of the City Municipal Code by deleting strikethrough text and adding the underlined text to the code sections set forth in Section 3, 4 and 5 of this Ordinance; and WHEREAS, 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.; and
WHEREAS, in the course of the review of the draft Ordinance, the amendments proposed by this ordinance do not result in any new significant impacts to the environment because they are procedural in nature; and

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

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

SECTION 2. If any provision, section, paragraph, sentence, clause, or phrase of this ordinance, or any part thereof or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, PG CC 10/19/22
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2 paragraphs, subparagraphs, sentences, clauses, or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.

SECTION 3. Pacific Grove Municipal Code Chapter 2.05 shall be amended as follows:

2.05.010 Mayor required to sign contracts and other legal instruments.

Pursuant to Article 11 of the city charter the mayor shall sign, facsimile or actual, in the name and on behalf of the city, all contracts, deeds, bonds and other legal instruments in which the city is a party. The mayor has authority to sign any contract, deed, bond or other legal instruments only with prior Council approval. This section does not transfer operational authority to the mayor.

SECTION 4. Pacific Grove Municipal Code Chapter 2.16 shall be amended as follows

2.16.160 Authorized for purchases by the purchasing agent. (a) Purchases of supplies, services, materials, equipment and contractual services, including publicworks, having an estimated market value under $35,0002 may be made by the purchasing agent inthe open market, as hereinafter described in this article, without observing the formal contract procedures prescribed in Articles III and IV of this chapter.
(b) The purchase authority limit set forth in subsection (a) of this section shall be adjusted on July 1st of each fifth fiscal year, starting on July 1, 2020 by Council resolution. The adjustment shall cause an increase or decrease to the purchase limit based upon the cumulative change in the Consumer Price Index (CPI) that occurred since the last adjustment, based upon the “CPI, All Urban Consumers, San Francisco- Oakland-San Jose area; base years 1982-1984 = 100,” as published by the U.S. Department of Labor, or any comparable replacement or successor index. For ease of administration, the purchase authoritylimit set for each following five-year period shall be adjusted by rounding to the nearest $5,000.
(c) A written report of all purchases made under authority of this section shall be provided to councilon a quarterly basis.
(d) All purchases made under the authority of this section shall be accumulative per subject as per PGMC 2.16.420, Splitting projects.

2.16.220 Formal contract procedure.

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3 bidder pursuant to the procedure prescribed in this article except when such procedures may be dispensed with as defined in Article I of this chapter or as otherwise provided by law. Standard contracts may be used when approved by City Attorney and Council by resolution or motion. Contracts shall be provided to Council prior to approval. Standard contracts may be incorporated by reference into an Agenda Report with specification of the parties, term, scope of work, price, and contingencies to extend the term and/or increase the price. (The procedures prescribed in Article IV of this chapter shall be observed in the case of all public works projects, as defined in Article IV of this chapter, involving expenditures greater than the maximum amount for which the purchasing agent is authorized, as specified in Article II of this chapter.).

SECTION 5. Pacific Grove Municipal Code Chapter 6.20 shall be amended as follows

6.20.040 Expenditures – Authorization.
(a) Pursuant to Article 36 of the city charter the city manager is authorized to approve any expenditure without presentation to the council if the city manager determines that a demand for such expenditure is one for an item included within an approved budget appropriation and for purchases and contracts for all expenditures, which is authorized pursuant to PGMC Chapter 2.16. (b) Warrants for wages and salaries shall be approved and paid without the necessity of any demand therefor.
(c) Nothing herein shall excuse the need for competitive bidding when prescribed by charter or other city requirement, nor shall any expenditure be made in excess of budget limitations generally covering the expenditure.
(d) Items not included in an approved budget appropriation shall require council approval; provided, that the city manager may, in his or her discretion, submit such items to the council for advance approval.

SECTION 6. The City Manager is directed to execute all documents and to perform all other necessary City acts to implement this Ordinance.

SECTION 7. In accord with Article 15 of the City Charter, this ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.

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

AYES:

NOES:

ABSENT:

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4 APPROVED:
____________________________
BILL PEAKE , Mayor
ATTEST:
_________________________________
Sandra Kandell City Clerk
APPROVED AS TO FORM:
_________________________________
Brian Pierik, City Attorney
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Agenda No. 13 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Megan McKenna, BNRC Commissioner
MEETING DATE: October 19, 2022
SUBJECT: Climate Action and Adaptation Plan
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive presentation and provide direction.

DISCUSSION
The sustainable projects, actions, and accomplishments in the City Pacific Grove set our community on an ideal path to develop a more formal and strategic Climate Action and Adaptation Plan. The BNRC Climate Action Subcommittee, in collaboration with Sustainable PG, prepared this outline for how the City might move forward with a plan and identified priority actions for consideration. The attached document is a concept review for the City of Pacific Grove’s Climate Action and Adaptation Plan. The Sub Committee is seeking input from the community and the City Council as the commission progresses towards the development of a plan.

OPTIONS
Do nothing.

FINANCIAL IMPACT:

There is no fiscal impact by receiving the report.

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

Attachments
Presentation
Concept Plan
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Climate Action and
Adaptation Planning
City of Pacific Grove
October 19, 2022
Presentation by BNRC Subcommittee on Climate Action
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Timeline
January 2021
SPG presented to City
Council
Sustainable Pacific Grove
(SPG) asked the City of Pacific
Grove to proclaim a Climate
Emergency Resolution and to
commit to a series of actions
Council recommend the
document go through BNRC
review

February 2022
BNRC subcommittee
research and planning
The subcommittee
researched CAAP and met
with council members
Based on this, the
subcommittee decided to
proceed with a concept
review to present to the city
council after review and
approval by BNRC

April 19, 2022
BNRC review and
approval
McKenna motioned for the
commission to approve this
document and have it
forwarded to council to
review and commit to the
climate action planning.

Ingram 2nd. Approved 6-0.

April 24, 2022
Clarified request to city
council
(1) Commit to initial planning
CAAP
(2) Integrated into the updates to
the General Management Plan
(3) Develop a website that
summarizes city actions related
to CAAP
(text shortened)

April 2020
SPG met with Mayor
Sustainable Pacific Grove
(SPG) urged the mayor to take
more action and talked about
the Climate Change Crisis
Declaration SPG will bring to
the council for their
consideration

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Overview of Concept Review

1. Summary of the urgency and justification for undertaking climate action planning in the City of Pacific Grove

2. List of city activities that show City’s commitment to climate action

3. Specific recommendations from BNRC
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Specific Requests
(1) Commit to initial planning for a Climate Action and Adaptation Plan (CAAP). This would include establishing a budget, projected timeline for planning, implementation, and evaluation, and options to secure funding. To facilitate this initial planning, we recommend establishing a committee composed of city staff, elected officials, local business representatives, and members of the public.
(2) Request that CAAP be integrated into the updates to the General Management Plan. (3) Develop a website that summarizes actions the city is taking towards climate action planning with the purpose of learning from what we have already done in our community.

This would expand on this list we initially presented by the BRNC and could expand to include a survey of city departments on what they are doing.

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Concept Review for City of Pacific Grove Climate
Action and Adaptation Plan
Cities worldwide are creating specific and measurable climate action goals by committing to a series of actions— as part of the U.S. Conference of Mayors’ Climate Protection Agreement. The City of Pacific Grove is a member of this agreement and needs to join the efforts with strategic and actionable goals based on the following facts:
● The Intergovernmental Panel on Climate Change's (IPCC) most recent report indicates that global warming and the melting of the Arctic ice caps are happening at a faster rate than previously anticipated, and it stresses the urgency of reducing greenhouse gas (GHG) emissions* in order to limit global warming to 1.5 degrees Celsius going forward.
● NOAA reports that the rising ocean acidity off the coast of California (twice the rate of the global average) caused by GHG emissions threatens the shellfish and other species in Monterey Bay. This represents a grave threat to our local economy.
● The Paris Climate Agreement adopted by the United Nations specifically identifies the importance of local governments in the role of environmental protection via aggressive policies and programs that reduce our GHG emissions while promoting a 21st century economy.
● The Coastal Commission has identified several areas of concern for climate change specific to the coastal zone including: storms and flooding; coastal erosion and loss of sandy beaches; coastal habitats; marine ecosystems; land use planning decisions; and shoreline access. Pacific Grove has approximately 458 acres of land within the coastal zone (City of Pacific Grove Climate Change Vulnerability Assessment, 20151).
● Cities, including Pacific Grove, will face tremendous financial losses due to the projected sea level rise, the intensity of storms, drought, wildfires and coastal flooding, linked to rising global temperatures caused by GHG emissions.

Business and private properties are also at risk.
● The Pacific Grove community, led by the Beautification and Natural Resource Commission and Sustainable Pacific Grove, is encouraging the City to develop and implement a sound climate action plan.
● Pacific Grove’s City Council priorities call for environmental stewardship through adoption and development of policies and ordinances that preserve and protect the environment.
1 Documents available upon request
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Summary of City of Pacific Grove Climate Actions
The City of Pacific Grove has initiated, and in many cases completed, a number of projects to address the climate crisis. While these projects are not part of a formal climate action plan, they highlight the City's commitment to climate action in our community. We wanted to showcase these projects as an initial step in developing a city climate action plan. Below is a list of projects identified by BNRC.

Energy Saving

1. LED streetlight upgrade (completed 2018)

2. Community engagement to achieve energy efficiency through Heros Program, energy efficiency rebates, guidelines and online resources

3. Installation of solar street lighting (2021, 2022)
Sustainable Transportation

1. Proposal for electrification of city fleet (began 2015)

2. Installation of electric vehicle charging stations (began 2020) ) Water Conservation

1. Replacement of potable irrigation system to recycled water (2017)

2. Updated storm water collection system (2018)

3. Rainscape Rebate Program for low impact development projects Waste Management

1. Reduction of single use plastic bags (2015)

2. Reduction of disposable food service ware (2019)

3. Installation of water bottle refilling stations (2022)

4. Household organic waste collection (2022)
Natural Resources Protection and Restoration

1. George Washington Park restoration and tree planting (began 2019)

2. Shoreline Management Plan (completed 2020)

3. Coastal Wildlife Protection Advisory Committee Report recommendations (proposed 2021)

4. Update Monarch Habitat Management Plan (proposed 2021)

5. Review and update to Trees and Urban Forest Municipal code (initiated in 2022) Other Related Accomplishments

1. Climate Change Vulnerability Assessment (2015)

2. County of Monterey Greenhouse Gas Inventory (2022)
Awards

1. Beacon Platinum Award for reduction of GHG emissions (2018-2020)

2. Beacon Silver Award for sustainability best practice activities (2018), energy savings (2019), and vanguard award (2020)

3. Storm water capture system awarded Ocean Hero award from Monterey Bay Aquarium (2019) and Project of the Year award from American Public Works Association (APWA) Monterey Bay Chapter (2022)
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Recommendations
The sustainable projects, actions, and accomplishments in the City Pacific Grove set our community on an ideal path to develop a more formal and strategic Climate Action and Adaptation Plan. The BNRC Climate Action Subcommittee, in collaboration with Sustainable PG, prepared this outline for how the City might move forward with a plan and identified priority actions for consideration. Specifically, the BNRC and SPG recommend developing a Climate Action and Adaptation Plan.

Climate Action and Adaptation Plans (CAAP) involve conducting an inventory of greenhouse gasses (GHG)*, setting reduction targets**, identifying priority actions, creating a plan for implementing actions and monitoring changes. A CAAP will keep our community on track for realizing reduction goals for our priority actions and monitoring success through annual inventory comparisons. By working in conjunction with Local Governments for Sustainability and other appropriate organizations, the city can track implementation and progress of the climate action plan, as well as consider equitable distribution of services to ensure that those who will be most greatly impacted by the effects of changing climate are not left behind. See City of Watsonville’s CAAP and Santa Cruz as example CAAPs.

In order to meet the City’s climate goals, the listed priority actions include three types of initiatives:

Climate action refers to actions taken to reduce emissions. Examples include transitioning to low-carbon energy sources, such as solar or wind energy.

Climate adaptation, on the other hand, refers to preparing for the impact climate change is already having on our communities, such as increased droughts, wildfires, and flooding.

Climate restoration consists of goals and actions that draw excess carbon out of the atmosphere and help restore balance to ecological systems, such as tree-planting and regenerative agricultural practices.

This initial list of climate actions, adaptation, and restoration activities will be built upon as we acquire data from our GHG inventory, develop our CAAP, and identify priorities and needs of the community.

Climate actions to reduce GHG emissions:
● Complete a city-specific inventory of greenhouse gas to inform actions.

These results build on the AMBAG Energy Watch energy assessments of all city facilities and complement the recent Monterey County GHG Inventory;
● Enhance transportation options such as bicycle trails, carpooling and public transit;
● Increase the use of clean alternative energy, including installation of solar panels on appropriate city infrastructure;
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● Make energy efficiency a priority through building code improvements, retrofitting City facilities with energy efficient lighting and heating and urging employees to conserve energy;
● Purchase only Energy Star equipment and appliances for City use; ● Practice and promote sustainable building practices using the U.S. Green Building Council's LEED program or a similar system;
● Electrify municipal vehicles when feasible or increase the fuel efficiency of fleet vehicles;
● Educate, promote, and encourage the community (business and private, and schools) to reduce GHG emissions with the above actions; Climate adaptation to prepare for impact of climate change:
● Initiate an Eco-tourism committee with representation from each tourism sector of hospitality, leisure activity, and travel;
● Reconsider coastal structures and trails based on the findings of the 2015 City of Pacific Grove Climate Change Vulnerability Assessment, and the Shoreline Management Plan;
● Incorporate principles of equity in planning, design, and implementation; Climate restoration to draw excess carbon out of the atmosphere and to restore ecological balance:
● Maintain a healthy urban canopy and promote tree planting; ● Practice and promote a sustainable ecosystem by eliminating toxic pesticides (herbicides, insecticides, and rodenticides) and supporting natural, nontoxic methods of pest management on city property; ● Enhance the persistence of cultural practices with a focus on preserving the ecosystems that are integral to local Tribal communities. * An inventory of GHG emissions requires measurement of energy used (electricity, natural gas, gasoline/miles driven) and waste generated (landfill, yard waste, recyclables and compostable biowaste), using available metrics and a conversion factor into GHG emissions for each, and segregating these measurements by sector (municipal, business, private). Water usage should also be inventoried.
** For simplicity and clarity, greenhouse gas emission reduction is used as the method of addressing the damaging effects of global climate change. In the U.S. Mayors’ Climate Protection Agreement, terms like climate disruption, reducing global warming pollution, greenhouse gas emission reduction, and emissions reduction are interchangeably used.

Reduction of greenhouse gas emissions can be achieved by consuming less energy and producing less waste, both of which save money.

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Agenda No. 13 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Susan Meyers, BNRC Commissioner
MEETING DATE: October 19, 2022
SUBJECT: Single Use Plastic Code Revisions
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive presentation and provide direction.

DISCUSSION
On November 7, 2019, Council approved amendments to Chapters 11.98 and 11.99 of the municipal code regarding prohibitions on single-use plastics and food packaging, which were to be initiated on April 22, 2020.

Awareness outreach and alternate resources had been given via business and community meetings and in-person business contact. The outreach was a joint effort of the City of Pacific Grove Public Works, The Chamber of Commerce and local volunteer NGOs (Communities for Sustainable Monterey County, Monterey Bay Aquarium, and Monterey Regional Stormwater Education Alliance).

While Chapter 11.98 of the code is in effect, enforcement has been limited due to COVID19. The BNRC Recycling and Litter Reduction Subcommittee proposes several amendments to Chapter 11.98 to be voted on and approved before proceeding with the re-initiation and enforcement. The proposed amendments are described below and shown illustrated on the red-lined draft of Chapter 11.98.

11.98.0301.

1. Change the minimum requirement of carryout paper bags from 100% to 75% recycled material.

2. Offer paper only at checkout for the cost of $0.25. All reusable plastic bags, including the 4ml plastic bags, are sold separately and priced similarly.

3. Allow compliant paper bags for carryout of wet items, pharmacy, cards, etc.

11.98.0351.

1. Prohibit bioplastic PLA and allow non-plastic recyclable packaging such as aluminum and glass

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3. Food service providers will charge a take-out fee for take-out containers, not to exceed $1.00 per order, but including a fee $0.25 per for each to go cup to cover the difference in cost from SUDs

11.98.050
BNRC recommends suspending enforcement of dry cleaner film prohibition until further notice. The subcommittee would also ask for suspension of enforcement to the dry cleaner bags portion of the codes until further notice due to constraints on alternatives and current strain on the dry cleaner businesses.

Additionally, include prohibition of balloons and all types of confetti in the Ordinance. Amend all Use/Event permits to clearly include the prohibition and communicate the restrictions more visibly on the permit application and website. Enforce collection of cleaning deposit and consider increasing the amount of the deposit.

Prior to policy changes, it is the recommendation that a public outreach campaign occur within the business community that will be effected.

OPTIONS
Do nothing and keep the code as is.

FINANCIAL IMPACT:

There is no fiscal impact by receiving the report
GOAL ALIGNMENT: Environmental Stewardship: Adopt and develop policies and ordinances that preserve and protect the environment.

Attachments
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RECOMMENDATION
The BNRC recommends amendments to Chapters 11.98 and

11.99 of the municipal code regarding prohibitions on single-use plastics (the “Ordinance”) and submits this presentation and attendant materials to the City Council for its consideration.

SINGLE USE PLASTIC ORDINANCE
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Change the minimum requirement of carryout paper bags
from 100% to 75% recycled material.

Offer paper only at checkout for the cost of $0.25. All reusable plastic bags, including the 4ml plastic bags, to be sold separately and priced similarly.

Allow compliant paper bags for carryout of wet items,
pharmacy, cards, etc.

AMENDMENT 11.98.030

11.98.030 Ban on single-use plastics and plastic bags and charge for paper carryout bags.

1. 2.

3. PG CC 10/19/22
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Prohibit bioplastic PLA and allow non-plastic recyclable packaging such as aluminum and glass.

Regarding straws: Remove SUD (which includes single-use paper straws) from the restriction and replace with SUP. Use SUD/SUP consistently throughout the codes.

Food service providers will charge a take-out fee for take-out containers, not to exceed $1.00 per order, but including a fee $0.25 per for each to go cup to cover the difference in cost from SUDs.

Amendment 11.98.035

11.98.035 Ban on single-use disposable food serviceware

1. 2.

3. PG CC 10/19/22
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Vote to suspend enforcement of dry cleaner film prohibition until further notice.

DRY CLEANER CONSIDERATION

11.98.050 Enforcement

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Include prohibition of balloons and all types of confetti in the Ordinance.

Amend all PG Use/Event permits to clearly include the
prohibition and communicate the restrictions more visibly on the permit application and website.

Enforce collection of cleaning deposit and consider increasing the amount of the deposit.

BALLOONS AND CONFETTI

1. 2.

3. PG CC 10/19/22
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Chapter 11.98 REDUCTION OF SINGLE-USE PLASTICS
Sections:

11.98.010 Purpose and findings.

11.98.020 Definitions.

11.98.030 Ban on single-use plastics and plastic bags and charge for paper carryout bags.

11.98.035 Ban on single-use disposable food service ware.

11.98.040 Ban on single-use amenities by lodging providers.

11.98.045 Implementation.

11.98.050 Enforcement.

11.98.055 Exemptions.

11.98.010 Purpose and findings.
(a) It is the intent of the city of Pacific Grove in enacting this chapter to eliminate the use of single-use plastics, to encourage the use of reusable or compostable products by consumers, food and lodging providers, and retail establishments, and to reduce the consumption of single-use plastics in general. (b) By promoting compostable materials and reusable products, the city positions itself to meet state mandated waste diversion targets.
(c) Single-use disposable packaging and food ware (SUDs) are a major contributor to street litter, ocean pollution, marine and other wildlife harm, and greenhouse gas emissions. (d) Plastics in waterways and oceans break down into smaller pieces known as microplastics, which are not biodegradable and are present in most of the world’s oceans. (e) Among other hazards, plastic debris attracts and concentrates ambient pollutants in seawater and freshwater, which can transfer to fish, other seafood and salt that are eventually sold for human consumption.
(f) The city finds that the addition of this chapter to the municipal code qualifies as a regulation for the protection of natural resources and the environment as defined by the California Environmental Quality Act (CEQA). [Ord. 19-016 § 2, 2019; Ord. 14-015 § 2, 2014].

11.98.020 Definitions.

For the purposes of this chapter, the following definitions apply:
“Affordable” means that a compostable product may cost up to 15 percent more than the purchase cost of the nonbiodegradable, non-compostable or nonrecyclable material. “ASTM standard” means meeting the standards of the American Society for Testing and Materials International Standards D6400, as may be amended.
“Biodegradable” means the ability of organic matter to break down from a complex to a simpler form through the action of bacteria or to undergo this process. “BPI” means Biodegradable Product Institute.
“City contractor” means any person or entity that has a contract with the city for work or improvement to be performed, for a franchise, concession, for grant moneys, goods and services, or supplies to be purchased at the expense of the city.
“City facility” means any building, structure, street, park, open space, golf links, or vehicle owned and operated by the city, its agents, and departments.
“Compostable” means a material that meets BPI certified standards or undergoes degradation by biological processes during composting to yield carbon dioxide (CO2), water, inorganic compounds, and PG CC 10/19/22
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biomass within a nominal time frame. Compostable food service ware must be clearly labeled compostable in accordance with California Public Resources Code Section 42357 et seq., as may be amended, and all state and federal labeling laws pertaining to the identification of compostable products.
“Disposable” means products intended for single or a limited number of uses, used in the restaurant, food service and retail industries.
“Exempted uses” means those points of sale or delivery sales that have received a special exemption through the city manager or designee.
“Food service provider” means any restaurant or vendor located or providing food within the city that provides prepared food for public consumption on or off its premises and includes without limitation any store, shop, sales outlet, restaurant, grocery store, supermarket, delicatessen, catering truck, special events vendor, or vehicle, or any other person who provides prepared food; and any organization, group or individual which regularly provides food as a part of its services. “Food service ware” means products used by a food service provider or in the food service industry for serving or transporting prepared ready-to-consume food or beverages. This includes but is not limited to plastic plates, straws, cups, lids, bowls, utensils, stirrers, beverage plugs, trays and hinged or lidded containers. This does not include single-use packaging for unprepared foods. “Lodging provider” means any hotel, motel, bed and breakfast inn, short-term rental, or any other establishment that provides overnight lodging.
“Person” means an individual, business, event promoter, special events vendor, trust, firm, joint stock company, corporation, nonprofit, including a government corporation, partnership, or association, and public or private school.
“PLA” (polylactic acid or polylactide) means a biodegradable and bioactive thermoplastic aliphatic polyester derived from renewable biomass, typically from fermented plant starch such as from corn, cassava, sugarcane or sugar beet pulp.
“Plastic” means a material derived from either petroleum or a biologically based polymer, such as corn or other plant sources.
“Plastic bag” or “plastic carryout bag” means a single-use carryout bag of any size that is provided at point of sale to customers by a retail establishment or food provider. Plastic bags include noncompostable carryout bags. After December 31, 2020, this definition shall include “dry cleaning film bags.”
“Point of sale” means a physical or virtual place where sales transactions are made, typically a cash register, check stand or online shopping cart.
“Polystyrene foam” includes expanded polystyrene that is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blown molding (extruded foam polystyrene). This includes but is not limited to polystyrene foam plate, bleached paperboard plate with low density polyethylene coating and bleached paperboard plate with polystyrene coating.
“Prepared food” means food or beverage prepared for consumption on the food provider’s premises, or elsewhere, using any cooking or food preparation technique. This does not include any raw uncooked meat, fish or eggs unless provided for consumption without further food preparation. This does not include food prepared and packaged outside the city.

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“Recyclable” means any material that is accepted by the city recycling program, including, but not limited to, paper, glass, aluminum, cardboard and plastic bottles, jars and tubs. Recyclable plastics comprise those plastics coded with the recycling symbols Nos. 1 through 5. “Recycled paper bag” means a bag that contains no old growth fiber and is made up of 100 percent post-consumer recyclable materials, and has printed in a highly visible manner on the outside of the bag the words “100 percent Compostable.”
“Restaurant” is defined as a food provider doing business in the city whose principal business is the sale of prepared food for consumption either on or off premises, which includes a restaurant, cafe, bakery, food cart, take-out establishment, home kitchens, delicatessen, or catering truck. “Retail establishment” or “retail store” means all sales outlets, stores, shops, vehicles, nonprofits, resale businesses or other places of business located within the city that operate primarily to sell or convey goods directly to the ultimate consumer.
“Reusable” means designed or intended for more than a single use or few uses, or intended for reuse, in contrast to disposable.
“Reusable bag” means any bag with handles that is specifically designed and manufactured for multiple reuse, and is either: (1) made of cloth or other washable woven fabric; or (2) made of durable material that is at least 4.0 mils thick that can be cleaned or disinfected at least 125 times. A reusable bag may be made of recyclable plastic such as high-density polyethylene (HDPE), low-density polyethylene (LDPE), or polypropylene.
“Single-use amenities” means plastic containers less than eight ounces in size that contain personal care products intended to be applied to or used on the human body in the shower, bath or any part thereof, and includes body wash, lotion or hair products provided by lodging providers. “Single-use carryout bag” is defined as a bag, other than a reusable, recyclable bag, or compostable bag, provided at the point of sale for the purpose of transporting food or merchandise out of the establishment. Single-use carryout bags include bags, without handles, provided to the customer to (1) transport produce, bulk food or meat from a produce, bulk food or meat department within a store to the point of sale; (2) hold prescription medication dispensed from a pharmacy; or (3) segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a bag.
“Single-use plastics” or “SUPs” means single-use carryout plastic bags or containers that are provided at the point of sale to customers. These typically include plates, cutlery, cups, lids, straws, “clamshells” and other containers, as well as products with plastic lining. This also includes single-use amenities. “Special events promoter” means an applicant for any special events permit issued by the city or any city employee(s) responsible for any city-sponsored or organized special event. “Straw” means a tube through which beverages, slurries, smoothies, and similar ingestible products may be ingested by the consumer.
“SUDs” means single-use disposable packing and food service ware. [Ord. 19-016 § 2, 2019; Ord. 14- 015 § 2, 2014].

11.98.030 Ban on single-use plastics and plastic bags and charge for paper carryout bags. (a) No retail establishment, dry cleaner, laundry service, food service provider, or lodging provider shall provide single-use plastics or plastic bags to customers at the point of sale, except as permitted in this chapter.

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(b) No city contractors, special events promoters, or their vendors, while performing under contract or permit within the city limits, shall provide single-use plastics or plastic bags to customers at the point of sale.
(c) Paper carryout bags provided to customers shall contain a minimum of 75100 percent postconsumer recycled paper fiber and must be certified compostable as defined in this chapter. (d) Retail establishments shall charge a minimum 2510-cent fee for each paper carryout bag provided to customers at the point of sale. Retail establishments shall keep annual records of paper bag distribution to be made available to the city manager or designee upon request. From time to time, the city may review the annual records of paper bag distribution to ensure the effectiveness of these regulations. (e) The charge imposed pursuant to this chapter shall not be charged to customers participating in the California Special Supplemental Food Program for Women, Infants, and Children, the State Department of Social Services food stamp program, or other government-subsidized purchase programs for lowincome residents. (f) Bags used to protect wet items or for carry-out protection must be made of BPI compliant materials or compliant paper materials. This includes bags to protect bottles, bags around meat, produce, ice cream or other wet items, bags to weigh candy, pharmacy bags, or bags to protect greeting cards. (g) Retail establishments are strongly encouraged to make reusable bags available for sale to customers at a reasonable price. 4ml plastic bags shall be treated as other reusable bags, sold separately and priced accordingly.
(h) Retail establishments shall indicate on the customer transaction receipt the number of paper carryout bags provided, and the total amount charged.
(i) It shall be a policy of the city that retail establishments located outside the city shall not package any nonfood product in a container that utilizes polystyrene foam, both block polystyrene or packaging peanuts, or purchase, obtain, keep, distribute or sell for home or personal use, or give, or otherwise provide to customers any packaging that utilizes polystyrene foam. The city shall promote and require elimination of all SUDSUP and polystyrene foam packaging. [Ord. 19-016 § 2, 2019; Ord. 14-015 § 2, 2014].

11.98.035 Ban on single-use disposable food service ware. (a) All food service providers within the city shall provide reusable food service ware for dine-in customers.
(b) BPI certified non-PLA compostable food service ware and non-plastic recyclables required for prepared food other than dine-in customers.
(1) All food service providers within the city shall use BPI certified non-PLA compostable food service ware and non-plastic recyclables products for prepared food. This includes city contractors and special events promoters performing under a city contract or permit. (2) No person may sell, offer for sale, or otherwise distribute within the city, and may not provide prepared food in any disposable food service ware that is not BPI certified fiber based compostable, non-plastic recyclable, or that contains polystyrene foam. This includes city contractors in the performance of city contracts and special events promoters in the city. (3) Food service providers maywill charge a take-out fee for take-out containers, not to exceed $1.00 per order, but including a 25-cent fee for each to go cup to cover the difference in cost from SUDs.

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(c) Straws shall be provided only upon request. All SUDSUP straws, including PLA/bioplastic, are prohibited. Exceptions shall only be made to the consumer self-identifying as a person with a disability, whereupon a plastic straw may be provided to the consumer. (d) Foods prepared or packaged outside the city and sold within the city are exempt from the provisions of this chapter. Purveyors of food prepared or packaged outside the city are encouraged to follow the provisions of this chapter as it is a policy goal of this city to eliminate the use of single-use plastics and polystyrene foam for packaging prepared food.
(e) Penalties.
(1) The city, in accordance with applicable law, may inspect any food service provider’s premises to verify compliance with this chapter.
(2) Food service providers shall confirm compliance with this chapter on their annual business license renewal forms.
(3) Violations of this section shall be enforced as follows:
(A) For the first violation, the city manager or designee shall issue a written warning to the food provider specifying that a violation of this chapter has occurred and notifying the food provider of the appropriate penalties to be assessed in the event of future violations. (B) The following penalties shall apply for subsequent violations of this chapter:
(i) A citation imposing a fine in the sum of $200.00 for the first violation that occurs more than 30 days after the warning issued pursuant to subsection (e)(3)(A) of this section. In lieu of payment, the person cited may submit receipts to the city manager that demonstrate the purchase, following the service of the citation, of at least $100.00 worth of BPI certified compostable products appropriate as an alternative to the disposable food service ware that led to the violation.
(ii) A fine in the sum of $400.00 for a violation that occurs after issuance of the citation referenced in subsection (e)(3)(B)(i) of this section.
(iii) A fine in the sum of $900.00 for the third and each subsequent violation which occurs after issuance of the citation referenced in subsection (e)(3)(B)(i) of this section. (4) Food service providers who violate this chapter in connection with special events, defined in this chapter, shall be issued a citation imposing fines as follows:
(A) A fine of $200.00 for each violation associated with an event of one to 200 persons; (B) A fine of $400.00 for each violation associated with an event of more than 200 but less than 400 persons;
(C) A fine of $600.00 for each violation associated with an event of more than 400 but less than 600 persons; and
(D) A fine of $1,000 for each violation associated with an event of more than 600 persons. [Ord. 19-016 § 2, 2019].

11.98.040 Ban on single-use amenities by lodging providers.

Single-use amenities are prohibited for distribution by lodging providers within the city except to persons specifically requesting accommodations for a disability or other special need. [Ord. 19-016 § 2, 2019].

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11.98.045 Implementation.

The city shall make available a copy of this chapter, or a link to this chapter on the city’s website, to every new retail establishment, dry cleaner, laundry service, lodging provider or food provider that applies for a business license. [Ord. 19-016 § 2, 2019; Ord. 14-015 § 2, 2014. Formerly 11.98.040].

11.98.050 Enforcement.
(a) Beginning April 22, 2020, violations of this chapter may be enforced in accordance with Chapters

1.16 and 1.19 PGMC.
(b) Violation of this chapter will be considered a public nuisance. In addition to any other remedies or penalties that may be available, any violation described in subsection (a) of this section shall be subject to abatement by the city, as well as any other remedies that may be permitted by law for public nuisances, and may be enforced by an injunction issued by the superior court in a civil action, based upon a showing by the city that said violation exists.
(c) The city manager is authorized to establish regulations or administrative procedures to obtain compliance with this chapter. [Ord. 19-016 § 2, 2019; Ord. 14-015 § 2, 2014].

11.98.055 Exemptions.
(a) The city manager or designee may exempt a person from the requirements of this chapter for a period not to exceed 12 months per request upon a showing, in writing, that this chapter creates an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. (b) The city manager shall confirm the decision to grant or deny each exemption in writing; the city manager decision shall be final.
(c) There shall be no exemptions to allow for the use of recyclable, biodegradable, or polystyrene foam disposable food service ware. [Ord. 19-016 § 2, 2019].

Chapter 11.99FOOD PACKAGING
(Repealed by Ord. 19-016)
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Agenda No. 15 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Brian Pierik, City Attorney
MEETING DATE: October 19, 2022
SUBJECT: 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)
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive update.

Attachments
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Pacific Grove City CouncilOctober 19, 2022

Pacific Grove City Council
October 19, 2022