Pacific Grove City Council
May 17, 2023

8.2 Existing Measure Analysis and Success
Tracking
Phase II – Learning May 2023 – July 2023 -MAST Tool
-MAST Key Findings Memo

8.3 GHG Inventories, Forecast and Targets Phase II – Learning October 2025 – February 2026 -Data Evaluation Memo -Final Data Evaluation Memo
-Updated Inventory (Excel)
-Final Forecast and Targets (Excel)
-Final Forecast and Targets Memo

8.4 Draft and Final CAAP Strategy Selection Phase III – Alternatives February 2026 – April 2026 -Draft and Public Draft CAAP Strategies -Final List of CAAP Strategies
-Attendance at meetings

8.5 Measure Technical Appendix Phase III – Alternatives February 2026 – April 2026 -Draft and Final Qualified CAAP Technical Appendix

8.6 Develop Tools for Monitoring and Tracking
and Activation
Phase IV – Plan Preparation March 2026 – July 2026 -Draft and Final Implementation Plan

8.7 Develop Draft and Final Climate Action
and Adaptation Plan
Phase IV – Plan Preparation April 2026 – December 2026 -Draft and Final CAAP

8.8 CEQA GHG Streamlining Checklist Phase IV – Plan Preparation September 2026 – November 2026
-Draft and Final City CEQA Checklist

8.9 CEQA GHG Thresholds Phase IV – Plan Preparation September 2026 – November 2026
-Draft and Final Thresholds Report
Task 9 CEQA Analysis (Program EIR)

9.1 CEQA Kick Off Meeting Phase IV – Plan Preparation May 2026 -Meeting with City staff

9.2 Notice of Preparation Phase IV – Plan Preparation May 2026 – June 2026 -NOP

9.3 Project Description Phase IV – Plan Preparation May 2026 – July 2026 -Project Description PGCC 5-17-23

City of Pacific Grove
Focused General Plan Proposal Supplement
Rincon Consultants, Inc. Page 64

9.4 Scoping Meeting Phase IV – Plan Preparation June 2026 – July 2026 -Attendance at Scoping Meeting

9.5 AB 52 and SB 18 Consultation Phase IV – Plan Preparation April 2026 – October 2026 -Tribal Consultation

9.6 ADEIR Phase IV – Plan Preparation July 2026 – September 2026 -ADEIR

9.7 Screencheck DEIR Phase IV – Plan Preparation October 2026 – November 2026 -Screencheck DEIR

9.8 Public Draft EIR Phase IV – Plan Preparation November 2026 – December 2026 -Draft for Public Review

9.9 Response to Comments and Admin FEIR Phase IV – Plan Preparation February 2027 – March 2027 -Response to Comments and Admin FEIR

9.10 MMRP Phase IV – Plan Preparation February 2027 – March 2027 -MMRP

9.11 Final EIR Phase IV – Plan Preparation April 2027 -Final EIR

9.12 CEQA Findings and Statement of
Overriding Considerations
Phase IV – Plan Preparation April 2027 -CEQA findings

9.13 Administrative Record Phase IV – Plan Preparation April 2027 -Admin Record

9.14 Legal Review Phase IV – Plan Preparation August 2026 – September 2026 Task 10 Hearings and Adoption

10.1 Planning Commission and City Council
Meetings
Phase II – Learning
Phase VI – Plan Adoption
PC/CC Workshops/Study
Sessions
Adoption Hearings – May – August
2007
-PC/CC Study Sessions/Workshops per
Community Engagement Plan
- Public Hearing attendance

10.2 Final General Plan Post Adoption –
August/September 2027
-Final General Plan documents
PGCC 5-17-23

2511 Garden Road, Suite C-250
Monterey, California 93940
831-333-0310

3 Cost Estimate Summary (Amended 4.14.23)

3.1 Cost Assumptions
Rincon has provided an itemized budget below inclusive of anticipated costs associated with the project, broken down by task and person per hour. This budget includes labor categories, hourly rate, estimated hours per task and total number of hours and costs, along with subconsultant labor and direct costs. This budget has been prepared with the objective of providing an honest assessment of fees and expenses, and we have identified assumptions aimed at ensuring clear expectations.

Rincon assumed the following in developing our scope of work and cost estimate. • All deliverables will be provided electronically in PDF and/or Word format. Comments from the City will be provided as a single, consolidated set of comments in editable electronic format (i.e., as track changes in MS Word). Following review, each deliverable will be finalized and submitted in electronic (PDF and/or Word) format. The City will be responsible for printing all hard copy documents. • Assumptions related to outreach materials have been included in Section 1 under each relevant task.

Materials and printing costs will be established through the Community Engagement Plan in accordance with the allotted budget.
• Costs have been allocated to tasks based upon Rincon’s proposed approach. Rincon may re-allocate costs among tasks and/or direct costs as circumstances warrant so long as the adjustments maintain the total price within its authorized amount.
• The fees associated with this project are our best estimates based upon our experience and the information provided. Unexpected or unanticipated circumstances may arise that cause additional work to be necessary or which may affect the proposed scope and budget. Rincon recommends including a 10% contingency to cover these potential circumstances. Use of the contingency would only be used upon mutual agreement with City staff.
• Rincon included the meeting assumptions provided in Table 2 in developing our scope of work and cost estimate.
• Other Direct Costs. Costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.
• Annual Escalation. Rincon’s standard rates are subject to an annual escalation. Rincon will meet with City staff annually to adjust scope, fee and schedules to accommodate these changes. The contingency budget is anticipated to be used to support increased fees that resulting from annual fee schedule escalation.
• To accommodate the Fiscal Year budget limits, the schedule includes pauses generally occurring during November – December. During these or any other scheduled pauses, project work will be paused, including any coordination meetings, calls and emails.
• Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within ten (10) days from receipt or per the contractually required payment terms.

PGCC 5-17-23

City of Pacific Grove
Focused General Plan Proposal Supplement
Rincon Consultants, Inc. Page 66

3.2 Focused General Plan Update Cost Summary
The estimated budget for the Focused General Plan Update would be:
• Without contingency - $1,993,699.70
• With 10% contingency - $2,193,069.67
We are prepared to initiate work immediately upon execution of a contract and receipt of a notice to proceed. All budget assumptions provided in the original Focused General Plan update proposal shall apply unless otherwise specified in this supplement dated April 14, 2023.

3.3 Focused General Plan Update Fiscal Year Breakdown
At the City’s request, we have prepared a breakdown of the Focused General Plan Update costs by fiscal year. The City of Pacific Grove’s fiscal year starts on July 1. Table 3 provides a fiscal year breakdown summary of the Focused General Plan Update.

Table 4 is an itemized budget inclusive of anticipated costs associated with the project, broken down by task and hours. This table amends the Cost Estimate provided in the original Focused General Plan Update proposal. All other cost assumptions are as provided in the Focused General Plan update unless otherwise specified in this supplement dated April 14, 2023.

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2511 Garden Road, Suite C-250
Monterey, California 93940
831-333-0310

Table 2 – Meeting Cost Assumptions
Rincon WRT Kimley-Horn EPS

1.1 Kick Off Meeting and City Tour (in person)
Attendees 3 attendees in-person,
3 attendees virtual
2 attendees in-person 1 attendee in-person 2 attendees in-person Estimated Duration 2 hour Kick Off + 4 hour City Tour 2 hour Kick Off + 4 hour City Tour 2 hour Kick Off + 4 hour City Tour 2 hour Kick Off + 4 hour City Tour Travel 13 hours, 200 miles round trip,
1 flight round-trip (combined)
4 hours, 230 miles round-trip 1 hour round-trip 2 hours, round-trip

1.4 Biweekly Staff Meetings (virtual)
Attendees Avg 1.5 attendees As needed As needed As needed Estimated Duration 30 mins, 85 total mtgs 30 mins 30 mins 30 mins *this assumes a total of 85 meetings which would cover biweekly meetings for approximately 3 years. If biweekly meetings are needed beyond a 3 year period or in excess of 85 meetings the scope and fee for this task will need to be reevaluated.

2.3 Community Workshops (2 in-person, 13 virtual)
Attendees 2 attendees 2 attendees 1 attendee
Estimated Duration 2 hours setup + tear-down,
2 hours hosting
2 hours setup + tear-down,
2 hours hosting
2 hours setup + tear-down,
2 hours hosting
Travel 13 hours, 200 miles round-trip, 1
flight round trip
4 hours, 230 miles round-trip 1 hour round-trip

2.4 General Plan Technical Advisory Group (virtual)
Attendees 2 attendees 1 attendee 1 attendee N/A
Estimated Duration 2 hours, 6 total mtgs 2 hours, 5 meetings 2 hours, 1 meeting

2.5 Stakeholder Interviews (virtual)
Attendees 2 attendees 1 attendee 1 attendee 2 attendees Estimated Duration 1 hour, 20 meetings 1 hour, 2 meetings 1 hour, 1 meeting 2 eight-hour meetings (in-person or virtual)

2.6 Walking Tour
Attendees 1 attendee 2 attendees
Estimated Duration 8 hours 8 hours
PGCC 5-17-23

City of Pacific Grove
Focused General Plan Proposal Supplement
Rincon Consultants, Inc. Page 68
Rincon WRT Kimley-Horn EPS
Travel 5 hours, 200 miles round trip 4 hours, 230 miles round trip

8.1 CAAP Kickoff (virtual)
Attendees 4 attendees
Estimated Duration One hour

8.1 CAAP Monthly Meetings (virtual)
Attendees 1 attendee
Estimated Duration One hour

8.4.3 Updated Measures and Action List (Beautification and Natural Resources Commission) (virtual) Attendees 1 attendee
Estimated Duration Two hours

9.1 Public Meetings (4 in-person, 7 virtual)
Attendees 2 - 3 attendees (depending on
meeting)
2 attendees 2 attendees
Estimated Duration 3 hours, 11 meetings 3 hours, 2 meetings (virtual) 3 hours, 2 meetings Travel 13 hours, 200 miles round trip,
1 flight round-trip (combined)
1 hour round trip
*Travel assumptions are per each in-person meeting
Notes: Additional scope and budget for coordination meetings has been included within Task 1, but is an allowance based on overall needs for project coordination throughout the life the of project and therefore detailed assumptions are not included in this table.

PGCC 5-17-23

Table 3– Focused General Plan Update Fiscal Year Breakdown Summary (Amended 4.14.23) Task 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)
2027 FY
(7/1/26 -
6/30/27)
2028 FY
(7/1/27 -
6/30/28)
Total
Task 1: Project Initiation and
Coordination
$49,687 $49,514 $30,564 $30,564 $30,564 $10,132 $201,024 Task 2: Community Engagement $7,008 $156,284 $144,746 $59,881 $0 $0 $367,919 Task 3: Existing Conditions,
Issues and Opportunities
$0 $265,265 $153,895 $0 $0 $0 $419,160
Task 4: Alternatives $0 $0 $53,496 $18,932 $0 $0 $72,427 Task 5: General Plan $0 $0 $0 $160,045 $40,594 $0 $200,638 Task 6: Zoning Ordinance
Amendments
$0 $0 $0 $19,778 $0 $0 $19,778
Task 7: Objective Design and
Development Standards
$0 $104 $93,442 $39,403 $0 $0 $132,948
Task 8: Climate Action and
Adaptation Plan
$2,754 $7,068 $5,912 $66,800 $44,059 $0 $126,593
Task 9: CEQA Analysis (Program
EIR)
$0 $0 $0 $83,434 $255,034 $0 $338,468
Task 10: Hearings and Adoption $0 $15,934 $10,198 $20,113 $29,083 $39,416 $114,743 Total $59,450 $494,168 $492,252 $498,948 $399,334 $49,548 $1,993,700 Note: the total budget reflected in this table does not include the recommended 10% contingency as it cannot be determined if or when it would be used.

PGCC 5-17-23

City of Pacific Grove
Focused General Plan Proposal Supplement
Rincon Consultants, Inc. Page 70
Table 4 – Focused General Plan Update Cost Proposal (Amended 4.14.23) RINCON CONSULTANTS, INC.
22-13730 City of Pacific Grove General Plan,
Zoning Code and CEQA
Cost Estimate
22-13730 City of Pacific Grove General Plan, Zoning
Code and CEQA Rate Hours Labor Budget Direct
Expenses Total Budget
Task 1: Project Initiation and Coordination 638.00 141,159.00 59,865.00 201,024.00

1.1 Kickoff Meeting and City Tour 83.00 21,168.00 13,615.80 34,783.80

1.2 Document Review and Gathering 22.00 4,596.00 14,732.00 19,328.00

1.3 Scope of Work and Schedule Refinement 7.00 1,791.00 1,972.00 3,763.00

1.4 Document Set Up 36.00 6,324.00 0.00 6,324.00

1.5 Project Coordination 490.00 107,280.00 29,545.20 136,825.20 Task 2: Community Engagement 1,206.00 241,330.00 126,589.40 367,919.40

2.1 Community Engagement Plan 80.00 17,208.00 1,392.00 18,600.00

2.2 Online Engagement 214.00 41,016.00 12,992.00 54,008.00

2.3 Community Workshops 596.00 119,390.00 56,594.40 175,984.40

2.4 General Plan Technical Advisory Group 114.00 24,450.00 18,014.80 42,464.80

2.5 Virtual Stakeholder Interviews 102.00 20,078.00 23,037.60 43,115.60

2.6 Walking Tours 20.00 3,816.00 14,558.60 18,374.60

2.7 Engagement Toolkits 30.00 6,042.00 0.00 6,042.00

2.8 Task 2 GIS Services 30.00 4,344.00 0.00 4,344.00

2.9 CAAP Engagement Coordination 20.00 4,986.00 0.00 4,986.00 Task 3: Existing Conditions, Issues and
Opportunities 795.00 151,919.00 267,240.80 419,159.80

3.1 General Plan Audit 50.00 9,880.00 0.00 9,880.00

3.2. Existing Conditions Background Report 464.00 89,850.00 210,482.00 300,332.00

3.3 Vision and Guiding Principles Development 24.00 4,746.00 6,704.80 11,450.80 PGCC 5-17-23

3.4 SWOT Analysis, Preliminary Policy and
Implementation Measure Recommendation 175.00 36,127.00 50,054.00 86,181.00 Task 3 GIS Services 82.00 11,316.00 0.00 11,316.00
Task 4: Alternatives 200.00 41,258.00 31,169.20 72,427.20

4.1 Land Use, Community Design and Circulation
Alternatives Analysis 148.00 31,558.00 20,590.00 52,148.00

4.2 Preferred Alternative 34.00 7,216.00 10,579.20 17,795.20 Task 4 GIS Support 18.00 2,484.00 0.00 2,484.00
Task 5: General Plan 694.00 135,806.00 64,832.40 200,638.40

5.1 First Administrative Draft General Plan 376.00 72,140.00 45,959.20 118,099.20

5.2 Second Administrative and Public Draft
General Plan 298.00 60,906.00 18,873.20 79,779.20
Task 5 GIS Services 20.00 2,760.00 0.00 2,760.00
Task 6: Zoning Ordinance Amendments 98.00 19,778.00 0.00 19,778.00

6.1 6th Cycle Housing Element + General Plan
Consistency Memo 64.00 13,784.00 0.00 13,784.00

6.2 Administrative and Public Review Zoning Map
Updates 34.00 5,994.00 0.00 5,994.00
Task 7: Objective Design and Development
Standards 30.00 6,984.00 125,964.40 132,948.40

7.1 ODDS Initiation and Issue Identification 10.00 2,328.00 7,331.20 9,659.20

7.2 ODDS Development 8.00 1,758.00 33,756.00 35,514.00

7.3 Administrative and Public Review Draft 12.00 2,898.00 84,877.20 87,775.20 Task 8: Climate Action and Adaptation Plan 615.00 119,633.00 6,960.00 126,593.00

8.1 CAAP Kickoff Meeting and Monthly Meetings 70.00 15,662.00 0.00 15,662.00

8.2 Existing Measure Analysis and Success
Tracking 16.00 3,052.00 0.00 3,052.00

8.3 GHG Inventories, Forecast and Targets 82.00 14,784.00 6,960.00 21,744.00

8.4 Draft and Final CAAP Strategy Selection 108.00 20,588.00 0.00 20,588.00

8.5 Measure Technical Appendix 68.00 12,626.00 0.00 12,626.00

8.6 Develop Tools for Monitoring, Tracking and
Activation 22.00 4,264.00 0.00 4,264.00
PGCC 5-17-23

City of Pacific Grove
Focused General Plan Proposal Supplement
Rincon Consultants, Inc. Page 72

8.7 Develop Draft and Final Climate Action and
Adaptation Plan 120.00 22,312.00 0.00 22,312.00

8.8 CEQA GHG Streamlining Checklist 53.00 10,945.00 0.00 10,945.00

8.9 CEQA GHG Thresholds 76.00 15,400.00 0.00 15,400.00
Task 9: CEQA Analysis (Program EIR) 1,499.00 302,175.00 36,293.10 338,468.10

9.1 CEQA Kickoff Meeting 11.00 2,599.00 0.00 2,599.00

9.2 Notice of Preparation 12.00 2,402.00 0.00 2,402.00

9.3 Project Description 25.00 4,591.00 0.00 4,591.00

9.4 Scoping Meeting 25.00 5,866.00 818.90 6,684.90

9.5 AB 52 and SB 18 Consultation Assistance 18.00 3,935.00 0.00 3,935.00

9.6 Administrative Draft EIR 970.00 192,872.00 34,684.00 227,556.00

9.7 Screencheck Draft EIR 68.00 13,404.00 0.00 13,404.00

9.8 Public Draft EIR 54.00 9,686.00 674.00 10,360.00

9.9 Response to Comments and Administrative
Final EIR 150.00 31,810.00 0.00 31,810.00

9.10 Mitigation Monitoring and Reporting Program 21.00 4,150.00 0.00 4,150.00

9.11 Final EIR 43.00 8,590.00 116.20 8,706.20

9.12 CEQA Findings, Statement of Overriding
Considerations, and Resolution 50.00 10,050.00 0.00 10,050.00

9.13 Administrative Record 32.00 6,860.00 0.00 6,860.00

9.14 Legal Review 20.00 5,360.00 0.00 5,360.00
Task 10: Hearings and Adoption 347.00 81,740.00 33,003.40 114,743.40

10.1 Planning Commission and City Council
Meetings 316.00 75,468.00 33,003.40 108,471.40

10.2 Final General Plan 31.00 6,272.00 0.00 6,272.00
Project Total 6,122.00 1,241,782.00 751,917.70 1,993,699.70 Total with 10% Contingency 2,193,069.67
Direct Expenses Summary Amount
Digital Production - Flash Drive 40.00
Per Diem - job chargeable 3,016.00
Per Diem- Lodging 300.00
Photocopies - Black and White 250.00
PGCC 5-17-23

Photocopies - Color 992.00
Postage, Shipping, Delivery 232.00
Travel - Mileage 1,716.10
Travel (airfare, ground trans, lodging) 3,664.00
Vehicle Day Rate 630.00
WRT 359,634.80
EPS 132,321.20
Kimley Horn 249,121.60
Direct Expenses Subtotal 751,917.70
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2511 Garden Road, Suite C-250
Monterey, California 93940
831-333-0310

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PGCC 5-17-23

Agenda No. 12 B

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

City Attorney Brian Pierik, Erica Vega, Esq., City Manager Ben Harvey, Administrative Services Director/Assistant City Manager Tori Hannah MEETING DATE: May 17, 2023
SUBJECT: CONCEPT REVIEW: Draft Cannabis Regulations
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Discuss the draft cannabis licensing and zoning ordinances and provide direction to staff.

DISCUSSION
Pacific Grove voters approved Measures M and N at the November 8, 2022 general election.

Measure M was an advisory measure asking the voters the following question: “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?” Measure N established a tax on cannabis businesses at the rate of 6% of gross receipts from the retail sale of cannabis (storefront and delivery sales). Copies of Measure M and Measure N are attached to this report.

At the December 7, 2022 City Council meeting, the Council directed the City Manager and City Attorney to create a cannabis licensing program to authorize one cannabis retail storefront to operate in the City, consistent with the voter approval of Measure M.

Two draft ordinances have been prepared, a licensing ordinance and a zoning ordinance, and are attached to this report for the Council’s review and feedback. Specifically, direction is needed on certain key issues and questions identified in the table below.

Issues Ordinance Section
Starting 1/1/24, State law will prohibit local ordinances that prohibit or have the effect of prohibiting the delivery of medicinal cannabis.

Ordinances that limit the number of medicinal cannabis delivery businesses that can locate within the City may violate this new law. Direction is needed on to what extent the City Council wants to allow non-storefront/delivery-only cannabis retailers in addition to the 1 storefront retailer.

11.100.050.B
PGCC 5-17-23

to the 1 storefront retailer.

If a numeric limit on delivery-only businesses is desired, should they be subjected to the same competitive process as the one storefront retailer?
How long should the application period be? 11.100.060.A Should the City conduct background checks on the owners of a cannabis business? The State conducts a background checks as well.

If yes, does the City want to establish a list of disqualifying convictions or should the background check results be a part of the rating process?

11.100.060.B.2
How many people should review and score applications? Are there specific individuals who should be a part of this process

11.100.060.C
Do you want a lottery for the license(s) or award based solely on application ranking?

11.100.060.D
How long should a licensee have to secure a Use Permit after their license is awarded?

11.100.060.D
Does the City want to allow cannabis to be consumed on the premises of the storefront retail location?

11.100.110.G
What zones should cannabis retailers (storefront and
delivery-only) be permitted with a use permit?

23.92.060.B.2
Are there any additional locational restrictions that should be added to where a cannabis retailer may locate?

23.92.070
With respect to the first issue in the table above regarding non-storefront, delivery-only retailers, City staff conferred with HdL on this issue and their recommendation is that the City allow delivery-only retailers in addition to the one storefront retailer without numeric limits.

The ordinance calls for administrative rules to be drafted that provide more detail on the implementation of the ordinances. These rules will include more detail on the application process, rating criteria, lottery process (if desired by Council), etc. The rules will be drafted after the Council provides its initial feedback on the draft ordinances.

OPTIONS
Provide alternative direction.

FINANCIAL IMPACT:

Estimated annual revenue up to $300,000.

While administrative costs are unknown, the pending Comprehensive Fee Study will consider the amount of fees needed to facilitate on-going cost recovery.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments
1 Measure M
2 Measure N
PGCC 5-17-23

3 Draft Cannabis Licensing Ordinance
4 Draft Cannabis Zoning Ordinance
5 Cannabis Map
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1 RESOLUTION NO. 22-037

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

AUTHORIZING AN ADVISORY MEASURE TO BE PLACED ON THE BALLOT FOR THE

CITY OF PACIFIC GROVE, ORDERING AN ELECTION, REQUESTING CONSOLIDATION

OF THE ELECTION WITH THE GENERAL AND STATEWIDE CONSOLIDATED ELECTION TO BE HELD ON NOVEMBER 8, 2022
WHEREAS, Proposition 64 of 2016, approved by California voters in November 2016, legalized adult recreational use of cannabis; and
WHEREAS, Pacific Grove Municipal Code (PGMC or Code) Chapter 11.100, enacted in 2017, prohibits cannabis activities and makes it unlawful for any person to sell cannabis or cannabis products within city limits; and
WHEREAS, PGMC section 11.100.040 also prohibits sale or provision of medicinal cannabis within city limits; and
WHEREAS, This Resolution shall place a non-binding advisory ballot measure before Pacific Grove voters at the November 8, 2022, election to determine if there is support or opposition for the City Council to amend the PGMC to create a licensing process that would allow cannabis retail sales at a single licensed and regulated commercial cannabis establishment; and WHEREAS, The ballot measure referenced in this Resolution shall have no independent force or effect, and shall not require the City Council to take action or withhold action based on the results of the election; and
WHEREAS, This Resolution is exempt from the CEQA, Public Resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378, 15061).

WHEREAS, pursuant to Elections Code Section 10002, the governing body of the City of Pacific Grove requests the Board of Supervisors of Monterey County to permit Monterey County Elections to provide any and all services necessary for conducting an election on November 8, 2022, for purposes of placing a ballot measure before the electorate; and
WHEREAS, pursuant to Elections Code Section 10002, Monterey County Elections shall supply the elections official with a list of its precincts, or consolidated precincts, as applicable; and WHEREAS, pursuant to Elections Code Section 10002 the City shall reimburse the county in full for the services performed upon presentation of a bill; and WHEREAS, the City Clerk and County Registrar of Voters are authorized to print forms, publish notices, and provide information as may be necessary or convenient to assure the orderly conduct of the election, and they shall do all other things necessary to facilitate the holding of the election in a manner consistent with law; and
DocuSign Envelope ID: 6F6CBD7A-06AE-4790-90CF-FD30EF5348A0 PGCC 5-17-23

2 WHEREAS, pursuant to Elections Code Section 10400, whenever two or more elections, including bond elections, of any legislative or congressional district, public district, city, county, or other political subdivision are called to be held on the same day, in the same territory, or in territory that is in part the same, they may be consolidated upon the order of the governing body or bodies or officer or officers calling the elections; and
WHEREAS, pursuant to Elections Code Section 10403, whenever an election called by a district, city or other political subdivision for the submission of any question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for that statewide election, the district, city or other political subdivision shall, at least 88 days prior to the date of the election, file with the board of supervisors, and a copy with the elections official, a resolution of its governing board requesting the consolidation, and setting forth the exact form of any question, proposition, or office to be voted upon at the election, as it is to appear on the ballot. Upon such request, the Board of Supervisors may order the consolidation. The resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election;
WHEREAS, pursuant to Elections Code Section 10400, such election for cities and special districts may be either completely or partially consolidated; and WHEREAS, except as otherwise recited in this resolution, the election shall be held and conducted as provided by the law for holding elections.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE DOES RESOLVE AND ORDER that the Whereas provisions set forth above are an integral part of this Resolution and are adopted as if set forth in their entirety.

BE IT FURTHER RESOLVED AND ORDERED the governing body of the City of Pacific Grove hereby orders an election be called and consolidated with any and all elections also called to be held on November 8, 2022 insofar as said elections are to be held in the same territory or in territory that is in part the same as the territory of the Board of Supervisors of the County of Monterey to order such consolidation under Elections Code Section 10400, 10401 and 10403.

BE IT FURTHER RESOLVED AND ORDERED that pursuant to Elections Code Section 10002 said governing body hereby requests the Board of Supervisors of the County of Monterey to permit the Monterey County Elections Department to provide any and all services necessary for conducting an election and agrees to pay for said services in full, and BE IT FURTHER RESOLVED AND ORDERED that the Monterey County Elections Department shall conduct the election to be held on November 8, 2022 and submit to the electorate the following question:

ADVISORY MEASURE ( )
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 DocuSign Envelope ID: 6F6CBD7A-06AE-4790-90CF-FD30EF5348A0 PGCC 5-17-23

3 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?
Yes ( )
No ( )
BE IT FURTHER RESOLVED AND ORDERED that the City Council directs the City Clerk to take all actions necessary to submit the measure to the Registrar of Voters for placement on the November 8, 2022 ballot and comply with provisions of the Elections Code of the State of California, City Charter, Ordinances, Resolutions and Policies regarding the conduct of that election.

BE IT FURTHER RESOLVED that the City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the City measure, in accordance with the California Elections Code.

Arguments in favor of or against the measure shall each not exceed 300 words in length. Each argument shall be signed and filed with the City Clerk and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

Submittals are to be delivered to the City Clerk no later than 12:00 p.m. on August 18, 2022. Authors of any argument in favor or in opposition may prepare and submit rebuttal arguments not exceeding 250 words, in the same manner as the direct arguments. Submittals are to be delivered to the City Clerk no later than 12:00 p.m. on August 25, 2022.

BE IT FURTHER RESOLVED that in the interest of providing relevant information to the voters on the potential effect of the measure, the City Council requests that Exhibit A – a Cannabis Map dated July 20, 2022 be included in the voter guide as an example as of the date of the map where cannabis businesses could be allowed should the City Council implement the measure as authorized.

BE IT FURTHER RESOLVED that the City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure. Submittal of the Impartial Analysis is to be delivered to the City Clerk no later than 12:00 p.m. on August 18, 2022.

BE IT FURTHER RESOLVED that that if any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

BE IT FURTHER RESOLVED THAT voter approval requirement is by majority vote of people of the City of Pacific Grove.

BE IT FURTHER RESOLVED that that this Resolution shall take effect immediately upon its adoption.

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4 PASSED AND ADOPTED by the City Council of the City of Pacific Grove on this 20 TH day of July, 2022 by the following vote:

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

NOES: Mayor Pro Tem Amelio.

ABSENT: None.

APPROVED:

BILL PEAKE, Mayor
ATTEST:

DATED:

SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:

BRIAN A. PIERIK, City Attorney
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5 EXHIBIT A
DocuSign Envelope ID: 6F6CBD7A-06AE-4790-90CF-FD30EF5348A0 PGCC 5-17-23

Legend
Licensed Child Care Facility 1000 ft Buffer Zone
Licensed Child Care Facilities
Pacific Grove Youth Center 1000 ft Buffer Zone
Pacific Grove Youth Center
Pacific Grove Schools 1000 ft Buffer Zone
Pacific Grove Schools
Commercial Zone
Pacific Grove Parcels
Map of Cannabis Buffer Zones
The City of Pacific Grove
July 20, 2022
0 1,000 Feet /
DocuSign Envelope ID: 6F6CBD7A-06AE-4790-90CF-FD30EF5348A0 PGCC 5-17-23

1 RESOLUTION NO. 22-038

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC

GROVE SUBMITTING TO THE CITY VOTERS A BALLOT MEASURE

TO ESTABLISH A BUSINESS TAX ON BUSINESSES WHICH SELL

AND DELIVER CANNABIS AND CANNABIS PRODUCTS INCLUDING
INDUSTRIAL HEMP AND HEMP PRODUCTS; ORDERING AN

ELECTION, REQUESTING COUNTY ELECTIONS TO CONDUCT THE

ELECTION AND REQUESTING CONSOLIDATION OF THE

ELECTION WITH THE GENERAL MUNICIPAL AND STATEWIDE
CONSOLIDATED ELECTION TO BE HELD ON NOVEMBER 8, 2022
WHEREAS, Sections 37101 and 37100.5 of the California Government Code authorize the City to levy a license tax, for revenue purposes, upon business transacted in the City; and WHEREAS, as a result of recent voter-approved changes to state law and new state regulations being implemented, there has been a very strong interest by cannabis businesses to open in the City; and
WHEREAS, the California Industrial Hemp Farming Act, (Government Code Section 81600 et seq. and related regulations) authorize the commercial production of Industrial Hemp in California; and
WHEREAS, the City Council will consider enactment of a cannabis and hemp regulatory ordinance; and
WHEREAS, if cannabis and hemp businesses are authorized, they are likely to create demands upon City services, and the City’s current tax system does not currently impose any taxes on retail and delivery cannabis businesses, aside from generally applicable municipal taxes; and
WHEREAS, the City Council desires to adopt a tax ordinance in order to impose the tax upon cannabis and hemp businesses, to be known as the “Cannabis Business Tax”; and WHEREAS, proceeds of the Cannabis Business Tax will be used to offset demands on City service and to augment the City’s General Fund; and WHEREAS, the Cannabis Business Tax cannot be imposed without majority voter approval; and
WHEREAS, pursuant to Elections Code Section 10002, the governing body of the City of Pacific Grove requests the Board of Supervisors of Monterey County to permit Monterey County Elections to provide any and all services necessary for conducting an election on November 8, 2022, for purposes of placing a ballot measure before the electorate; and DocuSign Envelope ID: 925ECA93-5753-45C9-BE7D-C8C795AE93B7 PGCC 5-17-23

2 WHEREAS, pursuant to Elections Code Section 10002, Monterey County Elections shall supply the elections official with a list of its precincts, or consolidated precincts, as applicable; and
WHEREAS, pursuant to Elections Code Section 10002 the City shall reimburse the county in full for the services performed upon presentation of a bill; and WHEREAS, the City Clerk and County Registrar of Voters are authorized to print forms, publish notices, and provide information as may be necessary or convenient to assure the orderly conduct of the election, and they shall do all other things necessary to facilitate the holding of the election in a manner consistent with law; and WHEREAS, pursuant to Elections Code Section 10400, whenever two or more elections, including bond elections, of any legislative or congressional district, public district, city, county, or other political subdivision are called to be held on the same day, in the same territory, or in territory that is in part the same, they may be consolidated upon the order of the governing body or bodies or officer or officers calling the elections; and WHEREAS, pursuant to Elections Code Section 10403, whenever an election called by a district, city or other political subdivision for the submission of any question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for that statewide election, the district, city or other political subdivision shall, at least 88 days prior to the date of the election, file with the board of supervisors, and a copy with the elections official, a resolution of its governing board requesting the consolidation, and setting forth the exact form of any question, proposition, or office to be voted upon at the election, as it is to appear on the ballot.

Upon such request, the Board of Supervisors may order the consolidation. The resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election;
WHEREAS, pursuant to Elections Code Section 10400, such election for cities and special districts may be either completely or partially consolidated; and WHEREAS, except as otherwise recited in this resolution, the election shall be held and conducted as provided by the law for holding elections.

WHEREAS, the City Council desires to submit a Cannabis Business Tax measure to the voters of the City at a General Municipal Election to be held on Tuesday, November 8, 2022, and to be consolidated with the general municipal election and the statewide election to be held on that date.

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

Section 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct.

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3 Section 2. Proposal. The City Council hereby proposes that the voters adopt an ordinance (hereafter also referenced as “measure”) establishing a Cannabis Business Tax.

The proposed ordinance submitted to the voters is entitled “An Ordinance of the City of Pacific Grove, California Adding Chapter 7.14 (Cannabis Business Tax) to Title 7 of the Pacific Grove Municipal Code Establishing a Tax on Cannabis and Hemp Business Activities within the City.” The full text of the ordinance is attached to this Resolution as Exhibit “A” and incorporated by reference. The full text of the proposed ordinance is not required to be printed in the Sample Ballot and Voters Pamphlet. However, the full text shall be made available to the public and to any voter at the County Elections Department and the Pacific Grove City Clerk.

Section 3. Election. Pursuant to Article 8 and Elections Code Sections 10400, 10401, and 10403, the City Council of the City of Pacific Grove hereby orders an election be called and consolidated with any and all elections also called to be held at the General Election for Tuesday November 8, 2022 (the “Election”) insofar as said elections are to be held in the same territory that is in part the same as the territory of the Board of Supervisors of the County of Monterey and orders and orders, pursuant to Section 9222 of the Elections Code, that the Cannabis Business Tax Ordinance be submitted to the voters at that election.

Section 4. Ballot Question. The question submitted by Section 4 of this Resolution shall appear on the ballot as follows:

To fund general municipal expenses such as police, fire, roads and recreation, and for unrestricted general fund purposes, shall an ordinance be adopted establishing a City excise tax on cannabis businesses (which includes hemp) at an annual rate not to exceed 6% of gross receipts for retail and delivery cannabis businesses, which is expected to generate an estimated $300,000 annually and will be levied until repealed by the voters?
YES
NO
Section 5. Publication of Measure. The City Clerk is directed to publish a synopsis of the measure at least one time not later than one week before the election in accordance with Section 12111 of the Elections Code.

Section 6. Approval. Under Article XIII C of the Constitution, the vote requirement for this measure to pass shall be a majority of those casting ballots on the measure (50% plus 1).

Section 7. Consolidation. Pursuant to Section 10400 et seq. of the Elections Code, the governing body of the City of Pacific Grove hereby orders an election be called and consolidated with any and all elections to be held, and the Board of Supervisors of Monterey County and requests to consolidate the Election with the General Municipal Election and Statewide Election to be held on November 8, 2022. The City Clerk and the County Registrar of Voters are authorized to print such forms, publish such notices, and provide such information as may be necessary or convenient to assure the orderly holding of the election, DocuSign Envelope ID: 925ECA93-5753-45C9-BE7D-C8C795AE93B7 PGCC 5-17-23

4 and they shall do all other things necessary to facilitate the holding of the election in a manner harmonious and consistent with law.

Section 8. California Environmental Quality Act. The City Council hereby finds and determines that this resolution is exempt from the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. (“CEQA”) and 14 Cal. Code Re. Sections 15000 et seq. (“CEQA Guidelines”). The calling and noticing of an election for the submission of a ballot measure to voters is not a project within the meaning of CEQA Guidelines 15378. The tax submitted to the voters is a general tax that can be used for any governmental purpose; it is not a commitment to any particular action or actions.

As such, under CEQA Guidelines Section 15378 (b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue generated by the tax were used for a purpose that would have such an effect, the City of Pacific Grove would undertake the required CEQA review for that particular project. Therefore, pursuant to CEQA Guideline Section 15060 CEQA analysis is not required.

Section 9. Canvass. The Board of Supervisors is authorized to canvass the returns of the Election pursuant to Section 10411 of the Elections Code.

Section 10. Conduct of Election. Pursuant to Section 10002 of the Elections Code, the Board of Supervisors is requested to permit the County Elections Department to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the City agrees to reimburse the County, in accordance with current County pro-rations and allocation procedures.

Section 11. Filing with County. The City Clerk shall file a certified copy of this Resolution with the County Elections Department.

Section 12. Analysis and Argument. Pursuant to Elections Code Section 9280, the City Attorney shall prepare an impartial analysis of the measure that shall exceed 500 word no later than 12:00 p.m. on August 18, 2022. Any person or persons may file an argument either for or against the ballot measure. An argument for or against the measure shall not exceed 300 words in length. If more than one argument is submitted for the measure, or more than one argument against the measure, the City Clerk shall select the argument to be included with the ballot materials. The last day to submit arguments for or against the proposed measure shall be August 18, 2022. Submittals are to be delivered to the City Clerk no later than 12:00 p.m. Rebuttal arguments shall be permitted pursuant to applicable law.

The last day to submit rebuttal arguments to the City Clerk shall be August 25, 2022.

Submittals are to be delivered to the City Clerk no later than 12:00 p.m.

Section 13. Implementation. The City Clerk and City Manager are authorized to take all actions as necessary to effectuate the purposes of this resolution and the election.

The City Manager is authorized to execute all documents and to perform all other necessary acts to enter into a service agreement for the provision of election services with Monterey DocuSign Envelope ID: 925ECA93-5753-45C9-BE7D-C8C795AE93B7 PGCC 5-17-23

5 County Registrar of Voters. The City Clerk and City Attorney are authorized to make any typographical, clerical, and non-substantive corrections to this resolution as may be deemed necessary by the Monterey Elections Department.

Section 14. Declaration. The City Council shall meet to declare the results of the election called for by this Resolution at their regular meeting following certification of election results.

Section 15. Effective Date. This Resolution shall be effective immediately upon adoption.

PASSED AND ADOPTED by the Council of the City of Pacific Grove on this 20th day of July, 2022, by the following vote:

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

NOES: Mayor Pro Tem Amelio.

ABSENT: None.

APPROVED:

BILL PEAKE, Mayor
ATTEST:

DATED:
________________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
________________________________
BRIAN A. PIERIK, City Attorney
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6 EXHIBIT A
DocuSign Envelope ID: 925ECA93-5753-45C9-BE7D-C8C795AE93B7 PGCC 5-17-23

Cannabis Tax Ordinance

EXHIBIT A
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF PACIFIC GROVE,
CALIFORNIA ADDING CHAPTER 7 (CANNABIS
BUSINESS TAX) TO TITLE 7, OF THE PACIFIC GROVE

MUNICIPAL CODE ESTABLISHING A TAX ON

CANNABIS BUSINESS ACTIVITIES WITHIN THE CITY
THE PEOPLE OF THE CITY OF PACIFIC GROVE DO ORDAIN AS FOLLOWS:

SECTION 1. CODE AMENDMENT. Chapter 7.14 is added to Title 7, of the Pacific Grove City Municipal Code to read as follows:

CHAPTER 7.14

CANNABIS BUSINESS TAX

7.14.010 Title.

7.14.020 Authority and purpose.

7.14.030 Intent.

7.14.040 Definitions.

7.14.050 Tax imposed.

7.14.060 Registration, reporting, and remittance of tax.

7.14.070 Payments and communications –timely remittance.

7.14.080 Payment – when taxes deemed delinquent.

7.14.090 Notice not required by City.

7.14.100 Penalties and interest.

7.14.110 Refunds and credits.

7.14.120 Refunds and procedures.

7.14.130 Personal cultivation not taxed.

7.14.140 Administration of the tax.

7.14.150 Appeal procedure.

7.14.160 Enforcement –action to collect.

7.14.170 Apportionment.

7.14.180 Constitutionality and legality.

7.14.190 Audit and examination of premises and records.

7.14.200 Other licenses, permits, taxes or charges.

7.14.210 Payment of tax does not authorize unlawful business.

7.14.220 Deficiency determinations.

7.14.230 Failure to report – nonpayment, fraud.

7.14.240 Tax assessment –notice requirements.

7.14.250 Tax assessment – hearing, application, and determination.

7.14.260 Relief from taxes-disaster relief.

7.14.270 Conviction for violation – taxes not waived.

7.14.280 Violation deemed misdemeanor.

7.14.290 Severability.

7.14.300 Remedies cumulative.

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Cannabis Tax Ordinance

7.14.310 Amendment or modification.

7.14.010 Title.

This ordinance shall be known as the Cannabis Business Tax Ordinance. This ordinance shall be applicable in the City of Pacific Grove, California which shall be referred to herein as “City.”

7.14.020 Authority and Purpose.

The purpose of this Ordinance is to adopt a tax, for revenue purposes, pursuant to Sections 7284, and 7284.4 of the Revenue and Taxation Code, upon cannabis businesses that engage in business in the City. The Cannabis Business Tax is levied based upon business gross receipts. It is not a sales and use tax, a tax upon income, or a tax upon real property and shall not be calculated or assessed as such. The Cannabis Business Tax shall not be separately identified or otherwise specifically assessed or charged to any member, customer, patient, or caretaker. The Cannabis Business Tax is a general tax enacted solely for general, governmental purposes of the City and not for specific purposes. All of the proceeds from the tax imposed by this chapter shall be placed in the City's general fund and be available for any lawful City purpose.

7.14.030 Intent.

The intent of this Ordinance is to levy a tax on all cannabis retail businesses that operate in the City, regardless of whether such business would have been legal at the time this chapter was adopted. Nothing in this chapter shall be interpreted to authorize or permit any business activity that would not otherwise be legal or permissible under laws applicable to the activity at the time the activity is undertaken.

7.14.040 Definitions.

The following words and phrases shall have the meanings set forth below when used in this chapter:

A. An "arm's length transaction" is a sale entered into in good faith and for valuable consideration at a sales price that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction.

B. “Business” shall include all activities engaged in or caused to be engaged in within the City, including any commercial or industrial enterprise, trade, profession, occupation, vocation, calling, or livelihood, whether or not carried on for gain or profit, but shall not include the services rendered by an employee to his or her employer.

C. “Calendar year” means January 1 through December 31, of the same year.

D. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or DocuSign Envelope ID: 925ECA93-5753-45C9-BE7D-C8C795AE93B7 PGCC 5-17-23

Cannabis Tax Ordinance

purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” shall not include “industrial hemp,” unless otherwise specified.

E. “Cannabis product” means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product. “Cannabis product” also means cannabis products as defined by Section 11018.1 of the California Health and Safety Code and is not limited to medicinal cannabis products.

F. “Cannabis business” means any business activity involving cannabis or industrial hemp, including but not limited to cultivating, transporting, distributing, manufacturing, compounding, converting, processing, preparing, storing, packaging, delivering, testing, dispensing, retailing, and wholesaling of cannabis, cannabis products, industrial hemp, industrial hemp products or of ancillary products and accessories, whether or not carried on for gain or profit.

G. “Cannabis business tax” means the tax due pursuant to this chapter for engaging in a cannabis business in the City.

H. “Commercial cannabis permit” means a permit, license, certificate, or other approval issued by the City to a person to authorize that person to operate a cannabis business or engage in business as a cannabis business within the City.

I. “Employee” means each and every person engaged in the operation or conduct of any business, whether as owner, member of the owner's family, partner, associate, agent, manager, or solicitor, and each and every other person employed or working in such business for a wage, salary, commission, barter or any other form of compensation.

J. “Engaged in business as a cannabis business” means the commencing, conducting, operating, managing, or carrying on of a cannabis business, whether done as owner, or by means of an officer, agent, manager, employee, or otherwise. A person shall be deemed engaged in business within the City if:

1. Such person or person’s employee maintains a fixed place of business within the City for the benefit or partial benefit of such person;

2. Such person or person’s employee owns or leases real property within the City for business purposes;

3. Such person or person’s employee maintains a stock of tangible personal property in the City for sale in the ordinary course of business;

4. Such person or person’s employee conducts solicitation of business within the City; or

5. Such person or person’s employee performs work or renders services in the City.

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Cannabis Tax Ordinance

The foregoing specified activities shall not be a limitation on the meaning of “engaged in business.”
K. “Evidence of doing business” means evidence such as, without limitation, use of signs, circulars, cards, or any other advertising media, including the use of internet or telephone solicitation, or representation to a government agency or to the public that such person is engaged in a cannabis business in the City.

L. “Fiscal year” means July 1, through June 30, which is the period used by the City for financial reporting and budgeting.

M. “Gross Receipts,” except as otherwise specifically provided, means, whether designated as a sales price, royalty, rent, membership fee, ATM service fee, delivery fee, slotting fee, any other fee, vaping room service charge, commission, dividend, or other designation, the total amount (including all receipts, cash, credits, services and property of any kind or nature) received or payable for sales of goods, wares or merchandise, or for the performance of any act or service of any nature for which a charge is made or credit allowed (whether such service, act or employment is done as part of or in connection with the sale of goods, wares, merchandise or not), without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, losses or any other expense whatsoever. In the event the business is involved in a “non-arms” length transaction the gross receipts will be subject to the fair market value using a methodology approved by the Tax Administrator. However, the following shall be excluded from Gross Receipts:

1. Cash discounts were allowed and taken on sales;

2. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;

3. Such part of the sale price of any property returned by purchasers to the seller as refunded by the seller by way of cash or credit allowances or return of refundable deposits previously included in gross receipts;

4. Receipts derived from the occasional sale of used, obsolete or surplus trade fixtures, machinery or other equipment used by the taxpayer in the regular course of the taxpayer's business;

5. Cash value of sales, trades or transactions between departments or units of the same business located in the City of Pacific Grove and if authorized by the Tax Administrator in writing in accordance with Section 7.14.140 (B);

6. Whenever there are included within the gross receipts amounts which reflect sales for which credit is extended and such amount proved uncollectible in a subsequent year, those amounts may be excluded from the gross receipts in the year they prove to be uncollectible; provided, however, if the whole or portion of such amounts excluded as uncollectible are subsequently collected, they shall be included in the amount of gross receipts for the period when they are recovered; DocuSign Envelope ID: 925ECA93-5753-45C9-BE7D-C8C795AE93B7 PGCC 5-17-23

Cannabis Tax Ordinance

7. Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded;

8. Amounts collected for others where the business is acting as an agent or trustee and to the extent that such amounts are paid to those for whom collected. These agents or trustees must provide the Tax Administrator with the names and the addresses of the others, and the amounts paid to them. This exclusion shall not apply to any fees, percentages, or other payments retained by the agent or trustees;

9. Retail sales of non-cannabis products, such as t-shirts, sweaters, hats, stickers, key chains, bags, books, posters, rolling papers, cannabis accessories such as pipes, pipe screens, vape pen batteries (without cannabis or industrial hemp) or other personal tangible property which the Tax Administrator has excluded in writing by issuing an administrative ruling per Section 7.14.140 shall not be subject to the cannabis business tax under this chapter. However, such transaction may be subject to Chapter 7.04 and Section 7.04.040.

10. Payments made by the tax-reporting cannabis business (Seller) to a cannabis business (Buyer) for the difference in the original acquisition price and subsequent renegotiated or finalized selling price of products or services sold to a specific end customer. This type of transaction is referred to as a “Billback”. The tax-reporting cannabis business must provide supporting documentation to substantiate the transaction in order to be eligible for an exemption.

11. Any business which sells industrial hemp and/or hemp products or offers services or activities related to industrial hemp or hemp products and /or which is not required to obtain a cannabis or industrial hemp permit or license from the City or the State for the purpose of cultivating, growing, drying, curing, manufacturing, processing, packaging, transporting, distributing, testing or selling of industrial hemp either wholesale or retail shall be exempt from the cannabis tax provided that such business does not generate more than 50% of their total gross receipts in the reporting period from the business from industrial hemp activities. However, the exemption may be amended by the City Council by resolution or ordinance pursuant to Section 7.14.050 (B) to increase or decrease the percentage of the business’s hemp and/or hemp products gross receipts reporting from zero to one hundred percent. To the extent the gross receipts from the hemp activities do not meet the relevant percentage to be included, this exclusion shall reduce the gross receipts to zero for the sole purpose of calculating the cannabis tax.

N. “Industrial hemp” means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom. However, should the federal or state legislative body increase or decrease the percentage of tetrahydrocannabinol (THC) then this new limit shall be applicable to the tax unless modified by resolution or ordinance of the City Council pursuant to Section 7.14.310.

O. “Industrial hemp products” means any raw hemp that has undergone a process DocuSign Envelope ID: 925ECA93-5753-45C9-BE7D-C8C795AE93B7 PGCC 5-17-23

Cannabis Tax Ordinance

whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product. “Hemp product” also means hemp products as defined by Section 11018.5 of the California Health and Safety Code.

P. “Medicinal cannabis” or “medicinal cannabis product” means cannabis or a cannabis product, intended to be sold or sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, for a medicinal cannabis patient in California who possesses a physician’s recommendation, or a cannabis card issued pursuant to Health and Safety Code Section 11362.71.

Q. A "non-arm's length transaction" is a transaction that does not meet the definition of an "arm's length transaction." In other words, the transaction is not a sale entered into in good faith and that reflects fair market value in the open market. One example of a non-arm's length transaction would be when a cultivator sells cannabis goods to a cannabis distributor at a sales price that is lower than what the same cultivator would to other cannabis distributors, or which does not reflect the fair market value in the open market.

R. “Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, whether organized as a nonprofit or for-profit entity, and includes the plural as well as the singular number.

S. “Retailer” means a person as defined in Section 7.14.040 (R) who sells cannabis, cannabis products, hemp and/or hemp products at their place of business or by delivery to an end user or customer for use or consumption rather than to another person or business for resale.

T. “Sale” “Sell” and “to sell” means and includes any sale, exchange, or barter either as a retailer or wholesaler by a person as defined by Section 7.14.040 (R) . It shall also mean any transaction whereby, for any consideration, title to cannabis, cannabis products, industrial hemp and/or industrial hemp products are transferred from one person to another and includes the delivery of cannabis, cannabis products, industrial hemp and/or industrial hemp products pursuant to an order placed for the purchase of the same, but does not include the return of cannabis, cannabis products, industrial hemp and/or industrial hemp products to the licensee from whom the cannabis, cannabis product, industrial hemp and/or industrial hemp product was purchased.

U. “State” means the State of California.

V. “State license,” “license,” or “registration” means a state license issued pursuant to California Business & Professions Code Section 26050, and all other applicable state laws, required for operating a cannabis business.

W. “Tax Administrator” means the City Manager of the City of Pacific Grove or his/her designee(s).

7.14.050 Tax Imposed.

A. Beginning January 1, 2023, there is imposed upon each person who is engaged in DocuSign Envelope ID: 925ECA93-5753-45C9-BE7D-C8C795AE93B7 PGCC 5-17-23

Cannabis Tax Ordinance

business as a cannabis business a cannabis business tax. Such tax is payable regardless of whether the person has been issued a commercial cannabis business license, permit, or certificate to operate lawfully in the City or is operating unlawfully. The City’s acceptance of a cannabis business tax payment from a cannabis business operating illegally shall not constitute the City’s approval or consent to such illegal operations.

B. The City Council may, by resolution or ordinance, increase or decrease the rate of the cannabis business tax, including the initial rate of the cannabis business tax. The City Council may, by resolution or ordinance, increase or decrease the rate of the cannabis business tax on hemp or hemp products, including the initial rate of the tax on hemp or hemp products independent of other cannabis activities.

Notwithstanding the foregoing, in no event shall the City Council repeal this tax or set any adjusted rate that exceeds the maximum rates calculated pursuant to this chapter.

C. The maximum rate of the cannabis business tax shall be calculated as follows:

1. For every person engaged in retail sales of cannabis, cannabis products, industrial hemp, and/or industrial hemp products, including as a retailer (dispensary) or non-storefront retailer (retail delivery business), or microbusiness, the person shall be subject to the maximum tax rate not to exceed six percent (6%) of gross receipts.

D. Persons subject to the cannabis business tax shall register with the City and if applicable pay the registration fee adopted by resolution or ordinance by the City Council.

7.14.060 Registration, reporting and remittance of tax.

A. Registration of Cannabis Business. All cannabis businesses shall be required to annually register as follows:

1. All persons engaging in business as a cannabis business, whether an existing, newly established or acquired businessshall register with the Tax Administrator within thirty (30) calendar days of commencing operation and shall annually renew such registration within 30 calendar days of the business registration anniversary date of each year thereafter. In registering, such persons shall furnish to the Tax Administrator a sworn statement, upon a form prescribed by the Tax Administrator, setting forth the following information:
i. The name of the business
ii. The names and addresses of each owner
iii. The exact nature or kind of business;
iv. The place where such business is to be carried on; and DocuSign Envelope ID: 925ECA93-5753-45C9-BE7D-C8C795AE93B7 PGCC 5-17-23

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v. Any additional information which the Tax Administrator may require.

B. An annual registration fee in accordance with the current and approved City fee schedule shall be presented with the sworn statement submitted under this chapter and may be adjusted annually by resolution or ordinance of the City Council.

C. The cannabis business tax imposed by this chapter shall be paid, in arrears, on a monthly basis. Each person owing a cannabis business tax shall on or before the last day of the month following the close of each month file with the Tax Administrator a statement (“tax statement”) of the tax owed for that calendar month and the basis for calculating that tax. The Tax Administrator may require that the tax statement be submitted on a form prescribed by the Tax Administrator. The tax for each calendar month shall be due and payable on the same date that the tax statement is due.

D. Upon cessation of a cannabis business, tax statements and payments shall be immediately due for all calendar months up through the calendar month during which cessation occurred.

E. In the event that there is a change in ownership of any cannabis business:
a. The new owner is required to submit an updated registration form to the Tax Administrator;
b. The new owner is subject to an audit by the Tax Administrator; and c. Unless otherwise provided by law, it is the joint and several liability of both the seller and buyer to remit any taxes, interest, penalties, and fees due up until the date of sale; otherwise, enforcement action may be taken pursuant to Section

7.14.160 of this chapter against both the seller and/or buyer in an amount to be determined by the Tax Administrator.

F. The Tax Administrator may, at his or her discretion, establish alternative reporting and payment periods for any taxpayer as the Tax Administrator deems necessary to ensure effective collection of the cannabis business tax. The Tax Administrator may also require that a deposit, to be applied against the taxes for a calendar month, be made by a taxpayer at the beginning of that calendar month. In no event shall the deposit required by the Tax Administrator exceed the tax amount he or she projects will be owed by the taxpayer for the calendar month. The Tax Administrator may require that a taxpayer make payments via a cashier’s check, money order, wire transfer, or similar instrument.

7.14.070 Payments and communications – timely remittance.

Whenever any payment, statement, report, request, or other communication is due, it must be received by the Tax Administrator on or before the due date. A postmark will not be accepted as timely remittance. If the due date would fall on a Saturday, Sunday or a holiday observed by the City, the due date shall be the next regular business day on which the City is open to the public.

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7.14.080 Payment - when taxes deemed delinquent.

Unless otherwise specifically provided under other provisions of this chapter, the taxes required to be paid pursuant to this chapter shall be deemed delinquent if not received by the Tax Administrator on or before the due date as specified in Sections 7.14.060 and 7.14.070.

7.14.090 Notice not required by the City.

The City may as a courtesy send a tax notice to the cannabis business which owes the City a cannabis business tax. However, the Tax Administrator is not required to send a delinquency or other notice or bill to any person subject to the provisions of this chapter. Failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this chapter.

7.14.100 Penalties and interest.

A. Any person who fails or refuses to pay any cannabis business tax required to be paid pursuant to this chapter on or before the due date shall pay penalties and interest as follows:

1. A penalty equal to ten percent (10%) of the amount of the tax, in addition to the amount of the tax, plus interest on the unpaid tax calculated from the due date of the tax at the rate of one percent (1%) per month.

2. If the tax remains unpaid for a period exceeding one calendar month beyond the due date, an additional penalty equal to twenty-five percent (25%) of the amount of the tax, plus interest at the rate of one percent (1%) per month on the unpaid tax and on the unpaid penalties.

3. Interest shall be applied at the rate of one percent (1%) per month on the first day of the month for the full month and will continue to accrue monthly on the tax and penalty until the balance is paid in full.

B. Whenever a check or electronic payment is submitted in payment of a cannabis business tax and the payment is subsequently returned unpaid by the bank for any reason, the taxpayer will be liable for the tax amount due plus any fees, penalties, and interest as provided for in this chapter, and any other amount allowed under state law.

C. The Tax Administrator may waive the penalties imposed upon any person under this Section 7.14.100 if:

1. The person requests a waiver of penalties by submitting a written request for waiver to the Tax Administrator no later than June 30 of the second fiscal year following the fiscal year in which the tax became delinquent; and

2. The person provides evidence satisfactory to the Tax Administrator that the failure to pay timely was due to circumstances beyond the control of the person and occurred notwithstanding the exercise of ordinary care and in the absence of willful DocuSign Envelope ID: 925ECA93-5753-45C9-BE7D-C8C795AE93B7 PGCC 5-17-23

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neglect; and the person paid the delinquent taxes, penalties, accrued interest, and fees owed prior to applying to the Tax Administrator for a waiver.

D. The waiver provisions specified in Section 7.14.100 (C) shall not apply to interest accrued on the delinquent taxes and a waiver shall be granted only once during any twenty-four month period. The Tax Administrator’s decision on a request for a waiver of penalties is final and conclusive and not subject to appeal under Section 7.14.150.

7.14.110 Refunds and credits.

A. No refund shall be made of any tax collected pursuant to this chapter, except as provided in Section 7.14.120.

B. No refund of any tax collected pursuant to this chapter shall be made because of the discontinuation, dissolution, or other termination of a business.

7.14.120 Refunds and procedures.

A. Whenever the amount of any cannabis business tax, penalty or interest has been overpaid, paid more than once, or has been erroneously collected or received by the City under this chapter, it may be refunded to the claimant who paid the tax provided that a written claim for refund signed under the penalty of perjury is filed with the Tax Administrator within one (1) year of the date the tax was originally due or paid, whichever came first. A person may only file a claim for refund if the person paid the tax. No person shall be entitled to a refund unless the person can support the claim by written records sufficient to show entitlement thereto. The Tax Administrator's decision on a claim for refund is final and conclusive and not subject to appeal under Section 7.14.150.

B. The Tax Administrator, his or her designee which may include a third party, or any other City officer charged with the administration of this chapter shall have the right to examine and audit all the books and business records of the claimant in order to determine the eligibility of the claimant to the claimed refund. No claim for refund shall be allowed if the claimant refuses to allow such examination of claimant's books and business records after requested by the Tax Administrator to do so. The Tax Administrator may collect a fee adopted by resolution by the City Council to pay for the cost of examination and audit should the books and records be provided in a form insufficient to allow the Tax Administrator to make a determination on the claim for refund.

C. In the event that the cannabis business tax was erroneously paid in an amount in excess of the tax due, and the error is attributable to the City, the City shall refund the amount of tax erroneously paid; provided that (i) a claim for refund has been timely filed with the Tax Administrator; and (ii) the refund cannot exceed, under any circumstance, the amount of tax overpaid during the twelve months preceding the last month for which the claim states the tax was overpaid.

7.14.130 Personal Cultivation Not Taxed.

The provisions of this chapter shall not apply to personal cannabis cultivation or personal use of cannabis, to the extent those activities are authorized in the “Medicinal and Adult Use DocuSign Envelope ID: 925ECA93-5753-45C9-BE7D-C8C795AE93B7 PGCC 5-17-23

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Cannabis Regulation and Safety Act,” as may be amended. This chapter shall not apply to personal use of cannabis that is specifically exempted from state licensing requirements, that meets the definition of personal use or equivalent terminology under state law, and provided that the individual receives no compensation whatsoever related to that personal cultivation or use.

7.14.140 Administration of the tax.

A. It shall be the duty of the Tax Administrator to collect the taxes, interest, penalties, fees, and perform the duties required by this chapter.

B. For purposes of administration and enforcement of this chapter generally, the Tax Administrator may from time to time promulgate such administrative interpretations, rules, and procedures consistent with the purpose, intent, and express terms of this chapter as he or she deems necessary to implement or clarify such provisions or aid in enforcement.

C. The Tax Administrator may take such administrative actions as needed to administer the cannabis business tax, including but not limited to:

1. Provide to all cannabis business taxpayers forms for the reporting of the tax;

2. Provide information to any taxpayer concerning the provisions of this chapter;

3. Receive and record all taxes remitted to the City as provided in this chapter;

4. Maintain records of taxpayer reports and taxes collected pursuant to this chapter;

5. Assess penalties and interest to taxpayers pursuant to this chapter;

6. Determine amounts owed under and enforce collection pursuant to this chapter.

7.14.150 Appeal procedure.

A taxpayer aggrieved by a decision of the Tax Administrator with respect to the amount of tax, interest, penalties, and fees, if any, due under this chapter may appeal only if a hearing was requested and attended pursuant to Section 7.14.250. An appeal may be made by filing a notice of appeal with the City Clerk within fifteen (15) calendar days of the serving or mailing of the Tax Administrator’s decision of the amount due. Upon receipt of a timely notice of appeal, the City Clerk, or his or her designee, shall fix a time and place for hearing such appeal with an Administrative Hearing Officer selected pursuant to PGMC Chapter 1.19.110. The appeal shall be deemed a request for hearing on an administrative citation. An appeal fee shall be paid in advance as determined by the Master Fee Schedule. The City Clerk, or his or her designee, shall give at least ten (10) calendar days’ notice of the appeal hearing in writing to such taxpayer at the last known place of address. The Administrative Hearing Officer shall render a written decision that shall be served on the taxpayer at the last known place of address. The decision of the Administrative Hearing Officer shall be final and conclusive. Any amount found to be due by the Administrative Hearing Officer shall be immediately due and payable upon the service of the decision. If no notice of appeal is filed within the time prescribed in this Section, the Tax DocuSign Envelope ID: 925ECA93-5753-45C9-BE7D-C8C795AE93B7 PGCC 5-17-23

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Administrator’s decision with respect to the amount of tax, interest, penalties, and fees due is final and conclusive.

7.14.160 Enforcement - action to collect.

A. Any taxes, interest, penalties, and/or fees required to be paid under the provisions of this chapter shall be deemed a debt owed to the City. Any person owing money to the City under the provisions of this chapter shall be liable in an action brought in the name of the City for the recovery of such debt. The provisions of this chapter shall not be deemed a limitation upon the right of the City to bring any other action including criminal, civil and equitable actions, based upon the failure to pay the tax, interest, penalties, and/or fees imposed by this chapter or the failure to comply with any of the provisions of this chapter.

7.14.170 Apportionment.

If a person subject to the tax is operating both within the City and outside the City, it is the intent of the City to apply the cannabis business tax so that the measure of the tax fairly reflects the proportion of the taxed activity actually carried on in the City. To the extent federal or state law requires that any tax due from any taxpayer be apportioned, the taxpayer may indicate said apportionment on his or her tax return. The Tax Administrator may promulgate administrative procedures for apportionment as he or she finds useful or necessary.

7.14.180 Constitutionality and legality. This tax is intended to be applied in a manner consistent with the United States and California Constitutions and state law. None of the tax provided for by this chapter shall be applied in a manner that causes an undue burden upon interstate commerce, a violation of the equal protection or due process clauses of the Constitutions of the United States or the State of California or a violation of any other provision of the California Constitution or state law. If a person believes that the tax, as applied to him or her, is impermissible under applicable law, he or she may request that the Tax Administrator release him or her from the obligation to pay the impermissible portion of the tax.

7.14.190 Audit and examination of premises and records.

A. For the purpose of ascertaining the amount of cannabis business tax owed or verifying any representations made by any taxpayer to the City in support of his or her tax calculation, the Tax Administrator or his/her designees which may include a third party shall have the power to inspect any location where commercial cannabis activity occurs and to audit and examine all books and records (including, but not limited to bookkeeping records, access to METRC data, and/or point-of-sale data, state and/or federal income tax returns, excise tax returns, and other records relating to the gross receipts of the business) of persons engaged in cannabis businesses. In conducting such investigation, the Tax Administrator, or his/her designees which may include a third party shall have the power to inspect any equipment or software, such as computers, software systems, platforms, and databases (including METRC), and/or point of sale systems, to include any keys or access codes for access to and use of the equipment and/or software, that may contain such records.

B. It shall be the duty of every person liable for the collection and payment to the City of any tax imposed by this chapter to keep and preserve, for a period of at least three (3) years, all DocuSign Envelope ID: 925ECA93-5753-45C9-BE7D-C8C795AE93B7 PGCC 5-17-23

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records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of and payment to the City, which records the Tax Administrator or his/her designee which may include a third party shall have the right to inspect at all reasonable times.

7.14.200 Other licenses, permits, taxes, fees, or charges.

A. Nothing contained in this chapter shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any commercial cannabis permit, City license, permit, or other certificate required by, under or by virtue of any provision of any other Chapter of this code or any other ordinance or resolution of the City, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required under any other Chapter of this code or any other ordinance or resolution of the City. Any references made or contained in any other Chapter of this code to any licenses, permits, certificates, taxes, fees, or charges, or to any schedule of license, permit, certificate, or fees, shall be deemed to refer to the licenses, permits or certificates, and their respective taxes, fees or charges, or schedule of fees, provided for in other Chapters of this code.

B. A commercial cannabis permit issued under the Pacific Grove Municipal Code may be revoked, suspended or not renewed in the event that the business holding that permit has failed to (i) make a deposit required by the Tax Administrator pursuant to Section 7.14.60 or (ii) timely pay all taxes, interest and penalties owed by that business under this chapter.

7.14.210 Payment of tax does not authorize unlawful business.

A. The payment of a cannabis business tax required by this chapter, and its acceptance by the City, shall not entitle any person to carry on any cannabis business unless the person has complied with all of the requirements of this code and all other applicable state laws.

B. No tax paid under the provisions of this chapter shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any business in violation of any local or state law.

7.14.220 Deficiency determinations.

If the Tax Administrator is not satisfied that any statement filed as required under the provisions of this chapter is correct, or that the amount of tax is correctly computed, he or she may compute and determine the amount to be paid and make a deficiency determination upon the basis of the facts contained in the statement or upon the basis of any information in his or her possession or that may come into his or her possession within three (3) years of the date the tax was originally due and payable. One or more deficiency determinations of the amount of tax due for a period or periods may be made. When a person discontinues engaging in a cannabis business, a deficiency determination may be made at any time within three (3) years thereafter as to any liability arising from engaging in such cannabis business whether or not a deficiency determination is issued prior to the date the tax would otherwise be due. Whenever a deficiency determination is made, a notice shall be given to the person concerned in the same manner as notices of assessment are given under Sections 7.14.240 and 7.14.250.

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7.14.230 Failure to report—nonpayment, fraud.

A. Under any of the following circumstances, the Tax Administrator may make and give notice of an assessment of the amount of tax owed by a person under this chapter at any time:

1. If the person has not filed a complete statement required under the provisions of this chapter;

2. If the person has not paid the tax due under the provisions of this chapter;

3. If the person has not, after demand by the Tax Administrator, filed a corrected statement, or furnished to the Tax Administrator adequate substantiation of the information contained in a statement already filed, or paid any additional amount of tax due under the provisions of this chapter; or

4. If the Tax Administrator determines that the nonpayment of any cannabis business tax due under this chapter is due to fraud, a penalty of twenty-five percent (25%) of the amount of the tax shall be added thereto in addition to penalties and interest otherwise payable under this chapter and any other penalties allowed by law.

B. The notice of assessment shall separately set forth the amount of any tax known by the Tax Administrator to be due or estimated by the Tax Administrator, after consideration of all information within the Tax Administrator's knowledge concerning the business and activities of the person assessed, to be due under each applicable provision of this chapter and shall include the amount of any penalties or interest accrued on each amount to the date of the notice of assessment.

The notice shall state that the person has thirty (30) calendar days from the date of the notice to make a written request for an informal hearing before the Tax Administrator. The notice shall also state that if the person fails to timely request an informal hearing within the time allowed, the amount determined by the Tax Administrator is final and conclusive and is immediately due and payable.

7.14.240 Tax assessment - notice requirements.

The notice of assessment shall be served upon the person either by personal delivery, by overnight delivery by a nationally-recognized courier service, or by a deposit of the notice in the United States mail, postage prepaid thereon, addressed to the person at the address of the location of the business or to such other address as he or she shall register with the Tax Administrator for the purpose of receiving notices provided under this chapter; or, should the person have no address registered with the Tax Administrator for such purpose, then to such person's last known address.

For the purpose of Section 7.14.240, a service by overnight delivery shall be deemed to have occurred one (1) calendar day following deposit with a courier and service by mail shall be deemed to have occurred three (3) days following deposit in the United States mail.

7.14.250 Tax assessment - hearing, application, and determination.

Within thirty (30) calendar days after the date of service of the notice of assessment the person may apply in writing to the Tax Administrator for an informal hearing on the assessment.

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assessed by the Tax Administrator shall become final and conclusive. Within thirty (30) calendar days of the receipt of any such application for an informal hearing, the Tax Administrator shall cause the matter to be set for an informal hearing before him or her, or his/her designee, no later than thirty (30) calendar days after the receipt of the application, unless a later date is agreed to by the Tax Administrator and the person requesting the informal hearing. Notice of such informal hearing shall be given by the Tax Administrator to the person requesting such informal hearing no later than five (5) calendar days prior to such informal hearing. A hearing under this section shall be informal and need not follow any formal rules of evidence. At such hearing said applicant may appear and offer evidence why the assessment as made by the Tax Administrator should not be confirmed and fixed as the tax due. After such hearing the Tax Administrator shall determine and reassess (if necessary) the proper amount of tax, interest, penalties, and fees to be charged and shall give written notice of the decision to the person in the manner prescribed in Section 7.14.240 for giving notice of assessment. No appeal of a notice of assessment may be made under Section

7.14.150 unless an informal hearing is timely requested, and the person attends the hearing. If the person fails to appear at the informal hearing, the amount due determined by the Tax Administrator in the notice of assessment is final and conclusive.

7.14.260 Relief from taxes – disaster relief.

A. If a person is unable to comply with any tax requirement imposed under this chapter due to a disaster impacting its cannabis business, the person may notify the Tax Administrator of its inability to comply and request relief from the tax requirement. For purposes of this chapter, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity resulting in physical damage to real property, whether or not resulting from natural causes.

B. The person shall provide any information required by the Tax Administrator including, without limitation, why relief is requested, the time period for which the relief is requested, and the reason relief is needed for the specific amount of time. The person agrees to grant the Tax Administrator or his/her designee access to the location where the cannabis business has been impacted due to a disaster.

C. The Tax Administrator, in his/her sole discretion, may provide relief from the cannabis business tax requirement for businesses whose operations have been impacted by a disaster if such tax relief does not exceed ten thousand ($10,000) dollars. Such temporary relief may be granted for a reasonable amount of time, in the Tax Administrator’s sole discretion, and the amount and duration of relief should be based upon how long it would reasonably take for the cannabis business to recover from the disaster. The Tax Administrator may require that the cannabis business follow certain conditions to receive temporary relief from the cannabis business tax requirement. The Tax Administrator's decision on a request for relief and the conditions that may be imposed for relief under this section are final and conclusive and not subject to appeal under Section 7.14.150.

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7.14.270 Conviction for violation - taxes not waived.

The conviction and punishment of any person for failure to pay the required tax shall not excuse or exempt such person from any civil action for the tax debt unpaid at the time of such conviction. No civil action shall prevent a criminal prosecution for any violation of the provisions of this chapter or of any state law requiring the payment of all taxes.

7.14.280 Violation deemed misdemeanor.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.

Any violation of the provisions of this chapter is unlawful and may be enforced pursuant to Chapter

1.16 PGMC.

7.14.290 Severability.

If any provision of this chapter, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this chapter or the application of this chapter to any other person or circumstance and, to that end, the provisions hereof are severable.

7.14.300 Remedies cumulative.

All remedies and penalties prescribed by this chapter, or which are available under any other provision of this code and any other provision of law or equity are cumulative. The use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.

7.14.310 Amendment or modification.

Except as set forth in Section 7.14.310, this chapter may be amended or modified but not repealed by the City Council without a vote of the people. However, as required by Article XIII C of the California Constitution, voter approval is required for any amendment that would expand, extend, or increase the rate of any tax levied pursuant to this chapter beyond the maximums set forth in this chapter. The people of the City of Pacific Grove affirm that the following actions shall not constitute an increase of the rate of a tax:

A. The restoration or adjustment of the rate of the tax to a rate that is no higher than that allowed by this chapter, in those circumstances where, among others, the City Council has previously acted to reduce the rate of the tax or is incrementally implementing an increase authorized by this chapter;
B. An action that interprets or clarifies (i) the methodology of applying or calculating the tax or (ii) any definition applicable to the tax, so long as the interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the provisions of this chapter; or
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C. The collection of the tax imposed by this chapter even if the City had, for some period of time, failed to collect the tax.

SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The people of the City of Pacific Grove hereby declare that they would have passed this ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

SECTION 3. ENVIRONMENTAL COMPLIANCE. The City Council hereby finds and determines that this resolution or ordinance is exempt from the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. (“CEQA”) and 14 Cal. Code Re.

Sections 15000 et seq. (“CEQA Guidelines”). The calling and noticing of an election for the submission of a ballot measure to voters is not a project within the meaning of CEQA Guidelines 15378. The tax submitted to the voters is a general tax that can be used for any governmental purpose; it is not a commitment to any particular action or actions.

As such, under CEQA Guidelines Section 15378 (b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue generated by the tax were used for a purpose that would have such an effect, the City of Pacific Grove would undertake the required CEQA review for that particular project. Therefore, pursuant to CEQA Guideline Section 15060 CEQA analysis is not required.

SECTION 4. EFFECTIVE DATE. Pursuant to the California Constitution, Article XIIIC(2)(b) and California Elections Code § 9217, if a majority of the voters voting in the election on this measure vote in favor of the adoption of this measure, this ordinance shall be deemed valid and binding and shall be considered adopted upon the date that the vote is declared by the City Council and shall go into effect ten (10) days after that date.

This Ordinance was approved and adopted by the People of the City of Pacific Grove at the City’s November 8, 2022 statewide election.

This Ordinance was approved by Declaration of the vote by the City Council of Pacific Grove on ______________.
____________________________________
BILL PEAKE, Mayor
ATTEST:

DATED:_____________________
____________________________
SANDRA KANDELL, City Clerk
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APPROVED AS TO FORM:
____________________________
BRIAN PIERIK, City Attorney
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1 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE, AMENDING CHAPTER 11.100 TO THE PACIFIC GROVE

MUNICIPAL CODE ESTABLISHING COMMERCIAL CANNABIS

LICENSING REGULATIONS
WHEREAS, in 1996, the voters of the State of California approved Proposition 215, which was codified as Health and Safety Code Section 11362.et seq., and entitled the Compassionate Use Act of 1996, which intended to enable seriously ill Californians to legally possess, use, and cultivate marijuana for medical use under limited, specified circumstances; and
WHEREAS, in 2004, the California legislature enacted Senate Bill 420, the Medicinal Marijuana Program (the “MMP”), which, as codified in California Health and Safety Code Section 11362.7 et seq., was intended to clarify the CUA’s scope and immunize from criminal prosecution, under specified state laws, certain activities and conduct related to the provision of medicinal marijuana to qualified patients; and WHEREAS, on November 8, 2016, the voters of the State of California approved Proposition 64, entitled the “Control, Regulate and Tax Adult Use of Marijuana Act,” which legalizes and regulates recreational marijuana in California; and, WHEREAS, the State has established an integrated licensing and regulatory system for both medicinal and recreational marijuana businesses consistent with Propositions 215 and 64 entitled the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), codified in Business and Professions Code section 26000 et seq.; and,
WHEREAS, Business and Professions Code section 26200 expressly recognizes the ability of cities to completely prohibit all medicinal and recreational cannabis businesses or to allow and regulate such businesses; and, WHEREAS, a majority of the voters in Pacific Grove who voted on Measure M at the November 8, 2022 election voted in favor of Measure M, which was an advisory measure asking whether the electors supported amending the Municipal Code to allow one cannabis retailer in the City at a location at least 1000 feet from any existing licensed daycare/preschool, youth center, or school; and WHEREAS, in order to protect the public health, safety, and welfare, and consistent with the will of the voters of Pacific Grove, the City desires to amend the Municipal Code to allow one cannabis retailer to be located in the City consistent with Measure M.

THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE DOES ORDAIN AS FOLLOWS:

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- 2 -
DRAFT 3/30/20
SECTION 1. CEQA Findings. The City Council finds that the adoption of this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the common sense exemption (CEQA Guideline 15061(b)(3)) because it can be see with certainty that there is no possibility that permitting one cannabis retail location to operate within the City may have a significant effect on the environment. Cannabis retail operations are small footprint and retailers are likely to operate within an existing vacant location rather than engage in new construction, and would likely qualify for the in-fill development exemption (CEQA Guideline 15332). In the event the sole retailer permitted in Pacific Grove does not qualify for the in-fill development exemption or another CEQA exemption, CEQA review would be conducted concurrently with project processing, ensuring that any environmental impacts are less than significant.

SECTION 2. Amendment of Chapter 11.100
Chapter 11.100 (Cannabis) is amended in its entirety to read as shown in Exhibit A.

SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. Effective Date. This ordinance shall take effect thirty (30) days after its passage by the City Council.

SECTION 5. Publication. The City Clerk shall cause this ordinance to be published or posted in accordance with Government Code section 36933.

Mayor
APPROVED AS TO FORM:

Brian A. Pierik
City Attorney
ATTEST:

City Clerk
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STATE OF CALIFORNIA )

COUNTY OF MONTEREY )

CITY OF PACIFIC GROVE )
I, _______________, City Clerk of the City of Pacific Grove, California, do hereby certify that the foregoing Ordinance No. ___ was duly introduced at a meeting of the City Council of the City of Pacific Grove, California, on ____________, 2023, and adopted at a regular meeting of the City Council of the City of Pacific Grove, California, on ______________, 2023, by the City Council of the City of Pacific Grove, California, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

City Clerk
City of Pacific Grove
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EXHIBIT A
CHAPTER 11.100 CANNABIS

11.100.010 Purpose and Intent.

A. This chapter shall provide for the regulation and licensing of medicinal and adult-use cannabis businesses throughout the city in conformance with applicable state and local laws and regulations pertaining to medicinal and adult-use cannabis.

B. The city council finds that it is necessary for the city to adopt local licensing standards for medicinal and adult-use cannabis businesses for the purpose of controlling and regulating the sale of medicinal cannabis and medicinal cannabis products to qualified patients, and adult-use cannabis and adult-use cannabis products to adults twenty-one years of age and over.

C. The purpose of this chapter is to regulate all commercial cannabis activity in the city, as defined in the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), to the extent authorized by state law and in a manner designed to minimize negative impacts on the city and neighboring uses, and promote the health, safety, morals, and general welfare of residents and businesses within the city.

11.100.020 Relationship to other laws.

A. Except as otherwise specifically provided herein, this chapter incorporates the requirements and procedures set forth in MAUCRSA. In the event of any conflict between the provisions of this chapter and the provisions of MAUCRSA or any other applicable state or local law or regulation, the more restrictive provision shall control.

B. Except as expressly stated herein, cannabis businesses must comply with all other city codes and regulations. Nothing in this chapter shall be construed as permitting a cannabis business to operate at any time in a manner that is in violation of other applicable state and local laws.

11.100.030 Definitions.

Unless otherwise defined herein, the terms in this chapter shall have the same meaning as set forth in MAUCRSA and any rules promulgated pursuant thereto. In addition, the following terms shall be defined as follows:
"Cannabis business" means any person engaged in commercial cannabis activity.
"City" means Pacific Grove, California.
"City manager" shall mean the city manager of the city or their designee. "Identification card" or "ID card" means a valid identification card issued pursuant to Section 11362.7 et seq., of the California Health and Safety Code. "Identification card holder" or "ID card holder" means an individual who is a qualified patient who has applied for and received a valid ID card pursuant to Article 2.5 of Chapter 6 of Division 10 of the California Health and Safety Code.

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"Licensed premises" means a premises for which a local license has been issued pursuant to this chapter.
"Licensee" means a person who has been issued a local license pursuant to this chapter.
"Local license" means a license granted by the city manager, pursuant to this chapter.
"Medicinal and Adult-Use Cannabis Regulation and Safety Act" or "MAUCRSA" means Division 10 of the California Business and Professions Code. "Medicinal cannabis patient" means both a qualified patient without an identification card and an ID card holder.
“Owner” shall have the definition provided in MAUCRSA, as it may be amended from time to time, which as of the date of the adoption of this definition means any of the following:
(1) A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.
(2) The chief executive officer of a nonprofit or other entity. (3) A member of the board of directors of a nonprofit.
(4) An individual who will be participating in the direction, control, or management of the person applying for a license.
"Physician," as used in this chapter, shall mean an individual who possesses a license in good standing to practice medicine or osteopathy from the state of California. "Qualified patient" shall have the meaning set forth in Section 11362.7(f) of the California Health and Safety Code.
"State law(s)" shall mean and include California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.85 (Medicinal Marijuana Program Act); the MAUCRSA, and all other applicable laws and regulations of the state of California. "State license" means a state license issued under MAUCRSA, and includes both an A-license and an M-license, as well as a testing laboratory license. "State licensing authority" shall mean the state agency responsible for the issuance, renewal, or reinstatement of a state license, or the state agency authorized to take disciplinary action against a state licensee.
“Storefront retail” shall mean a cannabis business that has a physical location from which cannabis is sold to retail customers on-site, and has or will have a Type 10 license from the California Department of Cannabis Control.

11.100.040 Local license in addition to business license or other permit.

The local license required by this chapter shall be in addition and supplemental to any other business registration or any permit required by any ordinance of the city.

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11.100.050 Local license required.

A. It is unlawful to operate any cannabis business in the city without first having obtained a local license under this chapter.

B. The City shall not grant a license to any cannabis business proposing to engage in cannabis cultivation, manufacturing, distribution, or laboratory testing. The City may approve a license for a cannabis business proposing to operate as a cannabis retailer, provided that no more than one (1) local license to engage in storefront retail sales shall be active in the City at any time.

C. The city may grant a local license prior to the applicant having obtained a state license. A cannabis business must possess the requisite state and local licenses and a conditional use permit prior to receiving a certificate of occupancy from the city.

11.100.060 Local license application process.

A. There shall be an initial 30-day application period to be determined by the city manager. The city manager shall open up subsequent 30-day application periods if there are no active local licenses in the City.

B. An application for a local license shall be made upon the form prescribed by the city manager and accompanied by the application fee established by resolution of the city council. The application shall include the following basic information, in addition to any additional information that the city manager requests.

1. An operating plan for the proposed cannabis business including the following information:
a. A general description of the types of products and services to be provided by the facility;
b. A floor plan designating all interior dimensions of the licensed premises and the layout of the cannabis business, including all limited access areas, areas of ingress and egress, and all security cameras. Such floor plan shall also show the principal uses of the floor area depicted therein.
c. Astatement confirming whether delivery service of cannabis to any location outside the premises will be provided and the extent of such service, and in the event delivery is provided, a detailed delivery plan detailing how the retailer will comply with all requirements of this chapter, MAUCRSA, and any other applicable state or local laws.

2. Authorization for the city manager to seek verification of the information contained within the application and to conduct background checks of the owners of the cannabis business. If the background check shows that any owner has been convicted of a crime listed in Business & Professions Code Section 26057(b)(4)(A)-(E) the application shall be denied.

3. Proof of the nature of the cannabis business's organizational status, such as articles of incorporation, by-laws, organizational minutes, partnership agreements, or such other documentation acceptable to the city.

4. Property owner authorization to submit the application.

C. The city manager shall review the applications submitted during the application period. The city manager shall establish review criteria and a scoring system PGCC 5-17-23

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to evaluate the applications. Any application that is incomplete or that is for a premises that does not meet the locational requirements of Section 23.92.070 shall be disqualified. The specific criteria and scoring system will be determined prior to the commencement of the initial application period and set forth in administrative rules adopted pursuant to Section 11.100.070.

D. The available local license shall be provisionally granted to the applicant who submitted the application with the highest score. From the date the local license is provisionally approved, the applicant will have twelve (12) months to secure approval of a conditional use permit for the premises, in addition to any other land use permits or entitlements required by this code. If the applicant who received a provisional license does not obtain the conditional use permit or any other required land use permits or entitlements within this time frame, then the provisional license shall become null and void and a provisional license shall be granted to the applicant with the next highest scoring application.

E. A local license issued pursuant to this chapter shall specify the date of issuance, the period of licensure, the name of the licensee, the address of the licensed premises, and the nature of the cannabis business licensed. A local license is valid for one (1) year from the date the conditional use permit for the premises is approved.

11.100.070 Conditions of approval, administrative rules.

A. The city manager may place conditions upon the approval of any local license which are, in the opinion of the city manager, reasonably related to the protection of the health, safety and welfare of the neighborhood in which the proposed licensed premises is to be located and of the general public.

B. The city manager is authorized to make rules, policies and procedures consistent with the intent and spirit of this chapter concerning the applications, the application process, the information required of applicants, the application procedures, and the administration and procedures to be used and followed in the application process, including but not limited to those required by Section 11.100.060.

11.100.080 Changes and modifications of local licenses.

In addition to any applicable requirements in Chapter 23.92 of this code, the following requirements apply for transfers of or changes to the ownership of a licensee, modifications to a licensed premises, and changes of location of a cannabis business.

A. Change of Ownership. Subsequent to the issuance of a local license, the licensee shall report any transfer of ownership in the cannabis business to the city manager on forms prescribed by the city manager and pay the application fee established by resolution of the city council.

1. A change of ownership that solely involves a previously approved owner no longer being an owner of the cannabis business shall be reported to the city manager within thirty calendar days of the change. The City will remove a previously approved owner from a license only if notarized statements are submitted by all approved owners consenting to the change, or the change is mandated by order of a court of competent jurisdiction.

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2. A change in ownership that involves adding a new owner to the previously approved ownership must be approved by the city manager in advance and a background check must be conducted on the proposed new owner. The city council shall have the sole and absolute discretion to approve or deny a proposed change of ownership. All owners must submit notarized statements agreeing to the addition of a new owner to the business.

B. Modification of Licensed Premises. A licensee shall not make physical changes, alterations, or modifications to the licensed premises that materially or substantially alters the licensed premises from the plans approved by the city manager without the prior written approval of the city manager. Material changes include, but are not limited to: an increase or decrease in the total square footage of the licensed premises or the addition, sealing off, or relocation of a wall, common entryway, doorway, or other means of public ingress and/or egress. Applications for modifications of licensed premises shall be made on forms prescribed by the city manager and shall be accompanied by the application fee established by resolution of the city council. The city manager shall approve the proposed modification if it meets all requirements of this chapter and all other applicable state laws and city codes and ordinances, and will not present a threat to the public health, safety or welfare.

C. Change of Location.

1. A licensee may apply to the city manager to change the location previously approved for such local license to any other place in the city, but it is unlawful to engage in any commercial cannabis activity at any such place or location until express permission to do so is granted by city manager, the city has issued a conditional use permit to the licensee for the new location, and a certificate of occupancy has been issued for the new location. Applications for changes of location shall be made on forms prescribed by the city manager and be accompanied by the application fee established by resolution of the city council.

2. In permitting a change of location, the city manager may change any existing conditions of approval on the license and/or add new conditions of approval as determined appropriate by the city manager.

11.100.090 Renewal of local license.

A. A cannabis business that desires to renew its license shall apply for the renewal no less than sixty (60) calendar days prior to the local license's expiration date.

If the cannabis business files a renewal application within sixty (60) calendar days prior to expiration, the cannabis business must provide a written explanation detailing the circumstances surrounding the late filing. The city manager may accept or reject such late filing in its discretion. The city manager may elect to administratively continue a local license past its expiration date, provided that the licensee has submitted a renewal application that is pending final action.

B. An application for renewal shall be submitted on forms provided by the city manager, accompanied by the application fee established by resolution of the city council. The following information shall be submitted as a part of the renewal application:

1. Proof that no changes to the ownership of the cannabis business has occurred since last approved by the city manager.

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2. Proof that the licensee is still entitled to the possession and use of the licensed premises.

3. Any other information that the city manager deems necessary to determine whether to renew the local license.

C. The city manager shall renew a local license if the licensee has submitted a complete application and paid the application fee, unless the city manager finds that there are grounds to suspend or revoke the license as provided in Section 11.100.210.

Notwithstanding the foregoing, the city manager in its discretion may elect not to renew any local license if it determines that the licensed premises has not been used for a cannabis business, without reasonable cause as determined by the city manager, during the term of the license.

D. Unless administratively continued pursuant to subsection A, a local license is immediately invalid upon expiration and the cannabis business shall cease operations.

If a local license expires, the city manager may approve a renewal of the expired license at any time up to three months from the expiration date of the license. After the license has been expired for three months, the license may not be renewed by the city manager, and the holder of the expired license must apply for and obtain a new cannabis license to resume operations.

11.100.100 Appeal of decision on local license.

Any applicant may appeal the city manager's approval, conditional approval, or denial of an initial local license, renewal thereof, or a change to the license requested under Section 11.100.080, or a revocation or suspension of the license under Section

11.100.210. Such appeal shall be filed with the city clerk within ten calendar days of the date of the decision of the city manager and must state the basis for the appeal. The city clerk will give the appellant written notice of the date, time and place of the appeal hearing. A hearing officer shall hear the appeal de novo and shall not be limited by the rules of evidence. The hearing officer may affirm, amend or reverse the decision of the city manager.

11.100.110 Cannabis business operational requirements.

All cannabis business must comply with the requirements set forth in this section.

A. General Obligation to Operate in Compliance. A cannabis business shall operate in compliance with all applicable state and local laws and regulations governing cannabis businesses.

B. General Obligation to Pay Taxes. A cannabis business must pay all applicable taxes pursuant to federal, state, and local law, including but not limited to state and local sales and use taxes and state excise taxes.

C. General Obligation for Compliant Facilities. The licensed premises shall fully comply with all applicable rules, regulations, and laws including, but not limited to, building and safety codes, and the Americans with Disabilities Act.

D. Age Requirement. A cannabis business shall not allow an individual less than twenty-one years of age to work within the licensed premises or handle cannabis and cannabis products.

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E. Age Restrictions. A cannabis business may not permit an individual less than twenty-one years of age to enter, or be within, its licensed premises, except that a cannabis business with an M-license from the state may allow persons eighteen years of age or older within the licensed premises if they are an ID card holder or qualified patient with physician's recommendation from a licensed physician.

F. Secure Storage of Product. Cannabis and cannabis products possessed by a cannabis business shall be kept and stored in a secured manner at all times.

G. Cannabis Consumption on Licensed Premises. Smoking, vaporizing, ingesting, or otherwise consuming cannabis and cannabis products at a licensed premises is prohibited. "Licensed premises" as used in this subsection includes the actual building, as well as any accessory structures, common areas and parking areas.

A sign shall be posted at each entrance to a licensed premises that clearly and legibly states, "Smoking, vaporizing, ingesting, or otherwise consuming cannabis or cannabis products on these premises or in their vicinity is prohibited and a violation of the Pacific Grove Municipal Code."
H. Prohibition on Alcohol and Tobacco Sales, Distribution, or Consumption on Licensed Premises. A cannabis business shall not sell, provide, store, or distribute any alcoholic beverages or tobacco products, or allow such products to be consumed on the licensed premises.

I. On-Site Signage. On-site signage for a cannabis business that is viewable from the exterior of the cannabis business shall comply with all local signage laws applicable to the licensed premises, including Chapters 17.251 and 17.254 of this code.

Signage may not be designed to appeal to children, or contain any false or misleading statements, or make any misrepresentations.

J. Advertising. A cannabis business shall not advertise in a manner intended to encourage persons under twenty-one years of age to consume cannabis or cannabis products. It shall be unlawful for any cannabis business to make any claims that a product is safe because it is tested. All advertisements, including off-site advertising signs, shall comply with Chapter 15 of MAUCRSA.

K. Display of License. A cannabis business shall display a copy of its local license issued pursuant to this chapter in a conspicuous place at or near the entrance to the licensed premises.

L. No Physician Evaluations on Licensed Premises. A cannabis business shall not permit a physician to evaluate potential medicinal cannabis patients or to provide a physician's recommendation for medicinal cannabis within its licensed premises.

Cannabis businesses shall not offer or provide any form of remuneration to a physician who provides physician's recommendations for medicinal cannabis.

M. Community Relations Designee. A cannabis business must provide the city with the name, phone number, facsimile number, and email address of an on-site community relations representative or staff member or other representative whom the city can contact regarding operating concerns associated with the cannabis business.

The cannabis business shall report any change in their community relations designee to the city within ten calendar days.

N. Accurate Weights and Measures. Scales and weighing mechanisms used by a cannabis business to weigh non-waste products must be able to weigh to within PGCC 5-17-23

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1/100th of a gram, shall be maintained in good working order and shall be subject to annual inspection by either a Riverside County agricultural commissioner's office weights and measures official or a licensed scale company.

O. Chemical, Dangerous and Hazardous Waste. Disposal of chemical, dangerous or hazardous waste must be conducted in a manner consistent with federal, state and local laws, regulations, rules or other requirements. This may include, but is not limited to, the disposal of all pesticide or other chemicals used in the cultivation process, certain solvents or other chemicals used in the production of cannabis concentrate.

P. General Sanitary Requirements. A cannabis business must ensure that its licensed premises are maintained in a sanitary manner and activities on its licensed premises are conducted in a sanitary manner.

1. All facilities of a cannabis business must have adequate and sufficient access to bathrooms and hand-washing facilities with running water at a suitable temperature.

2. Hand-washing facilities shall be located where good sanitary practices require workers to wash or sanitize their hands, and provide effective hand-cleaning and sanitizing preparations and sanitary towel service or suitable drying devices.

3. All workers that engage in the preparation or dispensing of edible cannabis products must comply with the provisions of all relevant state and local laws regarding the preparation, distribution, and sale of food.

Q. Security Requirements. The licensed premises of a cannabis business must comply with all of the following security requirements:

1. Video Surveillance. The licensed premises must be equipped with a video surveillance system that meets all of the requirements set forth in this subsection. a. Security cameras and digital storage of recordings shall be maintained in good condition and used in an on-going manner, twenty-four hours per day, seven days per week.
b. The security system must maintain at least 90 days of digitally recorded video for each security camera in the licensed premises. Security footage should be stored in an MPEG4, MJPEG, H.264, or another format approved by the city manager in writing.
c. Security cameras must provide adequate and sufficient coverage for the facility, which must include, but need to be limited to, all limited access areas, all areas of ingress and egress, point of sale, the public areas, storage areas, and any other areas as required by this chapter and the MAUCRSA. d. The video surveillance system must be equipped with a failure notification system that provides prompt notification to the manager of record of the licensed premises of the cannabis business of any surveillance interruption or complete failure of the surveillance system that lasts longer than fifteen minutes. e. The video surveillance system shall have sufficient battery backup to support a minimum of fifteen minutes of recording in the event of a power outage.

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windows, operated, and monitored by a security company licensed by the Department of Consumer Affairs, Bureau of Security and Investigative Services.

3. Signage Requirement. The licensed premises must comply with the following signage requirements.
a. A sign shall be posted in a conspicuous place near each point of public access which shall be not less than twelve inches wide and twelve inches long, composed of letters not less than one inch in height, stating "All Activities Monitored by Video Camera."
b. Limited access areas shall be clearly identified by the posting of a sign which shall be not less than twelve inches wide and twelve inches long, composed of letters not less than one-half inch in height, which shall state, "Limited Access Area— Authorized Personnel Only."

4. Lighting. The business entrance(s) and all window areas shall be illuminated during evening hours. The cannabis business shall comply with the city's lighting standards regarding fixture type, wattage, illumination levels, and shielding.

5. Commercial-Grade Locks. All points of ingress and egress to a licensed premises shall ensure the use of commercial-grade, nonresidential door locks or window locks.

6. Notification of City manager and Law Enforcement. A cannabis business shall notify the city manager and the appropriate law enforcement authorities within twenty-four hours after discovering any of the following:
a. Significant discrepancies identified during inventory; b. Diversion, theft, loss, or any criminal activity involving the retailer or any employee or agent of the retailer;
c. The loss or unauthorized alteration of records related to cannabis, cannabis patients, primary caregivers, or retailer employees or agents; or d. Any other breach of security.

R. Subletting Prohibited. Licensees are not authorized to sublet any portion of a licensed premises for any purpose, unless all necessary applications to modify the existing licensed premises to accomplish any subletting have been approved by the city manager.

S. Recordkeeping. Cannabis businesses shall keep and maintain all records specified in Chapter 16 of the MAUCRSA and shall make the same available for inspection and examination of the city manager or its duly authorized representatives during standard business hours of the licensed facility or at any other reasonable time.

Cannabis businesses are required to exercise due diligence in preserving and maintaining all required records.

T. Transactions. Licensees shall only do business with cannabis businesses that licensed or permitted to do business in their respective jurisdictions.

U. Limited Hours of Operation. A retailer may only be open to the public and engage in sales between the hours of 8:00 a.m. and 10:00 p.m.

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V. Window Displays. Cannabis, cannabis products and cannabis paraphernalia shall not be placed in a window display or otherwise placed in a manner primarily intended for individuals outside of the premises to view the products.

W. Age Restricted Entry. A retailer may not permit an individual less than twenty-one years of age into the licensed premises, except a retailer with an M-license from the state may permit an individual aged eighteen years or older into the licensed premises if the retailer verifies the individual is an ID card holder or qualified patient with a physician's recommendation.

X. Cannabis Paraphernalia Sales. Dispensaries may sell or otherwise provide equipment, supplies, and paraphernalia used to consume cannabis and cannabis products.

Y. Electronic Point-of-Sale System Required. Dispensaries must have an electronic point of sale system. The electronic point of sale system must be capable of producing an electronic or automatic paper record for all transactions associated with any product sold, rented, or otherwise provided to the customer.

Z. No Sales of Expired Product. A retailer may not sell any expired products, cannabis or cannabis products. A retailer shall not alter, edit, or adjust in any manner an expiration date on any item or product once affixed by its manufacturer.

AA. Handling of Edible Cannabis Products. A retailer that possesses edible cannabis products shall comply with the provisions of all relevant state and local laws regarding the storage, handling, and sale of food.

BB. Delivery of Cannabis and Cannabis Products. A retailer that provides delivery service shall comply with the following requirements:

1. The retailer shall not delivery cannabis or cannabis products to any location outside of California or to any location within California where the delivery of cannabis or cannabis products has been prohibited by the city or county.

2. The delivery service must be approved by the city manager as a part of the licensing process. The deliveries must be conducted in accordance with any relevant state laws, this code, any applicable local laws in the delivery location, and any conditions imposed upon the license.

3. The retailer must keep in place standard operating procedures that ensure the safety and security of those individuals engaging in delivery and the and security of all cannabis being delivered, including procedures to prevent diversion.

4. A retailer may only deliver cannabis to a specific street address requested by the purchaser. Delivery to parks, schools or any other public facilities is prohibited.

5. Upon arrival at the delivery address and prior to transferring any cannabis or cannabis products, the delivery person must verify and confirm that the identity of the recipient is the same as the person who requested the delivery and that the person is either twenty-one years of age or a qualified patient or primary caregiver.

6. A retailer shall report to the city manager and local law enforcement any vehicle accidents, diversions, losses, or other reportable incidents such as thefts or suspicious activity, that occur during transportation and delivery, within twenty-four hours.

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7. The delivery shall keep a delivery manifest that includes the following information:
a. All cannabis that will be transported, accurately inventoried; b. Departure date and approximate time of departure;
c. Arrival date and approximate time of arrival;
d. Name, address, local license number and CUP number of the originating cannabis business;
e. Name and address of the individual requesting the delivery; f. Delivery vehicle make, model, and license plate number; and g. Name and signature of the individual transporting the cannabis.

8. Sale of Live Plants. A retailer may sell and offer for sale seeds and immature cannabis plants, but shall not sell or offer for sale live mature cannabis plants.

The retailer may provide light and water to immature cannabis plants being offered for sale but may not engage in any other cultivation activity unless the retailer is licensed and permitted by the State and the city to engage in cannabis cultivation. For the purposes of this provision, an immature cannabis plant is defined as a non-flowering cannabis plant that is shorter and narrower than 18 inches.

11.100.190 Limitations on City’s liability.

To the fullest extent permitted by law, the city shall not assume any liability whatsoever, with respect to approving any local license pursuant to this chapter or the operation of any cannabis business approved for such local license pursuant to this chapter. As a condition of approval a local license granted under this chapter, the applicant or its legal representative shall:

A. Indemnify and hold the city harmless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any actions or claims associated with violation of federal law associated with the operation of the cannabis business and delivery of cannabis as provided in this chapter; and
B. Maintain insurance in the amounts and of the types that are acceptable to the city pursuant to guidelines and policies set forth by the city manager; and C. Name the city as an additionally insured on all city-required insurance policies; and
D. Defend, at its sole expense, any action against the city, its agents, officers, and employees related to the approval of a local license or the operation of the cannabis business; and
E. Reimburse the city for any court costs and attorney fees that the city may be required to pay as a result of any legal challenge (or federal enforcement action) related to the city's approval of a local license or conditional use permit. The city may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder.

11.100.200 Inspections.

A. Recordings made by security cameras at any cannabis business shall be made immediately available to the city manager upon verbal request for law or PGCC 5-17-23

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regulatory enforcement and criminal investigation purposes. Such recordings shall be considered confidential and shall not be released to the public pursuant to Government Code Section 6254(f) without the consent of the licensee.

B. The city manager shall have the right to enter all cannabis businesses from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter. Such inspections shall be limited to observing the licensed premises for purposes of determining whether the cannabis business is being operated or maintained in compliance with this code, state law, and other applicable laws and regulations. Any cannabis business licensed pursuant to this chapter may be required to demonstrate, upon demand by the city manager that the source and quantity of any cannabis or cannabis products found upon the licensed premises is in full compliance with any applicable local or state law or regulation.

C. The city manager shall have the right to inspect records of medicinal cannabis patients and primary caregivers that have made purchases of medicinal cannabis or medicinal cannabis products from a retailer for the sole purpose of determining whether any and all such individuals are qualified to make such purchases.

Such inspections of records shall not be used for any other purposes, nor shall the records be removed off-site by the city without a court order.

D. The city manager may delegate an act required to be performed pursuant to this section to any code enforcement officer or official of the city, including, without limitation, the chief of police, the fire chief, the building official, the finance director, the city attorney, or any designee of such officers or officials.

E. Applicants and licensees must cooperate with the city manager and his designees who are conducting inspections or investigations relevant to the enforcement of laws and regulations related to this chapter.

11.100.210 Enforcement; Suspension and Revocation of License.

A. The provisions of this chapter may be enforced by the city manager by any means provided for in Chapter 1.16 or Chapter 1.19 of this code in addition to any and all other remedies, civil, equitable or criminal, afforded to the city under the law. Any use or condition caused, or permitted to exist, in violation of any provision of this chapter is hereby deemed to be a public nuisance and may be summarily abated by the city pursuant to Code of Civil Procedure Section 731 or by any other remedy available to the city. Any violation of this chapter is declared to be a public nuisance per se contrary to the public interest and will, at the discretion of the city, be subject to a cause of action for injunctive relief.

B. Any violation of this chapter shall constitute a misdemeanor and a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be enforced pursuant to Chapters 1.16 and 1.19 PGMC.

C. In addition to any other remedies available to the city under the law, a license issued under the terms of this chapter may be suspended or revoked by the city manager if he or she concludes any of the following:

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1. The cannabis business or licensee has violated any of the requirements of this chapter, Chapter 23.92, or the applicable conditional use permit.

2. The cannabis business is being operated in a manner which constitutes a nuisance.

3. The cannabis business is being operated in a manner which conflicts with or violates State Laws.

4. A licensee’s conditional use permit issued pursuant to Chapter 23.92 of this code has been terminated or revoked.

5. A licensee’s state license has been suspended, terminated, or revoked.

11.100.220 Residential cannabis cultivation
A. All cannabis cultivation within city limits is prohibited except that a person, 21 years of age or older, may cultivate no more than six living cannabis plants inside a private residence, regardless of the number of persons that reside in the private residence, or inside a fully enclosed and secure accessory structure to a private residence located upon the grounds of that private residence. Such cultivation shall only occur in residences and accessory structures that are fully enclosed and secured against unauthorized entry.

B. The primary use of the property must be for a private residence, and cultivation must not prevent the property owner’s primary use as a residential use. The property shall remain at all times a private residence with a legal and functioning kitchen, bathroom(s) and bedroom(s) for their intended use and such cultivation shall not prevent the property’s primary use as a residential use. The cultivation activities shall be conducted in a manner that is child resistant.

C. If a private residence is not occupied or inhabited by the owner of the private residence, then no persons living in the residence may cultivate cannabis without written consent signed by the owner expressly allowing cannabis cultivation to occur at the private residence.

D. Persons cultivating cannabis in a residence shall comply with all applicable building code requirements set forth in the Pacific Grove Municipal Code.

E. There shall be no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation.

F. All private cannabis cultivation under this section shall comply with Health and Safety Code Section 11362.2.

G. The cannabis cultivation area shall not adversely affect the health or safety of nearby residents by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts and shall not be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to cultivation.

H. The outdoor cultivation of cannabis is prohibited within city limits.

11.100.230 Consumption of cannabis
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- 17 -
DRAFT 3/30/20
Smoking and vaporizing of cannabis and cannabis products are prohibited in all public places and any place that is open to the public; reference Chapter 11.24 PGMC.

Additionally, consumption and the use of any and all forms of cannabis, including edible cannabis product, shall be prohibited in all public places.

11.100.240 Exceptions
A. To the extent that the following activities are permitted by state law, nothing in this chapter shall prohibit a person 21 years of age or older from:

1. Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older without compensation whatsoever not more than

28.5 grams of cannabis not in the form of concentrated cannabis; or

2. Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older without compensation whatsoever up to eight grams of cannabis in the form of concentrated cannabis; or

3. Possessing, smoking or ingesting cannabis or cannabis products in a manner consistent with California Health and Safety Code Section 11362.3.

B. This chapter shall not prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside of the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city.

PGCC 5-17-23

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE, ADDING CHAPTER 23.92 TO THE PACIFIC GROVE

MUNICIPAL CODE ESTABLISHING CANNABIS BUSINESS ZONING

REGULATIONS
WHEREAS, in 1996, the voters of the State of California approved Proposition 215, which was codified as Health and Safety Code Section 11362.et seq., and entitled the Compassionate Use Act of 1996, which intended to enable seriously ill Californians to legally possess, use, and cultivate marijuana for medical use under limited, specified circumstances; and
WHEREAS, in 2004, the California legislature enacted Senate Bill 420, the Medicinal Marijuana Program (the “MMP”), which, as codified in California Health and Safety Code Section 11362.7 et seq., was intended to clarify the CUA’s scope and immunize from criminal prosecution, under specified state laws, certain activities and conduct related to the provision of medicinal marijuana to qualified patients; and WHEREAS, on November 8, 2016, the voters of the State of California approved Proposition 64, entitled the “Control, Regulate and Tax Adult Use of Marijuana Act,” which legalizes and regulates recreational marijuana in California; and, WHEREAS, the State has established an integrated licensing and regulatory system for both medicinal and recreational marijuana businesses consistent with Propositions 215 and 64 entitled the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), codified in Business and Professions Code section 26000 et seq.; and,
WHEREAS, Business and Professions Code section 26200 expressly recognizes the ability of cities to completely prohibit all medicinal and recreational cannabis businesses or to allow and regulate such businesses; and, WHEREAS, a majority of the voters in Pacific Grove who voted on Measure M at the November 8, 2022 election voted in favor of Measure M, which was an advisory measure asking whether the electors supported amending the Municipal Code to allow one cannabis retailer in the City at a location at least 1000 feet from any existing licensed daycare/preschool, youth center, or school; and WHEREAS, in order to protect the public health, safety, and welfare, and consistent with the will of the voters of Pacific Grove, the City desires to amend the Municipal Code to allow one cannabis retailer to be located in the City consistent with Measure M.

THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE DOES ORDAIN AS FOLLOWS:

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2 SECTION 1. CEQA Findings. The City Council finds that the adoption of this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the common sense exemption (CEQA Guideline 15061(b)(3)) because it can be see with certainty that there is no possibility that permitting one cannabis retail location to operate within the City may have a significant effect on the environment. Cannabis retail operations are small footprint and retailers are likely to operate within an existing vacant location rather than engage in new construction, and would likely qualify for the in-fill development exemption (CEQA Guideline 15332). In the event the sole retailer permitted in Pacific Grove does not qualify for the in-fill development exemption or another CEQA exemption, CEQA review would be conducted concurrently with project processing, ensuring that any environmental impacts are less than significant.

SECTION 2. Zoning Ordinance Amendment Findings.

A. The proposed amendment is consistent with the general plan and, if applicable, the certified local coastal program.
[INSERT FINDING]
B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare zoning code.
[INSERT FINDING]
C. The proposed amendment is internally consistent with other applicable provisions of the zoning code.
[INSERT FINDING]
SECTION 3. Addition of Chapter 23.92
Chapter 23.92 (Cannabis Businesses) is hereby added to the Pacific Grove Municipal Code to read as shown in Exhibit A.

SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. Effective Date. This ordinance shall take effect thirty (30) days after its passage by the City Council.

SECTION 6. Publication. The City Clerk shall cause this ordinance to be published or posted in accordance with Government Code section 36933.

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3 Mayor
APPROVED AS TO FORM:

Brian A. Pierik
City Attorney
ATTEST:

City Clerk
PGCC 5-17-23

4 STATE OF CALIFORNIA )

COUNTY OF MONTEREY )

CITY OF PACIFIC GROVE )
I, _______________, City Clerk of the City of Pacific Grove, California, do hereby certify that the foregoing Ordinance No. ___ was duly introduced at a meeting of the City Council of the City of Pacific Grove, California, on ____________, 2023, and adopted at a regular meeting of the City Council of the City of Pacific Grove, California, on ______________, 2023, by the City Council of the City of Pacific Grove, California, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

City Clerk
City of Pacific Grove
PGCC 5-17-23

5 EXHIBIT A
CHAPTER 23.92 CANNABIS BUSINESSES

23.92.010 Purpose.

A. The purpose of this chapter is to regulate cannabis business land uses, as permitted by the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Section 26200 of the California Business and Professions Code), in a manner designed to minimize negative impacts on the city and neighboring uses, and promote the health, safety, morals, and general welfare of residents and businesses within the city.

B. This chapter is further adopted and established pursuant to the specific authority granted to Pacific Grove in Section 7 of Article XI of the California Constitution and Section 26200 of the California Business and Professions Code. This chapter shall govern all cannabis businesses within the jurisdiction of Pacific Grove.

23.92.020 Relationship to other laws.

A. In the event of any conflict between the provisions of this chapter and the provisions of Medicinal and Adult-Use Cannabis Regulation and Safety Act or any other applicable state or local law, the more restrictive provision shall control.

B. Except as expressly stated herein, cannabis businesses must comply with all other city codes and regulations. Nothing in this chapter shall be construed as permitting a cannabis business to operate at any time in a manner that is in violation of all other applicable state and local laws.

23.92.030 Definitions.

Unless otherwise defined herein, the terms in this chapter shall have the same meaning as set forth in Medicinal and Adult-Use Cannabis Regulation and Safety Act and any rules promulgated pursuant thereto. In addition, the following terms shall be defined as follows:
“Cannabis business” means any person engaged in commercial cannabis activity as defined in California Business and Professions Code Section 26001. "Local license" means a license granted by the local licensing authority pursuant to Chapter 11.100 of this code.
"Local licensing authority" means the city manager or designee. "Medicinal and Adult-Use Cannabis Regulation and Safety Act" or "MAUCRSA" means Division 10 of the California Business and Professions Code. "State law(s)" shall mean and include California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.85 (Medical Marijuana Program Act); MAUCRSA, and all other applicable laws and regulations of the state of California.

23.92.040 Conditional use permit required.

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6 A. No person may operate a cannabis business of any type in the city unless they are in compliance with the following:

1. A conditional use permit has been approved for the cannabis business and remains valid; and

2. A local license has been approved for the cannabis business and remains valid; and

3. A State license to operate the cannabis business has been approved and remains valid.

B. Section 23.70.080(a) of this code shall govern and apply to conditional use permits for cannabis businesses applied for or obtained pursuant to this chapter unless this chapter expressly states otherwise. All requirements contained in this chapter shall be in addition to the applicable requirements of Section 23.70.080(a).

23.92.050 Conditional use permit application.

A. An application for a conditional use permit shall be filed with the planning director on the official form supplied by the city and shall be accompanied by the application fee established by resolution of the city council, as may be amended from time to time.

B. An application for a conditional use permit shall include, but shall not be limited to, the following information:

1. Proof that the applicant has received a local license for the proposed premises, and the local license is in good standing, or a statement that the applicant is applying for a local license for the proposed premises concurrently with the conditional use permit application.

3. The address of the proposed cannabis business.

4. A site plan and floor plan of the cannabis business denoting all the use of areas of the cannabis business, including storage, employee areas, exterior lighting, restrooms, security cameras, areas of ingress and egress, signage, limited access areas, and restricted access areas, if included.

5. Plans and specifications for the interior of the proposed premises if the building to be occupied is in existence at the time of the application. If the building is not in existence or alteration to the building is required at the time of the application, the applicant shall file a plot plan and a detailed sketch for the interior and shall further submit an architect's drawing of the building to be constructed.

6. The name and address of the person that owns the real property upon which the cannabis business is to be operated. In the event the applicant does not legally own the property, the application must be accompanied by a notarized acknowledgement from the person that owns the property that a cannabis business will be operated on his or her property.

7. A description of the design of the proposed premises evidencing that the design conforms to applicable city laws.

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7 8. A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.

9. Authorization for the planning director to seek verification of the information contained within the application.

10. Any such additional and further information as is deemed necessary by the planning director to administer this section or this chapter.

C. The planning director and appropriate city staff shall review, verify and investigate all information on the application and prepare a report for the planning commission incorporating the findings of such investigation and verification, including, but not limited to, the suitability of the proposed location, and the applicant's compliance with the requirements of this chapter, Chapter 11.100 and Section 23.70.080(a).

23.92.060 Findings for approval of conditional use permit.

A. The planning commission shall not hold a public hearing on or approve any application for a conditional use permit to operate a cannabis business unless the applicant holds a local license in good standing.

B. In addition to the findings set forth in Section 23.70.080(a)(4) of this code, a conditional use permit for a cannabis business shall only be granted subject to the following additional findings:

1. The cannabis business fully complies with and meets all operating criteria required pursuant to state laws, Chapter 11.100 of this code, any other provisions of this code, and any specific, additional operating procedures and measures as may be imposed as conditions of approval in the conditional use permit; and

2. The cannabis business will be located in one of the following zones:
[INSERT ZONES].

3. The cannabis business meets the locational requirements in Section

23.92.070.

4. The cannabis business will not engage in cultivation, manufacturing, distribution, or laboratory testing of cannabis, and will limit its commercial cannabis activities to those permitted by a State retail license.

C. The planning commission may deny an application for a conditional use permit if it determines that one or more of the findings required by Section

23.70.080(a)(4) or Section 23.92.060(b) of this code cannot be made.

D. Based on the information set forth in the application and city staff's report and testimony presented at the public hearing, the planning commission may impose reasonable conditions on the proposed cannabis business in addition to those specified in and required to be included in every conditional use permit granted under this chapter.

23.92.070 Locational requirements.

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8 A. A conditional use permit for a cannabis business shall not be approved unless the proposed cannabis business will be located more than 1,000 feet from a day care center, a youth center, a preschool, or a public or private school.

B. All distances specified in this section shall be measured in a straight line, without regard to intervening structures or topography, from the nearest point on the property line on which the cannabis business is or will be located, to the nearest property line of the parcel where such use is located.

C. For the purposes of this section the following definitions apply:

1. “Day care center” means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school-age child care centers, and includes child care centers licensed pursuant to California Health & Safety Code Section 1596.951.

2. “Youth center” means any facility that is operated by a public agency or non-profit entity with the sole purpose of providing educational and/or recreational services to minors. Dance studios, gymnasiums, martial arts studios, or other similar uses that provide services to both adults and minors shall not be considered a youth center.

3. “Public or private school” means any location appearing in the California Department of Education School Directory as the location of a public or private school.

23.92.080 Conditions of approval.

A conditional use permit for a cannabis business shall be subject to the following conditions of approval.

1. The premises must be equipped with an odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside the cannabis business, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breeze-ways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the cannabis business. As such, cannabis businesses must install and maintain the following equipment or any other equipment which local licensing authority determines has the same or better effectiveness:
a. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or
b. An air system that creates negative air pressure between the cannabis businesses' interior and exterior so that the odors generated inside the cannabis business are not detectable outside the cannabis business.

2. The applicant or its legal representative shall indemnify and hold the city harmless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any actions or claims associated with violation of federal law associated with the operation of the cannabis business; defend, at its sole expense, any action against the city, its agents, officers, and employees related to the approval of a PGCC 5-17-23

9 conditional use permit or the operation of the cannabis business; reimburse the city for any court costs and attorney fees that the city may be required to pay as a result of any legal challenge (or federal enforcement action) related to the city's approval of a conditional use.

3. All windows on the premises of the cannabis business shall be appropriately secured and cannabis securely stored.

4. All cannabis businesses shall comply with the city's lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed.

5. All cannabis businesses and all equipment used in the conduct of the business, must be operated in compliance with all applicable state and local laws and regulations, including all building, electrical, and fire codes, and in compliance with the businesses' state and local licenses.

23.92.090 Limitations on City’s liability.

To the fullest extent permitted by law, the city shall not assume any liability whatsoever, with respect to approving any conditional use permit pursuant to this chapter or the operation of any cannabis business approved for such permit pursuant to this chapter.

23.92.100 Inspections.

A. Recordings made by security cameras at any cannabis business shall be made immediately available to the planning director upon verbal request for the purposes of determining compliance with this chapter and the cannabis business' conditional use permit.

B. The planning director shall have the right to enter all cannabis businesses from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter and the cannabis business' conditional use permit. Such inspections shall be limited to observing the premises for purposes of determining whether the cannabis business is being operated or maintained in compliance with this code, state law, and other applicable laws and regulations.

C. Applicants and permittees must cooperate with employees and investigators of the city who are conducting inspections or investigations relevant to the enforcement of this chapter. No applicant or permittee shall by any means interfere with, obstruct or impede the any city official from exercising their duties under the provisions of this chapter and all rules promulgated pursuant to it.

23.92.130 Enforcement.

The operation of a cannabis business in violation of any conditions of approval or the provisions of this chapter or Section 23.70.080(a) is a violation of this code, and a public nuisance. The city may seek to remedy such violations by any means provided for in law or equity, including but not limited to the enforcement mechanisms and remedies provided for in Chapters 1.16 and 1.19 of this code, or take action to revoke the conditional use permit. Revocation may be effected by the planning commission PGCC 5-17-23

10 after a public hearing to which the operator has had 10 days’ notice by certified mail, and in which the planning commission finds that the cannabis business has not complied with one or more use permit conditions or requirements of this chapter. In the event that service by certified mail is not effected, service may be by personal service on an owner, or if personal service is not effected, the property shall be posted with a notice of the hearing, and a copy of the notice shall be published in an official newspaper of this city.

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Legend
Licensed Child Care Facility 1000 ft Buffer Zone
Licensed Child Care Facilities
Pacific Grove Youth Center 1000 ft Buffer Zone
Pacific Grove Youth Center
Pacific Grove Schools 1000 ft Buffer Zone
Pacific Grove Schools
Commercial Zone
Pacific Grove Parcels
Map of Cannabis Buffer Zones
The City of Pacific Grove
July 20, 2022
0 1,000 Feet /
DocuSign Envelope ID: 6F6CBD7A-06AE-4790-90CF-FD30EF5348A0 PGCC 5-17-23

Agenda No. 12 C

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Katie Clark, Recreation Manager
MEETING DATE: May 17, 2023
SUBJECT: Pints on the Peninsula Special Event
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Approve Pints on the Peninsula as a Full Cost Recovery Special Event for inclusion in the FY 2023-2024 Special Events Calendar.

1. Allow alcohol to be served in the confines of the fenced special event area attached to California Seltzer Company store front location of 631 Ocean Ave per Municipal Code Section 11.04.020, Consumption in Public Spaces.

2. 3. Alternatively, discuss and take other action related to this item.

DISCUSSION
On February 15, 2023, City Council approved the FY 2023-2024 Special Event Calendar. On March 15, 2023, City Council approved an updated version of the FY 2023-2024 Special Event Calendar that included 1 additional event. On March 24, 2023, City staff received 1 additional special event application for Pints on the Peninsula from the California Seltzer Company. The application was reviewed by City staff for feasibility, safety and cost. On April 27, 2023, the application was presented to the Recreation Board for review. The Recreation Board recommends this event for inclusion in the FY 2022-2023 Special Event Calendar as a Full Cost Recovery Event. On May 1, 2023, the event organizers contacted City Staff and requested to change the date of the event from October 7, 2023 to September 30, 2023. The date change was requested after careful consideration of community requests.

Special Event Policy 900-1 was updated at the July 27, 2022 City Council meeting to include instructions for late or “off cycle” applications. Off cycle applications refer to any application received after the November 30 submission deadline. The policy specifies that off cycle applications must be received 150 days prior to event, cannot conflict with other special events, and will not be recommended as “City Sponsored” events. The application was received with more than 150 days remaining before the event. The newly proposed event date does not conflict or over overlap with any approved special events listed on the FY 2023-2024 Special Event Calendar.

Event information: The Pints on the Peninsula is sponsored by the California Seltzer Company and will take place on October 7, 2023 from 1:00 pm to 5:00pm. The event will take place at the California Seltzer Company building located at 631 Ocean View Blvd and extend out to include Ocean View Blvd PGCC 5-17-23

between Mermaid Ave and the driveway entrance to Borg’s Motel and the triangle parking area next to Lover’s Point Park. This will be a grand tasting event with art, music, 75 brews to sample and will include a VIP wine sampling tent. This event will be limited to those who are 21 years of age or older.

There will be 30-40 vendors at the event and the anticipated attendance is 2,000-3,000 people. Tickets will be sold prior to the event and at the gate.

To meet Pacific Grove Municipal Code 11.04.020, event fencing will extend from both sides of the California Seltzer Company building and enclose the entire event footprint including the parking lot, Ocean Blvd, and triangle parking area. The express permission from City Council for the consumption of alcohol in a public space is also required.

The following safety and crowd control measures will be in place for this event. There will be 1 entry point where ID and bags will be checked and color coded wrist bands will be given to participants.

There will be 3 exit points with no return allowed once a participant has left the event. The entry and exit points will be staffed with private security guards. 15 private security guards, 2 of the security guards are EMS certified, first aid table, and event fencing as previously mentioned. Clear bags and bag checks will be required for entry as well. Water barrels will be delivered by Public Works and placed at both ends of the event. Ocean View Blvd between Mermaid Ave and the intersection of Ocean View Blvd & 17th Street & Jewell Ave will be closed to through traffic. Ocean View Blvd from the driveway to Borgs Motel to the intersection of Ocean View Blvd & Sea Palm will also be closed to through traffic. The Police Department will provide 6 officers for the duration of the event and have 2 squad vehicles available. And the Fire Department will conduct safety inspections of all tented vendors.

OPTIONS

1. Take no action.

2. Provide alternate direction.

FINANCIAL IMPACT:

This event will require the following City staffing and resources. 6 Police Officers and 2 Police Vehicles will be required for 6 hours and will cost an estimated $9,563.28. 2 Public Works staff, 2 trucks, and general equipment will be needed to place no parking signs, barricades, water barrels, close and open Ocean Blvd, and attend to any complications that arise during the event. Public Works staffing will cost an estimated $1, 529.93. Public Works equipment usage will cost an estimated $627.64.

Remaining fees for sound permit and application will be $885.00. The total estimated cost for this event will be $12,605.85. There is an additional $500.00 refundable sound permit deposit that is not included in this amount. City staff is recommending this event to be a Full Cost Recovery Special Event. If approved, all fees will be the responsibility of the event organizers.

FOCUSED PRIORITY AREA: Recreation Services
Attachments
FY 2023-2024 Special Event Calendar
FY 2023-2024 Special Event Cost Estimate
900-1 Special Events Policy
PGCC 5-17-23

# Event Organization Day Date Time Location
1 4th of July Celebration Chamber of Commerce Tuesday July 4, 2023 11:00 AM Jewell Park 2 Music in the Park #1 Chamber of Commerce Thursday July 27, 2023 5:30 PM Jewell Park 3 Pet Parade Youth Ambassadors Friday July 28, 2023 2:00 PM Downtown (Lighthouse Ave) 4 Pacific Grove Summer Lights Dance Youth Ambassadors Friday July 28, 2023 6:00 PM Chautauqua Hall 5 Pacific Grove Summer Lights Youth Ambassadors Saturday July 29, 2023 11:00 AM Lovers Point Park & Pier 6 National Night Out City of Pacific Grove Tuesday August 1, 2023 5:00 PM Caledonia Park 7 Hiroshima-Nagasaki Remembrance Day Women's International League Saturday August 5, 2023 7:00 PM Lovers Point Beach & Pier 8 Celebration of Our Lady of Fatima Lady of Fatima Society Sunday August 13, 2023 Varies Downtown (Lighthouse Ave) 9 Classic Motorsports Kick-Off Classic Motorsports Tuesday August 15, 2023 2:00 PM Downtown (Lighthouse Ave) 10 Little Car Show Marina Motorsports Wednesday August 16, 2023 10:00 AM Downtown (Lighthouse Ave) 11 Legends of the Autobahn BMW Car Club Thursday August 17, 2023 9:00 AM Pacific Grove Golf Links 12 PG Concours Auto Rally PG Rotary Club Friday August 18, 2022 12:00 PM Downtown| Chautauqua Hall 13 Music in the Park #2 Chamber of Commerce Friday August 25, 2023 5:30 PM Jewell Park 14 AIM for Awareness Walk & Rally AIM Youth Mental Health Sunday September 10, 2023 1:00 PM Lovers Point Park 15 Walk With Pride PG Pride Saturday September 16, 2023 9:00 AM Recreation Trail 16 Music in the Park #3 Chamber of Commerce Friday September 29, 2023 5:30 PM Jewell Park 17 Pints on the Peninsula California Seltzer Company Saturday September 30, 2023 1:00 PM Ocean View Blvd 18 Butterfly Parade PG Unified School District Saturday October 7, 2023 10:30 AM Downtown (Lighthouse Ave) 19 Butterfly Days PG Heritage Society Sat / Sun October 7-8, 2023 Varies Downtown |Chautauqua Hall 20 Music in the Park #4 Chamber of Commerce Friday October 27, 2023 5:30 PM Jewell Park 21 Veterans Day Ceremony City of Pacific Grove Friday November 11, 2023 TBD TBD 22 BSIM 3K/5K & Mty Bay Half Marathon Big Sur International Sat / Sun November 11-12, 2023 Varies Lovers Point | Ocean View 23 Holiday Tree Lighting Ceremony City of Pacific Grove Monday November 27, 2023 6:00 PM Jewell Park 24 Holiday Parade of Lights Chamber of Commerce Friday December 1, 2023 6:00 PM Downtown (Lighthouse Ave) 25 Stillwell’s Holiday in the Park Chamber of Commerce Saturday December 2, 2023 11:00 AM Caledonia Park | Chautauqua Hall 26 Rudolph Run 1K & 5K Walk/Run Arthritis Research Coalition Saturday December 9, 2023 7:30 AM Lovers Point | Ocean View Blvd 27 Quilt Show Monterey Peninsula Quilters Fri -Sun May 5-7, 2024 Varies Chautauqua Hall 28 Good Old Days Chamber of Commerce Fri-Sun May 5-7, 2024 Varies Downtown | Jewell Park 29 Walk of Remembrance Museum of Natural History Saturday May 11, 2024 1:00 PM Central Ave | Rec Trail City Sponsored - 22 Full Cost Recovery (F. C. R.) - 7
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Total Staff Costs Other Fees Usage Fees Unsubsidized
All other fees Facility/Parks Without City
Hrs Costs Hrs Costs Hrs Costs Hrs Costs Sponsorship
1 4th of July Celebration 8 815.96 $ $ 815.96 $ 541.00 $ 1,432.00 $ 2,788.96 2 Music in the Park #1 10 $ 1,019.50 6 1,463.88 $ $ 2,483.38 $ 245.00 $ 2,148.00 $ 4,876.38 3 Pet Parade 20 $ 1,826.00 $ 1,826.00 $ 219.00 $ 156.00 $ 2,201.00 4 Pacific Grove Summer Lights Dance 6 547.80 $ $ 547.80 $ 350.00 $ 2,568.00 $ 3,465.80 5 Pacific Grove Summer Lights 30 $ 2,952.90 50 $ 12,199.00 $ 15,151.90 $ 1,160.00 $ 3,640.00 $ 19,951.90 6 National Night Out 4 365.20 $ $ 365.20 -$ -$ $ 365.20 7 Hiroshima-Nagasaki Remembrance Day $ 304.00 - $ -$ $ 304.00 8 Celebration of Our Lady of Fatima 4 365.20 $ $ 365.20 $ 395.00 -$ $ 760.20 9 Classic Motorsports Kick-Off 18 $ 1,771.74 10 $ 2,439.80 $ 4,211.54 $ 672.00 -$ 4,883.54 $ 10 Little Car Show 18 $ 1,771.74 22 $ 3,903.68 $ 5,675.42 $ 672.00 -$ 6,347.42 $ 11 Legends of the Autobahn 8 730.40 $ 28 $ 6,831.44 $ 7,561.84 $ 1,344.00 -$ 8,905.84 $ 12 PG Concours Auto Rally 18 $ 1,771.74 28 $ 6,831.44 $ 8,603.18 $ 672.00 -$ 9,275.18 $ 13 Music in the Park #2 10 $ 1,019.50 6 1,463.88 $ $ 2,483.38 $ 245.00 $ 2,148.00 $ 4,876.38 14 AIM for Awareness Walk & Rally $ 304.00 - $ $ 1,638.00 $ 1,942.00 15 Walk With Pride $ 304.00 - $ $ 1,820.00 $ 2,124.00
16 Music in the Park #3 10 $ 1,019.50 6 1,463.88 $ $ 2,483.38 $ 245.00 $ 2,148.00 $ 4,876.38 17 Pints on the Peninsula 15 $ 1,529.93 36 $ 9,563.28 $ 11,093.21 $ 1,512.64 -$ 12,605.85 $ 18 Butterfly Parade 50 $ 4,565.00 21 $ 5,123.58 $ 9,688.58 $ 1,059.00 -$ 10,747.58 $ 19 Butterfly Days 11 $ 1,004.30 $ 1,004.30 $ 1,177.00 $ 9,454.00 $ 11,635.30 20 Music in the Park #4 10 $ 1,019.50 6 1,463.88 $ $ 2,483.38 $ 245.00 $ 2,148.00 $ 4,876.38 21 Veterans Day Ceremony 8 730.40 $ $ 730.40 $ 730.40
22 BSIM 3K/5K & Mty Bay Half Marathon 30 $ 2,952.90 80 $ 19,518.40 $ 22,471.30 $ 4,540.00 $ 4,368.00 $ 31,379.30 23 Holiday Tree Lighting Ceremony 6 611.97 $ $ 611.97 $ 611.97 24 Holiday Parade of Lights 60 $ 5,691.90 10 $ 2,439.80 $ 8,131.70 $ 1,059.00 -$ 9,190.70 $ 25 Stillwell’s Holiday in the Park 6 611.97 $ $ 611.97 $ 654.00 $ 468.00 $ 1,733.97 26 Rudolph Run 1K & 5K Walk/Run 30 $ 2,952.90 15 $ 3,659.70 $ 6,612.60 $ 1,016.00 $ 2,912.00 $ 10,540.60 27 Quilt Show 8 730.40 $ $ 730.40 $ 350.00 $ 7,704.00 $ 8,784.40 28 Good Old Days 100 $ 23,894.50 64 $ 15,614.72 $ 39,509.22 $ 3,590.00 $ 4,833.00 $ 47,932.22 29 Walk of Remembrance 3 338.07 $ 6 1,463.88 $ $ 1,801.95 $ 428.00 $ 728.00 $ 2,957.95 Totals $ 158,055.16 $ 23,302.64 $ 50,313.00
City Sponsored = 22 Events
Full Cost Recovery (F. C. R.) = 7 Events Total Staffing Costs* $ (158,055.16) Full Cost Recovery Staffing* 52,315.69 $
*All estimates are based on projected hours & resources submitted in application by event organizers. Full Cost Recovery Fees $ 18,701.64 *Employee costs are based on Fully Burdened Rates for employees. Total Net Loss** $ (87,037.83) **Model reflects amount to be subsidized by the City with approval of proposed City Sponsored Events 2023-2024 Special Events Budget Estimate
Staff Costs
Event Name Public Works Police Fire Recreation
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CITY OF PACIFIC GROVE

CITY COUNCIL POLICY
SUBJECT POLICY NO. EFFECTIVE DATE PAGE NO.

Special Events 900-1 February 16, 2011 1 of 3

PURPOSE
The intent of this policy is to provide guidance for the conduct of special events in the City and ensure an appropriate balance between the number and scope of special events with the ability of City neighborhoods and facilities to adequately handle such events.

POLICY
I. General
The City shall have the discretion to limit the number of special events in any fiscal year.

All special events will be limited to those activities that benefit Pacific Grove residents or businesses.

Most special events are either one-time or annual. Certain special events, such as the Farmers' Market, are periodic and ongoing.

The Council reserves the right to take actions creating exceptions to this policy in the event of special circumstances.

Americans with Disabilities Act (ADA) Requirements
The ADA requires the City of Pacific Grove and public accommodations to provide equitable access for people with disabilities. Event organizers are expected follow ADA guidelines and provide and maintain access for people with disabilities. This may include providing a clear path of travel to and on sidewalks, curb cuts and restrooms; maintaining already-designated parking for people with disabilities, providing additional parking for people with disabilities if parking is provided; and providing accessible restrooms.

Non-Discrimination Policy
The City of Pacific Grove (City) requires that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity on the grounds of race, color, sex, age, disability or national origin, as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 (P.L. 100.259) or due to breastfeeding in a public place, gender identity, marital status, political ideology, religion, sexual orientation, or military status or veteran status. The City of Pacific Grove also includes immigration status, ethnic background and Neurodivergent people, in its non-discrimination policy. The City further assures every effort will be made to ensure nondiscrimination and inclusivity in all of its programs and activities, whether those programs and activities are federally funded or not. Permitted special events must comply with the City's nondiscrimination policy and all applicable City, state and federal laws, rules and regulations.

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*Neurodivergent or ND refers to variations in the human brain and cognition, for instance in sociability, learning, attention, mood and other mental functions.

II. Types of Special Events
The City will create an annual calendar of special events. Events included in the annual calendar shall have first priority for the scheduled locations and times. Requests for inclusion in the annual calendar shall be submitted to the City by November 30th for any event to be held during the following fiscal year.

Such events will not be approved if they conflict with already approved events. Events requiring City Council approval are those that:
• Require City sponsorship or other City support;
• Preclude others from using an entire outdoor public facility (e.g., Caledonia Park); • Are likely to have a significant impact on substantial numbers of residents or businesses (e.g., closure of multiple or high-traffic streets for a significant amount of time, as determined by the City Manager); or
• Have other characteristics that warrant public consideration by the Council.

More limited events may be approved by staff. A neighborhood event, requiring closure only of a neighborhood street, for example, would not require Council approval. In these cases, those persons incurring the costs of the street closure are the same persons benefiting from the event.

III. Information Required
Each application for special events shall contain the following information:

A. A description of the proposed event.

B. A statement of the purpose of the event and its benefits to the City including actions of inclusivity that are reflective of the diverse community which we aim to be.

C. The name of the sponsoring organization.

D. The date, location, and time (to include preparation and clean up) of the event. In the case of a race or parade, a map of the proposed route shall be submitted.

E. An estimate of the number of participants and/or spectators.

F. A description of City facilities, support, and personnel required.

G. A list of personnel to be provided by the sponsor.

H. A description of parking arrangements for the event.

I. If electronic sound amplification equipment will be used, an application for the necessary permit shall be made as required by Chapter 11.94 of the Pacific Grove Municipal Code.

J. A description of the proposed refuse management and recycling program for plastics, glass, paper, and aluminum during the event.

K. A listing of accommodations provided by the sponsor pursuant to the Americans with Disabilities Act.

L. A listing of fees proposed to be charged, commercial sales, commercial filming, and the service or sale of food and/or alcohol.

III. Conditions of Permit
Once the Council approves an application, the sponsoring organization shall comply with the following conditions:

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A. At least 30 days prior to the event, furnish the City with a certificate of insurance in an amount not less than $2 million naming the City of Pacific Grove as an additional insured.

Such insurance shall be primary to any City insurance, and the City must have at least ten days’ notice of cancellation.

B. The sponsoring organization shall reimburse the City for all direct and incidental expenses for the use of the City personnel and facilities. The sponsor has the option of using volunteers or other non-City personnel for some functions (e.g., placing barricades, emptying public trash cans, etc.) Other functions (e.g., Police security) require City personnel. The City has the absolute discretion to determine the number of personnel who will be provided for a particular event.

C. The sponsor is responsible for all sign removal, litter control, clean-up activities, and for providing necessary containers and personnel for recycling activities, as determined by the City.

D. The sponsor shall provide portable restroom facilities if deemed necessary by the City and in compliance with the ADA.

E. The sponsor shall be advised that the sponsor is responsible for determining what, if any, accommodations are required of sponsor pursuant to the American with Disabilities Act.

F. An approved Special Event Application is required for all groups and shall be in the possession of the sponsor or representative at the event.

G. The City will review applications and additional approvals may be deemed necessary.

H. If amplification is to be used a deposit of $500 will need to be paid along with the application fee. If it is determined that amplification exceeds allowable levels or has locations have not been preapproved by City Staff then the deposit may not be returned.

The City of Pacific Grove reserves the right to revoke permissions for an event at any time.

IV. Event Classifications
The Council established the following classification of events to be used in determining the events scheduled for each calendar year: Special Events and City Sponsored Events.

Special Events: These are Special Events that require exclusive use of City property and require support from Police, Fire and / or Public Works. Special Events will be deemed full cost recovery
City Sponsored Events: These events include traditional events that are primarily hosted by the Chamber of Commerce, the School District, or the City and shall receive full City Support. These events will be noted annually on the Special Events Calendar for approval by the City Council.

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V. Review, Approval, and Scheduling of Events
All activities approved are authorized for the subsequent year only and, continued Council approval should not be assumed. Activities may be discontinued if they become too large or if they create problems that would substantially disrupt the peace and quiet of a neighborhood.

Should the City receive requests for more activities than may be accommodated, the City will establish an appropriate random drawing type of system or other suitable method for determining those activities to be approved.

Completed special event applications received by November 30 will be given priority for the upcoming fiscal year July 1 – June 30. Key dates for review and approval are:
• November – Recreation Department receives completed applications • December – Staff prepares recommendation
• January – Recreation Board prepares recommendation
• February – Council approves events, calendar, and city sponsorship • March – Staff publishes Special Events calendar
Completed special event applications received after November 30 (off-cycle) shall be considered if:

1. Not in conflict with approved special events or issued park/facility permit

2. Received a minimum 150 days in advance of the event

3. Off-cycle events brought forward for review will not be recommended as “City

4. Sponsored” special events.

Off-cycle applications will undergo the same review and approval process as for applications received by November 30.

Adopted: July 20, 2022 by Minute Order.

Adopted: July 6, 2022 by Minute Order
Adopted: April 16, 1986-Resolution No. 5705
Amended: January 7, 1987-Resolution No. 5787
Amended: February 5, 1992-Resolution No. 6238
Amended: March 3, 1993-Resolution No. 6331
Amended: November 15, 1995-Resolution No. 6489
Amended: November 5, 1997-Resolution No. 7-057
Amended: June 2, 2010-Resolution No. 10-044
Amended: February 16, 2011-Resolution No. 11-012
Amended: October 17, 2018 – Resolution 18-037
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Agenda No. 12 D

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: May 17, 2023
SUBJECT: Lover's Point Pier Repair Project
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION

1. Receive Report

2. Provide staff with direction on pursuing the interim repair design solution

3. Alternatively, discuss and take other action related to this item

DISCUSSION
Background
In January 2021, during winter storms the seaward tip of the Lovers Point Pier was damaged by wave runup and wave impact forces. A geotechnical and coastal engineering firm was consulted to provide repair recommendations. It was determined that because minimal information on the existing pier structure was available, additional exploration was needed prior to developing repair recommendations.

The tip of the pier was closed to ensure safety and will remain closed until repairs can be made.

As part of the FY21/22 Capital Improvement Program (CIP), $100,000 was budgeted for the Lovers Point Pier Project. The intent of the project is to obtain information on the pier’s construction and current condition through exploratory investigation and provide an analysis of possible repair options.

In December 2021, the City Council authorized an agreement with GHD in an amount not to exceed $99,852. The scope of services for this agreement included:

Performing a pier investigation
Developing a Conditions Assessment Report
Develop an Interim Repair Design and a corresponding plan set, and Providing permit and grant support
Condition Assessment
Following execution of the agreement, GHD and their subconsultants Haro Kasunich and Associates (HKA) began the pier assessment and investigation. The pier investigation began with a review of historical documentation and assessment of the damage caused during the storms. The internal structures of the pier were assessed by boreholes and core samplings, which allowed for review of the composition and strength of the pier structure. A wave runup analysis, riprap revetement size analysis PGCC 5-17-23

composition and strength of the pier structure. A wave runup analysis, riprap revetement size analysis and visual inspections were also performed. Additional details and information on these data inputs can be found in the Pier Condition Assessment, included as Attachment 1.

Assessment Takeaways
The pier is primarily a gravity structure that is not column supported or reliant on the strength of concrete beams. The gravity structure is comprised of interbedded layers of concrete, a matrix of concrete bonded to rip rap and rip rap rock. There are voids and joints within and between the interbedded layers due to the improvements made over the years to the 100+ year old structure. Some of the concrete is weak, other segments are strong.

The 1980s renovation, which reinforced concrete walls and slabs on the upper and lower decks, encased the weaker concrete and rip rap matrix that makes up a good chunk of the structure. These reinforced concrete walls and slabs provide a protective layer for the weaker legacy material. The reinforced concrete improvements included iron and carbon rebar which has corroded and expanded over time resulting in severe cracking and spalling of the concrete further exposing the rebar. The rebar supporting the concrete walls severely corroded at the east end of the upper deck and a panel of concrete dislodged and feel into the ocean during the large wave events.

Ultimately, the assessment reveals that the pier has performed as expected based on its construction.

Although the gravity structure is not in danger of a catastrophic failure at this time, as the reinforced concrete walls continue to fail, exposing more of the vulnerable core of the gravity structure, the rate of deterioration will accelerate. If nothing is done to reinforce and stabilize the core of the structure, the damage will get worse in the coming decade.

The 100+-year-old pier structure has had a big influence on beach creation at Lovers Point, if the pier and rock jetty were to cease to exist, the sediment flow and accumulation patterns in the vicinity of the pier would be altered to the detriment of public access and recreational beach usage.

Ultimately, the report recommends implementation of the near-term repair solution (“interim repair”) as soon as possible.

Interim Repair Solution
As an element of the scope of work, GHD prepared an interim repair option and a set of plans. The interim repair solution will address the identified deficiencies and allow for improvements that will enhance the safety of the pier structure. The interim repair plan is included as Attachment 2.

The interim repair project scope of work includes:

Installing reinforced shotcrete fascia on the existing pier wall face. This will act as a structural element as well as cosmetic surfacing that matches the adjacent concrete Replacement of the concrete at the edges and top of the pier with a sound concrete edge Replacing concrete footings and guard rail along the pier perimeter Demolish a 7” segment of the existing slab and pouring a new 7” thick monolithic slab on the seaward 75 feet of the upper deck
Replacement of the concrete slab on the entire lower pier deck Reform and resurface the lower staircase that extends into the water from the lower pier deck The engineers' estimate for the interim repair solution is $1.35 million. The interim repair solution is anticipated to last upwards of 20 years.

Permitting
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This project will require permits from the California Coastal Commission. City staff has preliminarily discussed the interim repair solution with staff members at the California Coastal Commission. These high-level conversations have been intended to begin dialogue in advance of a formal application. A formal permit application will only be submitted if the City Council expresses interest in pursuing the interim repair option.

Grant Support
As an element of their scope of work, GHD is actively researching grant opportunities for the interim repair solution. The availability of grants is largely time dependent, as grants have specific periods for submittal. If the City Council expresses interest in pursuing the interim repair solution, GHD can take a deeper dive into the availability of grant funding currently available. Staff can return with updates and options for funding the interim repair solution.

Long Term Repair Options
As an element of the Conditions Assessment Report, some high-level long term repair alternatives were explored. The intention of this high-level analysis was to conceptually understand the methods by which a long-term repair solution could be achieved and the potential drawbacks of each approach. This list is not an exhaustive list of all potential long term repair options, nor is it a deep dive into how approaches could be implemented.

Long-Term Repair Alternative 1 – Total removal of the pier & rip-rap revetment and construction of a new wharf supported by deep foundations
Not recommended as it will result in Lovers Point Beach shrinking and creating negative recreational impacts for the public
Long-Term Repair Alternative 2 – Total removal of the pier & rip-rap revetment and construction of a new concrete gravity structure supported directly upon the granite bedrock formation that makes up the sea floor
Difficult from a constructability standpoint as there are several environmental impacts during construction
This alternative would also result in increased wave runup and overtopping due to removal of the rip-rap revetment
Long-Term Repair Alternative 3 – Removal of existing concrete pier gravity structures above 0.0 feet NAVD88 and construction of new pier atop old concrete foundation elements and riprap.

Less of an environmental impact than option 2, but this alternative relies on older foundations and undersized riprap for support/protection and may leave the pier vulnerable Long-Term Repair Alternative 4- Total removal of the pier & rip-rap revetment & construction of a rip-rap jetty in the same footprint with adequately sized rock to an approximate elevation of +20.0 feet NAVD88. Construct a concrete gravity structure atop the rip-rap jerry as a causeway for recreational access
This alternative is preferred from a constructability, environmental impact, and long-term protection standpoint
Ultimately, a feasibility study and a deeper analysis of the long-term repair alternatives would need to be explored and detailed coastal engineering would be required if the City Council were to express interest in pursuit of a long-term repair option.

OPTIONS
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Do nothing. This is not recommended as damage will continue, as well as accelerate and use of the pier will be beyond an ordinary level of risk

1. Pursue Near Term Repair. This option is preferred as it provides the City with a method to make a repair, reopen the pier and prevent accelerated damage. Moreover, the repair will provide a solution for the next 20 years. The immediate next step would be to explore grant and funding opportunities and necessary permitting.

2. Pursue Long Term Repair. Pursuit of a long-term repair will be a lengthy endeavor and would require significant funding to perform a feasibility study of the long-term options, and design, engineer and permit a long-term repair. Moreover, a long-term repair is anticipated to be significantly more costly than the interim repair.

3. FINANCIAL IMPACT:

There is no fiscal impact associated with receiving this report. This report was prepared, and all the subsequent investigative tasks, were performed under the existing agreement with GHD. To date, 89% of the budget has been expended.

If the Council expresses interest in the interim repair option, GHD will perform an analysis of available grants and staff will return with potential funding options.

FOCUSED PRIORITY AREA: Infrastructure
Attachments
Attachments 1-Conditions Assessment Report
Interim Repair Plans
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HARO, KASUNICH AND ASSOCIATES, INC.

CONSULTING GEOTECHNICAL & COASTAL ENGINEERS
116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Project No. M11897.1
13 March 2023

MEMORANDUM
To: GHD
669 Pacific Street
San Luis Obispo CA 93401
Attention: Robert Sherwood, PE (805-858-3142)
From: Mark Foxx, CEG 1493 and Moses Cuprill, CE 78904
Haro Kasunich and Associates Inc.

Subject: Lovers Point Pier Condition Assessment
Reference: Lovers Point Pier
Pacific Grove, CA
Dear Mr. Sherwood:

During the January 2021 winter storms, the seaward tip of the Lovers Point Pier was severely damaged by ocean wave runup and wave impact forces. Waves were reportedly observed breaking on the pier structure and wave runup was flowing across the concrete deck that forms the surface of the pier.

After that damage the City of Pacific Grove retained Haro Kasunich and Associates Inc. (HKA), who briefly evaluated the damage to the pier and recommended a more in-depth assessment of the pier's condition. In March 2022 the City of Pacific Grove retained GHD who in turn retained HKA to perform that assessment. This Memorandum presents the results of the assessment that evaluates the condition of the upper and lower deck of the pier.

In preparation of this assessment HKA made several site visits to observe the condition of the pier, had several working meetings with GHD, and had an additional in-house working meeting to develop alternatives. Based on review of historic documents HKA understands that circa 1900 there was originally a granite quarry at Lover's Point which enlarged the cove where the Lovers Point beaches exist today.

Subsequently a “cement pier” was constructed before 1907, replacing an earlier wooden wharf. In 1909 the cement pier was extended further into the bay by constructing two large 25 to 30 feet tall concrete monoliths and tipping them off the end of the pier. The monoliths were covered with granite rocks and cement. Wooden piles were then driven into the end of the cement pier and founded upon the cemented granite rocks creating a wooden wharf extension for access. The pier was improved in the 1980’s with the construction of concrete walls and fascia creating a shell around the pier and lower dock, with that most recent renovative work on the pier utilizing plans by J. D. Raggett and Associates, dated 2-17-82.

The pier is oriented towards the northeast from where it joins the Lovers Point shoreline. It was founded in part on a small natural ridge of granitic bedrock that extends into Monterey Bay. The orientation of the pier and the presence of the prominent Lovers Point immediately to the northwest serves to protect it from the largest ocean swells that enter Monterey Bay from the west and northwest.

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2 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Despite the protection afforded by this location, the pier was damaged in January 2021 during a large wave event coincident with a king tide. The pier sustained damage from wave attack that fractured and dislodged large pieces of the concrete wall and fascia that was constructed in 1982, exposing the internal elements of the pier to more direct wave impact.

A photograph of the pier from September 2015, before the January 2021 damage occurred is shown below:

Photograph 1: September 2015 Aerial Photograph
(courtesy www.californiacoastline.org)
From our observations of the damaged pier, it appears that the pier was originally constructed partially as a wooden wharf that was subsequently surrounded with quarry stone and concrete, with rip rap boulders being placed along the side of the pier that is more exposed to the ocean. In January 2021, at the tip of the pier, several large pieces of concrete fascia were stripped off the structure by wave impact. The ends of two decayed wooden beams are visible where voids were created where the concrete fascia was stripped off the pier. The reinforcing ties that anchored the fascia to the concrete deeper within the pier structure are rusted away. This created a situation where the fascia was unattached or barely attached to the main bulk of the pier structure. The concrete fascia of the pier has been historically patched based on different fascia thicknesses and concrete types that are now visible. There is evidence that at least four generations of fencing that guard visitors from the drop offs at the edges of the pier have been installed at PGCC 5-17-23

3 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 the edges of the upper pier surface for safety. Each generation of the fencing has been damaged by corrosion and wave impact, eventually leading to its replacement. A photo of the pier showing both the upper pier surface and lower pier surface, as well as the protective rip-rap revetment on the downcoast side is shown below:

Photograph 2: May 23, 2022 Aerial Photograph
Showing Damage at End of Pier
(Photo by HKA)
Two additional photos show other perspectives and details of the damage to the end of the pier.

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4 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Photograph 3: 2022 Aerial Photograph
Showing Damage at End of Pier
(Photo by GHD)
Photograph 4: May 23, 2022 Aerial Photograph
Showing Damage at End of Pier
(Photo by HKA)
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5 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Since the 100+ year old pier structure and rock jetty structure had a big influence on beach creation at Lovers Point, if the pier and rock jetty were to cease to exist, then the littoral processes and coastal sediment flow and accumulation patterns in the vicinity of the pier will be altered, to the detriment of public access and recreational beach usage. The Lovers Point beach would be adversely affected, directly impacting public recreational beach usage. Photograph 5 below shows the public enjoying the beach in early April 2022.

Photograph 5: April 7, 2022 Aerial Photograph
Showing Public Beach Usage
(Photo by HKA)
To assess the internal structure of the pier we utilized a rotary percussion drill to advance three 2-inch diameter holes that were 9 to 11 feet deep. Two were drilled on the upper deck of the pier and one on the lower deck surface. The upper pier boreholes revealed concrete in the top 21 to 24 inches, with soft, relatively weak concrete with embedded granitic rubble down to a depth of about 6 feet. Below 6 feet was interbedded layers of granite rip rap, concrete, and concrete bonded to rip rap. Subsequently these two boreholes were drilled to refusal on granite bedrock or granite rip-rap at depths of 9 and 10 feet. On the lower elevation pier deck platform surface that faces southeast, a percussion borehole revealed an 18- inch-thick concrete section, with soft, relatively weak concrete down to a depth of about 3 feet, then harder concrete with embedded granitic rubble down to a depth of about 8 feet. The native granite bedrock formation was encountered below a depth of 8 feet deep.

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6 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 We subsequently diamond core drilled 3 holes in the pier in similar locations to the percussion drilled boreholes described above. We recovered continuous core samples from each hole, and this allowed visual inspection of the concrete, rubble, and other materials from the interior of the pier structure. At the conclusion of drilling, all holes were plugged with high strength concrete grout.

Laboratory testing of core samples derived from the diamond drilling were visually inspected and tested for compressive strength. One of the concrete samples from the upper deck had a compressive strength of over 7,000 psi. The remaining samples tested within the upper 5 feet had had test results that indicated between 3,100 and 4,400 psi, as well as weaker samples that were not tested, which is below the ACI 318-22 code required minimum of 5,000 psi. The weaker zones of concrete were easily drilled with the percussion drill and the concrete became disaggregated into a mixture of sand grains and cured cement.

Visual observation of the pier (see photographs 2, 3 and 4 above) shows that in the area where the concrete fascia has been stripped off, the internal structure of the pier is an assorted assemblage of sound concrete, granitic rubble in a weaker concrete matrix, occasional voids, and old wooden components. At the seaward end of the pier, both upcoast and downcoast from the damaged area, the remaining fascia exhibits fractures and differential displacement across the fractures. A network of cracks exists in the slabs that form the top of both the upper and lower pier walking surfaces. These cracks in the horizontal walking surfaces do not exhibit vertical displacement.

The lower pier deck has a dense network of surface cracks on its walking surface. Erosion and spalling of the concrete is occurring along the cracks. The 1982 Raggett plans specified a minimum of 1-1/2 inches of concrete cover over uncoated carbon steel reinforcing bar for the slabs and mostly 3 inches of concrete cover elsewhere, with mild steel welded wire mesh being used as reinforcing in thin air blown mortar fascia. Typical practice in more recent years involves epoxy coated, MMFX (Chromx) or stainless-steel rebar for most marine applications, with robust reinforcing and thickened wall sections capable of counteracting wave impact forces.

Severe corrosion of the reinforcing in the pier concrete and air blown mortar (shotcrete) is now evident in many places. Where corrosion has occurred and the iron in the reinforcing steel has oxidized forming iron oxide reddish brown staining is evident. This chemical alteration of the reinforcing steel involves the iron expanding in volume as it oxidizes and the rebar corrosion causing concrete deterioration through delamination and spalling of the concrete cover, reducing the cross-sectional area of the reinforcement, and reducing its bond to the concrete. These effects grossly reduce the strength of reinforced concrete and make concrete beams and columns vulnerable to deflection and rupture. The Lovers Point pier is primarily a massive gravity structure that is not column supported or reliant on the strength of concrete beams. One exception is the stairs going from the lower pier deck surface to the upper pier deck surface are built with a hollow area underneath, which does rely on reinforced concrete integrity to prevent its sudden structural collapse. The vertical concrete/shotcrete walls around the pier also rely on reinforced concrete integrity to prevent the pier from being eroded away, however that process is more incrementally progressive.

The pier is fronted on the Lovers Point side (downcoast side) by a rip-rap revetment. This revetment appears to have been enlarged and extended to protect the end of the pier between 1979 and 1987.

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7 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Photograph 6: 1979 Aerial Photograph
Showing Rip-rap Revetment at Pier
(courtesy of californiacoastline.org)
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8 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Photograph 7: June 1987 Aerial Photograph
Showing Enlarged Rip-rap Revetment at Pier
(courtesy of californiacoastline.org)
We field surveyed and prepared a 440-foot-long profile that extended from the upper pier deck surface (at about Elevation + 14 feet NAVD88) to the limit of the revetment (at about Elevation 0 feet NAVD88) to an elevation of about -23 feet NAVD88. We examined the quarry stone size (tonnage) and calculated the stability of the quarry stones in the steeply sloping toe of the structure. We utilized estimated extreme present-day ocean stillwater levels (9.9 Feet NAVD88) and used a low risk aversion with high emissions (these have a 66% probability of occurrence if predicted high emission scenarios are realized) stillwater level of 11.7 for year 2072 in our analysis. More extreme sea level rise is predicted to occur if lower probability (higher risk aversion) scenarios are realized. We note that the predicted 2072 (50 year) sea level rise scenario we utilized in our analysis has the ocean stillwater level (at extreme tide with storm surge and wave pileup conditions) at an elevation approximately 2.30 feet below the upper surface of the pier.

A wave runup analysis was conducted utilizing methodologies outlined in the 1984 Army Corps of Engineers Shore Protection Manual (SPM) and the computer program by Noble Coastal Engineers WRUPTM. The analysis was performed on Cross Section A field surveyed by HKA as described above.

Design still water levels of 9.9 feet NAVD88 (Year 2022) and 11.7 feet NAVD88 (Year 2072) where used in the analysis.

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9 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 In the analysis we allowed the software to iterate until the maximum breaking wave and corresponding wave runup elevation was determined. We also specified the deep-water wave height using a simulated near shore wave model from an adjacent project which predicted breaking waves closer to the structure.

Both scenarios are possible and should be considered. A summary of results is presented in Table 1 below.

Table 1: Summary of results from Waverunup analysis
Year SWL
(ft.)
Ho'
(ft.) T (sec.) Hb (ft.) db (ft.)
Breaking Wave
Distance from
Pier (ft.)
Runup Elevation (ft.

NAVD88)
2022

9.9 7.0 16 14.4 9.9 44.0 32.1

9.9 9.3 16 15.5 16.2 122.6 37.5
2072

11.7 7.0 16 14.4 9.9 41.6 34.9

11.7 10.9 16 17.3 18.2 129.0 44.5
Notes: SWL = Still Water Level
Ho’ = Unrefracted Deep Water Wave Height
T = Wave Period
Hb = Breaking wave Height
db = Breaking wave depth
The results indicate that at present day during the worst-case storm conditions wave runup elevations can vary between 32 and 38 feet NAVD88. That equates to approximately 20 feet of vertical wave spray above the top of the pier which sits at elevation 14.5 feet NAVD88. In 50 years, wave runup elevations vary between 35 and 45 feet NAVD88 which equates to an average of 25 feet of vertical spray above the top of the pier. Detailed spreadsheets and raw data software outputs are included in Appendix B.

The larger of the breaking wave heights from the wave runup analysis where selected for each still water level scenario and a wave force analysis was performed to determine wave pressures acting on the existing vertical pier walls. Wave forces were calculated using the following methods. 1) Broken Waves Seaward of Stillwater Line (Shore Protection Manual Volume II, 1984) 2) Minikin Method (Shore Protection Manual Volume II, 1984) 3) Breaking Wave Loads on Vertical Wall (FEMA Coastal Construction Manual) The results of the analysis indicate that presently during worst case storm conditions dynamic wave impact pressures can be up to approximately 500 psf for broken waves rolling into the pier as white water and 1000 psf for waves breaking as green water on the structure. In 50 years from now those forces may reach 600 psf and 1,660 psf for broken waves rolling into the structure and breaking waves on the structure, respectively.

Details and spreadsheets used for calculating wave pressures utilizing the three different wave force analysis methodologies are included in Appendix B.

A rip-rap size analysis was performed in the zone of maximum wave impact at the revetment fronting the pier. The weight and surface area of 122 boulders was inventoried and a mean boulder size of 2 tons was determined. Using the wave heights generated in the wave runup analysis the size requirement of rip rap was determined for the 10:1 (H:V) slope fronting the pier. In present day storm conditions 1 ton rock is required for large waves braking offshore and rolling in as white water. Larger 4-ton rock is required for moderate to large waves breaking directly on the revetment. In 50 years from now (2072) 6-ton rock is required for larger waves breaking on the rip rap at the 10:1 (H:V) slope. Our analysis indicates that the PGCC 5-17-23

10 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 existing rip-rap revetment is marginally stable when compared with wave force analysis under present day stillwater levels. If sea level rise increases the stillwater level by nearly 2 feet as predicted in the coming 50 years (2072) the rip rap revetment structure will be considerably undersized for the wave forces. Undersized rip rap revetment structures are prone to having their boulders plucked by waves and ultimately slump to a flatter slope gradient becoming less effective. Since the existing revetment sits at a relatively flat gradient at present increased runup and overtopping will be the most prevalent change in the future. Actual sea level rise measured from tidal gauges over the past several decades indicate a much slower rate of sea level rise. However larger increments of sea level rise may occur as melting of ice sheets or other contributing factors occur in the future. Our conclusion is that we expect the existing revetment at the current slope gradient of 10H:1V will continue to perform well for 50 years. As the Stillwater level increases over time the revetment will slowly become less effective at reducing wave runup and overtopping and greater wave forces will occur against the concrete pier structure. Ultimately the revetment will need to be reinforced with a layer of larger quarry stones or precast concrete elements (e.g., dolos, tetra pods, tribars etc.) Refer to Appendix C for an inventory spreadsheet and rip-rap sizing calculations.

The pier is performing as expected for a massive gravity structure founded partly on concrete rubble and rip-rap and partly on granite bedrock. The gravity structure is comprised of interbedded layers of concrete, a matrix of concrete bonded to rip rap, and rip rap rock. There are void and joints within and between the interbedded layers. Some of the concrete is very punky/weak. The entire pier was renovated in the early 1980’s with reinforced concrete walls and slabs on the upper and lower decks. These renovations encased the weaker concrete and rip rap matrix that makes up most of the gravity structure.

The reinforced concrete walls and slabs provide a protective layer for the much weaker legacy material making up the mass. The reinforced concrete improvements included iron and carbon rebar which has corroded and expanded overtime resulting in severe cracking and spalling of the concrete further exposing rebar. The rebar hangars supporting the concrete walls are severely corroded at the east end of the upper deck and a panel of concrete dislodged and fell into the ocean during a large wave event. The gravity structure is not in danger of a catastrophic failure at this time. However, as the reinforced concrete walls continue to fail exposing more of the vulnerable core of the gravity structure, we expect that the rate of deterioration will accelerate. In other words, this damage will only get worse in the coming decade, if nothing is done to reinforce and stabilize the core of the gravity structure.

APPENDIX A to this MEMORANDUM shows numerous photographs of specific conditions found along the pier that warrant action.

Recommendations:

If nothing is done, then: a) Damage will continue as well as accelerate; b) Concrete debris will remain in the ocean water and more will follow; and c) Use of the pier by the public will be beyond an ordinary level of risk.

Ordinary risk is defined as the following:
 Failures only affecting owners/occupants of a structure rather than a substantial population.  No significant potential for loss of life or serious physical injury.  No collapse of structures; structural damage limited to repairable damage in most cases.

This alternative may present an unacceptable level of risk to the City assuming the pier would remain accessible for use by the public.

Appendix A to this Memorandum includes a detailed description of various elements of the pier, their location, our observation of their condition, problems that we noted, and conceptual recommendations that can be solutions to those problems.

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11 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 In addition to this Memorandum, we (HKA) have prepared a set of short-term ("Interim") repair plans for the pier which will remediate most of the problems with the pier for the near future (10 or perhaps 20 years). Those plans will be submitted separately.

Removing concrete debris should be considered. This includes the pieces of concrete fascia resting on the seafloor in shallow water, as well as loose pieces of fascia that are partly detached from the pier structure. The concrete in the ocean water appears to have been colonized with marine life, and the disturbance associated removal of part or all of it is likely to do more harm than good. Loose pieces of fascia that are partly detached from the pier structure can be removed with a small crane or perhaps an excavator operated from the intact part of the concrete pier deck. A workman would likely need to assist to place slings around or anchor bolts into the concrete debris pieces so they can be lifted, placed in a truck, and transported to an appropriate disposal site. This alternative is environmentally appropriate.

Development and installation of a short-term repair (an "Interim" repair) is warranted as soon as possible.

This includes:

A. Monitor surf forecasts and close the entire pier to public use for temporary periods of time if adverse (dangerous) conditions are forecast. If wave overtopping of the pier deck or large waves are forecast during king tide periods, close the pier to public use. Monitoring should include tidal conditions, ocean swell size, direction, and period; This is prudent to maintain an acceptable level of risk.

B. Monitor future deterioration until the short-term "Interim" repair work is completed. This involves periodically inspecting the condition of the pier to assess if future damage is occurring. This is prudent no matter which other actions are taken. As part of the monitoring, supplemental recommendations should be made to the City, so those can be implemented as appropriate.

C. Design and installation of a new structural fascia that wraps around the tip of the pier and allows restoration of public use of the tip of the pier. The fascia should act as a short-term structural element as well as a cosmetic surfacing that matches the adjacent concrete surfaces. Inclusion of soil nail restraints within the fascia to enable it to act as a long-term retaining structure has been considered; however, this is more appropriate for consideration during development of a longterm repair plan for the pier.

D. Replacement of the concrete at the edges of and the tip of the pier with a sound concrete edge beam that replaces the cracked and split concrete there.

E. Replacement of the fencing along the margins of the pier, with the new fencing founded in the new concrete edge beam, which should be done in a manner that prevents corrosion of the fencing material from damaging the concrete. The fence posts should be embedded in the concrete in a manner that will minimize the chances of wave impact loading on the fence resulting in causing the edge beam to crack.

F. Replacement of the concrete slab on the seaward 75 feet of the upper pier deck.

G. Replacement of the concrete slab on the entire lower pier deck.

H. Reforming and resurfacing the stairs that extend into the water from the lower pier deck surface in a code compliant manner. A stainless-steel handrail should be provided.

I. Further evaluation of the stairs that extend from the upper pier deck surface to the lower pier deck surface by a structural engineer. If they must be replaced, that should be done in a code compliant manner. A stainless-steel handrail should be provided. If the structural engineer deems that repairs will be sufficient to allow use of the stairs, they should define those.

J. Consideration of whether a code compliant guard should be installed at the perimeter of the lower pier deck surface where there is an abrupt drop off into the ocean.

K. Maintaining new fencing in a location far enough landward of the damaged part of the pier so that users of the pier are only able to access the stable part of the pier. This involves placement of a new fence to prevent access to approximately the seaward 10 feet of the pier.

L. Further evaluation of the small building that is on the approach to the pier by a structural engineer. If it is unsafe to enter and must be replaced, that should be done in a code compliant manner. If the structural engineer deems that repairs will be sufficient to allow use of the building, PGCC 5-17-23

12 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 they should define those. As an alternative the structure could be resurfaced with reinforced concrete and infilled with control density fill.

Long Term Repair Alternatives
Over the next 50 years the Lovers Point Pier will be subjected to an increase in sea-level rise, storm surge, wave runup, wave overtopping, and wave impact forces. We expect that the portion of the rip rap revetment at a 10H:1V slope gradient will perform well for the next 30 years. The pier structures even with the interim repairs implemented should be expected to deteriorate over the next couple of decades to the point that it will need to be repaired again with a similar interim concept or completely replaced with a new coastal structure. During this time frame the repair should be monitored at the beginning and end of each winter storm season as well as at the end of each large wave event accompanied with hightides. The monitoring should be conducted by a registered civil or structural engineer specializing in marine structures.

The interim repair will provide adequate time for an investigation, alternatives analysis, design, community outreach, permitting, and construction of a replacement coastal structure. We have developed several alternatives for the long-term repair of the pier structure for consideration. Each repair alternative will require a specific type of investigation:

Long-Term Repair Alternative 1. Total removal of the existing pier and rip-rap revetment and construction of a new wharf supported by deep foundations. The wharf would occupy a similar footprint to that of the existing pier. This alternative is not recommended because it would allow wave and tidal movement to propagate beneath the wharf and disrupt the littoral drift process which provides the Lovers Point beach with sand. Lack of sand build up in the cove will shrink the beach and create a negative recreational impact for the public.

Long-Term Repair Alternative 2. Total removal of the existing pier and rip-rap revetment and construction of a new concrete gravity structure in a similar footprint supported directly upon the granite bedrock formation that makes up the sea floor. The structure would bear directly upon the seafloor and prevent the movement of water beneath it. This alternative would not disrupt the littoral drift process, however, the environmental impacts during construction such as containing concrete from the tidal zone make this alternative not preferred from a constructability standpoint.

This alternative would also generate higher wave runup and overtopping scenarios since the rip rap revetment would be removed.

Long-Term Repair Alternative 3. Removal of existing concrete pier gravity structures above 0.0 feet NAVD88 and construction of new pier atop old concrete foundation elements and rip rap.

This alternative is preferable to alternative 2 from an environmental impact and constructability standpoint, however, the design relies on older foundations and undersized rip rap for support and protection. Over the next 50 years the existing rip rap may be dislodged from the pier base leaving it vulnerable undermining as well as increased impact from wave runup and overtopping events.

Long-Term Repair Alternative 4. Complete removal of existing pier and rip rap. Construct a rip rap jetty in the same footprint with adequately sized rock to approximate elevation +20.0 feet (+/- 5 feet) NAVD88. Construct a concrete gravity structure atop the rip-rap jetty as a causeway for recreational access. This alterative is preferred from a constructability, environmental impact, and long-term protection standpoint.

To properly design and permit Long-Term Repair Alternative 4, more subsurface investigation and more detailed coastal engineering analysis is required for site specific geometry of the proposed long-term PGCC 5-17-23

13 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 repair. Haro, Kasunich & Associates, Inc. proposes six additional continuous cores drilled through the existing pier, rip-rap, and into the underlying bedrock, three additional field surveyed cross sections, and an in-depth coastal and geotechnical engineering analysis which includes alternative analysis and wave runup and force analysis on the chosen alternative geometry. Geotechnical design parameters for temporary shoring, retaining walls, and foundation would also be provided. A cost estimate can be prepared at your request.

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14 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202

APPENDIX A

ANNOTATED PHOTOGRAPHS OF CONDITIONS

FOUND ALONG THE LOVERS POINT PIER

WITH OBSERVATIONS OF PROBLEMS

AND RECOMMENDED SOLUTIONS
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15 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Annotated Photographs of Conditions
Found Along the Lovers Point Pier
With Observations of Problems
and Recommended Solutions
Preliminary Draft 10-29-2022
Location 1 : Lower Pier Surface
Appendix A Photo 1: Lower Pier Surface
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16 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Appendix A Photo 2: Lower Pier Deck Surface
Appendix A Photo 3: Lower Pier Deck Surface
Problems:
1) Extensive cracking of concrete slab. Large cracking appears to be combination of construction joint cracking and cracking from shrinkage during curing as well as concrete erosion and spalling. 2) Spalling from corrosion of reinforcing bar at slab edges. 3) Slab appears to slope toward the upper pier and may pond water. 4) Lack of fence or guard at drop off into ocean. Safety Hazard.

Solutions:
1) Remove corroded concrete in spalled areas, replace damaged reinforcing, reform damaged area, and pour new concrete.
2) Install new 6- to 8-inch-thick reinforced concrete topping slab over entire existing lower deck.

Slope surface for positive drainage.
3) Use commercial marine grade elastomeric joint filler between new dock slab and bottom of upper pier wall.
4) Use heavy broom non-slip finish or similar on the new slab. 4) Resurface other repaired areas to match existing.
5) Install fence or guard at drop off
6) Install safety signage.

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17 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Location 2 : Stairs from Lower Pier Deck Surface to Ocean

Appendix A Photo 4: Stairs from Lower Pier Deck Surface to Ocean

Appendix A Photo 5: Stairs from Lower Pier Surface to Ocean PGCC 5-17-23

18 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Problems:
1) Spalling from corrosion of reinforcing bars.
2) Cracking of concrete.
3) Erosion and abrasion of stair treads. Safety Hazard. 4) Irregular stair rise and run. Safety Hazard.
5) Lack of handrail. Safety Hazard.

Solutions:
1) Remedy Safety Hazards with guards, handrail, and signage. 2) Reform and pour new concrete stairs with minimum 4-foot width, uniform rise and run of treads and aluminum or stainless-steel stair treads with nosing. 3) Remove eroded/corroded concrete, replace damaged reinforcing, reform damaged area, and pour new concrete in adjacent areas.

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19 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Location 3 : Stairs from Upper Pier Deck Surface to Lower Pier Deck Surface Appendix A Photo 6: Stairs from Lower Pier Deck Surface to Upper Pier Deck Surface with Interior Storage Room Underneath
Appendix A Photo 7: Stairs from Lower Pier Deck Surface to Upper Pier Deck Surface with Interior Storage Room Underneath
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20 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202

Appendix A Photo 8: Stairs from Lower Pier Deck Surface to Upper Pier Deck Surface with Interior Storage Room Underneath
Appendix A Photo 9: Stairs from Lower Pier Deck Surface to Upper Pier Deck Surface with Interior Storage Room Underneath
Appendix A Photo 10: Stairs from Lower Pier Deck Surface to Upper Pier Deck Surface with Interior Storage Room Underneath
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21 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Problems:
1) Spalling from corrosion of reinforcing bar.
2) Cracking of concrete.
3) Structural distress from concrete reinforcing failure.

Solutions:
1) Inspect interior room.
2) Structural Engineer to evaluate stairs and stability of roof and walls of interior room. This evaluation may conclude a complete rebuild of the stairs is most cost effective or may find that resurfacing the concrete and completely filling the interior room under the stairs with concrete control density fill is adequate.
3) Remove corroded concrete, replace damaged reinforcing, sandblast surface, reform damaged area and pour new concrete.
4) Resurface repaired areas to match existing.

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22 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Location 4 : Upper Pier Deck Surface
Appendix A Photo 11: Upper Pier Deck Surface Showing Cracking Of Slab Appendix A Photo 12: Upper Pier Deck Surface Showing Construction Joint and Cracks PGCC 5-17-23

23 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Appendix A Photo 13: Upper Pier Surface
Problems:
1) Extensive cracking of concrete slab. Cracking appears to be combination of construction joint cracking, cracking from shrinkage during curing as well as from settlement and flexure of the massive concrete structure.
2) Spalling from corrosion of reinforcing bar at slab edges.

Solutions:
1) Remove 8-inch of cracked concrete in the seaward 75 feet of pier surface area. 2) Install new 8-inch-thick reinforced topping slab over entire existing slab. Slope surface for positive drainage.
3) Utilize heavy broom non-slip finish on new slab.
4) Use marine elastomeric filler in new control joints.

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24 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Location 5 : Upper Pier Deck Edge Toward Lower Pier Deck Appendix A Photo 14: Upper Pier Deck Edge Toward Lower Pier Deck Appendix A Photo 15: Upper Pier Deck Edge Toward Lower Pier PGCC 5-17-23

25 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Appendix A Photo 16: Upper Pier Deck Edge Toward Lower Pier Deck Along this edge the upper pier deck concrete slab is at the same elevation as the top of the wall that descends to the lower pier deck surface. The concrete has spalled in numerous areas, often near the location of present or former railing posts and corroded rebar is visible.

Problems:
1) Extensive cracking of concrete slab. Cracking appears to be combination of construction joint cracking, cracking from shrinkage during curing as well as from settlement and flexure of the massive concrete structure.
2) Spalling from corrosion of reinforcing bar at slab edges.

Solutions:
1) Remove corroded concrete in spalled areas, replace damaged reinforcing, reform damaged area and pour new concrete.
2) Install new 8-inch-thick reinforced topping slab over entire existing slab. Slope surface for positive drainage.
3) Use marine elastomeric filler between new lower deck concrete slab and bottom of upper pier deck wall.
4) Resurface repaired areas to match existing.
5) Install fence or guard at drop off.
6) Install safety signage.

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26 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Location 6 : Upper Pier Deck Edge Toward Lovers Point
Along this edge there is a wall along the edge of the pier and the upper pier concrete slab is about 6 inches in elevation below the top of the wall that descends to the adjacent rip-rap. The concrete has severely cracked in numerous areas due to corrosion (chemical alteration) of the reinforcing steel that involves the iron expanding in volume as it oxidizes and causes concrete deterioration by delamination and spalling of the concrete cover and reducing the cross-sectional area of the reinforcement and reducing its bond to the concrete. Prominent cracks often parallel with the wall and near the location of present or former railing posts. Cracking is also evident that crosses the top of the wall, and corroded rebar is visible.

Appendix A Photo 17: Showing Prominent Cracks Parallel to Top of Wall Along Upper Pier Edge Toward Lovers Point
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27 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Appendix A Photo 18: Showing Prominent Crack Across Top of Wall Along Upper Pier Edge Toward Lovers Point
Appendix A Photo 19:Showing Crack Location Along Old Railing Post Alignment at Upper Pier Edge Toward Lovers Point
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28 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Problems:
1) Extensive cracking of top of wall at upper pier deck edge toward Lovers Point. Large cracking appears to be associated with corrosion of former railing posts, as well as from settlement and flexure of the massive concrete structure. Concrete erosion is evident. 2) Spalling from corrosion of reinforcing bar in near surface areas.

Solutions:
1) Remove upper portion of wall at upper pier deck edge toward Lovers Point and reform a new concrete beam at the edges of and the tip of the pier with a sound concrete edge beam that replaces the cracked and split concrete there, so the new concrete beam can be used as a stable foundation for new corrosion resistant railings. After demolition, form new concrete beam designed as a gravity structure with an integrated sleeved foundation for new railings, and pour new concrete.
2) Integrate work so that the adjacent new 8-inch-thick reinforced topping slab is structurally tied to the new concrete beam with reinforcing bar.
3) Use marine elastomeric filler in upper portion of new railing foundation sleeves and in any required control joints.
4) Resurface repaired areas to match existing.
5) Install fence or guard at drop off.
6) Install safety signage.

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29 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Location 7 : Upper Pier Deck Railing
Appendix A Photo 20: Upper Pier Railing
Appendix A Photo 21: Upper Pier Deck Railing
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30 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Appendix A Photo 22: Upper Pier Deck Railing
Appendix A Photo 23: Upper Pier Deck Railing Under Historical Wave Impact During Pier Construction (Photo Taken Prior to Construction of Lower Pier Deck Portion) PGCC 5-17-23

31 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Problems:
1) Four prior generations of railing are evident. Extensive concrete cracking has resulted from expansion of railing posts because of corrosion and from wave impact forces on the railings from ocean wave overtopping of the pier.
2) Railings are essential for pier user safety, and thus must be in a challenging corrosive environment that is subject to wave inundation and impact. 3) Railing will not protect users from wave uprush, impact, or overtopping. 3) Lack of fence or guard at drop off into ocean. Safety Hazard.

Solutions:
1) Install new corrosion resistant railings. Found them in the new concrete beam located at the edges of and the tip of the pier with an integrated sleeved foundation for the new railings. 2) Use marine elastomeric filler in upper portion of new railing foundation sleeves and in any required control joints.
3) Resurface repaired areas to match existing.
4) Close pier during extreme ocean wave conditions. Install safety signage.

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32 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Location 8 : Seaward End of Lovers Point Pier
Appendix A Photo 24: Lovers Point Pier Showing Damage at Seaward End PGCC 5-17-23

33 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Appendix A Photo 25: Lovers Point Pier Showing Closer View of Damage at Seaward End Appendix A Photo 26: Showing 2021 Damage at Seaward End of Pier PGCC 5-17-23

34 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Appendix A Photo 27: Showing 2021 Damage at Seaward End of Pier In January 2021, at the tip of the pier, several large pieces of concrete fascia were stripped off the structure by wave impact. The ends of two decayed wooden beams are visible where voids were created where the concrete fascia was stripped off the pier. The reinforcing ties that anchored the fascia to the concrete deeper within the pier structure are rusted away. This created a situation where the fascia was unattached or barely attached to the main bulk of the pier structure. The concrete fascia of the pier has been historically patched based on different fascia thicknesses and concrete types that are now visible.

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35 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Problems:
1) Extensive cracking of concrete wall and facing. Large cracking appears to be caused by a combination of reinforcing bar and reinforcing tie failure and spalling. Under the stress of wave impact forces.
2) Exposed edges of facing and adjacent walls are delaminating and becoming detached from the core of the pier.
3) The core of the pier is exposed and subject to ongoing damage. 4) Foundation of existing fence at tip of pier is damaged, so it does not adequately guard the drop off into the ocean there. Safety Hazard.

Solutions:
1) Maintain existing additional safety fencing to prevent pedestrian access to the seaward 10 feet of the pier.
2) Close pier during extreme ocean wave conditions. Install safety signage. 3) Install new corrosion resistant railings. Found them in the new concrete beam located at the edges of and the tip of the pier with an integrated sleeved foundation for the new railings. 4) Demolish "Failing Area" of shotcrete facing shown in Photograph 26 (above). 5) Install new marine shotcrete fascia tied into core of existing pier and into new beam around upper pier perimeter. Take precautions to prevent concrete debris from any required demolition and any uncured fresh or hardened concrete from entering the ocean. 6) Resurface repaired areas to match existing adjacent surfaces.

PGCC 5-17-23

36 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Location 9 : Small Building Located on Pier Approach
Appendix A Photo 28: Small Building Located on Pier Approach Appendix A Photo 29: Door into Interior of Small Building Located on Pier Approach PGCC 5-17-23

37 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Problems:
1) Spalling from corrosion of reinforcing bar.
2) Cracking of concrete.
3) Structural distress from concrete reinforcing failure.

Solutions:
1) Inspect interior room.
2) Structural Engineer to evaluate stability of roof and walls of building. This evaluation may conclude a complete rebuild of the building is preferred or resurfacing of existing concrete and infilling of the room with concrete control density fill or may find that removal of the building is most cost effective.
3) Remove corroded concrete, replace damaged reinforcing, sandblast surface, reform damaged area and pour new concrete.
4) Resurface repaired areas to match existing.

PGCC 5-17-23

38 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Location 10 : Steps to Beach from Pier Approach
At the landward end of the approach to the pier, a set of steps with arcuate treads descends to the beach sand at the main Lovers Point Beach.

Appendix A Photo 30: Steps to Beach
Problems:
1) The noses of the treads have eroded and become broken off, resulting in irregular surfaces on the steps, which are partly covered in sand. This creates a slip and fall hazard. 2) No handrail exists.

Solutions:
1) Reconstruct steps that are code compliant.
2) Install code compliant handrail(s) for pedestrians to use.

PGCC 5-17-23

39 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Location 11 : Rip-rap Revetment
The rip-rap revetment downcoast of the pier is in good condition. It absorbs wave energy, decreases pier flooding which increases the time the pier is usable, and buttresses and supports the concrete pier structure. It is shown below.

Appendix A Photo 31: Rip-rap Revetment Downcoast of Pier PGCC 5-17-23

40 116 EAST LAKE AVENUE  WATSONVILLE, CALIFORNIA 95076  (831) 722-4175  FAX (831) 722-3202 Appendix A Photo 32: Closer View of Rip-rap Revetment Downcoast of Pier Problems:
1) The toe of the revetment is at a much steeper gradient than the remainder and quarrystone at the toe will become unstable in the future.

Solutions:
1) Ultimately the revetment may need to be armored with a layer of larger quarry stones or precast concrete elements (e. g. dolos, tetra pods, tribars etc.) PGCC 5-17-23

APPENDIX B

WAVE RUNUP AND FORCE ANALYSIS
PGCC 5-17-23

0.60 CONCRETE
PAD

CONCRETE
PAD

ASPHALT WALK

SAND BEACH

MEAN HIGH WATER
ELEVATION: 4.63'

ROCK/CONCRETE WALL MONTEREY BAY
40 0 30
1 10

RIPRAP/SAND

MEAN HIGH WATER
ELEVATION: 4.63'

LIGHT UTILITY

VAULT RAILING

EXISTING BUILDING WHARF HYDRANT
20 1 00
0 90
0 80
0 50

RIP RAP

RIPRAP/SAND
15 10
5 0 70
0 60
0 EXISTING CRACK IN
CONCRETE, TYPICAL 14
2 3
6 7
8 9
11 4 25
MEAN HIGH WATER ELEVATION: 4.63'

ROCK/CONCRETE WALL

HV TARGET

24.30 HV TARGET

14.03 25.38

25.98 25.00

25.70 26.03

26.48 27.32 EM

26.13 27.06

27.13 27.75

27.35 29.40 26.95
40-CYP
28-CYP

25.98 27.03

27.06 27.52

26.69 25.10

24.60 24.12

24.79 24.83

24.07 24.17

23.85 23.38

24.54 24.70

24.36 24.42

24.43 24.25

23.83 23.74

23.76 24.76

25.41 26.87 26.31

27.30 27.78

27.08 26.03

24.82 24.78

25.30 25.30

25.68 26.22

26.37 26.03

26.29 26.58

26.99 26.91

26.45 26.51

26.52 26.14

26.18 26.14

26.88 26.20

25.75 26.50

10.18 9.77

9.14 8.15

7.95 8.16

8.54 8.97

8.40 9.18

9.70 1.34

4.14 5.97

6.01 5.71

4.68 3.41

1.80 0.26

18.42 18.59

7.11 8.44

11.51 11.53

8.56 8.43

12.03 11.94

1.15 1.97

1.52 2.89

2.71 3.62

2.42 4.64

3.80 4.15
-0.11

1.29 3.19

0.51 1.53

1.85 2.31

2.91 3.18

4.39 5.32

11.94 12.10

7.85 0.72

0.64 1.45

1.19 -0.23

4.22 3.24

5.09 2.33

5.81 6.63

4.02 4.05

4.21 5.29

5.81 5.43

6.88 4.18

3.35 4.26

0.22 0.49 0.74

3.19 23.33 9.86 8.29

8.07 5.76 2.48

18.17 0.44

0.37 0.79

HV TARGET

21.84 HV TARGET

7.88 HV TARGET

14.10 24.74

24.62 24.42

24.28 24.48 23.23

21.08 19.10

13.92 15.35

15.33 15.25

18.54 20.61

22.34 23.53

23.90 23.92

13.81 13.87

18.09 20.26

20.80 22.03

22.18 28-PALM

23.65 24.87

23.62 20-CYP

23.72 22.45

22.32 18.47

22.96 21.48

21.12 20.63

12.81 12.60

12.86 15.91

18.27 16.28

15.61 15.41

19.28 21.22

21.54 21.52 20.20
24-CYP

23.69 23.82

24.22 20.39

20.59 22.37

22.89 23.53

21.46 19.49

20.05 19.89

23.10 23.74

23.88 24.01

24.43 14.59 8.17 4.65 1.73 0.80

18.52 15.48

16.74 5.48

4.91 3.23

13.82 1.60

14.19 14.26

14.25 FF

13.82 13.59

14.21 14.17

8.10 8.21

1.54 12.26

12.49 12.61

13.55 14.14

14.15 12.47

12.33 12.29

12.27 12.25 FF

7.99 7.97

7.97 7.87

7.15 7.93

8.07 8.15

8.19 8.21

8.26 7.22

1.56 1.52

5.54 1.62

1.45 1.97

0.38 0.88

1.20 1.29

3.26 3.15

1.04 1.82

9.45 12.54

10.57 13.27

14.31 11.73

14.91 17.40

17.94 15.53

12.94 13.94

8.23 16.51

14.34 13.93 15.30 15.24

14.22 14.82

16.57 14.02

14.38 14.41

14.23 14.22

12.10 12.38

13.61 4.12

4.09 3.66

16.22 12.26

11.07 11.60

9.42 10.05

1.78 0.81

0.66 1.65

9.91 8.19

4.70 7.35

8.78 4.71

4.97 3.99

8.18 9.75

10.81 10.06

8.54 8.63

5.66 8.63

11.01 11.83

8.13 7.81

11.86 8.88

13.82 13.57

11.03 6.12

6.27 3.85

6.97 5.32

9.70 9.96

9.80 STA 0 + 29.06 SECTION A
0 0
0 20
0 10
0 -10
0 -20
0 -30
0 -40
0 -50
0 -60
0 -70
0 -80
0 -90
0 -100
0 -110
0 -120
0 -130
0 -140
0 -150
0 -160
0 -170
0 -180
0 -190
0 -200
0 -210
0 -220
0 -230
0 -240
0 -250
0 -260
0 -270
0 -280
0 -290
0 -300
0 -310
0 -320
0 -330
0 -340
0 -350
0 -360
0 -370
30 -70 -50 -30 -10 10

ELEVATION
FEET
-370 -350 -330 -310 -290 -270 -250 -230 -210 -190 -170 -150 -130 -110 -90 -10
0 10
-20
-30 WAVE RUNUP CROSS SECTION
1 ON 9.7 FOR 101 FEET
1 ON 35.7 FOR 270.5 FEET
30 -10
0 10
20 40 60 80 100
MHTL
EXISTING RAILING 25 CROSS SECTION A

RIP RAP

EXISTING VERTICAL CONCRETE WALL EXISTING VERTICAL CONCRETE WALL APPROXIMATE WATER LINE 5-23-2022

EXISTING CONCRETE

PIER SURFACE
TOP OF WALL EL 14.5
EXISTING RAILING 1 ON 9.7 FOR 38.5 FEET
BASE OF EXPOSED WALL EL 8 RIP RAP GRANITE BEDROCK WITH SEAWEED GROWTH 1 ON 4.25 FOR 19.8 FEET 1 ON 1.4 FOR 5.6 FEET

RIP RAP
110
GRANITE BEDROCK WITH SEAWEED GROWTH GRANITE BEDROCK WITH SEAWEED GROWTH -20 -30
SWL = 11.7 NAVD88, YEAR 2072 SWL = 9.9 NAVD88, YEAR 2022 SWAN WAVES. USER SPECIFED WRUP GENERATED MAX

BREAKING WAVES
Date
Scale
Job
Drawn
MF
Sheet 1
REVISIONS BY HARO, KASUNICH AND ASSOCIATES, INC. CONSULTING CIVIL, GEOTECHNICAL & COASTAL ENGINEERS 116 EAST LAKE AVENUE WATSONVILLE, CA 95076 (831) 722-4175 TOPOGRAPHIC MAP & PLAN VIEW WITH WAVE RUNUP SECTION LOVERS POINT PIER BAND-AID REPAIR CITY OF PACIFIC GROVE LOVERS POINT PARK APN 006-155-099, OCEAN VIEW BLVD., PACIFIC GROVE, CA 93950 7-21-2022
OF 1 SHEETS

AS SHOWN

PRELIMINARY DRAFT
FEET
0 20 40 60 80
PGCC 5-17-23

WAVE RUNUP AND FORCE ANALYSIS RESULTS SUMMARY

LOVERS POINT PIER
Date: October 2022
Job #: M11897
By: AK
Notes:
1) Analysis perfmored on WRUPTM wave runp software program 1984 using the composite slope method 2) All elevations reported in NAVD88
3) Analysis performed for existing and final wall configuration Description of Terms:

Case No. Case number from WRUP print outs
SWL (ft.) Still water elevation
H o' (ft.) Unrefracted deepwater wave height
T (sec.) Wave period
H b (ft.) Breaking wave height
d b (ft.) Breaking water depth
R (ft.) Wave Runup. The vertical height above the still water level to which water from an incident wave will run up the face of a structure.

TWL (ft.) Total Water Level in NAVD88 = Wave Runup (R) + Still Water Level elevation (SWL) in NAVD88 SECTION A, METHOD: CALCULATE MAXIMUM BREAKING WAVE HEIGHT GIVEN WAVE PERIOD.

Year SWL (ft.) Ho' (ft.) T (sec.) H b
(ft.) d b (ft.) R (ft.) TWL (ft. NAVD88)
2022 9.9 9.3 16 15.5 16.2 27.6 37.5
2072 11.7 10.9 16 17.3 18.2 32.8 44.5
SECTION A, METHOD: USER SPECIFIED DEEP WATER WAVE HEGIHT. WAVE HEIGHTS FROM SWAN ANALYIS.

Year SWL (ft.) Ho' (ft.) T (sec.) H b
(ft.) d b (ft.) R (ft.) TWL (ft. NAVD88)

9.9 4.8 16 11.0 7.5 14.1 24

9.9 6.2 16 13.2 9.1 19.1 29

9.9 7.0 16 14.4 9.9 22.2 32.1

11.7 4.8 16 11.0 8.3 13.5 25.2

11.7 6.2 16 13.2 9.1 20.1 31.8

11.7 7.0 16 14.4 9.9 23.2 34.9

SECTION A, SUMMARY OF WAVE FORCE ANALYSIS
Year Method SWL (ft.) Loading
Miniken SPM 9.9 992 psf
Broken Waves SPM 9.9 518 psf
Breaking Wave FEMA 9.9 961 lb/ft
Miniken SPM 11.7 1661 psf
Broken Waves SPM 11.7 582 psf
Breaking Wave FEMA 11.7 3645 lb/ft
2022
2072
2072
2022
PGCC 5-17-23

PGCC 5-17-23

PGCC 5-17-23

PGCC 5-17-23

PGCC 5-17-23

WAVE FORCE RESULTS SUMMARY

LOVERS POINT PIER
Date: October 2022
Job #: M11897
By: AK
Broken Waves - Wall Seaward of Stillwater Line
Notes:
1) Analysis is based on Chapter 7.III.4.a/b pg. 7-192 of Shore Protection Manual Volume II by Army Corps of Engineers (1984) 2) T, Hb, and db taken from WRUP
Description of Terms:

P m (psf) Maximum dynamic pressure
H b (ft.) Breaking wave height
d s (ft.) Depth at the toe of the structure
d b (ft.) Depth of breaking wave
D (ft.) Depth one wavelength in front of the wall
T (sec.) Wave period
L d (ft.) Wave length in water of depth D
R m (lb/ft) Force represented by the area under the dynamic pressure distribution M m (ft-lb / ft) Moment resulting from the dynamic component of pressure R s (lb/ft) Hydrostatic component of breaking wave on a wall M s (ft-lb / ft) Hydrostatic moment
R t (lb/ft) Total breaking wave force on wall per unit wall length M t (ft-lb / ft) Total moment about the toe
w (pcf) Unit weight of water = 64 pcf
SECTION A, SWL = 9.9
TOW (ft.) 14.5
Toe Wall (ft.) 8
SWL (ft.) 9.9
d s (ft.) 1.9
g (ft./s 2
) 32.2
T (sec.) H b (ft.) d b (ft.) h c (ft) P m (psf) R m (lb/ft) M m (ft-lb / ft) R s (lb/ft) M s (ft-lb / ft) R t (lb/ft) M t (ft-lb / ft)
16* 15.5 16.2 12.1 518.4 6,267 49,795 6,263 29,207 12,530 79,002 16** 14.4 9.9 11.2 316.8 3,558 26,744 5,518 24,156 9,077 50,900 * WRUP Calculated maximm breaking waves height given wave period. ** User specified deepwater wave height. Wave hegiht from SWAN Analysis.

SECTION A, SWL = 11.7
TOW (ft.) 14.5
Toe Wall (ft.) 8
SWL (ft.) 11.7 `
d s (ft.) 3.7
g (ft./s 2) 32.2
T (sec.) H b (ft.) d b (ft.) h c (ft) P m (psf) R m (lb/ft) M m (ft-lb / ft) R s (lb/ft) M s (ft-lb / ft) R t (lb/ft) M t (ft-lb / ft)
16* 17.3 18.2 13.5 582.4 7,859 67,956 7,583 38,912 15,442 106,868 16** 14.4 9.9 11.2 316.8 3,558 26,744 5,518 24,156 9,077 50,900 * WRUP Calculated maximm breaking waves height given wave period. ** User specified deepwater wave height. Wave hegiht from SWAN Analysis.

PGCC 5-17-23

PGCC 5-17-23

WAVE FORCE RESULTS SUMMARY

LOVERS POINT PIER
Date: October 2022
Job #: M11897
By: AK
Section A Breaking Wave Forces on Vertical Wall Notes (SWL = 11.7 ft NAVD88):

Notes:
1) Analysis is based on Miniken Method (1955, 1963). Miniken method can give wave forces that are extremeley high (15 to 18 times those calculated for non breaking waves) 2) From Chapter 7 pg. 7-99 of Shore Protection Manual Volume II by Army Corps of Engineers (1984) Description of Terms:

P m (psf) Maximum dynamic pressure
H b (ft.) Breaking wave height
d s (ft.) Depth at the toe of the structure
d b (ft.) Depth of breaking wave
D (ft.) Depth one wavelength in front of the wall
T (sec.) Wave period
L d (ft.) Wave length in water of depth D
R m (lb/ft) Force represented by the area under the dynamic pressure distribution M m (ft-lb / ft) Moment resulting from the dynamic component of pressure R s (lb/ft) Hydrostatic component of breaking wave on a wall M s
(ft-lb / ft) Hydrostatic moment
R t (lb/ft) Total breaking wave force on wall per unit wall length M t
(ft-lb / ft) Total moment about the toe
w (pcf) Unit weight of water = 64 pcf
PGCC 5-17-23

SECTION A, SWL = 11.7, ds/D = 0.23, T = 16 sec
H b (ft.) P m (psf) R m (lb/ft) M m (ft-lb / ft) R s (lb/ft) M s (ft-lb / ft) R t (lb/ft) M t (ft-lb / ft) 2 192 128 474 707 1107 835 1581
4 384 512 1894 1040 1975 1552 3870
6 576 1152 4262 1436 3208 2588 7471
8 768 2048 7578 1897 4870 3945 12447
10 960 3200 11840 2422 7024 5622 18864
11 1056 3872 14326 2708 8306 6580 22632
12 1152 4608 17050 3011 9735 7619 26785
14 1344 6272 23206 3664 13067 9936 36274
16 1536 8192 30310 4380 17084 12572 47394

17.3 1660.8 9577 35436 4881 20092 14458 55528
18 1728 10368 38362 5161 21849 15529 60211
20 1920 12800 47360 6006 27428 18806 74788
PGCC 5-17-23

WAVE FORCE RESULTS SUMMARY

LOVERS POINT PIER
Date: October 2022
Job #: M11897
By: AK
Section A Breaking Wave Forces on Vertical Wall Notes (SWL = 9.9 ft NAVD88):

Notes:
1) Analysis is based on Miniken Method (1955, 1963). Miniken method can give wave forces that are extremeley high (15 to 18 times those calculated for non breaki 2) From Chapter 7 pg. 7-99 of Shore Protection Manual Volume II by Army Corps of Engineers (1984) Description of Terms:

P m (psf) Maximum dynamic pressure
H b (ft.) Breaking wave height
d s (ft.) Depth at the toe of the structure
d b (ft.) Depth of breaking wave
D (ft.) Depth one wavelength in front of the wall
T (sec.) Wave period
L d (ft.) Wave length in water of depth D
R m (lb/ft) Force represented by the area under the dynamic pressure distribution M m (ft-lb / ft) Moment resulting from the dynamic component of pressure R s (lb/ft) Hydrostatic component of breaking wave on a wall M s
(ft-lb / ft) Hydrostatic moment
R t (lb/ft) Total breaking wave force on wall per unit wall length M t
(ft-lb / ft) Total moment about the toe
w (pcf) Unit weight of water = 64 pcf
PGCC 5-17-23

SECTION A, SWL = 9.9, ds/D = 0.23, T = 16 sec
H b (ft.) P m (psf) R m (lb/ft) M m (ft-lb / ft) R s (lb/ft) M s (ft-lb / ft) R t (lb/ft) M t (ft-lb / ft) 2 128 85 162 269 260 354 422
4 256 341 649 487 633 828 1281
6 384 768 1459 768 1255 1536 2714
8 512 1365 2594 1114 2191 2479 4785
10 640 2133 4053 1524 3504 3657 7557
11 704 2581 4905 1752 4322 4334 9227
12 768 3072 5837 1997 5259 5069 11096
14 896 4181 7945 2535 7520 6716 15464

15.5 992 5125 9738 2980 9585 8105 19324
16 1024 5461 10377 3136 10350 8598 20726
18 1152 6912 13133 3802 13814 10714 26946
20 1280 8533 16213 4532 17975 13065 34188
PGCC 5-17-23

PGCC 5-17-23

WAVE FORCE RESULTS SUMMARY FROM FEMA CCM VII

LOVERS POINT PIER
Date: October 2022
Job #: M11897
By: AK
Breaking Wave Loads on Vertical Walls FEMA Coastal Construction Manual Chapter 8.5.8.2 Note: Below calcs are based on case 1 (enclosed dry space behind wall see equation 8.6 below) SECTION A, CP = 1.6, WRUP CALCULATED MAXIMUM BREAKING WAVE GIVEN WAVE PERIOD SWL (ft.) TOW (ft.) h (ft.) d s (ft.) f brkw (lb/ft)

11.7 14.5 6.5 3.7 3645

9.9 14.5 6.5 1.9 961
SECTION A, CP = 1.6, USER SPECIFIED WAVE HEIGHT, WAVE HEIGHT FROM SWAN ANALYSIS SWL (ft.) TOW (ft.) h (ft.) d s (ft.) f brkw (lb/ft)

11.7 14.5 6.5 3.7 3645

9.9 14.5 6.5 1.9 961
PGCC 5-17-23

APPENDIX C

RIP RAP REVETMENT EVALUATION AND BOULDER SIZING
PGCC 5-17-23

9.1 8.1

13.3 9.9

24.7 19.6

7.7 20.4

20.8 10.4 8.4 9.7 10.1 7.9

10.3 12.7 14.7

19.8 13.2 4.7

12.6 6.0

10.7 12.6

9.7 8.8

16.5 13.2

24.7 14.3

8.8 10.6 9.5

11.2 10.3

8.9 14.8

10.5 14.5

9.5 10.5

8.2 15.2

11.1 17.2

8.0 17.2

17.3 8.6

7.1 17.3

32.7 13.9 31.8

7.2 10.1

7.7 8.3 6.5

11.2 10.0 6.4

16.3 15.7

18.0 13.7

24.7 15.5

24.0 10.7

15.3 16.4

11.8 9.4

18.0 12.9 10.1

8.6 14.3

14.2 12.3

8.1 10.7

20.5 27.0

19.9 15.5

10.0 13.0

24.8 15.9

11.6 10.8

7.9 27.6

15.0 12.1

15.5 10.2 15.9 11.5

12.3 17.7

6.3 9.0

13.5 15.2

10.5 13.5 14.8

10.6 16.6 14.2

11.2 25.3

12.3 10.8

9.2 9.7 7.4

16.1 8.6

10.1 1 2 4 3 5 6
15 14 7 8 9
10 11
13 12
16 17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42 44 45
46 43
47 48 49 50
51 52 53 54
60 55 56
57 65
66 63
67 68
58 59
69 71
70 72
73 74
76 75
82 83 84
85 77
78 79
80 81
87 89
86 88 90
91 92
94 96 98
93 95 97
99 100
101
102
103
104
105
106
111
107
108
109
110
112 113
114
117
117
118
119
115 116
120
121
122
64 61
62 9.4
Date
Scale
Job
Drawn
MF
Sheet
REVISIONS BY HARO, KASUNICH AND ASSOCIATES, INC. CONSULTING CIVIL, GEOTECHNICAL & COASTAL ENGINEERS 116 EAST LAKE AVENUE WATSONVILLE, CA 95076 (831) 722-4175 HKA CALC SHEET - NOT PART OF PLAN SET LOVERS POINT PIER BAND-AID REPAIR CITY OF PACIFIC GROVE LOVERS POINT PARK APN 006-155-099, OCEAN VIEW BLVD., PACIFIC GROVE, CA 93950 10-20-2022

AS SHOWN

HKA CALC SHEET - NOT PART OF PLAN SET

AREAS IN SQ FT
1 inch = 5 ft.

FEET 0 5 10 15 D:\FOXX\Lovers Point Pier\2022-10-20 LOVERS POINT PIER REPAIR.dwg, 10/20/2022 4:18:04 PM PGCC 5-17-23

Lovers Point Rip Rap sample October 20, 2022
122 Boulders Measured Adjacent to
Boulder # Top View Area Ft2
Top View Radius2 Ft2
Top View Radius Ft *Volume Ft3Tons
68 32.7 10.4 3.2 105.5 8.7
67 31.8 10.1 3.2 101.2 8.3
38 27.6 8.8 3.0 81.8 6.7
118 27.0 8.6 2.9 79.2 6.5
91 25.3 8.1 2.8 71.8 5.9
59 24.8 7.9 2.8 69.7 5.7
16 24.7 7.9 2.8 69.3 5.7
104 24.7 7.9 2.8 69.3 5.7
99 24.0 7.6 2.8 66.3 5.5
9 20.8 6.6 2.6 53.5 4.4
1 20.4 6.5 2.5 52.0 4.3
120 19.9 6.3 2.5 50.1 4.1
28 19.8 6.3 2.5 49.7 4.1
6 19.6 6.2 2.5 49.0 4.0
97 18.0 5.7 2.4 43.1 3.6
117 18.0 5.7 2.4 43.1 3.6
76 17.7 5.6 2.4 42.0 3.5
57 17.3 5.5 2.3 40.6 3.3
58 17.3 5.5 2.3 40.6 3.3
27 17.2 5.5 2.3 40.2 3.3
30 17.2 5.5 2.3 40.2 3.3
96 16.6 5.3 2.3 38.2 3.1
18 16.5 5.3 2.3 37.8 3.1
102 16.4 5.2 2.3 37.5 3.1
93 16.3 5.2 2.3 37.1 3.1
69 16.1 5.1 2.3 36.4 3.0
33 15.9 5.1 2.2 35.8 3.0
80 15.9 5.1 2.2 35.8 3.0
95 15.7 5.0 2.2 35.1 2.9
81 15.5 4.9 2.2 34.4 2.8
105 15.5 4.9 2.2 34.4 2.8
121 15.5 4.9 2.2 34.4 2.8
101 15.3 4.9 2.2 33.8 2.8
54 15.2 4.8 2.2 33.4 2.8
72 15.2 4.8 2.2 33.4 2.8
39 15.0 4.8 2.2 32.8 2.7
48 14.8 4.7 2.2 32.1 2.7
85 14.8 4.7 2.2 32.1 2.7
32 14.7 4.7 2.2 31.8 2.6
53 14.5 4.6 2.1 31.2 2.6
41 14.3 4.6 2.1 30.5 2.5
113 14.3 4.6 2.1 30.5 2.5
PGCC 5-17-23

98 14.2 4.5 2.1 30.2 2.5
109 14.2 4.5 2.1 30.2 2.5
61 13.9 4.4 2.1 29.2 2.4
103 13.7 4.4 2.1 28.6 2.4
70 13.5 4.3 2.1 28.0 2.3
75 13.5 4.3 2.1 28.0 2.3 3 13.3 4.2 2.1 27.4 2.3
17 13.2 4.2 2.0 27.1 2.2
26 13.2 4.2 2.0 27.1 2.2
122 13.0 4.1 2.0 26.4 2.2
115 12.9 4.1 2.0 26.1 2.2
31 12.7 4.0 2.0 25.5 2.1
21 12.6 4.0 2.0 25.2 2.1
24 12.6 4.0 2.0 25.2 2.1
77 12.3 3.9 2.0 24.3 2.0
90 12.3 3.9 2.0 24.3 2.0
108 12.3 3.9 2.0 24.3 2.0
40 12.1 3.9 2.0 23.7 2.0
106 11.8 3.8 1.9 22.9 1.9
35 11.6 3.7 1.9 22.3 1.8
78 11.5 3.7 1.9 22.0 1.8
46 11.2 3.6 1.9 21.1 1.7
82 11.2 3.6 1.9 21.1 1.7
92 11.2 3.6 1.9 21.1 1.7
60 11.1 3.5 1.9 20.9 1.7
34 10.8 3.4 1.9 20.0 1.7
89 10.8 3.4 1.9 20.0 1.7
22 10.7 3.4 1.8 19.7 1.6
100 10.7 3.4 1.8 19.7 1.6
112 10.7 3.4 1.8 19.7 1.6
44 10.6 3.4 1.8 19.5 1.6
94 10.6 3.4 1.8 19.5 1.6
50 10.5 3.3 1.8 19.2 1.6
52 10.5 3.3 1.8 19.2 1.6
74 10.5 3.3 1.8 19.2 1.6
15 10.4 3.3 1.8 18.9 1.6
11 10.3 3.3 1.8 18.7 1.5
43 10.3 3.3 1.8 18.7 1.5
79 10.2 3.2 1.8 18.4 1.5
12 10.1 3.2 1.8 18.1 1.5
63 10.1 3.2 1.8 18.1 1.5
110 10.1 3.2 1.8 18.1 1.5
116 10.1 3.2 1.8 18.1 1.5
83 10.0 3.2 1.8 17.8 1.5
119 10.0 3.2 1.8 17.8 1.5 5 9.9 3.2 1.8 17.6 1.4
13 9.7 3.1 1.8 17.0 1.4
PGCC 5-17-23

20 9.7 3.1 1.8 17.0 1.4
86 9.7 3.1 1.8 17.0 1.4
45 9.5 3.0 1.7 16.5 1.4
49 9.5 3.0 1.7 16.5 1.4
7 9.4 3.0 1.7 16.3 1.3
111 9.4 3.0 1.7 16.3 1.3
87 9.2 2.9 1.7 15.7 1.3
2 9.1 2.9 1.7 15.5 1.3
71 9.0 2.9 1.7 15.2 1.3
47 8.9 2.8 1.7 15.0 1.2
19 8.8 2.8 1.7 14.7 1.2
42 8.8 2.8 1.7 14.7 1.2
37 8.6 2.7 1.7 14.2 1.2
55 8.6 2.7 1.7 14.2 1.2
114 8.6 2.7 1.7 14.2 1.2
14 8.4 2.7 1.6 13.7 1.1
64 8.3 2.6 1.6 13.5 1.1
51 8.2 2.6 1.6 13.2 1.1
4 8.1 2.6 1.6 13.0 1.1
107 8.1 2.6 1.6 13.0 1.1
29 8.0 2.5 1.6 12.8 1.1
10 7.9 2.5 1.6 12.5 1.0
36 7.9 2.5 1.6 12.5 1.0
8 7.7 2.5 1.6 12.1 1.0
66 7.7 2.5 1.6 12.1 1.0
88 7.4 2.4 1.5 11.4 0.9
62 7.2 2.3 1.5 10.9 0.9
56 7.1 2.3 1.5 10.7 0.9
65 6.5 2.1 1.4 9.3 0.8
84 6.4 2.0 1.4 9.1 0.8
73 6.3 2.0 1.4 8.9 0.7
23 6.0 1.9 1.4 8.3 0.7
25 4.7 1.5 1.2 5.7 0.5
ASSUMPTION (field check suggests this is reasonable)
* Volume (ft3)= plan view surface area of boulder (ft2)times radius (ft) boulders are typically placed lying flat; thinnest dimension is vertical PGCC 5-17-23

CATEGORIES
Weight Class # of Boulders in SampleWeight of Class % By Weight of Total Sample 8+ Tons 2 17 6%
5 to 7 Tons 7 42 14%
4 to 5 Tons 5 21 7%
3 to 4 Tons 14 46 16%
2 to 3 Tons 32 80 27%
1 to 2 Tons 54 81 28%

0.5 to 1 Ton 8 6 2%
Total 122 293
By Weight the Mean Boulder Size is about 2.75 Tons
By Number of Boulders Mean Boulder Size is about 2 Tons Note than many boulders less than 0.5 Tons were NOT included in sample PGCC 5-17-23

Rip-Rap Sizing and Stability
Lovers Point Pier Repair
Date: Oct 2022
Job #: M11897
By: AK
Stability of Rubble Structures
Notes:
1) Analysis is based on Chapter 7.III.7 pg. 7-202 of Shore Protection Manual Volume II by Army Corps of Engineers (1984) 2) H taken from WRUP
Description of Terms:

W (lb) Weight in pounds of an individual armor unit in the primary cover w r (pcf) Unite weight of armor units (limestone & granite =~165pcf) H (ft.) Design wave height (from WRUP analysis)
S r Specific weight of armor unit, relative to the water at the site (wr / ww) w w (pcf) Unit weight of water (seawater = 64 pcf)
θ ( ˚) Angle of structure slope measured from horizontal in degrees K D Stability coefficient (table 7-8)
SECTION A, Scour Profile
w r (pcf) 165.0
S r 2.6
w w (pcf) 64.0
θ ( ˚) 6.0 ~10H:1V
K D 2.0
Section A, Method: Calculate Maximum Breaking Wave Height Given Wave Period Reduced wave height to account for waves braking outside and rolling in as whitewater Year SWL (ft) H (ft.) W (lb) W (ton) Year SWL (ft) H (ft.) W (lb) W (ton) 2022 9.9 15.5 8,216 4.1 2022 9.9 8.463 1,337 0.7
2072 11.7 17.3 11,423 5.7 2072 11.7 9.4458 1,859 0.9
Section A, Method: User Specifeid Deep Water Wave Height: Wave Heights From Swan Analysis Year SWL (ft) H (ft.) W (lb) W (ton)
2022 9.9 14.4 6,588 3.3
2072 11.7 14.4 6,588 3.3
PGCC 5-17-23

APPENDIX D

COASTAL AND GEOTECHNICAL ENGINEERING FIELD EXPLORATION

FOR UPPER AND LOWER DECK
PGCC 5-17-23

DRILLED HOLE 1 (DH-1) “UPPER DECK” 4-5-2022
PGCC 5-17-23

DRILLED HOLE 2 “UPPER DECK” (DH-2) 4-5-2022
PGCC 5-17-23

DRILLED HOLE 2 “UPPER DECK” (DH-2) 4-5-2022
PGCC 5-17-23

COMPARING FINDINGS WITH OBSERVATIONS OF EXTERIOR
PGCC 5-17-23

DRILLED HOLE 3 (DH-3) “LOWER DECK” 4-6-2022
PGCC 5-17-23

CORE HOLE (CH-2) UPPER DECK 4-7-2022
PGCC 5-17-23

CORE HOLE 3 (CH-3) LOWER DECK
PGCC 5-17-23

CORE C-2-3 UPPER DECK DEPTH = 40 INCHES
PGCC 5-17-23

CORE C-2-4 UPPER DECK DEPTH = 67.5 INCHES
PGCC 5-17-23

CORE C-2-5 UPPER DECK DEPTH = 40 INCHES
PGCC 5-17-23

CORE C-2-6 UPPER DECK DEPTH = 75 INCHES
PGCC 5-17-23

CORE C-2-7 UPPER DECK DEPTH 89 INCHES
PGCC 5-17-23

CORE C-3-2 LOWER DECK DEPTH = 22 INCHES
PGCC 5-17-23

CORE C-3-3 LOWER DECK DEPTH = 38 INCHES
PGCC 5-17-23

CORE C-3-4 LOWER DECK DEPTH = 45 INCHES
PGCC 5-17-23

CORE C-3-5 LOWER DECK DEPTH = 52 INCHES
PGCC 5-17-23

CORE C-3-7 LOWER DECK DEPTH = 59 INCHES
PGCC 5-17-23

CORE C-3-8 LOWER DECK DEPTH = 83 INCHES
PGCC 5-17-23

Clients Project No:

Design Strength (psi):

1.44 1.63

2.87 3110
2 Average Compressive Strength (psi): 3110
Cross-Sectional Area (in2):

Length (in):

Total Load (lbs.):

Compressive Strength (psi):

Type of Break (C39 - Fig. 2):

Date Tested:

Time Tested:

Age at Test (days):

Ave. Diameter (in.):
5,070
10:01 AM
5 Sulfur Caps - C617
Test Date : 4/11/2022
Cored By:

Sample C-21: Diameter is 1.44", Uncut length is 4.01", no cutes grooves or voids in core.

N/A
4/12/2022
Cored Date: Notes:

Sampling Method Used:

Sample No:

COMPRESSIVE STRENGTH
Lovers Point Pier
Project No: 16129.26
Project:

ASTM C39
Sample Set No: C-21 Sample Type: 1" cylinder
HKA
Cylinder Capping Method Used:
4/7/2022
Date:

Client:

ASTM C42
HKA
Sample Location/Notes Lovers Point Pier - C21
April 11, 2022
11897.1 Material Type:

Chris Johnson - Supervising Engineer
Pacific Crest Engineering.

Tested By - Brian Apolinario Date Issued
Results relate only to the items inspected or tested. This report shall not be reproduced, except in full, without the proper written approval of The above samples and tests performed are in compliance with the approved project plans and specifications.

Worksheet: W22 Page 1 of 1 Rev. 1120
4/12/22
PGCC 5-17-23

Clients Project No:

Design Strength (psi):

ASTM C42
Chris Johnson - Supervising Engineer
Pacific Crest Engineering.

Tested By - Brian Apolinario Date Issued
Results relate only to the items inspected or tested. This report shall not be reproduced, except in full, without the proper written approval of The above samples and tests performed are in compliance with the approved project plans and specifications.

HKA
Sample Location/Notes Lovers Point Pier - C21
Sample No: 1
Cylinder Capping Method Used:
4/7/2022
Sampling Method Used:

COMPRESSIVE STRENGTH
Lovers Point Pier
Project No: 16129.26
Project:

ASTM C39
Date: April 11, 2022
Client:

Sample Set No: C-22 Sample Type: 1" cylinder
HKA
11897.1 Material Type: Masonry
Time Tested: 10:01 AM
5 Sulfur Caps - C617
Test Date : 4/12/2022
Cored By:

Sample C-22: Diameter is 1.45", Uncut Length is 6.34",sample has some large aggregate within it. No voids.

N/A
4/12/2022
Cored Date: Notes:

Date Tested:

Age at Test (days):

Ave. Diameter (in.):
7370
2 Average Compressive Strength (psi): 7370
Cross-Sectional Area (in2):

Length (in):

Total Load (lbs.):

Compressive Strength (psi):

Type of Break (C39 - Fig. 2):
12,170

1.45 1.65

2.82 Worksheet: W22 Page 1 of 1 Rev. 1120
4/14/22
PGCC 5-17-23

PGCC 5-17-23

PGCC 5-17-23

PGCC 5-17-23

PGCC 5-17-23

Clients Project No:

Design Strength (psi):

ASTM C42
Chris Johnson - Supervising Engineer
Pacific Crest Engineering.

Tested By - Brian Apolinario Date Issued
Results relate only to the items inspected or tested. This report shall not be reproduced, except in full, without the proper written approval of The above samples and tests performed are in compliance with the approved project plans and specifications.

HKA
Sample Location/Notes Lovers Point Pier - C21
Sample No: 1
Cylinder Capping Method Used:
4/7/2022
Sampling Method Used:

COMPRESSIVE STRENGTH
Lovers Point Pier
Project No: 16129.26
Project:

ASTM C39
Date: April 11, 2022
Client:

Sample Set No: C-31 Sample Type: 1" cylinder
HKA
11897.1 Material Type: Masonry
Time Tested: 10:01 AM
5 Sulfur Caps - C617
Test Date : 4/13/2022
Cored By:

Sample C-31: Diameter 1.37", Uncut Length 9.54", 3/8" - 1/2" Agg. Present. Sample to be cut 2.74" from top
N/A
4/13/2022
Cored Date: Notes:

Date Tested:

Age at Test (days):

Ave. Diameter (in.):
3190
3 Average Compressive Strength (psi): 3190
Cross-Sectional Area (in2):

Length (in):

Total Load (lbs.):

Compressive Strength (psi):

Type of Break (C39 - Fig. 2):
4,700

1.37 1.47

2.82 Worksheet: W22 Page 1 of 1 Rev. 1120
4/14/22
PGCC 5-17-23

PGCC 5-17-23

PGCC 5-17-23

PGCC 5-17-23

PGCC 5-17-23

Clients Project No:

Design Strength (psi):

ASTM C42
Chris Johnson - Supervising Engineer
Pacific Crest Engineering.

Tested By - Brian Apolinario Date Issued
Results relate only to the items inspected or tested. This report shall not be reproduced, except in full, without the proper written approval of The above samples and tests performed are in compliance with the approved project plans and specifications.

HKA
Sample Location/Notes Lovers Point Pier - C21
Sample No: 1
Cylinder Capping Method Used:
4/7/2022
Sampling Method Used:

COMPRESSIVE STRENGTH
Lovers Point Pier
Project No: 16129.26
Project:

ASTM C39
Date: April 11, 2022
Client:

Sample Set No: C-36 Sample Type: 1" cylinder
HKA
11897.1 Material Type: Masonry
Time Tested: 10:01 AM
5 Sulfur Caps - C617
Test Date : 4/13/2022
Cored By:

Sample C-36: Diameter 1.44", Uncut Length 7.31", Various 3/8" - 3/4" Agg. Present. Some Voids.

N/A
4/13/2022
Cored Date: Notes:

Date Tested:

Age at Test (days):

Ave. Diameter (in.):
4370
3 Average Compressive Strength (psi): 4370
Cross-Sectional Area (in2):

Length (in):

Total Load (lbs.):

Compressive Strength (psi):

Type of Break (C39 - Fig. 2):
7,120

1.44 1.63

2.83 Worksheet: W22 Page 1 of 1 Rev. 1120
4/14/22
PGCC 5-17-23

PGCC 5-17-23

PGCC 5-17-23

PGCC 5-17-23

PGCC 5-17-23

HARO, KASUNICH & ASSOCIATES, INC.

GEOTECHNICAL AND COASTAL ENGINEERS
116 E. LAKE AVENUE, WATSONVILLE, CA 95076
(831) 722-4175
SCALE:

DATE:

DRAWN BY:

REVISED: JOB NO. SHEET NO.

OCT 2022
M11897
Pacific Grove
Monterey County
Lovers Point Pier
SCALE: DRAWN BY: AK
FIGURE NO. D-1

DRILLING SITE PLAN
NTS
NOTES:

1. BASE MAP FROM GOOGLE EARTH 2020
KEY: = CORING LOCATION
C-#
C-2 C-3
= DRILLING LOCATION
D-#
D-1
D-2
D-3
PGCC 5-17-23

PRIMARY DIVISIONS SECONDARY DIVISIONS GWGP GMGCSWSPSMSCML CL OL MHCHOHPt GROUP SYMBOL GRAVEL SAND SILTS AND CLAYES SILTS AND CLAYES HIGHLY ORGANIC SOILSCLEAN GRAVELS (LESS THAN 5% FINES) GRAVEL WITH FINES CLEAN SANDS (LESS THAN 5% FINES) SANDS WITH FINES MORE THAN HALF OF COARSE FRACTION IS LARGER THAN NO. 4 SIEVE MORE THAN HALF OF COARSE FRACTION IS SMALLER THAN NO. 4 SIEVE WELL GRADED GRAVELS, GRAVEL-SAND MIXTURES, LITTLE OR NO FINES. POORLY GRADED GRAVELS OR GRAVEL-SAND MIXTURES, LITTLE OR NO SILTY GRAVELS, GRAVEL-SAND-SILT MIXTURES, NON-PLASTIC FINES CLAYEY GRAVELS, GRAVEL-SAND-CLAY MIXTURES, PLASTIC FINES. WELL GRADED SANDS, GRAVELLY SANDS, LITTLE OR NO FINES. POORLY GRADED SANDS OR GRAVELLY SANDS, LITTLE OR NO FINES. SILTY SANDS, SAND-SILT MIXTYRES, NON-PLASTIC FINES. CLAYEY SANDS, SAND-CLAY MIXTYRES, PLASTIC FINES. INORGANIC SILTS AND VERY FINE SANDS, ROCK FLOUR, SILTY OR CLAYEY INORGANIC CLAYS OF LOW TO MEDIUM PLASTICITY, GRAVELLY CLAYS, FINE SANDS OR CLAYEY SILTS WITH SLIGHT PLASTICITY. SANDY CLAYS, SILTY CLAYS, LEAN CLAYS. ORGANIC SILTS AND ORGANIC SILTY CLAYS OF LOW PLASTICITY. INORGANIC SILTS, MICACEOUS OR DIATOMACEOUS FINE SANDY OR SILTY SOILS, ELASTIC SILTS. INORGANIC CLAYS OF HIGH PLASTICITY, FAT CLAYS. ORGANIC CLAYS OF MEDIUM TO HIGH PLASTICITY, ORGANIC SILTS. PEAT AND OTHER HIGHLY ORGANIC SOILS. FINES. LIQUID LIMIT LESS THAN 50% LIQUID LIMIT GREATER THAN 50%

MORE THAN HALF OF MATERIAL IS
LARGER THAN NO. 200 SIEVE SIZE

COARSE GRADED SOILS FINE GRADED SOILS

MORE THAN HALF OF

MATERIAL IS SMALLER THAN
NO. 200 SIEVE SIZE U.S. STANDARD SERIES SIEVE GRAIN SIZES CLEAR SQUARE SIEVE OPENINGS 200 40 10 4 3/4" 2" 12" SAND GRAVEL SILTS AND CLAYS FINE MEDIUM COARSE FINE COARSE COBBLES BOULDERS RELATIVE DENSITY CONSISTENCY SAMPLING METHOD WATER SANDS AND GRAVELS BLOWS PER FOOT* SILTS AND CLAYS STRENGTH (TSF)** BLOWS PER FOOT* STANDARD PENETRATION TEST MODIFIED CALIFORNIA PITCHER BARREL SHELBY TUBE BULK VERY LOOSE LOOSE MEDIUM DENSE DENSE VERY DENSE 0 - 4 4 - 10 10 - 30 30 - 50 OVER 50 VERY SOFT SOFT FIRM STIFF VERY STIFF HARD 0 - 1/4 1/4 - 1/2 1/2 - 1 1 - 2 2 - 4 OVER 4 0 - 2 2 - 4 4 - 8 8 - 16 16 - 32 OVER 32 BSPMCT FINAL INITIAL WATER LEVEL DESIGNATION FIGURE NO. D-2KEY TO LOGS NTS HARO, KASUNICH & ASSOCIATES, INC. GEOTECHNICAL AND COASTAL ENGINEERS 116 E. LAKE AVENUE, WATSONVILLE, CA 95076 (831) 722-4175 SCALE: DATE: DRAWN BY: REVISED: JOB NO. SHEET NO. OCT 2022 M11897 Pacific Grove Monterey County Lovers Point Pier SCALE: DRAWN BY: AK PGCC 5-17-23

Concrete 1/4" to 1/2" angular gravels, good
matrix with hard cementitious material,
solid concrete
Same as above but weaker
Concrete with granite gabion or riprap, poor
matrix, weak or punky cementitious material
Hard granite riprap or bedrock
Bottom of borehole at 7.5 feet.

C-2-1
C-2-2
C-2-3
C-2-4
C-2-5
C-2-6
C-2-7
NOTES
GROUND ELEVATION 14 ft

LOGGED BY TA
DRILLING METHOD Coring
HOLE SIZE 2"
DRILLING CONTRACTOR HKA GROUND WATER LEVELS:

CHECKED BY MC
DATE STARTED 4/7/22 COMPLETED 4/7/22
AT TIME OF DRILLING --- AT END OF DRILLING --- AFTER DRILLING --- DEPTH (ft)

0.0 2.5

5.0 7.5 GRAPHIC LOG

MATERIAL DESCRIPTION SAMPLE TYPE NUMBER PLASTIC LIMIT LIQUID SAND LIMIT % GRAVEL % DRY UNIT WT. (pcf) MOISTURE CONTENT (%) COHESION (psf)

ATTERBERG
LIMITS
SIEVE
ANALYSIS Phi USCS (deg) PLASTICITY FINES INDEX
%
CORING NUMBER C-2
Figure No.: 3
PROJECT NAME Lovers Point Pier Interim Repair
PROJECT LOCATION Pacific Grove, California
CLIENT City of Pacific Grove
PROJECT NUMBER M11897
GEOTECH BH COLUMNS - GINT STD US.GDT - 10/28/22 16:30 - H:\PROJECTS\11000S\11897 FOLDER, LOVERS POINT PIER FAILURE, CITY OF PACIFIC GROVE PUBLIC WORKS DEPT\APPENDIX\11897 BLOGS FINAL 10-28-22, FIG 3 - 7.GPJ Haro, Kasunich and Associates, Inc.

COMPRESSIVE

STRENGTH
(psi)
3,110
7,370
PGCC 5-17-23

Concrete, 1/4" to 1/2" angular gravel fair, matrix,
some voids, fair to poor cementitious material,
"solid concrete"
Same as above but weaker
(GP) Granite riprap or gabion size rock
Concrete, 1/4" to 3/4" angular gravel, fair matrix,
fair cementitious material
Concrete bonded to gabion or riprap size
granite, good concrete matrix, 1/4" to 3/4"
gravel, hard cementitious material
Concrete, 1/4" to 3/4" angular gravel, fair matrix,
some voids, fair cementitious material
Cement bonded to granite gabion or riprap, fair
matrix, fair cementitious material
Native granite bedrock formation
Bottom of borehole at 7.5 feet.

C-3-1
C-3-2
C-3-3
C-3-4
C-3-5
C-3-6
C-3-7
C-3-8
GP
NOTES
GROUND ELEVATION 8 ft

LOGGED BY TA
DRILLING METHOD Coring
HOLE SIZE 2"
DRILLING CONTRACTOR HKA GROUND WATER LEVELS:

CHECKED BY MC
DATE STARTED 4/7/22 COMPLETED 4/7/22
AT TIME OF DRILLING --- AT END OF DRILLING --- AFTER DRILLING --- DEPTH (ft)

0.0 2.5

5.0 7.5 GRAPHIC LOG

MATERIAL DESCRIPTION SAMPLE TYPE NUMBER PLASTIC LIMIT LIQUID SAND LIMIT % GRAVEL % DRY UNIT WT. (pcf) MOISTURE CONTENT (%) COHESION (psf)

ATTERBERG
LIMITS
SIEVE
ANALYSIS Phi USCS (deg) PLASTICITY FINES INDEX
%
CORING NUMBER C-3
Figure No.: 4
PROJECT NAME Lovers Point Pier Interim Repair
PROJECT LOCATION Pacific Grove, California
CLIENT City of Pacific Grove
PROJECT NUMBER M11897
GEOTECH BH COLUMNS - GINT STD US.GDT - 10/28/22 16:30 - H:\PROJECTS\11000S\11897 FOLDER, LOVERS POINT PIER FAILURE, CITY OF PACIFIC GROVE PUBLIC WORKS DEPT\APPENDIX\11897 BLOGS FINAL 10-28-22, FIG 3 - 7.GPJ Haro, Kasunich and Associates, Inc.

COMPRESSIVE

STRENGTH
(psi)
3,190
4,370
PGCC 5-17-23

Grey, cement, sand, gravel, fine to coarse grain,
quartz "concrete"
(SW) White sand, fine to coarse grain, quartz,
granite pieces, "granite and concrete," easier
drilling
Concrete and grainte rubble, harder drilling
Hard granite riprap or bedrock
Bottom of borehole at 9.5 feet.

SW
NOTES
GROUND ELEVATION 14 ft

LOGGED BY TA
DRILLING METHOD Percussion Drilling
HOLE SIZE 2"
DRILLING CONTRACTOR Sunstone Construction GROUND WATER LEVELS:

CHECKED BY MC
DATE STARTED 4/5/22 COMPLETED 4/5/22
AT TIME OF DRILLING --- AT END OF DRILLING --- AFTER DRILLING --- DEPTH (ft)

0.0 2.5

5.0 7.5 GRAPHIC LOG

MATERIAL DESCRIPTION SAMPLE TYPE NUMBER PLASTIC LIMIT LIQUID SAND LIMIT % GRAVEL % DRY UNIT WT. (pcf) MOISTURE CONTENT (%) COHESION (psf)

ATTERBERG
LIMITS
SIEVE
ANALYSIS Phi USCS (deg) PLASTICITY FINES INDEX
%
BORING NUMBER DH-1
Figure No.: 5
PROJECT NAME Lovers Point Pier Interim Repair
PROJECT LOCATION Pacific Grove, California
CLIENT City of Pacific Grove
PROJECT NUMBER M11897
GEOTECH BH COLUMNS - GINT STD US.GDT - 10/28/22 16:30 - H:\PROJECTS\11000S\11897 FOLDER, LOVERS POINT PIER FAILURE, CITY OF PACIFIC GROVE PUBLIC WORKS DEPT\APPENDIX\11897 BLOGS FINAL 10-28-22, FIG 3 - 7.GPJ Haro, Kasunich and Associates, Inc.

COMPRESSIVE

STRENGTH
(psi)
PGCC 5-17-23

Grey sand, gravel, cement, quartz " concrete"
White and grey sand, fine to coarse grain,
quartz and gravel, concrete and granite riprap or
gabion rock, easier drilling
Grey white sand, quartz, fine to coarse grain,
"concrete and riprap or gabion rock," harder
drilling
Grey coarse sand, quartz, feldspar, mica, native
granite bedrock or riprap
Bottom of borehole at 11.0 feet.

NOTES
GROUND ELEVATION 14 ft

LOGGED BY TA
DRILLING METHOD Percussion Drilling
HOLE SIZE 2"
DRILLING CONTRACTOR Sunstone Construction GROUND WATER LEVELS:

CHECKED BY MC
DATE STARTED 4/5/22 COMPLETED 4/5/22
AT TIME OF DRILLING --- AT END OF DRILLING --- AFTER DRILLING --- DEPTH (ft)

0.0 2.5

5.0 7.5

10.0 GRAPHIC LOG

MATERIAL DESCRIPTION SAMPLE TYPE NUMBER PLASTIC LIMIT LIQUID SAND LIMIT % GRAVEL % DRY UNIT WT. (pcf) MOISTURE CONTENT (%) COHESION (psf)

ATTERBERG
LIMITS
SIEVE
ANALYSIS Phi USCS (deg) PLASTICITY FINES INDEX
%
BORING NUMBER DH-2
Figure No.: 6
PROJECT NAME Lovers Point Pier Interim Repair
PROJECT LOCATION Pacific Grove, California
CLIENT City of Pacific Grove
PROJECT NUMBER M11897
GEOTECH BH COLUMNS - GINT STD US.GDT - 10/28/22 16:30 - H:\PROJECTS\11000S\11897 FOLDER, LOVERS POINT PIER FAILURE, CITY OF PACIFIC GROVE PUBLIC WORKS DEPT\APPENDIX\11897 BLOGS FINAL 10-28-22, FIG 3 - 7.GPJ Haro, Kasunich and Associates, Inc.

COMPRESSIVE

STRENGTH
(psi)
PGCC 5-17-23

Grey sand, cement and gravel, fine to coarse
grain "concrete"
Grey white sand, gravel, quartz cement, fine to
coarse grain, concrete and granite riprap or
gabion rock, easier drilling
Grey white sand, gravel, quartz cement, fine to
coarse grain, concrete and granite riprap or
gabion rock, harder drilling
Grey and white and black, sand fine to coarse
grain, quartz, mica, feldspar, native granite
bedrock
Bottom of borehole at 9.0 feet.

NOTES
GROUND ELEVATION 8 ft

LOGGED BY TA
DRILLING METHOD Percussion Drilling
HOLE SIZE 2"
DRILLING CONTRACTOR Sunstone Construction GROUND WATER LEVELS:

CHECKED BY MC
DATE STARTED 4/6/22 COMPLETED 4/6/22
AT TIME OF DRILLING --- AT END OF DRILLING --- AFTER DRILLING --- DEPTH (ft)

0.0 2.5

5.0 7.5 GRAPHIC LOG

MATERIAL DESCRIPTION SAMPLE TYPE NUMBER PLASTIC LIMIT LIQUID SAND LIMIT % GRAVEL % DRY UNIT WT. (pcf) MOISTURE CONTENT (%) COHESION (psf)

ATTERBERG
LIMITS
SIEVE
ANALYSIS Phi USCS (deg) PLASTICITY FINES INDEX
%
BORING NUMBER DH-3
Figure No.: 7
PROJECT NAME Lovers Point Pier Interim Repair
PROJECT LOCATION Pacific Grove, California
CLIENT City of Pacific Grove
PROJECT NUMBER M11897
GEOTECH BH COLUMNS - GINT STD US.GDT - 10/28/22 16:30 - H:\PROJECTS\11000S\11897 FOLDER, LOVERS POINT PIER FAILURE, CITY OF PACIFIC GROVE PUBLIC WORKS DEPT\APPENDIX\11897 BLOGS FINAL 10-28-22, FIG 3 - 7.GPJ Haro, Kasunich and Associates, Inc.

COMPRESSIVE

STRENGTH
(psi)
PGCC 5-17-23