CITY COUNCIL
CLOSED SESSION MEETING AGENDA
Wednesday, July 19, 2023, 5:00 P.M.
Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).
PLEASE NOTE THE MEETING WILL PROCEED AS NORMAL EVEN IF THERE ARE TECHNICAL DIFFICULTIES ACCESSING ZOOM.
THE CITY WILL DO ITS BEST TO RESOLVE ANY TECHNICAL ISSUES AS QUICKLY AS POSSIBLE.
THE PUBLIC MAY ALSO VIEW THE MEETING ON PENINSULA CHANNEL 25.
Join the Zoom Meeting to participate live at:
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To participate telephonically, call any number below:
877 853 5247 (Toll Free)
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669 900 9128
699-219-2599
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AGENDA
CALL TO ORDER
APPROVAL OF AGENDA
CLOSED SESSION
PUBLIC COMMENT ON CLOSED SESSION MATTERS
Comments from the public will not receive Council action. Comments must deal with matters on the Closed Session agenda and will be limited to three minutes
A. Public Employment, (Government Code § 54957)
Title: City Manager Performance Evaluation
B. Pursuant to Government Code Section 54957
PGCC 7-19-23
B. Pursuant to Government Code Section 54957
Public Employee Appointment
Title: Assistant City Attorney
ADJOURNMENT
PGCC 7-19-23
CITY COUNCIL
REGULAR MEETING AGENDA
Wednesday, July 19, 2023, 6:00 P.M.
Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA The Council will not begin consideration of any item on this agenda later than 10:00 p.m. unless such consideration is approved. Any items on this agenda not considered this evening will be continued to a future meeting.
Copies of the agenda packet are available for review at the Pacific Grove Library, in the Finance Department, and electronically at www.cityofpacificgrove.org/agendas. The most effective method of communication with the City Council is by sending an email to [email protected]. In order to allow the City Council adequate time to review communication related to an agenda item, it is recommended that the communication be sent no later than 9:00 AM on the day prior to the City Council meeting.
THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).
PLEASE NOTE THE MEETING WILL PROCEED AS NORMAL EVEN IF THERE ARE TECHNICAL DIFFICULTIES ACCESSING ZOOM.
THE CITY WILL DO ITS BEST TO RESOLVE ANY TECHNICAL ISSUES AS QUICKLY AS POSSIBLE.
THE PUBLIC MAY ALSO VIEW THE MEETING ON PENINSULA CHANNEL 25.
JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://us02web.zoom.us/j/209579290
To participate telephonically, call any number below:
888 788 0099 US (Toll-free)
877 853 5247 US (Toll-free)
669 900 9128
669 219 2599
Webinar ID: 209 579 290#
If prompted to enter a participant ID, press #.
Help Line 831-648-3128
MEETING INSTRUCTIONS
The public may also view the meeting on the Peninsula Channel 25.
AGENDA
PGCC 7-19-23
AGENDA
CALL TO ORDER
PLEDGE OF ALLEGIANCE: Councilmember McDonnell
1. APPROVAL OF AGENDA
2. PRESENTATIONS
3. COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only) A. Report on Closed Session by City Attorney
B. Other
4. GENERAL PUBLIC COMMENT
General Public Comment must deal with matters subject to the jurisdiction of the City and the Council that are not on the Regular Agenda. This is the appropriate place to comment as to items on the Consent Agenda, only if you do not wish to have the item pulled for individual consideration by the Council.
Comments from the public will be limited to three minutes and will not receive Council action. Comments regarding items on the Regular Agenda shall be heard prior to Council’s consideration of such items at the time such items are called. Whenever possible, written correspondence should be submitted to the Council in advance of the meeting, to provide adequate time for its consideration.
A. Written General Public Comment
CONSENT AGENDA
The Consent Agenda deals with routine and non-controversial matters, and may include action on resolutions, ordinances, or other public hearings for which testimony is not anticipated. The vote on the Consent Agenda shall apply to each item that has not been removed. Any member of Council, staff, or the public may remove an item from the Consent Agenda for individual consideration. When items are pulled for discussion, they will be automatically placed at the end of their respective section within the Regular Agenda. One motion shall be made to adopt all non-removed items on the Consent Agenda.
5. APPROVAL OF CITY COUNCIL MEETING MINUTES
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business A. Minutes of the June 21, 2023 Closed Session and Regular Agenda Meetings Reference: Sandra Kandell, City Clerk PAGE 10
Recommended Action: Approve minutes.
PGCC 7-19-23
Recommended Action: Approve minutes.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
6. RESOLUTIONS
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business
7. ORDINANCES
Items pulled from this section will be placed under 11. Public Hearings
8. REPORTS – INFORMATION ONLY
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business
A. June 2023 Check Register PAGE 20
Reference: Audrey Cray, Finance & Risk Manager
Recommended Action:
1. Receive the Check Register.
2. Alternatively, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. June 2023 Core Revenue Report PAGE 68
Reference: Audrey Cray, Finance & Risk Manager
Recommended Action:
1. Receive the report.
2. Alternatively, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. City Council Goals Quarterly Update PAGE 71
Reference: Ben Harvey, City Manager
Recommended Action: Receive the report.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
D. Monterey One Water Board of Directors Mid-Year Highlights 2023 PAGE 77 Reference: Nick Smith, Mayor Pro Tem
Recommended Action: Receive highlights.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
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E. Monterey-Salinas Transit Minutes: June 12, 2023 PAGE 82 Reference: Joe Amelio, Councilmember
Recommended Action: Receive minutes.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
9. REPORTS – REQUIRING ACTION
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business A. Amended Agreement with HdL Companies for Sales Tax, Business Licenses, and TOT Collection and Compliance Services PAGE 90
Reference: Lori Frati, Management Analyst
Recommended Action: 1. Authorize the Mayor to amend the existing agreement with HdL companies for a 1-year extension to June 30, 2024 (renewable for an additional 1 year thereafter) in the amount not to exceed $60,000 for the following:
Sales, Use and Transactions Tax Auditing and Information Services; Business License Tax Operations and Compliance Services; Transient Occupancy Tax Operations Management Services; and
2. Alternatively, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
10. MEETING MINUTES OF COMMISSIONS, BOARDS, AND COMMITTEES Items pulled from this section will be placed under 13. New Business A. Architectural Review Board Minutes: June 13, 2023 PAGE 143 Reference: Laurel O'Halloran, Planner
Recommended Action: Receive minutes.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Library Advisory Board Minutes: May 8, 2023 PAGE 149 Reference: Diana Godwin, Library Director
Recommended Action: Receive minutes.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
REGULAR AGENDA
11. PUBLIC HEARINGS
PGCC 7-19-23
11. PUBLIC HEARINGS
For public hearings involving a quasi-judicial determination by the Council, the proponent of an item may be given 10 minutes to speak and others in support of the proponent’s position may be given three minutes each. A designated spokesperson for opposition to the item may be given 10 minutes to speak and all others in opposition may be given three minutes each. Very brief rebuttal and surrebuttal may be allowed in the sole discretion of the Council. In public hearings not involving a quasi-judicial determination by the Council, all persons may be given three minutes to speak on the matter.
A. First reading amending ordinance 23-008, City Salary Classification Schedule (POA) Reference: Leticia Livian, Human Resources Director PAGE 153 Recommended Action:
1. Request the City Attorney read the title of the ordinance;
2. Motion to waive further reading of the ordinance;
Introduce and hold a first reading of an ordinance to amend the salary classification schedule to modify the salary range for Police Officer and Police Sergeant and approve the amendment; and
3. Direct that a summary of a proposed ordinance be published as approved by the City Attorney.
4. CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Accessory Dwelling Unit (ADU) Ordinance Amendment This item was continued from the Council's July 5, 2023 meeting. PAGE 157
Reference: Dara Sanders, Contract Planner and Anastacia Wyatt, Community Development Director
Recommended Action:
1. Request the City Attorney read the title of the ordinance;
2. Motion to waive further reading of the ordinance;
Introduce and hold first reading of an ordinance amending Municipal Code Section Chapter 23.80 Accessory Dwelling Units approving the proposed zoning text amendment; and
3. Direct the publication of the ordinance will be satisfied by publication of a summary approved by the City Attorney.
4. CEQA: Statutory Exemption, CEQA Guidelines 15282(h) - Adoption Regarding Second Units in a Single or Multi Family Residential Zone
12. UNFINISHED AND ONGOING BUSINESS
A. Requests for Proposals for a Coastal Wildlife Protection Program This item was continued from the Council's July 5, 2023 meeting. PAGE 183 Reference: Dara Sanders, Contract Planner and Ben Harvey, City Manager Recommended Action:
1. Approved the draft Requests for Proposals for finalization and publication.
2. Alternatively, discuss and take other action on this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines PGCC 7-19-23
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Small Business Recovery Action Plan This item was continued from the Council's July 5, 2023 meeting. PAGE 194
Reference: Ben Harvey, City Manager
Recommended Action:
Receive the attached recommended implementation plan, and provide staff with direction for action items of interest.
1. 2. Alternatively, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. Energy Savings Assessment & Resiliency This item was continued from the Council's July 5, 2023 meeting. PAGE 209
Reference: Chaps Poduri, Councilmember
Recommended Action:
Adopt a Resolution Authorizing the City Manager to Direct Engie Services U.S. to Perform an Integrated Energy Savings Assessment of City-Owned Building for Potential Solar Photovoltaic System Implementation, and Grant Fund Sourcing.
1. 2. Alternatively, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
D. City Public Information and Community Engagement through Social Media This item was continued from the Council's July 5, 2023 meeting.
Reference: Ben Harvey, City Manager PAGE 212
Recommended Action:
Receive the report, and provide direction to City staff regarding the City Public Information and Community Engagement through Social Media effort.
1. 2. Alternatively, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
E. League of California Cities (LoCC) Annual Conference Voting Delegate and Alternate(s) This item was continued from the Council's July 5, 2023 meeting.
Reference: Sandra Kandell, City Clerk PAGE 223
Recommended Action:
Discuss, designate, and adopt by resolution a voting delegate and up two alternates to represent the City on policy matters at the League of California Cities (LoCC) Annual Conference on September 20-22.
1. 2. Alternatively, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines PGCC 7-19-23
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
F. Concept Review: Housing Proposal, APN 006-284-015-000 (City Parking lot located on Fountain Avenue between Lighthouse Avenue and Laurel Avenue) PAGE 232 Reference: Anastacia Wyatt, Community Development and Ben Harvey, City Manager Recommended Action:
Determine if the City Council would like to initiate negotiations for an affordable housing concept proposal on APN 006-284-015-000 (City Parking lot located on Fountain Avenue between Lighthouse Avenue and Laurel Avenue); or
1. 2. Alternatively, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
13. NEW BUSINESS
A. Pacific Grove Public Transportation - Past, Present, and Future PAGE 236 Reference: Luke Coletti, Mayor Pro Tem
Recommended Action: Receive the report.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
14. FULL PRESENTATIONS
15. CLOSED SESSION
A. Conference with Labor Negotiators (Government Code Section 54957.6) City Negotiators: Ben Harvey, City Manager, Tori Hannah, Administrative Services Director, Leticia Livian, Human Resources Director, and Katy Suttorp, City Attorney's Office Employees: Management Employees Asociation and General Employees Association
ADJOURNMENT
NOTICE OF ADA COMPLIANCE: Pursuant to Title II of the Americans with Disabilities Act (Codified At 42 United States Code Section 12101 and 28 Code of Federal Regulations Part 35), and Section 504 of the Rehabilitation Act of 1973, the City of Pacific Grove does not discriminate on the basis of race, color, religion, national origin, ancestry, sex, disability, age or sexual orientation in the provision of any services, programs, or activities. The City of Pacific Grove does not discriminate against persons with disabilities. City Hall is an accessible facility. A limited number of assisted listening devices will be available at this meeting. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting or provide the requested agenda format.
PGCC 7-19-23
Agenda No. 5 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Sandra Kandell, City Clerk/DEI Coordinator
MEETING DATE: July 19, 2023
SUBJECT: Minutes of the June 21, 2023 Closed Session and Regular Agenda Meetings CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Approve minutes.
Attachments
Draft Minutes
PGCC 7-19-23
DRAFT MEETING MINUTES
CITY OF PACIFIC GROVE
CITY COUNCIL
CLOSED SESSION MEETING
Wednesday, July 5, 2023, 5:00 P.M.
Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).
Join the Zoom Meeting to participate live at:
https://us02web.zoom.us/j/692219855
CALL TO ORDER
Mayor Peake called the meeting to order at 5:00 p.m. City Clerk Kandell conducted roll call with the following Council present in Chamber: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, McDonnell, and Poduri. Absent: Councilmember Coletti.
APPROVAL OF AGENDA
Action: Upon motion by Mayor Pro Tem Smith and seconded by Councilmember Amelio, Council voted to approve the agenda.
Motion carried 6-0-1, by the following roll call vote:
AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, McDonnell, and Poduri.
NOES: None.
ABSENT: Councilmember Coletti.
CLOSED SESSION
PUBLIC COMMENT ON CLOSED SESSION MATTERS
Public comment was received from Vicki Pearse, Jane Haines, Lisa Ciani, Inge Lorentzen Daumer, Paul Walkingstick, and Andrew Kubica.
1. Written Closed Session Public Comment
A. Public Employment, (Government Code § 54957)
Title: City Manager Performance Evaluation
DRAFT PGCC 7-19-23
DRAFT MEETING MINUTES
CITY OF PACIFIC GROVE
CITY COUNCIL
AMENDED REGULAR MEETING
Wednesday, July 5, 2023, 6:00 P.M.
Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).
JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://us02web.zoom.us/j/209579290
CALL TO ORDER
Mayor Peake called the meeting to order at 6:00 p.m. City Clerk Kandell conducted roll call with the following Council present in Chamber: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, Coletti, McDonnell, and Poduri.
PLEDGE OF ALLEGIANCE
Councilmember Coletti led the pledge of allegiance.
1. APPROVAL OF AGENDA
Action: Regular Agenda items 11A and 12D were continued to the Council’s July 19, 2023 meeting.
Action: Upon motion by Mayor Pro Tem Smith and seconded by Councilmember Amelio, Council voted to approve the agenda as modified.
Motion carried 7-0, by the following roll call vote:
AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, Coletti, McDonnell, and Poduri.
NOES: None.
ABSENT: None.
2. PRESENTATIONS
A. Mayor's Proclamation: Recognizing Dr. Ralph Porras
Action: Council received the presentation.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
3. COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only) A. Report on Closed Session by City Attorney
Public Employment, (Government Code § 54957)
Title: City Manager Performance Evaluation
DRAFT PGCC 7-19-23
City Attorney Brian Pierik had reportable action to report.
B. Council and staff made general announcements.
4. GENERAL PUBLIC COMMENT
General public comment received from Rebecca Lee, Dan Miller, Carmelita Garcia, Vince Tuminello, Lisa Ciani, Mike Gibbs, and Steve Houx.
A. Written General Public Comment
Action: Received written public comment, if applicable.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
CONSENT AGENDA
Action: Consent Agenda items 9A, 9B, 9C, and 9D were pulled and considered immediately following the Consent Agenda.
Action: Upon motion by Mayor Pro Tem Smith and seconded by Councilmember Amelio, Council voted to approve the Consent Agenda as modified.
Motion carried 7-0, by the following roll call vote:
AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, Coletti, McDonnell, and Poduri.
NOES: None.
ABSENT: None.
5. APPROVAL OF CITY COUNCIL MEETING MINUTES
A. Minutes of the June 21, 2023 Special and Regular Meetings and the June 23, 2023 Special Closed Session Meeting
Action: Approved minutes.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
6. RESOLUTIONS
7. ORDINANCES
A. Ordinance to Amend the City Salary Classification Schedule (POA) Action: Held second reading, adopted Ordinance No. 23-008 to amend the salary classification schedule to modify the salary range for Police Officer and Police Sergeant, and approved the amendment.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Ordinance Amending Chapter 2.04 of the Pacific Grove Municipal Code by adding Section
2.04.100 on Policy creation, amendment, or deletion by City Council Resolution Action: Held second reading and adopted Ordinance No. 23-009 amending Chapter 2.04 of the Pacific Grove Municipal Code by adding Section 2.04.100 on Policy creation, DRAFT PGCC 7-19-23
amendment, or deletion by City Council Resolution.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
8. REPORTS – INFORMATION ONLY
9. REPORTS – REQUIRING ACTION
A. PW Temporary Trailer Ratification (PW Fire) This item was pulled and considered immediately following the Consent Agenda.
Reference: Joyce Halabi, Deputy Public Works Director
Recommended Action: Ratify the trailer rental with Williams Scotsman, Inc., by approving a resolution, for the Public Works Admin Office temporary trailer rental in the amount of $44,440 plus a 5% contingency, in accordance with Municipal Code Section
2.16.080, Bidding Procedures-Dispensation.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Professional Planning Services with Good City Company This item was pulled and considered immediately following the Consent Agenda.
Reference: Anastacia Wyatt, Community Development Director Recommended Action: Authorize an agreement not to exceed $75,000 for professional contract planning services with Good City Company.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. FY23/24 CIP Engineering Services Action required by July 5, 2023. This item was pulled and considered immediately following the Consent Agenda.
Reference: Joyce Halabi, Deputy Public Works Director
Recommended Action: Authorize an agreement with Neill Engineers Corp for FY23/24 Capital Improvement Plan engineering services in an amount not to exceed $545,871 plus a 15% contingency.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
D. Tree Maintenance Service Agreement Action required by July 5, 2023. This item was pulled and considered immediately following the Consent Agenda.
Reference: Daniel Gho, Public Works Director/Deputy City Manager Recommended Action: Authorize an agreement with Topes Tree Service Inc. to provide Tree Maintenance Services for trees in the public right-of-way and on City-owned properties and facilities in an amount not-to-exceed $220,000 per fiscal year, with the option to extend the agreement for 4 additional years
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
E. September 20 Meeting Cancellation
Action: Canceled the September 20, 2023 Council Meeting.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
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F. Appointment to Recreation Board
Action: Approved the appointment of A. Gamble to the Recreation Board ending January 31, 2027.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
10. MEETING MINUTES OF COMMISSIONS, BOARDS, AND COMMITTEES A. Museum Board Minutes: May 10,August 9, November 8, 2022, and February 14, 2023 Action: Received the minutes.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Planning Commission Meeting Minutes: April 13, 2023
Action: Received the minutes.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
Pulled from the Consent Agenda:
A. PW Temporary Trailer Ratification (PW Fire) This item was pulled from the Consent Agenda.
Public comment received from Dan Miller.
Action: Upon motion by Councilmember Coletti and seconded by Councilmember Beck, Council voted to ratify the trailer rental with Williams Scotsman, Inc., by approving a resolution, for the Public Works Admin Office temporary trailer rental in the amount of $44,440 plus a 5% contingency, in accordance with Municipal Code Section 2.16.080, Bidding Procedures-Dispensation.
Motion carried 7-0, by the following roll call vote:
AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, Coletti, McDonnell, and Poduri.
NOES: None.
ABSENT: None.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Professional Planning Services with Good City Company This item was pulled from the Consent Agenda.
Public comment received from Lisa Ciani, Marsha, and Rebecca Lee.
Action: Upon motion by Councilmember Amelio and seconded by Mayor Pro Tem Smith, Council voted to authorize an agreement not to exceed $75,000 for professional contract planning services with Good City Company.
Motion carried 6-1, by the following roll call vote:
DRAFT PGCC 7-19-23
AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, McDonnell, and Poduri.
NOES: Councilmember Coletti.
ABSENT: None.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. FY23/24 CIP Engineering Services Action required by July 5, 2023. This item was pulled from the Consent Agenda.
Public comment received from Dan Miller, Marsha, and Andrew Kubica.
Action: Upon motion by Councilmember Coletti and seconded by Mayor Pro Tem Smith, Council voted to authorize an agreement with Neill Engineers Corp for FY23/24 Capital Improvement Plan engineering services in an amount not to exceed $545,871 plus a 15% contingency.
Motion carried 7-0, by the following roll call vote:
AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, Coletti, McDonnell, and Poduri.
NOES: None.
ABSENT: None.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
D. Tree Maintenance Service Agreement Action required by July 5, 2023. This item was pulled from the Consent Agenda.
Public comment received from Rebecca Lee, Thom Akeman, Dan Miller, Sally Moore, Inge Lorentzen Daumer, and Kim Akeman.
Action: Upon motion by Mayor Pro Tem Smith and seconded by Councilmember Coletti, Council voted to authorize an agreement for one year with Topes Tree Service Inc. to provide Tree Maintenance Services for trees in the public right-of-way and on City-owned properties and facilities in an amount not-to-exceed $220,000 per fiscal year.
Motion carried 7-0, by the following roll call vote:
AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, Coletti, McDonnell, and Poduri.
NOES: None.
ABSENT: None.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
DRAFT PGCC 7-19-23
REGULAR AGENDA
11. PUBLIC HEARINGS
A. Accessory Dwelling Unit (ADU) Ordinance Amendment During the Approval of the Agenda, this item was continued to the Council’s July 19, 2023 meeting.
Reference: Anastacia Wyatt, Community Development
Director Recommended Action:
1. Request the City Attorney read the title of the ordinance;
2. Motion to waive further reading of the ordinance;
3. Introduce and hold first reading of an ordinance amending Municipal Code Section Chapter 23.80 Accessory Dwelling Units approving the proposed zoning text amendment; and
4. Direct the publication of the ordinance will be satisfied by publication of a summary approved by the City Attorney.
CEQA: Statutory Exemption, CEQA Guidelines 15282(h) - Adoption Regarding Second Units in a Single or Multi Family Residential Zone
12. UNFINISHED AND ONGOING BUSINESS
A. Actuarial Analysis for the CalPERS Miscellaneous and Safety Plans This item was continued from the Council's June 21, 2023 meeting.
Public comment received from Marsha, Mike Gibbs, and Andrew Kubica.
Action: Council received the report and presentation.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Purple Pipe Feasibility Study This item was continued from the Council's June 21, 2023 meeting.
Public comment received from Sally Moore.
Action: Council received the report and directed staff collaborate with Monterey One Water for cost estimates on the various phases, to seek funding, and return to the Council with further information.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. Safety Improvements at 5-way intersection This item was continued from the Council's June 21, 2023 meeting.
Public comment received from Dan Miller, Rebecca Lee, and Andrew Kubica.
Action: The motion by Councilmember Amelio and seconded by Councilmember Amelio, Council voted to authorize the City to enter into an agreement with GHD for Phase I of the Congress, Cedar, and Sunset Intersection Safety Improvement Project in an amount not to exceed $797,574, was substituted with a motion by Councilmember McDonnell.
Action: Upon motion by Councilmember McDonnell and seconded by Councilmember Coletti, Council voted to authorize the City to enter into an agreement with GHD for Phase I of the Congress, Cedar, and Sunset Intersection Safety Improvement Project in an amount not to exceed $797,574, with a stipulation for alternative analysis and decision.
DRAFT PGCC 7-19-23
Motion carried 4-3, by the following roll call vote:
AYES: Mayor Peake, Councilmembers Beck, Coletti, and McDonnell.
NOES: Mayor Pro Tem Smith, Councilmembers Amelio and Poduri.
ABSENT: None.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
D. Requests for Proposals for a Coastal Wildlife Protection Program During the Approval of the Agenda, this item was continued to the Council’s July 19, 2023 meeting.
Reference: Dara Sanders, Contract Planner and Ben Harvey, City Manager Recommended Action:
1. Approve the draft Requests for Proposals for finalization and publication.
2. Alternatively, discuss and take other action on this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
E. Small Business Recovery Action Plan Due to time constraints, this item was continued to the Council’s July 19, 2023 meeting.
Reference: Ben Harvey, City Manager
Recommended Action:
1. Receive the recommended implementation plan and provided staff with direction for action items of interest.
2. Alternatively, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
13. NEW BUSINESS
A. Energy Savings Assessment & Resiliency Due to time constraints, this item was continued to the Council’s July 19, 2023 meeting.
Reference: Ben Harvey, City Manager
Recommended Action:
1. Adopt a Resolution Authorizing the City Manager to Direct Engie Services U.S. to Perform an Integrated Energy Savings Assessment of City-Owned Building for Potential Solar Photovoltaic System Implementation, and Grant Fund Sourcing.
2. Alternatively, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. City Public Information and Community Engagement through Social Media Due to time constraints, this item was continued to the Council’s July 19, 2023 meeting.
Reference: Ben Harvey, City Manager
Recommended Action:
1. Receive the report and provide direction to City staff regarding the City Public Information and Community Engagement through Social Media effort.
2. Alternatively, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
DRAFT PGCC 7-19-23
C. League of California Cities (LoCC) Annual Conference Voting Delegate and Alternate(s) Due to time constraints, this item was continued to the Council’s July 19, 2023 meeting.
Reference: Sandra Kandell, City Clerk
Recommended Action:
1. Discuss, designate, and adopt by resolution a voting delegate and up to two alternates to represent the City on policy matters at the League of California Cities (LoCC) Annual Conference on September 20-22.
2. Alternatively, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
14. FULL PRESENTATIONS
15. CLOSED SESSION
ADJOURNMENT
Council adjourned the regular meeting at 10:33 p.m.
Respectfully Submitted,
Sandra Kandell
City Clerk
Approved by Mayor: _______________________________Date________________ Attest by City Manager: ____________________________Date_________________ DRAFT PGCC 7-19-23
Agenda No. 8 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Audrey Cray, Finance & Risk Manager
MEETING DATE: July 19, 2023
SUBJECT: June 2023 Check Register
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
1. Receive the Check Register.
2. Alternatively, discuss and take other action related to this item.
DISCUSSION
The check register is a detailed account of monthly expenditures. It provides budgetary insight and promotes transparency. It is an excellent counterpart to the City's monthly Core Revenue Report; and is a practice followed by many other local jurisdictions.
The check register is produced from the City’s financial system. The report groups the checks by the respective city fund and vendor. The check register includes the check number, the check issue date, the name of the vendor, and a description of the purchase and the amount of the check.
Attached is the check register report for May 2023. The monthly total is provided on the last page of the report.
OPTIONS
N/A - This is informational only.
FINANCIAL IMPACT:
There is no fiscal impact. This is informational only.
FOCUSED PRIORITY AREA: Not Applicable.
Attachments
June 2023 Check Register
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Agenda No. 8 B
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Audrey Cray, Finance & Risk Manager
MEETING DATE: July 19, 2023
SUBJECT: June 2023 Core Revenue Report.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
1. Receive the report.
2. Alternatively, discuss and take other action related to this item.
DISCUSSION
The City of Pacific Grove’s General Fund revenues are primarily derived from Property Tax, Transient Occupancy Tax, and Sales and Use Tax revenues. In the Fiscal Year 22/23 Amended Budget, these three revenue sources were estimated to generate $21.2 million.These revenues account for approximately 70% of the General Fund's on-going revenues.
Details on the budgeted amounts and revenues to date are included in Attachment 1.
OPTIONS
N/A - This is informational only.
FINANCIAL IMPACT:
There is no fiscal impact associated with receiving this report.
FOCUSED PRIORITY AREA: Not Applicable.
Attachments
June 2023 Core Revenue Report
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Agenda No. 8 C
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Ben Harvey, City Manager
MEETING DATE: July 19, 2023
SUBJECT: City Council Goals Quarterly Update
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive the report.
DISCUSSION
At the April 19, 2023 City Council meeting, the City Council adopted its Areas of Focus, Goals and Milestones for 2023-2025, including a workplan (attached to this agenda report) that details the anticipated delivery dates for the goal milestones by fiscal year quarter. To ensure progress and provide accountability, City staff pledged to provide updates on the progress in accomplishing the workplan on a quarterly basis. This agenda report is the first quarterly report-out of the effort.
Goal Milestones MET or PARTIALLY MET within the FY 22-23 4th Quarter:
Recreation Services/Expand hours and services of the Youth Center/Submit comprehensive recreation plan to City Council for expanded service, activities and programs; receive Council input (MET).
Recreation Services/Expand hours and services of the Youth Center/Recruit and onboard additional Seasonal FTE (current and expanded summer programming) (MET).
Recreation Services/Expand or reinstate afterschool and recreational activities, including recreation and sports programs./Complete implementation of comprehensive recreation plan (that includes expanding hours, activities and services to the community). (PARTIALLY MET).
Goal Milestones NOT MET within the FY 22-23 4th Quarter:
Environmental Stewardship/Review, update and implement George Washington Park Master Plan/Hire a consultant to conduct biological assessment of GWP in order to update and recommend implementation measures of the GWP master plan (see note below)*.
Goal Milestones PARTIALLY MET within the FY 23-24 1st Quarter (to date):
Recreation Services/Expand hours and services of the Youth Center/Recruit and onboard additional FTE.
Recreation Services/Expand hours and services of the Youth Center/Complete implementation of comprehensive recreation plan (that includes expanding hours, activities and services for the community)/
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Goal Milestones not listed above, but scheduled for completion within the FY 23-24 1st Quarter, have been initiated by City staff. Status regarding these goal milestones will be provided within the next quarterly report.
*Note: A City Council agenda item will be forthcoming from Council Member Coletti at the August 2, 2023 City Council meeting. Through this agenda item and the corresponding discussion, it is anticipated that City Council direction will be provided to assist City staff in moving this Goal Milestone forward.
OPTIONS
Not applicable.
FINANCIAL IMPACT:
There is no financial impact in receiving the report.
FOCUSED PRIORITY AREA: Not Applicable.
Attachments
Community Goals & Work Plan 2023-25
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Agenda No. 8 D
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Nick Smith, Mayor Pro Tem
MEETING DATE: July 19, 2023
SUBJECT: Monterey One Water Board of Directors Mid-Year Highlights 2023 CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive highlights.
Attachments
Mid Year Highlights
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Agenda No. 8 E
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Joe Amelio, Councilmember
MEETING DATE: July 19, 2023
SUBJECT: Monterey-Salinas Transit Minutes: June 12, 2023 CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive minutes.
Attachments
MST Minutes
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Agenda No. 9 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Lori Frati, Management Analyst
MEETING DATE: July 19, 2023
SUBJECT: Amended Agreement with HdL Companies for Sales Tax, Business Licenses, and TOT Collection and Compliance Services.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
1. Authorize the Mayor to amend the existing agreement with HdL companies for a 1 year extension to June 30, 2024 (renewable for an additional 1 year thereafter) in the amount not to exceed $60,000 for the following:
Sales, Use and Transactions Tax Auditing and Information Services; Business License Tax Operations and Compliance Services; Transient Occupancy Tax Operations Management Services; and
2. Alternatively, discuss and take other action related to this item.
DISCUSSION
In 2015, The City of Pacific Grove entered into a contract with HdL Companies for Business License Tax Services. This included database management, account processing, on-line filing and payment processing for businesses, and a business support center.
In 2016, The City entered into a contract with HdL Companies for Sales Tax Services and Transient Occupancy Tax Services. The HdL Companies Sales Tax Services include: Database management, quarterly reporting by individual businesses and categories; working with the State on tax allocation reviews, and assisting with budgetary projections. Their Transient Occupancy Tax (TOT) Services include: database management, reporting, account processing, on-line filing and payment processing, customer support, compliance monitoring and annual reporting.
In 2020, Council approved a two-year contract with HdL Companies that included all three services:
Sales Tax Services, Business License Tax Services, and Transient Occupancy Tax Services. The consolidation of the contract to include all three services and successful negotiations reduced the annual base cost for services by 32%.
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On July 1, 2022, the City entered into a short-term contract with HdL Companies in an amount not to exceed $39,000 (Attachment 1). In October 2022, the agreement was amended through June 30, 2023, with an annual cost not to exceed $60,000 (Attachment 2). Staff is recommending a second amendment to the contract based on the unique services offered by HdL and reduced staffing. The Administrative Services Department is in the process of recruiting and hiring for regular positions, with one position vacant and two positions filled with temporary staff. The department has also recently hired two new employees. Due to the amount of time needed to train new employees, as well as assuming the additional workload associated with a new audit firm, it would be challenging to effectively migrate and validate the City's data to a new vendor platform.
To assess HdL service levels, the City conducted a Customer Service Survey within the business community in 2021. The survey results were reviewed with HdL services; and they expressed their commitment to continuously improving their service levels. As part of the current agreement, HdL has completed 17 audits of commercial properties, with final results pending on one additional audit. The City also plans to take advantage of their business license compliance review services to assist with this year's operational goals. Both of these services are included within the proposed continued contract.
The proposed contract amendment will include the following updates to the contract term and amount; and will require the Mayor's signature (Attachment 3). A copy of that amendment is attached for reference, with the scope of services retained in the original agreement.
Extend the contract term to June 30, 2024, with an option to extend it for an additional year. (The option to extend beyond 2024 would require additional Council approval) Increase the payment to an amount not to exceed $60,000 annually.
If approved, staff will prepare the amendment based on the information listed above. There are no other changes proposed to the agreement.
OPTIONS
1. Take no action
2. Provide alternate direction.
FINANCIAL IMPACT:
The funds to support this agreement are included in the FY 23/24 budget.
FOCUSED PRIORITY AREA: Not Applicable.
Attachments
HDL Agreement July 2022
Amendment No. 1
Amendment No. 2
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Agenda No. 10 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Laurel O'Halloran, Associate Planner
MEETING DATE: July 19, 2023
SUBJECT: Architectural Review Board Minutes: June 13, 2023 CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive minutes.
Attachments
ARB Minutes
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Agenda No. 10 B
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Diana Godwin, Library Manager
MEETING DATE: July 19, 2023
SUBJECT: Library Advisory Board Minutes: May 8, 2023
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive minutes.
Attachments
LAB Minutes
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Agenda No. 11 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Leticia Livian, Human Resources Director
MEETING DATE: July 19, 2023
SUBJECT: First reading amending ordinance 23-008, City Salary Classification Schedule (POA) CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
1. Request the City Attorney read the title of the ordinance;
2. Motion to waive further reading of the ordinance;
Introduce and hold a first reading of an ordinance to amend ordinance 23-008, salary classification schedule and approve the amendment; and
3. 4. Direct that a summary of a proposed ordinance be published as approved by the City Attorney.
DISCUSSION
On July 5, 2023, City Council approved an ordinance to amend the salary schedule for POA classifications. An administrative error has been identified on the ordinance (and corresponding agenda report). A correction to the ordinance must be amended by ordinance.
The administrative error incorrectly listed the hourly pay rate for police officer at the 7th step of the salary range as $60.02, the correct amount is $60.62. Below is the correct salary range for police officer.
City Of Pacific Grove
Salary Schedule - Police Officer Hourly Rate
Hourly Rate Listed on Ordinance
#23-008 Police Officer 46.33 48.65 51.08 53.63 56.32 58.43 60.02 Amended Hourly Rate Police Officer 46.33 48.65 51.08 53.63 56.32 58.43 60.62
OPTIONS
Provide alternative direction to staff.
FINANCIAL IMPACT:
N/A - Administrative correction
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N/A - Administrative correction
FOCUSED PRIORITY AREA: Not Applicable.
Attachments
Ordinance
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Agenda No. 11 B
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM:
Dara Sanders, Contract Planner and Anastacia Wyatt, Community Development Director
MEETING DATE: July 19, 2023
SUBJECT: Accessory Dwelling Unit (ADU) Ordinance Amendment This item was continued from the Council's July 5, 2023 meeting.
CEQA: Statutory Exemption, CEQA Guidelines 15282(h) - Adoption Regarding Second Units in a Single or Multi Family Residential Zone
RECOMMENDATION
1. Request the City Attorney read the title of the ordinance;
2. Motion to waive further reading of the ordinance;
Introduce and hold first reading of an ordinance amending Municipal Code Section Chapter 23.80 Accessory Dwelling Units approving the proposed zoning text amendment; and
3. Direct the publication of the ordinance will be satisfied by publication of a summary approved by the City Attorney.
4. DISCUSSION
In 2017, The California State Legislature created a statewide regulatory framework for Accessory Dwelling Units (ADUs), which prompted local jurisdictions to adopt changes to the regulations and processes at the local level. The City of Pacific Grove subsequently amended its zoning code to integrate the State's ADU regulations. The Legislature adopted changes to the statewide regulations in 2022 related to the planning and permitting of ADUs, including AB 2221 and SB 897.
As a result of these statewide updates, the City's current ADU ordinance is out of compliance with State law. While the City currently applies the State's requirements for ADUs, the inconsistencies between the State's requirements and the City's requirements create confusion, especially for private property owners interested in constructing an ADU. City staff have prepared a zoning text amendment (ZTA) to the City's ADU ordinance to align with State law.
State Regulatory Changes for ADUs
These laws are AB 2221 and SB 897, and they took effect on January 1, 2023. The changes made in the new legislation are summarized below.
ADU Height. Local agencies must allow ADUs taller than 16 feet in certain circumstances. An 18-foot detached ADU must be allowed if the structure is within ½ mile of a major transit stop or high-quality transit corridor, or if the property has an existing multifamily, multi-story dwelling. For consistency in application, staff is recommending that the 18-foot height limit be applied to detached ADUs citywide.
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application, staff is recommending that the 18-foot height limit be applied to detached ADUs citywide.
A 25-foot ADU must be allowed if the ADU is attached to the primary dwelling, unless the allowed height limit for the primary dwelling is lower than 25 feet. Currently, all zoning districts in the City permitting residential units allow a primary residence to be at least 25 feet in height.
Front Setback. Front setbacks now fall under statewide exemption as a zoning requirement that cannot be enforced if they prevent an ADU of at least 800 square feet from being built. In these situations, ADUs are permitted to be located in the front setback of a residential property.
Procedure. If an ADU application is denied, the City is now required to provide the applicant with a "full set of comments" listing the specific items that are "defective or deficient." These comments must also describe "how the application can be remedied" by the applicant. In other words, the City is obligated to present the applicant with the information needed and options available to obtain approval for their ADU project.
Another new State requirement pertains to demolition permits associated with the construction or conversion of a structure to an ADU. Some local jurisdictions have required a two-step process for ADU projects requiring a demolition permit. For example, any required demolition permit must be first reviewed and approved before a property owner can obtain a building permit for constructing a new dwelling. The application of a two-step process is no longer permitted in any jurisdiction, and the City is required by State law to process, review, and act on a demolition application and an ADU application concurrently.
Lastly, cities cannot deny an application to create an ADU solely because corrections are needed to address nonconforming zoning conditions, building code violations, or unpermitted structures elsewhere on the property that do not present a threat to public health and safety and are not affected by the construction of the ADU. This does not insulate the property owner from having to come into compliance where other projects unrelated to an ADU application are concerned.
Objective Standards. The Legislature has now inserted an express definition into the ADU law: An "objective" standard is a standard that involves "no personal or subjective judgment by a public official" and that is "uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal."
Proposed ADU Zoning Text Amendment
Staff has prepared several zoning text amendments (ZTA) that are intended primarily to align local ADU regulations with the State’s regulations. Minor amendments are also proposed to resolve previous wording and scrivener’s errors, as well as those intended to better organize ADU requirements. Staff’s markups to the ADU ordinance are shown in Attachment A with deletions shown in strike through ( text) and additions or changes shown in bolded, underlined, italics (text). A summary and explanation of each proposed ZTA is provided in the chart below.
Code Section Amendment Summary Purpose/Reason
23.80.030 “Definitions
Accessory Dwelling Unit
Update the definition to strike
provision requirements (eating,
cooking, sanitation, etc.) and
reference Manufactured Home
definition
This amendment to the
definition of ADU is necessary
to align with State law.
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Objective Standards Add a definition for “objective
standards”
Because only objective standards
can regulate the placement and
design of ADUs, staff
recommends including the
State’s definition of objective
standards.
Permitting Agency Add a definition for “permitting
agency”
This amendment would adopt
the State’s definition of
permitting agency for clarity.
Attached Add a definition for “attached”
We currently do not define what
conditions constitute an attached
dwelling or structure. This
would provide direct to Planning
and Building staff for
determining which ADU
regulations (attached vs.
detached) apply to a proposal.
23.80.040 “Approvals”
(a) Ministerial Approval Strike (a)(2)(C) related limitations on expansions of existing ADUs
This expansion limitation on an
ADU created within an existing
accessory structure violates State
law.
Add a new subsection (a)(3)(C)
related to the height of an attached
ADU on a single-family lot
This new section references
another section within the ADU
ordinance, which reflects the
State’s ADU height regulations.
Amend (a)(4)(A) to require a 4-ft
side and rear setback
This amendment requires a
greater setback that is aligned
with State law.
Amend (a)(4)(C) to reference
height limitations listed in
23.80.060
This new section references
another section within the ADU
ordinance, which reflects the
State’s ADU height regulations.
Amend (a)(6) related to
applicability to include proposed
multi-family dwellings
This amendment specifies
applicability to both existing and
proposed multifamily
developments that include
ADUs.
Amend (a)(6)(A) to require a
4-foot side and rear setback
This amendment requires a
greater setback that is aligned
with State law.
Add new subsections allowing
ADUs in the front setback.
State law now permits an ADU
to encroach into a front setback
if there is insufficient area at the
side or rear of a home to
construct an ADU of up to 800
square feet.
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Add a new subsection (B)
prohibiting the requirement to
modify an existing nonconforming
structure as a condition of
approval for an ADU, and reorder
subsequent sections
This section clarifies and
codifies State law prohibiting
conditions of approval for
ministerial ADU projects on
properties containing
nonconforming buildings.
Add a new subsection (C) to
reference height limitations listed
in 23.80.060
This new section references
another section within the ADU
ordinance, which reflects the
State’s ADU height regulations.
(b) Process and Timing
Add a new subsection (3) to adopt
a procedural requirement for ADU
and JADU applications denied by
the City
In accordance with new State
law, this section requires that,
when denying an application,
staff provide a full set of written
comments to include a list of
application deficiencies and
ways to remedy the deficiencies.
Add a new subsection (4)
clarifying the procedural
requirements for ADU and JADU
applications requiring demolition
of a detached garage
In accordance with State law,
this new procedure requires that
the City review an ADU
application and associated
demolition permit application
concurrently instead of
sequentially.
Add a new subsection (5)
exempting garage demolition
(associated with the above
subsection) from written notice
and placard requirements.
In accordance with State law,
this new procedure prohibits a
requirement for notice of a
demolition application
associated with the construction
of an ADU, unless the property
is located with an architecturally
or historically significant
historic district.
23.80.050 “General ADU and
JADU requirements”
Clarify in subsection (b) that the
construction of an ADU cannot
require installation of a fire
sprinkler system in an existing
primary dwelling (the main house)
In accordance with State law,
this section limits the City from
requiring that the main house on
the property with a proposed
ADU be retrofitted to install
sprinklers. This does not restrict
the City from requiring the ADU
to install a sprinkler system
when building code requires it.
Amend the existing requirement in
subsection (e) to reference a
“wastewater treatment system”
The current requirement
references a “water treatment
system”, which is not the
appropriate term for
sewer-related capture and
treatment. This was likely a
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scrivener’s error.
Strike “or JADU” from subsection
(f)
This would require that only
ADUs are required to have a
separate address from the main
dwelling(s) on the property.
23.80.060 “Specific ADU
and JADU requirements”
(a) Size
Amend (a)(1) to specify distinct
maximum floor areas for detached
ADUs and attached ADUs
This amendment aligns the
City’s requirements with State
law, and it specifies a maximum
square footage for a detached
ADU (1,200 sq.ft.) and for an
attached ADU (no more than
50% of the existing home).
(b) Height
Strike and replace (1) and (2) to
establish distinct height limitations
for attached and detached ADUs
and limit them to 2 stories.
This amendment aligns the
City’s requirements with State
law pertaining to ADU height.
(d) Parking
Amend (3) to specify that
off-street parking is not required
for a JADU
This amendment aligns the
City’s requirements with State
law.
(e) Architectural
Requirements
Strike (e) pertaining to
architectural requirements
The State requires that all
standards pertaining to the
design of an ADU or a JADU
must meet the State’s definition
for objective standards. This
subsection for “architectural
requirements” does not meet the
State’s definition and is not
enforceable.
Staff recommends striking this
section until objective standards
can be prepared, vetted, and
adopted. Additional discussion is
provided under “Objective
Standards” of this staff report.
(f) Historical Protections Strike the subsection pertaining to Historical Protections.
The State requires that all
standards pertaining to the
design and placement of an ADU
or a JADU, including those
pertaining to historic protections
and compatibility, must meet the
State’s definition for objective
standards. The City does not
have objective historic standards
at this time that can be enforced
through historic review.
Staff recommends striking this
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section until objective standards
can be prepared, vetted, and
adopted. Additional discussion is
provided under “Objective
Standards” of this staff report.
(g) Tree Removal and
Pruning Strike subsections (1)-(3)
Pursuant to State law, these are
not enforceable, as it is not an
objective standard and tree
preservation cannot impede or
impact the placement or size of
an ADU or JADU.
23.80.070 “Fees and charges”
(b) Utility Fees
Break the applicable utility fees
into subsection (1) and (2), and
reword the prohibition of a
connection fee or capacity charge
for clarity.
This is a non-substantive
amendment that reorganizes the
utility fees section.
23.80.080 “Nonconforming
ADUs and discretionary
approval.
Objective Standards
Staff recommends striking language pertaining to architectural review and historic review at this time only because the City of Pacific Grove does not have architectural review or historic protections that meet the State’s definition for “objective standards”. Because the architectural review and historic protections provisions of the existing ADU ordinance do not meet the State’s definition of “objective standards”, these sections as they are currently written are not enforceable. The City will not lose oversight over the design of ADUs by striking these sections, and retaining these sections in the updated ADU ordinance would not allow for enforcement at the staff- or committee/commission-level; instead, retaining these sections could render the City’s local ordinance null and void for non-compliance.
The City also has an obligation to comply with state law and to prepare and submit a compliant housing element. Pacific Grove has been meeting our previous Regional Housing Needs Allocation (RHNA) through ADU construction, and we anticipate that ADU construction will be included in the updated Housing Element (currently being drafted) as a means of meeting our current RHNA. As a result, staff is concerned that adopting a non-compliant ADU ordinance could impact the State’s certification of Pacific Grove’s updated Housing Element, which could result in undesirable consequences and penalties including (builders remedy, ineligibility for State grants, etc.).
Staff recognizes and supports the importance of design and historic integrity to the community and to achieving the City’s goals and policies. We also recognize the importance of reducing risk to the City through compliance with State law. Staff is in the process of securing a consultant to prepare State-compliant objective design and development standards for residential development in Pacific Grove, including ADUs. The drafting of these standards will include a robust public input process for community stakeholders to participate in identifying the design and development priorities for residential development.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission considered these amendments to the City’s ADU Ordinance during their regularly scheduled meeting on May 11, 2023, and voted unanimously to forward the proposal to the PGCC 7-19-23
City Council with a recommendation for approval.
Prior to voting on the item, the Planning Commission discussed the following topics:
Coastal Zone. Commissioners asked how this ordinance would impact accessory dwelling units in the Coastal Zone. Staff has attached a memo from John Ainsworth, Executive Director of the California Coastal Commission (CCC), regarding implementation of new ADU laws in the coastal zone. To summarize this memo, local governments must still abide by the requirements of their Local Coastal Programs (LCP) with regard to coastal resource protection, and the CCC recommends that local jurisdictions update their LPCs with Junior ADU and ADU provisions to align with State law. Because the City may amend its LCP only three time per year, staff recommends that the City initiate comprehensive updates to the LCP once objective design standards for ADUs are adopted.
Tree protection and preservation. Because the current subjective provisions with regard to tree preservation and pruning are proposed to be stricken from the current ADU ordinance, the Planning Commission requested that tree protection be considered for inclusion in objective standards and that staff encourage these activities to continue when processing ADU applications.
GOAL ALIGNMENT:
Increase Affordable Housing: Determine policies, projects and programs that will advance the effort to create new affordable housing in the City.
OPTIONS
The City Council’s options include the following:
Approve the Planning Commission’s recommendation to approve these amendments to the Accessory Dwelling Unit ordinance.
1. 2. Approve the Accessory Dwelling Unit ordinance with changes; or
3. Continue the item to a later date.
FINANCIAL IMPACT:
Amending the ADU ordinance will not have an impact on the General Fund.
FOCUSED PRIORITY AREA: Affordable Housing
Attachments
ADU Draft Ordinance
Coastal Commission ADU Memo
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Chapter 23.80
ACCESSORY DWELLING UNITS
23.80.010 Purpose and intent.
23.80.020 Effect of nonconforming.
23.80.030 Definitions.
23.80.040 Approvals.
23.80.050 General ADU and JADU requirements.
23.80.060 Specific ADU and JADU requirements.
23.80.070 Fees and charges.
23.80.080 Nonconforming ADUs and discretionary approval.
23.80.010 Purpose and intent.
The purpose of this chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22, as may be amended.
23.80.020 Effect of nonconforming.
An ADU or JADU that conforms to the standards in this chapter will not be:
(a) Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
(b) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(c) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(d) Required to correct a nonconforming zoning condition, as defined in PGMC 23.80.030.
This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.
23.80.030 Definitions.
As used in this chapter, terms are defined as follows:
(a) “Accessory Dwelling Unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities and permanent provisions for living, sleeping, eating, cooking, sanitation, and connection to utilities for one or more persons and is located on a lot with a proposed or existing primary residence or multi-family residences and may include the following:
(1) Detached: the unit is separated from the primary structure or structures. (2) Attached: the unit is attached to the primary structure. (3) Converted Existing Space: space (e.g. bedroom, attached garage, storage area, or an accessory structure) on the lot of primary residence(s) that is PGCC 7-19-23
converted into an independent living unit.
(4) Junior Accessory Dwelling Unit (JADU): A specific type of conversion of existing space that is contained entirely within an existing or proposed single-family residence.
(5) Manufactured Home, as defined in Section 18007 of the Health and Safety Code.
(6) Efficiency Unit.
(b) “Accessory structure” means a building or structure that is incidental to that of the main building on the same lot.
(c) “Attached” means a building which has at least part of a wall in common with another building, or which is connected to another building by a roof. (d) “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
(e) “Efficiency Unit” means a unit that includes each of the following:
(1) Compliance with Section 17958.1 Health & Safety Code, as may be amended. (2) A food preparation counter or counters that are adequate for the unit. and (3) Food storage cabinets that are adequate for the unit. (f) “Junior accessory dwelling unit” or “JADU” means a residential unit that:
(1) Is no more than 500 square feet in size.
(2) Is contained entirely within an existing or proposed single-family structure. (3) Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. and (4) Includes an efficiency unit, as defined in this chapter. (g) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (h) “Manufactured Home” means a unit as defined by Section 18007 of the California Health and Safety Code, as may be amended.
(i) “Ministerial approval” means approval related to a building permit that does PGCC 7-19-23
not require discretionary action or a hearing.
(j) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(k) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (l) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
(m)“Permitting agency” means any entity that is involved in the review of a permit for an ADU or JADU and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.
(n) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(o) “Public transit” means a fixed-route (bus stop or other transit stop) transportation that charges set fees, runs on fixed routes, and is available to the public. (p) “Tandem parking” means two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
23.80.040 Approvals
The following approvals apply to ADUs and JADUs under this section:
(a) Ministerial Approval. An ADU or JADU which complies with each of the general requirements in PGMC 23.80.050 is allowed with a building permit and shall not require discretionary planning approval. The ADU/JADU project shall be reviewed in a ministerial and administrative manner, limited to only considering the project’s compliance with the applicable objective standards.
(1) One ADU and one JADU on a lot with a proposed or existing single-family dwelling.
(2) Converted on a Single-family Lot:
(A) Created within the existing space of an accessory structure. (B) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building codes.
(C) An ADU created within an existing accessory structure may expand an additional 150 sq. ft. if expansion is limited to accommodating ingress PGCC 7-19-23
and egress only.
(3) Attached ADU on Single-Family Lot:
(A) Shall not exceed 50% of the square footage of proposed or existing building, or 1,000 sq. ft., whichever is greater.
(B) Setbacks same as (2)(B) above.
(C) May be located at the front of the lot or in the front setback if sufficient area for an ADU up to 800 square feet does not exist at the rear or side of the primary dwelling unit.
(D) The height limitation as provided in PGMC 23.80.060. (4) Detached on Single-Family Lot.
(A) The side and rear yard setbacks are at least three feet. (B) May be located at the front of the lot or in the front setback if sufficient area for an ADU up to 800 square feet does not exist at the rear or side of the primary dwelling unit.
(C) The total maximum floor area is up to 1,200 square feet. And (D) The peak height above grade is 16 feet or less. height limitation as provided in PGMC 23.80.060.
(5) Converted on Multifamily Lot. Multiple ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. At least one converted ADU is allowed within an existing multifamily dwelling, or up to 25 percent of the existing multifamily dwelling units may each have a converted ADU under this subsection. (6) Detached on Multi-family Lot. No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies the following limitations:
(A) The side and rear yard setbacks are at least three feet. (corner and exterior setbacks for the zoning district apply); and
(B) If the existing multifamily dwelling has a rear or side setback of less than three feet, the City shall not require any modification of the existing multifamily dwelling as a condition of approving the PGCC 7-19-23
application to construct an ADU.
(C) May be located at the front of the lot or in the front setback if sufficient area for an ADU up to 800 square feet does not exist at the rear or side of the primary dwelling unit.
(D) The height limitation as provided in PGMC 23.80.060. (E) The total floor area is 1,200 square feet or smaller. (7) Junior Accessory Dwelling Unit (JADU):
(A)Constructed entirely within an existing or proposed single-family structure.
(B) Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. (C) Includes an efficiency unit as defined in this chapter. (b) Process and Timing.
(1) An ADU or JADU permit is considered and approved ministerially, without discretionary review or a hearing, if it meets the minimum standards above. (2) The City must act on an application to create an ADU or JADU within 60 days from the date that the City receives a completed application, unless either:
(A)The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay. or
(B)In the case of a JADU and the application to create a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the JADU until the City acts on the permit application to create the new singlefamily dwelling, but the application to create the JADU will be considered ministerially without discretionary review or a hearing. (3) If an application for an ADU or JADU is denied, the City shall, within the time period previously described, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (4) A demolition permit for a detached garage that is to be replaced with an ADU must be reviewed with the application for the ADU and issued at the same time.
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(5) The applicant shall not be otherwise required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an ADU, unless the property is located within an architecturally and historically significant historic district.
23.80.050 General ADU and JADU requirements
The following requirements apply to all ADUs and JADUs that are approved under PGMC 23.80.040(a):
(a) Zoning. An ADU or JADU subject only to a building permit under PGMC
23.80.040(a) may be created on a lot in any zone that allows residential uses. (b) Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence. The construction of the ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(c) Rental Term. An ADU or JADU may be rented under the following conditions:
(1) No ADU or JADU may be rented for a term less than 30 days, and (2) JADU – owner must reside in either the primary residence or the JADU per Government Code 65852.22, Subd. (a)(2), as may be amended. (d) No Separate Conveyance. No ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot) unless allowed by Gov. Code, § 65852.26 (Qualified nonprofit corporation conveyance). (e) Septic System. If the ADU or JADU will connect to an on-site wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(f) Each ADU or JADU shall have a separate address from the single or multi- family dwelling on the property.
(g) Each ADU or JADU shall have a separate exterior access independent of the existing or proposed single or multi-family dwelling.
23.80.060 Specific ADU and JADU requirements.
(a) Size.
(1) The total maximum floor area for a detached ADU may be up to 1,200 square PGCC 7-19-23
feet. The total floor area of an attached ADU shall not exceed 50 percent of the existing primary dwelling.
(2) The minimum size is 150 square feet to include efficiency unit. (3) A JADU shall not exceed 500 square feet.
(b) Height.
(1) A single-story, attached or detached ADU may not exceed 16 feet in height above grade, measured to the peak of the structure. (2) A second story or two-story attached ADU addition may be permitted subject to an architectural permit and may not exceed the height of the zoning district. (1) A detached ADU on a lot within one-half mile walking distance of a major transit stop or high-quality transit corridor may be up to 18 feet in height, with an allowance of an additional two feet to accommodate a roof pitch aligned with the primary dwelling.
(2) A detached ADU on a lot with an existing or proposed dwelling may be up to 18 feet in height.
(3) An attached ADU may be up to 25 feet in height or two stories, whichever is less.
(c) Passageway. No passageway, as defined in PGMC 23.80.030, is required for an ADU.
(d) Parking.
(1) Generally. Off-street parking is not required for an ADU located within onehalf mile walking distance of public transit. If a property is not within onehalf mile walking distance to a transit stop, one off-street parking space shall be provided and may be located in setback areas or as tandem parking, as defined in PGMC 23.80.030.
(2) No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. (3) No off-street parking is required for a JADU.
(e) Architectural Requirements.
(1) Where the development of an ADU includes exterior alterations, additions, or construction of new structure, the ADU may, where feasible, incorporate the PGCC 7-19-23
same or similar architectural features, building materials, including window style and materials, and roof slopes as the main dwelling unit or dwellings located on the subject property.
(f) Historical Protections. Historic review shall be required for properties listed on the California Register of Historic Resources.
(g) Tree Removal and Pruning. Tree permits for the removal and/or pruning of permit trees shall be required per PGMC Title 12, but shall in no way prohibit the development of a minimum 1,200 sq. ft. ADU.
(1) Applicants are encouraged to locate and design ADU and/or JADU additions so that the retention of native trees (Gowen cypress, Coast live oak, Monterey cypress, Shore pine, Torrey pine, and Monterey pine) can be accommodated whenever possible.
(2) All trees in or within 100 yards of designated Monarch sanctuaries. (Pruning and removal of trees within the Monarch sanctuaries is prohibited between October 1 and May 1).
(3) A Coastal Development Permit (CDP) may be required for tree removal in the Coastal zone.
23.80.070 Fees and charges.
(a) Impact Fees.
(1) No impact fee is required for an ADU or JADU that is less than 750 square feet in size.
(2) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
(b) Utility Fees.
(1) Converted ADUs and JADUs on a single-family lot, created under PGMC
23.80.040(a)(1), are not required to have a new or separate utility connection directly between the ADU or JADU and the utility.
(2) Nor is a A connection fee or capacity charge is not required unless the ADU or JADU is constructed with a new single-family home dwelling.
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23.80.080 Nonconforming ADUs and discretionary approval.
Any proposed ADU or JADU that does not conform to the objective standards set forth in this chapter may be allowed by the city with a use permit, in accordance with the other provisions of this title.
The local agency shall not deny an application for a permit to create an ADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU.
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Agenda No. 12 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Dara Sanders, Contract Planner and Ben Harvey, City Manager MEETING DATE: July 19, 2023
SUBJECT: Requests for Proposals for a Coastal Wildlife Protection Program This item was continued from the Council's July 5, 2023 meeting.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
1. Approve the draft Requests for Proposals for finalization and publication.
2. Alternatively, discuss and take other action on this item.
DISCUSSION
BACKGROUND
In 2018, a Coastal Wildlife Protection Advisory Committee (CWPAC) was formed to advise the City Manager’s Office and the City Council on coastal wildlife protection needs and opportunities in Pacific Grove. The committee collaborated with the Beautification and Natural Resources Commission (BNRC), as well as local agencies and organizations, to identify needs and opportunities to protect coastal wildlife and their habitats and to prepare programmatic and regulatory recommendations to implement these needs and opportunities.
The CWPAC and BNRC presented their recommendations to the City Council on November 3, 2021, and a City Council subcommittee was formed to further consider those recommendations and prepare recommended actions to ensure the CWPAC and BNRC recommendations are properly implemented.
These recommendations include amendments to the City’s Local Coastal Program and the use of Community Service Officers to provide wildlife protection and code enforcement services citywide.
On December 21, 2022, the City Council considered the subcommittee’s recommended actions for protecting coastal wildlife and habitats, and the City Council voted to approve those recommended actions.
DISCUSSION
Staff has reviewed the CWPAC’s report and the City Council’s direction. In response to the CWPAC and BNRC recommendations and the City Council’s goals for citywide wildlife protection, staff recommends publishing a Request for Proposals (RFP) for local coastal program amendments and a RFP for establishing a Wildlife Protection Program, which would include educational program framework and the preparation of a consolidated ordinance of wildlife protection regulations and PGCC 7-19-23
measures outside of the City’s coastal zone.
Staff’s recommendation to prepare RFPs rather than Requests for Qualifications (RFQ) is strategic for financial and timing purposes. RFPs allow the City Council to vet the qualifications of a consultant, their approach to fulfilling the City’s project needs, and the cost associated with their proposed approach. Moving forward with RFQs for these efforts leaves unknowns associated with cost and approach, which could result in additional time spent in contract, approach, and deliverables negotiations after a consultant is selected.
The City Council also directed staff on December 21, 2023, to prepare a report on the use of Community Services Officers (CSOs) for enforcement and enforcement activities associated with wildlife protection in Pacific Grove. Staff has interviewed cities and agencies with wildlife protection programs and their use of officers to inform staff’s report to the City Council on the needs and use of CSOs for this purpose. We received an account of the typical day-to-day activities associated with seasonal enforcement needs and the lessons learned through decades of enforcement, including public education tools that achieve better results than enforcement or punitive approaches.
Through these interviews, we learned that the successful implementation of activities for this position requires education, experience, and training that is distinctly different from a typical CSO; therefore, staff recommends including this report and the preparation of a corresponding job description as a deliverable for the RFP for establishing a city-wide Wildlife Protection Program.
Request for Proposals for Local Coastal Program Amendments Staff has attached a draft RFP seeking qualified individuals or firms to prepare local coastal program amendments that have been specifically identified in the City Council’s action. This draft RFP provides a summary of the CWPAC’s key recommendations for coastal wildlife protection to serve as a guide for responders in preparation of their proposals that may also include unidentified amendments that would further protect coastal wildlife and their habitats.
Proposals are also required to include a community outreach component and to account for management of the City’s adoption process and the California Coastal Commission certification process. Requiring this administrative support will ensure that these amendments are prepared, adopted, and certified in a timely manner with minimal impact to City staff’s ability to support our customers and daily City operations.
Request for Proposals for a City-wide Wildlife Protection Program The CWPAC report identified the need for a consolidated ordinance of wildlife protection regulations outside of the coastal zone, and the City Council’s subcommittee identified protection of wildlife and habitats as a citywide concern. Because of these identified needs and concerns, staff has prepared a companion RFP seeking qualified individuals or firms with an understanding of citywide wildlife and habitat protection regulations, programs, and public education. The intent of this companion project is to prepare a consolidated ordinance and to implement the programmatic and staffing recommendations of the BNRC, CWPAC, and the City Council’s subcommittee.
Proposals are also required to include a community outreach component to include coordination with the BNRC, community and environmental stakeholders, and the general public. Moving forward with securing the services of a consultant will ensure that these priorities are advanced through the development of a program with tested implementation measures and metrics in a timely manner with minimal impact to City staff’s ability to support our customers and daily City operations.
NEXT STEPS
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RFP Publication
Both draft RFPs contain only proposal-specific information at this time. Should the City Council accept staff’s draft RFPs, we will include the general and legal language that accompany RFPs issued by the City of Pacific Grove. Once finalized, staff will post the RFPs to the City’s website and post them on other relevant websites to promote awareness of these efforts.
ADDITIONAL FOCUSED PRIORITY AREA
City Asset Stewardship
OPTIONS
The City Council’s options include the following:
1. Authorize City staff to publish both RFPs as written or with modifications; Authorize City staff to publish the RFP for Local Coastal Programs only as written or with modifications; or
2. 3. Defer action on these RFPs to a later date.
FINANCIAL IMPACT:
The fiscal impact of these activities is unknown at this time. Staff has prepared RFPs that require proposals to include detailed information about the costs of the proposed scope of work. The City has over $700,000 in unprogrammed funds that could be used to advance this City Council goal. Once staff has received responses, staff will be prepared to provide a more detailed analysis related to fiscal impact for the City Council’s consideration.
FOCUSED PRIORITY AREA: Environmental Stewardship
Attachments
1 Request for Proposals for Local Coastal Program Amendments 2 Request for Proposals for a Wildlife Protection Program PGCC 7-19-23
Request for Proposals
Local Coastal Program Amendments
The City of Pacific Grove, California, seeks the services of a professional consultant to prepare an amendment to the Pacific Grove Local Coastal Program (LCP). The scope of these amendments will include policies, regulations, and other implementation measures related to coastal wildlife and habitat protection from sea level rise and coastal development and the necessary environmental analysis required by the Coastal Commission to support the LCP amendment.
BACKGROUND
Pacific Grove is a coastal community sharing borders with the Monterey Bay, City of Monterey, Pacific Ocean, and the Del Monte Forest. Pacific Grove values its shoreline as an irreplaceable sensitive resource area, and its preservation as a natural living shoreline is a matter of public importance.
In March of 2020, the California Coastal Commission certified the City’s Local Coastal Program (LCP) and approved several amendments in 2021. The primary objectives of the Pacific Grove LCP are to protect and maintain the City’s unique natural setting and character and to promote orderly development. As such, the LCP is a dynamic plan that must be amended from time to time to align with the City’s needs to protect sensitive natural resources and balance the impact of development, human activity, and the preservation of its living shoreline.
In 2019, the City assembled a temporary Coastal Wildlife Protection Advisory Committee, made up of local coastal resource and wildlife experts, to identify threats to important coastal wildlife. The Committee prepared a report for the City Council’s consideration of recommendations intended to strengthen policies and requirements for coastal wildlife protection, including several LCP amendments identified as essential to coastal wildlife protection. A summary of the committee’s recommendations are as follows:
• Decrease human disturbance by reducing access to rocky outcrops and sensitive wildlife breeding areas, both year-round or seasonally, especially in the “Areas of Special Interest” (see Attachment A).
• Remove problematic non-native plans in coastal areas and replace them with native plans, essentially extending the restored Asilomar State Beach dunes and rocky shore habitat north and northeast along the Pacific Grove shoreline.
• For coastal development, use soft engineering alternatives (beach nourishment, dune restoration, and etc.) described in the 2012 Evaluation of Erosion Mitigation Alternatives for Southern Monterey Bay instead of hard engineering approaches (seawalls and riprap) where practicable. • Replace lost coastal wildlife habitat through habitat restoration with the goal of no net loss of habitat.
• Move major infrastructure (roads, sewer lines, utilities) farther inland from City shorelines in a managed retreat from sea level rise.
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• Consolidate the various City regulations related to wildlife and natural habitat protection and prepare additional protective measures to complete one comprehensive ordinance. • Support existing coastal interpretive programs and community science programs and/or implement additional stewardship and docent programs that foster public understanding and commitment for conservation measures that preserve the City’s native coastal wildlife. • Establish and fund a conservation officer and/or dedicated wildlife commission for planning, promoting, executing, and monitoring progress of City strategies for preserving and optimizing the unique coastal wildlife and associated habitats that characterize the City’s shoreline.
The City has published a separate but companion RFP seeking qualified individuals or firms with an understanding of citywide wildlife and habitat protection regulations, programs, and public education.
This companion project will implement the programmatic and staffing recommendations of the City’s Beautification and Natural Resources Commission and Coastal Wildlife Protection Advisory Committee regarding wildlife and habitat protection. It is expected that the wildlife and habitat protection program to be created through the companion RFP will include applicable enforcement and public education activities for coastal wildlife and habitat protection in the coastal zone.
SCOPE OF SERVICES
The City of Pacific Grove seeks a qualified individual or firm with an understanding of coastal development regulations and local coastal program amendments for approval by the California Coastal Commission. This project will include the following services:
1) Project management and coordination, including coordinating with the California Coastal Commission and the consultant selected to develop a city-wide wildlife and habitat protection program;
2) Identification of impact topics to be addressed in the LCP; 3) Preparation of draft amendments to the City’s LCP;
4) Community outreach and input;
5) Preparation of final amendments to the City’s LCP;
6) Management of the City LCP amendment approval process and California Coastal Commission certification process, including preparing staff reports, presentations, and associated correspondence;
7) Maintenance of an administrative record of all research performed, correspondence (written, verbal, and electronic), project notes, meeting notes, and other documentation; and 8) Staff training on amendment implementation.
The required work products expected and the number of copies of each required by the City are as follows:
Work Product Number of copies
Final Scope of Work 1 Word + 1 PDF
Draft LCP Amendments 1 Word + 1 PDF
Public Outreach Plan 1 Word + 1 PDF
Final LCP Amendments 1 Word + 1 PDF
Administrative Record Electronic/scanned Files
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PRELIMINARY WORK PROGRAM
A preliminary work plan has been developed for this RFP to assist in the preparation of a more complete proposal that addresses the Coastal Wildlife Protection Advisory Committee’s report (Attachment A).
Proposals must include this information at a minimum, and proposers may include additional recommendations in their approach to the work that would mitigate threats to coastal wildlife and the implement the recommendations of the Coastal Wildlife Protection Advisory Committee. At this time, it is expected that the following issues will be addressed in the LCP amendment:
Implementation Plan. Expand implementing actions to carry out the Coastal Wildlife Protection Advisory Committee’s goals, policies, and recommendations pertaining to coastal wildlife protection. Update existing and prepare new graphics, maps, and exhibits as appropriate.
Natural Systems and Resource Management. Develop strategies to minimize and mitigate coastal bluff erosion and sea level rise. Update existing and prepare new graphics, maps, and exhibits as appropriate.
Water and Marine Resources. Add specificity with respect to buffer zones, ecological integrity, restoration of natural systems, and protection of marine and aquatic resources. Update existing and prepare new graphics, maps, and exhibits as appropriate.
Scenic Resources. Update to show additional scenic areas identified by the Coastal Wildlife Protection Advisory Committee. Update existing and prepare new graphics, maps, and exhibits as appropriate.
Biological Resources and Environmentally Sensitive Habitat Areas. Amend to address habitat and biological sensitivity and develop policies to guide the City in protecting Pacific Grove’s biodiversity.
Update existing and prepare new graphics, maps, and exhibits as appropriate.
Built Environment. Require visual access to coastal and scenic resources. Update existing and prepare new graphics, maps, and exhibits as appropriate.
Shoreline Management Plan. Develop and apply for California Coastal Commission approval of a shoreline management plan that implements Land Use Plan policies HAZ-6, INF-24, and PRA-4.e.
Miscellaneous. Develop recommendations and policies to respond to the following coastal wildlife disturbances or hazards:
• Light pollution and bird strikes
• Pond and creek water quality
• Black oyster catcher protection protocol
• Other measures that advance the Coastal Wildlife Protection Advisory Committee’s recommendations
PROPOSAL SUBMITTAL REQUIREMENTS
All proposals shall include the following minimum information:
Cover letter. Indicate interest in and commitment to performing the above services for the City of Pacific Grove. Include contact information (physical address, phone number, and email address) for the primary person responsible for the proposal and serving as the primary contact for the City on correspondence PGCC 7-19-23
and communications. The cover letter should also summarize the key points of the consulting firm’s interests and qualifications.
Relevant Experience. List projects completed by the consultant relevant to the scope of services contained herein that have been completed in the last seven (7) years. Discuss the firm’s experience to best perform these services for the project, and provide at least one sample of similar work in electronic format prepared by the consultant or staff assigned.
Project Approach, Scope of Work, Timeline, and Deliverables. Describe the strategy for achieving the goals and deliverables of the project. Include a detailed scope of work, noting applicable deliverables identified in the RFP Preliminary Work Plan. Outline the proposed approach to services contemplated, including a general timeline demonstrating successful completion of the services.
Estimated Fee and Budget. Provide a fee schedule with the hourly billing rates for each proposed team member and a budget estimate. Include all direct and indirect costs and transportation fees. The budget estimate shall be organized and broken down by each task outlined in the scope of work.
Attachments
Local Coastal Program
Land Use Plan and Implementing Ordinances dated January 15, 2020 Temporary Coastal Wildlife Protection Advisory Committee (CWPAC) Report CWPAC Proposed Local Coastal Program Amendments to Implement PGCC 7-19-23
Request for Proposals
Coastal Wildlife Protection Policies, Regulations, and Program The City of Pacific Grove, California, seeks the services of a professional consultant to:
1) Prepare a consolidated Wildlife and Natural Habitat Protection Ordinance to include the City’s Municipal Code; and
2) Develop a framework for a Wildlife Protection Program to include a protection plan, program development phasing, measurable benchmarks, monitoring, enforcement, staffing, and public education activities.
BACKGROUND
Pacific Grove is a coastal community sharing borders with the Monterey Bay, City of Monterey, Pacific Ocean, and the Del Monte Forest. Pacific Grove values its shoreline as an irreplaceable sensitive resource area, and its preservation as a natural living shoreline is a matter of public importance.
In March of 2020, the California Coastal Commission certified the City’s Local Coastal Program (LCP) and approved several amendments in 2021. The primary objectives of the Pacific Grove LCP are to protect and maintain the City’s unique natural setting and character and to promote orderly development. As such, the LCP is just one of many tools the City’s needs to protect sensitive natural resources and balance the impact of development, human activity, and the preservation of its living shoreline.
In 2019, the City assembled a temporary Coastal Wildlife Protection Advisory Committee, made up of local coastal resource and wildlife experts, to identify threats to important coastal wildlife. This temporary Committee collaborated with the City’s Beautification and Natural Resources Commission to prepare a report (Attachment A) for the City Council’s consideration of recommendations intended to strengthen policies and requirements for wildlife protection with an emphasis on coastal wildlife and habitat protection. A summary of the committee’s recommendations are as follows:
• Decrease human disturbance by reducing access to rocky outcrops and sensitive wildlife breeding areas, both year-round or seasonally, especially in “Areas of Special Interest”. • Remove problematic non-native plans in coastal areas and replace them with native plans, essentially extending the restored Asilomar State Beach dunes and rocky shore habitat north and northeast along the Pacific Grove shoreline.
• For coastal development, use soft engineering alternatives (beach nourishment, dune restoration, and etc.) described in the 2012 Evaluation of Erosion Mitigation Alternatives for Southern Monterey Bay instead of hard engineering approaches (seawalls and riprap) where practicable. • Replace lost coastal wildlife habitat through habitat restoration with the goal of no net loss of habitat.
• Move major infrastructure (roads, sewer lines, utilities) farther inland from City shorelines in a managed retreat from sea level rise.
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• Consolidate the various City regulations related to wildlife and natural habitat protection and prepare additional protective measures to complete one comprehensive ordinance. • Support existing coastal interpretive programs and community science programs and/or implement additional stewardship and docent programs that foster public understanding and commitment for conservation measures that preserve the City’s native coastal wildlife. • Establish and fund a conservation officer and/or dedicated wildlife commission for planning, promoting, executing, and monitoring progress of City strategies for preserving and optimizing the unique coastal wildlife and associated habitats that characterize the City’s shoreline.
The City has published a separate but related RFP seeking qualified individuals or firms with an understanding of coastal development regulations to prepare local coastal program amendments. These amendments will implement the Coastal Wildlife Protection Advisory Committee’s report and recommendations regarding disturbances and hazards to coastal wildlife and habitats in the City’s coastal zone. It is expected that this program will include applicable enforcement and public education activities for coastal wildlife and habitat protection in the coastal zone.
SCOPE OF SERVICES
The City of Pacific Grove seeks a qualified individual or firm with an understanding of wildlife and habitat protection regulations, programs, and public education. This project will include the following services:
1) Project management and coordination, including with the Beautification and Natural Resources Commission, Coastal Wildlife Protection Advisory Committee, and the consultant selected to prepare the local coastal program amendments;
2) Identification of all existing city, county, and state wildlife protection regulations; 3) Preparation of a draft program and draft consolidated wildlife protection ordinance outside of the coastal zone;
4) Preparation of a comprehensive report describing the use of Community Service Officers to provide wildlife protection, code enforcement services, and public educational services throughout the entire city, as well as the desirable education and experience of well-qualified individuals to fulfill these duties;
5) Community outreach to include coordination with the City’s Beautification and Natural Resources Commission, community and environmental stakeholders, and the general public; 6) Preparation of a final program and consolidated wildlife protection ordinance outside of the coastal zone;
7) Management of the program and consolidated ordinance approval process, including preparing staff reports, presentations, and associated correspondence;
8) Maintenance of an administrative record of all research performed, correspondence (written, verbal, and electronic), project notes, meeting notes, and other documentation; and 9) Staff training on the program and ordinance requirements.
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The required work products expected and the number of copies of each required by the City are as follows:
Work Product Number of copies
Final Scope of Work 1 Word + 1 PDF
Draft program and ordinance 1 Word + 1 PDF
Public Outreach Plan 1 Word + 1 PDF
Final program and ordinance 1 Word + 1 PDF
Administrative Record Electronic/scanned Files
PRELIMINARY WORK PROGRAM
A preliminary work plan has been developed for this RFP to assist in the preparation of a more complete proposal that addresses the Coastal Wildlife Protection Advisory Committee’s report (Attachment A).
Proposals must include this information at a minimum, and proposers may include additional recommendations in their approach to the work that would mitigate threats to wildlife city-wide and implement the recommendations of the Beautification and Natural Resources Commission and Coastal Wildlife Protection Advisory Committee. At this time, it is expected that the following issues will be addressed in the development of a consolidated ordinance and a wildlife protection program with particular emphasis on activities outside the coastal zone:
Ongoing Disturbance of Wildlife. Develop policies, regulations, and appropriate enforcement measures (including documentation and penalties) to mitigate adverse impacts to wildlife caused by a variety of human impacts, including feeding wildlife, drone/aircraft activities, domestic pets, beachgoers, watercraft, noise, and unlawful resource extraction.
Pollution. Develop policies, regulations, and appropriate enforcement measures (including documentation and penalties) to protect wildlife from threats related to pollution, including food waste, cigarettes, plastic, domestic pet waste, and city infrastructure systems.
Protection of Species. Develop policies, regulations, and appropriate enforcement measures (including documentation and penalties) to protect plant and animal species under frequent or constant threat by development, foot traffic, non-native plant species, and other threatening activities.
Problematic Species. Develop policies, regulations, and a removal workplan framework to mitigate impacts of non-native plants and nuisance wildlife. Regulations are expected to include a prohibited planting list for private property.
Areas of Special Interest. Develop policies, regulations, and appropriate enforcement measures (including documentation and penalties) tailored to the specific habitat protection needs of six areas of special interest – Hopkins Marine Station, Lover’s Point, Point Pinos, the Great Tidepool, Asilomar North, and Asilomar South.
Protection Plan. Develop a wildlife protection program that establishes appropriate processes and procedures for measuring program success, monitoring and enforcing activities (such as a citation appeal process), updates to the City’s wildlife protection regulations, and staffing needs for program implementation and enforcement.
Program Staffing. Develop a report identifying the education, experience, and skillset necessary to implement and enforce wildlife protection throughout the entire City, including the coastal zone. This PGCC 7-19-23
report should consider the limited staff resources and budget constraints of the City. Ideally, staffing would include the use of Community Service Officers to for implementation and enforcement in the short-term with an opportunity to create a position dedicated solely to this Program.
Public Education and Outreach. Identify appropriate public education needs, approaches, and methods to promote awareness of human impacts to Pacific Grove’s wildlife and habitat diversity and protection needs. Approaches and methods could include signage, interactive exhibits, classroom and library education, volunteer opportunities, etc.
PROPOSAL SUBMITTAL REQUIREMENTS
All proposals shall include the following minimum information:
Cover letter. Indicate interest in and commitment to performing the above services for the City of Pacific Grove. Include contact information (physical address, phone number, and email address) for the primary person responsible for the proposal and serving as the primary contact for the City on correspondence and communications. The cover letter should also summarize the key points of the consulting firm’s interests and qualifications.
Relevant Experience. List projects completed by the consultant relevant to the scope of services contained herein that have been completed in the last seven (7) years. Discuss the firm’s experience to best perform these services for the project, and provide at least one sample of similar work in electronic format prepared by the consultant or staff assigned.
Project Approach, Scope of Work, Timeline, and Deliverables. Describe the strategy for achieving the goals and deliverables of the project. Include a detailed scope of work, noting applicable deliverables identified in the RFP Preliminary Work Plan. Outline the proposed approach to services contemplated, including a general timeline demonstrating successful completion of the services.
Estimated Fee and Budget. Provide a fee schedule with the hourly billing rates for each proposed team member and a budget estimate. Include all direct and indirect costs and transportation fees. The budget estimate shall be organized and broken down by each task outlined in the scope of work.
Attachments
Local Coastal Program
Land Use Plan and Implementing Ordinances dated January 15, 2020 Temporary Coastal Wildlife Protection Advisory Committee (CWPAC) Report CWPAC Proposed Local Coastal Program Amendments to Implement PGCC 7-19-23
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: Ben Harvey, City Manager
MEETING DATE: July 19, 2023
SUBJECT: Small Business Recovery Action Plan This item was continued from the Council's July 5, 2023 meeting.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive the attached recommended implementation plan, and provide staff with direction for action items of interest.
1. 2. Alternatively, discuss and take other action related to this item.
DISCUSSION
At the City Council Meeting on December 7, 2022, staff was directed to provide additional details pertaining to the Small Business Recovery Action Plan (SBRAP) recommendations, including cost and timeline for implementation. Staff prepared a plan for implementation with the additional components and brought it to the Economic Development Commission (EDC) at its May 11, 2023 meeting. The EDC approved the recommendations, except for the Shop Local Digital Gift Card Program. The resulting comprehensively revised implementation plan is attached for the City Council’s review, and direction for any action items of interest.
The City Manager, The Pacific Grove Chamber of Commerce and HdL feel that the Shop Local Digital Gift Card Program deserves an audience in front of the City Council. Accordingly, the Shop Local Digital Gift Card Program will be brought separately for City Council consideration at the July 19, 2023 meeting.
The implementation plan included with this report outlines the SBRAP’s recommended action items along with several recommendations made by the City Council in December 2022. The implementation plan includes the following:
1. Recommended action items
Recommendation status (complete, in progress, or not started) & timeline (1-time event, monthly, quarterly, or ongoing)
2. Start date / budget or fiscal year (If the item has not yet begun, start date and budget or fiscal year are anticipated)
3. 4. Funds required
5. Action item lead(s) (including City staff, Chamber of Commerce, Economic Development PGCC 7-19-23
Commission, and HdL Companies)
6. Additional notes and descriptions of the recommended action item Staff asks that the City Council review the attached EDC-revised implementation plan and associated funding requirements and direct staff to proceed with action items of interest. Alternatively, the City Council could discuss the attached implementation plan and direct staff to take action on matters related to this item.
OPTIONS
1. Take no action.
2. Provide alternate direction.
FINANCIAL IMPACT:
There is no financial impact in receiving the report; should the City Council to proceed with action items of interest, corresponding funds required for each action item is listed within the implementation plan attachment to this agenda report.
FOCUSED PRIORITY AREA: Not Applicable.
Attachments
Small Business Recovery Action Plan
SBRAP Implementation Items
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Pacific Grove Small Business Recovery Action Plan – Implementation Items Updated 6/27/2023
Action Item Status &
timeline
Start date /
Budget year
Funds
required
Lead(s) Notes / Description
1. Establish one-day/ week
Economic Development
Coordinator
Complete
Ongoing
7/1/2022
FY 22-2023
$0 Laurel Laurel O'Halloran was designated as the ED Coordinator in late 2022 and dedicates Wednesdays to this work. Review at end of FY 2023 to determine need to expand the position.
2. Monthly business spotlight
at EDC meetings
In progress
Monthly
10/1/2022
FY 22-2023
$0 Chamber,
City, EDC
Chamber of Commerce has been inviting businesses to join the monthly EDC meetings as part of a Business Spotlight Program.
This program helps the EDC understand successes and
challenges for local businesses. Reports on the monthly spotlights will be given to the City Council in the form of the EDC Meeting Minutes as part of the consent agenda.
3. Launch Economic
Development webpage
(www.PickPG.org)
Complete
Ongoing
11/1/2022
FY 22-2023
$5,000
(already
spent)
Nikita, EDC,
Chamber
Website launched in 2022 and will be continuously monitored and updated by the City and Chamber (available property listing). The website will serve as a resource center for existing and potential businesses. EDC budgeted for marketing site.
4. Move EDC costs into one City
Department (Economic
Development)
Complete 3/1/2023
FY 22-2023
$0 Ben Request by City Council – a distinct line item for Economic Development related costs was created for the City Budget
5. Hold quarterly broker
luncheons
In progress
Quarterly
3/30/2023
FY 22-2023
$750 Ben & Laurel,
HdL
Q1-2023 luncheon was held 3/31/2023. 14 people joined,
including 7 real estate professionals (3 of which are brokers), 1 economic development professional from California State University of Monterey Bay, 3 council members, 2 EDC
members, the Chamber president, as well as Ben & Laurel.
Luncheons will be planned quarterly based on availability of local brokers. Council Members will be included (3 per
meeting) on a rotating schedule.
6. Quarterly Economic
Development reports Council
Not Started
Quarterly
Q1-2024
FY 23-2024
$0 Ben, Laurel,
HdL
Starting Q1-24, the City Manager will do a quarterly Economic Development update to Council.
7. Initiate a business visitation
program
Not started
Monthly or
bi-monthly
Q1-2024
FY 23-2024
$0 Ben & Laurel,
Chamber, EDC
Schedule 1-2 business visits per-month or bi-monthly, rotating the focus each month. Introduce city staff to business owners, get ahead of any issues, talk about success / challenges.
Potential to set up a request page on PickPG.org for businesses to request a visit.
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Pacific Grove Small Business Recovery Action Plan – Implementation Items Updated 6/27/2023
Action Item Status &
timeline
Start date /
Budget year
Funds
required
Lead(s) Notes / Description
8. Create restaurant event
series
Not started
1 event per
year
Q2-2024
FY 23-2024
- Ben & Laurel,
HdL, local
restaurants,
Chamber
HdL is going to bring a restaurant series or restaurant week concept to the EDC in Summer 2024 for consideration. The last restaurant week occurred in June 2019. Additional research is needed on potential funds required. A future restaurant series could be bundled with a shop local digital gift card program promotion, explained below.
9. Launch a shop local digital
gift card program (Yiftee)
with a Buy-One-Get-One
(BOGO) free component
Not started
Ongoing
Q1-2024
FY 23-2024
$30,000 Ben & Laurel,
HdL, Chamber
Concept review agenda report scheduled for City Council review 7/19/23.
10. Continue the Parklet
program
In progress
Ongoing
FY 22-2023 $0 City Council
Subcommittee
At 6/21/2021 Council Meeting, the City Council continued the City Council subcommittee allocated funding for infrastructure improvement and requested initiation of design engineering effort.
11. Continue Storefront &
Parklet Façade Improvement
Program
In progress
1 event per
year
FY 23-2024 $25,000 Laurel,
Planning
Commission
Continue to provide 5 or more up to $5,000 grants per year, consider increasing program amount to offer more grants or more money for same amount of grantees. Parklets are now included in façade improvement grant program.
12. Create a music series event Not started
1 per year
Q2-2024
FY 2023-24
$15,000 Ben & Laurel,
Chamber,
KRML
Concept review agenda report forthcoming to EDC.
13. Explore vacant storefront
activation program &
continue researching RFI
In progress
Ongoing
FY 2023-24 $0 HdL, City, EDC HdL and City continuing to search for angel tenant to support master lease for maker’s space.
14. Design new shop Pacific
Grove street pole banners
Not started Q2-2024
FY 23-2024
$25,000 Chamber, Ben
& Laurel, HdL
HdL to complete additional research to take recommendation to EDC, then Council. The City has 69 total banner poles (4 missing the horizontal brackets to hold the poles). The City has a calendar for placement on Lighthouse, but there are poles on Central, Forest, and David not included in this. Sunset has no banner poles. The Chamber has worked with Mary Trucksis for banners, 12/2022 fabric banners pricing up 50%. Design
banners in preparation for 2024 release. Banners to last for 6- 10 years. $25K would cover banner costs, installation, and broken bracket repair
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Pacific Grove Small Business Recovery Action Plan – Implementation Items Updated 6/27/2023
Action Item Status &
timeline
Start date /
Budget year
Funds
required
Lead(s) Notes / Description
15. Monterey trolley to
Downtown Pacific Grove
Additional research required. Ben & Laurel to lead.
Council Member Colletti to bring concept review agenda report in Q1-2024.
16. Capital Improvement
Projects for downtown PG
Additional research and estimates for downtown infrastructure repairs and improvements. Consider sidewalks, tree wells.
Ben, Laurel, & HdL to research.
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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: Chaps Poduri, Councilmember
MEETING DATE: July 19, 2023
SUBJECT: Energy Savings Assessment & Resiliency This item was continued from the Council's July 5, 2023 meeting.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Adopt a Resolution Authorizing the City Manager to Direct Engie Services U.S. to Perform an Integrated Energy Savings Assessment of City-Owned Building for Potential Solar Photovoltaic System Implementation, and Grant Fund Sourcing.
1. 2. Alternatively, discuss and take other action related to this item.
DISCUSSION
Massive power outages have affected residents over the course of the past few months. This has underscored the need for alternative and resilient energy sources.
Council goals align with environmental stewardship and climate action and adaptation is a primary goal of the present council.
Engie’s business model is the development and implementation of turn-key energy savings projects.
The utility savings generated from the project is used to offset the cost of the project while providing realized savings. Engie performs the grant funding research and sourcing, development, design, construction, and performance guarantee of energy projects.
Engie had previously performed an assessment for the City in 2015. This agenda item is to restart the 2015 conversations, take into considerations new forms of renewable sources and storage needs that are in the market today and develop a plan for the future thereby addressing community, council and environmental needs.
The energy assessments are performed with no cost to the City. Following the assessment, the Council can evaluate whether the City wishes to retain Engie for future services.
OPTIONS
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1. Take no action.
2. Provide alternate direction.
FINANCIAL IMPACT:
There is no financial impact in adopting a resolution with Engie Services U.S. to proceed with a no-cost energy and facilities assessment of all City-owned facilities.
GOAL ALIGNMENT: Infrastructure
Attachments
Engie Services Resolution
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RESOLUTION NO. 23-xxxx
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE AUTHORIZING THE CITY MANAGER TO DIRECT ENGIE SERVICES U.S. TO PERFORM AN INTEGRATED ENERGY SAVINGS ASSESSMENT OF CITYOWNED BUILDINGS FOR POTENTIAL SOLAR PHOTOVOLTAIC SYSTEM
IMPLEMENTATION, AND GRANT FUND SOURCING
WHEREAS, the City Council of the City of Pacific Grove desires to become more energy sustainable through the reduction of costs of meeting the energy needs of its building facilities; and
WHEREAS, ENGIE Services U.S. is an energy services and solutions company with the technical and management capabilities and experience to perform an integrated energy assessment and to identify energy conservation solar photovoltaic measures; and WHEREAS, City desires ENGIE Services U.S. to perform an energy savings assessment on city-owned facilities, and to deliver recommendations identifying electrical energy improvements for potential installation at these building facilities as well as perform the grant sourcing which may be used to offset the cost of such projects; WHEREAS, the primary purpose of the energy savings assessment and the recommendations is to provide an engineering and economic basis for the potential implementation of energy-saving solar photovoltaics identified in the recommendations; and WHEREAS, based on the outcome of the energy savings assessment, at a near-future City Council meeting staff may bring forth for City Council's consideration a recommendation to proceed with an energy savings project agreement with ENGIE Services U.S for the implementation of such energy-saving measures.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pacific Grove authorizes the City Manager to direct ENGIE Services U.S. to perform an integrated energy savings assessment of City-owned building facilities for potential solar photovoltaic system implementation, and grant fund sourcing.
I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Pacific Grove, held on the 5th day of July 2023 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Sandra Kandell, City Clerk
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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: Ben Harvey, City Manager
MEETING DATE: July 19, 2023
SUBJECT: City Public Information and Community Engagement through Social Media This item was continued from the Council's July 5, 2023 meeting.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive the report, and provide direction to City staff regarding the City Public Information and Community Engagement through Social Media effort.
1. 2. Alternatively, discuss and take other action related to this item.
DISCUSSION
What is City public information and community engagement through social media? City public information is community and municipal news, public safety updates, clarification, data, records and documents related to City services, programs and offerings provided to the public. The City strives to engage the community through social media to generate awareness, interest and involvement in a transparent and accessible manner. Social media is used as one of the primary platforms to accomplish this sharing of information and engagement of the community.
Examples of City public information and community engagement through social media for 2023 are attached to this agenda report.
Why is the use of social media for public information and community engagement important to the City of Pacific Grove?
Public Information through social media allows for direct engagement with the public.
Information is pushed out through social media channels such as Facebook and Instagram directly into public feeds that are available via smartphone, tablet and/or personal computer.
Using social media for public formation provides the City of Pacific Grove with the capability for real-time dissemination of information. In times of emergency, or unfolding/updating situations, information and updates may be posted instantly, providing immediate public updates. It does not require printing, posting or refreshing a website or email inbox.
City social media channels create forums allowing the City to receive feedback. The public is able to enter comments and ask questions about information that is published. The City is able to immediately view these comments and questions and reply (if appropriate), add to the information that is posted, or modify the message accordingly.
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when posted on social media. The Federal Government, State Government, Monterey County, regional special districts, etc. all post public information on social media.
The public may easily share information obtained on social media; messages are more easily spread to a greater audience.
Social media posts may be as finite or infinite as desired; graphics, videos, images, charts, graphs, etc. are easily shared to better illustrate information, advise of a problem or situation or offer a demonstration of a solution. "Deep dives" for additional information on a topic are easily handled through an accompanying URL.
Social media public information posts allow for flexibility and adaptability; messages may be quickly modified to respond to an updated circumstance.
One of the City Council's Core Values is Collaboration. The City Council pledges to promote transparent engagement with citizens and stakeholders and expect our managers and consultants to understand the needs and values of our community.
A little under half (48%) of U.S. adults say they get news from social media “often” or “sometimes”. Pew Research
More than eight-in-ten U.S. adults (86%) say they get news from a smartphone, computer or tablet “often” or “sometimes”, including 60% who say they do so often. Americans turn to radio and print publications for news far less frequently, with half saying they turn to radio at least sometimes (16% do so often), and about a third (32%) saying the same of print (10% get news from print publications often). Reference: Pew Research How does the City currently manage its public information and community engagement effort through social media?
From February - June 30, 2023, the City was under contract with Tripepi Smith to manage all aspects of public information and community engagement through social media. Prior to that, the City relied upon the part-time oversight of its public information and community engagement effort through social media via the efforts of the former Police Administrative Services Manager/Public Information Officer.
As of the date that this report is presented to the City Council, the City no longer is under contract with Tripepi Smith. The only public information and community engagement through social media is through occasional de-centralized efforts from the Police, Library and Recreation departments/functions as their respective staff and workload allows for items specifically germane to those City departments/functions (Police, Library and Recreation information, services and program offerings).
What options does the City have to manage its social media effort going forward, and what are the anticipated timelines and costs?
Contracting with a firm or individual: This option would allow for subject matter expertise, knowledge of industry best practices, bandwidth for quick turn-around for updates, and robust monitoring. It would also allow the City to avail itself of graphic design services, public information expertise and relevant experience from other local governments. The expense of contracting with an individual or firm for this function is estimated to be approximately $70,000 - $100,000/annually. The anticipated timeline for selecting this option and implementing a solution could be as short as 30 days (it will require City Council action).
Hiring a full-time employee: This option would allow for a dedicated City employee to oversee the function. There would be some limitations to monitoring and updates (based upon the employee's work schedule), and the City would incur an additional full-time head count expense (salaried employee with full benefits). This would require the hiring of a Management Analyst classification (or higher); an estimate for the annual cost including benefits would be approximately $150,000. The anticipated timeline for selecting this option and implementing a solution will require approximately 90-120 days, allowing for City Council authorization of a position, recruitment, interview, selection, background and onboarding processes.
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Hiring a part-time employee: This option would allow for limited functional oversight, monitoring and updating. This would require the hiring of a 20-hour/week Management Analyst (non-benefitted); an estimate for the annual cost would be approximately $50,000. The anticipated timeline for selecting this option and implementing a solution will require approximately 90-120 days, allowing for City Council authorization of a position, recruitment, interview, selection, background and onboarding processes. This option presents concerns as to the availability of qualified candidates (in other words, the City may not be able to fill this role with a part-time position).
Taking no action: This option would leave the City with limited public information and community engagement through social media, with occasional updates only coming from the Police, Library and Recreation functions as staffing and workload allows, for items that are germane to their specific functions only.
OPTIONS
Direct City staff to return with a professional services agreement for Tripepi Smith for public information and community engagement through social media.
1. Direct City staff to launch a request for proposal (RFP) effort for public information and community engagement through social media, and return to City Council with a recommendation.
2. Direct City staff to propose the addition of a full-time or part-time City staff member to oversee the City's public information and community engagement through social media effort.
3. 4. Propose alternate direction.
5. Take no action.
FINANCIAL IMPACT:
There is no financial impact in receiving the report and providing City staff with direction to return for potential future City Council consideration and action.
FOCUSED PRIORITY AREA: Not Applicable.
Attachments
City PI and Community Engagement through Social Media Examples 2023 PGCC 7-19-23
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Agenda No. 12 E
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Sandra Kandell, City Clerk
MEETING DATE: July 19, 2023
SUBJECT: League of California Cities (LoCC) Annual Conference Voting Delegate and Alternate(s) This item was continued from the Council's July 5, 2023 meeting.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Discuss, designate, and adopt by resolution a voting delegate and up two alternates to represent the City on policy matters at the League of California Cities (LoCC) Annual Conference on September 20-22.
1. 2. Alternatively, discuss and take other action related to this item.
DISCUSSION
At its June 7, 2023 meeting, Council adopted by resolution City Council Policy 000-29 setting forth an annual process for selecting a voting delegate and up to two alternates to attend the LoCC Annual Conference, participate in the business meeting, and vote on behalf of the City.
The League of California Cities will hold its 2023 Annual Conference from September 20-22, in Sacramento, California. During the conference business meeting, the authorized delegate from the City may represent the City’s interests to vote on and approve League policy. The delegate shall attend the conference to represent and vote on behalf of the City of Pacific Grove. If the selected voting delegate cannot attend, the designated alternate may exercise voting authority.
The League requires each city seeking to vote on matters to authorize by resolution its Mayor or other elected officials to formally represent the city, participate in the business meeting, and vote on behalf of the city.
Cal Cities membership considers and acts on resolutions that establish Cal Cities policy. Policy issues are determined annually by the League Board in late summer at which time staff will return to Council for direction to the voting delegate/alternate(s).
OPTIONS
N/A
FINANCIAL IMPACT:
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Funding for City Council conference attendance and travel was allocated for within the adopted Fiscal Year 23-24 budget.
FOCUSED PRIORITY AREA: Not Applicable.
Attachments
1 2023 Voting Delegate Packet
2 Proposed Resolution
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DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.
New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.
Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Council Action Advised by August 28, 2023
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Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:
Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly PGCC 7-19-23
General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
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2023 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.
To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _______________________________
Email: ______________________________
3. VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _____________________________
ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).
Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.
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Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.
The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.
Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.
Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.
Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.
Potential Cal Cities bylaws amendments are also
considered at this meeting.
Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.
General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.
What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).
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1 RESOLUTION NO. 23-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC
GROVE APPOINTING A VOTING DELEGATE AND ALTERNATE TO
THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
FINDINGS
1. The City of Pacific Grove is a full voting member of the League of California Cities (League);
2. The League takes positions on matters affecting cities throughout the state, including but not restricted to sponsoring legislation, taking joint positions on pending legislation, the placing voters’ initiatives on the ballot;
3. The Board of Directors of the League of California Cities places matters for the cities’ collective consideration on the agenda for the business meeting at the League’s annual conference;
4. The League requires each city seeking to vote on those matters to authorize by resolution its Mayor or other elected officials to formally represent the city, participate in the business meeting, and vote on behalf of the city;
5. This resolution is in accordance with, and does not conflict with, existing City laws and regulations and applicable Government Code provisions, and
6. This action does not constitute a “Project” as that term is defined under the California Quality Act (CEQA), CEQA Guidelines Section 15378 as it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE:
1. The City Council determines that each of the findings set forth above is true and correct, and by this reference incorporates those findings as an integral part of this Resolution.
2. The City of Pacific Grove hereby appoints _______________ as voting delegate with ______________ and _______________ as alternate voting delegates to the League of California Cities annual conference in Sacramento, California.
3. The City of Pacific Grove City Clerk, or designee, is authorized to inform the League of the above appointments.
4. This resolution shall take effect immediately following passage and adoption.
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2 PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this 7 th day of July, 2023, by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
BILL PEAKE, Mayor
ATTEST:
DATED:____________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
BRIAN A. PIERIK, City Attorney
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Agenda No. 12 F
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Anastacia Wyatt, Community Development and Ben Harvey, City Manager MEETING DATE: July 19, 2023
SUBJECT: Concept Review: Housing Proposal, APN 006-284-015-000 (City Parking lot located on Fountain Avenue between Lighthouse Avenue and Laurel Avenue) CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Determine if the City Council would like to initiate negotiations for an affordable housing concept proposal on APN 006-284-015-000 (City Parking lot located on Fountain Avenue between Lighthouse Avenue and Laurel Avenue); or
1. 2. Alternatively, discuss and take other action related to this item.
DISCUSSION
The City received unsolicited interest from a local housing developer, Silverie Properties, LLC, to purchase or lease City-owned property, APN 006-284-015-000 (City Parking lot located on Fountain Avenue between Lighthouse Avenue and Laurel Avenue) for the purpose of developing affordable housing to help the City meet its Regional Housing Needs Allocation (RHNA) requirements determined by the California Department of Housing and Community Development (HCD).
Background
The subject property is located at the northeast intersection of Fountain Avenue and Laurel Avenue (see attached map), behind the Lighthouse Cinema at 525 Lighthouse Avenue. It is approximately 0.88 acre and currently improved with a surface parking lot that provides 109 public parking spaces. The use of this lot is governed under City Council Policy 100-5: Parking Lots-Permit Parking. Under Policy 100-5, the lot is named the Fountain Avenue Lot (Lot #1), located on the north side of Laurel Avenue between Fountain and 15th Street. A total of 10 permits are authorized by the City in this lot. Five permits are authorized for commercial businesses and an additional five permits are authorized for residential parking for neighboring residents who have no off-street parking. Permits are valid in the three most southern parking rows nearest Laurel Avenue. Parking is on a "first come, first served" basis; there are no reserved parking spaces. Currently, five spaces are designated for commercial uses for Wilson's Plumbing and an additional five spaces are designated for residents of the 301 Grand Avenue development. Three of those spaces are designated for the very-low affordable housing units authorized through the Architectural Permit/Use Permit 19-0173 as modified and Resolution No. 19-027 passed and adopted by the Council on October 2, 2019.
Proposal
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Proposal
Silverie Properties, LLC (Developer) proposes to construct a mixed-income housing development (Proposal). The Proposal would require a public-private partnership between the developer, property owners of the existing Lighthouse Cinema, and the City. The Proposal's would require converting the existing cinema into market rate dwelling units at 525 Lighthouse Avenue, utilizing the existing water meter and a former residential use at 525 Lighthouse Avenue to connect the properties and develop Lot #1 to low and moderate income dwelling units.
In order to initially move forward with the affordable housing proposal, the developer has proposed that the City consider the following initial terms:
Donation of the property at a “zero cost” ($0.00) to the developer; and Donation of water credits needed to complete the proposed affordable project from the City’s Local Water Project.
Additional negotiating terms between the City and developer could be agreed upon through an Exclusive Negotiating Agreement (ENA) and eventually a Development and Disposition Agreement (DDA) for the City's property.
The following pertains to the City's parking lot:
Zoning. The property is zoned Downtown Commercial (C-D), which allows residential use of the property. Under the current zoning, the property could have a maximum of 24.62 units. Should the Council move forward with a concept to build a 100% affordable housing development on the lot, State laws may allow for density bonuses, parking concessions, and Streamlining through SB 35 and the Housing Accountability Act (HAA). A zoning amendment may also be necessary.
Parking. Parking is a consideration under the Proposal. It is unknown at this time how many parking spaces would be available to the public; however, the developer may not be able to or be required to ensure a 1:1 replacement of public parking in order to accommodate affordable housing on the lot. City staff is aware of a downtown parking district created in the early 1960s, and is working with the City Attorney’s Office to determine impacts to housing development on Lot #1.
Water. An existing water meter located at 525 Lighthouse could serve the property with water.
This would likely require an easement or lot merger, depending on requirements from California American Water (CalAm). It is estimated that the developer may need a minimum of 670 additional water credits from the City to serve an affordable housing project. It is unknown at this time if the property qualifies for participation in the City’s water credit program.
Theater. The proposed project would permanently close the existing theater and convert the theater into market rate housing units.
California Land Surplus Act. When the City sells or transfers property for development of affordable housing, the property is considered “exempt surplus land”, meaning that the Surplus Land Act procedural requirements are not applicable to the sale or transfer.
OPTIONS
1. Take no action.
2. Provide alternate direction.
FINANCIAL IMPACT:
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There is no financial impact in discussing a concept review item or directing staff to return at a future date with a proposed City Council agenda item.
FOCUSED PRIORITY AREA: Affordable Housing
Attachments
Pacific Grove Parcel Report
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Agenda No. 13 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Luke Coletti, Councilmember
MEETING DATE: July 19, 2023
SUBJECT: Pacific Grove Public Transportation - Past, Present, and Future CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive the report.
DISCUSSION
The Past:
Public transportation within Pacific Grove has a long and colorful history. Indeed, the first local public transportation service within Monterey County linked the Del Monte Hotel with the towns of Monterey and Pacific Grove. The service was operated by the Monterey and Pacific Grove Railway, which began operations as a horsecar line on August 5, 1891. In 1905, the service was electrified, and the horse drawn cars were converted into electric cars. The Railway discontinued operations on December 4, 1923.
Bay Rapid Transit provided bus service within Pacific Grove for the next 50 years, until Monterey Peninsula Transit took over in 1973. Around this same time, the City of Pacific Grove decided to use funds from a new state sales tax to begin its own bus system, which was named Mini-Monarch Transit.
Three 17-passenger minibuses were purchased and painted with orange and black wings to resemble monarch butterflies. Patronage grew quickly reaching around 100,000 passenger trips per year. In 1977, the original 17-passenger busses were replaced with a 25-passenger model. Even so, patrons at the time had to stand. In 1978, fares increased from 10 cents to 25 cents. In July 1978, the Pacific Grove City Council decided it could no longer afford the $20,000 per year operating subsidy and turned operation of the routes over to Monterey Peninsula Transit (see Attachment-1). Monterey Peninsula Transit became Monterey-Salinas Transit in 1981.
Many years later, a Pacific Grove Trolley was operated by Monterey-Salinas Transit during the tourist season (May-Sept). The service was only operational for three years: 2010-2012. There were 19,652 riders in 2011, the only year of uninterrupted operation. The service was subsidized by an Air District AB 2766 grant with additional subsidy coming from the PG Chamber (see Attachment-2). The Air District discontinued offering grants for transit operations which ultimately led to discontinuation of the Pacific Grove Trolley as the local Chambers could not justify continuing funding the service without outside subsidy based on the ridership.
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For the past 30 years, the Monterey Trolley (previously The WAVE) has been paid for by the City of Monterey who seeks out other funding partners like the Monterey Bay Aquarium to cover MST costs of operations and capital replacement. The Monterey Trolley currently uses 100% renewable biodiesel.
At its January 12, 2022, meeting the City Council certified the EIR and approved the use permit for the proposed 225 room ATC Hotel (see Council Resolution 22-001 and 22-002). EIR Mitigation Measure GHG-2.1 requires a Commute Trip Reduction/Transportation Demand Management Plan, which shall include, among other things, “extension or funding of MST Trolley.” The Present:
Monterey-Salinas Transit currently operates two routes within Pacific Grove. The Route-1 mini buses use gasoline, and the Route-2 buses use biodiesel.
At its February 1, 2023, meeting the City Council established an ad hoc Committee on Climate Action and Adaptation Planning. Councilmembers Coletti, McDonnell, and Poduri volunteered to serve on the Committee. At its April 18, 2023, meeting the Beautification and Natural Resources Commission approved the assignment of Commissioners McKenna, Myers, and Tibbs to the Committee. The Committee will become inactive once a Climate Action and Adaptation Plan is completed.
At its inaugural May 18, 2023, meeting the Committee received a preliminary report from the Association of Monterey Bay Area Governments (AMBAG) detailing the City’s greenhouse gas (GHG) emissions. The report states that transportation alone was responsible for 72.9% (80,987 metric tons) of GHG emissions in 2020 (see Attachment-3).
The AMBAG report does not include an analysis of GHG emissions due to visitor-based travel.
However, at their January 20, 2022, meeting Carmel’s Climate Committee reviewed a study that found visitor trips and second homes accounted for 67% of all vehicle miles travelled (VMT). The presentation included a recommendation to “Incentivize electric vehicles/buses by visitors.” It’s worth noting that the percentage of vacant housing units in Carmel (38.1%) is considerably higher than in Pacific Grove (17.3%), according to AMBAG’s 2022 Regional Growth Forecast. The level of vacant housing units for the AMBAG region is 8.9% (see 2020 values).
The Future:
In order to plan for real reductions in Greenhouse Gas Emissions, the City must select the appropriate model to analyze transportation trip type, and associated vehicle miles travelled. Expanding public transportation opportunities for both residents and visitors will almost certainly be necessary. Traffic congestion, parking, and the economic benefit of transporting visitors into our commercial areas must also be analyzed. The journey has just begun.
GOAL ALIGNMENT
Environmental Stewardship - Initiate and Complete a Climate Action Plan and Adaptation Plan.
OPTIONS
N/A
FINANCIAL IMPACT:
There is no fiscal impact in receiving the report.
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There is no fiscal impact in receiving the report.
GOAL ALIGNMENT: Not Applicable.
Attachments
1 - Trolleys of the Grove
2 - MST Launches New Trolley Service
3 - AMBAG Presentation PG Preliminary Greenhouse Inventory PGCC 7-19-23
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