Pacific Grove City Council
December 7, 2022

CITY COUNCIL

REGULAR MEETING AGENDA
Wednesday, December 7, 2022, 6:00 P.M.

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

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

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

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

THE VIRTUAL MEETING IS COMPLIANT WITH THE GOVERNOR’S EXECUTIVE

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

JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
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To participate telephonically, call any number below:
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Help Line 831-648-3128

MEETING INSTRUCTIONS
The public may also view the meeting on the Peninsula Channel 25.

AGENDA
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AGENDA

CALL TO ORDER
A. Remote Teleconference - AB 361 PG 9
Reference: Sandra Kandell, City Clerk
Recommended Action: Ratify Resolution No. 21-029 Emergency Teleconferencing authorizing remote teleconference meetings of all City legislative bodies for the following 30 days in accord with the Ralph M. Brown Act.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Amelio

1. APPROVAL OF AGENDA

2. CERTIFICATION OF RESULTS / OATHS OF OFFICE / PRESENTATIONS A. Declaring Results of the November 8, 2022 General Election PG 15 Reference: Kerry Lindstrom, Deputy City Clerk
Recommended Action: Approve a resolution declaring the results of the November 8, 2022, General Election.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Oaths of Office for Elected Officials PG 45
Reference: Kerry Lindstrom, Deputy City Clerk
Recommended Action: No Council action is required. Oaths will be administered by the Deputy City Clerk to our elected Mayor and Council Members.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. Certificates of Appreciation PG 50
Reference: Ben Harvey, City Manager
Recommended Action: Outgoing Council Members McAdams and Tomlinson will receive certificates.

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

3. ADDITIONAL COMMENTS / PUBLIC PARTICIPATION / COUNCIL AND PGCC 12-7-22

3. ADDITIONAL COMMENTS / PUBLIC PARTICIPATION / COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only)

4. GENERAL PUBLIC COMMENT
General Public Comment must deal with matters subject to the jurisdiction of the City and the Council that are not on the Regular Agenda. This is the appropriate place to comment as to items on the Consent Agenda, only if you do not wish to have the item pulled for individual consideration by the Council.

Comments from the public will be limited to three minutes and will not receive Council action. Comments regarding items on the Regular Agenda shall be heard prior to Council’s consideration of such items at the time such items are called. Whenever possible, written correspondence should be submitted to the Council in advance of the meeting, to provide adequate time for its consideration.

A. Public Comment
Reference: Sandra Kandell, City Clerk
Recommended Action: Receive public comment, if applicable.

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

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

5. APPROVAL OF CITY COUNCIL MEETING MINUTES
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business A. Minutes of the November 16, 2022 City Council Special and Regular Meetings PG 59 Reference: Sandra Kandell, City Clerk
Recommended Action: Approve minutes.

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

6. RESOLUTIONS
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business A. A Resolution of the City Council of the City of Pacific Grove Supporting the Blue Zones Project Monterey County PG 67
Reference: Chaps Poduri, Council Member
Recommended Action: Adopt a Resolution supporting the Blue Zones Project Monterey County.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines PGCC 12-7-22

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. A Resolution of the City Council of the City of Pacific Grove in Support of Net Energy PG 71 Metering
Reference: Chaps Poduri, Council Member
Recommended Action: Adopt a Resolution in support of Net Energy Metering and transmit copies to Governor Gavin Newsom, State Senator Nancy Skinner, Assemblymember Buffy Wicks, and members of the California Public Utilities Commission Board (CPUC).

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

7. ORDINANCES
Items pulled from this section will be placed under 11. Public Hearings A. Second Reading of an Ordinance to Amend the Salary Schedule (Minimum Wage) PG 77 Reference: Leticia Livian, Human Resources Director
Recommended Action: Hold second reading and adopt an ordinance amending the salary classification schedule, modifying the salary range for Cashier, Intern, Lighthouse Docent Coordinator, Recreation Assistant I, Recreation Assistant II and Recreation Supervisor; and approving the amendment.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Second Reading of an Ordinance Amending the Fiscal Year 2022-23 Operating and Capital Improvement Budget PG 83
Reference: Jennifer Pope, Management Analyst and Tori Hannah, Administrative Services Director/Assistant City Manager
Recommended Action: Hold second reading and adopt an Ordinance Amending the Fiscal Year 2022-23 Operating and Capital Improvement Budget
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

8. REPORTS – INFORMATION ONLY
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business A. Governor Newsom's Executive Order N-16-22 PG 95
Reference: Sandra Kandell, City Clerk/DEI Coordinator
Recommended Action: Receive the DEI November 8, 2022 Agenda Report with Governor Newsom's Executive Order N-16-22 Attachment
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
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B. Monterey-Salinas Transmit Meeting Minutes of October 17, 2022 PG 105 Reference: Joe Amelio, Mayor Pro Tem
Recommended Action: Receive minutes.

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

9. REPORTS – REQUIRING ACTION
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business
A. Ratification of New Local Emergency Actions PG 113
Reference: Ben Harvey, City Manager
Recommended Action: Receive report of emergency directives/modifications.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Proposed Schedule of City Council Meetings for 2023 and 2024 PG 115 Reference: Sandra Kandell, City Clerk
Recommended Action: Adopt the proposed schedule of City Council Meetings for 2023 and 2024.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. Pacific Grove Museum of Natural History Roof Repair Project PG 119 Reference: Joyce Halabi, Deputy Public Works Director
Recommended Action: Authorize an agreement with Scudder Roofing for the Pacific Grove Museum of Natural History Roof Repair Project in an amount not to exceed $49,285 plus a 20% contingency.

CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities D. Appointments to Regional Agencies and Liaisons PG 121 Reference: Bill Peake, Mayor
Recommended Action: Approve appointments to regional boards and endorse liaisons effective immediately.

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

10. MEETING MINUTES OF COMMISSIONS, BOARDS, AND COMMITTEES Items pulled from this section will be placed under 13. New Business A. Beautification and Natural Resources Commission Minutes: August 16, 2022 and PGCC 12-7-22

A. Beautification and Natural Resources Commission Minutes: August 16, 2022 and September 20, 2022 PG 123
Reference: Daniel Gho, Public Works Director / Deputy City Manager Recommended Action: Receive minutes.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Traffic Safety Commission Meeting Minutes: November, 22 2022 PG 133 Reference: Cathy Madalone, Chief of Police
Recommended Action: Receive minutes.

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

REGULAR AGENDA

11. PUBLIC HEARINGS
For public hearings involving a quasi-judicial determination by the Council, the proponent of an item may be given 10 minutes to speak and others in support of the proponent’s position may be given three minutes each.

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

12. UNFINISHED AND ONGOING BUSINESS

13. NEW BUSINESS
A. Mayor Pro Tempore 151
Reference: Bill Peake, Mayor
Recommended Action: Select a Mayor Pro Tempore in accordance with the Charter through nominations from City Council.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Mayor Pro Tempore Role and Appointment PG 153
Reference: Luke Coletti, Councilmember
Recommended Action: Direct the City Attorney to return with a draft ordinance to amend Chapter 2.05 of the Pacific Grove Municipal Code codifying the role and appointment of the Mayor pro tempore.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
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C. Presentation of the Council Goals and Tactics Section of the City's New Transparency Software PG 159
Reference: Tori Hannah, Administrative Services Director / Assistant City Manager Recommended Action: Receive the presentation.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
D. Council Goals 2023-2024 PG 161
Reference: Bill Peake, Mayor
Recommended Action: Appoint members to 2 subcommittees to draft Council goals for 2023-2024.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
E. Small Business Recovery Action Plan PG 163
Reference: Ben Harvey, City Manager
Recommended Action: Receive the report, and provide the Economic Development Commission with feedback regarding the report's recommendations.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
F. Cannabis Retail License PG 193
Reference: Bill Peake, Mayor
Recommended Action: Direct the City Manager and City Attorney to create a cannabis license program to authorize one cannabis retail license under the following conditions:

Location may be determined following award of license and subject to restrictions described in Nov. 8 general election Measure M.

1. 2. Objective license conditions.

3. License awarded by random draw.

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

14. FULL PRESENTATIONS

15. CLOSED SESSION
A. Public Employment, (Government Code § 54957)
Title: City Manager Performance Evaluation
Reference: Bill Peake, Mayor
Recommended Action: Receive report and report out, if any, during regular meeting.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines PGCC 12-7-22

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

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

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Agenda No. A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Sandra Kandell, City Clerk
MEETING DATE: December 7, 2022
SUBJECT: Remote Teleconference - AB 361 Action required by 11/2/2022 CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Ratify Resolution No. 21-029 Emergency Teleconferencing authorizing remote teleconference meetings of all City legislative bodies for the following 30 days in accord with the Ralph M. Brown Act.

DISCUSSION
Governor Newsom signed AB 361 into law on September 16, 2021 to become effective on October 1, 2021. AB 361 extends the provisions of the Governor’s Executive Order N-29-20 and Executive Order N-35-20 and is effective until January 1, 2024. AB 361 amends sections of the Brown Act to allow legislative bodies to continue to hold teleconference meetings during a state of emergency if the legislative body finds that as a result of the proclaimed state of emergency, meeting in person would present imminent risks to the health or safety of attendees.

Assembly Bill 361 requires the City within 30 days of holding a virtual meeting for the first time, and every 30 days thereafter, to make findings ratifying the state of emergency.

The exact language of the Bill is as follows:

If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.

At its October 6, 2021 meeting, Council approved Resolution No. 21-029 Proclaiming a Local Emergency, Ratifying the State of Emergency Proclaimed on March 4, 2020, and Authorizing Remote PGCC 12-7-22

Teleconference Meetings of All City Legislative Bodies for the Following 30 days in Accord wth the Ralph M. Brown Act. Resolution No. 21-029 has effect for only 30 days. The Council has ratified that resolution each month since and must now renew the effect of the resolution by ratifying it again or adopting another.

This item will be added to the Council's first meeting of the month as the first item of business.

OPTIONS
Take no action and resume in person meetings.

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
Reso 21-029
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Agenda No. 2 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Kerry Lindstrom, Deputy City Clerk
MEETING DATE: December 7, 2022
SUBJECT: Declaring Results of the November 8, 2022 General Election CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Approve a resolution declaring the results of the November 8, 2022, General Election.

DISCUSSION
City Charter Article 9 requires that the results of Municipal Elections be declared by action of the Council at its first public meeting after certification of the election results. California Elections Code §10263 also requires that the Council declare elected the persons for whom the highest number of votes were cast for each office.

Council's adoption of the attached resolution will accomplish this declaration for the Mayoral race, the three Council seats, and the measures approved and disapproved by the voters of the City of Pacific Grove. The Council’s declaration follows the receipt of the Statement of Votes Cast, produced by the Monterey County Elections Department and hereby attached to the resolution.

OPTIONS
N/A
FINANCIAL IMPACT:

While the City Council makes policy that can have a financial impact, the recommendation does not have an immediate fiscal effect.

GOAL ALIGNMENT: Not Applicable.

Attachments
Proposed Reso
Clerk Certificates
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1 RESOLUTION NO. 22-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE

DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF PACIFIC GROVE ON TUESDAY, NOVEMBER 8, 2022 WHEREAS, on July 6, 2022, the City Council adopted Resolution No. 22-033 duly for the election of a Mayor for the full term of two years, three council members for the full term of four years; and
WHEREAS, on July 20, 2022, the City Council adopted Resolution No. 20-037 duly for the submission to the electors an advisory measure to amend the City’s Municipal Code to allow sale of cannabis products and cannabis businesses to operate within the City of Pacific Grove; and
WHEREAS, on July 20, 2022, the City Council adopted Resolution No. 22-038 duly for the submission to the electors a measure adding Chapter 7.14 to the Pacific Grove Municipal Code providing for an excise tax on defined cannabis businesses, and WHEREAS, on July 27, 2022, the City Council adopted Resolution No. 22-039 duly for the submission to the electors a measure to amend the Charter of the City of Pacific Grove to reduce the number of City Councilmembers and other articles of the charter to be consistent with the reduced size of the City Council; and
WHEREAS, the candidacies for these respective offices, and the measures were submitted to the qualified electors of the City for the November 8, 2022 general municipal election; and
WHEREAS, the returns from all of the consolidated election precincts regularly established for holding said election have been duly received by this Council in the form of a document entitled “Certification of Statement of Votes Cast at the Municipal Election Held Throughout the County of Monterey, November 8, 2022,” attached hereto, marked Exhibit A, and incorporated herein by this reference; and
WHEREAS, this Council, pursuant to law and the City Charter has met on this 7th day of December, 2022, to canvass the returns and to declare the results of the election; and WHEREAS, this Council then and there, in public, proceeded to and did canvass the returns of the election, according to law and the City Charter; and WHEREAS, it appearing to this Council that all vote by mail ballots have been received and returned and accounted for, and the Council, as the canvassing board of the City, having canvassed the returns from all voting precincts, including the vote by mail ballots, has determined the results of the general municipal election; PGCC 12-7-22

2 WHEREAS, this action does not constitute a “Project” under California Environmental Quality Act (CEQA) Guidelines Section 15378.

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

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

SECTION 2. The City Clerk hereby is authorized and directed to enter upon the records of this Council a statement of the results of the November 8, 2022 general municipal election, which are hereby declared to be as follows: the total number of votes cast at the general municipal election in each of said voting precincts, and in all of said City; the total number of vote by mail ballots cast at the election; the total number of votes cast at the election; the names of the persons voted for; the offices to fill for which each person was voted; and the passing by majority vote by the people of the City of Pacific Grove for Measure M Cannabis Business Advisory Measure, and Measure N Cannabis Business Tax; as is set forth in Exhibit A.

SECTION 3. Bill Peake, a duly qualified person, having received the highest number of votes cast at said election for Mayor, is hereby declared elected Mayor of the City of Pacific Grove for the full term of two years.

SECTION 4. Joe Amelio, Debby Beck, and Lori McDonnell duly qualified persons, having received the highest numbers of votes cast at said election for three full, four-year Council terms, are hereby declared elected Council Members of the City of Pacific Grove.

SECTION 5. Measure M Cannabis Business Advisory Measure is hereby approved by a majority vote by the people of the City of Pacific Grove.

SECTON 6. Measure N Cannabis Business Tax is hereby approved by a majority vote by the people of the City of Pacific Grove.

SECTION 7. Measure O is hereby disapproved for lack of majority vote by the people of the City of Pacific Grove.

SECTION 8. This resolution shall take effect immediately following passage and adoption.

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

AYES:

NOES:

ABSENT:

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3 APPROVED:

____________________________
BILL PEAKE, Mayor
ATTEST:

DATED:_____________________________
_____________________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
______________________________
BRIAN A. PIERIK, City Attorney
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4 ATTACHMENT A
(CERTIFICATION)
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CERTIFICATE OF ELECTION
I, Kerry Lindstrom, Deputy City Clerk of the City of Pacific Grove, State of California, certify that, on December 7, 2022, Pacific Grove City Council accepted the Monterey County Registrar of Voters’ certification of the November 8, 2022 election and declared the election of the following candidate to office for a two-year term:

Bill Peake
City of Pacific Grove
Mayor
To which certification I affix my hand and official seal thereto on this 7th day of December 2022.
__________________________________
Kerry Lindstrom
Pacific Grove Deputy City Clerk
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CERTIFICATE OF ELECTION
I, Kerry Lindstrom, Deputy City Clerk of the City of Pacific Grove, State of California, certify that, on December 7, 2022, Pacific Grove City Council accepted the Monterey County Registrar of Voters’ certification of the November 8, 2022 election and declared the election of the following candidate to office for a four-year term:

Joe Amelio
City of Pacific Grove
Councilmember
To which certification I affix my hand and official seal thereto on this 7 th day of
December 2022.
__________________________________
Kerry Lindstrom
Pacific Grove Deputy City Clerk
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CERTIFICATE OF ELECTION
I, Kerry Lindstrom, Deputy City Clerk of the City of Pacific Grove, State of California, certify that, on December 7, 2022, Pacific Grove City Council accepted the Monterey County Registrar of Voters’ certification of the November 8, 2022 election and declared the election of the following candidate to office for a four-year term:

Debby Beck
City of Pacific Grove
Councilmember
To which certification I affix my hand and official seal thereto on this 7 th day of
December 2022.
__________________________________
Kerry Lindstrom
Pacific Grove Deputy City Clerk
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CERTIFICATE OF ELECTION
I, Kerry Lindstrom, Deputy City Clerk of the City of Pacific Grove, State of California, certify that, on December 7, 2022, Pacific Grove City Council accepted the Monterey County Registrar of Voters’ certification of the November 8, 2022 election and declared the election of the following candidate to office for a four-year term:

Lori McDonnell
City of Pacific Grove
Councilmember
To which certification I affix my hand and official seal thereto on this 7 th day of
December 2022.
__________________________________
Kerry Lindstrom,
Pacific Grove Deputy City Clerk
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Agenda No. 2 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Kerry Lindstrom, Deputy City Clerk
MEETING DATE: December 7, 2022
SUBJECT: Oaths of Office for Elected Officials
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
No Council action is required. Oaths will be administered by the Deputy City Clerk to our elected Mayor and Council Members.

DISCUSSION
Article 10 of the City Charter requires every officer take and subscribe to the Oath of Office as provided in the Constitution of the State before entering upon the performance of official duties.

Elected Mayor Peake and elected Councilmembers Amelio, Beck, and McDonnell will be asked to orally swear (or affirm) the following oath:
“I solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic, that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California, that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter."

OPTIONS
N/A
FINANCIAL IMPACT:

While the City Council makes policy that can have a financial impact, the recommendation does not have an immediate fiscal effect.

GOAL ALIGNMENT: Not Applicable.

Attachments
Oaths
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OATH OF OFFICE
For Public Officers and Employees
(State Constitution, Art. XX, Sec. 3 as amended)

STATE OF CALIFORNIA )
)

COUNTY OF MONTEREY )
I, Bill Peake, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic, that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California, and I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. _____________________________________
Signature
Subscribed and Sworn to before me this 7
th day of December 2022.
______________________________
Kerry Lindstrom, Deputy City Clerk
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OATH OF OFFICE
For Public Officers and Employees
(State Constitution, Art. XX, Sec. 3 as amended)

STATE OF CALIFORNIA )
)

COUNTY OF MONTEREY )
I, Joe Amelio, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic, that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California, and I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. _____________________________________
Signature
Subscribed and Sworn to before me this 7
th day of December 2022.
______________________________
Kerry Lindstrom, City Clerk
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OATH OF OFFICE
For Public Officers and Employees
(State Constitution, Art. XX, Sec. 3 as amended)

STATE OF CALIFORNIA )
)

COUNTY OF MONTEREY )
I, Debby Beck, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic, that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California, and I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. _____________________________________
Signature
Subscribed and Sworn to before me this 7
th day of December 2022.
______________________________
Kerry Lindstrom, Deputy City Clerk
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OATH OF OFFICE
For Public Officers and Employees
(State Constitution, Art. XX, Sec. 3 as amended)

STATE OF CALIFORNIA )
)

COUNTY OF MONTEREY )
I, Lori McDonnell, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic, that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California, and I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. _____________________________________
Signature
Subscribed and Sworn to before me this 7
th of December 2022.
______________________________
Kerry Lindstrom, City Clerk
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Agenda No. 2 C

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Ben Harvey, City Manager
MEETING DATE: December 7, 2022
SUBJECT: Certificates of Appreciation
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Outgoing Council Members McAdams and Tomlinson will receive certificates.

Attachments
City Certificates
Adams Certificates
Panetta Certificates
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Agenda No. 4 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Sandra Kandell, City Clerk/DEI Coordinator
MEETING DATE: December 7, 2022
SUBJECT: Public Comment
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive public comment, if applicable.

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Agenda No. 5 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Sandra Kandell, City Clerk/DEI Coordinator
MEETING DATE: December 7, 2022
SUBJECT: Minutes of the November 16, 2022 City Council Special and Regular Meetings CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Approve minutes.

Attachments
Draft Minutes
PGCC 12-7-22

1 DRAFT MEETING MINUTES

CITY OF PACIFIC GROVE

CITY COUNCIL

CLOSED SESSION MEETING
Wednesday, November 16, 2022, 4:30 P.M.

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

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

THE VIRTUAL MEETING IS COMPLIANT WITH THE GOVERNOR’S EXECUTIVE

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

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

CALL TO ORDER
Mayor Peake called the meeting to order at 4:30 p.m. City Clerk Kandell conducted roll call with the following Council present in Chamber: Mayor Peake, Councilmembers, Coletti, Poduri, and Smith.

Absent: Mayor Pro Tem Amelio, Councilmembers McAdams and Tomlinson. Mayor Pro Tem Amelio arrived at the meeting at approximately 4:33 p.m.

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

Motion carried 5-0-2, by the following roll call vote:

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

NOES: None.

ABSENT: Councilmembers McAdams and Tomlinson.

CLOSED SESSION

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

A. Public Employment, (Government Code § 54957)
Title: City Manager Performance Evaluation
Action: Received report and will report out, if any, during regular meeting.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
DRAFT PGCC 12-7-22

2 DRAFT MEETING MINUTES

CITY OF PACIFIC GROVE

CITY COUNCIL

REGULAR MEETING
Wednesday, November 16, 2022, 6:00 P.M.

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

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

THE VIRTUAL MEETING IS COMPLIANT WITH THE GOVERNOR’S

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

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

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

PLEDGE OF ALLEGIANCE:

Mayor Peake led the pledge of allegiance.

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

Motion carried 5-0-2, by the following roll call vote:

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

NOES: None.

ABSENT: Councilmembers McAdams and Tomlinson.

2. PRESENTATIONS
A. PickPG.org Economic Development Website - AN EDC and Pacific Grove Chamber of Commerce Collaboration

3. COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only) A. Report on Closed Session by City Attorney
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3 Public Employment, (Government Code § 54957)
Title: City Manager Performance Evaluation
City Attorney Brian Pierik had nothing to report.

B. Council and staff made general announcements.

4. GENERAL PUBLIC COMMENT
Public comment was received from Mike Gibbs, Vince Tuminello, Inge Lorentzen Daumer, Kim Akeman, Darla Vining and Richard McCapp.

A. General Public Comment Emails
Action: Council received general public comment emails, if applicable.

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

CONSENT AGENDA
Action: Consent Agenda item 8F was moved and heard as Regular Agenda item 12B.

Consent Agenda item 8A was moved and heard as Regular Agenda item 12C.

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

Motion carried 5-0-2, by the following roll call vote:

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

NOES: None.

ABSENT: Councilmembers McAdams and Tomlinson.

5. APPROVAL OF CITY COUNCIL MEETING MINUTES
A. Minutes of the November 2, 2022 City Council Special and Regular Meetings Action: Approved minutes.

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

6. RESOLUTIONS

7. ORDINANCES
A. Second Reading of an Ordinance Amending PGMC Sections 18.04.010 and

18.32.010 Regarding the 2022 Edition of the California Building Standards Action required by November 16, 2022.

Action: Held second reading and adopted Ordinance No. 22-019 adopting the 2022 Edition of the California Building Standards Codes, with amendments.

CEQA: Categorical Exemption, CEQA Guidelines Section 15061(b)(3)

8. REPORTS – INFORMATION ONLY
A. Check register report - October 2022 This item was pulled and considered as Regular DRAFT PGCC 12-7-22

4 Agenda item 12C.

Reference: Audrey Cray, Finance and Risk Manager
Recommended Action: Receive the report.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Core Revenue Report for October 2022
Action: Received the Core Revenue Report for October 2022.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. First Quarter Purchase Order Report
Action: Received the First Quarter Purchase Order Report.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
D. First Quarter Capital Project Budget Report
Action: Received the report.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
E. First Quarter Budget Report
Action: Received the report.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
F. First Quarter 22/23 Workers' Compensation Report This item was pulled and considered as Regular Agenda item 12B.

Reference: Audrey Cray, Finance and Risk Manager.

Action: Received the report.

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

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

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

10. MEETING MINUTES OF COMMISSIONS, BOARDS, AND COMMITTEES A. Diversity, Equity, and Inclusion Task Force Minutes: October 10, 2022 Action: Received minutes.

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

11. PUBLIC HEARINGS
A. Ordinance to Amend the Salary Schedule (Minimum Wage) No public comment was received.

Action: Upon motion by Councilmember Smith and seconded by Mayor Pro Tem Amelio, Council voted to

1. Request the City Attorney read the title of the ordinance;

2. Motion to waive further reading of the ordinance;

3. Introduce and hold first reading of an ordinance to amend the salary classification schedule modifying salary ranges for Cashier, Intern, Lighthouse Docent Coordinator, Recreation Assistant I, Recreation Assistant II and Recreation Supervisor; striking language on the ordinance title that follows “…Minimum Wage;” and

4. Direct a summary of a proposed ordinance be published as approved by the City Attorney.

Motion carried 5-0-2, by the following roll call vote:

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

NOES: None.

ABSENT: Councilmembers McAdams and Tomlinson.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Ordinance to Approve an Amendment to the Fiscal Year 2022-23 Operating and Capital Improvement Budget
No public comment was received.

Action: Upon motion by Councilmember Smith and seconded by Mayor Peake, Council voted to

1. Approve an amendment to the Fiscal Year 22/23 Operating and Capital Improvement Budget; and

2. Request the City Attorney read the title of the ordinance; Motion carried 5-0-2, by the following roll call vote:

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

NOES: None.

ABSENT: Councilmembers McAdams and Tomlinson.

Action: Upon motion by Councilmember Smith and seconded by Mayor Peake, Council voted to

3. Motion to waive further reading of the ordinance;

4. Introduce and hold first reading of an ordinance amending the FY22/23 Budget; and DRAFT PGCC 12-7-22

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

Motion carried 5-0-2, by the following roll call vote:

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

NOES: None.

ABSENT: Councilmembers McAdams and Tomlinson.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. Permanent Local Housing Allocation (PLHA)
Public comment was received from Daniel Miller.

Action: Upon motion by Councilmember Smith and seconded by Mayor Pro Tem Amelio, Council voted to approve Resolution No. 22-051 authorizing an application to the State Housing and Community Development (HCD) for Permanent Local Housing Allocation grant funds and approve the amendment to the 5-year plan.

Motion carried 5-0-2, by the following roll call vote:

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

NOES: None.

ABSENT: Councilmembers McAdams and Tomlinson.

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

12. UNFINISHED AND ONGOING BUSINESS
A. Receive the Fourth Quarter Budget Report and a Preliminary Fiscal Year 21/22 Financial Update
No public comment was received.

Action: Council received the report.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. First Quarter 22/23 Workers' Compensation Report This item was pulled from the Consent Agenda.

No public comment was received.

Action: Council received the report.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
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7 C. Check register report - October 2022 This item was pulled from the Consent Agenda.

No public comment was received.

Action: Council received the report.

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

13. NEW BUSINESS
A. General Plan Update RFP Evaluation Committee Appointments No public comment was received.

Action: Councilmember Coletti and Mayor Pro Tem Amelio volunteered for the General Plan Update RFP Evaluation Committee.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. 2022 Community Survey Results
Public comment was received from Andrew Kubica, Lisa Ciani, and Inge Lorentzen Daumer.

Action: Council received the 2022 Community Survey Results Report.

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

14. FULL PRESENTATIONS

15. CLOSED SESSION

ADJOURNMENT
Council adjourned the regular meeting at 8:16 p.m.

Respectfully Submitted,
Sandra Kandell
City Clerk
Approved by Mayor: _______________________________Date________________ Attest by City Manager: ____________________________Date_________________ DRAFT PGCC 12-7-22

Agenda No. 6 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Chaps Poduri, Council Member
MEETING DATE: December 7, 2022
SUBJECT: A Resolution of the City Council of the City of Pacific Grove Supporting the Blue Zones Project Monterey County
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Adopt a Resolution supporting the Blue Zones Project Monterey County.

DISCUSSION
At the August 17, 2022 Regular City Council meeting, a presentation was received regarding the Blues Zones Project Monterey County. Blue Zones Project encourages community changes that lead to healthier options. Worksites, schools, restaurants and grocery store participation can lead to small changes that may contribute to huge benefits, including lowered healthcare costs, improved productivity, and ultimately, a higher quality of life. Adopting a resolution supporting Blue Zones Project Monterey County creates a partnership between the City of Pacific Grove and Blue Zones Monterey County, and will allow for program implementation within the community.

OPTIONS

1. Take no action.

2. Provide alternate direction.

FINANCIAL IMPACT:

There is no financial impact in adopting a resolution.

GOAL ALIGNMENT: Not Applicable.

Attachments
Blue Zones Resolution
PGCC 12-7-22

RESOLUTION NO. 22-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC

GROVE SUPPORTING THE BLUE ZONES PROJECT MONTEREY COUNTY WHEREAS, The Blue Zones project is the outcome of a study and New York Times bestseller by National Geographic Fellow Dan Buettner of locations in the world with the highest life longevity, referred to as “Blue Zones.”; and WHEREAS, the study identified common characteristics of those areas and attempts to replicate them in other communities around the country to create new Blue Zones; and
WHEREAS, Blue Zones are communities that have been identified as having populations that live measurably longer, happier lives with lower rates of chronic diseases and a higher quality of life than the average; and
WHEREAS, the Blue Zones Project began as and has evolved into a global movement that is now inspiring Monterey County to make changes so residents live longer, healthier and happier lives; and
WHEREAS, the Blue Zones Project seeks to improve the well-being of communities by applying best practices to make the healthy choice the easy choice through built environment, food, and tobacco policy change; environmental changes within worksites, schools, restaurants, grocery stores, and faith/civic organizations; and engagement activities that promote social support for healthy behaviors, volunteering, and purpose; and
WHEREAS, the City of Pacific Grove has been chosen for the Blue Zone Project Monterey County; and
WHEREAS, health and happiness is a primary factor in improving quality of life, which is the focus of the City’s efforts to better serve and improve the community, and WHEREAS, the City of Pacific Grove has committed to supporting Centers for Disease Control and Prevention’s Active People Healthy Nation SM initiatives, and WHEREAS, the City of Pacific Grove recognizes that through a partnership with Blue Zones Monterey County, the City can support its residents even more to make healthier choices and strive towards achieving Blue Zones Community certification.

NOW, THEREFORE, BE IT RESOLVED that the City of Pacific Grove proudly supports the Blue Zones Project Monterey County, expresses its commitment to implementation of the program in Pacific Grove, and urges all businesses, organizations, and residents to participate in order to help everyone in the community to live a longer, healthier and happier life.

PGCC 12-7-22

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

AYES:

NOES:

ABSENT:

APPROVED:
_______________________________
BILL PEAKE, Mayor
ATTEST:

DATED:______________________________
_______________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_______________________________
BRIAN PIERIK, City Attorney
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Agenda No. 6 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Chaps Poduri, Council Member
MEETING DATE: December 7, 2022
SUBJECT: A Resolution of the City Council of the City of Pacific Grove in Support of Net Energy Metering CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Adopt a Resolution in support of Net Energy Metering and transmit copies to Governor Gavin Newsom, State Senator Nancy Skinner, Assemblymember Buffy Wicks, and members of the California Public Utilities Commission Board (CPUC).

DISCUSSION
Customers who install small solar, wind, biogas, and fuel cell generation facilities to serve all or a portion of onsite electricity needs are eligible for the state's Net Energy Metering (NEM) program. NEM allows customers who generate their own energy to serve their energy needs directly onsite and to receive a financial credit on their electric bills for any surplus energy fed back to their utility. The current NEM program was adopted by the California Public Utilities Commission (CPUC) in Decision 16-01-044 on January 28, 2016. The program provides customer-generators rate credits for energy exported to the grid and requires them to pay charges that align NEM customer costs more closely with non-NEM customer costs. NEM is designed to support the installation of customer-sited renewable energy generation.

In 2020 the CPUC launched a formal proceeding to update the current NEM structure. The new rulemaking is referred to as NEM 3.0 because this is the third iteration of the NEM program. Over 17 proposals were submitted to the CPUC for consideration, including joint proposal from the state’s big three investor-owned utilities (IOUs), Pacific Gas & Electric, Southern California Edison and San Diego Gas & Electric.

Opponents of the big three IOUs’ joint proposal claim that it would hinder the state’s highly successful rooftop solar market which is a key strategy in the state reaching its lofty clean energy and environmental goals.

On November 10, 2022, the CPUC released the latest NEM 3.0 Proposed Decision (PD) (1). While, unlike a previous iteration of the proposal, this PD does not propose a tax solar and solar-plus-storage consumer that intend to use NEM, the following aspects of the PD are still too extreme:

Most residential NEM solar consumers after April 2023 will see an average 75% reduction in the credit they receive for sharing their extra energy with the grid – from an average of $.30/kilowatt-hours (kWh) to about $.08/kWh.

Churches, schools, or businesses who go solar after April 2023 will see an even bigger reduction in the solar credit (2).

As such, this PD – while an improvement over its predecessor issued in December 2021(3) - is problematic. The succeeding NEM tariff should be protecting and expanding rooftop solar, and expanding clean energy access by making it easier, not harder, for people to adopt rooftop solar and energy storage in order to meet California's ambitious clean energy targets. Solar should be deployed in all communities and households, particularly those struggling to pay for electricity.

In addition to the above, the CPUC should be urged to:

Strengthen NEM to expand access to all households, particularly of low-and-moderate income; Expand access to other clean energy technologies that pair with solar, such as batteries; Ensure that the solar installations continue to grow in order to meet State and City climate goals; and Exclude provisions set forth in the IOU Proposal such has high monthly fixed fees and reducing or eliminating credits for sharing electricity with the power grid.

A consensus has emerged among stakeholders that a fair and effective rooftop solar policy must share its benefits with low-income and disadvantaged communities that have previously been left out. As such, the latest PD is still too extreme, particularly through its proposal to dramatically slash net energy compensation over a period of just six months from its issuance – the steepest such cut proposed at any time, anywhere in the nation.

1. https://docs.cpuc.ca.gov/PublishedDocs/Efile/G000/M498/K526/498526033.PDF

2. https://solarrights.org/update-state-officials-release-new-rooftop-solar-proposal/

3. https://www.cpuc.ca.gov/-/media/cpuc-website/divisions/energy-division/documents/net-energy-metering-nem/nemrevisit/430903088.pdf

OPTIONS

1. Take no action.

2. Provide alternate direction.

FINANCIAL IMPACT:

There is no financial impact in adopting a resolution.

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

PGCC 12-7-22

Attachments
NEM Reso
PGCC 12-7-22

RESOLUTION NO. 22-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE IN

SUPPORT OF NET ENERGY METERING
WHEREAS, Net Energy Metering (NEM) is designed to support the installation of customer-sited renewable energy generation; and
WHEREAS, NEM allows customers to receive bill credits for power generated by their solar system and shared with the power grid and ultimately save money on their utility bills; and WHEREAS, NEM is what has allowed solar to become increasingly accessible to low and moderate income households; and
WHEREAS, in 2020 the California Public Utilities Commission (CPUC) launched a formal proceeding to update the current NEM structure as NEM 3.0 and a number of parties have submitted their proposal for what they believe NEM 3.0 should look like; and WHEREAS, the California Investor-Owned Utilities (IOUs), Pacific Gas and Electric, San Diego Gas & Electric and Southern California Edison, have submitted a joint proposal (the “IOU Proposal”) that calls for drastic changes to NEM that would make customer-sited renewable energy more expensive, increase the amount of time it takes for customers to pay off their systems, and ground to a halt the installation of distributed solar in California; and WHEREAS, the IOU Proposal would make it impossible for customer-sited renewables to continue to grow sustainably as mandated by law as a result of high monthly fixed fees for all solar installations, and slashing credits customers receive for sharing their excess electricity with the power grid; and
WHEREAS, proposals submitted to the CPUC by Protect Our Communities Foundation, California Solar & Storage Association, Vote Solar, GRID Alternatives, Solar Energy Industries Association, and others not only would encourage new solar adoption but also include additional subsidies for low-income customers; and
WHEREAS, On November 10, 2022, the CPUC released the latest NEM 3.0 proposed decision which includes the following features:
• Most residential NEM solar consumers after April 2023 will see an average 75% reduction in credit that they receive for sharing their extra energy with the grid – from an average of $.30/kilowatt-hours (kWh) to about $.08/kWh. • Churches, schools, or businesses who go solar after April 2023 will see an even bigger reduction in the solar credit.

PGCC 12-7-22

WHEREAS, California cannot meet its clean energy targets in time with utility scale solar alone and needs to triple the amount of rooftop solar, as reported by the California Energy Commission 2021 SB 100 Joint Agency Report Summary; and
WHEREAS, protecting rooftop solar and expanding access to rooftop solar in communities of concern will help California as well as our own city to move toward 100 percent clean energy, lessen the impacts of the climate crisis, and reduce climate injustices from dirty energy; and WHEREAS, we are in a climate crisis and need to make the transition to clean energy more accessible.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Pacific Grove that it supports protecting and expanding rooftop solar via a strong succeeding NEM tariff and expanding clean energy access by making it easier, not harder, for people to adopt rooftop solar and energy storage in order to meet California's ambitious clean energy targets and deploy solar in all communities and households, particularly those struggling to pay for electricity; BE IT FURTHER RESOLVED that the Pacific Grove City Council declares that the NEM 3.0 proposed decision issued by the CPUC on November 10, 2022, while an improvement over its predecessor, is still too extreme;
BE IT FURTHER RESOLVED that the Pacific Grove City Council urges the CPUC to • strengthen NEM to expand access to all households, particularly of low-and-moderate income; • expand access to other clean energy technologies that pair with solar, such as batteries; • ensure that the solar installations continue to grow in order to meet State and City climate goals; and
• continue to exclude provisions set forth in the IOU Proposal such as high monthly fixed fees; and
• reverse the proposed dramatic slashing of credits for sharing electricity with the power grid.

BE IT FURTHER RESOLVED that that copies of this Resolution shall be sent to Governor Gavin Newsom, State Senator Nancy Skinner, Assemblymember Buffy Wicks, and members of the California Public Utilities Commission Board.

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

AYES:

NOES:

ABSENT:

APPROVED:
_______________________________
BILL PEAKE, Mayor
ATTEST:

DATED:______________________________
_______________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_______________________________
BRIAN PIERIK, City Attorney
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Agenda No. 7 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Leticia Livian, Human Resources Director
MEETING DATE: December 7, 2022
SUBJECT: Second Reading of an Ordinance to Amend the Salary Schedule (Minimum Wage) CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Hold second reading and adopt an ordinance amending the salary classification schedule, modifying the salary range for Cashier, Intern, Lighthouse Docent Coordinator, Recreation Assistant I, Recreation Assistant II and Recreation Supervisor; and approving the amendment.

DISCUSSION
There have been no changes since the first reading on November 16, 2022. The City Clerk caused a summary of the ordinance to be published on November 24, 2022.

The City salary classification schedule identifies the job classifications approved by Council (e.g., Office Assistant) and the hourly rates of pay for each classification at each step authorized by the Personnel Rules. Pursuant to Charter Article 25 and Pacific Grove Municipal Code (PGMC) Section

4.20.280, approval and amendment to the classification schedule must be adopted by the Council.

Increase to State Minimum Wage
Staff is proposing changes to the salary schedule to comply with an increase to California State Minimum Wage. The Director of the Department of Finance certified that based on the annual inflation rate from 7/1/21-6/30/22, under Labor Code section 1182.12(c)(3)(A), the state hourly minimum wage must be increased, effective January 1, 2023, from $15.00 to $15.50 an hour (regardless of the number of workers employed by an employer).

The salary ranges in the following classifications need to be adjusted to meet the State’s minimum wage requirements:

Cashier
Intern
Lighthouse Docent Coordinator
Recreation Assistant I
The recommended approach is to increase the range of the entire classifications, which preserves the City’s ability to hire personnel in the future at the lowest step, while complying with the new minimum wage law.

PGCC 12-7-22

Additionally, to avoid salary compaction issues within the effected classification series, Recreation Assistant I, Recreation Assistant II and Recreation Supervisor, it is also recommended that Recreation Assistant II and Recreation Program Supervisor salary ranges be adjusted accordingly. Salary compaction is the situation that occurs when there is only a small difference in pay between classifications regardless of their skills, experience and responsibilities levels.

Current Salary Ranges:

Classifications Step 1A Step 2B Step 3C Step 4D Step 5E Cashier 15.45 16.22 17.03 17.89 18.78
Intern 15.45 16.22 17.03 17.89 18.78
Lighthouse Docent
Coordinator 15.45 16.22 17.03 17.89 18.78
Recreation Assistant I 15.45 16.22 17.03 17.89 18.78
Recreation Assistant II 16.82 17.66 18.54 19.47 20.45
Recreation Program
Supervisor 22.08 23.19 24.35 25.56 26.84
Proposed New Salary Ranges:

Classifications Step 1A Step 2B Step 3C Step
4D Step 5E
Cashier 15.50 16.28 17.09 17.94 18.84
Intern 15.50 16.28 17.09 17.94 18.84
Lighthouse Docent
Coordinator 15.50 16.28 17.09 17.94 18.84
Recreation Assistant I 15.50 16.28 17.09 17.94 18.84
Recreation Assistant II 18.17 19.07 20.03 21.03 22.08
Recreation Program
Supervisor 23.85 25.04 26.29 27.61 28.99
The requested change to the salary classification schedule will only impact the classifications listed in this agenda report. All other classification hourly salary ranges will remain the same. To view the entire salary schedule, please refer to the City’s website,
http://www.cityofpacificgrove.org/about-city/human-resources/salaries-benefits-and-mous.

OPTIONS
Provide alternative direction to staff.

FINANCIAL IMPACT:

There is minimal impact to the budget since the lowest hourly rate on the City's salary schedule is $15.45 for positions recommended for a salary change in this report.

GOAL ALIGNMENT: Not Applicable.

PGCC 12-7-22

Attachments
Ordinance
PGCC 12-7-22

ORDINANCE NO. 22-0XX

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE

AMENDING THE SALARY CLASSIFICATION SCHEDULE TO COMPLY

WITH CALIFORNIA MINIMUM WAGE
Findings

1. The State of California has increased minimum wage to $15.50 per hour effective January 1, 2023; and

2. Cashier, Intern, Lighthouse Docent Coordinator, and Recreation Assistant I, falls below the $15.50 per hour minimum requirement at the first step; and

3. Amending the salary schedule will meet the State requirements; and

4. Amending the salary schedule by adjusting the range preserves the City’s full flexibility for future hiring decisions and observes the intent of the state requirements; and

5. Amending the salary schedule for Recreation II and Recreation Program Supervisor in the classification job family avoids salary compaction issues; and

6. Amending the salary schedule will allow for the new salary rates to take effect; and

7. Amendment to the salary schedule classification plan must be adopted by the City Council pursuant to Pacific Grove Municipal Code (PGMC) Section 4.20.280; and

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

Ordinance

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

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

SECTION 2. The position classification plan approved and adopted by the City Council pursuant to PGMC § 4.20.280 is amended for Cashier, Crossing, Intern, Lighthouse Docent Coordinator, Recreation Assistant I, Recreation Assistant II, and Recreation Program Supervisor classifications with the following salary schedule:

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Classifications Step 1A Step 2B Step 3C Step 4C Step 5E Cashier 15.50 16.28 17.09 17.94 18.84
Intern 15.50 16.28 17.09 17.94 18.84
Lighthouse Docent
Coordinator 15.50 16.28 17.09 17.94 18.84
Recreation Assistant I 15.50 16.28 17.09 17.94 18.84
Recreation Assistant II 18.17 19.07 20.03 21.03 22.08
Recreation Program
Supervisor 23.85 25.04 26.29 27.61 28.99
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. Upon approval at second reading, this ordinance shall be given an effective date of 01/01/2023.

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

AYES:

NOES:

ABSENT:

APPROVED:
___________________________
ATTEST:

BILL PEAKE, Mayor
DATED:
__________________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
___________________________________
BRIAN PIERNIK, City Attorney
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Agenda No. 7 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM:

Jennifer Pope, Management Analyst & Tori Hannah, Administrative Services Director/Assistant City Manager
MEETING DATE: December 7, 2022
SUBJECT: Second Reading of an Ordinance Amending the Fiscal Year 2022-23 Operating and Capital Improvement Budget
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Hold second reading and adopt an Ordinance Amending the Fiscal Year 2022-23 Operating and Capital Improvement Budget

DISCUSSION
The first reading of the ordinance took place on November 16, 2022. No substantive changes have been made between the first and second reads. The City Clerk caused a summary of the ordinance to be published on November 24, 2022.

During the first quarter of Fiscal Year 2022-2023, staff identified the following budget adjustments that are recommended to assist with programs, projects, and grant management.

Purchase Order Carry-Forward
Purchase orders were issued in Fiscal Year 2021-2022; however, there were some contract services that were not completed or goods that did not arrive until Fiscal Year 2022-2023. These services were originally budgeted for Fiscal Year 2021-2022, and they were not included in the Fiscal Year 2022-2023 budget. To provide sufficient funds in Fiscal Year 2022-2023, the remaining purchase order funds will need to be brought forward into this fiscal year. A Budget Amendment in the amount of $389,671 is needed to move the funding from Fiscal Year 2021-2022 to Fiscal Year 2022-2023. A list of the purchase orders is included in Attachment 1.

Project Carry-Forward Expenses:

Select projects were budgeted in Fiscal Year 2021-2022; however, they were not completed within the fiscal year. Similar to the purchase order carry-forwards, staff is requesting to amend the budget in the amount of $2,714,359 to move the appropriation for the project balance listed in Attachment 1 from Fiscal Year 2021-2022 to Fiscal Year 2022-2023.

Capital Outlay Carry-Forward
Similar to the projects, Capital Outlay items were budgeted for Fiscal Year 2021-2022; however, PGCC 12-7-22

the purchases were not made within the year. Staff is requesting amending the budget in the amount of $217,546 to move the appropriation for the capital outlay listed in Attachment 1 from Fiscal Year 2021-2022 to Fiscal Year 2022-2023.

Revenues:

The City was planning to receive insurance reimbursements and grant funding for Capital Improvement Projects for Fiscal Year 2021-2022; however, the funds were not received in Fiscal Year 2021-2022. A Budget Amendment in the amount of $1,841,419 is needed to move the funding from Fiscal Year 2021-2022 to Fiscal Year 2022-2023. A list of the project revenues is included in Attachment 1.

Additional Purchases:

The Pacific Grove Museum Roof Repair Project, which is included as a carry forward, is estimated to be an additional $19,142. Staff is requesting that the overage be included in this budget amendment.

During the first quarter of the fiscal year, the City Council entered into two legal agreements, during closed session, that were not included in the FY 22/23 budget. Staff is requesting an additional $100,000 be included via this budget amendment.

On October 5th, the City Council approved the purchase of a new fire engine to replace a fire engine that is over 15 years old and starting to have significant maintenance costs. The new Pierce Enforcer 1500 GPM Pumper will cost the City approximately $882,000. The increase in expenditures is included in this amendment.

During the first quarter of the fiscal year, the City received a donation in the amount of $15,000 from the Laws Family. The donation will be used for new display cases at the Library. The donation, along with the increase in expenses, is included in this amendment.

OPTIONS

1. Take no action.

2. Provide alternate direction to staff.

FINANCIAL IMPACT:

The net impact to the General Fund is approximately $1,281,260; however, $299,612 is funded through the budget amendment to carry-forward funds from the prior fiscal year.

All purchase orders, prior year projects, and capital outlay items will also be funded through amounts allocated in the prior year to support these purchases or services.

GOAL ALIGNMENT: Financial Stability: Develop a strategic plan to better address current and future City expenditure and revenue needs.

Attachments
Budget Amendment Detail
Ordinance
Public Comment
PPP
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FUND PROJECT CODE PROJECT NAME / PURPOSE DIVISION ACCOUNT CARRYFORWARD AMOUNT 01 General Fund Compensation Study for City Classifications 121 5237 9,527 01 General Fund Management Representation for Employee Disciplinary Action Appeal 121 5205 4,122 01 General Fund GASB 75 Actuarial Valuation 131 5202 4,313 01 General Fund GASB 68 Actuarial Information for CalPERS 131 5202 2,000 01 General Fund Consulting and Project Management 131 5201 11,829 01 General Fund 2022 GASB 68 Actuarial Information for Cost-Sharing 131 5201 1,850 01 General Fund Assistance with the Implementation of GASB 87 131 5201 8,000 01 General Fund AUDIT, ACFR, AND GANN Review 131 5201 47,000 01 General Fund Fiscal Transparency Software 131 5201 8,750 01 General Fund GIS Implementation Services 133 5229 23,950 01 General Fund ARCGIS Software 133 5229 17,550
01 General Fund Street Light Replacement 505 5226 8,577 01 General Fund Light Fixtures Downtown 505 5226 6,373
01 General Fund Building Department Services 201 5201 100,000 01 General Fund Document Management System 133 5201 39,000 18 Gas Tax Fund Street Supplies - Paint 508 5331 6,075
43 Supplemental Law Enforcement (SLESF) Training and Go-Live 304 5201 30,760 43 Supplemental Law Enforcement (SLESF) Additional Migration Services 304 5201 38,900 43 Supplemental Law Enforcement (SLESF) Move Reports from Trac-Net 304 5201 6,292 76 Sewer Operations Fund Archeological and Tribal Monitoring 611 5201 14,804 Total Purchase Orders for Carryforward 389,671
08 Museum Improvement Fund CIP22-04 PG Museum Window Replacement & Lead Abatement 412 6021 39,075 08 Museum Improvement Fund CIP22-06 PG Museum Roof Repair 412 6021 40,000 17 Measure X Fund CIP22-01 FY21/22 Street Rehabilitation 515 6041 123,513 17 Measure X Fund CIP22-02 FY21/22 Crack and Slurry Seal 515 6041 91,144 25 Recreation Donation CIP20-14 Heater - Youth Center 422 6051 8,500 41 Yount Income Fund CIP22-09 George Washington Park Mgmt Plan 510 6031 12,929 47 Street Recon (RMRA) CIP22-01 FY21/22 Street Rehabilitation 471 6041 310,428 63 Capital Improvement Fund CIP18-46 Tide Pool & Point Pinos Trail 631 6031 336,245 63 Capital Improvement Fund CIP22-01 FY21/22 Street Rehabilitation 631 6041 5,690 63 Capital Improvement Fund TRC21-02 PW Fire and Reconstruction 631 6021 805,998 76 Sewer Operations Fund CIP20-13 Main Sewer Line Imp (Ocean View w/Phase 4 Urban Diversion) 612 6051 130,020 76 Sewer Operations Fund CIP22-01 FY21/22 Street Rehabilitation 612 6051 363,758 76 Sewer Operations Fund CIP22-03 Phase 9 Sewer Improvements 612 6051 195,106 77 Golf Course Fund CIP22-11 HVAC Replacement Golf Course Clubhouse 622 6021 25,000 84 American Resuce Plan Act (ARPA) CIP22-12 Del Monte Stormwater Improvements 841 132,351 84 American Resuce Plan Act (ARPA) CIP22-17 Caledonia Park Children's Picnic Area 841 6,173 84 American Resuce Plan Act (ARPA) CIP22-21 George Washington Park Playground & ADA Compliant Playground 841 25,000 93 Koo Estate Donation Fund CIP22-10 Lover's Point Pier Repair 931 6031 63,429 Total Projects for Carryforward 2,714,359
Capital Outlay
01 General Fund Teledata Closet - Library Portion1 133 6001 21,721 07 Library Building & Equipment Fund GRT22-01 Global Electric Vehicle 402 6001 96,825 84 American Resuce Plan Act (ARPA) George Washington Park Ball Field Bleachers 841 6001 6,000 84 American Resuce Plan Act (ARPA) George Washington Park Picnic Tables 841 6001 24,000 84 American Resuce Plan Act (ARPA) Arnett Park Picnic Tables 841 6001 14,000 84 American Resuce Plan Act (ARPA) El Marie Dyke & Arnett Park Decomposed Granite 841 6001 5,000 84 American Resuce Plan Act (ARPA) Animal Control Vehicle Replacement 841 6001 50,000 217,546
01 General Fund Street Light Replacement 8,577
01 General Fund Light Fixtures Downtown 6,373
07 Library Building & Equipment Fund GRT22-01 Library Foundation Donation 96,825 18 Gas Tax Fund Street Supplies - Paint 6,075
Revenues
Total Capital Outlay for Carryforward
Expenditures
Purchase Orders
Projects
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FUND PROJECT CODE PROJECT NAME / PURPOSE DIVISION ACCOUNT CARRYFORWARD AMOUNT 63 General Fund - CIP TRC21-02 PW Fire and Reconstruction 815,627 63 General Fund - CIP CIP18-46 Tide Pool & Point Pinos Trail 907,942 Total Revenue for Carry Forward 1,841,419
Additional Appropriations
08 Museum Improvement Fund CIP22-06 PG Museum Roof Repair 412 6021 (19,142) 01 General Fund Legal Services Agreement - Advise Council on CVRA 101 5205 (50,000) 01 General Fund City Attorney Contracted Services 111 5205 (50,000) 01 General Fund Pierce Enforcer 1500 GPM Pumper 705 6001 (881,648) 43 Supplemental Law Enforcement (SLESF) School Resource Officer 86,000 07 Library Building and Equipment Fund Laws Family Donation - Library Display Cases 15,000 07 Library Building and Equipment Fund Laws Family Donation - Library Display Cases 402 6001 (15,000) 63 Capital Improvement Fund Transfer to Koo Estate Fund - Supplemental Funding 631 6031 (1,859) 93 Koo Estate Donation Fund Transfer from the CIP Fund - Supplemental Funding 1,859 (1) Included in the budget but removed last year.

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ORDINANCE NO. 22-XXX

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

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

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

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

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

5. A summary of the Ordinance, approved by the City Attorney, was published on November 24, 2022.

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.

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

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

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

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

Revenues Increase/Decrease
01 General Fund 14,950
07 Library Building and Equipment 111,825
18 Gas Tax Fund 6,075
43 SLESF 86,000
63 Capital Improvement Fund 1,723,570
93 Koo Estate Fund 1,858
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Expenditures Increase/Decrease
01 General Fund 1,296,210
07 Library Building & Equipment 111,825
08 Museum Improvement Fund 98,217
17 Local Streets & Roads 214,656
18 Gas Tax Fund 6,075
25 Recreation Donation Fund 8,500
41 Yount Income Fund 12,929
43 SLESF Fund 75,952
47 Road Maintenance and Rehab (SB1) 310,428
63 General Fund - CIP 1,149,792
76 Sewer Fund 703,688
77 Golf Course Fund 25,000
84 America Rescue Plan Act (ARPA) 262,524
93 Koo Estate 63,429
SECTION 3. The Fiscal Year 22/23 estimated fund balances are based on preliminary information; and adjusted for this amendment, are referenced herein:

Fiscal Year 22/23 Estimated Ending Fund Balance, After Proposed Budget Amendments Unaudited Preliminary
Beginning Fund Balance
FY 22/23
Revenue FY
22/23
Expenditures
FY 22/23
Preliminary Estimated
Ending Fund Balance
FY 22/23
01 General Fund 12,010,279 30,395,069 31,860,948 10,544,400 07 Library Building and Equipment Fund 88,303 170,025 149,825 108,503 08 Museum Improvement Fund 414,069 3,000 213,217 203,852 17 Local Streets and Roads Fund 955,564 774,992 1,110,960 619,596 18 Gas Tax Fund 172,309 447,875 462,614 157,570
25 Recreation Donation Fund 32,512 1,300 8,500 25,312
41 Yount Income Fund 4,875 8,300 11,224 1,951
43 SLESF Fund 115,890 248,000 304,793 59,097
47 Road Maintenance and Rehab (SB1) 476,538 355,638 664,566 167,610 63 Capital Improvement Fund (21,195) 2,875,234 2,550,245 303,794 76 Sewer Fund 21,575,089 4,313,135 4,348,574 21,539,650 77 Golf Course Fund 3,180,321 386,500 332,097 3,234,724 84 American Rescue Plan Act (ARPA) 293,369 1,849,559 2,111,524 31,404 93 Koo Estate Donation Fund 67,670 2,760 70,429 1
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SECTION 4. In accordance with Article 15 of the City Charter, this ordinance shall become effective upon adoption hereof.

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

AYES:

NOES:

ABSENT:

APPROVED:
________________________
BILL PEAKE, Mayor
ATTEST:
_________________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_________________________________
BRIAN A. PIERIK, City Attorney
PGCC 12-7-22

11/16/22, 1:07 PM Mail - Kerry Lindstrom - Outlook
https://outlook.office365.com/mail/inbox/id/AAMkADYyMjk4YWQ5LTllNGQtNDUyYS04YjIwLTlmMjJjOWFiNGVmZQBGAAAAAABe%2FOZZGRnqSoa… 1/1 Items 8D, 11B, 12A
Andrew Kubica <[email protected]>
Wed 11/16/2022 11:06 AM
To: City Council Members <[email protected]> [NOTICE: This message originated outside of the City of Pacific Grove email system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Mayor and City Council,
There seems to be some issue with the city staff completing CIP’s and other items such as work orders in a timely manner. This is evidenced by the accomplishment of only 59.5 % of the CIP’s for FY21/22. It appears that some of the items have been rolled over into FY22/23. Now the first quarter summary sheet shows that only 5.4% of the items are completed for the first quarter of FY22/23. There have been several times at various City Commissions that Staff has stated to Commissioners that work was not completed because of actual shortage of staff/employees. I understand that the City Council is not involved in personnel issues and personnel issues are the job of the City Manager. I am concerned that needed work is not being accomplished and prices for contracts and work are increasing daily. Being a city of homes, with no major industrial revenue or stores such as Costco, Target, auto dealerships, or other high-volume business. Thus, there is a limited source of new revenue. We have already enacted an “emergency” sales tax increase. The main revenue source is real estate taxes, TOT, and sales tax.

Please manage our city wisely and prudently. Maybe the city needs more people at the working level rather than a city manager, an assistant city manager, and a deputy city manager at high salaries. What we have today, does not appear to be working as evidenced by the performance.

An example of needed improvement, is the city survey, where the residents wanted better roads and sidewalk.

The city has been funding these items at the level of approximately $1.2-1.6 million dollars when the consultants the city hired recommended and average of $2.8 Million dollars Thank You for your time reading this
Andrew Kubica
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City Council
City of Pacific Grove
1 November 16, 2022
Jennifer Pope, [email protected]
Consider an Ordinance to Amend
the Fiscal Year 22/23 Operating
and Capital Improvement Budget
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Overview
• Purchase Orders
• In Fiscal Year 18/19, the City implemented purchase orders and encumbrance accounting, which places a hold on funds for City contracts.
• Some Fiscal Year 21/22 contracts were not completed at year-end and funds need to be carried forward.
• Equipment purchases: ordered but not delivered
• Services that are in progress
• Technology projects/software: in progress.
• Capital Projects
• Projects in progress
• Capital Outlay
• Outlay purchases in progress
2 November 16, 2022
Jennifer Pope, [email protected]
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Proposed Amendments
• Combined Purchase Order, Project and Outlay Carry-Forwards • Expenditures: $3.3 million
• Grant and Insurance Reimbursement Revenue: $1.8 million • Additional Amendments
• New items
• Additional Funding for Museum Roof Repair Project
• Legal Services Agreements
• Fire Engine
• Library Display Cases
November 16, 2022
Jennifer Pope, [email protected] 3
PGCC 12-7-22

City Council
City of Pacific Grove
Questions
4 November 16, 2022
Jennifer Pope, [email protected]
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Agenda No. 8 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Sandra Kandell, City Clerk/DEI Coordinator
MEETING DATE: December 7, 2022
SUBJECT: Governor Newsom's Executive Order N-16-22
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive the DEI November 8, 2022 Agenda Report with Governor Newsom's Executive Order N-16-22 Attachment
Attachments
Executive Order N-16-22
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Agenda No. 7 D

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Chair and Members of the Diversity, Equity, and Inclusion Task Force FROM: Nadja Mark, Member
MEETING DATE: 11/14/2022
SUBJECT: Governor Newsom's Executive Order N-16-22

RECOMMENDATION
Provide Executive Order N-16-22 to City Council.

DISCUSSION
California Governor Gavin Newsom, recently signed an executive order directing State agencies and departments to advance equity via their strategic plans, operations, data tools, community engagement practices, policies, and programs. The executive order serves as an all-of-government directive for the State to address and reduce inequities in access and outcomes for people of color and other historically underserved communities throughout California, including women, LGBTQ+, immigrants, and disabled people.

The executive order also establishes the State's first Racial Equity Commission under the Governor's Office of Planning and Research. The Commission is tasked with producing a Racial Equity Framework, which will be coupled with tools, methodologies, and opportunities to advance racial equity across State government, in consultation with private and public partners. The Commission will also be available to provide direct assistance to State agencies in reviewing and updating policies and practices upon request. This Commission is the result of a collaborative effort among Senator Dr. Richard Pan and organizations that advocated for Senate Bill 17 to create a Racial Equity Commission.

Governor Newsom's executive order will be an important vehicle to advance racial equity and increase equitable access to opportunities for California's diverse and historically underserved and marginalized communities.

Attachments
Governor Newsom Order
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EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-16-22
WHEREAS California is the largest and most diverse state in the nation, shaped by the contributions of all its residents, including California Native Americans, communities of color, immigrants, and descendants of immigrants who call our golden state home, and welcomes all people to pursue bold dreams and renews the California dream for every new generation; and WHEREAS California has a strong history of fighting for freedom and civil rights for all people; and
WHEREAS California leads the nation in confronting the climate crisis and building community resilience through equity and opportunity, including supporting communities that experience the greatest social and health inequities from climate change; and
WHEREAS California continues to march towards equality and to address our nation's and our State's historical wrongs, including through recognition of gay marriage in San Francisco; placing a moratorium on the death penalty in California; advancing immigrant equity and inclusion; protecting access to reproductive health care; compensating survivors of state-sponsored sterilization; ending sub-minimum wage employment; and recently forming the Truth and Healing Council and the Reparations Task Force; and WHEREAS California has also demonstrated a fundamental commitment to prosperity and opportunity for all, including, but not limited to, advancing policies around health care for all; historic financial investments to advance educational equity; age-friendly communities; actions to further gender equity with the leadership of the First Partner; and the creation of a State Chief Equity Officer to provide statewide leadership and consultation on diversity, equity, inclusion, and accessibility regarding state operations, procurement, information technology, and human resources; and
WHEREAS the State has invested to improve language access across the spectrum of health and human services programs, and to increase participation of Californians who are non-English or limited-English speakers in California's public hearings and meetings, and will continue to work with agencies and departments to improve the delivery of language access and accessibility; and WHEREAS despite this progress, continued work remains to attain our shared goals of providing equal opportunity for all and addressing persistent disparities in outcomes; and
WHEREAS state government can take additional concrete steps to address existing disparities in opportunities and outcomes and advance equity by designing and delivering state services and programs, consistent with federal and state constitutional requirements, to address unequal starting points and drive equal outcomes so all Californians may reach their full potential and lead healthy and rewarding lives; and
WHEREAS agencies and departments within my Administration can and should take additional actions to embed explicit analysis of equity considerations in policies and practices, including by analyzing demographic PGCC 12-7-22

and geographic gaps in outcomes and access to funding and services, developing and consistently utilizing data analysis tools and practices to understand gaps in access to services and programs or outcomes from state programs, and reviewing community engagement strategies with a focus on Californians who reside in communities that have historically been underserved and marginalized; and
WHEREAS the Department of Finance is the State's chief advisor on fiscal policy and leads the annual budget process; and at my direction, the Department is requiring an analysis of equity considerations in budget change proposals through which all agencies and departments must obtain approval for changes in the level of service, and changes in funding sources for authorized activities or to propose new program activities not currently authorized, to improve the evaluation of any proposal's impact on Californians; and
WHEREAS a state workforce that reflects the diversity of the people of California is integral to our State's success in serving and responding to the needs of a diverse California population, and recent investments to ensure that positions in state government are attractive and available to Californians from all backgrounds will advance this goal; and
WHEREAS the Infrastructure Investment and Jobs Act, passed by Congress and signed into law in 2021, provides an opportunity for partnership with California small businesses, disadvantaged business enterprises, Tribal governments, community-based organizations, and nonprofit organizations to support more investment in economically and socially disadvantaged communities from this federal funding to modernize crucial infrastructure and accelerate our clean transportation progress; and
WHEREAS the State can improve outcomes and deliver better services by making its procurement policies simpler, faster, and more human-centered for buyers and vendor partners; and
WHEREAS the Targeted Area Contract Preference Act (TACPA) is a tool designed to stimulate economic growth and opportunities in disadvantaged zones throughout the State, and raising awareness of its benefits will increase opportunities for California-based companies to operate eligible worksites in these disadvantaged zones and employ Californians experiencing high unemployment or poverty; and
WHEREAS California's Civil Rights Department is the state agency charged with enforcing the Fair Employment and Housing Act; Unruh Civil Rights Act; Disabled Persons Act; Ralph Civil Rights Act, and other civil rights laws; adopting regulations to implement civil rights laws; providing dispute resolution services to people who believe they are the victim of discrimination; and providing community conflict resolution around discriminatory practices; and WHEREAS California has advanced critical investments to respond to increased hate violence including establishing the Commission on the State of Hate in the Civil Rights Department to study hate in California, develop anti-hate resources for law enforcement and others, and make recommendations to better protect civil rights; to fund the 11California versus Hate Resource Line and Network" to support survivors of hate incidents and crimes with culturally competent resources and services; and to improve the State's ability to understand and act to address economic and health impacts of hate, including through community engagement and sharing of anti-hate resources; and PGCC 12-7-22

WHEREAS California 's Civil Rights Department is charged with publishing an annual report of pay data provided by private employers of 100 or more employees with at least one employee in California, to encourage employers to self-assess and voluntarily address pay disparities among demographic groups and to allow the Department to effectively enforce equal pay and antidiscrimination laws; and WHEREAS the Office of Data and Innovation was recently reorganized to empower all state agencies and departments to drive better services, decisions, and outcomes through the use of data, user-centered design, and technology; and
WHEREAS data-driven goals and indicators are vital for state agencies and departments to measure opportunities and outcomes for all communities and to support public engagement and accountability in an efficient, effective, secure, and responsible manner; and
WHEREAS accelerating these actions and investments, including many achieved in partnership with the Legislature, and ensuring that agencies and departments explicitly consider equity and adoption of inclusive practices when developing strategic plans will strengthen the State's service to Californians and further collective efforts to improve opportunity by addressing disparities for underserved and marginalized communities; and
WHEREAS state agencies and departments and other governmental entities can benefit from having access to expertise, data tools, methodologies, and practices as they review programs and practices to further racial equity and achieve more equitable outcomes.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. All agencies and departments subject to my authority shall, for any strategic plans applicable during the 2023-24, 2024-25, and/or 2025-26 fiscal years:
a. develop or update the strategic plan to reflect the use of data analysis and inclusive practices to more effectively advance equity and to respond to identified disparities with changes to the organization's mission, vision, goals, data tools, policies, programs, operations, community engagement, tribal consultation policies and practices, and other actions as necessary to serve all Californians; and b. as part of the development or updating of the strategic plans, engage and gather input from California communities that have been historically disadvantaged and underserved within the scope of policies or programs administered or implemented by the agency or department, and make the plans publicly available.

2. The Department of Human Resources (CalHR) shall undertake the following actions:
a. by July 1, 2023, report and analyze existing detailed state employee data and collect new data including race/ethnicity, gender identity, sexual orientation, age, and number of employees with a disability; and PGCC 12-7-22

b. by December 31, 2023, design, develop, test, and maintain an anonymous hiring system in the Examination and Certification Online System (ECOS) for job applicants; and
c. by December 31, 2023, collect hiring and vacancy data from agencies and departments subject to my authority, to identify critical hard-to-fill positions, and create new pathways and/or apprenticeship opportunities for new and existing employees to qualify for these positions.

3. By November 15, 2022, all agencies and departments subject to my authority shall, to the extent that they apply for federal Infrastructure Investment and Jobs Act (IIJA):
a. develop and submit to the State's Infrastructure Coordinator action plans to increase access to the grant or contract selection process for small business and disadvantaged business enterprises for all federal IIJA funded contracts; and
b. develop and submit to the State's Infrastructure Coordinator action plans to meaningfully engage with tribal governments, nonprofits, and other community organizations to increase access to IIJA funding opportunities.

4. With respect to the Target Area Contract Preference Act (TACPA):
a. by September 30, 2022, the Department of General Services shall develop a training module for all agencies, departments, boards, and offices on the effective implementation of TACPA; and
b. by December 31, 2022, relevant contracting and programmatic staff at all agencies and departments subject to my authority shall complete the training described in subparagraph a.

5. By September 30, 2023, the California Health and Human Services Agency and the Government Operations Agency shall develop recommendations to improve language and communications access to state government services and programs.

6. The Civil Rights Department shall:
a. by September 1, 2023, increase utilization of dispute resolution services by 20% and analyze available data of complaints making use of dispute resolution services; and
b. by January 1, 2023, implement a robust anti-hate strategy by:
i. launching community conflict resolution services funded by the 2022-2023 Budget Act; and
ii. establishing the CA v. Hate Resource Line and Network; and iii. launching the Commission on the State of Hate; and c . by February 1, 2023, review existing regulations implementing nondiscrimination protections in state programs and activities and initiate rulemaking as appropriate based on that review; and
d. by June 1, 2023, expand upon its existing efforts to collect, analyze, disseminate, and enforce pay data reporting requirements by providing employers, when feasible, a graphical report of their pay data to facilitate self-assessment and correction of unjustified pay disparities, and conducting new analyses of collected pay data to identify disparities by job category, region, and industry.

7. By June 30, 2023, the Office of Data and Innovation, in consultation with agencies subject to my authority, shall develop a set of statewide data and service standards and practices to support agencies and departments to identify and address disparities in government operations and services, including but not limited to, standards for collecting and managing race and PGCC 12-7-22

ethnicity data, metrics for measuring and tracking equity in state services and programs, and service delivery standards to support equity. This will include best practices to address sensitivities around data collection.

8. The Governor's Office of Planning and Research (OPR) shall create a Racial Equity Commission (commission), as follows:
a. The commission shall consist of eleven members who are California residents. My Administration shall appoint seven of the commission members. Additionally, OPR shall request that the Senate Committee on Rules appoint two members and that the Speaker of the Assembly appoint two members; and
b. Members will be appointed for a term of two years. Vacancies shall be filled in the same manner that provided for the original appointment; and
c. My Administration shall appoint, and the other appointing authorities are requested to appoint, individuals who have demonstrated expertise and meet criteria in at least one of the following areas:
i. analyzing, implementing, or developing public policies that impact racial equity as it relates to at least one of the following areas: broadband, climate change, disability rights, education, food insecurity, housing, immigration, land use, employment, environment, economic security, public health, health care, wealth, policing, criminal justice, transportation, youth leadership, agriculture, the wealth gap, entrepreneurship, arts and culture, voting rights, and public safety that may have an impact on racial equity or racial disparities; and
ii. developing or using data or budget equity assessment tools; and iii. providing technical assistance in developing and implementing strategies for racial equity, including, but not limited to, guidance on employee training and support, development of racial equity programming, and assistance to organizations and departments on changing policies and practices to improve racial equity outcomes; and/or
iv. being a member of or representing an equity-focused organization that works with an impacted community whose lived experience will inform the work of the commission, including, but not limited to, members of the disability, immigrant, women's, and LGBTQ communities; and
d. My Administration also shall consider, and the other appointing authorities are also requested to consider, the expertise of the other members of the commission and make appointments that reflect the cultural, ethnic, racial, linguistic, sexual orientation, gender identity, immigrant experience, socioeconomic, age, disability, and geographical diversity of California; and
e. Commission members shall serve without compensation, but they may be reimbursed for necessary, pre-approved expenses incurred in connection with their duties, consistent with Government Code section 11009; and
f. The commission shall be staffed by OPR; and
g. The commission shall have the authority to:
i. hold hearings and perform acts that may be necessary to carry out the commission's duties; and
ii. engage with advisers or advisory committees when the commission determines that the experience or expertise of advisers or advisory committees is needed for commission work; and
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h. Relying upon publicly available information and data, the commission shall develop resources, best practices, and tools for advancing racial equity as follows:
i. in consultation with private and public stakeholders, as appropriate, develop a statewide Racial Equity Framework. The Racial Equity Framework shall be approved by the commission, submitted to the Governor and the Legislature on or after December 1, 2024, but no later than April l, 2025, and posted to the commission's internet website. The Racial Equity Framework shall set forth the following:

1. methodologies and tools that can be employed in
California to advance racial equity and address
structural racism; and

2. budget methodologies, including equity assessment
tools, that entities can use to analyze how budget
allocations benefit or burden communities of color; and

3. processes for collecting and analyzing data effectively and safely, as appropriate and practicable, including
disaggregation by race, ethnicity, sexual orientation
and gender identity, disability, income, veteran status, or other key demographic variables and the use of
proxies; and

4. summaries of input and feedback from stakeholder
engagements; and
ii. upon request by a state agency, provide technical assistance on implementing strategies for racial equity consistent with the Racial Equity Framework; and
iii. engage stakeholders and community members, including by holding quarterly stakeholder meetings, to seek input on the commission's work, as described; and
iv. engage, collaborate, and consult with policy experts to conduct analyses and develop tools, including by building on and collaborating with existing bodies, as appropriate; and v. promote the ongoing, equitable delivery of benefits and opportunities by:

1. providing technical assistance to local government
entities engaging in racial equity programming, upon
request from the local government; and

2. encouraging the formation and implementation of
racial equity initiatives by local government entities, including cities and counties; and
i. The commission shall prepare an annual report that summarizes feedback from public engagement with communities of color, provides data on racial inequities and disparities in the State, and recommends best practices on tools, methodologies, and opportunities to advance . racial equity. The report shall be submitted to the Governor and the Legislature and shall be posted publicly on the commission's internet website. The first annual report shall be completed on or after December 1, 2025, but no later than April 1, 2026, and annually thereafter.

IT IS FURTHER ORDERED that, as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

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This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 13th day
of September 2022.

GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State
~ PGCC 12-7-22

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Agenda No. 8 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Joe Amelio, Mayor Pro Tem
MEETING DATE: December 7, 2022
SUBJECT: Monterey-Salinas Transmit Meeting Minutes of October 17, 2022 CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive minutes.

Attachments
MST Minutes
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Agenda # 3-3
November 14, 2022 Meeting

MEETING OF THE MST BOARD OF DIRECTORS

MEETING MINUTES
October 17, 2022
10:00 am (Pacific)

Present: Anna Velazquez (Chair) City of Soledad
Jeff Baron City of Carmel-by-the-Sea
John Gaglioti City of Del Rey Oaks
Lorraine Worthy City of Gonzales
Yanely Martinez City of Greenfield
Mike LeBarre City of King
David Burnett City of Marina
Dan Albert City of Monterey
Tony Barrera City of Salinas
Dave Pacheco City of Seaside
Luis Alejo County of Monterey
Late Arrival: Mary Ann Carbone (Vice Chair) City of Sand City

Absent: Joe Amelio City of Pacific Grove
Counsel: David C. Laredo De Lay & Laredo
Michael D. Laredo De Lay & Laredo
Staff: Carl Sedoryk General Manager/CEO
Lisa Rheinheimer Assistant General Manager
Norman Tuitavuki Chief Operating Officer
Michael Kohlman Chief Information Officer
Kelly Halcon Director of HR & Risk Management
Michelle Overmeyer Director of Planning & Innovation
Jeanette Alegar-Rocha Deputy Secretary
Andrea Williams General Accounting & Budget Manager
Beronica Carriedo Community Relations Coordinator
Daniel Bruno Scheduling Assistant
David Bielsker Transit Scheduler
Deanna Smith Civil Rights Officer
Elena Grigorichina Operations Analyst
Emma Patel Associate Planner
Ikuyo Yoneda-Lopez Marketing & Customer Service Manager Jaime Molina Communications Systems Specialist
Kevin Allshouse Contract Services Manager
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Lisa Cox Risk and Safety Manager
Marzette Henderson Transportation Manager
Matthew Deal Grants Analyst
Paul Lopez Facilities Manager
Scott Taylor IT Manager
Sonjé Dayries Compliance Officer
Sonia Wills Customer Service Supervisor
Steven Bruno Purchasing Agent
Public: Sloan Campi Cal. State Monterey Bay
Tate Baugh Member of the Public

1. CALL TO ORDER
1-1. Roll Call.
1-2. Pledge of Allegiance.

Chair Velazquez called the meeting to order at 10:02 a.m. Roll call was taken and a quorum was established. Director Baron led the pledge of allegiance. 1-3. Review Highlights of the Agenda. (Carl Sedoryk)

2. PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA
There were no public comments.

3. CONSENT AGENDA
These items will be approved by a single motion. Anyone may request that an item be discussed and considered separately.
3-1. Approve Resolution 2023-07 Authorizing Remote Teleconference Meetings. (Carl Sedoryk)
3-2. Adopt Resolution 2023-08 Recognizing Bill Casey, Coach Operator as Employee of the Month for October 2022. (Norman Tuitavuki) 3-3. Approve Minutes of the MST Board Meeting on September 13, 2022. (Jeanette Alegar-Rocha)
3-4. Receive Minutes of the MST Board Administrative Performance Committee Meeting on September 12, 2022. (Jeanette Alegar-Rocha)
3-5. Financial Reports – August 2022. (Lori Lee)
a) Accept reports of August 2022 Cash Flow
b) Approve August 2022 Disbursements
c) Accept Report of August 2022 Treasury Transactions
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3-6. Receive Report on Lost and Found Items Left on MST Property for the Month of June 2022. (Sonia Wills) (Page 29)
3-7. Reject Claim by the Claimant Anita Avina. (Lisa Cox) End of Consent Agenda
There were no public comments on the consent agenda items.

On a motion by Director Alejo, seconded by Director Albert and carried by the following vote, which was conducted by roll call, the Board approved items 3-1 through 3-7 on the Consent Agenda:

AYES: 11 Albert, Alejo, Baron, Barrera, Burnett, Campbell, Gaglioti, LeBarre, Martinez, Velazquez, and Worthy
NOES: 0
ABSENT: 2 Amelio and Carbone
ABSTAIN: 0

4. RECOGNITIONS AND SPECIAL PRESENTATIONS
4-1. October 2022 Employee of the Month – William “Bill” Casey, Coach Operator. (Norman Tuitavuki)
4-2. Receive Staff Report on Activities Related to the COVID-19 Pandemic Incident Response and Recovery Planning to Date and Provide Direction, If Needed. (Carl Sedoryk)
Director LeBarre asked if the new AB 2449 legislation supersedes the Brown Act State of Emergency currently in place through 2024. He further inquired if the new rules within AB 2449 affect public participation as it relates to meeting reliability. Director LeBarre asked if the new law affects Board member meeting participation policy.

General Counsel David Laredo confirmed that AB2449 supersedes the Brown Act State of Emergency, effective January 1, 2023. The new law allows MST to decide whether the public participates by phone or in person and the current MST board meeting participation policy can be refined before the effective date of January 1, 2023.

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4-3 Presentation on MST 50th Anniversary Celebratory Events. (Ikuyo Yoneda-Lopez)
Director Carbone joined the meeting at 10:43 a.m.

5. PUBLIC HEARINGS
None

6. ACTION ITEMS
6-1 Authorize the General Manager/CEO to Distribute a 3.0% FY 2022 Incentive Pay to Eligible Monterey-Salinas Transit Employee Association (MSTEA) and Confidential Unit Employees (Excluding the General Manager/CEO). (Carl Sedoryk) There were no public comments.

On a motion by Director Barrera, seconded by Director Worthy and carried by the following vote, which was conducted by roll call, the Board approved a

3.0% FY 2022 Incentive Pay to eligible Monterey-Salinas Transit Employee Association (MSTEA) and Confidential Unit Employees (excluding the General Manager/CEO):

AYES: 12 Albert, Alejo, Baron, Barrera, Burnett, Campbell, Carbone, Gaglioti, LeBarre, Martinez, Velazquez and Worthy
NOES: 0
ABSENT: 1 Amelio
ABSTAIN: 0
6-2 Ratify the Collective Bargaining Agreement (CBA) between Amalgamated Transit Union Local 1225 (ATU) employees and Monterey-Salinas Transit District (MST). (Kelly Halcon)
There were no public comments.

On a motion by Director Albert, seconded by Director LeBarre and carried by the following vote, which was conducted by roll call, the Board approved the Collective Bargaining Agreement (CBA) between Amalgamated Transit Union Local 1225 (ATU) employees and Monterey-Salinas Transit District (MST):

AYES: 12 Albert, Alejo, Baron, Barrera, Burnett, Campbell, Carbone , Gaglioti, LeBarre, Martinez, Velazquez, and Worthy
NOES: 0
ABSENT: 1 Amelio
ABSTAIN: 0
General Counsel David Laredo left the meeting at 11:00 a.m. (Pacific) PGCC 12-7-22

Director Alejo left the meeting at 11:00 a.m.
6-3 Authorize General Manager/CEO to Enter into Contract with Shaw Yoder Antwin Schmelzer & Lange for Legislative Advocacy Services in an Amount not to Exceed $72,000/Year for the 2023-2024 Legislative Session with an Option to Extend an Additional Two (2) Years at $78,000/Year. (Lisa Rheinheimer)
There were no public comments.

On a motion by Director Albert, seconded by Director Carbone and carried by the following vote, which was conducted by roll call, the Board approved entering into a contract with Shaw Yoder Antwih Schmelzer & Lange for legislative advocacy services in an amount not to exceed $72,000 per year for the 2023-2024 legislative session with an option to extend an additional two (2) years at $78,000 per year:

AYES: 11 Albert, Baron, Barrera, Burnett, Campbell, Carbone , Gaglioti, LeBarre, Martinez, Velazquez, and Worthy
NOES: 0
ABSENT: 2 Alejo and Amelio
ABSTAIN: 0

7. REPORTS & INFORMATION ITEMS
The Board will receive and file these reports, which do not require action by the Board. 7-1 General Manager/CEO Report
7-2 Federal Legislative Advocacy Report
7-3 State Legislative Advocacy Update
7-4 Staff Trip Reports
7-5 Correspondence

8. BOARD REPORTS, COMMENTS, AND REFERRALS
8-1 Reports on Meetings Attended by Board Members at MST Expense. (AB 1234)
8-2 Board Member Comments and Announcements.
8-3 Board Member Referrals for Future Agendas.

9. CLOSED SESSION
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There were no public comments on the closed-session items. 9-1 Review General Manager/CEO Performance Evaluation Gov.

Code § 54957. (Anna Velazquez) Conference With Labor
Negotiators (§54957.6) Agency Designated Representatives:
(Kelly Halcon, Michael Laredo)(No Enclosure)
Assistant Counsel Michael Laredo reported that information was received but no reportable action was made by the Board.
9-2 Conference with Labor Negotiators, Gov. Code § 54957.6: MSTEA and MST. (Kelly Halcon) (No enclosure)
Counsel Michael Laredo reported that information from both parties was received but no reportable action was made by the Board.

10. ATTACHMENTS
10-1 The Detailed Monthly Performance Statistics and Disbursement Journal for July and August 2022 can be viewed online within the GM Report at http://mst.org/about-mst/board-of-directors/board-meetings/

11. ADJOURN
With no further business to discuss, Chair Velazquez adjourned the meeting at 11:31 a.m. (Pacific) in memory of Doug Thomson, General Manager, Monterey Division, MV Transportation.

Prepared by:___________________ Reviewed by:____________________ Jeanette Alegar-Rocha Carl G. Sedoryk
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Agenda No. 9 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Ben Harvey, City Manager
MEETING DATE: December 7, 2022
SUBJECT: Ratification of New Local Emergency Actions
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive report of emergency directives/modifications.

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

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

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

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

None to report at this time.

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

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

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

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

1. None to report at this time.

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

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

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

FINANCIAL IMPACT:

There is no financial impact in receiving the report.

GOAL ALIGNMENT: Not Applicable.

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Agenda No. 9 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Sandra Kandell, City Clerk
MEETING DATE: December 7, 2022
SUBJECT: Proposed Schedule of City Council Meetings for 2023 and 2024 CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Adopt the proposed schedule of City Council Meetings for 2023 and 2024.

DISCUSSION
The attached proposed schedule provides for City Council meetings on the first and third Wednesdays of the month, as provided by City Charter 13 – Meetings of the Council.

Additionally, Article 13 of the Charter authorizes Council to cancel one of the regularly scheduled meetings, if needed, by five (5) affirmative votes, as well as set additional special meetings with appropriate notice as required by law.

In keeping with past practice due to holidays, only one meeting is scheduled in January 2023 and January 2024.

OPTIONS
Approve an alternate regular Council meeting schedule.

FINANCIAL IMPACT:

There is no fiscal impact associated with the adoption of the regular Council meeting schedule.

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

Attachments
2023-24 CC Meeting Schedule
PGCC 12-7-22

CITY COUNCIL
ADOPTED 2023 REGULAR MEETING SCHEDULE
1 ST Wednesday 3rd Wednesday
** January 18
February 1 February 15
March 1 March 15
April 5 April 19
May 3 May 17
June 7 June 21
July 5 July 19
August 2 August 16
September 6 September 20
October 4 October 18
November 1 November 15
December 6 December 20
**Holiday – one meeting scheduled.

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CITY COUNCIL
ADOPTED 2024 REGULAR MEETING SCHEDULE
1 ST Wednesday 3rd Wednesday
** January 17
February 7 February 21
March 6 March 20
April 3 April 17
May 1 May 15
June 5 June 19
July 3 July 17
August 7 August 21
September 4 September 18
October 2 October 16
November 6 November 20
December 4 December 18
**Holiday – one meeting scheduled.

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Agenda No. 9 C

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Joyce Halabi, Deputy Public Works Director
MEETING DATE: December 7, 2022
SUBJECT: Pacific Grove Museum of Natural History Roof Repair Project CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities

RECOMMENDATION
Authorize an agreement with Scudder Roofing for the Pacific Grove Museum of Natural History Roof Repair Project in an amount not to exceed $49,285 plus a 20% contingency.

DISCUSSION
As part of the FY21/22 Capital Improvement Plan (CIP), City Council approved a project to allow for a roof repair at the Pacific Grove Museum of Natural History, a facility owned and maintained by the City. The intent of the project was to make spot repairs to address known leaks in areas of the roof above the Bird Room.

Throughout the year, as rain events occurred, several additional leaks in the roof above the Bird Room were identified. This expanded the scope of the project and required the city to explore a full repair of the Central Avenue side of the roof, instead of a spot repairing the already identified leaks.

On July 25, 2022, a Request for Proposals (RFP) was issued soliciting proposals for qualified firms to remove and replace the Central Avenue facing segment of the clay tile roof above the Bird Room. On August 18, 2022, the RFP period closed. A total of 2 bids were received:

Contractor Price
Scudder Roofing $49,285
Bellock General Contracting, Inc
DBA Essential Roofing $154,450
The scope of work includes:

Remove the existing clay tile roof (~2,784 SF)
Salvage tiles for re-use
Install a waterproof membrane over the entire roof deck Reinstall clay tiles
Scudder roofing has performed several roofing projects for the city in the past and is well qualified to perform this work.

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OPTIONS

1. Authorize the agreement
Do not authorize the agreement. Failure to authorize the agreement will result in continued degradation of the existing roof infrastructure. Continued failure of the roof infrastructure could impact museum operations and potentially result in water damage to collection items, owned by the City, located in the Bird Room.

2. FINANCIAL IMPACT:

As part of the FY21/22 CIP, $40,000 was allocated from the Museum Fund for this project. Because pricing came in higher than the allocated budget following the competitive bid process, staff requested an additional $19,285 from the Museum Fund to allow this vital project to proceed.

The request for additional funding was made via a budget amendment ordinance, brought forth to the City Council at their November 16, 2022 meeting, at which a first reading was approved. The second read of the ordinance is on tonight's agenda for consideration.

GOAL ALIGNMENT: Facilitate Local Business Recovery: Review and revise existing policies and programs and develop a strategic plan to better serve existing businesses.

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Agenda No. 9 D

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Bill Peake, Mayor
MEETING DATE: December 7, 2022
SUBJECT: Appointments to Regional Agencies and Liaisons CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Approve appointments to regional boards and endorse liaisons effective immediately.

DISCUSSION
The City is a member of several regional agencies and a self-insurance pool which jointly provide us with vital planning and services. Our participation requires designation of a representative to their respective board of directors. The following appointments require Council approval. They become effective immeditely upon approval.

1. Association of Monterey Bay Area Governments (AMBAG) – Smith, alternate Coletti

2. California Joint Powers Insurance Authority (CJPIA) – Beck

3. Central Coast Community Energy (3CE) – Beck

4. Community Human Services (CHS) – McDonnell, alternate Cohen

5. Monterey One Water (M1W) – Smith, alternate Coletti

6. Monterey Regional Waste Management District (ReGen) – Peake

7. Monterey-Salinas Transit (MST) – Amelio, alternate Poduri

8. Transportation Agency of Monterey County (TAMC) – Poduri Council liaisons are designated for each of our city boards, committees, commissions, and task force.

The liaison role is described in the Boards, Committees and Commissions Handbook. Council is asked to endorse the following liaisons which become effective immediately.

1. Architectural Review Board (ARB) - Beck

2. Beautification and Natural Resources Commission (BNRC) – Coletti

3. Diversity, Equity, and Inclusion Task Force (DEI) - Poduri

4. Economic Development Commission (EDC) - Poduri

5. Historic Resources Committee (HRC) – Peake

6. Library Board - McDonnell

7. Museum Board - Amelio

8. Planning Commission - Coletti

9. Recreation Board - Smith

10. Traffic Safety Commission – Amelio
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OPTIONS
None.

FINANCIAL IMPACT:

There is no fiscal impact.

GOAL ALIGNMENT: Not Applicable.

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Agenda No. 10 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Gho, Public Works Director/Deputy City Manager MEETING DATE: December 7, 2022
SUBJECT: Beautification and Natural Resources Commission Minutes: August 16, 2022 and September 20, 2022
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive minutes.

Attachments
August Minutes
September Minutes
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BNRC Meeting August 16, 2022 Minutes

1. MEETING CALLED TO ORDER AT 4:00PM
Wooten, Green, Myers, McKenna, Pineda Tibbs, Vierneisel present. Ingram absent.

2. APPROVAL OF AGENDA
McKenna moved to approve agenda; Green seconded; approved 6-0

3. COMMISSION AND STAFF ANNOUNCEMENTS
a. Environmental Manager Fuerst announced:
i. The Monarch Sanctuary walk thru on Friday August 26 at 11:00.

Public is invited. City staff and Stu Weiss of Creekside Science will be in attendance.
ii. The Regional Management Plan for Monarchs is coming up for funding. The CA Wildlife Conservation Board will vote on Nov 17, 2022 whether to approve funds for a regional Monarch Management Plan through the CA Association of Regional
Conservation districts (RCG). The amount requested for the Habitat Restoration project was $19M, of which $150-$200K is ear marked for PG, and Pacific Grove will match the grant with $25,000 previously designated for the project.
b. Joyce Halabi announced:
i. The comprehensive update to Title 12 in conjunction with the city arborist will be potentially available at the November 15th BNRC meeting.
ii. The George Washington Park Management Plan is now
available for public review on the City website and will be brought to the BNRC in September. Following BNRC review the Plan will be brought to City Council.
c. EV Manager Fuerst: The Monarch Sanctuary nectar bed plan from the horticulturist will be available soon; per Chair Wooten’s request, the Sanctuary microclimate wind data submitted by Dominic Sinicropi was provided recently to Stu Weiss, the horticulturist and to the Pacific Grove Natural History Museum.
d. Commissioner Wooten announced the art application form for the Lovers Point Beautification Project from Colleen Ingram (SPG) and PGCC 12-7-22

resident Knight has been received and will be forwarded to Sandra Kandell to be added to consent agenda for City Council approval. e. Commissioner McKenna announced the art subcommittee met regarding the Chinese Pavilion request and this topic will appear on next month’s agenda.
f. Commissioner McKenna suggested future agendas have
subcommittee announcements as a permanent agenda item. Chair Wooten agreed to have BNRC Goals and Subcommittee updates on the agenda monthly.

4. COUNCIL LIASON ANNOUNCEMENTS:
a. Councilman Coletti announced tomorrow’s council meeting will address city road work restriction (Item 13B) in connection with Harbor Seal pupping season. Council received over 50 emails from residents regarding this matter.
b. Councilman Coletti also announced the establishment of a Wildlife Protection Commission will be discussed during the September 21st City Council meeting.

5. GENERAL PUBLIC COMMENT - None

6. APPROVAL OF THE MINUTES
Greene moved to approve the minutes, Meyers seconded, motion carried 6-0

7. REGULAR AGENDA
A. Tree Planting, Private Property
Chair Wooten brought the question forward: does the BNR Commission feel it’s reasonable to encourage homeowners to plant a tree on their property to help encourage tree canopy throughout the city.

Public Comment:

Kim Akeman agrees with this idea. Akeman has grown Monterey pines, cypress and oak trees and she is willing to donate them to any city resident.

Lisa Ciani liked the idea of engaging residents and wondered if the fees paid in lieu of when they did not replant trees that were removed could be used to subsidize trees on private property. She said Mr. Ciani suggested a property owner plant a tree elsewhere, if unable to do so on their property. There are a lot of streets where street trees could be planted.

Commissioner Discussion:

Commissioner Myers noted that this is not a mandate but simply encouraging residents to contribute to overall tree canopy. The City could provide PGCC 12-7-22

information on tree planting and maintenance. This endeavor is what the BNRC is all about.

Commissioner Pineda Tibbs agree it is feasible but suggested caution as to the type of trees to plant as some trees may not be suitable in certain areas.

She also mentioned tree planting could tie into Climate Action Plan. Adding more trees encourages wildlife and bird habitat and the canopy makes it cooler and impacts beauty.

Commissioner McKenna agreed connection to climate action, and suggested a multi prong outreach including talking to neighbors; asking local schools to add this tree planting idea to their school newsletters and perhaps commissioners can be neighborhood ambassadors for this cause.

Chair Wooten said the tree subcommittee will move forward bringing a proposal to the Commission for approval.

B. Hybrid Meetings
Public Comment:

Ciani is in favor of hybrid meetings or virtual but not in-person only as some residents do not want to attend closed room meetings.

Commissioner Discussion:

Commissioners McKenna, Green, Myers, Vierneisel and Wooten all agreed with holding hybrid meetings in the future.

Fuerst clarified that the decision today is between hybrid meetings or 100% virtual. In January there will be new orders from the governor. Also, the hybrid meeting requires at least 1 Commission member attend the meeting at city hall in person.

Myers moved to approve future hybrid meetings; McKenna seconded; motion carried 6-0
C. Pacific Grove Policy 24
Public Comment: none
Commissioner Discussion:

Chair Wooten said Commissioner Ingram attended a city meeting and noticed plastic water bottles were handed out at the meeting, as well as at the recent Night Out event. Ingram submitted comments to the city council regarding the inattention to Policy 24.

Chair Wooten pointed out that the Policy requires the Finance Department to provide analytical reports to the Council referencing cost savings.

Commissioner Pineda Tibbs clarified that we are not asking for policy change, we merely want to bring this to council’s attention and that the Environmental PGCC 12-7-22

Manager is also required to provide information on the effect of the policy actions.

Commissioner McKenna clarified that we are asking that the policy be elevated, and the reporting be made to the City council.

Joyce Halabi noted that the policy has been brought to all department’s attention
Commissioner Myers moved to provide a copy of Policy 24 to City Council asking them to elevate the policy and to advise departments to follow it, request the reports from the Finance Department and the Environmental Programs Manager and provide the BNRC with updates; Greene seconded; motion carried 6-0

8. NEXT BNRC MEETING IS SEPTEMBER 20, 2022 IN PERSON OR ON ZOOM

9. ADJOURNMENT: 4:40pm
McKenna moved to adjourn; Green seconded; motion carried 6-0 PGCC 12-7-22

Subject: BNRC Minutes September 20, 2022

RECOMMENDATION
Approve the meeting minutes
1) CALL TO ORDER (7) at 4:00p
Wooten, McKenna, Vierneisel, Pineda Tibbs, Green, Myers, Ingram 2) APPROVAL OF AGENDA
Ingram moved to switch items 7a and 7b for flow of topics. Myers motion to accept the agenda as amended, 2
nd Vierneisel, vote approved 7-0
3) COMMISSION AND STAFF ANNOUNCEMENTS (City-Related Items Only) -McKenna- Art subcommittee received Art Acceptance Form from Mr. Cha. It was a continuation from the submittal for the Chinese pavilion. We will be reviewing on the November agenda.
-Ingram- International Ocean Cleanup Day was Saturday 9/17. Save our Shores hosted events all over the county, on Sunday scout Pack 126 hosted their event that was partnered with Sustainable PG and met at Jewell Park, over 50 youth cleaned up our parks and recreation trails. Monterey County’s watering days are Wednesday and Saturday and it applies to watering yards and gardens as well as car washing. It’s a great time to ask your neighbors about their water catchment systems if you don’t have one.
4) COUNCIL LIASON ANNOUNCEMENTS (15 emails sent to BNRC) -Coletti: 2 council actions for the Oct 5thmeeting. First is the ordinance for restricting road work during pupping season will come forward for the first read Oct 5th. Second is the Wildlife Protection subcommittee will be bringing forward a framework for establishing a wildlife commission – there will be discussion on it at least. Also saw his first monarch of the season and a dozen birders enjoying George Washington Park this afternoon.
5) GENERAL PUBLIC COMMENT
Public-
• P. Choi- Against skatepark at GWP, it would be better near the school, keep GWP natural
• L Ciani- Appreciate postponing GWP Plan, not clear if the BNRC will be reading public comments submitted through PW, the full plan wasn’t available during comment phase, additions were made unannounced, can’t find the plan on the website. Still a need for CEQUA review. Does not acknowledge the original plan of 2000. Zone 1 is not part of the new plan and should be considered. The plan doesn’t consider the ecosystem, and vegetation removal is during nesting season.
• J. Gorman – wanted to bring attention to the mismanagement of GWP now also the preferred site location for skatepark and reasons why it should not be permitted. • Colleen (owns a health store in town). States she lives on 10acres with 5 untouched and shared the wildlife that lives there. A skatepark would be tragic. • P Walkingstick- Pacific Grove is timeless, we share responsibility to the community but as Pagrovians we also have responsibilities unique to our town. The GWP plan and the proposed skatepark both seem to indicate that the protection of the monarch is a nonPGCC 12-7-22

issue. The monarch is now classified as endangered, etc. When discussing city business and especially when we talk of GWP and the Monarch Sanctuary that we make the monarch preservation our priority.
• G. Stevins – resident of PG across from GWP for 14 years directly across from where the proposed skatepark will be. A skatepark will require the removal of healthy trees, paving that will hurt roots, nothing environmentally friendly about this project. Just because there is already bathrooms, a ballfield and playground does not mean it’s a good place for the skatepark, etc. Please look elsewhere for this, not in GWP. • K Akeman – Echoing the previous concerns but the big proposed GWP management plan is coming up and its extremely important and hopes that all commissioners be present when discussing this plan. Ask that each commissioner be present to add their expertise to the discussion.

Written-28
• About Forest Management Plan (16): G Stebbins, E Catbagan, K Akeman, N Rappahahn, P Walkingstick, C Saari, A Downs, P Brown, B Gorman, L Wilsey, J Gorman, A Preece (Autobon), M Wright, T Akeman, R Lee, L Ciani
• About Skatepark (13): S O’Bier, K Sells, C Thomas, V Hutchins, K Pfeifer, J Stiles, G Hein, A Downs, K Haulsee, M Schonbrun, M Mason, E Catbagan, V Anderson 6) APPROVAL OF THE LAST MONTH’S MINUTES
Moved to accept the agenda McKenna, 2
nd Green, vote approved 7-0
7) REGULAR AGENDA
a) Including Balloons and Confetti in the Reduction of Single-Use Plastics Ordinance and Revision of Recreation Events Permits
Reference: Colleen Ingram (Recycling and Litter Reduction Subcommittee) Recommended Action: 1-Include prohibition of balloons and all types of confetti in the Ordinance 2-Amend all Use/Event permits to clearly include the prohibition and communicate the restrictions more visibly on the permit application and website 3- Enforce collection of cleaning deposit and consider increasing the amount of the deposit.

Public Comments
• L Ciani- Excellent recommendations, it is a big problem and it needs to be addressed, any current prohibition is invisible. Thank you
Commissioner Comments
• Wooten – States this is a good idea, the impact to the environment is significant, many cities are banning balloons and confetti of all sorts in public places.

ACTION: Wooten Motion for BNRC to recommend to council that this be added to our single-use plastics ordinance. Myers moved, Vierneisel 2nd, vote 7-0 approved. b) Single-Use Plastics
Reference: Recycling and Litter Reduction Subcommittee
Recommended Action: Suggest amendments to Chapters 11.98 and 11.99 of the municipal code regarding prohibitions on single-use plastics and food packaging to the City Council for consideration
Public Comments
• none
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Commissioner Comments
• McKenna – do we include something in this ordinance to speaks to additional state laws that have to be adhered to as well? Is that common? Myers -if the state passes a law Pacific Grove has to follow it. It’s not clear how to introduce that. Ingram- it’s a matter of choice, some cities will include state laws in their ordinances to make it cleaner while others say these are state laws, these are our city laws. • Wooten – wanted to discuss the change in cost of paper bags: is that all retail or specifically grocery? Myers .030 pertains to all retailers. • Wooten – Under .035 we are requiring food service providers charge a fee for takeout up to $1? Ingram – yes, because when you make it voluntary, it puts them in a competitive struggle. It’s better to make it a requirement so they aren’t the bad guys. • Wooten – Asked if right now there is no charge for cups? Myers correct. Wooten-What are other cities doing in Monterey County? Ingram Monterey isn’t doing it, Seaside isn’t but they are doing other restrictive things. It’s done in SFO and is very successful. • Pineda Tibbs-currently in Pacific Grove some places are giving a credit of .25. • McKenna-There isn’t a clear alternative for to-go containers, there is not a clear alternative as there is for a reusable cup.
• Ingram- Stated it was discussed, and that this sets up for motivating reusable systems and encouraging people to eat at the restaurants or order there and bring your own containers so they can use them. It’s not a perfect system but it sets up an alternative. • Myers – In discussion, we felt that not exclude containers from a fee seemed more arbitrary when they pose the same problems as any container. • Pineda Tibbs- Added that AB619 passed July 2019, that allows reusable containers to be filled by food service providers and this sets up support for that over “compostable” PLA, these products have proven to be problematic in the composting process and renders the compost unusable for agriculture. Moving to reusable option is a more sustainable alternative for our community and larger county. • Green - Stated that this penalizes delivery and adds an extra fee on top of delivery, correct? Ingram-Correct, it will be an additional fee for delivery, but it will be setting up reusables as an option. It’s not a perfect system.

ACTION: Motion- McKenna moved to send this to council as suggested. Myers 2nd, vote 7-0 approval
c) Trees on private property
Reference: Cathy Wooten, BNRC Chair
Recommended Action: The subcommittee recommends the BNRC pursue development of a program to encourage planting of trees on private property Public Comments
• V Tuminello- commented about free trees given away at events like Good Old Days that kids planted, many trees were planted around town and off 17th St. • A Preece- thanks to commissioners, this is creative. Would recommend the list of trees species be native, and offered assistance for planting info, Monterey cutting day offers trees, etc.

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• K Akeman -Asked if there was a way that condos and other development that shows trees in the architectural renderings but do not plant them. It would be nice to have trees with the benches that are out in the hot sun.

Commissioner Comments
• McKenna- Stated that the City has lists and would like there to be consistency. In addition, watering will be an issue and access to the reclaimed water would be helpful. • Vierneisel- Commented that the tree list is focused on native trees and that it’s almost mandatory that they be native as there could be issues with exotic requests. • Wooten- Concerned with the size of native trees for those yards that are small. Natives can be made a priority because of water requirements.
• Ingram – questioned considering putting native bush/trees? Wooten- That is why arbutus was mentioned, because they are smaller.
• Public Outreach Discussion:
o Mentioned events like Arbor Day Good Old Days, Butterfly Days, additionally an ambassador program to talk with neighbors, or school newsletters, city managers report, city social media, city Instagram. Fall is best time to plant so this is a time to inform the public. Check with arborist for timeframe. Weekends should be included in giveaways so that students and weekday workers can contribute. Center community and community resources like the library for a pickup place. Museum could be a partner in this too.

ACTION: Motion
d) City Planted Tree List
Reference: Daniel Gho, Public Works Director/ Deputy City Manager Recommended Action: Receive Report
Public Comments
• T Akeman - Clarified that name is misspelled, the GWP tree plantings came from 50 people with cooperation by PW staff, attribute this to BNRC tree subcommittee • L Ciani – Thanked GWP subcommittee, great to see the tree list, would like more Monterey Cypress west of town, thank you.

Commissioner Comments
• Wooten – Would like to make sure that we give the Akemans thanks for the work that they have done.
• Green- Would also like to know how many trees are still there from the list. Gho responded that memorial trees are replaced when they die, but we could look at the others in the future
• Vierneisel – Thanked Gho for the list, drove around to see several and didn’t see any dead trees yet.

Wooten stated that time will warrant moving discussion of goals to be moved to another meeting until November meeting.

Public Comment from J Haines- Objected to continuation of the goals and wanted to speak the minutes. Addressing the Monarch Sanctuary subcommittee, the council has not heard anything about Dr. Sinicropi’s concerns about the management of the sanctuary, he has also recommended an independent comparison of Weiss’ and his research.

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e) BNRC Goals (moved to November)
Reference: Cathy Wooten, BNRC Chair
Recommended Action: Receive Report
Public Comments
• Comments Written (4): General- J Haines, Climate Action- Councilmember Coletti (2), Monarch Sanctuary- J Haines
8) NEXT MEETING: Special Meeting on Wednesday, October 12th, 4pm 9) ADJOURNMENT at 5:23pm:

McKenna Motion, Vierneisel 2
nd, Approval 7-0
Submitted by Colleen Ingram, Secretary
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Agenda No. 10 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Vincent Garcia, Administrative Technician
MEETING DATE: December 7, 2022
SUBJECT: Traffic Safety Commission Meeting Minutes: November, 22 2022 CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive minutes.

Attachments
TSC Minutes
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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: Bill Peake, Mayor
MEETING DATE: December 7, 2022
SUBJECT: Mayor Pro Tempore
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Select a Mayor Pro Tempore in accordance with the Charter through

DISCUSSION
Article 11 of the Charter of the City of Pacific Grove states: “The Council shall choose one of its members to serve as Mayor pro tempore during the absence of the Mayor.

By precedent a process of open nominations occurs. Nominations do not require a second. After nominations are made, a motion is made to close nominations. Thereafter, a roll call vote (requiring 4 affirmative votes) is used to select the Mayor Pro Tempore.

OPTIONS
None.

FINANCIAL IMPACT:

There is no fiscal impact.

GOAL ALIGNMENT: Not Applicable.

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Agenda No. 13 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Luke Coletti, Councilmember
MEETING DATE: December 7, 2022
SUBJECT: Mayor Pro Tempore Role and Appointment
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Direct the City Attorney to return with a draft ordinance to amend Chapter 2.05 of the Pacific Grove Municipal Code codifying the role and appointment of the Mayor pro tempore.

DISCUSSION
The Pacific Grove Charter, in Article 11, currently provides, in part: “The Council shall choose one of its members to serve as Mayor pro tempore during the absence of the Mayor.” Charter Article 11 does not compel the selection of a Mayor pro tempore until such time as the Mayor is absent. However, there will always be interest in holding the honorific, even when the Mayor is present and able.

No specific implementation regarding the role and appointment of the Mayor pro tempore is currently provided in the Pacific Grove Charter, the Municipal Code, or in Council Policies.

Codifying the role and appointment of the Mayor pro tempore supports compliance with Charter Article 11, and better defines Council’s organizational structure.

The proposed ordinance does not constitute a Project as that term is defined by Section 15378 of the California Environmental Quality Act (CEQA) as it is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment.

OPTIONS
Provide alternate direction.

FINANCIAL IMPACT:

There is no fiscal impact related to enactment of the Ordinance.

GOAL ALIGNMENT: Transparency, Accountability and Communication: Implement PGCC 12-7-22

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

Attachments
Proposed Ordinance
Proposed Council Policy
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- 1 -
Ordinance – PGMC Chapter 2.05 – Mayor Pro Tempore
ORDINANCE NO. 2023 -

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF PACIFIC GROVE AMENDING
CHAPTER 2.05 OF THE PACIFIC GROVE MUNICIPAL CODE
CODIFYING THE MAYOR PRO TEMPORE’S ROLE

AND APPOINTMENT
FACTS

1. The City of Pacific Grove became a Charter City on April 22, 1927.

2. The Pacific Grove Charter, in Article 11, currently provides, in part: “The Council shall choose one of its members to serve as Mayor pro tempore during the absence of the Mayor.”

3. No specific implementation regarding the role and appointment of the Mayor pro tempore is currently provided in the Pacific Grove Charter, the Municipal Code, or in Council Policies.

4. Codifying the role and appointment of the Mayor pro tempore supports compliance with Charter Article 11, and better defines Council’s organizational structure.

5. The Pacific Grove Municipal Code (PGMC) sets forth rules regarding Administration and City Government in Title 2. Chapter 2.05 sets forth processes related to the Mayor.

6. This ordinance does not constitute a Project as that term is defined by Section 15378 of the California Environmental Quality Act (CEQA) as it is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment.

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

SECTION 1. Facts.

The facts set forth above are true and correct and are adopted as findings of the City Council as though set forth fully within the body of this ordinance.

SECTION 2. Amendment of Pacific Grove Municipal Code to Add Section 2.05.050 Section 2.05.050 Mayor pro tempore role and appointment (a) Pursuant to Article 11 of the city charter the Council shall choose one of its members to serve as Mayor pro tempore during the absence of the Mayor.

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Ordinance – PGMC Chapter 2.05 – Mayor Pro Tempore
(b) The Mayor pro tempore shall act as Mayor during the absence or disability of the Mayor and shall possess the powers and discharge the duties of the Mayor during such absence or disability only; provided, however, that the Mayor pro tempore shall have no authority to appoint persons to serve on any City Board, Committee, or Commission.
(c) At the meeting at which the declaration of the election results for a general municipal election is made, the City Council shall by election appoint one of its members as Mayor pro tempore, who shall serve in such capacity at the pleasure of the City Council. The procedure for nominating the Mayor pro tempore shall be prescribed by City Council Policy.
(d) If the Mayor and the Mayor pro tempore are absent from a meeting, the City Council shall elect an attending member to preside over such meeting.

SECTION 3. Interpretation.

This Ordinance shall be liberally construed to implement its purposes.

SECTION 4. Severability.

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. Effective Date.

In accord with Article 15 of the City Charter, this ordinance shall take effect thirty (30) days following adoption on second reading by the City Council.

SECTION 6. No Sunset Date.

This ordinance shall have continuing effect and shall not expire.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE THIS ____ day of ____________, 2023, by the following vote:

AYES:

NOES:

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Ordinance – PGMC Chapter 2.05 – Mayor Pro Tempore
ABSENT:

APPROVED:
____________________________
BILL PEAKE, Mayor
ATTEST:
_________________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_________________________________
BRIAN PIERIK, City Attorney
U:\GENERAL (NEW)\City of Pacific Grove\Ordinances\Mayor Signature Ord\Contract Signature Ordinance - (draft).doc PGCC 12-7-22

City of Pacific Grove, California
City Council Policy
Policy Governing Policy No. Effective Date Page
Nomination of the Mayor Pro Tempore 000-28 1 of 1
PURPOSE:

This policy establishes the nomination procedure for appointing the Mayor pro tempore.

POLICY & PROCEDURE:

1. Nomination of the Mayor pro tempore
Pursuant to PGMC Section 2.05.050(c) The procedure for nominating the Mayor pro tempore shall be prescribed by City Council Policy.

2. Nomination Procedure
• The choice of Mayor pro tempore must be by four (4) affirmative votes. • Any single Councilmember can nominate another member, including themself, to be chosen as Mayor pro tempore.
• Multiple nominations can be made, until a motion to close nominations is made, and seconded, and receives a majority vote.
• Upon the close of nominations, Councilmembers – by roll call – are asked to cast a single vote by the name of a candidate.
• If one nominee receives four (4) affirmative votes, that person is deemed chosen as Mayor pro tempore.
• If no single candidate receives four (4) affirmative votes, a new round of nominations is made, and the process is repeated until one candidate receives four (4) affirmative votes.

Adopted ______________ - Minute Motion
Amended _____________ – Minute Motion
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Agenda No. 13 C

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Tori Hannah, Administrative Services Director / Assistant City Manager MEETING DATE: December 7, 2022
SUBJECT: Presentation of the Council Goals and Tactics Section of the City's New Transparency Software
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive the presentation.

DISCUSSION
One of the City Council's Goals and Tactics, included establishing a Council Subcommittee to review financial reporting options, determine the best location to publish or access documents; and identify any changes to the City's existing financial transparency site. On October 20, 2021, Mayor Peake and Council Member Poduri were selected to work with staff to achieve this objective.

At the Council Meeting on February 16, 2022, the Subcommittee provided a summary of meeting dates, results from an online survey, and recommendations. This included a recommendation to transition from the City's current financial transparency site to a new provider, ClearGov. This software package is intended to provide the public with information in an easier to understand and more accessible format.

In addition to providing budgetary and actual financial data, the ClearGov software includes the following features:

Check register with the ability to search by vendor and date; and the capability to download the selected data
Information and status updates on capital projects
Dashboard for tracking the status of Council Goals and Tactics A brief overview of the Council Goals and Tactics section of the ClearGov dashboard will be provided at this Council Meeting.

The new transparency site is anticipated to "go-live" on January 2, 2023. A brief presentation of all the software features will be provided at a future Council Meeting, as well as an announcement on the City's website. In addition, if there is sufficient interest, staff can host a brief Zoom tutorial on the use of the transparency site.

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OPTIONS
Provide alternate direction
FINANCIAL IMPACT:

There is no fiscal impact associate with receiving this report.

GOAL ALIGNMENT: Financial Stability: Develop a strategic plan to better address current and future City expenditure and revenue needs.

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Agenda No. 13 D

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Bill Peake, Mayor
MEETING DATE: December 7, 2022
SUBJECT: Council Goals 2023-2024
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Appoint members to 2 subcommittees to draft Council goals for 2023-2024.

DISCUSSION
As per Council Goals Policy 000-26 following a general election the newly elected Council will prepare a set of Council goals and accompanying strategies during the first quarter, i.e. January 1 – March 31.

Council goals provide direction to City staff for creation of a work plan. Goals also form the basis for priorities within the City's spending plan - the adopted annual fiscal year budget.

It is anticipated that Council will have an initial goal setting meeting during January-February.

Subcommittees can bring draft goals to a meeting of the full Council and make that meeting more productive.

OPTIONS
None.

FINANCIAL IMPACT:

There is no fiscal impact.

GOAL ALIGNMENT: Not Applicable.

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Agenda No. 13 E

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Ben Harvey, City Manager
MEETING DATE: December 7, 2022
SUBJECT: Small Business Recovery Action Plan
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive the report, and provide the Economic Development Commission with feedback regarding the report's recommendations.

DISCUSSION
At their meeting of November 10, 2022, the Economic Development Commission (EDC) received the City of Pacific Grove Small Business Recovery Action Plan (attached), presented by Barry Foster and Kirstin Hinds of HdL ECONSolutions, the City's economic development consultants. The report contains an analysis of the health of the local business economy in the wake of the Covid-19 global pandemic, data regarding Pacific Grove sales tax revenue, and recommendations for local small business recovery. The EDC recommended that HdL ECONSolutions present the report to the City Council at its December 7, 2022 meeting, so that the City Council may provide the EDC with any feedback regarding the report's recommended goals (see pages 8-10 of the attached report).

OPTIONS
Receive the report, but decline to provide the Economic Development Commission with any feedback regarding the report's recommendations.

FINANCIAL IMPACT:

There is no financial impact in receiving the report.

GOAL ALIGNMENT: Facilitate Local Business Recovery: Review and revise existing policies and programs and develop a strategic plan to better serve existing businesses.

Attachments
Small Business Recovery Action Plan
PPT
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1 City of Pacific Grove, CA
Small Business Recovery Action Plan
Development Driven by Data
ECONSolutions by HdL
120 S. State College Blvd., Ste 200
Brea, CA 92821
www.hdlcompanies.com
www.ECONSolutionsbyHdL.com
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www.hdlcompanies.com  714.879.5000
December 2022 City of Pacific Grove Small Business Recovery Action Plan 2

OBECTIVE
HdL Companies prepared this Small Business Recovery Action Plan (SBRAP) to provide an understanding of how the COVID-19 Pandemic impacted Pacific Grove’s local businesses, and how Pacific Grove can assist and guide local small businesses in their recovery. In 2020, the HdL ECONSolutions Division of HdL Companies drafted an Economic Recovery Action Plan (ERAP) in response to the COVID-19 Pandemic, which provided recommendations to help the local economy near the start of the Pandemic. Since the preparation of the 2020 ERAP, there have been several different strands of COVID-19, vaccines were made available to most of the public, and cities have been attempting to adapt to a “new normal.” Because of these changes over the last few years, the SBRAP examines data from pre-pandemic through current day, Pacific Grove’s fiscal year 2022, ending June 30, 2022, and it gives an overview of the impacts that Pacific Grove and the Monterey County region have experienced during this time period. HdL also recommends a variety of realistic and achievable action items to help Pacific Grove’s small businesses recover from short and long-term impacts experienced from the COVID-19 Pandemic.

CITY OF PACIFIC GROVE
The City of Pacific Grove’s population is 15,256, which makes up 3.5% of the total population of Monterey County.

Pacific Grove has a lower daytime population than nighttime, at 13,535, indicating that a portion of residents work outside of the city limits. There are 7,155 households, with an average household income of $121,517. Pacific Grove’s average household income is 18% higher than the Monterey County household income. The average age of Pacific Grove residents is 46.1, and about 56% of residents have a college degree or above.

Pacific Grove’s Business Community
In addition to understanding local demographics and market analytics, the existing makeup of a local business community can help identify opportunities and challenges present in a community. The City of Pacific Grove hosts a diverse business community with small, locally owned retail stores, markets, and restaurants, as well as professional services such as real estate, legal/attorneys, accountants, and management consulting. There are also a number of well-known retail employers, such as Lucky, Subway, Trader Joe’s, Safeway, Rite Aid and Domino’s Pizza.

Pacific Grove has a few popular and successful shopping areas including a wide variety of retailers and restaurants in Downtown Pacific Grove (located on Lighthouse Avenue) and Fairway Shopping Center (located on Forest Avenue). These centers provide a nice variety of retailers that are authentic to the city, allowing for consumers to obtain exclusive goods and exceptional services.

Another successful and prominent business feature within Pacific Grove is the many bed and breakfast inns that are available to individuals who wish to vacation within the beautiful community. Considering many of these establishments are historic Victorian Style Homes, with many within walking distance of both the Downtown and Ocean View Avenue, customers are receiving an unforgettable lodging experience.

Sources: datausa, city-data.com, census.gov, City of Pacific Grove, scag.ca.gov, Zillow.com, redfin.com INSIGHT Market Analytics PGCC 12-7-22

www.hdlcompanies.com  714.879.5000
December 2022 City of Pacific Grove Small Business Recovery Action Plan 3

The American Tin Cannery was once a lively shopping center with a variety of retail stores for residents and visitors to see, though many of the stores have closed over the last several years. In 2021, a developer proposed a significant redevelopment project, referred to as the American Tin Cannery hotel project. This proposed project would redevelop the nearly 6-acre American Tin Cannery shopping center into a 225-room, two-wing, four-star hotel. The space would include 20,000 square feet of retail, a restaurant, and lounge and meeting spaces. In January 2022, the project was approved by the Pacific Grove City Council with a 6-1 vote, however, the California Coastal Commission halted the project due to an appeal by two of the commissioners. As of September 2022, there has not been a date released for the consideration of the appeal of the American Tin Cannery hotel project, and therefore the timeline for the project is unknown at this time.

THE COVID-19 PANDEMIC
The COVID-19 Pandemic will have broad and long-lasting impacts, as it accelerated and amplified many existing trends and conditions. On March 11, 2020, the World Health Organization declared COVID-19 a Pandemic.

California State Governor Gavin Newsom’s Executive Order N-33-20 (Stay-at-Home Order) was issued about a week later on March 19, 2020, requiring all Californians to stay home or at their place of residence, except for certain workers who were deemed essential. COVID-19 has caused significant and direct impact to nearly every aspect of people’s lives, including the physical, social, and economic well-being of California cities, residents, and especially businesses. During most of 2020 and throughout 2021, impacts of the Pandemic and the necessary shelter in place orders included severely limited economic and social activities, surging unemployment claims, declines in revenue from sales tax, transit occupancy (hotel) tax, and other local government revenues. Between the COVID-19 Pandemic and the aforementioned actions taken by local, state, and federal officials to protect health and promote safety, there has been dramatic shifts in social and lifestyle perspectives.

Downtown Pacific Grove American Tin Cannery
Fairway Shopping Center
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www.hdlcompanies.com  714.879.5000
December 2022 City of Pacific Grove Small Business Recovery Action Plan 4 As of late September 2022, 11.23 million COVID-19 cases have been confirmed and reported in the State of California with a death toll of over 95,000. Monterey County had over 114,000 confirmed cases and 783 fatalities.

As of Spring 2021, COVID-19 vaccinations were made available. By September 2022, nearly 85% of California residents have received at least one vaccine shot, and 74% have been fully vaccinated and many have received booster shots. The vaccinations are said to significantly decrease adverse reactions to COVID-19, yet almost 26% of California residents have yet to be fully vaccinated. To analyze the impact that COVID-19 has had on the local Pacific Grove economy, the following examines unemployment rate and job losses, housing stock and prices, as well as changes in general consumer activities. Source: https://covid19.ca.gov/ Unemployment Rate, Housing Prices, and Consumer Price Index There are approximately 4,300 jobs situated in the City of Pacific Grove. As of August 2022, the Pacific Grove unemployment was at 4.9%, which is nearly one-third the rate in August 2021 (7.1%) and almost half of the rate in August 2020 (9.4), indicating that employment rates are doing much better than the first two years of the COVID-19 Pandemic. The home index values rose 19% from July 2021 to July 2022, and the average median home price listing from January to August 2022 is around $1.4 million. The Pacific Division (Alaska, California, Hawaii, Oregon, and Washington) Consumer Price Index (CPI) increased by 7.6% from August 2021 to August 2022. The CPI is a measure of the average change in prices over time in a fixed market basket of goods and services, and an increase reflects price inflation.

Business Impacts
Due to a variety of reasons, many businesses experienced continued or periodic closures into 2022 after the necessary 2020-2021 closures for health and safety. Businesses throughout California saw a drop in sales of products and services that may have lasting impacts. Sales tax revenues have mostly gone back up to prepandemic numbers in 2022 throughout California, but that is not a clear indicator of how well small businesses are recovering.

Common economic influences across tax generating groups, outside of the necessary stay at home orders, include the shift to online-shopping, supply chain disruptions, manufacturing slowdowns and employment/labor shortages. Additionally, local businesses have been impacted by higher labor and raw material costs along with inflationary pressures that drive taxable goods prices upward. Small, locally owned businesses were some of the hardest hit businesses, particularly restaurants and retailers, by the aforementioned economic influences. A large number of small, independently owned businesses are not back to pre-pandemic cash flow and required revenue margins.

SALES TAX REVENUE
HdL is a leading sales tax consultant in the State of California (including for Pacific Grove), and we are continually tracking trends that will affect sales tax revenue for the nearly 400 local governments that we serve. In January 2022, HdL Companies released their 2021 Consensus Forecast for California Sales Tax Trends and Economic Drivers, examining sales tax for seven major industry groups. The change in consumer activity and the “new normal” that were exacerbated by COVID-19 had a negative impact on sales tax revenue for California cities in 2020 and 2021. However, by the end of early 2022, there was an increase in sales tax throughout the State of California.

Sources: scag.ca.gov, Zillow.com, redfin.com INSIGHT Market Analytics PGCC 12-7-22

www.hdlcompanies.com  714.879.5000
December 2022 City of Pacific Grove Small Business Recovery Action Plan 5 In June 2022, HdL released a consensus forecast using quarter 1-2022 sales tax data. Notably, taxable sales continue to expand in 2022, despite high inflation, rising interest rates, and lower consumer sentiment. High percentage increases also continue to reflect the rebound effect as the State of California recovers from the COVID-19 Pandemic. Statewide, ongoing COVID-19 Pandemic impacts such as supply chain disruptions, manufacturing slowdowns and employment shortages had, and continue to have, a significant effect on sales tax revenue. Consumer trends have also impacted sales tax revenue due to the aforementioned COVID-19 impacts, a shift in lifestyle perspectives, and growing opportunity for online merchandise.

City of Pacific Grove Sales Tax Revenues
The City of Pacific Grove’s Fiscal Year (FY) 2021-22 Sales Tax Revenue increased 22.6% from FY 2020-21 ($1.6 and $1.3 million, respectively). Pacific Grove did experience decreases in sales tax revenues during the Pandemic, with a 7.2% decrease in sales tax revenue for FY 2020-21 compared to 2019-20, and a nearly 10% decrease in sales tax revenues from FY 2018-19 to 2019-20.

The decreases experienced during the COVID-19 Pandemic were likely due to the impacts of the temporary and permanent business closures and lack of business and leisure travel that occurred in 2020 and 2021, along with supply chain and manufacturing disruptions and employment/labor shortages. The FY 2021-22 total sales tax revenues were 3% higher than pre-pandemic revenues in FY 2018-19. Overall, there was a 12% increase in sales tax revenues from FYs 2017 to 2022.

Major Sales Tax Producing Industry Groups
The total sales tax revenue for FY 2021-22 (excluding State and County Pools) was $1.6 million. The top five of seven major sales tax producing industry groups in Pacific Grove include:

1. Restaurants and Hotels: $565,807

2. Building and Construction: $393,504

3. Food and Drug: $253,702

4. General Consumer Goods: $198,231

5. Fuel and Service Station: $161,580
$1,464,804
$1,522,484
$1,591,297
$1,439,105
$1,335,197
$1,637,474
$- $500,000 $1,000,000 $1,500,000 $2,000,000
FY 2016-17
FY 2017-18
FY 2018-19
FY 2019-20
FY 2020-21
FY 2021-22
Total Sales Tax Revenue for Pacific Grove
FY 2017-2022
PGCC 12-7-22

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December 2022 City of Pacific Grove Small Business Recovery Action Plan 6

1. Restaurants & Hotels: $565,807
Restaurants & Hotels make up the biggest percentage of Pacific Grove’s sales tax revenue, at 34.6%. For this category, Pacific Grove experienced a 50% increase in sales tax revenues by the end of FY 2022, after seeing a 23% decrease from 2020 to 2021. Some restaurants saw an increase in revenues from 2020 to 2021 ranging from 5% to over 50%, while others continued to see a decrease. Higher rates of business and tourist travel will keep the growth rate high for 2021-2022.

Quick service and casual dining establishments are the dominant tax-producing segments within the general restaurant industry, which likely won’t change in the near future. In Pacific Grove, casual dining, fine dining, and quick service restaurants, and fast-casual restaurant locations make up 31.8% of all sales tax revenues. Of the top 25 sales tax producing businesses listed below, 11 fall within a restaurant business type category.

2. Building & Construction: $393,504
Building & Construction is the second largest sales tax producer in Pacific Grove, making up 24% of total sales tax revenues. By end of 2022, Building & Construction sales tax revenues increased by 16% from 2021. Sales tax revenue from Building & Construction was seemingly only slightly affected by the COVID-19 Pandemic as there was just a 2% decrease from 2019 to 2020 and then sales tax revenues for the industry category increased by 10% from FY 2020 to 2021. This could likely be related to several larger construction projects, such as the condo building at 520-522 Lighthouse Ave. Building & Construction tax revenues are forecasted to flatten across the State in in in late 2022 followed by moderate growth thereafter.

3. Food & Drug: $253,702
The Food & Drug industry makes up 16% of Pacific Grove’s sales tax revenue; revenues for Pacific Grove have stayed relatively consistent in Pacific Grove, though the 2022 revenues were only a few $100 greater than revenues in 2021. Statewide, the Food & Drug category has shown modest improvement since 2020, around a 1% increase. Consumers are moving towards shopping for groceries and medicine with apps, changing the way that sales tax is distributed. This trend is projected to continue, thus investment in digitized solutions, low cost delivery options, and inventory optimization could help merchants maintain the bottom line and offset price pressures.

4. General Consumer Goods: $198,231
Retailers were negatively impacted during 2020, leading to a decrease in General Consumer Goods sales tax revenue. Pacific Grove experienced a 6.8% decrease in revenue from general consumer goods from 2020 to 2021.

HdL estimates a nearly 12%
increase in revenues in FY 2022 as
tax revenues showed an increase
in late 2021. However, as
consumer behavior and
technology shift more to ecommerce, the outlook for place of sale transactions Statewide
should be subdued. The cost of
taxable goods is expected to rise
faster than sales, and tax receipts
could revert to the conventional
growth rate of 1-2%.
1%
24%
3%
15%
10%
12%
35%
Major Business Categories as a Percent of Total Sales Tax Revenue in Pacific Grove
Auto and Transportation
Building and Construction
Business and Industry
Food and Drug
Fuel and Service Station
General Consumer Goods
Restaurant and Hotels
PGCC 12-7-22

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December 2022 City of Pacific Grove Small Business Recovery Action Plan 7

5. Fuel & Service Stations: $161,580
Fuel & Service Station sales tax revenues increased by 30% from 2021 to 2022, as prices and demand for fuel has significantly increased with an increase in business and leisure travel. California gas prices reached a high $6.30 in June 2022, though prices have since gone down statewide by about $1. Pacific Grove’s Fuel & Service Station revenues decreased by less than 1% in FY 2021. Short-term gains are projected as more people are travelling for work and pleasure. This is anticipated to be followed by long-term annual escalations of 2%. 6&7. Business & Industry and Auto & Transportation
The Business & Industry and Auto & Transportation groups make up only a small portion of the total sales tax revenue for Pacific Grove. The Business & Industry makes up only 2.7% of overall sales tax revenue for Pacific Grove, and Auto & Transportation makes up 1.2%. There was a 48% increase from FY 2021 to 2022 for Business & Industry, but only a 1.3% increase for Auto & Transportation. Auto & Transportation tax revenues do not greatly impact Pacific Grove as this category makes up a small percentage of total tax revenues. The Business & Industry category in Pacific Grove had the largest decrease in sales tax revenue of 27.4% for FY 2021 versus 2020 as the state was, and continues to, struggle with Pandemic-related challenges like raw material and qualified worker shortages. Fulfillment centers heavily influenced growth through online sales and the continued shift of taxes from countywide pools to agencies with these in-state facilities.

Top 25 Sales Tax Producing Businesses
(listed in alphabetical order)
 Ace Hardware
 Asilomar Conference Center
 Beach House at Lovers Point
 Fandango
 Fishwife
 Forest Hill Shell
 Grill at Point Pinos
 Hayward Lumber
 Home Lighter
 Il Vecchio
 International Cuisine
 Julia's Vegan & Vegetarian Restaurant
 Lucky
 Mum's Place
 One Stop Chevron Gas & Food Mart
 P G 89 Smog & Auto Repair
 Pacific Grove Shell
 Passionfish
 Peppers Mexicali Café
 Rite Aid
 Safeway
 Trader Joe’s
 Visions Design Center
 Vivolos Chowder House
 Wild Fish Restaurant
The FY 2022 top 100 sales tax producers in Pacific Grove, representing 94.36% of all sales tax producers, increased by 26% from FY 2020-21. The following businesses make up the top 25 sales tax producing businesses in Pacific Grove, which represents about 62% of total sales tax revenues. The top 25 businesses fall into the top five major sales tax producing industry groups, including:
 Restaurant & Hotels (12): Casual dining, fine dining, food delivery/catering  Building & Construction (3): Building materials, plumbing/electrical supplies, contractors  Food & Drug (5): Grocery stores, drug stores
 General Consumer Goods (1): Home furnishings
 Fuel & Service Station (4): Service stations
PGCC 12-7-22

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December 2022 City of Pacific Grove Small Business Recovery Action Plan 8

PACIFIC GROVE LOCAL RECAP
Pacific Grove City staff and Chamber of Commerce representatives have spoken with a variety of businesses over the past 2 ½ years and many have echoed the sentiments heard throughout the State of California regarding challenges and opportunities experienced as a consequence of the COVID-19 Pandemic. Business owners in Pacific Grove are seeing the effects of supply chain disruption through delays of shipping goods; timeframes of delivery are not back to normal, causing disruptions to local businesses’ abilities to operate as they normally would. Additionally, costs have risen exponentially for products. While sales tax numbers are getting back to pre-pandemic levels, the high cost of doing work is hurting businesses. Some local businesses are continuing to experience staffing issues. For example, some are experiencing a lack of good staffing. Some are having issues with staff shortages; scheduling staff is unpredictable and if one staff person calls in, it is challenging to cover shifts effectively. Additionally, it has been a challenge to recruit and fill qualified management positions. Specifically, candidates chosen for management positions from outside of the area decide not to take a job due to housing prices and availability, making recruitment difficult.

There were several local attempts to hold virtual job fairs, but there was little attendance and participation.

While businesses are certainly experiencing hardships, there were a few actions that the City and the Chamber of Commerce took in the last year or so that were helpful to local businesses. The City implemented a Façade Improvement Grant Program in which businesses could apply for up to a $5,000 reimbursement to make improvements to their storefront. There were two phases of the program and funds were drained rapidly as businesses jumped at the opportunity for financial assistance to make improvements to their buildings. The city also streamlined a parklet program during the Pandemic in order to help restaurants expand their outdoor dining.

Lastly, now that the COVID-19 Economic Injury Disaster Loan (EIDL) and Paycheck Protection Program (PPP) loans are finished, Employee Retention Tax Credits (ERTC) are stepping up to help businesses financially. The Chamber is working with their partners at the Monterey County Business Council (MCBC) on identifying Pacific Grove businesses that would be good candidates for these funds.

RECOMMENDATIONS FOR SMALL BUSINESS RECOVERY
Cities must proactively work with their small businesses to successfully assist local businesses to recover from the significant challenges they have encountered as a consequence of the COVID-19 Pandemic. The following are realistic and achievable recommendations for Pacific Grove to consider in helping their business communities to recover in the short and long-term.

1. Establish a 1-day/week Economic Development Coordinator. This has already been completed within the FY 2022-23 budget. The City Planner has been designated as the Economic Development Coordinator and began holding “Business Wednesdays” each week in August 2022. This position will focus their time on “all things business” that day and reserve the planning functions for the other days of the week. To gauge effectiveness of the 1-day/week Economic Development Coordinator, we recommend tracking time spent on the economic development related projects and at the end of the first year evaluating if more time is needed or the 1-day is still sufficient.

2. Launch a dedicated Economic Development webpage (URL: PickPG.org), in partnership with the Pacific Grove Chamber, and with input from the Economic Development Commission, to launch by end of 2022. The website should be continuously monitored and updated with relevant information to help existing businesses thrive and to seamlessly invite potential businesses into the community.

PGCC 12-7-22

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December 2022 City of Pacific Grove Small Business Recovery Action Plan 9

3. Continue the City’s Façade Improvement Program. The Economic Development Commission should budget money for the Façade Improvement Program annually and continue to monitor the program guidelines to keep it as successful as it has been and more.

4. Continue the City’s successful Parklet Program. The city streamlined permits for the Parklet Program due to the need to allow for additional outdoor seating at restaurants. It’s recommended that city staff bring updated standards to the City Council for approval by end of 2022.

5. Create a music series event for 2023 in partnership with the Chamber of Commerce. Some of the more successful downtowns in the State of California host events, such as music, that bring residents and visitors into the community. This works especially well when local businesses can be involved in the planning to maximize the visibility for businesses.

6. Create a restaurant event series for 2023 in partnership with the Chamber of Commerce and local restaurants. This could be in the form of two or three seasonal restaurant week events, or a wine or beer walk.

There was an active Pacific Grove Restaurant Week website and Facebook Page, but neither have been updated since 2019 and 2021, respectively. It appears that the last restaurant week was in 2019, more than a year before the Pandemic. Now that restaurants are able to stay open, and many Pacific Grove restaurants have expanded outdoor dining options, this would be a low-effort way to support and promote local restaurants in Pacific Grove.

7. Create a Shop Local program, including a Digital Gift Card program with Yiftee to assist small independently owned local businesses. Yiftee worked with more than 100 of California local governments to build a Digital Gift Card program to encourage people to shop at small, locally owned businesses. Many local governments are using American Rescue Plan Act funds to add bonus programs. This has proven to be extremely successful, though not required to create the program.

8. Design Shop Pacific Grove banners to be installed in Downtown Pacific Grove and the Fairway Shopping Center on Forest Avenue. This is a popular and effective placemaking effort that helps create a sense of place in a city or a specific commercial district. The moderate California climate helps with the longevity of the banners, as well, making it so they only need to be changed out every few years or so.

9. Initiate a Business Visitation Program to have the City Manager, Economic Development Coordinate/City Planner, and Chamber of Commerce CEO and Chairperson of the Economic Development Commission visit two businesses a month to discuss business challenges and opportunities. A Business Visitation Program would help the City stay up to date on challenges and opportunities that local businesses are actually facing.

Ideally this would be a meeting at the various businesses throughout the City, however one positive that came out of the COVID-19 Pandemic is the ease of virtual meetings to encourage the continuation of the monthly meetings with business owners and managers.

PGCC 12-7-22

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December 2022 City of Pacific Grove Small Business Recovery Action Plan 10

10. Hold regular Broker Luncheons for City Staff, the Chamber of Commerce, and an Economic Development Commission representative to meet quarterly with local commercial real estate brokers and property owners.

Similar to the goal of the Business Visitation Program, a quarterly Broker Luncheon would help the city and Chamber of Commerce stay up to date on challenges and opportunities that local brokers, property owners and managers, and real estate professionals are dealing with. These meetings also serve as a unique opportunity for city staff and Chamber representatives to update the groups on projects and programs that may be related to their work.

11. Continue to explore vacant storefront activation programs, including the creation of a Makers Space or Craftsman Collective in a vacant storefront in Downtown Pacific Grove. Use the information gathered from the Request for Information from Small Businesses, Artists, Makers, Entrepreneurs & Commercial Property Owners/Leaseholders Interested in a “Makers Space” or “Craftsman Collective” released in August 2022 to help inform the process. However, since there were limited responses mainly coming from potential small businesses, we recommend doing additional outreach to private leaseholders/developers to gauge interest in type of program.

TRANSFORMING NEXT STEPS INTO ACTION ITEMS
Businesses throughout the State of California have been greatly impacted by the COVID-19 Pandemic, and the City of Pacific Grove’s business community is no exception. While sales tax revenues are rising above pre-pandemic revenues, that is not the only indicator of a healthy local economy. The recommendations above are meant to be realistic and achievable, with proper planning and implementation, in helping the small, locally owned business community recover from the effects of the COVID-19 Pandemic. While all of the recommendations should be considered, the list should be prioritized to identify steps that the City can take in transforming some of the recommendations into action items within the near to short term (6-months to 1-year).

Timeline Recommended Action Items
November 2022  Launch dedicated Economic Development webpage (URL: PickPG.org) December 2022  Staff to bring Parklet Program standards to City Council for review and consideration  Plan and prepare for 2023 quarterly Broker Luncheon events January 2023  Draft and submit plan for a Music and Restaurant Event series in 2023 or 2024  Budget and design the installation of banners in Downtown PG and Fairway Shopping Center February 2023  Establish a schedule for Business Visitation Program to be started immediately March 2023  Host Quarter-1 2023 Broker Luncheon event
June 2023  Host Quarter-2 2023 Broker Luncheon event
July 2023  Begin evaluation of 1-day/week Economic Development Coordinator position, including time spent on economic development projects, to determine if more time is needed September 2023  Host Quarter-3 2023 Broker Luncheon event December 2023  Host Quarter-4 2023 Broker Luncheon event  Evaluate programs and consider expanding in 2024
PGCC 12-7-22

Small Business Recovery Action Plan
City of Pacific Grove
October 2022
PGCC 12-7-22

Small Business
Recovery
Action Plan
Objective
• Examine pre-pandemic through current day
sales tax and market data in Pacific Grove
and the impacts that Pacific Grove and the
Monterey County region have experienced
during this time period.
• Recommend realistic and achievable action
items to help Pacific Grove’s small
businesses recover from short and longterm impacts experienced from the COVID19 Pandemic PGCC 12-7-22

Pacific Grove’s Business Community
• Diverse mix of retail, restaurants,
markets, and professional
services
• Popular shopping areas
(Downtown and Fairway
Shopping Center)
• Successful and unique, historic
bed and breakfast inns for
tourists
• Approximately 4,300 jobs in
Pacific Grove
FPO
American Tin Cannery Downtown Pacific Grove
Fairway Shopping Center
PGCC 12-7-22

The COVID-19 Pandemic
The COVID-19 Pandemic will have broad and long-lasting impacts, as it accelerated and amplified many existing trends and conditions
• Necessary shelter-in-place orders in
2020 & 2021 caused periodic business
closures & drop in sale of products and
services throughout California
• Other common economic influences
across tax generating groups…
• Shift to online-shopping
• Supply chain disruptions
• Manufacturing slowdowns
• Employment/labor shortages.
• Higher labor and raw material costs
Business Impacts
• Small, locally owned businesses were
hardest hit, particularly restaurants,
retailers, and personal service
providers by the above economic
influences
• Sales tax revenues are mostly back to
pre-pandemic numbers in 2022, but
many small, independently owned
businesses are not back to prepandemic cash flow and required revenue margins
PGCC 12-7-22

City of Pacific Grove Sales Tax Revenues
Total Sales Tax Revenue for Pacific Grove FY 2017-2022
• 3% increase from pre-pandemic FY18-19 total sales
tax revenues to FY 21-22 revenues were 3% higher
• 12% increase in sales tax revenues from FY 2017 to
2022
• 22.6% Increase from Fiscal Year 21-22 from FY 20-
21 • 7.2% decrease in sales tax revenue for FY 20-21
compared to 19-20, and a nearly 10% decrease in
sales tax revenues from FY 18-19 to 19-20
• Causes of sales revenue decreases likely included
the temporary and permanent business closures,
lack of business and leisure travel that occurred in
2020 and 2021, supply chain and manufacturing
disruptions and employment/labor shortages
FPO
$1.46
$1.52
$1.59
$1.44
$1.34
$1.64
$0.00 $0.20 $0.40 $0.60 $0.80 $1.00 $1.20 $1.40 $1.60 $1.80 FY 2016-17
FY 2017-18
FY 2018-19
FY 2019-20
FY 2020-21
FY 2021-22
Millions
PGCC 12-7-22

Major Sales Tax Producing Businesses
Restaurants and Hotels: $565,807
Building and Construction: $393,504
Food and Drug: $253,702
General Consumer Goods: $198,231
Fuel and Service Station: $161,580
Business & Industry: $45,025
Auto & Transportation: $18,473
FPO
Auto and Transportation, 1.2%
Building and
Construction,

24.0%
Business and
Industry, 2.7%
Food and
Drug, 15.5%
Fuel and
Service
Station, 9.9%
General
Consumer
Goods, 12.1%
Restaurant
and Hotels,

34.6%
PGCC 12-7-22

Top 25 Sales Tax Producing Businesses in PG
(listed in alphabetical order)
• Ace Hardware
• Asilomar Conference Center
• Beach House at Lovers Point
• Fandango
• Fishwife
• Forest Hill Shell
• Grill at Point Pinos
• Hayward Lumber
• Home Lighter
• Il Vecchio
• International Cuisine
• Julia's Vegan & Vegetarian Restaurant
• Lucky
• Mum's Place
• One Stop Chevron Gas & Food Mart
• P G 89 Smog & Auto Repair
• Pacific Grove Shell
• Passionfish
• Peppers Mexicali Café
• Rite Aid
• Safeway
• Trader Joes
• Visions Design Center
• Vivolos Chowder House
• Wild Fish Restaurant
PGCC 12-7-22

Recommendations for Small Business Recovery
• The City Planner was designated as the
Economic Development Coordinator, and
weekly “Business Wednesdays” began in
August 2022 (approved for the FY 22-23
budget)
• ED Coordinator will focus their time on “all
things business” 1-day/week and reserve the
planning functions for the other days of the
week
• Track time spent on the economic
development related projects and at the end
of the first year evaluating if more time is
needed or the 1-day is still sufficient
Establish a 1-day/week Economic
Development Coordinator
• Develop in partnership with the Pacific
Grove Chamber, and with input from the
Economic Development Commission, to
launch by end of 2022
• The website should be continuously
monitored and updated with relevant
information to help existing businesses
thrive and to seamlessly invite potential
businesses into the community
• URL: PickPG.org
Launch a dedicated Economic
Development webpage
PGCC 12-7-22

Recommendations for Small Business Recovery
• The Economic Development
Commission should budget money for
the Façade Improvement Program
annually and continue to monitor the
program guidelines to keep it as
successful as it has been and more
Continue the City’s Façade
Improvement Program.
• Continue to streamline permits for the
Parklet Program due to accommodate
outdoor dining
• Prepare updated standards for
approval by end of 2022
Continue the City’s successful
Parklet Program.

PGCC 12-7-22

Recommendations for Small Business Recovery
• Partner with the Chamber of Commerce to develop the music series & involve local businesses in the planning
• Some of the more successful downtowns in the State of California host events, such as music, that bring residents and visitors into the community
• Restaurant series could be in the form of two or three seasonal restaurant week events, or a wine or beer walk
• Both low-effort ways to support and promote local businesses and restaurants in Pacific Grove Create a Music & Restaurant Event Series for 2023
PGCC 12-7-22

Recommendations for Small Business Recovery
• Assists small, independently owned local
businesses.
• Yiftee has worked with more than 100 of
California local governments to build a
Digital Gift Card program to encourage
people to shop at small, locally owned
businesses.
• Many local governments are successfully
using American Rescue Plan Act (ARPA)
funds to add a bonus gift card component
Create a Shop Local program, including a Digital Gift Card program with Yiftee
PGCC 12-7-22

Recommendations for Small Business Recovery
• Install in Downtown Pacific Grove and the
Fairway Shopping Center on Forest
Avenue.
• A popular and effective placemaking
effort that helps create a sense of place in
a city or a specific commercial district.
• The moderate California climate helps
with the longevity of the banners, as well,
making it so they only need to be changed
out every few years or so.

Design Shop Pacific Grove banners
PGCC 12-7-22

Recommendations for Small Business Recovery
• Coordination of two business visitations a
month by City Manager, Economic
Development Coordinator/City Planner,
Chamber of Commerce CEO, and
Chairperson of the Economic Development
Commission
• A Business Visitation Program would help
the City stay up to date on challenges and
opportunities that local businesses are
actually facing
Initiate a Business Visitation Program
PGCC 12-7-22

Recommendations for Small Business Recovery
• City Staff, the Chamber of Commerce, and an Economic Development Commission representative to meet quarterly with local commercial real estate brokers and property owners
• A quarterly Broker Luncheon would help the city and Chamber of Commerce stay up to date on challenges and opportunities that local brokers, property owners and managers, and real estate professionals are dealing with
• The meetings serve as a unique opportunity for city staff and Chamber representatives to update the groups on projects and programs that may be related to their work
Hold regular Broker Luncheons
PGCC 12-7-22

Recommendations for Small Business Recovery
• Use the information gathered from the
Request for Information from Small
Businesses, Artists, Makers, Entrepreneurs
& Commercial Property
Owners/Leaseholders Interested in a
“Makers Space” or “Craftsman Collective”
• Prepare additional outreach to private
leaseholders/developers to gauge interest
in type of program
Continue to explore vacant storefront activation programs PGCC 12-7-22

Timeline Recommended Action Items
November 2022  Launch dedicated Economic Development webpage (URL: PickPG.org) December 2022  Staff to bring Parklet Program standards to City Council for review and consideration  Plan and prepare for 2023 quarterly Broker Luncheon events January 2023
 Draft and submit plan for a Music and Restaurant Event series in 2023 or 2024  Budget and design the installation of banners in Downtown PG and Fairway Shopping Center February 2023  Establish a schedule for Business Visitation Program to be started immediately March 2023  Host Quarter-1 2023 Broker Luncheon event
June 2023  Host Quarter-2 2023 Broker Luncheon event
July 2023  Begin evaluation of 1-day/week Economic Development Coordinator position, including time spent on economic development projects, to determine if more time is needed September 2023  Host Quarter-3 2023 Broker Luncheon event December 2023  Host Quarter-4 2023 Broker Luncheon event  Evaluate programs and consider expanding in 2024
PGCC 12-7-22

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LEFT BLANK
PGCC 12-7-22

Agenda No. 13 F

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Bill Peake, Mayor
MEETING DATE: December 7, 2022
SUBJECT: Cannabis Retail License
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Direct the City Manager and City Attorney to create a cannabis license program to authorize one cannabis retail license under the following conditions:

Location may be determined following award of license and subject to restrictions described in Nov. 8 general election Measure M.

1. 2. Objective license conditions.

3. License awarded by random draw.

DISCUSSION
The recommended action implements the will of Pacific Grove voters as demonstrated by majority approval of cannabis business advisory ballot Measure M in the November 8, 2022, general election.

Measure M is “Should the Pacific Grove City Council be authorized to amend the Municipal Code to allow retail sales of medical or recreational cannabis, limited to one single location within the City, at a location no closer than 1000 feet from any existing licensed Daycare/Preschools, Youth Center, and Schools, to engage in commercial cannabis activities?” The Measure M map of cannabis buffer zones is attached.

Condition 1 eliminates the need for a commercial lease accompanying the license application thus avoiding unnecessary expense by applicants that do not subsequently obtain a license. Any license awarded would be conditional on an acceptable location. Condition 1 also implements the buffer zone excluding cannabis retail locations within 1000 ft. of youth-oriented facilities.

Condition 2 abolishes subjective application requirements to ensure transparency in the application process.

Condition 3 ensures personal bias is not a factor in the award of a license.

Background:

November 9, 2016 - California Proposition 64 legalizes the use, sale, and cultivation of recreational cannabis

1. PGCC 12-7-22

October 25, 2017 - Council directs staff to amend PGMC Chapter 11.100 to continue the prohibition of commercial cannabis

2. September 16, 2020 - Council approves Ordinance No. 20-22 to authorize one cannabis retail license

3. December 16, 2022 - Council rescinds the cannabis retail license process and directs staff to place commercial cannabis on a ballot at the next general election '

4. 5. November 8, 2022 – General election includes cannabis business advisory Measure M

OPTIONS
Provide alternate direction.

FINANCIAL IMPACT:

Estimated annual revenue up to $300,000. Administrative costs unknown.

GOAL ALIGNMENT: Not Applicable.

PGCC 12-7-22

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: Bill Peake, Mayor
MEETING DATE: December 7, 2022
SUBJECT: Public Employment, (Government Code § 54957)
Title: City Manager Performance Evaluation
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive report and report out, if any, during regular meeting.

PGCC 12-7-22