RESOLUTION NO. 23-xxx
RESOLUTION AMENDING COUNCIL POLICY 000-9 TO ADD A SECTION
REGARDING USE OF ELECTRONIC COMMUNICATION DEVICES DURING CITY
COUNCIL MEETINGS
FINDINGS
1. Many cities have policies regarding the use of electronic communications by members of their legislative bodies during meetings.
2. These policies generally prohibit the use of electronic devices during City Council meetings except for the purpose of accessing agenda materials and for use in the event of an urgent family matter.
3. A policy which prohibits use of electronic devices during City Council meetings in this manner will ensure the public that the Councilmembers are giving their full attention to the matters before the Council and further that Councilmembers are not sending or receiving information during the Council meeting that is not available to the public or other Councilmembers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE:
1. The Council determines that each of the Findings set forth above is true and correct, and by this reference incorporates those Findings as an integral part of this Resolution.
2. The Council hereby approves Section VIII to be added to Council Policy 000-9 as shown in Exhibit A attached hereto.
3. This Resolution shall become effective immediately following passage and adoption thereof.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this 15th day of March, 2023, by the following vote:
AYES:
NOES:
ABSENT:
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APPROVED:
_______________________________
BILL PEAKE, Mayor
ATTEST:
DATED:_______________________
_______________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_______________________________
BRIAN A. PIERIK, City Attorney
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EXHIBIT A
CITY OF PACIFIC GROVE CITY COUNCIL POLICY
Policy Governing Policy No. Effective Date Page
Council Guidelines 000-9 February 3, 2010 1 of 3
I. AGENDA PACKET PREPARATION AND DISTRIBUTION
1. Agenda packets will be prepared and distributed in accordance with PGMC 2.04.050 and the Ralph M. Brown Act. However, the deadline for agenda submittals may be sooner to account for any scheduled workdays off that are necessary for publishing and distribution.
Publishing/distribution of the agenda packet to Council is by email notification (preferred) unless otherwise instructed.
2. The goal is to have a complete agenda packet at the time of its distribution. If, however, staff receives substantiating information, reports, proposed emergency ordinances and other such information to the Council after packet distribution, including at the time of the Council meeting, staff may provide this material, so long as the public is correspondingly informed and is given access in accordance with the Brown Act.
3. Nothing contained in this policy shall prevent the normal flow of legally permissible information from staff to the Council needed to keep the Council informed.
II. PUBLIC HEARING PROCEDURES
Each public hearing on the City Council agenda will be called in the order noted on the agenda.
Staff will first present a brief report on the public hearing item, including correspondence.
The public hearing will then be opened. For public hearings involving a quasi-judicial determination by the Council (e.g. where a decision modifies vested property rights, or when a matter is raised by appeal pursuant to the Municipal Code), the applicant or proponent of an item shall be allocated a maximum of 10 minutes to speak. If a single designated spokesperson provides the City Clerk, in advance of the meeting, names of persons who request her or him to speak on their behalf, such persons being 10 or greater in number, that single spokesperson shall be allocated an increased amount of time to speak, not to exceed 10 minutes. Depending on time available and the number of people wishing to speak, all other speakers will be limited in their allocated time to 3 minutes each or less.
In public hearings not involving a quasi-judicial determination by the Council, all speakers will be limited in their allocated time to 3 minutes each or less, whether in support or opposition to the item.
Very brief rebuttal and surrebuttal may be allowed, at the sole discretion of the Council.
Questions by any speaker shall be directed to the Mayor.
Once all persons desiring to address the Council have done so, or the allotted time has expired, the matter will then be returned to the Council. All questions having been directed to the Mayor will PGCC 3-22-23 ADJOURNED FROM 3-15-23
then be addressed by staff, in the order and format as directed by the Mayor.
The Mayor has the option of requesting that a motion be made to move the item or first facilitating discussion of the issue at hand, to allow the Council to explore the various views and available options. Once a motion is made and seconded, Council Members will discuss and then vote on the motion. If the motion fails, additional discussion and motions can follow, until the matter is resolved.
III. RECOGNITION BY CHAIR
All persons, including members of the Council, wishing to speak shall first be recognized by the Chair.
IV. APPEAL HEARING FROM PLANNING COMMISSION
In accordance with Municipal Code Section 23.72.130, any person aggrieved by an action or decision of the Planning Commission, may appeal to the City Council, by paying a prescribed fee and submitting a written statement of the grounds for appeal. The Code also requires notice to the Planning Commission of such appeal, and a report submitted by the Planning Commission to the City Council, setting forth the reasons for action taken, or the Planning Commission shall be represented at the Council meeting. The City Council shall render its decision within 45 days after the filing of such appeal.
Further, Section 23.72.130(f) reserves the Council’s authority to review any action or decision of the Planning Commission, and to make its own decision on such action or matter. The Council shall always have until its next regularly scheduled meeting following such action for review.
The Council shall hold a hearing de novo on appeals and matters called. A de novo hearing on appeal is not dependent on the record of the body from which an appeal is taken. Evidence is taken, witnesses appear and statements are made, all without regard to whether precisely the same evidence, witnesses and statements were recorded at the hearing below. Thus, although the Municipal Code labels it an appeal, it is in fact a second (or third, if it is a hearing on the Planning Commission’s decision on appeal from the Architectural Review Board) full, de novo consideration of the issue.
The Council may also return an appeal to the Planning Commission because the Council has heard new evidence. From the description above, Council will infer that virtually no hearing de novo will result in a duplication of the hearing below─something, some statements, some piece of documentation, will be new.
Failure of the Council to reverse, uphold, or uphold with modifications the action appealed or called up, results in the Planning Commission action standing as decided. (Such failure would occur, for example, in the event of a Council tie vote.) V. APPOINTMENT OF COUNCIL COMMITTEES
From time to time, the Council may see fit to appoint an ad hoc committee. When a Council committee is appointed, the Mayor will assign a maximum of three Council Members.
The Mayor designates the Council Member to serve as Committee Chair. In the event of a change in Council or committee assignments, the senior member of the Council will serve as Committee PGCC 3-22-23 ADJOURNED FROM 3-15-23
Chair. If there is a Council-Planning Commission committee, a member of the Council shall serve as Chair for the group.
VI. VOTES REQUIRED FOR ACTION
Article 15 of the Charter provides that four affirmative votes of the Council are necessary to adopt ordinances, resolutions, or claims against the City. Except as specified elsewhere, it is also Council policy that all actions of the Council (except those calling for five votes, such as urgency ordinances) require the affirmative vote of four members, irrespective of the number in attendance when an action is taken.
VII. BROWN ACT PROCEDURES
The City Council operates in accordance with the provisions set forth in the Ralph M. Brown Act (Brown Act). The City Attorney shall provide training and written materials on the Brown Act.
VIII. USE OF ELECTRONIC COMMUNICATION DEVICES DURING
CITY COUNCIL MEETINGS
The City Council’s use of electronic communication devices during a City Council meeting may lead to the public’s perception that a Councilmember is not paying attention to the subject matter at hand or that a Councilmember is receiving information relative to the subject matter at hand that other Councilmembers and members of the public are not receiving, either one of which is inimical to good government and transparency. Therefore, a Councilmember’s use of electronic communication devices (i.e., cell phones, tablets, laptop computers), other than for the purpose of (1) accessing agenda materials, (2) facilitating ADA access, and (3) using teleconferencing software, is prohibited during City Council meetings.
This policy does not prohibit using an electronic communications device in the event of an urgent family matter. A Councilmember wishing to respond to such a message during a meeting shall do so during a recess or shall excuse him or herself from the meeting to place the return call or text in a manner that does not disrupt the meeting.
City employees shall not communicate with Councilmembers via electronic communication devices during City Council meetings.
Adopted: March 6, 1991 (Resolution No. 6151)
Amended: February 17, 1993 (Resolution No. 6329)
Amended: December 6, 1995 (Resolution No. 6492)
Amended: February 3, 2010 (Resolution No. 10-014)
Amended: December 16, 2020 (Resolution 20-039)
Amended: March 15, 2022 (Resolution 23-xxx)
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Agenda No. 13 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Anastacia Wyatt, Community Development Director
MEETING DATE: March 15, 2023
SUBJECT: Formal Selection of Housing Element and General Plan Update consultant CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Authorize the Mayor to execute an agreement with Rincon Consultants, Inc. to complete the 6th Cycle Housing Element update to the General Plan in an amount not to exceed $227,918.
DISCUSSION
At its August 17, 2022 meeting, the City Council directed staff to issue a Request for Proposals (RFP) for a focused update to the City's 1994 General Plan, Zoning Code & Map, Objective Design & Development Standards (ODDS), as well as conduct the required environmental review in accordance with the requirements of the California Environmental Quality Act (CEQA). Staff issued the RFP on September 16, 2022, with a closing date of December 2, 2022.
General Plan Update RFP Response
The City received one (1) qualified response to the City’s RFP by the December 2nd deadline, from Rincon Consultants, Inc (Rincon). Following the December 2nd deadline, Community Development Department (CDD) staff formed evaluation & interview committees to review the submitted materials.
The committees included members of City Council, Planning Commission, City staff, and qualified staff from nearby jurisdictions. The focused General Plan update details of the proposed scope, timeline, and cost estimates will come to Council at a later date.
Housing Element Update Needs
The Housing Element is part of the General Plan and must be updated every eight years. The City was contracted with another consultant to conduct a Housing Element update; however, the current Housing Element update contract was terminated on March 3rd. At a minimum, staff finds it imperative to act on the Housing Element contract award in order to stay on schedule to complete the State-mandated 6th Cycle Housing Element update deadline and alignment with Pacific Grove’s RHNA. Rincon has confirmed their ability to utilize the work completed up to this point, to prepare an Administrative Draft of the Housing Element between May 2023-September 2023. It is understood that it is ultimately up to the California Department of Housing and Community Development (HCD) to determine compliance PGCC 3-22-23 ADJOURNED FROM 3-15-23
of the Housing Element. The Housing Element Schedule proposed by Rincon is attached to this report.
The City’s Regional Housing Needs Allocation (RHNA) increased substantially to 1,125 residential units required to be constructed by 2031. This constitutes an 878% increase in Pacific Grove’s RHNA from the previous cycle and a 14% increase in the number of new households in Pacific Grove. While updates to the Housing Element of the General Plan occur every 8 years in accordance with the State’s housing cycles, these updates typically do not trigger the requirement for major updates to the General Plan. However, this substantial increase is expected to impact the need for commercial services, educational and medical services, recreational services, calls for emergency services, and the City’s transportation network, necessitating a focused General Plan update that includes the City's Land Use, Transportation, and Safety elements in addition to the Housing Element update.
Project Cost
The proposed cost for the services proposed by Rincon for the Housing Element update would not exceed $227,918 for the 6th Cycle Housing Element update.
Considerations
Rincon and their subconsultant, Veronica Tam and Associates, Inc. (VTA) are qualified and experienced professionals with a demonstrated ability to complete the project(s). Rincon has completed or is preparing 6th Cycle Housing Element updates for over 30 jurisdictions throughout California.
Their proposal is thorough and addresses the City’s needs for a Housing Element update.
The City's standard professional services agreement (approved by both the California Joint Powers Insurance Authority and the City Attorney's Office) would be used for this proposed agreement/s, and is therefore not attached to this agenda report for City Council review and approval.
OPTIONS
1. Take no action.
2. Provide alternate direction.
FINANCIAL IMPACT:
The City set aside $100,000 for the General Plan Update. Funding to support this agreement will come from the existing $100,000 that was set aside from the General Plan update, with the balance of the contract funded through the unassigned General Fund Balance. The additional amount needed to support this contract will not impact the reserve levels.
If approved, a budget amendment will be generated to encumber or reserve funds for this specific contract.
GOAL ALIGNMENT: Not Applicable.
Attachments
Rincon Housing Element Cost and Timeline
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2511 Garden Road, Suite C-250
Monterey, California 93940
831-333-0310
w w w . r i n c o n c o n s u l t a n t s . c o m
Table 1 – Housing Element Update Fiscal Year Breakdown
Task and Description 2023 FY (to
6/30/23)
2024 FY
(7/1/23-
6/30/24)
2025 FY
(7/1/24 to
6/30/25)
2026 FY
(7/1/25 -
6/30/26
TOTAL
Task 11: Housing Element
11.1: Draft 6th Cycle Housing Element Review $13,936 $13,936
11.2: Housing Element Update $83,716 $39,683 $123,399
11.3: Community Engagement $9,179 $12,542 $21,721
11.4: GIS Support Services $3,124 $2,116 $5,240
11.5: Public Hearings and Study Session $31,286 $31,286
11.6: Housing Element Project Management $5,037 $27,299 $32,336 Total Housing Element Update $114,991 $112,926 $227,918 PGCC 3-22-23 ADJOURNED FROM 3-15-23
4 Housing Element Schedule
The Rincon team is prepared to begin the work program described in this proposal immediately upon authorization to proceed. Due to status of the City’s current progress on the Housing Element Update, which is late in the current housing cycle, achieving adoption by the statutory deadline of December 31, 2023 is not likely or realistic. During the project initiation meeting, Rincon will work with the City to establish a clear and detailed schedule, including deliverables and key milestones. Rincon will coordinate with City staff to explore any streamlining opportunities and refine the schedule as necessary. Ensuring sufficient time for any additional engagement and applying realistic timeframes to support the full scope of the project will be important for the program’s overall success.
Below is an estimated schedule based on our current understanding of the status of the City’s Sites Inventory and Community Engagement activities and assuming that all data needs and information developed to date will be provided to Rincon in a timely manner.
Schedule Dates
Project Initiation March 20, 2023 – April 30, 2023
Administrative Draft HE sections, City Review, Public Review Draft HE May 2023 – September 2023 Public Workshop, Mandated Public Comment Period (30 days)/10 days to response in writing prior to review by the PC or CC
End of September 2023 – mid
November 2023
Study Session October 2023
State HCD first round of review (90 days)
Mid November 2023 – February
2024
Respond to comments and CC Adoption February 2024 – May 2024 PGCC 3-22-23 ADJOURNED FROM 3-15-23