Agenda packet — Pacific Grove City Council, September 6, 2023 (part 3 of 4)

Fire Hazard Reduction Zone
George Washington Park Forest Management Plan
SOURCE: Bing Maps 2021, Monterey County 0 200 400Feet
FIGURE 4
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Reforestation Zones
George Washington Park Forest Management Plan
SOURCE: Bing Maps 2021, Monterey County 0 200 400Feet
FIGURE 5
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Tree Planting Locations
George Washington Park Forest Management Plan
SOURCE: Bing Maps 2021, Monterey County 0 200 400Feet
FIGURE 6
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6.3 Trails Management
A trails management strategy and trail maintenance will be performed on the trail systems within the forested areas of the Park. The City has identified the two south/north trails that begin at the baseball field and end on the north side of the Park at Short Street as the Park’s official main trails. A connector trail, that begins at Alder Street and runs west to one of the main trails, is also part of the official trail system. The forested area of the Park contains several casual or unofficial trails created by Park users. These trails serve as connectors between the two main trails or connectors to the roads surrounding the Park. Unofficial trails will not be maintained by the City and may be blocked if continued use is detrimental to the soil or vegetation along the trail. The official main trails are shown in Figure 7.

Trail maintenance work will be performed with the goal of maintaining the current main trail location and a width that permits use by pedestrians and cyclists, with a minimum width of 4 feet. Maintenance activities will consist of the following:
▪ Removing fallen trees and branches that are blocking a trail. ▪ Cutting back tree branches, shrubs, and vines that encroach the trail. ▪ Repairing the trail surface. This includes leveling the trail surface, installing water diversion features, or adding new trail surface material. When available, wood chips produced by the removal of woody vegetation during fire hazard reduction or forest restoration work can be repurposed for use on the trails and spread onto the trail, particularly on areas of excessive wear. ▪ Blocking unofficial trail connections with downed or cut logs. ▪ Felling dead or hazardous trees that are likely to fall onto the trail.

Trail maintenance work will be performed on an as-needed basis and based on comments or requests from trail users. Dudek recommends that City staff walk the trail system at least once per year to assess trail conditions and determine if there is a need to block an unofficial trail.

6.4 Five-Year Management and Maintenance Schedule
Annual Work Schedule
Annual goals for fire risk reduction and forest restoration are provided in the annual work schedule and in Table 8.

Action Description Target Date Range
Inspection Walkthrough of the fire risk reduction
area
March–May
Grass and Annual Removal Mowing or cutting annual plants and grasses
May–June
Dead Tree Removal Felling standing dead trees January–June Tree Trimming Trimming lower branches of trees and
woody shrubs
May–July
Woody Debris Removal Removing fallen trees and piles of broken branches and safely disposing
them
January–June
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Action Description Target Date Range
Understory Thinning Removing woody shrubs and thickets
beneath midstory trees
January–June
Dead Vegetation Removal Removing dead woody vegetation, shrubs, bushes, thickets, and small
trees
January–June
Actions Description Target Date Range
Inspection Walking through the forest and
identifying restoration sites
January–May
Plot Layout Laying out and mapping forest
restoration sites
January–May
Site Preparation Removing surface vegetation and
raking soil. Trimming lower branches
of trees and woody shrubs
May–September
Planting Installing new seedlings or planting
prepared seeds
January–March
Site Maintenance Controlling grass and annual
vegetation, supplemental water,
protection from grazing
April–October
Five-Year Work Schedule
The 5-year timetable for Goals 1 and 2 is provided in Table 8.

Table 8. Goals 1 and 2 Five-Year Timetable
Goal Action Zone 2 Zone 3 Zone 4 2022 2023 2024 2025 2026 2027 Reduction
Wildfire Risk
Reduction
Inspection X X X X X X X X X
Wildfire Risk
Reduction
Mowing X X X X X X X X X
Wildfire Risk
Reduction
Tree Felling X X
Wildfire Risk
Reduction
Woody Debris
Removal

X X X X
Wildfire Risk
Reduction
Tree Trimming X X X X X
Wildfire Risk
Reduction
Brush Removal X X X
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Table 8. Goals 1 and 2 Five-Year Timetable
Goal Action Zone 2 Zone 3 Zone 4 2022 2023 2024 2025 2026 2027 Restoration
Reforestation Inspection X X X X X X X X X
Reforestation Plot Layout X X X X
Reforestation Site Preparation X X X X X X X
Reforestation Tree Planting X X X X X X X
Reforestation Site Maintenance X X X X X X X X X

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Main Trail System
George Washington Park Forest Management Plan
SOURCE: Bing Maps 2021, Monterey County 0 200 400Feet
FIGURE 7
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7 Materials and Labor Needed to Reach
Management and Maintenance
Recommendations Over the Next 5 Years

7.1 Treatment Methods
Several treatment methods are available to achieve the management goals described in Chapter 6 of this FMP. A combination of treatment methods is not only acceptable but is likely the optimal choice because it allows the City to pick the most effective method for each task and allows some flexibility if one option is not available.

Described below are treatments methods suited to the conditions in the forested zones and the goals. Also included is a recommended treatment plan based on observations of the forest and of treatment methods that have been successful elsewhere in Monterey County.

7.1.1 Mechanical
Only light mechanical equipment is recommended for operating in the forested zones because of the conditions in the Park and the location of the Park in a residential neighborhood. A tracked or rubber-wheel skid steer (e.g., bobcat) is small enough to operate efficiently within the Park. Skid steers can equip a variety of attachments that enable them to complete many of the treatment actions, including a mulcher or masticator head for removing brush and small trees plus processing the cut material, a grapple for carrying cut material, and a mower for cutting annuals and grass. The equipment operator will need be briefed on proper work procedures, cut material disposal, and equipment cleaning because the Park lies in a Pitch Canker Zone of Infestation where the intent is to minimize the likelihood that the disease (or the beetle that aids in its transmission) would be transported to area where the infection is not present.

Pros
▪ Quickly able to treat heavy fuel loads over large areas ▪ One piece of equipment can complete many of the management actions ▪ Poison oak is not an issue
Cons
▪ Expensive
▪ Can create soil compaction and soil damage, particularly if used when the soil is wet ▪ Needs a large, safe working space
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Neutral
▪ The most cost-effective use of mechanical equipment is to perform all the fire hazard reduction and forest restoration site preparation at the same time; however, this would result in performing some of the work at a less-than-ideal time of year.

7.1.2 Manual
Hand crews will be equipped with powered equipment such as chain saws, mowers, and weed whips, as well as hand tools such as hand saws, pruners, loppers, and shears. Hand crews can perform all the treatment actions described in the FMP, and will likely be used even if other methods are selected. Hand crews will need to work with a chipper parked on the nearest street while they are performing fire hazard reduction work. Crews will need to be briefed on proper processing, disposal of chips, and equipment cleaning because the Park lies in a Pitch Canker Quarantine Zone and because of the presence of bark beetles.

Pros
▪ Minimal damage to soil and remaining vegetation
▪ Can perform all the treatment actions
▪ Generally, not disruptive to other Park uses
Cons
▪ Areas of poison oak may not be treated or may cost significantly more to treat ▪ May require multiple hand crew contractors to complete all the treatment actions ▪ Expensive

7.1.3 Biological
Grazing is an effective method for treating surface vegetation and low-growing woody vegetation. Goat grazing is used in California for resource management and the most widely available in the area. Goats will graze on a variety of vegetation, including grasses, annual herbaceous plants, and small woody shrubs. They will also eat poison oak.

Grazing will not address the tree trimming or down woody debris removal needs. Grazing also takes the longest to complete, sometimes taking a week or longer to complete what mechanical methods could complete in 1 day.

Pros
▪ Low impact on the soils and mature trees
▪ Will consume nearly all the herbaceous, grass, and woody shrubs species present ▪ Effective at controlling surface vegetation on large areas ▪ Animal movement and grazing exposes mineral soil
Cons
▪ Logistical needs, including fencing, access to water, and trailer access to treatment areas ▪ Goats will eat tree seedlings and other desirable plants if not protected PGCC 9-6-2023

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▪ Have a specific time window for when they will consume different types of plants ▪ Goats will graze on small trees and shrubs, but hand crews are still needed to perform tree trimming, tree felling, and cutting up large logs
▪ Grazing contractors have a minimum acreage requirement

7.1.4 Chemical
Selective and non-selective herbicides are useful for controlling the growth of undesirable vegetation. Properly applied herbicides are effective at controlling understory vegetation, particularly when dealing with aggressive invasive grasses and annuals. Herbicide use is not recommended for fire hazard reduction because it does not accomplish fuel reduction objectives, but it could be used on as-needed basis for forest restoration site preparation and maintenance to control the abundant non-native grasses present throughout the Park. A licensed pesticide applicator is required to perform any treatment application.

Pros
▪ Cost effective
▪ Provides effective control of aggressive invasive plants Cons
▪ Considerable social stigma associated with herbicide use, even when done properly ▪ Other treatment methods still required for fire hazard reduction work and woody debris removal

7.1.5 Prescribed Fire
Monterey pine cones are serotinous, opening and releasing their seeds in the heat generated from a fire or high air temperatures. Fire also prepares an ideal seed bed for the new trees to become establish (Cope 1993). Lowintensity fire is also effective at controlling understory vegetation. Finally, a well-performed prescribed fire substantially reduces the risk of wildfire occurring for several years.

Pros
▪ Accomplishes multiple treatment actions in one treatment ▪ Most effective method for reducing fire hazard and reducing woody debris Cons
▪ Carries the risk of fire escape
▪ Requires a great deal of planning to properly carry out ▪ Some site preparation is needed pre and post burn
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7.1.6 Recommendations
Dudek’s recommended treatment method is to use a combination of hand crews to remove the large dead trees and downed trees (6 inches in diameter or greater) and then use goats to remove the surface and small understory vegetation. Goats are highly effective at consuming surface and understory vegetation, and in combination with the hand crews, removing the larger woody material will create an effective buffer around the Park while minimizing soil disruption. The main drawback of relying on goats is timing, because goats graze different vegetation types at different times of year, and goats need several days to several weeks to cover an entire treatment area. If there is limited time to complete the fire hazard reduction work, then the recommended treatment method is to use mechanical treatments for performing the fire hazard reduction work within the Park. The ideal treatment strategy is to have the surface and understory chipped or masticated by a lightweight skid steer or mini-excavator. Hand crews would then be used to cut and remove large, downed trees (typically over 9 inches in diameter or greater) or standing dead trees. Hand crews would also need be used in the monarch butterfly and sensitive habitat areas.

The ideal treatment method for the forest restoration work is to have the site preparation work be completed with a combination of hand crews to remove the large dead trees and downed trees, and then use goats to remove the surface and small understory vegetation. The goats would be allowed to graze the areas surrounding each plot and within the plot boundaries to help control the encroachment of competing vegetation within each tree planting site.

The tree planting and follow up tree care work would be performed by hand crews.

7.2 Treatment Plan

7.2.1 Fire Hazard Reduction
Fire hazard reduction work will begin with an assessment of the vegetation within the fire hazard reduction zone, followed by a walkthrough with a vendor, if one is used. This assessment should be done in the spring; April is ideal, but there is some flexibility for earlier or later in the season depending on the weather. The treatment actions begin with the mowing/cutting of grass and annuals as soon as they cure, usually in April or May. Tree felling, tree trimming, and cut material removal is performed next. While mid-summer is the preferred time to trim coast live oak trees and winter is the preferred time to trim pine trees, it is acceptable to trim both the pines and oaks in the early summer for fire hazard reduction. Fire hazard reduction work should be completed prior to the onset of hot, dry conditions and the arrival of high fire danger. The initial treatment will likely require the most work to meet the defensible space requirements. Follow-up treatments for most years will be limited to mowing/cutting the grass and annuals, with tree trimming needed every 5 to 10 years. Dead tree removal and brush/small tree removal will likely be performed during the initial treatment and then on an as-needed basis.

Fire hazard reduction will be accomplished with a combination of hand crews and grazing. Hand crews will be used to perform all the treatment actions within 100 feet of the homes on Melrose Street that back up to the Park. This method is preferred because it ensures that the work can be scheduled and performed regardless of the condition of the vegetation for grazing or when the onset of hot and dry weather occurs. Hand crews will perform the tree trimming, dead tree removal, and woody debris removal on the remainder of the wildfire hazard reduction zone. Cut woody material will be chipped and used on site, but not spread within 30 feet of a wooden fence. All flammable vegetation will be raked away from private property fences. A permit will need to be obtained prior to trimming or removing trees within the Park.

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Grazing will be used to control the surface vegetation and thickets of poison oak, blackberry, and wild cucumber.

7.2.2 Forest Restoration
Forest restoration will be accomplished using hand crews and grazing. Hand crews will be used to remove standing dead trees, raking accumulated leaf litter, and planting trees. Hand crew work will be limited to the area within the plot or, in the case of dead tree felling, the trees that have a high potential to fall into the reforestation plot. Cut woody material will be left on site, provided it is resting on the ground and not obstructing a plot or trail. Grazing will be performed over the entire forest reforestation zone, with the exception of the areas specified for exclusion (wildlife habitat, native plant restoration sites, existing reforestation sites).

Forest restoration work will begin with an assessment of the forest restoration zone. This includes determining the plot locations and mapping their location for the reforestation actions. The assessment should be followed up with a walkthrough of the zone with the tree service vendor and grazing vendor. If supplemental tree planting will be performed, then the trees should be ordered in the spring to ensure there is sufficient stock available. Appendix E contains a list of local nurseries that stock or can order Monterey pine. Treatment action will begin with the site preparation work. Depending on contractor availability, either the hand crews or grazing can begin first. Site preparation is not as time sensitive as the fire hazard reduction work, but it may be more cost effective to have the hand crews perform all the work at one time. Tree planting will take place in the fall after the first sufficient rainfall.

The initial site preparation will likely require the most work. Follow up treatments will depend on whether trees are being allowed to regenerate naturally or if trees will be planted. On natural regeneration sites, follow-up site maintenance will be limited to controlling surface vegetation and raking the topsoil to keep the seed bed in optimal condition. On planted sites or after natural regeneration has occurred, follow-up site maintenance will include controlling surface vegetation and installing protection from browsing; supplemental watering may be needed throughout the summer if drought conditions persist.

Initial forest restoration treatments do not need to be completed for all the plots in the same year. It is acceptable to perform treatment actions on a few of the plots each year over a period of several years until all the plots have been treated. However, it is not recommended to partially treat one plot, specifically not to partially plant a plot over a period of several years because the oldest trees have a high probability of outcompeting and overtopping the later plantings, limiting the growth potential or killing the younger trees.

7.2.3 Biological Resource Protection
As previously described, there are three special-status plants and four special-status wildlife species that are known to be present within the forested area of the Park or have the potential to occur within the Park or in the vicinity.

Forest treatment actions will be implemented in a manner that either avoids impacting the special-status species or minimizes unavoidable impacts to special-status species. Described below are protection measures for each special-status species or special-status group.

7.2.3.1 Special-Status Plants
To protect special-status plant species, it is recommended that appropriately timed surveys be conducted prior to vegetation removal activities by a qualified botanist at the appropriate period when these species are evident and identifiable. If special-status plant species are observed during the surveys, it is recommended that the individuals PGCC 9-6-2023

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or populations be flagged with high-visibility flagging and completely avoided. If avoidance is not feasible, a speciesspecific mitigation plan should be prepared that describes the measures to be implemented to reduce and mitigate unavoidable impacts to special-status plants.

A detailed description of the protective measures to be implemented for each identified species is provided the Biological Constraints report that is attached to this FMP (Appendix B).

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8 Conclusion
George Washington Park is a community park within a residential neighborhood. Approximately three-quarters of the Park is covered with a natural Monterey pine–coast live oak forest. This forested area is trending toward a decline of Monterey pine as the dominant tree in the overstory. Monterey pine decline is due to several accumulative factors (e.g., drought, insects, disease) and the lack of young pines in the understory to replace the mature pines as they die. Coast live oak trees are more abundant than the pine trees and have a better distribution of trees sizes and age. Oak trees are filling in the gaps in the tree canopy created by the loss of mature pine trees; however, these replacement oaks do not reach the diameter or height of the pines they are replacing. There are four main threats affecting the forested zones in the Park, with drought being the most widespread and having the greatest impact.

Drought has an added impact in that it increases the risk of a destructive wildfire spreading through the forested area of the Park. Disease and insects are also damaging agents, but their impact is primarily on the pine trees.

Competition from surface vegetation is impacting the structure and composition of the forest by limiting natural regeneration but is not impacting the health of existing trees.

The City is interested in improving the health and safety of the forested area, and has created two management goals for the forested area: first is to maintain the vegetation along the perimeter of the Park to reduce the risk of a destructive wildfire in the Park spreading to nearby homes, and second is to encourage the development of a healthy forest on the interior of the Park by creating conditions that are optimal for the growth of new trees.

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9 References
Brugan, Robert E., and Joe H. Scott. 2005. Standard Fire Behavior Fuel Models: A Comprehensive Set for Use with Rotheremel’s Surface Fire Spread Model (General Technical Report RMRS-GTR-153). USDA Forest Service, Rocky Mountain Research Station.

CAL FIRE. 2018. Fire and Resource Assessment Program (FRAP) database Fire Perimeters. https://frap.fire.ca.gov/mapping/pdf-maps/.

CDFW (California Department of Fish and Wildlife). 2021. California Natural Diversity Database. CDFW, Biogeographic Data Branch. Accessed October 2021. https://www.dfg.ca.gov/biogeodata/ cnddb/mapsanddata.asp.

CGS (California Geological Survey). 2021. Department of Conservation Maps Data Viewer: California Geology.

California Department of Conservation. https://maps.conservation.ca.gov/geology/#webmaps.

City of Pacific Grove. 1999. Master Plan for George Washington Park. Natural Resources Committee and City Forester, Frank Ono. July 1999.

Cope, Amy B. 1993. “Pinus radiata.” In: Fire Effects Information System [Online]. U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station, Fire Sciences Laboratory (Producer). Accessed June 6, 2022. https://www.fs.fed.us/database/feis/plants/tree/pinrad/all.html.

MacLaren, J.P. 1993. Radiata Pine Growers’ Manual. New Zealand Ministry of Forestry, FRI Bulletin No. 184.

Maguire and Withrow-Robinson. 2018. Competition and Density in Woodland Stands. Oregon State University; Forestry & Natural Resources Extension. EM 9206. June 2018. https://catalog.extension.oregonstate.edu/sites/catalog/files/project/pdf/em9206.pdf.

McDonald, Philip M., and Robert J. Laacke. 1990. “Pinus radiata D. Don Monterey Pine Silvics of North America.” Volume 1 Conifers Agriculture Handbook 654. U.S. Department of Agriculture, Forest Service, Washington, DC. vol. 2, 877 p.

MFD (Monterey Fire Department). 2021. Personal communication via phone conversation with a member of the Fire Prevention Department.

NIDIS (National Integrated Drought Information System). 2022. Drought Information By Location-States-California.

National Oceanic and Atmospheric Administration (NOAA) 2022. https://www.drought.gov/states/california.

NRCS (National Resource Conservation Service). 2021. Web Soil Survey. U.S. Department of Agriculture. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx.

Owen, Donald R. 2003. The Red Turpentine Beetle. California Department of Forestry and Fire Protection.

Tree Notes #9.

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Seager, R., T. Osborn, Y. Kushnir, I. Simpson, J. Nakamura, and H. Liu. 2019. “Climate Variability and Change in Mediterranean-Type Climates.” Journal of Climate, 32(10), 2887–2915. https://doi.org/10.1175/ JCLI-D-18-0472.1.

Sinclair, W.A., and H.H. Lyon. 2005. Diseases of Trees and Shrubs. 2nd ed. Ithaca, NY: Cornell University Press. 659 p.

University of California Statewide IPM Program 2013 Pitch Canker Integrated Pest Management For Home Gardeners and Landscape Professionals University of California Agriculture and Natural Resources Statewide Integrated Pest Management Program (IPM). Pest Notes Publication 74107 WRCC (Western Regional Climate Center). 2021. Monterey, California (045795). Monthly Climate Summary.

Accessed October 2021. https://wrcc.dri.edu/cgi-bin/cliMAIN.pl?ca5795.

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Appendix A
Soil Types
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APPENDIX A / SOIL TYPES
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Soils in George Washington Park
Soils present within the park a primarily composed of sand and are typical of the soils that were formed from sedimentary rock. Below is a description of the soil types present within the park. This information was obtained from the Natural Resource Conservation Service (NRCS) Web Soil Survey (WSS).

Baywood sand, 2 to 15 percent slopes (BbC)-Consists of somewhat excessively drained soils that formed in stabilized sand dunes. In a representative profile the surface layer is dark grayish brown and brown, slightly acid and medium acid sand 21 inches thick. Below this is pale brown, slightly acid sand 6 inches thick. It is underlain by very pale brown, slightly acid sand that extends to a depth of more than 60 inches.

Permeability is rapid, and the available water capacity is 2.5 to 3 inches. Roots penetrate to a depth of more than 60 inches.

Baywood sand soils in the park are limited to a small area on the west side of the park near the ballfield and account for 13% of the soils in the park by area.

Narlon loamy fine sand, 2 to 9 percent slopes (NcC)- This is a gently sloping and moderately sloping soil on dissected marine terraces. The Narlon series consists of somewhat poorly drained soils that formed on uplands in soft marine sediments. In a representative profile the surface layer is gray, medium acid loamy fine sand about 3 inches thick.

The subsurface layer is white, mottled, medium acid and slightly acid loamy fine sand 10 inches thick. The subsoil is light brownish gray, gray, and light gray, mottled, very strongly acid clay 40 inches thick. The substratum is mottled white, extremely acid weathered sandstone. Permeability is very slow, and the available water capacity is 2 to 3 inches. Most roots penetrate to a depth of 12 to 24 inches, but some tree roots penetrate very deeply into cracks.

Narlon loamy fine sand, 2 to 9 percent slopes soils are the dominant soil type and account for 51% of the soils in the park by area.

Narlon loamy fine sand, 15 to 30 percent slopes (NcE)- This is a strongly sloping and moderately steep soil on uplands. The Narlon series consists of somewhat poorly drained soils that formed on uplands in soft marine sediments. In a representative profile the surface layer is gray, medium acid loamy fine sand about 3 inches thick.

Narlon loamy fine sand, 15 to 30 percent slopes soils occur in two bands near the hilltop located at the corner of Pine St. and Alder St. These soils account for 36% of the soils in the park by area.

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Appendix B
Biological Constraints Report
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13676
1 May 2022
May 10, 2022 13676
Office of the City Clerk
City of Pacific Grove
300 Forest Avenue
Pacific Grove, California 93950
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California Dear Sir or Madam:

At the request of the City of Pacific Grove, Dudek conducted a biological resources assessment for the approximately 17-acre proposed Forest Management Plan (Plan) site within George Washington Park (project site or site) in the City of Pacific Grove, California. In October 2021, Dudek biologists conducted a literature review of various resource databases and followed up with reconnaissance-level field surveys to identify and describe existing biological resources, including natural vegetation communities, aquatic resources (e.g., wetlands), sensitive natural communities, and potential habitat for special-status plant and wildlife species. This letter report summarizes our findings and identifies potential biological resource constraints to Plan activities. Recommendations to avoid or minimize impacts to biological resources are also provided.

Project Site Location and Description
The project site is approximately 17-acres of undeveloped parks land within the George Washington Community Park east of 17 Mile Drive in the central limits of the City of Pacific Grove (Figure 1, Project Location and Figure 2, Project Site).

The project site is in Sections 13 and 14 of Township 18S and Range 1W of the Monterey U.S. Geological Survey 7.5- minute quadrangle. The approximate center of the project site corresponds to 36.620564 north latitude, and 121.928463 west longitude.

At the time of the site visits, the project site consisted largely of undeveloped parkland with the exception of a community baseball field, restroom facility, and playground at the southern boundary of the site. A review of historical Google Earth imagery shows that the site has historically remained undisturbed. The site is currently surrounded by residential development in all directions. The Rip Van Winkle Open Space is located south of the project site, and the Monarch Butterfly Sanctuary is located northwest of the project site.

Topography of the project site is gently sloping, with the steepest section at the northeast corner averaging 180 feet above mean sea level. Monterey County experiences a Mediterranean climate with warm, dry summers and cool, wet winters. The average annual daytime temperature in the general vicinity of the site is 65°F, and the average minimum temperature is approximately 48°F (WRCC 2021). Average annual precipitation in the general vicinity of the site is 19.73 inches, nearly all of which falls from October to April (WRCC 2021). Coastal fog and fog drip contributes to a small amount of precipitation in the months between May and October.

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May 10, 2022 13676
Office of the City Clerk
City of Pacific Grove
300 Forest Avenue
Pacific Grove, California 93950
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California Dear Sir or Madam:

Project Site Location and Description
The project site is approximately 17 acres of undeveloped parks land within the George Washington Community Park east of 17 Mile Drive in the central limits of the City of Pacific Grove (Figure 1, Project Location, and Figure 2, Project Site).

The site is currently surrounded by residential development in all directions. The Rip Van Winkle Open Space is located south of the project site, and the Monarch Butterfly Sanctuary is located northwest of the project site.

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To: Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676 2 MAY 2022
Methods
Literature Review
Special-status species potentially present on the project site were identified through a literature search of the following sources: U.S. Fish and Wildlife Service’s Information for Planning and Consultation (IPaC) (USFWS 2021), California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB) (CDFW 2021a), and the California Native Plant Society’s Inventory of Rare and Endangered Plants of California (CNPS 2021).

Searches of the above-referenced databases were completed for the Monterey and four surrounding U.S. Geological Survey 7.5-minute quadrangles: Seaside, Soberanes Point, Marina, and Mt. Carmel.

For this report, special-status plant and wildlife species are defined as those that are (1) listed, proposed for listing, or candidates for listing as threatened or endangered under the federal Endangered Species Act; (2) listed or candidates for listing as threatened or endangered under the California Endangered Species Act; (3) designated as Fully Protected under the California Fish and Game Code; (4) designated as a California Species of Special Concern by CDFW; or (5) assigned a California Rare Plant Rank (CRPR) of 1A, 1B, 2A or 2B by the California Native Plant Society. The CRPR system includes six rarity and endangerment ranks for categorizing plant species of concern, as follows:
▪ CRPR 1A – Plants presumed to be extinct in California ▪ CRPR 1B – Plants that are rare, threatened, or endangered in California and elsewhere ▪ CRPR 2A – Plants presumed to be extinct in California, but more common elsewhere ▪ CRPR 2B – Plants that are rare, threatened, or endangered in California, but more common elsewhere ▪ CRPR 3 – Plants about which more information is needed (a review list) ▪ CRPR 4 – Plants of limited distribution (a watch list) Plants with CRPR 1A, 1B, 2A, or 2B may qualify as endangered, rare, or threatened species within the definition of California Environmental Quality Act (CEQA) Guidelines Section 15380. CDFW recommends that potential impacts to CRPR 1 and 2 species be evaluated in CEQA review documents. In general, CRPR 3 and 4 species do not meet the definition of endangered, rare, or threatened pursuant to CEQA Guidelines Section 15380, but these species may be evaluated on a case-by-case basis.

Field Reconnaissance
Following the literature review, Dudek Urban Forestry Specialist Michele Laskowski and Biologist Emily Scricca determined the potential for special-status species to occur within the project site. Determinations were based on a review of habitat types, soils, and elevation preferences, as well as the known geographic range of each species.

For example, if the project site is within the elevation range of a particular plant species, but a specific soil type for that species was not present, the species was determined to have “low potential to occur” on the project site.

Species were considered “not expected to occur” when the project site was clearly outside the known geographic range of the species or when potential habitat was absent from the project site.

Ms. Laskowski performed a tree inventory and special-status plant habitat assessment on the project site on October 5, 2021, from 9 a.m. to 4 p.m. and on October 8, 2021, from 9:00 a.m. to 4:00 p.m. Weather during the PGCC 9-6-2023

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To: Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676 3 MAY 2022
site visits was overcast with an ambient temperature of approximately 65°F. The survey consisted of walking the entire site on foot and recording field notes on observed vegetation and wildlife species and habitat suitability for special-status plants.

Ms. Scricca performed a biological field reconnaissance of the project site on October 21, 2021, from 10:30 a.m. to 12:30 p.m. Weather during the site visit was partly cloudy, with an ambient temperature of approximately 65°F at the start and 72°F at the completion of the field visit. The site visit included mapping vegetation communities and land cover types present on the project site and assessing habitat for special-status wildlife species. The visit was conducted on foot to ensure visual coverage of the entire project site. Field notes and an aerial photograph (Google Earth Pro 2021) with an overlay of the project boundary were used to map vegetation communities and record any sensitive biological resources while in the field. Representative project site photographs are included in Attachment A.

All plant species were identified to the lowest taxonomic group possible. Nomenclature for plant species follow the Jepson Manual, Vascular Plants of California, Second Edition (Jepson Flora Project 2021).

Wildlife species detected by sight, calls, tracks, scat, or other signs were recorded into a field notebook. The project site was scanned with and without binoculars to aid in the identification of wildlife. Wildlife species not observed but expected to use the project site were identified based on known habitat preferences and regional distribution.

No formal wetland delineation or focused surveys for special-status plant or animal species were conducted. The field visit was sufficient to generally describe aquatic features on the project site that could be subject to regulation by the U.S. Army Corps of Engineers, Regional Water Quality Control Board, and/or CDFW.

Existing Conditions
Vegetation Communities and Land Cover Types
The project site is mostly undeveloped parkland except for a community baseball field, restroom facility, and playground at the southern boundary of the site. This area is surrounded by dirt pedestrian trails and scattered picnic tables mixed amongst individual coast live oak (Quercus agrifolia), Monterey cypress (Hesperocyparis macrocarpa), Monterey pine (Pinus radiata), and coast redwood (Sequoia sempervirens) trees.

The remainder of the site is dominated by the Monterey cypress – Monterey pine stands (Hesperocyparis macrocarpa – Pinus radiata Forest & Woodland Semi-Natural Alliance) (Figure 3, Vegetation Communities and Land Cover Types). This vegetation community is dominated by a Monterey cypress and Monterey pine overstory with a lower canopy dominated by coast live oak. Common understory vegetation includes a shrub layer that is sparse to intermittent and an herbaceous layer that is sparse to grassy. Monterey cypress – Monterey pine stands have been planted as windbreaks, groves, or individual trees and are naturalized in coastal areas. Because of their artificial origin, they do not contain a global or state rarity ranking.

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To: Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676 4 MAY 2022
Soils and Hydrology
According to the U.S. Department of Agriculture Natural Resources Conservation Service (USDA 2021), three soil types occur within the project site: Baywood sand, 2 to 15 percent slopes; Narlon loamy fine sand, 2 to 9 percent slopes; and Narlon loamy fine sand, 15 to 30 percent slopes (see Figure 4, Soils). The project site mostly consists of the Narlon loamy fine sand complex; the Baywood sand soil type is found along the southwestern boundary of the site, north of the baseball field. The Narlon loamy fine sand complexes are considered to be poorly drained hydric soils with a very high runoff class. Baywood sand in non-hydric, although hydric inclusions may occur. None of the soil types are known to support edaphic special-status plant species (i.e., the soils of the site are neither serpentine nor alkaline).

The project site lies within the Soberanes Creek-Frontal Pacific Ocean Hydrologic Unit (HUC 12 180600060203) (Figure 5, Hydrologic Setting). An unnamed drainage is located approximately 0.25 miles south of the project site, originating from within the Rip Van Winkle Open Space, and ultimately drains into the Pacific Ocean, a traditional navigable water of the United States. According to the U.S. Geological Survey National Hydrography Dataset (USGS 2021), predefined waters of the United States or state are absent from the project site.

Plant and Wildlife Species Observed
Most vegetation on the project site consists of native or naturalized species; 47 species of plants (28 native [60%] and 19 non-native [40%] species) were recorded on the site (see Attachment B). The field visit was conducted late in the growing season when many plants are not evident or identifiable. As such, floristic surveys conducted at the appropriate time of the growing season would likely yield a greater number of identifiable species. The understory vegetation observed on the project site included annual grasses such as ripgut brome (Bromus hordeaceus), big quakinggrass (Briza maxima), wild oats (Avena barbata/fatua), perennial rye grass (Festuca perennis), mouse barley (Hordeum murinum) and others. Perennials, subshrubs and shrubs include blackberry (Rubus ursinus), toyon (Heteromeles arbutifolia), poison oak (Toxicodendron diversilobum), monkey flower (Diplacus aurantiacus), western brakenfern (Pteridium aquilinum), English ivy (Hedera helix), hedgenettle (Stachys bullata), broom (Cytisus scoparius), vining honeysuckle (Lonicera hispidula), and others.

Wildlife species observed or expected to occur on the project site are those that are adapted to forested parklands, Monterey cypress – Monterey pine stands, and urban landscapes with moderate human activity. Western fence lizard (Sceloporus occidentalis) was the only amphibian or reptile species observed during the site visit, although common species such as Sierran tree frog (Pseudacris sierra), gopher snake (Pituophis catenifer), and western rattlesnake (Crotalus oreganus) are also likely to occur. Common bird species observed included black phoebe (Sayornis nigricans), red-shouldered hawk (Buteo lineatus), Anna’s hummingbird (Calypte anna), California scrubjay (Aphelocoma californica), American crow (Corvus brachyrhynchos), dark-eyed junco (Junco hyemalis), and California towhee (Melozone crissalis). Scat belonging to black-tailed deer (Odocoileus hemionus) was observed throughout the project site. A full list of wildlife species observed during the site visit is included in Attachment C.

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To: Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676 5 MAY 2022
Results
Special-Status Plant and Wildlife Species
Special-Status Plant Species
Results of the CNDDB, California Native Plant Society, and IPaC database searches revealed 75 special-status plant species as historically or potentially occurring in the site vicinity (Attachment D, Special-Status Plant Species Potential to Occur). Of these, 31 were eliminated from consideration because they were CRPR rankings of 3 and 4.

This narrowed the list to include plants that are state and federally listed and/or with a CRPR of 1 or 2.

Each of the remaining 44 species were evaluated based on suitable habitat or edaphic conditions (i.e., alkaline or serpentine soils), or the sites’ location outside of their known range and the proximity of known populations to the project areas. The site supports planted Monterey cypress but is outside the range of naturally occurring stands at Cypress Point and Point Lobos State Park near Carmel with a CRPR of 1B.2; therefore, this species is not expected to occur. Two special-status plant species are known to occur on or near the project site: Monterey pine (Pinus radiata) and Yadon’s rein orchid (Piperia yadonii). Four species were determined to have a high potential to occur in the project site. Those include sandmat manzanita (Arctostaphylos pumila), San Francisco collinsia (Collinsia multicolor), marsh microseris (Microseris paludosa), northern curly-leaved monardella (Monardella sinuata ssp. nigrescens). The status of these species is briefly discussed below.

Marsh microseris has a CRPR of 1B.2 and is a perennial herb with a high potential to occur on the site. It occurs in closedcone coniferous forest, cismontane woodland, and coastal scrub habitat. The project site overlaps an area of known occurrence of this species. A historical occurrence comprised of four collections at unspecified locations in “Pacific Grove” from 1906 to 1956 overlaps much of Pacific Grove, including the project site (Occ. No. 3; CDFW 2021a).

Native Monterey cypress has a CRPR of 1B.2 and is limited to two stands at Cypress Point and Point This species occurs on the project site but is naturalized and therefore the on-site trees are not considered special-status plants.

The species is widely planted and naturalized elsewhere on the coast and beyond.

Native Monterey pine has a CRPR of 1B.1 and is present on the project site. The trees in this location are within the estimated historic range of this species as mapped by the CNDDB (Occ. No. 4) (CDFW 2021a) and are naturally occurring. The species is widely planted and naturalized elsewhere. Records provided by the City of Pacific Grove indicate that this stand of Monterey pine has been present on the site since the beginning of the twentieth century.

Northern curly-leaved monardella has a CRPR of 1B.2 and is a perennial herb with a high potential to occur on the site. This species occurs in chaparral, lower montane coniferous forest, coastal scrub, and coastal dunes. The collection source for the CNDDB occurrence of this species in the area is from 1932, so the location description is based on a best guess (Occ. No. 4) (CDFW 2021a). It is likely to be found on stabilized dunes in the vicinity.

Sandmat manzanita has a CRPR of 1B.2 and is a perennial evergreen shrub with a high potential to occur on the site. This species has three known populations within 0.5 miles of the project site. Within those locations the species has been extensively mapped and a noted increase in population density from 2004 to 2015 (Occ. Nos. 9, 14, and 20) (CDFW 2021a).

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To: Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676 6 MAY 2022
San Francisco collinsia has a CRPR or 1B.2 and is an annual herb with a high potential to occur on the site. This species occurs in closed-cone coniferous forest and coastal scrub habitat. A historical occurrence composed of a 1903 collection at an unspecified location overlaps a 1-mile-radius area centered on Pacific Grove, including the project site (Occ. No. 3; CDFW 2021a). The site provides high-quality habitat for this species.

Yadon’s rein orchid is federally endangered with the CRPR or 1B.1. It is a perennial herb that is known to occur in closed cone coniferous forest, coastal bluff scrub and chaparral. It is known to occur on the project site (Occ. No. 4) (CDFW 2021a) and there are multiple occurrences in the vicinity. It has been noted as occurring in the understory of Monterey pine within patchy but dense Calamagrostis nutkaensis (CDFW 2021a). It was noted that the roadside mowing and vehicles parking along the road are a threat to this species.

Because the site visits were conducted outside of the blooming period for the above-mentioned plant species, most of these species would not have been evident or identifiable during the site visit.

Special-Status Wildlife Species
Based on the results of the CNDDB and IPaC database searches and field reconnaissance, Dudek identified 33 special-status wildlife species as occurring or potentially occurring in the region of the project site (Attachment E, Special-Status Wildlife Species Potential to Occur). Of these, 28 species were eliminated from consideration due to the absence of suitable habitat and/or the project site’s location outside of their known range. The remaining species have some potential to occur within or near the project site and are described in more detail below.

Northern California Legless Lizard
Northern California legless lizard (Anniella pulchra) is a California species of special concern. This species is a fossorial (i.e., burrowing) animal and is found primarily in areas with sandy or loose soils, where they typically are found beneath leaf litter and in the soil (Holland and Goodman 1998; Morey 2000). This species may be found in sparsely vegetated areas in a variety of habitats, including beach dunes; chaparral; California sagebrush scrub; oak woodlands; pine forests; pine–oak woodland; sandy washes; and stream terraces with sycamores, cottonwoods, or oaks (Morey 2000; Stebbins 2003; Holland and Goodman 1998).

This species was documented within sandy soil within the southwest corner of the project site in 2017 (Occ. No. 375) (CDFW 2021a). The project site contains suitable woodland habitat with sandy soils to support this species. This species was not observed in the study area during the site survey; however, there is high potential for it to be present.

White-Tailed Kite
The white-tailed kite (Elanus leucurus) is a California Fully Protected species. It generally occurs in low-elevation grassland, wetland, oak woodland, low shrub, open woodlands, or savannah habitats. This species also uses fencerows, irrigation ditches with residual vegetation, and freeway edges and medians. Nests are constructed in a variety of trees, with coast live oak perhaps the most common, and placed high in the crown on thin branches (Peeters and Peeters 2005).

White-tailed kite has a moderate potential to nest within the project site. The project site contains suitable nest trees (Quercus spp., Pinus spp., etc.); however, foraging habitat is marginal due to the lack of open habitat and PGCC 9-6-2023

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To: Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676 7 MAY 2022
density of trees on the site, and the site is immediately surrounded by residential development. This species was not observed during any of Dudek’s site visits and has not been documented in the CNDDB within 5 miles of the project site (CDFW 2021a). However, there are several recent eBird observations of this species within and adjacent to the project site from 2015 to 2021, including one observation from 2019 within the middle of the project site (eBird 2021).

Special-Status Bats
Townsend’s big-eared bat (Corynorhinus townsendii) is a California Species of Special Concern that is known to roost in limestone caves and lava tubes, man-made structures, and tunnels. This species inhabits deciduous forests and riparian habitat. The project site does not contain suitable roosting habitat for this species due to the lack of human-made structures and caves on site. However, there is moderate potential for this species to occasionally forage on site and roost within the structures adjacent to the project site. Because the project site is surrounded by urban development and subject to frequent human disturbance, Townsend’s big-eared bat is unlikely to occur in large numbers, if present.

The numerous trees on the site provide suitable roosting habitat for special-status (e.g., western red bat) and common foliage-roosting bat species. Additionally, many of the trees on site contain hollowed-out cavities in which common bat species may roost.

Signs of roosting bat occupancy (i.e., guano or staining) were not observed within the project site during the field visit.

Special-Status Butterflies
The monarch butterfly (Danaus plexippus pop. 1) is a candidate species for listing under the federal Endangered Species Act. This species is known to inhabit wind-protected tree groves with nectar sources and nearby water sources.

The project site contains suitable habitat for this species, and there are numerous documented occurrences of this species within the site from 1960 to 2014 (Occ. No. 89) (CDFW 2021a). Additionally, this species was observed within the project site during the October site visits.

This project site is within the historic overwintering range for this species. There is a growing body of research that examines the characteristics that create suitable overwintering habitat for this species. Loss of overwintering habitat is one among several identified stressors that may be driving the monarch population decline. The Xerces Society recognizes the Pacific Grove Sanctuary, approximately 900 feet northwest of the site, among the top ten highest priority overwintering sites remaining in California (Xerces Society 2020).

Nesting and Migratory Birds
In California, all native active bird nests (with eggs or young) are protected by provisions in the federal Migratory Bird Treaty Act of 1918 and Sections 3503 and 3503.5 of the California Fish and Game Code. The trees and shrubs within and adjacent to the project site provide suitable nesting habitat for several native local and migratory bird species.

Potentially Jurisdictional Aquatic Resources
The project site does not support any aquatic resource features that may be regulated by the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act, San Francisco Bay Regional Water Quality Control Board under PGCC 9-6-2023

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To: Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676 8 MAY 2022
Section 401 of the Clean Water Act or California Porter-Cologne Act, and/or CDFW under Section 1602 of the California Fish and Game Code.

Sensitive Natural Communities
Sensitive natural communities are vegetation communities that are of limited distribution statewide or within a county or region. A list of sensitive natural communities in California is maintained by CDFW (2021b) based on rarity of and threats to these communities in California. Impacts on high-quality occurrences of sensitive natural communities are typically considered significant under CEQA.

The project site consists of one vegetation community—Monterey cypress – Monterey pine stands—which is not listed as a sensitive vegetation community under the California Natural Community List (CDFW 2021b).

Protected Trees
Chapter 12.20.020 of the City of Pacific Grove’s municipal code describes five categories of protected trees:
(1) Native Trees. All Gowen cypress, regardless of size; all Coast live oak, Monterey cypress, Shore pine, Torrey pine, and Monterey pine six inches or greater in trunk diameter, measured at 54 inches above native grade. (2) All Other Private Trees. In addition to subsection (a)(1) of this section, all other Trees on private property, regardless of species, 12 inches or greater in trunk diameter, measured at 54 inches above native grade. (3) Monarch Butterfly Habitat Trees. All Trees in or within 100 yards of designated Monarch sanctuaries. For the purposes of this title, the following sites are designated as Monarch sanctuaries, serving as official Pacific Grove Monarch butterfly over-wintering sites:
(A) Monarch Grove Sanctuary. That portion of land bordered on the east and west by Ridge Road and Grove Acre Avenue, respectively, on the south by Short Street, and on the north by the northerly boundary of assessor’s parcel numbers 006-361-30-031, -032, -033, and -034, extended from Grove Acre easterly to Ridge Road.
(B) Washington Park Site. That portion of land bordered on the east and west by Alder Street and Melrose Avenue, respectively, on the north by Pine Avenue, and on the south by the imaginary extension of Junipero Avenue westerly from Alder to Melrose.
(4) Public Trees. All Trees on Public Property six inches or greater in trunk diameter, measured at 54 inches above native grade, and all Street Trees, regardless of size. (5) Designated Trees. All Trees that are otherwise Protected and will be impacted as a result of Development, both proposed for Pruning or Removal and where the Development will impact the Critical Root Zone of the Tree that requires protection during construction, and all Trees otherwise identified—during Development or otherwise—for special protection by the property owner. Trees that are proposed to be Removed as part of a Development project shall be processed as part of the community.

Based on the forest inventory conducted by Dudek foresters, about two-thirds of the trees present within the project site would qualify as a protected tree by being a native tree (category 1), a public tree (category 2) or a Monarch Butterfly Habitat Tree (category 3) and being over 6 inches in diameter.

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To: Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676 9 MAY 2022
Summary of Site Constraints and Recommendations
The implementation of the proposed project could potentially be constrained by the following biological resources present or potentially present within or immediately adjacent to the project site.

Special-Status Plants
As described above, two special-status plants are known to occur within the project site: Monterey pine and Yadon’s rein orchid. Additionally, four special-status plants have a high potential to occur in within the project site: sandmat manzanita, San Francisco collinsia, marsh microseris, and northern curly-leaved monardella. Vegetation removal activities associated with project implementation could directly impact these species, if present. To protect specialstatus plant species, Dudek recommends that a qualified botanist conduct appropriately timed special-status plant surveys prior to vegetation removal activities at the appropriate period when these species are evident and identifiable. If any special-status plants are identified, they should be flagged with high-visibility flagging and completely avoided. If avoidance is not feasible, a species-specific mitigation plan should be prepared that describes the measures to be implemented to reduce and mitigate unavoidable impacts to special-status plants.

Special-Status Wildlife
Four special-status wildlife species—Northern California legless lizard, white-tailed kite, Townsend’s big-eared bat, and monarch butterfly—have potential to occur on or in the vicinity of the project site.

Northern California Legless Lizard. As previously described, the project site provides suitable habitat for Northern California legless lizard, and this species has historically been documented within the project site. Proposed vegetation removal activities could disturb habitat for this species, and potentially impact individual Northern California legless lizards. To prevent impacts to Northern California legless lizards, Dudek recommends that a qualified biologist conduct a pre-activity survey for this species no more than 7 days prior to the start of project activities. The survey shall consist of gently raking any loose soil, sand, or leaf litter with a wooden rake until all Northern California legless lizards are found. Any Northern California legless lizards found within the project site shall be relocated to similar habitat outside of the area of impact.

White-Tailed Kite and Other Nesting and Migratory Birds. As previously described, the project site provides suitable nesting habitat for white-tailed kite and other native bird species. If project activities occur during the nesting season (typically defined by CDFW as February 15 to September 1), direct impacts to white-tailed kite and nesting and migratory birds could occur through destruction of active nests. Additionally, prolonged loud vegetation removal noise and increases in human activity could disturb nesting birds, resulting in nest abandonment or failure. To protect white-tailed kite and nesting and migratory birds, Dudek recommends that a pre-activity nesting bird survey be conducted by a qualified biologist within 10 days prior to vegetation removal or ground-disturbance activities to determine if any native birds are nesting on or near the site (including a 250-foot buffer for white-tailed kite and other raptors). If any active nests are observed during surveys, a suitable avoidance buffer will be determined by the qualified biologist based on species, location, and planned project activity. These nests would be avoided until the chicks have fledged and the nests are no longer active, as determined by the qualified biologist.

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To: Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676 10 MAY 2022
bat species. If project activities require the removal of trees during peak activity timeframes when young or overwintering bats may be present (generally March through April and August through October), such activities could directly impact active bat roosts. To avoid impacts to active bat roosts, Dudek recommends that tree removals occur outside peak activity timeframes to the extent practicable. Additionally, it is recommended that daily restrictions on the timing of any work activities should be limited to daylight hours to reduce disturbance to roosting (and foraging) bat species.

Finally, Dudek recommends that a biologist with demonstrated experience conducting bat habitat assessments and roost surveys conduct a focused survey of subject trees within 30 days of the commencement of vegetation management activities. The survey should include a determination on whether active bat roosts are present on or within 50 feet of the project site. If Townsend’s big-eared bat is detected to be roosting within the project site, CDFW should be contacted for additional instruction. If a non-breeding and non-wintering common bat colony is found, the individuals shall be evicted under the direction of a qualified biologist to ensure their protection and avoid unnecessary harm. If a maternity colony or overwintering colony is found within the project site, then the qualified biologist shall establish a suitable work-free buffer around the location. The buffer shall remain in place until the qualified biologist determines that the nursery is no longer active.

Monarch Butterfly. As previously described, Monarch butterfly has been documented within the project site, and the species may use the project site for overwintering, nectar foraging and possible larval rearing should host plants occur within the site. Because the Monarch butterfly is a candidate species for listing under the federal Endangered Species Act (ESA), it does not currently receive any legal protection under Section 9 of the ESA but any direct impacts to individuals or their host plants would be considered significant under CEQA. However, the City would be required to adhere to the management restrictions for tree removal inside of and within 100 yards of a Monarch Sanctuary.

This would include limiting removals to the prescriptions in the approved Monarch Habitat Management plan and prohibiting the removal or pruning of trees during the months of October through April. Therefore, direct impacts to any Monarch butterflies potentially overwintering on the site are not expected.

Protected Trees
Approximately two-thirds of the trees on the site meet the criteria for protection under Chapter 12.20 of the City’s municipal code. The City would not be required to obtain a permit to remove trees within the park as part of Cityapproved forest management plan. However, the City would be required to adhere to the management restrictions for tree removal inside of and within 100 yards of a Monarch Sanctuary. This would include limiting removals to the prescriptions in the approved Monarch Habitat Management plan and prohibiting the removal or pruning of trees during the months of October through April. Tree pruning on protected trees is permitted provided no more than 25% of the live crown is removed during any treatment.

All tree pruning and removal work would be required to take place outside of the nested periods of listed threatened, endangered, or special status species as specified by CDFW or U.S. Fish and Wildlife Service.

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Sincerely,
____________________________________
Emily Scricca
Biologist
Att.: Figures 1-5
Attachment A, Representative Photographs of the Project Site Attachment B, Plant Species Compendium
Attachment C, Wildlife Species Compendium
Attachment D, Special-Status Plant Species Potential to Occur Attachment E, Special-Status Wildlife Species Potential to Occur cc: Matt Ricketts, Dudek
Jeremy Cawn, Dudek
References Cited
CDFW (California Department of Fish and Wildlife). 2021a. California Natural Diversity Database (CNDDB). RareFind (Commercial Subscription). Sacramento, California: CDFW, Biogeographic Data Branch. Accessed October 2021. https://www.dfg.ca.gov/biogeodata/cnddb/mapsanddata.asp.

CDFW. 2021b. California Natural Communities List.
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=153609&inline.

CNPS (California Native Plant Society). 2021. Inventory of Rare and Endangered Plants (online edition, v8-02).

California Native Plant Society, Sacramento, CA. Accessed October 2021. http://www.rareplants.cnps.org. eBird. 2021. eBird: An Online Database of Bird Distribution and Abundance [web application]. Ithaca, New York:

Cornell Lab of Ornithology. Accessed October 2021. http://www.ebird.org.

Google Earth Pro. . 2021. Search query: 36° 62' 05.64"N, 121° 92' 84.63"W. Borders and labels; places layers.

Google Earth 7.3.3.7699 [64-bit]). May 5, 2018. Accessed October 2021. http://www.google.com/earth/index.html.

Holland, D.C., and R.H. Goodman Jr. 1998. A Guide to the Amphibians and Reptiles of MCB Camp Pendleton, San Diego County, California. Prepared for AC/S Environmental Security, Resource Management Division, MCB Camp Pendleton. Contract M00681-94-C-0039. Fallbrook, California: Camp Pendleton Amphibian and Reptile Survey. November 6, 1998.

Jepson Flora Project. 2021. Jepson eFlora. Berkeley, California: University of California. Accessed October 2021. https://ucjeps.berkeley.edu/eflora/.

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To: Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676 12 MAY 2022
Morey, S. 2000. “California Legless Lizard, Anniella pulchra.” In Life History Accounts and Range Maps—California Wildlife Habitat Relationships System, edited by R. Duke. California Department of Fish and Game, California Interagency Wildlife Task Group. Updated September 2000. http://www.dfg.ca.gov/biogeodata/cwhr/cawildlife.aspx.

Peeters, H., and P. Peeters. 2005. Raptors of California. Berkeley: University of California Press.

Stebbins, R.C. 2003. A Field Guide to Western Reptiles and Amphibians. 3rd ed. Peterson Field Guide. New York, New York: Houghton Mifflin Company.

USDA (U.S. Department of Agriculture). 2021. Web Soil Survey. USDA, Natural Resources Conservation Service, Soil Survey Staff. http://websoilsurvey.nrcs.usda.gov/.

USFWS (U.S. Fish and Wildlife Service). 2021. IPaC (Information for Planning and Consultation) [database].

Accessed October 2021. https://ipac.ecosphere.fws.gov/.

USGS (U.S. Geological Survey). 2021. National Hydrography Dataset: GIS Online viewer. Accessed October 2021. http://nhd.usgs.gov/.

WRCC (Western Regional Climate Center). 2021. Monterey, California (045795). Monthly Climate Summary.

Accessed October 2021. https://wrcc.dri.edu/cgi-bin/cliMAIN.pl?ca5795 Xerces Society. 2020. State of the Monarch Butterfly Overwintering Sites in California. Report to the U.S. Fish and Wildlife Service. Prepared by Xerces Society. Accessed December 20, 2021. https://xerces.org/ sites/default/files/2018-05/16015_01_XercesSoc_State-of-Monarch-Overwintering-Sites-inCalifornia_web.pdf.

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68 Project Location
Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California SOURCE: USGS 7.5-Minute Series Monterey Quadrangle
Date: 11/16/2021 - Last saved by: rstrobridge - Path: Z:\Projects\j1367601\MAPDOC\DOCUMENT\BRCA\Figure1_ProjectLocation.mxd 02 1,000 ,000Feet
Project Boundary George Washington Park
FIGURE 1

MONTEREY
COUNTY
Avenal
Firebaugh
Gilroy
Greenfield
Soledad
Gonzales
Pacific
Grove Seaside
Salinas
Hollister
San Joaquin
Coalinga
Santa
Cruz
Paso Robles
Los
Banos
Los Banos Capitola
Mendota
Madera
County
Merced
County
Fresno County
San Benito
County
San Luis Obispo
County
101
1 152
218
17 33
146
165
41 145
180
68 156
46 198
25 5
Project Site
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Project Site
Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California SOURCE: Bing Maps 2021, Monterey County
Date: 11/16/2021 - Last saved by: rstrobridge - Path: Z:\Projects\j1367601\MAPDOC\DOCUMENT\BRCA\Figure2_ProjectSite.mxd 0 200 400
Feet
Project Boundary George Washington Park Park Zone
FIGURE 2
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Vegetation Communities and Land Cover Types
Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California SOURCE: Bing Maps 2021, Monterey County
Date: 11/17/2021 - Last saved by: rstrobridge - Path: Z:\Projects\j1367601\MAPDOC\DOCUMENT\BRCA\Figure3_VegComms.mxd 0 200 400
Feet
Project Boundary George Washington Park Park Zone
Vegetation Community / Land Cover Type
DEV : Urban / DevelopedMC-MPS : Monterey Cypress-Monterey Pine FIGURE 3
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Soils
Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California SOURCE: Bing Maps 2021, USDA NRCS, Monterey County
Date: 11/17/2021 - Last saved by: rstrobridge - Path: Z:\Projects\j1367601\MAPDOC\DOCUMENT\BRCA\Figure4_Soils.mxd 0 200 400
Feet
Project Boundary George Washington Park Park Zone
Soil Type
BbC : Baywood sand, 2 to 15 percent slopesNcC : Narlon loamy fine sand, 2 to 9 percent slopesNcE : Narlon loamy fine sand, 15 to 30 percent slopes FIGURE 4
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Hydrology
Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California SOURCE: Bing Maps 2021, NHD, Monterey County
Date: 11/17/2021 - Last saved by: rstrobridge - Path: Z:\Projects\j1367601\MAPDOC\DOCUMENT\BRCA\Figure5_Hydrology.mxd 01 500 ,000Feet
Project Boundary George Washington Park Park Zone Watershed Boundary (HUC 10) NHD Flowline
CoastlineStream / River
FIGURE 5
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Attachment A
Representative Photographs of the Project Site
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ATTACHMENT A / REPRESENTATIVE PHOTOGRAPHS OF THE PROJECT SITE 13676 A-1 MAY 2022
View of the project site from the southwest corner of
the site, facing northwest
View of the project site from the center of the site,
facing northeast
View of the project site from the center of the site,
facing north
Acorn woodpecker granary tree within the project site
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ATTACHMENT A / REPRESENTATIVE PHOTOGRAPHS OF THE PROJECT SITE 13676 A-2 MAY 2022
View of the project site from the center of the site,
facing north
Sandy soil within the project site that is suitable for Northern California legless lizard
Old, inactive stick bird nest within a coast live oak tree within the project site
Potential bat roosting habitat within a cavity of an oak tree within the project site
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Attachment B
Plant Species Compendium
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ATTACHMENT B / PLANT SPECIES COMPENDIUM
13676 B-1 MAY 2022
Vascular Species
Eudicots
ANACARDIACEAE – SUMAC OR CASHEW FAMILY
Toxicodendron diversilobum – poison oak
ARALIACEAE – GINSENG FAMILY
 Hedera helix – English ivy
ASTERACEAE – SUNFLOWER FAMILY
 Arctotheca prostrata – no common name
Artemisia douglasiana – Douglas’ sagewort
 Carduus pycnocephalus – Italian plumeless thistle
 Delairea odorata – Cape-ivy
Erigeron canadensis – Canadian horseweed
Pseudognaphalium stramineum – cottonbatting plant
BORAGINACEAE – BORAGE FAMILY
 Borago officinalis – common borage
 Echium candicans – pride of Madeira
Phacelia ramosissima – branching phacelia
BRASSICACEAE – MUSTARD FAMILY
 Brassica rapa – field mustard
CAPRIFOLIACEAE – HONEYSUCKLE FAMILY
Lonicera hispidula – pink honeysuckle
CARYOPHYLLACEAE – PINK FAMILY
Cardionema ramosissimum – sandcarpet
CUCURBITACEAE – GOURD FAMILY
Marah fabacea – California man-root
FABACEAE – LEGUME FAMILY
 Acacia melanoxylon – blackwood
 Cytisus scoparius – broom
Lathyrus vestitus – Pacific pea
FAGACEAE – OAK FAMILY
Quercus agrifolia – coast live oak
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ATTACHMENT B / PLANT SPECIES COMPENDIUM
13676 B-2 MAY 2022
GROSSULARIACEAE – GOOSEBERRY FAMILY
Ribes malvaceum – chaparral currant
LAMIACEAE – MINT FAMILY
Clinopodium douglasii – yerba buena
Stachys bullata – California hedgenettle
PHRYMACEAE – LOPSEED FAMILY
Diplacus aurantiacus – bush monkeyflower
RHAMNACEAE – BUCKTHORN FAMILY
Ceanothus thyrsiflorus – blue blossom
Frangula californica – California coffee berry
ROSACEAE – ROSE FAMILY
Heteromeles arbutifolia – toyon
Rubus ursinus – California blackberry
RUBIACEAE – MADDER FAMILY
Galium aparine – stickywilly
SCROPHULARIACEAE – FIGWORT FAMILY
 Myoporum laetum – myoporum
VISCACEAE – MISTLETOE FAMILY
Arceuthobium campylopodum – western dwarf mistletoe
Ferns and Fern Allies
DENNSTAEDTIACEAE – BRACKEN FAMILY
Pteridium aquilinum – western brackenfern
Gymnosperms and Gnetophytes
CUPRESSACEAE – CYPRESS FAMILY
Hesperocyparis macrocarpa – Monterey cypress
Sequoia sempervirens – redwood
PINACEAE – PINE FAMILY
Pinus radiata – Monterey pine
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ATTACHMENT B / PLANT SPECIES COMPENDIUM
13676 B-3 MAY 2022
Monocots
AMARYLLIDACEAE – AMARYLLIS FAMILY
 Amaryllis belladonna – belladonna lily
CYPERACEAE – SEDGE FAMILY
Carex praegracilis – clustered field sedge
JUNCACEAE – RUSH FAMILY
Juncus lescurii – salt rush
POACEAE – GRASS FAMILY
 Avena barbata – slender oat
 Avena fatua – wild oat
 Briza maxima – big quakinggrass
 Bromus diandrus – ripgut brome
 Bromus hordeaceus – soft brome
 Ehrharta erecta – panic veldtgrass
Elymus condensatus – giant wild rye
Elymus triticoides – creeping ryegrass
 Festuca perennis – perennial rye grass
 Hordeum murinum – mouse barley
 signifies introduced (non-native) species
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ATTACHMENT B / PLANT SPECIES COMPENDIUM
13676 B-4 MAY 2022

INTENTIONALLY LEFT BLANK
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Attachment C
Wildlife Species Compendium
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ATTACHMENT C / WILDLIFE SPECIES COMPENDIUM
13676 C-1 MAY 2022
Wildlife Species – Birds
Bushtits
Aegithalidae—Long-Tailed Tits and Bushtits
Psaltriparus Minimus—Bushtit
Creepers
Certhiidae—Creepers
Certhia Americana—Brown Creeper
Flycatchers
Tyrannidae—Tyrant Flycatchers
Sayornis Nigricans—Black Phoebe
Hawks
Accipitridae—Hawks, Kites, Eagles, and Allies
Buteo Lineatus—Red-Shouldered Hawk
Hummingbirds
Trochilidae—Hummingbirds
Calypte Anna—Anna's Hummingbird
Jays, Magpies and Crows
Corvidae—Crows and Jays
Aphelocoma Californica—California Scrub-Jay
Corvus Brachyrhynchos—American Crow
Cyanocitta Stelleri—Steller's Jay
Pigeons and Doves
Columbidae—Pigeons and Doves
Zenaida Macroura—Mourning Dove
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ATTACHMENT C / WILDLIFE SPECIES COMPENDIUM
13676 C-2 MAY 2022
Titmice
Paridae—Chickadees and Titmice
Poecile Rufescens—Chestnut-Backed Chickadee
Wood Warblers and Allies
Parulidae—Wood-Warblers
Setophaga Townsendi—Townsend's Warbler
Woodpeckers
Picidae—Woodpeckers and Allies
Melanerpes Formicivorus—Acorn Woodpecker
Dryobates Nuttallii—Nuttall's Woodpecker
Dryobates Pubescens—Downy Woodpecker
New World Sparrows
Passerellidae—New World Sparrows
Junco Hyemalis—Dark-Eyed Junco
Melozone Crissalis—California Towhee
Zonotrichia Atricapilla—Golden-Crowned Sparrow
Invertebrates
Butterflies
Nymphalidae—Brush-Footed Butterflies
Adelpha Bredowii—California Sister
Danaus Plexippus—Monarch
Vanessa Annabella—West Coast Lady
Mammals
Hares and Rabbits
Leporidae—Hares and Rabbits
Sylvilagus Bachmani—Brush Rabbit
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ATTACHMENT C / WILDLIFE SPECIES COMPENDIUM
13676 C-3 MAY 2022
Squirrels
SCIURIDAE—SQUIRRELS
Sciurus Griseus—Western Gray Squirrel
 Sciurus Niger—Eastern Fox Squirrel*
Ungulates
Cervidae—Deers
Odocoileus Hemionus—Mule Deer
Reptiles
Lizards
Phrynosomatidae—Iguanid Lizards
Sceloporus Occidentalis—Western Fence Lizard
 Signifies Introduced (Non-Native) Species
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Attachment D
Special-Status Plant Species Potential to Occur
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ATTACHMENT D / SPECIAL-STATUS PLANT SPECIES POTENTIAL TO OCCUR 13676 D-1
MAY 2022
Scientific Name Common Name
Status
(Federal/State) Habitat Potential to Occur PTO
Agrostis lacuna-vernalis vernal pool bent
grass
None/None/1B.1 Vernal pools (mima
mounds)/annual
herb/Apr–May/
377–475
Not expected to occur. The site is
outside of the species’ known elevation
range.

N
Allium hickmanii Hickman's onion None/None/1B.2 Closed-cone coniferous forest,
Chaparral (maritime),
Coastal prairie,
Coastal scrub, Valley
and foothill
grassland/perennial
bulbiferous herb/
Mar–May/16–655
Moderate potential to occur. The
closest known occurrences is within 1.3
miles of the project site. Bulb species
can persist in understory for a long
time. There is suitable habitat.

M
Arctostaphylos edmundsii Little Sur
manzanita
None/None/1B.2 Coastal bluff scrub,
Chaparral; sandy/
perennial evergreen
shrub/Nov–Apr(May)/
33–345
Not expected to occur. Closest known
occurrence to a project site is over 7.25
miles away. The project site does not
contain suitable habitat.

N
Arctostaphylos hookeri
ssp. hookeri
Hooker's
manzanita
None/None/1B.2 Closed-cone
coniferous forest,
Chaparral,
Cismontane
woodland, Coastal
scrub; sandy/
perennial evergreen
shrub/Jan–
June/197–1,755
Moderate potential to occur. The
closest known occurrences is within 0.1
miles of the project site. There is
suitable habitat.

M
Arctostaphylos
montereyensis
Toro manzanita None/None/1B.2 Chaparral (maritime),
Cismontane
woodland, Coastal
scrub;
sandy/perennial
evergreen shrub/
Feb–Mar/98–2,395
Not expected to occur. Closest known
occurrence to a project site is over 4.8
miles from theproject site. There is no
suitable habitat.

N
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Page 397 ends

ATTACHMENT D / SPECIAL-STATUS PLANT SPECIES POTENTIAL TO OCCUR 13676 D-2
MAY 2022
Scientific Name Common Name
Status
(Federal/State) Habitat Potential to Occur PTO
Arctostaphylos
pajaroensis
Pajaro manzanita None/None/1B.1 Chaparral (sandy)/
perennial evergreen
shrub/Dec–Mar/
98–2,490
Not expected to occur. While there is a
known occurrence within 1 mile of the
project site. There is no suitable
habitat for this species.

N
Arctostaphylos pumila sandmat
manzanita
None/None/1B.2 Closed-cone coniferous
forest, Chaparral
(maritime), Cismontane
woodland, Coastal
dunes, Coastal scrub;
sandy, openings/
perennial evergreen
shrub/Feb–May/
10–675
High potential to occur. There are three
known locations of this species within

0.5 miles of the project site. There is
suitable habitat for this species.

H
Arenaria paludicola marsh sandwort FE/SE/1B.1 Marshes and swamps (freshwateror
brackish); sandy,
openings/perennial
stoloniferous herb/
May–Aug/10–560
Not expected to occur. The project sites
do not contain suitable habitat.

N
Astragalus tener var. titi coastal dunes milkvetchFE/SE/1B.1 Coastal bluff scrub (sandy), Coastal
dunes, Coastal prairie
(mesic); often vernally
mesic areas/annual
herb/Mar–May/
3–165
Not expected to occur. The project sites
do not contain suitable habitat.

N
Castilleja ambigua var.
insalutata
pink Johnny-nip None/None/1B.1 Coastal prairie,
Coastal scrub/annual
herb (hemiparasitic)/
May–Aug/0–330
Low potential to occur. CNDDB Occ. No.
12 for the Monterey Quad overlaps the
project site and the population is noted
as presumed extant. However, the
project site does not contain much
suitable habitat.

L
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ATTACHMENT D / SPECIAL-STATUS PLANT SPECIES POTENTIAL TO OCCUR 13676 D-3
MAY 2022
Scientific Name Common Name
Status
(Federal/State) Habitat Potential to Occur PTO
Centromadia parryi ssp.
congdonii
Congdon's tarplant None/None/1B.1 Valley and foothill
grassland (alkaline)/
annual herb/May–
Oct(Nov)/0–755
Not expected to occur. The project sites
do not contain suitable habitat. The
closest occurrence is over 10 miles
away.

N
Chorizanthe minutiflora Fort Ord
spineflower
None/None/1B.2 Chaparral (maritime),
Coastal scrub; Sandy
openings/annual
herb/Apr–July/
180–490
Not expected to occur. The project sites
do not contain suitable habitat. The
closest occurrence is over 7 miles
away.

N
Chorizanthe pungens var.
pungens
Monterey
spineflower
FT/None/1B.2 Chaparral (maritime),
Cismontane
woodland, Coastal
dunes, Coastal scrub,
Valley and foothill
grassland; sandy/
annual herb/Apr–
June(July–Aug)/
10–1,475
Low potential to occur. CNDDB Occ. No.
17 for the Monterey Quad overlaps the
project site and the population is noted
as presumed extant. However, the
project site does not contain much
suitable habitat.

L
Clarkia jolonensis Jolon clarkia None/None/1B.2 Chaparral, Cismontane
woodland, Coastal
scrub, Riparian
woodland/annual
herb/Apr–June/
66–2,165
Low potential to occur. CNDDB Occ. No.
13 for the Monterey Quad overlaps the
project site however the population is
extirpated. The closest extant
population is over 7.5 miles from the
project site.

L
Collinsia multicolor San Francisco
collinsia
None/None/1B.2 Closed-cone
coniferous forest,
Coastal scrub;
sometimes
serpentinite/annual
herb/(Feb)Mar–May/
98–902
High potential to occur. CNDDB Occ.

No. 1 for the Monterey Quad overlaps
the project site and the population is
noted as presumed extant. There is
suitable habitat.

H
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ATTACHMENT D / SPECIAL-STATUS PLANT SPECIES POTENTIAL TO OCCUR 13676 D-4
MAY 2022
Scientific Name Common Name
Status
(Federal/State) Habitat Potential to Occur PTO
Cordylanthus rigidus ssp.
littoralis
seaside bird's-beak None/SE/1B.1 Closed-cone
coniferous forest,
Chaparral (maritime),
Cismontane
woodland, Coastal
dunes, Coastal scrub;
sandy, often disturbed
sites/annual herb
(hemiparasitic)/
Apr–Oct/0–1,685
Low potential to occur. The project sites
does have suitable habitat. However
the closest known extant occurnaces
are over 5.3 miles.

L
Delphinium californicum
ssp. interius
Hospital Canyon
larkspur
None/None/1B.2 Chaparral (openings),
Cismontane woodland
(mesic), Coastal
scrub/perennial herb/
Apr–June/640–3,590
Not expected to occur. The site is
outside of the species’ known elevation
range.

N
Delphinium hutchinsoniae Hutchinson's
larkspur
None/None/1B.2 Broadleafed upland
forest, Chaparral,
Coastal prairie,
Coastal scrub/
perennial herb/
Mar–June/0–1,400
Low potential to occur. CNDDB Occ. No.
9 for the Monterey Quad overlaps the
project site and the population is noted
as presumed extant. However, the
project site does not contain much
suitable habitat.

L
Ericameria fasciculata Eastwood's
goldenbush
None/None/1B.1 Closed-cone
coniferous forest,
Chaparral (maritime),
Coastal dunes,
Coastal scrub; sandy,
openings/perennial
evergreen shrub/
July–Oct/98–900
Low potential to occur. The project sites
does have suitable habitat. The closest
known occurrences are 0.5 mile away.

L
Eriogonum nortonii Pinnacles
buckwheat
None/None/1B.3 Chaparral, Valley and
foothill grassland;
sandy, often on recent
burns/annual
herb/(Apr)May–
Aug(Sep)/984–3,195
Not expected to occur. The site is
outside of the species’ known elevation
range.

N
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ATTACHMENT D / SPECIAL-STATUS PLANT SPECIES POTENTIAL TO OCCUR 13676 D-5
MAY 2022
Scientific Name Common Name
Status
(Federal/State) Habitat Potential to Occur PTO
Erysimum ammophilum sand-loving
wallflower
None/None/1B.2 Chaparral (maritime),
Coastal dunes,
Coastal scrub; sandy,
openings/perennial
herb/Feb–June/
0–195
Not expected to occur. There is not
suitable habitat for this species
N
Erysimum menziesii Menzies wallflower FE/SE/1B.1 Coastal dunes/ perennial herb/
Mar–Sep/0–115
Not expected to occur. While there are
a few known occurrences within 0.5
mile of the project site. This species
has specific habitat requirements and
the project site does not contain
suitable habitat.

N
Fritillaria liliacea fragrant fritillary None/None/1B.2 Cismontane woodland, Coastal
prairie, Coastal scrub,
Valley and foothill
grassland; Often
serpentinite/perennial
bulbiferous herb/
Feb–Apr/10–1,345
Not expected to occur. This species has
specific habitat requirements and the
project site does not contain suitable
habitat.

N
Gilia tenuiflora ssp.
arenaria
Monterey gilia FE/ST/1B.2 Chaparral (maritime),
Cismontane
woodland, Coastal
dunes, Coastal scrub;
sandy, openings/
annual herb/
Apr–June/0–150
Moderate potential to occur. There are
4 known occurrences within 0.5 mile of
the project site. However, suitable
habitat would be most likely in forest
canopy openings.

M
Hesperocyparis goveniana Gowen cypress FT/None/1B.2 Closed-cone coniferous forest,
Chaparral (maritime)/
perennial evergreen
tree/N.A./98–985
Not expected to occur. Closest known
occurrence to a project site is over 3.7
miles from the project site. This species
is an evergreen tree so would be easily
detected if it was present.

N
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ATTACHMENT D / SPECIAL-STATUS PLANT SPECIES POTENTIAL TO OCCUR 13676 D-6
MAY 2022
Scientific Name Common Name
Status
(Federal/State) Habitat Potential to Occur PTO
Hesperocyparis
macrocarpa
Monterey cypress None/None/1B.2 Closed-cone
coniferous forest/
perennial evergreen
tree/N.A./33–100
Not expected to occur. This species is
present in the project site but is
naturalized. This species only occurs in
two natural stands in Monterey County
(not in the project site). The species is
widely planted and naturalized
elsewhere on the coast and beyond.

N
Horkelia cuneata var.
sericea
Kellogg's horkelia None/None/1B.1 Closed-cone
coniferous forest,
Chaparral (maritime),
Coastal dunes,
Coastal scrub; sandy
or gravelly, openings/
perennial herb/
Apr–Sep/33–655
Moderate potential to occur. CNDDB
Occ. No. 8 for the Monterey Quad
overlaps the project site and the
population is noted as presumed
extant. There is suitable habitat
especially along forest edges and in
canopy openings.

M
Horkelia marinensis Point Reyes
horkelia
None/None/1B.2 Coastal dunes,
Coastal prairie,
Coastal scrub; sandy/
perennial herb/
May–Sep/16–2,475
Not expected to occur. The project sites
do not contain suitable habitat and
there are no known occurrences
nearby.

N
Lasthenia conjugens Contra Costa
goldfields
FE/None/1B.1 Cismontane
woodland, Playas
(alkaline), Valley and
foothill grassland,
Vernal pools; mesic/
annual herb/
Mar–June/0–1,540
Not expected to occur. The project sites
do not contain suitable habitat and
there are no known occurrences
nearby.

N
Layia carnosa beach layia FE/SE/1B.1 Coastal dunes,
Coastal scrub
(sandy)/annual herb/
Mar–July/0–195
Low potential to occur. There are two
known occurrences within 0.5 miles of the
project site. However, the project site does
not contain much suitable habitat.

L
Lupinus tidestromii Tidestrom's lupine FE/SE/1B.1 Coastal dunes/ perennial rhizomatous
herb/Apr–June/
0–330
Low potential to occur. There are seven
known occurrences within 1.0 mile of the
project site. However, the project site does
not contain much suitable habitat.

L
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ATTACHMENT D / SPECIAL-STATUS PLANT SPECIES POTENTIAL TO OCCUR 13676 D-7
MAY 2022
Scientific Name Common Name
Status
(Federal/State) Habitat Potential to Occur PTO
Malacothamnus palmeri
var. involucratus
Carmel Valley bushmallow
None/None/1B.2 Chaparral, Cismontane
woodland, Coastal
scrub/perennial
deciduous shrub/
Apr–Oct/98–3,605
Moderate potential to occur. CNDDB
Occ. No. 20 for the Monterey Quad
overlaps the project site and the
population is noted as presumed
extant. However, the project site does
not contain much suitable habitat.

M
Microseris paludosa marsh microseris None/None/1B.2 Closed-cone coniferous forest, Cismontane
woodland, Coastal
scrub, Valley and
foothill grassland/
herb/Apr–June(July)/
16–1,160
High potential to occur. CNDDB Occ.

No. 3 for the Monterey Quad overlaps
the project site and the population is
noted as presumed extant. There is
suitable habitat for this species.

H
Monardella sinuata ssp.
nigrescens
northern curlyleaved monardellaNone/None/1B.2 Chaparral (SCR Co.), Coastal dunes, Coastal
scrub, Lower montane
coniferous forest (SCR
Co., ponderosa pine
sandhills); Sandy./
annual herb/(Apr)May–
July(Aug–Sep)/0–985
High potential to occur. CNDDB Occ.

No. 4 for the Monterey Quad overlaps
the project site and the population is
noted as presumed extant. There is
suitable habitat for this species.

H
Pinus radiata Monterey pine None/None/1B.1 Closed-cone
coniferous forest,
Cismontane
woodland/perennial
evergreen tree/
N.A./82–605
Present. This species is present in the
project site and is within the CNDDB
occurrence of its estimated historic
range on the Monterey peninsula.The
species is widely planted and
naturalized elsewhere.

P
Piperia yadonii Yadon's rein orchid FE/None/1B.1 Coastal bluff scrub, Closed-cone
coniferous forest,
Chaparral (maritime);
sandy/perennial
herb/(Feb)May–
Aug/33–2,475
Present.CNDDB Occ. No. 4 for the
Monterey Quad states that there is a
known population in the project site.

P
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ATTACHMENT D / SPECIAL-STATUS PLANT SPECIES POTENTIAL TO OCCUR 13676 D-8
MAY 2022
Scientific Name Common Name
Status
(Federal/State) Habitat Potential to Occur PTO
Potentilla hickmanii Hickman's
cinquefoil
FE/SE/1B.1 Coastal bluff scrub,
Closed-cone
coniferous forest,
Meadows and seeps
(vernally mesic),
Marshes and swamps
(freshwater)/perennia
l herb/Apr–Aug/
33–490
Moderate potential to occur. There is a
known occurrence within 0.6 miles of
the project site. There is suitable
habitat.

M
Ramalina thrausta angel's hair lichen None/None/2B.1 North Coast coniferous forest; On
dead twigs and other
lichens/fruticose
lichen (epiphytic)/
N.A./246–1,410
Moderate potential to occur. There is a
known occurrence within 1.4 miles of
the project site. There is suitable
habitat.

M
Rosa pinetorum pine rose None/None/1B.2 Closed-cone
coniferous forest,
Cismontane
woodland/perennial
shrub/May,July/
7–3,100
Moderate potential to occur. There are
two known occurrence within 0.6 miles
of the project site. There is suitable
habitat.

M
Trifolium buckwestiorum Santa Cruz clover None/None/1B.1 Broadleafed upland forest, Cismontane
woodland, Coastal
prairie; gravelly,
margins/annual herb/
Apr–Oct/344–2,000
Not expected to occur. The site is
outside of the species’ known elevation
range.

N
Trifolium hydrophilum saline clover None/None/1B.2 Marshes and swamps, Valley and foothill
grassland (mesic,
alkaline), Vernal
pools/annual herb/
Apr–June/0–985
Low potential to occur. CNDDB Occ. No.
20 for the Monterey Quad overlaps the
project site. This based on a 1907
herbarium collection. However, the
project site does not contain much
suitable habitat.

L
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ATTACHMENT D / SPECIAL-STATUS PLANT SPECIES POTENTIAL TO OCCUR 13676 D-9
MAY 2022
Scientific Name Common Name
Status
(Federal/State) Habitat Potential to Occur PTO
Trifolium polyodon Pacific Grove clover None/SR/1B.1 Closed-cone coniferous forest,
Coastal prairie,
Meadows and seeps,
Valley and foothill
grassland; mesic,
sometimes granitic/
annual herb/Apr–
June(July)/16–1,390
Moderate potential to occur. There is a
known occurrence within 0.5 miles of
the project site. There is suitable
habitat.

M
Trifolium trichocalyx Monterey clover FE/SE/1B.1 Closed-cone coniferous forest
(sandy, openings,
burned areas)/annual
herb/Apr–June/
98–1,000
Moderate potential to occur. There is
are several known occurances within 2
miles of the project site. There is
suitable habitat.

M
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Attachment E
Special-Status Wildlife Species Potential to Occur
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ATTACHMENT E / SPECIAL-STATUS WILDLIFE SPECIES POTENTIAL TO OCCUR 13676 E-1
MAY 2022
Row Labels Common Name
Status
(Federal/State) Habitat Potential to Occur
Amphibians
Ambystoma
californiense pop. 1
California tiger
salamander -
central California
DPS
FT/ST, WL Annual grassland, valley–
foothill hardwood, and valley–
foothill riparian habitats;
vernal pools, other ephemeral
pools, and (uncommonly)
along stream courses and
man-made pools if predatory
fishes are absent
Not expected to occur. The project site lacks
grassland, vernal pool, and ephemeral pool habitat
to support this species. There are no California
Natural Diversity Database (CNDDB) occurrences for
this species within 5 miles of the project site (CDFW
2021).

Rana boylii foothill yellowlegged frogNone/SSC, SE Rocky streams and rivers with open banks in forest,
chaparral, and woodland
Not expected to occur. The project site lacks rocky
streams and rivers to support this species. The
nearest CNDDB occurrence for this species is
approximately 1.5 miles southwest of the project
site in Sawmill Gulch (CDFW 2021).

Rana draytonii California redlegged frogFT, BCC/SSC Lowland streams, wetlands, riparian woodlands, livestock
ponds; dense, shrubby or
emergent vegetation
associated with deep, still or
slow-moving water; uses
adjacent uplands
Not expected to occur. The project site lacks
suitable stream wetland, livestock pond and
emergent vegetated habitat to support this species.

The nearest CNDDB occurrence is approximately

2.4 miles southwest of the project site in Seal Rock
Creek (CDFW 2021).

Taricha torosa
(Monterey Co. south
only)
California newt None/SSC Wet forests, oak forests,
chaparral, and rolling
grassland
Low potential to occur. Although the project site
contains suitable oak forest habitat to support this
species, there is no aquatic breeding features to
support this species. Additionally, there are no
CNDDB occurences for this species within 5 miles of
the project site (CDFW 2021).

Reptiles
Actinemys marmorata northwestern pond
turtle
None/SSC Slow-moving permanent or
intermittent streams, ponds,
small lakes, and reservoirs
with emergent basking sites;
adjacent uplands used for
nesting and during winter
Not expected to occur. The project site lacks
stream, pond, lake and reservoir habitat to support
this species. The nearest CNDDB occurrence is
approximately 0.8 miles southeast of the project
site in Pacific Grove Reservoir (CDFW 2021).

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ATTACHMENT E / SPECIAL-STATUS WILDLIFE SPECIES POTENTIAL TO OCCUR 13676 E-2
MAY 2022
Row Labels Common Name
Status
(Federal/State) Habitat Potential to Occur
Anniella pulchra northern California
legless lizard
None/SSC Coastal dunes, stabilized
dunes, beaches, dry
washes, valley–foothill,
chaparral, and scrubs; pine,
oak, and riparian
woodlands; associated with
sparse vegetation and
sandy or loose, loamy soils
High potential to occur. The project site contains
suitable woodland habitat with sandy soils to
support this species. This species was documented
within the southwest corner of the project site in
2017 (Occ. No. 375) (CDFW 2021).

Phrynosoma blainvillii Blainville's horned
lizard
None/SSC Open areas of sandy soil in
valleys, foothills, and semiarid mountains including
coastal scrub, chaparral,
valley–foothill hardwood,
conifer, riparian, pine–
cypress, juniper, and annual
grassland habitats
Not expected to occur. The project site does not
contain suitable open sandy and coastal scrub
habitat to support this species. Additionally, there
are no CNDDB occurences for this species within 5
miles of the project site (CDFW 2021).

Birds
Agelaius tricolor
(nesting colony)
tricolored blackbird None/SSC, ST Nests near freshwater, emergent wetland with
cattails or tules, but also in
Himalayan blackberrry;
forages in grasslands,
woodland, and agriculture
Not expected to nest or forage. The project site
lacks freshwater emergent wetland nesting habitat
and grassland foraging habitat for this species.

Additionally, there are no CNDDB occurences for
this species within 5 miles of the project site (CDFW
2021).

Athene cunicularia
(burrow sites & some
wintering sites)
burrowing owl None/SSC Nests and forages in
grassland, open scrub, and
agriculture, particularly with
ground squirrel burrows
Not expected to nest or forage. The project site
lacks grassland and open scrub habitat for this
species. The nearest CNDDB occurrence is
approximately 3.5 miles southeast of the project
site (CDFW 2021).

Brachyramphus
marmoratus (nesting)
marbled murrelet FT/SE Nests in old-growth coastal
forests, forages in subtidal
and pelagic habitats
Not expected to nest or forage. The project site
lacks old-growth forest to support this species.

Additionally, there are no CNDDB occurences for
this species within 5 miles of the project site (CDFW
2021).

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ATTACHMENT E / SPECIAL-STATUS WILDLIFE SPECIES POTENTIAL TO OCCUR 13676 E-3
MAY 2022
Row Labels Common Name
Status
(Federal/State) Habitat Potential to Occur
Charadrius
alexandrinus nivosus
(nesting)
western snowy
plover
FT/SSC On coasts nests on sandy
marine and estuarine
shores; in the interior nests
on sandy, barren or
sparsely vegetated flats
near saline or alkaline
lakes, reservoirs, and ponds
Not expected to nest or forage. The project site
lacks sandy marine and estuarine shore habitat to
support this species. The nearest CNDDB
occurrence for this species is approximately 4.6
miles east of the project site (CDFW 2021).

Coturnicops
noveboracensis
yellow rail None/SSC Nesting requires wet
marsh/sedge meadows or
coastal marshes with wet
soil and shallow, standing
water
Not expected to nest or forage. The project site
lacks wet marsh/sedge meadow habitat to support
this species. The nearest CNDDB occurrence for this
species is approximately 0.9 miles northwest of the
project site (CDFW 2021).

Cypseloides niger
(nesting)
black swift None/SSC Nests in moist crevices,
caves, and cliffs behind or
adjacent to waterfalls in
deep canyons; forages over
a wide range of habitats
Not expected to nest or forage. The project site
lacks moist crevices, caves and cliffs behind
waterfalls to support this species. Additionally, there are no CNDDB occurences for this species within 5
miles of the project site (CDFW 2021).

Elanus leucurus
(nesting)
white-tailed kite None/FP Nests in woodland, riparian,
and individual trees near
open lands; forages
opportunistically in
grassland, meadows,
scrubs, agriculture,
emergent wetland,
savanna, and disturbed
lands.

Moderate potential to nest on site. The project site
contains several suitable nesting trees for this
species (Quercus spp., Pinus spp., etc.), however,
foraging habitat is limited and the project site is
surrounded by residential development. There are
no CNDDB occurences for this species within 5
miles of the project site (CDFW 2021).

Empidonax traillii
extimus (nesting)
southwestern
willow flycatcher
FE/SE Nests in dense riparian
habitats along streams,
reservoirs, or wetlands;
uses variety of riparian and
shrubland habitats during
migration
Not expected to nest or forage. The project site
lacks dense riparian habitat to support this species.

Additionally, there are no CNDDB occurences for
this species within 5 miles of the project site (CDFW
2021).

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ATTACHMENT E / SPECIAL-STATUS WILDLIFE SPECIES POTENTIAL TO OCCUR 13676 E-4
MAY 2022
Row Labels Common Name
Status
(Federal/State) Habitat Potential to Occur
Gymnogyps
californianus
California condor FE/FP, SE Nests in rock formations,
deep caves, and
occasionally in cavities in
giant sequoia trees
(Sequoiadendron
giganteus); forages in
relatively open habitats
where large animal
carcasses can be detected
Not expected to nest or forage. The project site
lacks rock formations, deep caves, and open habitat
to support this species. Additionally, there are no
CNDDB occurences for this species within 5 miles of
the project site (CDFW 2021).

Laterallus jamaicensis
coturniculus
California black rail None/FP, ST Tidal marshes, shallow freshwater margins, wet
meadows, and flooded
grassy vegetation; suitable
habitats are often supplied
by canal leakage in Sierra
Nevada foothill populations
Not expected to nest or forage. The project site
lacks tidal marsh and wet meadow habitat to
support this species. The nearest CNDDB
occurrence for this species is approximately 1.2
miles southwest of the project site (CDFW 2021).

Oceanodroma
homochroa (nesting
colony)
ashy storm-petrel None/SSC Nests on rocky offshore
islands on talus slopes,
rock walls, sea caves, cliffs,
and under piles of
driftwood; they do not
excavate their own nesting
burrows
Not expected to nest or forage. The project site
lacks rocky talus slope habitat to support this
species. Additionally, there are no CNDDB
occurences for this species within 5 miles of the
project site (CDFW 2021).

Pelecanus occidentalis
californicus (nesting
colonies & communal
roosts)
California brown
pelican
FPD/FP, SCD Forages in warm coastal
marine and estuarine
environments; in California,
nests on dry, rocky offshore
islands
Not expected to nest or forage. The project site
lacks coastal marine and estuarine habitat to
support this species. The nearest CNDDB
occurrence for this species is approximately 1.2
miles southwest of the project site (CDFW 2021).

Riparia riparia (nesting) bank swallow None/ST Nests in riparian, lacustrine, and coastal areas with
vertical banks, bluffs, and
cliffs with sandy soils; open
country and water during
migration
Not expected to nest or forage. The project site
lacks riparian, lacustrine and coastal habitat to
support this species. Additionally, there are no
CNDDB occurences for this species within 5 miles of
the project site (CDFW 2021).

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ATTACHMENT E / SPECIAL-STATUS WILDLIFE SPECIES POTENTIAL TO OCCUR 13676 E-5
MAY 2022
Row Labels Common Name
Status
(Federal/State) Habitat Potential to Occur
Sternula antillarum
browni (nesting colony)
California least tern FE/FP, SE Forages in shallow
estuaries and lagoons;
nests on sandy beaches or
exposed tidal flats
Not expected to nest or forage. The project site
lacks shallow estuary and lagoon habitat to support
this species. Additionally, there are no CNDDB
occurences for this species within 5 miles of the
project site (CDFW 2021).

Vireo bellii pusillus
(nesting)
least Bell's vireo FE/SE Nests and forages in low,
dense riparian thickets
along water or along dry
parts of intermittent
streams; forages in riparian
and adjacent shrubland late
in nesting season
Not expected to nest or forage. The project site
lacks dense riparian habitat to support this species.

Additionally, there are no CNDDB occurences for
this species within 5 miles of the project site (CDFW
2021).

Fishes
Eucyclogobius
newberryi
tidewater goby FE/None Brackish water habitats along
the California coast from Agua
Hedionda Lagoon, San Diego
County, to the mouth of the
Smith River
Not expected to occur. Aquatic habitat to support
this species is absent from the project site.

Lavinia exilicauda
harengus
Pajaro/Salinas
hitch
None/SSC Found in Pajaro and Salinas
river systems, both tributary
to Monterey Bay.

Not expected to occur. Aquatic habitat to support
this species is absent from the project site.

Oncorhynchus mykiss
irideus pop. 9
steelhead - southcentral California
coast DPS
FT/None Coastal basins from Redwood
Creek south to the Gualala
River, inclusive; does not
include summer-run
steelhead
Not expected to occur. Aquatic habitat to support
this species is absent from the project site.

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ATTACHMENT E / SPECIAL-STATUS WILDLIFE SPECIES POTENTIAL TO OCCUR 13676 E-6
MAY 2022
Row Labels Common Name
Status
(Federal/State) Habitat Potential to Occur
Mammals
Corynorhinus
townsendii
Townsend's bigeared batNone/SSC Mesic habitats
characterized by coniferous
and deciduous forests and
riparian habitat, but also
xeric areas; roosts in
limestone caves and lava
tubes, man-made
structures, and tunnels
Moderate potential to occur. Although the project
site contains suitable coniferous and deciduous
forest habitat, limestone caves, lava tubes, and
man-made strcutres are absent from the site for
roosting. However, the species may forage on the
site from time to time. There are no documented
CNDDB occurences of this species within 5 miles of
the project site (CDFW 2021).

Eumetopias jubatus Steller (=northern)
sea-lion
FPD/SSC Beaches, ledges, and rocky
reefs
Not expected to occur. Habitat for this species is
absent from the project site.

Lasiurus blossevillii Western red bat None/SSC Roosts primarily in trees, typically adjacent to open
fields or streams, which are
protected above and open
below for foraging; prefers
habitat edges and mosaics
with trees. Winter range
includes western lowlands
and coastal regions south
of San Francisco Bay.

High potential to occur. The numerous trees on the
project site are suitable for roosting by this species.

Sorex ornatus salarius Monterey shrew None/SSC Saltmarsh, riparian, wetlands, uplands of
Salinas River Delta
Not expected to occur. Saltmarsh and riparian
habitat for this species is absent from the project
site. This species has been documented in the
vicinity of Monterey (CDFW 2021).

Taxidea taxus American badger None/SSC Dry, open, treeless areas; grasslands, coastal scrub,
agriculture, and pastures,
especially with friable soils
Not expected to occur. The project site is too
densely forested to support this species, and
grassland/coastal scrub habitats are absent from
the site. This species has been documented in the
vicinity of Seaside (CDFW 2021).

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ATTACHMENT E / SPECIAL-STATUS WILDLIFE SPECIES POTENTIAL TO OCCUR 13676 E-7
MAY 2022
Row Labels Common Name
Status
(Federal/State) Habitat Potential to Occur
Invertebrates
Branchinecta lynchi vernal pool fairy
shrimp
FT/None Vernal pools, seasonally
ponded areas within vernal
swales, and ephemeral
freshwater habitats
Not expected to occur. Vernal pool and ephemeral
freshwater habitats to support this species is absent
from the project site.

Danaus plexippus
pop. 1
monarch butterfly FC/None Wind-protected tree groves
with nectar sources and
nearby water sources
Present. The project site contains suitable habitat
for this species, and the species was observed on
site during the October 2021 site visit. Additionally,
numerous observations of this species has been
made from 1960-2014 (Occ. No. 89) (CDFW 2021).

Euphilotes enoptes
smithi
Smith's blue
butterfly
FE/None Sand dunes, scrub,
chaparral, grassland, and
their ecotones
Not expected to occur. The project site does not
contain suitable sand dune, scrub, chaparral, or
grassland habitat to support this species. The
nearest documented CNDDB occurrence of this
species is approximately 4 miles southeast of the
project site (CDFW 2021).

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Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676
2 May 2022
Methods
Literature Review
Special-status species potentially present on the project site were identified through a literature search of the following sources: U.S. Fish and Wildlife Service’s Information for Planning and Consultation (IPaC) (USFWS 2021), California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB) (CDFW 2021a), and the California Native Plant Society’s Inventory of Rare and Endangered Plants of California (CNPS 2021).

Searches of the above-referenced databases were completed for the Monterey and four surrounding U.S. Geological Survey 7.5-minute quadrangles: Seaside, Soberanes Point, Marina, and Mt. Carmel.

The California Rare Plant Ranking (CRPR) system includes six rarity and endangerment ranks for categorizing plant species of concern, as follows:
• CRPR 1A – Plants presumed to be extinct in California • CRPR 1B – Plants that are rare, threatened, or endangered in California and elsewhere • CRPR 2A – Plants presumed to be extinct in California, but more common elsewhere • CRPR 2B – Plants that are rare, threatened, or endangered in California, but more common elsewhere • CRPR 3 – Plants about which more information is needed (a review list) • CRPR 4 – Plants of limited distribution (a watch list) Plants with CRPR 1A, 1B, 2A, or 2B may qualify as endangered, rare, or threatened species within the definition of California Environmental Quality Act (CEQA) Guidelines Section 15380. CDFW recommends that potential impacts to CRPR 1 and 2 species be evaluated in CEQA review documents. In general, CRPR 3 and 4 species do not meet the definition of endangered, rare, or threatened pursuant to CEQA Guidelines Section 15380, but these species may be evaluated on a case-by-case basis.

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Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676
3 May 2022
Species were considered “not expected to occur” when the project site was clearly outside the known geographic range of the species or when potential habitat was absent from the project site.

Ms. Laskowski performed a tree inventory and special-status plant habitat assessment on the project site on October 5, 2021 from 9 a.m. to 4 p.m. and on October 8, 2021 from 9 a.m. to 4 p.m. Weather during the site visits was overcast with an ambient temperature of approximately 65°F. The survey consisted of walking the entire site on foot and recording field notes on observed vegetation and wildlife species and habitat suitability for specialstatus plants.

No formal wetland delineation or focused surveys for special-status plant or animal species were conducted. The field visit was sufficient to generally describe aquatic features on the project site that could be subject to regulation by the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and/or CDFW.

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Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676
4 May 2022
planted as windbreaks, groves, or individual trees and are naturalized in coastal areas. Because of their artificial origin, they do not contain a global or state rarity ranking.

Soils and Hydrology
According to the U.S. Department of Agriculture Natural Resources Conservation Service (USDA 2021), three soil types occur within the project site: Baywood sand, 2 to 15 percent slopes; Narlon loamy fine sand, 2 to 9 percent slopes; and Narlon loamy fine sand, 15 to 30 percent slopes (see Figure 4, Soils). The project site mostly consists of the Narlon loamy fine sand complex; the Baywood sand soil type is found along the southwestern boundary of the site, north of the baseball field. The Narlon loamy fine sand complexes are considered to be poorly drained hydric soils with a very high runoff class. Baywood sand in non-hydric, although hydric inclusions may occur. None of the soil types are known to support edaphic special-status plant species (i.e., the soils of the site are neither serpentine nor alkaline).

Plant and Wildlife Species Observed
Most vegetation on the project site consists of native or naturalized species; 47 species of plants (28 native [60%] and 19 nonnative [40%] species) were recorded on the site (see Attachment B). The field visit was conducted late in the growing season when many plants are not evident or identifiable. As such, floristic surveys conducted at the appropriate time of the growing season would likely yield a greater number of identifiable species. The understory vegetation observed on the project site included annual grasses such as ripgut brome (Bromus hordeaceus), big quakinggrass (Briza maxima), wild oats (Avena barbata/fatua),perennial rye grass (Festuca perennis), mouse barley (Hordeum murinum) and others. Perennials, subshrubs and shrubs include blackberry (Rubus ursinus), toyon (Heteromeles arbutifolia), poison oak (Toxicodendron diversilobum), monkey flower (Diplacus aurantiacus), western brakenfern (Pteridium aquilinum), English ivy (Hedra helix), hedgenettle (Stachys bullata), broom (Cytisus scoparius), vining honeysuckle (Lonicera hispidula) and others.

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Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676
5 May 2022
Results
Special-Status Plant and Wildlife Species
Special-Status Plant Species
Results of the CNDDB, California Native Plant Society, and IPaC database searches revealed 75 special-status plant species as historically or potentially occurring in the site vicinity (Attachment D, Special-Status Plant Species Potential to Occur). Of these, 31 were eliminated from consideration because they were CRPR rankings of 3 and 4.

This narrowed the list to include plants that are state and federally listed and/or with a CRPR of 1 or 2.

Each of the remaining 44 species were evaluated based on suitable habitat or edaphic conditions (i.e., alkaline or serpentine soils), or the sites’ location outside of their known range and the proximity of known populations to the project areas. The site supports planted Monterey cypress but is outside the range of naturally occurring stands at Cypress Point and Point Lobos State Park near Carmel with a CRPR of 1B.2; therefore, this species is not expected to occur. Two special-status plant species are known to occur on or near the project site: Monterey pine (Pinus radiata) and Yadon's rein orchid (Piperia yadonii). Four species were determined to have a high potential to occur in the project site. Those include sandmat manzanita (Arctostaphylos pumila), San Francisco collinsia (Collinsia multicolor), marsh microseris (Microseris paludosa), northern curly-leaved monardella (Monardella sinuata ssp. nigrescens). The status of these species is briefly discussed below.

The species is widely planted and naturalized elsewhere on the coast and beyond.

Northern curly-leaved monardella has a CRPR of 1B.2 and is a perennial herb with a high potential to occur on the site. This species occurs in chaparral, lower montane coniferous forest, coastal scrub and coastal dunes. The collection source for the CNDDB occurrence of this species in the area is from 1932 so the location description is based on a best guess (Occ. No. 4) (CDFW 2021a). It is likely to be found on stabilized dunes in the vicinity.

Sandmat manzanita has a CRPR of 1B.2 and is a perennial evergreen shrub with a high potential to occur on the site. This species has three known populations within 0.5 mile of the project site. Within those locations the species has been extensively mapped and a noted increase in population density from 2004 to 2015 (Occ. Nos. 9, 14, and 20) (CDFW 2021a).

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Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676
6 May 2022
San Francisco collinsia has a CRPR or 1B.2 and is an annual herb with a high potential to occur on the site. This species occurs in closed-cone coniferous forest and coastal scrub habitat. A historical occurrence comprised of a 1903 collection at an unspecified location overlaps a 1-mile-radius area centered on Pacific Grove, including the project site (Occ. No. 3; CDFW 2021a). The site provides high-quality habitat for this species.

Yadon’s rein orchid is federally endangered with the CRPR or 1B.1. It is a perennial herb that is known to occur in closed cone coniferous forest, coastal bluff scrub and chaparral. It is known to occur on the project site (Occ. No. 4) (CDFW 2021a) and there are multiple occurrences in the vicinity. It has been noted as occurring in the understory of Monterey pine within patchy but dense Calamagrostis nutkensis (CDFW 2021a). It was noted that the roadside mowing and vehicles parking along the road are a threat to this species.

Because the site visits were conducted outside of the blooming period for the above-mentioned plant species, most of these species would not have been evident or identifiable during the site visit.

White-tailed kite has a moderate potential to nest within the project site. The project site contains suitable nest trees (Quercus spp., Pinus spp., etc.), however foraging habitat is marginal due to the lack of open habitat and PGCC 9-6-2023

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Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676
7 May 2022
density of trees on the site, and the site is immediately surrounded by residential development. This species was not observed during any of Dudek’s site visits and has not been documented in the CNDDB within 5 miles of the project site (CDFW 2021a). However, there are several recent eBird observations of this species within and adjacent to the project site from 2015-2021, including one observation from 2019 within the middle of the project site (eBird 2021).

Special-Status Bats
Townsend’s big-eared bat (Corynorhinus townsendii) is a California Species of Special Concern that is known to roost in limestone caves and lava tubes, man-made structures, and tunnels. This species inhabits deciduous forests and riparian habitat. The project site does not contain suitable roosting habitat for this species due to the lack of man-made structures and caves onsite, however, there is moderate potential for this species to occasionally forage on site and roost within the structures adjacent to the project site. Because the project site is surrounded by urban development and subject to frequent human disturbance, Townsend’s big-eared bat is unlikely to occur in large numbers, if present.

The numerous trees on the site provide suitable roosting habitat for special-status (e.g., western red bat) and common foliage-roosting bat species. Additionally, many of the trees on site contain hollowed out cavities in which common bat species may roost.

Signs of roosting bat occupancy (i.e., guano or staining) were not observed within the project site during the field visit.

The project site contains suitable habitat for this species, and there are numerous documented occurrences of this species within the site from 1960-2014 (Occ. No. 89) (CDFW 2021a). Additionally, this species was observed within the project site during the October site visits.

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Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676
8 May 2022
Potentially Jurisdictional Aquatic Resources
The project site does not support any aquatic resource features that may be regulated by the USACE under Section 404 of the Clean Water Act, San Francisco Bay RWQCB under Section 401 of the Clean Water Act or California Porter-Cologne Act (Porter-Cologne), and/or CDFW under Section 1602 of the California Fish and Game Code.

The project site consists of one vegetation community, Monterey cypress – Monterey pine stands, which is not listed as a sensitive vegetation community under the California Natural Community List (CDFW 2021b).

Protected Trees
Chapter 12.20.020 of the City of Pacific Grove’s municipal code describes five categories of protected trees; (1) Native Trees. All Gowen cypress, regardless of size; all Coast live oak, Monterey cypress, Shore pine, Torrey pine, and Monterey pine six inches or greater in trunk diameter, measured at 54 inches above native grade. (2) All Other Private Trees. In addition to subsection (a)(1) of this section, all other Trees on private property, regardless of species, 12 inches or greater in trunk diameter, measured at 54 inches above native grade. (3) Monarch Butterfly Habitat Trees. All Trees in or within 100 yards of designated Monarch sanctuaries. For the purposes of this title, the following sites are designated as Monarch sanctuaries, serving as official Pacific Grove Monarch butterfly over-wintering sites:
(A) Monarch Grove Sanctuary. That portion of land bordered on the east and west by Ridge Road and Grove Acre Avenue, respectively, on the south by Short Street, and on the north by the northerly boundary of assessor’s parcel numbers 006-361-30-031, -032, -033, and -034, extended from Grove Acre easterly to Ridge Road.
(B) Washington Park Site. That portion of land bordered on the east and west by Alder Street and Melrose Avenue, respectively, on the north by Pine Avenue, and on the south by the imaginary extension of Junipero Avenue westerly from Alder to Melrose. (4) Public Trees. All Trees on Public Property six inches or greater in trunk diameter, measured at 54 inches above native grade, and all Street Trees, regardless of size. (5) Designated Trees. All Trees that are otherwise Protected and will be impacted as a result of Development, both proposed for Pruning or Removal and where the Development will impact the Critical Root Zone of the Tree that requires protection during construction, and all Trees otherwise identified- during Development or otherwise- for special protection by the property owner. Trees that are proposed to be Removed as part of a Development project shall be processed as part of the community.

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Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676
9 May 2022
Based on the forest inventory conducted by Dudek foresters, about two-thirds of the trees present within the project site would qualify as a protected tree by being a native tree (category 1), a public tree (category 2) or a Monarch Butterfly Habitat Tree (category 3) and being over 6 inches in diameter.

Summary of Site Constraints and Recommendations
The implementation of the proposed project could potentially be constrained by the following biological resources present or potentially present within or immediately adjacent to the project site.

Special-Status Plants
As described above, two special-status plants are known to occur within the project site (Monterey pine, and Yadon’s rein orchid). Additionally, four special-status plants have a high potential to occur in within the project site (sandmat manzanita, San Francisco collinsia, marsh microseris, and northern curly-leaved monardella). Vegetation removal activities associated with project implementation could directly impact these species, if present. To protect specialstatus plant species, Dudek recommends that a qualified botanist conduct appropriately timed special-status plant surveys prior to vegetation removal activities at the appropriate period when these species are evident and identifiable. If any special-status plants are identified, they should be flagged with high-visibility flagging and completely avoided. If avoidance is not feasible, a species-specific mitigation plan should be prepared that describes the measures to be implemented to reduce and mitigate unavoidable impacts to special-status plants.

Northern California legless lizard. As previously described, the project site provides suitable habitat for Northern California legless lizard, and this species has historically been documented within the project site. Proposed vegetation removal activities could disturb habitat for this species, and potentially impact individual Northern California legless lizards. To prevent impacts to Northern California legless lizards, Dudek recommends that a qualified biologist conduct a pre-activity survey for this species no more than 7 days prior to the start of project activities. The survey shall consist of gently raking any loose soil, sand, or leaf litter with a wooden rake until all Northern California legless lizards are found. Any Northern California legless lizards found within the project site shall be relocated to similar habitat outside of the area of impact.

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Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676
10 May 2022
the qualified biologist based on species, location, and planned project activity. These nests would be avoided until the chicks have fledged and the nests are no longer active, as determined by the qualified biologist.

Townsend’s Big-eared Bat and Other Roosting Bats. As previously described, the project site provides suitable foraging habitat for Townsend’s big-eared bat, and suitable roosting habitat for foliage-roosting, and cavity-roosting bat species. If project activities require the removal of trees during peak activity timeframes when young or overwintering bats may be present (generally March through April and August through October), such activities could directly impact active bat roosts. To avoid impacts to active bat roosts, Dudek recommends that tree removals occur outside peak activity timeframes to the extent practicable. Additionally, it is recommended that daily restrictions on the timing of any work activities should be limited to daylight hours to reduce disturbance to roosting (and foraging) bat species.

Protected Trees
Approximately two-thirds of the trees on the site meet the criteria for protection under Chapter 12.20 of the City’s municipal code. The City would not be required to obtain a permit to remove trees within the park as part of City approved Forest Management Plan. However, the City would be required to adhere to the management restrictions for tree removal inside of and within 100 yards of a Monarch Sanctuary. This would include limiting removals to the prescriptions in the approved Monarch Habitat Management plan and prohibiting the removal or pruning of trees during the months of October through April. Tree pruning on protected trees is permitted provided no more than 25% of the live crown is removed during any treatment.

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Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676
11 May 2022
All tree pruning and removal work would be required to take place outside of the nested periods of listed threatened, endangered, or special status species as specified by the California Department of Fish and Game or U.S. Fish and Wildlife Service.

Please contact me if you have any questions regarding the content of this report.

Sincerely,
____________________________________
Emily Scricca
Biologist
Att.: Figures 1-5
Attachment A, Representative Photographs of the Project Site Attachment B, Plant Species Compendium
Attachment C, Wildlife Species Compendium
Attachment D, Special-Status Plant Species Potential to Occur Attachment E, Special-Status Wildlife Species Potential to Occur cc: Matt Ricketts, Dudek
Jeremy Cawn, Dudek
References Cited
CDFW (California Department of Fish and Wildlife). 2021a. California Natural Diversity Database. CDFW, Biogeographic Data Branch. Accessed October 2021. https://www.dfg.ca.gov/biogeodata/cnddb/mapsanddata.asp.

CDFW. 2021b. California Natural Community List. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=153609&inline CNPS (California Native Plant Society, Rare Plant Program). 2021. Inventory of Rare and Endangered Plants (online edition, v8-02). California Native Plant Society, Sacramento, CA. Accessed October 2021. http://www.rareplants.cnps.org.
eBird. 2021. eBird: An online database of bird distribution and abundance [web application]. Ithaca, New York:

Cornell Lab of Ornithology. Accessed October 2021. http://www.ebird.org.

Google Earth Pro (7.3.3.7699 [64-bit]). 2021. 36° 62' 05.64"N, 121° 92' 84.63"W. Borders and labels; places layers. Google, LLC. May 5, 2018. Accessed October 2021. http://www.google.com/earth/index.html.

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Office of the City Clerk, City of Pacific Grove
Subject: Biological Resources Constraints Assessment for the Proposed Management Plan for Forested Area of George Washington Park, Pacific Grove, Monterey County, California 13676
12 May 2022
Jepson Flora Project. 2021. Jepson eFlora. Berkeley, California: University of California. Accessed October 2021. https://ucjeps.berkeley.edu/eflora/.

Morey, S. 2000. “California Legless Lizard, Anniella pulchra.” In Life History Accounts and Range Maps—California Wildlife Habitat Relationships System, edited by R. Duke. California Department of Fish and Game, California Interagency Wildlife Task Group. Updated September 2000. http://www.dfg.ca.gov/biogeodata/cwhr/cawildlife.aspx.

Peeters, H., and P. Peeters. 2005. Raptors of California. Berkeley, CA: University of California Press.

Stebbins, R.C. 2003. A Field Guide to Western Reptiles and Amphibians. 3rd ed. Peterson Field Guide. New York, New York: Houghton Mifflin Company.

USDA (U.S. Department of Agriculture). 2021. Web Soil Survey. USDA, Natural Resources Conservation Service, Soil Survey Staff. http://websoilsurvey.nrcs.usda.gov/.

USFWS. 2021. IPaC (Information for Planning and Consultation) Search. Accessed October 2021. http://www.fws.gov/data.

USGS (U.S. Geological Survey). 2021. National Hydrography Dataset: GIS Online viewer. Accessed October 2021. http://nhd.usgs.gov/.

WRCC (Western Regional Climate Center). 2021. Monterey, California (045795). Monthly Climate Summary.

Accessed October 2021. https://wrcc.dri.edu/cgi-bin/cliMAIN.pl?ca5795 Xerces Society. 2020. State of the Monarch Butterfly Overwintering Sites in California. Report to the U.S. Fish and Wildlife Service. Accessed Online 12-20-21 at: https://xerces.org/sites/default/files/2018-05/16 015_01_XercesSoc_State-of-Monarch-Overwintering-Sites-in-California_web.pdf PGCC 9-6-2023

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Appendix C
Site Photos
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APPENDIX C / SITE PHOTOS
13676 C-1 JUNE 2022
Photo Number 1. Plot 1 looking north Photo Number 2. Plot 2 looking east Photo Number 3. Plot 3 looking south Photo Number 4. Plot 4 looking west PGCC 9-6-2023

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APPENDIX C / SITE PHOTOS
13676 C-2 JUNE 2022
Photo Number 5. Plot 6 looking north Photo Number 6. Plot 8 looking south Photo Number 7. Plot 11 looking west Photo Number 8. Plot 14 looking north PGCC 9-6-2023

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Appendix D
Forest Inventory Data Forms
PGCC 9-6-2023

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APPENDIX D / FOREST INVENTORY DATA FORMS
Forest Inventory Data, Zone 2, Plots: 2, 4, 14, 12
Tree # Species
Diameter
(inches) Height (inches) Condition Notes
Evidence of Beetle
Infestation? Y/N
Evidence of Pitch
Canker Infection?
Y/N Basal Area
1 Monterey Pine 19 50 Poor Pitch Tubes, Cankers, Frass Y Y 1.96894815 2 Coast Live Oak 10 25 Fair N N 0.545415
3 Coast Redwood 21 30 Good 3 stems: 6,6,9 N N 2.40528015 4 Coast Live Oak 10 20 Fair N N 0.545415
5 Monterey Pine 7 25 Good Pitch Tubes, Cankers Y Y 0.26725335 6 Monterey Pine 9 25 Good N N 0.44178615
7 Monterey Pine 6 30 Good N N 0.1963494
8 Coast Live Oak 9 15 Fair N N 0.44178615
9 Coast Live Oak 6 25 Good N N 0.1963494
10 Coast Live Oak 4 20 Fair N N 0.0872664
11 Coast Live Oak 7 15 Fair N N 0.26725335
12 Coast Live Oak 4 15 Fair N N 0.0872664
13 Coast Live Oak 7 15 Fair N N 0.26725335
14 Monterey Pine 20 35 Dead N N 2.18166
15 Monterey Pine 22 25 Dead N N 2.6398086
16 Monterey Pine 4 15 Good N N 0.0872664
17 Monterey Pine 16 45 Good Old Pitch tubes, branch tip dieback Y N 1.3962624 18 Monterey Pine 6 30 Good Branch tip dieback N N 0.1963494 19 Monterey Pine 5 25 Fair Dead top, branch tip dieback N N 0.13635375 20 Monterey Pine 5 10 Dead N N 0.13635375
21 Monterey Pine 19 50 Fair Branch tip dieback N N 1.96894815 22 Monterey Pine 33 75 Fair N N 5.93956935
23 Coast Live Oak 4 10 Fair N N 0.0872664
24 Monterey Pine 12 40 Good N N 0.7853976
25 Monterey Pine 7 35 Fair Pitch Tubes, Branch Tip Dieback Y N 0.26725335 26 Monterey Pine 7 25 Good N N 0.26725335
27 Monterey Pine 12 30 Fair N N 0.7853976
28 Monterey Pine 25 75 Poor Mistletoe, 50% dieback, Pitch tubes Y N 3.40884375 29 Monterey Pine 25 75 Fair Frass, Beetle exit holes, Branch tip dieback Y N 3.40884375 30 Monterey Pine 10 40 Good N N 0.545415
31 Monterey Pine 17 55 Fair Branch Tip Dieback N N 1.57624935 32 Golden Wattle (Acacia) 6 10 Good N N 0.1963494
33 Monterey Pine 23 55 Poor Heavy Pitch Streamers on trunk N Y 2.88524535 34 Coast Live Oak 43 20 Good 5 Stems:6,12,9,8,8 N N 10.08472335 35 Monterey Pine 19 55 Fair N N 1.96894815
36 Monterey Pine 20 45 Fair N N 2.18166
37 Coast Live Oak 5 10 Good N N 0.13635375
38 Monterey Pine 18 50 Fair Branch dieback N N 1.7671446 39 Coast Live Oak 12 20 Good N N 0.7853976
40 Monterey Pine 27 70 Good Branch tip dieback N N 3.97607535 13676
D-1
JUNE 2022
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APPENDIX D / FOREST INVENTORY DATA FORMS
13676
D-2
JUNE 2022
Forest Inventory Data, Zone 2, Plots: 2, 4, 14, 12
Tree # Species
Diameter
(inches) Height (inches) Condition Notes
Evidence of Beetle
Infestation? Y/N
Evidence of Pitch
Canker Infection?
Y/N Basal Area
41 Toyon 9 20 Good N N 0.44178615
42 Toyon 18 25 Good 3 Stems: 7,6,5 N N 1.7671446
43 Coast Live Oak 6 20 Fair N N 0.1963494
44 Coast Live Oak 6 15 Dead N N 0.1963494
45 Coast Live Oak 7 15 Poor Hypoxolon conk, Trunk decay N N 0.26725335 46 Coast Live Oak 5 15 Good N N 0.13635375
47 Coast Live Oak 7 15 Fair N N 0.26725335
48 Coast Live Oak 12 25 Fair Internal decay, Branch decay, bark staining N N 0.7853976 49 Coast Live Oak 10 20 Good N N 0.545415
50 Coast Live Oak 7 20 Fair N N 0.26725335
51 Coast Live Oak 13 30 Good N N 0.92175135
52 Coast Live Oak 11 30 Good N N 0.65995215
53 Coast Live Oak 8 30 Fair N N 0.3490656
54 Coast Live Oak 12 35 Fair Dieback in the crown, sparse crown N N 0.7853976 55 Coast Live Oak 15 35 Fair Sparse crown N N 1.22718375 56 Coast Live Oak 10 10 Poor Broken top N N 0.545415
57 Coast Live Oak 8 10 Poor Broken top N N 0.3490656
58 Coast Live Oak 8 15 Poor Broken top N N 0.3490656
59 Toyon 23 35 Good 5 Stems:6,4,5,4,4 N N 2.88524535
60 Coast Live Oak 10 35 Fair poor vigor N N 0.545415
61 Coast Live Oak 14 35 Fair poor vigor N N 1.0690134
62 Coast Live Oak 4 10 Good N N 0.0872664
63 Coast Live Oak 6 15 Fair N N 0.1963494
64 Monterey Pine 13 45 Poor Mistletoe, small crown, high crown N N 0.92175135 65 Monterey Pine 17 55 Poor Pitch tubes, mistletoe Y N 1.57624935 66 Monterey Pine 22 55 Dead N N 2.6398086
67 Monterey Pine 22 55 Fair N N 2.6398086
68 Coast Live Oak 7 15 Good N N 0.26725335
69 Monterey Pine 6 40 Fair Pitch tubes, branch dieback, damage on lower trunk Y N 0.1963494 70 Monterey Pine 25 80 Good N N 3.40884375
71 Coast Live Oak 7 10 Fair N N 0.26725335
72 Coast Live Oak 6 10 Fair N N 0.1963494
73 Monterey Pine 27 75 Fair Conks, Pitch tube, internal decay Y N 3.97607535 74 Monterey Pine 19 50 Good N N 1.96894815
75 Coast Live Oak 7 25 Fair N N 0.26725335
76 Coast Live Oak 8 10 Poor Dead top N N 0.3490656
77 Coast Live Oak 8 25 Fair N N 0.3490656
78 Coast Live Oak 4 10 Good N N 0.0872664
79 Coast Live Oak 6 10 Good N N 0.1963494
80 Coast Live Oak 12 45 Poor Branch tip dieback, dead top N N 0.7853976 PGCC 9-6-2023

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APPENDIX D / FOREST INVENTORY DATA FORMS
13676
D-3
JUNE 2022
Forest Inventory Data, Zone 2, Plots: 2, 4, 14, 12
Tree # Species
Diameter
(inches) Height (inches) Condition Notes
Evidence of Beetle
Infestation? Y/N
Evidence of Pitch
Canker Infection?
Y/N Basal Area
81 Monterey Pine 5 10 Good N N 0.13635375
82 Coast Live Oak 11 30 Good N N 0.65995215
83 Monterey Pine 14 50 Fair Pitch tubes, damage to trunk Y N 1.0690134 84 Coast Live Oak 9 25 Good N N 0.44178615
85 Coast Live Oak 5 15 Good N N 0.13635375
86 Coast Live Oak 13 35 Good N N 0.92175135
87 Coast Live Oak 12 30 Good N N 0.7853976
88 Monterey Pine 21 60 Fair Pitch tubes Y N 2.40528015
89 Coast Live Oak 10 20 Fair N N 0.545415
90 Coast Live Oak 10 20 Fair N N 0.545415
91 Coast Live Oak 14 25 Fair Sapsucker/woodpecker damage N N 1.0690134 92 Coast Live Oak 6 20 Poor N N 0.1963494
93 Coast Live Oak 18 35 Good N N 1.7671446
94 Coast Live Oak 14 35 Good N N 1.0690134
95 Coast Live Oak 5 15 Fair N N 0.13635375
96 Coast Live Oak 24 35 Fair 2 Stems: 9, 15 N N 3.1415904 97 Coast Live Oak 12 30 Good N N 0.7853976
98 Monterey Pine 15 60 Fair Canopy raised, small crown N N 1.22718375 99 Monterey Pine 14 40 Dead N N 1.0690134
100 Coast Live Oak 4 10 Good N N 0.0872664
101 Coast Live Oak 5 15 Good N N 0.13635375
102 Coast Live Oak 3 5 Good N N 0.04908735
103 Coast Live Oak 11 40 Poor N N 0.65995215
104 Monterey Pine 26 60 Good 2 Stems: 8,18 N N 3.6870054 105 Monterey Pine 18 60 Fair Branch tip dieback N N 1.7671446 106 Monterey Pine 8 20 Fair N N 0.3490656
107 Coast Live Oak 17 25 Good 2 Stems: 8,9 N N 1.57624935 108 Coast Live Oak 5 10 Good N N 0.13635375
109 Monterey Pine 15 50 Poor Thin crown N N 1.22718375
Count All 109 Average Height All 31 — QMD All 14.2 — —
Count Pine 43 Average Height
Pine
45 — QMD Pine 17.5 — —
Count Oak 61 Average Height
Oak
21 — QMD Oak 11.1 — —
Count Other 5 Average Height
Other

17.2 — QMD Other 16.8 — —
TPA 109 — — — — — — —
Total BA 120.2312826 71.6457144 40.88976 7.695806 — — — — Avg BA 1.10303929 1.666179405 0.670324 1.539161 — — — — PGCC 9-6-2023

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APPENDIX D / FOREST INVENTORY DATA FORMS
13676
D-4
JUNE 2022
Forest Inventory Data, Zone 2, Plots: 2, 4, 14, 12
Tree # Species
Diameter
(inches) Height (inches) Condition Notes
Evidence of Beetle
Infestation? Y/N
Evidence of Pitch
Canker Infection?
Y/N Basal Area
Tree Diameter Distribution (by diameter inches)
3 to 8 9 to 14 15 to 20 21 to 26 27 to 32 >32
All 43 31 17 12 2 2
Pine 11 7 13 9 2 1
Oak 32 23 3 1 0 1
Other 0 1 1 2 0 0
Forest Inventory, Data Zone 3, Plots: 11, 13, 15, 16
Tree # Species
Diameter at
Standard Height
(inches) Height (inches) Condition Notes
Evidence of Beetle
Infestation?
Y/N
Evidence of Pitch
Canker Infection?
Y/N BA
1 Monterey Pine 15 75 Good N N 1.23
2 Monterey Pine 23 85 Fair Branch tip dieback, mistletoe N N 2.89 3 Monterey Pine 23 100 Poor Sparse crown, Branch tip dieback N N 2.89 4 Coast Live Oak 12 25 Good N N 0.79
5 Coast Live Oak 8 20 Fair N N 0.35
6 Coast Live Oak 11 15 Fair Trunk decay N N 0.66
7 Monterey Pine 24 100 Fair Damage on trunk, Pitch tubes Y N 3.14 8 Monterey Pine 21 85 Fair Mistletoe N N 2.41
9 Monterey Pine 17 85 Good Dieback in upper half of the crown N N 1.58 10 Coast Live Oak 5 15 Good N N 0.14
11 Coast Live Oak 8 20 Good N N 0.35
12 Coast Live Oak 7 15 Fair Internal decay N N 0.27
13 Monterey Pine 24 75 Fair Mistletoe, pitch tubes, branch tip dieback Y N 3.14 14 Coast Live Oak 10 15 Fair 2 Stems:5,5 N N 0.55
15 Coast Live Oak 28 40 Good 3 Stems: 10,10,8 N N 4.28
16 Coast Live Oak 4 15 Good N N 0.09
17 Coast Live Oak 8 15 Poor Damage to tree top N N 0.35 18 Coast Live Oak 19 25 Fair 3 Stems: 4,7,8 N N 1.97
19 Monterey Pine 8 60 Poor Small live crown N N 0.35
20 Coast Live Oak 12 20 Fair 2 Stems: 7,5, Decay in Branches N N 0.79 21 Coast Live Oak 16 35 Good 2 Stems: 7,9 N N 1.4
22 Coast Live Oak 10 40 Fair Internal decay N N 0.55
23 Coast Live Oak 7 30 Good N N 0.27
24 Coast Live Oak 10 15 Good N N 0.55
25 Monterey Pine 33 70 Dead N N 5.94
26 Monterey Pine 14 45 Poor Sparse crown, Branch tip dieback N N 1.07 27 Monterey Pine 18 60 Fair Dieback N N 1.77
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APPENDIX D / FOREST INVENTORY DATA FORMS
13676
D-5
JUNE 2022
Forest Inventory, Data Zone 3, Plots: 11, 13, 15, 16
Tree # Species
Diameter at
Standard Height
(inches) Height (inches) Condition Notes
Evidence of Beetle
Infestation?
Y/N
Evidence of Pitch
Canker Infection?
Y/N BA
28 Monterey Pine 17 65 Dead N N 1.58
29 Monterey Pine 7 35 Fair Pitch tubes Y N 0.27
30 Monterey Pine 8 30 Good N N 0.35
31 Monterey Pine 6 30 Good N N 0.2
32 Monterey Pine 11 45 Dead N N 0.66
33 Coast Live Oak 14 30 Good 2 Stems: 11, 3 N N 1.07
34 Coast Live Oak 6 15 Poor Fungal conks N N 0.2
35 Coast Live Oak 5 20 Good N N 0.14
36 Coast Live Oak 10 20 Good N N 0.55
37 Coast Live Oak 7 20 Fair N N 0.27
38 Coast Live Oak 3 10 Good N N 0.05
39 Coast Live Oak 8 10 Fair Decay in branches N N 0.35
40 Coast Live Oak 12 20 Fair 2 Stems: 6,6, decay in trunk N N 0.79 41 Coast Live Oak 10 15 Fair N N 0.55
42 Monterey Pine 14 55 Good Pitch tubes Y N 1.07
43 Coast Live Oak 21 20 Fair 4 stems: 9,5,4,3 N N 2.41
44 Monterey Pine 8 45 Good N N 0.35
45 Coast Live Oak 4 15 Poor N N 0.09
46 Monterey Pine 12 35 Poor Branch dieback N N 0.79
47 Coast Live Oak 7 15 Fair N N 0.27
48 Monterey Pine 23 85 Good Mistletoe N N 2.89
49 Monterey Pine 23 85 Fair Mistletoe N N 2.89
50 Monterey Pine 29 90 Good Mistletoe N N 4.59
51 Monterey Pine 21 70 Fair Mistletoe N N 2.41
52 Monterey Pine 28 85 Fair Mistletoe N N 4.28
53 Coast Live Oak 18 30 Good 2 Stems: 9,9 N N 1.77
54 Coast Live Oak 6 20 Fair N N 0.2
55 Monterey Pine 13 55 Poor Mistletoe, branch tip dieback, small crown N N 0.92 56 Coast Live Oak 19 30 Fair 2 stems: 11,8 N N 1.97
57 Coast Live Oak 13 20 Fair Damage to trunk N N 0.92
58 Coast Live Oak 14 15 Fair 2 stems: 7,7 N N 1.07
59 Coast Live Oak 14 15 Good 2 stems: 7,7 N N 1.07
60 Monterey Pine 14 40 Dead N N 1.07
61 Monterey Pine 9 45 Dead N N 0.44
62 Monterey Pine 22 90 Good Mistletoe N N 2.64
63 Monterey Pine 16 35 Poor Broken top, Mistletoe N N 1.4 64 Coast Live Oak 5 15 Good N N 0.14
65 Coast Live Oak 5 20 Good N N 0.14
66 Coast Live Oak 19 35 Good 2 stems: 11, 8 N N 1.97
67 Coast Live Oak 18 20 Fair 2 Stems: 9,9, Broken top N N 1.77 PGCC 9-6-2023

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APPENDIX D / FOREST INVENTORY DATA FORMS
13676
D-6
JUNE 2022
Forest Inventory, Data Zone 3, Plots: 11, 13, 15, 16
Tree # Species
Diameter at
Standard Height
(inches) Height (inches) Condition Notes
Evidence of Beetle
Infestation?
Y/N
Evidence of Pitch
Canker Infection?
Y/N BA
68 Monterey Pine 25 70 Dead N N 3.41
69 Monterey Pine 11 35 Poor Branch tip dieback N N 0.66 70 Coast Live Oak 10 20 Good N N 0.55
71 Coast Live Oak 11 20 Good N N 0.66
72 Monterey Pine 15 55 Good Old Pitch Tubes Y N 1.23
73 Coast Live Oak 13 35 Fair Decay in Trunk N N 0.92
74 Monterey Pine 16 70 Good Pitch tubes, Branch tip dieback, pitch streamers on trunk
Y Y 1.4
75 Monterey Pine 9 45 Good Branch tip dieback N N 0.44
76 Coast Live Oak 15 15 Good 2 Stems: 9,6 N N 1.23
77 Monterey Pine 14 65 Poor Small crown, Dead top N N 1.07 78 Coast Live Oak 23 25 Good 2 Stems:14, 9 N N 2.89
79 Monterey Pine 12 45 Fair Small crown, branch dieback N N 0.79 80 Monterey Pine 32 70 Poor dead top N N 5.59
81 Monterey Pine 6 20 Fair Branch tip dieback N N 0.2
82 Monterey Pine 6 35 Fair N N 0.2
83 Monterey Pine 11 50 Good N N 0.66
84 Monterey Pine 18 65 Poor Dead top, small crown, branch dieback N N 1.77 85 Monterey Pine 6 20 Good N N 0.2
86 Monterey Pine 9 30 Fair Trunk Damage N N 0.44
87 Monterey Pine 13 35 Fair Damage to trunk and crown N N 0.92 88 Coast Live Oak 14 20 Good 2 stems: 8,6 N N 1.07
89 Coast Live Oak 5 20 Fair N N 0.14
90 Coast Live Oak 8 20 Good 2 Stems:5,3 N N 0.35
91 Coast Live Oak 5 20 Fair N N 0.14
92 Monterey Pine 14 45 Good N N 1.07
93 Coast Live Oak 11 30 Good Damage to crown N N 0.66
94 Coast Live Oak 10 35 Good N N 0.55
95 Coast Live Oak 7 15 Fair Damage to trunk N N 0.27
96 Coast Live Oak 7 20 Fair N N 0.27
97 Coast Live Oak 6 20 Fair Damage to crown N N 0.2
98 Monterey Pine 24 65 Dead N N 3.14
99 Coast Live Oak 11 35 Good N N 0.66
100 Coast Live Oak 11 35 Good Damage to crown N N 0.66
101 Monterey Pine 22 70 Good N N 2.64
102 Coast Live Oak 8 15 Fair Damage to crown, Decay in branches N N 0.35 103 Coast Live Oak 18 35 Good 2 Stems: 6,12 N N 1.77
104 Monterey Pine 27 75 Fair Dieback, overmature tree N N 3.98 105 Coast Live Oak 11 35 Fair Thin crown N N 0.66
106 Coast Live Oak 5 20 Fair Decay in trunk N N 0.14
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APPENDIX D / FOREST INVENTORY DATA FORMS
13676
D-7
JUNE 2022
Forest Inventory, Data Zone 3, Plots: 11, 13, 15, 16
Tree # Species
Diameter at
Standard Height
(inches) Height (inches) Condition Notes
Evidence of Beetle
Infestation?
Y/N
Evidence of Pitch
Canker Infection?
Y/N BA
107 Coast Live Oak 15 20 Good 2 stems:9,6 N N 1.23
108 Coast Live Oak 7 15 Good N N 0.27
109 Coast Live Oak 9 20 Good N N 0.44
110 Coast Live Oak 16 20 Good 2 Stems:10,6 N N 1.4
111 Coast Live Oak 12 35 Good N N 0.79
112 Coast Live Oak 9 30 Good N N 0.44
113 Monterey Pine 16 60 Fair Pitch streamers on trunk, Pitch tubes, cankers Y Y 1.4 114 Coast Live Oak 6 20 Fair N N 0.2
115 Coast Live Oak 4 10 Fair N N 0.09
116 Coast Live Oak 8 25 Good N N 0.35
117 Coast Live Oak 8 25 Good N N 0.35
118 Coast Live Oak 8 25 Fair N N 0.35
119 Coast Live Oak 7 15 Fair Decay in trunk N N 0.27
120 Coast Live Oak 3 10 Fair N N 0.05
121 Monterey Pine 8 50 Fair Broken top N N 0.35
122 Coast Live Oak 9 10 Good Branch decay, bent over top-previously hit by larger tree
N N 0.44
123 Coast Live Oak 5 15 Good N N 0.14
Count All 123 Average Height All 37 QMD All 14.4
Count Pine 50 Average Height
Pine
59 QMD Pine 17.8
Count Oak 73 Average Height
Oak
22 QMD Oak 11.4
Count Other 0 Average Height
Other
0 QMD Other 0.0
TPA 123
Total BA 138.5736 86.6719 51.90169

Avg BA 1.126615 1.733438 0.710982
Tree Diameter Distribution (by diameter inches)
3 to 8 9 to 14 15 to 20 21 to 26 27 to 32 >32
All 43 41 19 14 5 1
Pine 9 15 9 12 4 1
Oak 34 26 10 2 1 0
Other 0 0 0 0 0 0
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APPENDIX D / FOREST INVENTORY DATA FORMS
13676
D-8
JUNE 2022
Forest Inventory Data Zone 4, Plots: 1, 3, 6, 7, 8, 9
Tree # Species
Diameter at
Standard Height
(inches)
Height
(inches) Condition Notes
Evidence of Beetle
Infestation?
Y/N
Evidence of Pitch
Canker Infection?
Y/N Basal Area
1 Coast Live Oak 9 20 Fair Broken Top N N 0.44179
2 Coast Live Oak 8 20 Poor 2 Stems: 8,5, branch tip dieback N N 0.34907 3 Monterey Pine 20 60 Good N N 2.18166
4 Coast Live Oak 5 15 Fair N N 0.13635
5 Coast Live Oak 5 15 Fair N N 0.13635
6 Coast Live Oak 4 15 Poor N N 0.08727
7 Coast Live Oak 4 10 Poor N N 0.08727
8 Coast Live Oak 7 35 Fair N N 0.26725
9 Coast Live Oak 8 20 Good 2 stems:5, 3 N N 0.34907
10 Coast Live Oak 21 35 Good 2 stems: 12, 9 N N 2.40528 11 Coast Live Oak 15 35 Good N N 1.22718
12 Coast Live Oak 8 15 Poor Hypoxylon canker N N 0.34907 13 Coast Live Oak 12 30 Fair N N 0.78540
14 Coast Live Oak 7 15 Fair Decay in trunk N N 0.26725
15 Coast Live Oak 7 20 Fair Damage to trunk with sprout growth N N 0.26725 16 Coast Live Oak 22 30 Fair 2 stems: 13, 9, dieback N N 2.63981 17 Coast Live Oak 22 30 Fair 2 stems,: 13,9 N N 2.63981 18 Coast Live Oak 8 30 Fair N N 0.34907
19 Monterey Pine 16 20 Dead N N 1.39626
20 Monterey Pine 8 35 Poor Dead top N N 0.34907
21 Monterey Pine 21 85 Poor Broken top with regrowth, pitch streamers on trunk N Y 2.40528 22 Coast Live Oak 6 15 Poor N N 0.19635
23 Coast Live Oak 4 10 Poor N N 0.08727
24 Coast Live Oak 16 25 Fair Decay in crown N N 1.39626 25 Coast Live Oak 9 30 Poor Dieback in crown N N 0.44179 26 Monterey Pine 30 35 Dead N N 4.90874
27 Coast Live Oak 11 30 Good N N 0.65995
28 Coast Live Oak 8 25 Fair N N 0.34907
29 Coast Live Oak 9 30 Fair N N 0.44179
30 Monterey Pine 34 130 Good N N 6.30500
31 Monterey Pine 18 60 Good Old Pitch tubes Y N 1.76714 32 Monterey Pine 17 60 Dead N N 1.57625
33 Coast Live Oak 4 10 Fair N N 0.08727
34 Coast Live Oak 7 15 Poor N N 0.26725
35 Coast Live Oak 6 10 Good N N 0.19635
36 Coast Live Oak 6 25 Fair N N 0.19635
37 Coast Live Oak 9 30 Poor Trunk damage N N 0.44179
38 Coast Live Oak 7 30 Fair Dieback in crown N N 0.26725 39 Coast Live Oak 7 30 Fair N N 0.26725
40 Coast Live Oak 6 30 Poor N N 0.19635
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APPENDIX D / FOREST INVENTORY DATA FORMS
13676
D-9
JUNE 2022
Forest Inventory Data Zone 4, Plots: 1, 3, 6, 7, 8, 9
Tree # Species
Diameter at
Standard Height
(inches)
Height
(inches) Condition Notes
Evidence of Beetle
Infestation?
Y/N
Evidence of Pitch
Canker Infection?
Y/N Basal Area
41 Coast Live Oak 7 30 Fair N N 0.26725
42 Coast Live Oak 4 15 Poor N N 0.08727
43 Coast Live Oak 7 30 Fair Dieback in crown N N 0.26725 44 Coast Live Oak 6 25 Poor Dieback in crown N N 0.19635 45 Coast Live Oak 13 40 Good N N 0.92175
46 Coast Live Oak 22 30 Fair 2 Stem:10, 12, previously uprooted and fell over-has compensated & is stable
N N 2.63981
47 Coast Live Oak 9 30 Fair N N 0.44179
48 Coast Live Oak 13 30 Good N N 0.92175
49 Coast Live Oak 7 25 Fair Trunk Decay, Branch Decay N N 0.26725 50 Coast Live Oak 12 35 Fair N N 0.78540
51 Coast Live Oak 14 35 Fair Branch Decay N N 1.06901
52 Coast Live Oak 8 30 Good N N 0.34907
53 Coast Live Oak 9 30 Fair Trunk Decay, Branch Decay N N 0.44179 54 Monterey Pine 14 40 Dead N N 1.06901
55 Monterey Pine 39 80 Fair Thin Crown, Branch tip dieback N N 8.29576 56 Monterey Pine 26 70 Fair Dead top, Dieback in crown, unbalanced crown N N 3.68701 57 Monterey Pine 14 55 Poor Significant Dieback N N 1.06901 58 Coast Live Oak 15 35 Fair N N 1.22718
59 Coast Live Oak 13 35 Good N N 0.92175
60 Monterey Pine 30 80 Fair Branch tip Dieback N N 4.90874 61 Coast Live Oak 9 30 Fair N N 0.44179
62 Coast Live Oak 6 15 Fair 2 Stem: 3,3 N N 0.19635
63 Coast Live Oak 14 35 Good Decay in Trunk N N 1.06901 64 Coast Live Oak 5 15 Poor N N 0.13635
65 Coast Live Oak 9 20 Fair Damage on trunk, decay in trunk, broken top N N 0.44179 66 Coast Live Oak 18 35 Fair 2 Stems: 10, 8 N N 1.76714 67 Coast Live Oak 8 30 Fair N N 0.34907
68 Coast Live Oak 5 15 Fair N N 0.13635
69 Coast Live Oak 14 35 Fair N N 1.06901
70 Coast Live Oak 12 20 Fair 2 stems: 6,6 N N 0.78540
71 Coast Live Oak 8 25 Fair N N 0.34907
72 Coast Live Oak 9 35 Fair Decay in Trunk N N 0.44179
73 Coast Live Oak 7 30 Fair N N 0.26725
74 Coast Live Oak 5 10 Fair Dead top N N 0.13635
75 Coast Live Oak 14 30 Fair Conks, decay in branches N N 1.06901 76 Monterey Pine 23 60 Poor ! Increased Risk of falling on to trail N N 2.88525 77 Coast Live Oak 4 10 Poor Significant Decay N N 0.08727 78 Coast Live Oak 12 30 Good N N 0.78540
79 Coast Live Oak 20 30 Fair 2 Stems: 7,13, Branch Decay N N 2.18166 PGCC 9-6-2023

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APPENDIX D / FOREST INVENTORY DATA FORMS
13676
D-10
JUNE 2022
Forest Inventory Data Zone 4, Plots: 1, 3, 6, 7, 8, 9
Tree # Species
Diameter at
Standard Height
(inches)
Height
(inches) Condition Notes
Evidence of Beetle
Infestation?
Y/N
Evidence of Pitch
Canker Infection?
Y/N Basal Area
80 Coast Live Oak 4 15 Fair N N 0.08727
81 Coast Live Oak 13 35 Good N N 0.92175
82 Coast Live Oak 25 30 Fair 3 Stems: 10,8,7 N N 3.40884 83 Coast Live Oak 14 30 Fair 2 Stems: 8,6, Thin Crown N N 1.06901 84 Coast Live Oak 14 30 Fair 2 Stems: 9,5, Dieback in the crown, Large Dead Branches N N 1.06901 85 Coast Live Oak 13 30 Fair 2 Stems: 6,7, dieback in the crown, thin crown N N 0.92175 86 Coast Live Oak 5 20 Poor N N 0.13635
87 Coast Live Oak 10 30 Fair N N 0.54542
88 Coast Live Oak 14 35 Good N N 1.06901
89 Coast Live Oak 13 35 Fair N N 0.92175
90 Coast Live Oak 10 30 Fair N N 0.54542
91 Coast Live Oak 6 15 Poor Decay in Trunk N N 0.19635
92 Coast Live Oak 17 35 Fair 2 Stems: 12,5, Thin crown, decay in branches N N 1.57625 93 Coast Live Oak 8 20 Good N N 0.34907
94 Coast Live Oak 18 20 Good Decay in Branches N N 1.76714 95 Coast Live Oak 14 25 Fair Decay in Branches, Dieback in Crowns N N 1.06901 96 Coast Live Oak 9 20 Fair Large Cavity on Trunk, Decay in Trunk N N 0.44179 97 Coast Live Oak 11 25 Good N N 0.65995
98 Coast Live Oak 11 20 Fair N N 0.65995
99 Coast Live Oak 9 20 Fair N N 0.44179
100 Coast Live Oak 23 30 Fair 2 Stems: 11,12 N N 2.88525 101 Coast Live Oak 13 30 Good N N 0.92175
102 Coast Live Oak 13 25 Fair Large Cavity on Trunk, Decay in Trunk N N 0.92175 103 Coast Live Oak 6 15 Dead Decay in Trunk, Dead Top N N 0.19635 104 Coast Live Oak 5 10 Poor Large Cavity on Trunk, Decay in Trunk N N 0.13635 105 Coast Live Oak 12 30 Fair Thin Crown N N 0.78540
106 Coast Live Oak 11 30 Poor Thin Crown, Woodpecker activity N N 0.65995 107 Coast Live Oak 14 30 Poor N N 1.06901
108 Coast Live Oak 14 35 Good Decay in trunk N N 1.06901 109 Coast Live Oak 10 30 Poor N N 0.54542
110 Monterey Pine 26 50 Good N N 3.68701
111 Coast Live Oak 34 35 Good 2 Stems: 17, 17 N N 6.30500 112 Coast Live Oak 13 15 Poor Decay in Trunk and Branches N N 0.92175 113 Coast Live Oak 11 20 Fair N N 0.65995
114 Coast Live Oak 9 20 Fair Thin crown N N 0.44179
115 Coast Live Oak 13 15 Poor 2 stems: 9,4, Decay in trunk N N 0.92175 116 Monterey Pine 3 15 Good N N 0.04909
117 Monterey Pine 4 15 Good canker on trunk with pitch streamers N Y 0.08727 118 Coast Live Oak 10 30 Poor Decay in trunk. Dieback in crown N N 0.54542 119 Coast Live Oak 6 15 Dead N N 0.19635
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APPENDIX D / FOREST INVENTORY DATA FORMS
13676
D-11
JUNE 2022
Forest Inventory Data Zone 4, Plots: 1, 3, 6, 7, 8, 9
Tree # Species
Diameter at
Standard Height
(inches)
Height
(inches) Condition Notes
Evidence of Beetle
Infestation?
Y/N
Evidence of Pitch
Canker Infection?
Y/N Basal Area
120 Monterey Pine 7 30 Good N N 0.26725
121 Monterey Pine 8 30 Good Large canker on trunk, pitch tubes Y Y 0.34907 122 Monterey Pine 8 30 Good N N 0.34907
123 Monterey Pine 8 30 Good N N 0.34907
124 Coast Live Oak 29 30 Fair 2 Stems: 14,15, Decay in trunk and branches N N 4.58694 125 Coast Live Oak 9 15 Poor Broken top N N 0.44179
126 Coast Live Oak 23 30 Fair 2 stems: 13, 10, Decay in trunk N N 2.88525 127 Coast Live Oak 8 20 Poor N N 0.34907
128 Coast Live Oak 12 20 Fair Decay in trunk N N 0.78540 129 Coast Live Oak 12 25 Fair 2 stems: 4,8 N N 0.78540
130 Coast Live Oak 16 35 Fair Thin crown N N 1.39626
131 Coast Live Oak 15 35 Poor Dead top N N 1.22718
132 Coast Live Oak 7 20 Poor broken top, decay in branches N N 0.26725 133 Coast Live Oak 14 35 Fair Thin crown, poor vigor N N 1.06901 134 Coast Live Oak 14 35 Fair Decay in branches N N 1.06901 135 Coast Live Oak 12 30 Poor Thin crown N N 0.78540
136 Coast Live Oak 16 35 Fair Decay in branches N N 1.39626 137 Coast Live Oak 13 35 Fair N N 0.92175
138 Coast Live Oak 10 20 Poor Decay in branches N N 0.54542 139 Coast Live Oak 13 20 Fair Decay in trunk, Broken top N N 0.92175 140 Monterey Pine 18 35 Fair N N 1.76714
141 Coast Live Oak 12 30 Fair Thin crown N N 0.78540
142 Coast Live Oak 5 10 Poor N N 0.13635
143 Coast Live Oak 9 30 Fair N N 0.44179
144 Coast Live Oak 38 40 Good 2 Stems: 16, 22 N N 7.87579 145 Coast Live Oak 24 25 Poor 2 Stems: 12,12, Thin crown, Decay in branches N N 3.14159 146 Monterey Pine 21 60 Good N N 2.40528
147 Monterey Pine 16 60 Poor Significant dieback N N 1.39626 148 Monterey Pine 28 70 Good N N 4.27605
149 Coast Live Oak 10 25 Fair N N 0.54542
150 Coast Live Oak 6 20 Poor N N 0.19635
151 Monterey Pine 28 20 Dead N N 4.27605
152 Coast Live Oak 15 30 Fair N N 1.22718
153 Monterey Pine 22 70 Fair Thin crown, branch tip dieback N N 2.63981 154 Coast Live Oak 6 15 Fair N N 0.19635
155 Monterey Pine 30 95 Fair Heavy mistletoe infestation, small crown, branch tip dieback, damage on trunk
N N 4.90874
156 Monterey Pine 31 65 Dead N N 5.24144
157 Coast Live Oak 13 15 Good 2 Stems: 6,7 N N 0.92175
158 Monterey Pine 28 40 Fair Broken branches, mistletoe, branch tip dieback N N 4.27605 PGCC 9-6-2023

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APPENDIX D / FOREST INVENTORY DATA FORMS
13676
D-12
JUNE 2022
Forest Inventory Data Zone 4, Plots: 1, 3, 6, 7, 8, 9
Tree # Species
Diameter at
Standard Height
(inches)
Height
(inches) Condition Notes
Evidence of Beetle
Infestation?
Y/N
Evidence of Pitch
Canker Infection?
Y/N Basal Area
159 Coast Live Oak 10 20 Poor Conks, dead top N N 0.54542 160 Monterey Pine 24 55 Poor Thin crown, branch tip dieback, mistletoe N N 3.14159 161 Coast Live Oak 13 35 Fair Decay in trunk N N 0.92175 162 Coast Live Oak 18 35 Good N N 1.76714
163 Coast Live Oak 17 35 Good N N 1.57625
164 Coast Live Oak 8 20 Fair Decay in trunk N N 0.34907 165 Coast Live Oak 4 10 Poor Significant dieback, decay in trunk, conks N N 0.08727 166 Coast Live Oak 8 20 Fair Damage to crown, broken branches N N 0.34907 167 Coast Live Oak 12 25 Fair N N 0.78540
168 Monterey Pine 18 70 Dead N N 1.76714
169 Coast Live Oak 7 10 Poor 2 Stems: 5, 2 N N 0.26725
170 Coast Live Oak 17 25 Good Decay in trunk N N 1.57625 171 Monterey Pine 29 40 Dead N N 4.58694
172 Monterey Pine 24 55 Dead N N 3.14159
173 Monterey Pine 30 75 Fair Mistletoe, branch dieback, thin crown N N 4.90874 174 Coast Live Oak 11 25 Fair N N 0.65995
175 Coast Live Oak 9 20 Fair N N 0.44179
176 Coast Live Oak 14 30 Poor Thin crown, Branch tip dieback N N 1.06901 177 Monterey Pine 14 50 Good N N 1.06901
178 Monterey Pine 4 20 Fair Mistletoe N N 0.08727
179 Monterey Pine 7 35 Fair Mistletoe N N 0.26725
180 Coast Live Oak 15 25 Good 2 stems: 7, 8 N N 1.22718 181 Coast Live Oak 19 30 Fair N N 1.96895
182 Monterey Pine 33 80 Good Old pitch tubes Y N 5.93957 Count All 182 Average Height All 31 QMD All 15.2
Count Pine 39 Average Height Pine 53 QMD Pine 22.1
Count Oak 143 Average Height Oak 25 QMD Oak 12.7
Count Other 0 Average Height
Other
0 QMD Other 0.0
TPA 120
Total BA 230.3615 104.0379 126.3236

Avg BA 1.265722 2.667639 0.883382
Tree Diameter Distribution (by diameter inches)
3 to 8 9 to 14 15 to 20 21 to 26 27 to 32 >32
All 60 68 23 16 10 5
Pine 9 3 7 8 9 3
Oak 51 65 16 8 1 2
Other 0 0 0 0 0 0
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Appendix E
Local Tree Nurseries
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APPENDIX E / LOCAL TREE NURSERIES
13676 E-1 JUNE 2022
Local Tree Nuseries
Griggs Nursery
831.626.0680
9220 Carmel Valley Rd. Carmel, CA 93923
[email protected]
Drought Resistant Nursery
831.375.2120
850 Park Ave, Monterey, CA 93
Blue Moon Native Garden
831.659.1990
Carmel Valley, CA
[email protected]
Rana Creek Wholesale Nursery
831.659.2830
7480 Williams Ranch Rd, Carmel, CA 93923
www.ranacreeknursery.com
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13676 E-2 JUNE 2022

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City of Pacific Grove-George Washington Park Forest
Management Plan Revised Plan Memo
This revised plan has been created in response to comments received during the November 15, 2022, Beautification and Natural Resources Commission (BNRC) meeting, specifically comments alleging that the proposed treatment activities would not be exempt under the California Environmental Quality Act (CEQA) and may require CEQA review to address potential impacts to biological resources in the park.

Although the original draft of the George Washington Park Forest Management Plan provided a toolkit of various forest management treatments, it is now recommended that the City proceed solely with the vegetation treatment recommendations for creating defensible space and reducing wildfire risk within the park near the homes around the park perimeter. This addendum describes those treatment recommendations, methods, and timing below. Moreover, this memo demonstrates why approval of the Washington Park Forest Management Plan limited to the vegetation treatments described herein qualifies for the Class 4 Categorical Exemption from CEQA for projects consisting of minor alterations to land.

The forested area in the park contains sufficient fuels to support the spread of a wildfire; continuous annual grasses and herbaceous plants on the surface, trees with crowns extending close to the ground, and standing/fallen dead trees. Reducing the volume of these fuels will result in lower fire intensity within the treated area which will reduce the risk of wildfire igniting the structures surrounding the park.

The vegetation treatments described in this addendum shall be limited to areas within 100 feet of the homes and structures adjacent to the fire hazard reduction zone as shown in Figure 5. For most of the park perimeter there is a city street separating the nearby structures from the vegetation in the park. In these areas the treatment area consists of a strip of land that extends approximately 30 to 40 feet from the curb into the park.

The exception to this is the portion of the park behind the homes near the northwest corner of the park which directly abut the park without a road separating the park from the structures. Behind these homes the vegetation treatments will need to be applied approximately 80 to 100 feet from the property fence into the park.

Activities
Vegetation treatments will consist of the following activities.

1. Annual grasses and herbaceous plants will be cut or mowed to 4 inches in height or less.

2. Live trees will be trimmed to remove the smallest, lowest limbs in the canopy to create at least 6 feet of vertical clearance between the ground and the lowest branches. Live branches within that 6 foot clearance area that are over 4 inches in diameter are not likely to ignite and do not need to be removed.

3. Standing dead trees and shrubs will be felled, upon review and approval of a certified arborist, cut up into manageable pieces, and removed. Cut up tree pieces can be scattered in the park interior if desired provided the pieces are more than 30 feet apart and more than 150 feet from a structure.

4. Piles or accumulations of dead logs and large branches on the surface will be removed. Logs and branches can be scattered in the park interior if desired provided the pieces are more than 30 feet apart PGCC 9-6-2023

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TO: DANIEL GHO, JOYCE HALABI
SUBJECT: GEORGE WASHINGTON PARK FOREST MANAGEMENT PLAN
2 and more than 150 feet from a structure. Individual logs or branches can be left in place if they are more than 30 feet from a structure.

5. Live tree removal will be limited to trees identified by a certified arborist or registered professional forester as an imminent risk of failure and have the potential to strike a nearby structure or public street.

Methods
The vegetation treatments described above will be performed by hand crews using hand tools and powered equipment only (chainsaws, weed whips, etc.). Hand crews can perform all the recommended activities in a single pass. The treatment areas are sufficiently close to public streets that equipment such as a chipper can be parked on the road and cut material can be dragged to street for chipping.

Timing
Vegetation treatments will be performed after the annual grasses and herbaceous plants have cured, typically June-July.

CEQA
The vegetation treatments recommended for reducing wildfire risk around the perimeter of the forested area of the park have been determined not to have a significant effect on the environment and are exempt from the provisions of CEQA (Cal. Code Regs. Tit. 14, § 15304 - Minor Alterations to Land (i)). The treatments will not involve the removal of healthy or mature trees. Fuel management activities will be performed within 30 -100 feet of structures to reduce the volume of flammable vegetation. These activities will not result in the taking of endangered, rare, or threatened plant or animal species or cause erosion and sediments to enter surface waters.

Prior to any tree trimming or removals, a nesting bird survey will be conducted if the scheduled activities are to occur during nesting season.
__________________________
Jeremy Cawn
Forester/Urban Forestry Specialist
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TO: DANIEL GHO, JOYCE HALABI
SUBJECT: GEORGE WASHINGTON PARK FOREST MANAGEMENT PLAN
3 Figure 1: Vegetation Treatment Area Map
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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: Erica Vega, Assistant City Attorney
MEETING DATE: September 06, 2023
SUBJECT: Planning Commission Recommendations for the Cannabis Regulatory Draft Ordinances
CEQA: Categorical Exemption, CEQA Guidelines Section 15061(b)(3)

RECOMMENDATION
Consider and accept Planning Commission recommendations for the draft Cannabis Zoning Ordinance for Title 23 and the draft Cannabis Licensing Ordinance for Title 11.

1. 2. Recommend staff bring final draft ordinances back to City Council for a first reading/introduction.

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

DISCUSSION
Pacific Grove voters approved Measures M and N at the November 8, 2022 general election. Measure M was an advisory measure asking the voters the following question: “Should the Pacific Grove City Council be authorized to amend the Municipal Code to allow retail sales of medical or recreational cannabis, limited to one single location within the City, at a location no closer than 1000 feet from any existing licensed Daycare/Preschools, Youth Center, and Schools, to engage in commercial cannabis activities?” Measure N established a tax on cannabis businesses at the rate of 6% of gross receipts from the retail sale of cannabis (storefront and delivery sales). Copies of Measure M and Measure N are attached to this report.

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

Two draft ordinances have been prepared, a licensing ordinance and a zoning ordinance, and are attached to this report for the Council’s review and feedback. The City Council previously reviewed the draft ordinances on May 17, 2023, and requested that the Planning Commission provide recommendations concerning the zoning districts where cannabis retailers may be allowed, whether additional separation requirements beyond the 1,000 feet from any existing licensed daycare/preschools, youth centers, and schools be required, and whether additional parameters for delivery-only retailers be required.

On August 10, 2023, the Planning Commission reviewed the draft ordinances and after careful deliberation proffered the following recommendations.

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Title 23 Recommendations for the Draft Cannabis Zoning Ordinance The Planning Commission recommended that the sole storefront cannabis retailer be allowed in the C-1, C-D, C-FH or C-2 zones and medicinal delivery-only retailers be allowed in the I, C-1, C-FH or C-2 zones. The Planning Commission recommended that no additional parameters be set beyond the 1000 feet from any existing licensed daycare/preschools, youth centers, and schools.

Title 11 Recommendations for the Draft Cannabis Licensing Ordinance The Planning Commission recommended removing the requirement for the license applicant to obtain a location prior to obtaining the license. The Planning Commission also recommended that language referring to the physical property of storefront retailers be moved from Title 11 to Title 23 finding that these sections were typically regulated through zoning regulations and processes.

Summary of Ordinances
The attached ordinances have been updated to include the Planning Commission’s recommendations.

The two ordinances are proposed to create a two-step regulatory framework that requires a proposed cannabis retailer to first obtain a license to operate from the City and then a conditional use permit. The allows the City to have regulations in place that address both the use (conditional use permit) and the user (license).

One license will be available to operate a storefront retail location, consistent with the Measure M advisory measure. Additionally, licenses will be available to medicinal cannabis retailers proposing to operate delivery-only with no walk-in customers allowed. There is no cap proposed on the number of delivery-only retail licenses. SB 1186 goes into effect on January 1, 2024, and prohibits a local agency from adopting or enforcing ordinances that prohibit or have the effect of prohibiting the retail sale by delivery of medicinal cannabis. The City Council will be the approval body for a license.

The licensing process will involve review of the applicant’s business operations plan and the conduct of a background check. If approved, the license will be good for one year and must be renewed annually.

A licensee will be required to operate in compliance with State law and regulations, and the operational requirements included in the ordinance. The licensing ordinance calls for administrative rules to be approved by the city council that provide more detail on the implementation of the licensing application process and procedures. Draft rules will be brought to Council at a future meeting, and will include the proposed competitive process for selecting the sole licensee to operate a storefront retail location.

Once a license is issued by the City, the applicant can submit an application for a conditional use permit for their proposed location. The zoning ordinance allows the sole storefront retailer to be located in the C-1, C-D, C-FH or C-2 zones. Medicinal delivery-only retailers may be located in the I, C-FH, C-1 or C-2 zones. All retail locations must be at least 1,000 feet from a day care center, a youth center, a preschool, or a public or private school. The ordinance includes some standard conditions of approval, including conditions for odor control. However, conditions may also be applied case-by-case based on what is appropriate for the proposed site and use.

OPTIONS
Accept all Planning Commission recommendations for the draft Cannabis Zoning Ordinance and the draft Cannabis Licensing Ordinance.

1. Accept select Planning Commission recommendations for the draft Cannabis Zoning Ordinance and the draft Cannabis Licensing Ordinance and provide staff with direction on proposed changes.

2. Do not accept Planning Commission recommendations for the draft Cannabis Zoning Ordinance and the draft Cannabis Licensing Ordinance and provide staff with direction on proposed changes.

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

FINANCIAL IMPACT:

There is no fiscal impact associated with receiving this report. The estimated annual revenue from cannabis sales is up to $300,000. While the administrative costs are unknown, the City is currently conducting a fee-study that will assist with cost-recovery efforts.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments
Draft Cannabis Licensing Ordinance 8-30-23
Draft Cannabis zoning ordinance 8-30-23
Cannabis Radius Map
Cannabis Advisory - Measure M
Cannabis Business Tax - Measure N
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1 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF PACIFIC GROVE, AMENDING CHAPTER

11.100 TO THE PACIFIC GROVE MUNICIPAL CODE

ESTABLISHING COMMERCIAL CANNABIS

LICENSING REGULATIONS
FACTS

1. In 1996, the voters of the State of California approved Proposition 215, which was codified as Health and Safety Code Section 11362.et seq., and entitled the Compassionate Use Act of 1996, which intended to enable seriously ill Californians to legally possess, use, and cultivate marijuana for medical use under limited, specified circumstances; and

2. In 2004, the California legislature enacted Senate Bill 420, the Medicinal Marijuana Program (the “MMP”), which, as codified in California Health and Safety Code Section 11362.7 et seq., was intended to clarify the CUA’s scope and immunize from criminal prosecution, under specified state laws, certain activities and conduct related to the provision of medicinal marijuana to qualified patients; and

3. On November 8, 2016, the voters of the State of California approved Proposition 64, entitled the “Control, Regulate and Tax Adult Use of Marijuana Act,” which legalizes and regulates recreational marijuana in California; and,

4. The State has established an integrated licensing and regulatory system for both medicinal and recreational marijuana businesses consistent with Propositions 215 and 64 entitled the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), codified in Business and Professions Code section 26000 et seq.; and

5. Business and Professions Code section 26200 expressly recognizes the ability of cities to completely prohibit all medicinal and recreational cannabis businesses or to allow and regulate such businesses; and,

6. A majority of the voters in Pacific Grove who voted on Measure M at the November 8, 2022 election voted in favor of Measure M, which was an advisory measure asking whether the electors supported amending the Municipal Code to allow one cannabis retailer in the City at a location at least 1000 feet from any existing licensed daycare/preschool, youth center, or school; and

7. In order to protect the public health, safety, and welfare, and consistent with the will of the voters of Pacific Grove, the City desires to amend the Municipal Code to allow one cannabis retailer to be located in the City consistent with Measure M.

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

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

SECTION 2. The City Council finds that the adoption of this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the common sense PGCC 9-6-2023

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

SECTION 3. Pacific Grove Municipal Code Chapter 11.100 shall be amended in its entirety to read as follows:

CHAPTER 11.100

CANNABIS

11.100.010 Statement of purpose.

11.100.020 Relationship to other laws.

11.100.030 Definitions.

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

11.100.050 Local license required.

11.100.060 Local license application process.

11.100.070 Conditions of approval, administrative rules.

11.100.080 Changes and modifications of local licenses.

11.100.090 Renewal of local license.

11.100.100 Appeal of decision on local license.

11.100.110 Cannabis business operational requirements.

11.100.120 Limitations on city’s liability

11.100.130 Inspections

11.100.140 Enforcement; Suspension and Revocation of License.

11.100.150 Residential cannabis cultivation.

11.100.160 Consumption of cannabis.

11.100.170 Exceptions.

11.100.010 Statement of purpose.

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

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

C. The purpose of this chapter is to regulate all commercial cannabis activity in the city, as defined in the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), to the extent authorized by state law and in a manner designed to minimize PGCC 9-6-2023

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negative impacts on the city and neighboring uses, and promote the health, safety, morals, and general welfare of residents and businesses within the city.

11.100.020 Relationship to other laws.

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

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

11.100.030 Definitions.

Unless otherwise defined herein, the terms in this chapter shall have the same meaning as set forth in MAUCRSA and any rules promulgated pursuant thereto. In addition, the following terms shall be defined as follows:
“Adult-use cannabis” means cannabis and cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physician’s recommendation, or are intended for use on, or consumption by, animals. "Cannabis business" means any person engaged in commercial cannabis activity. "City" means Pacific Grove, California.
"City manager" shall mean the city manager of the city or their designee. "Identification card" or "ID card" means a valid identification card issued pursuant to Section 11362.7 et seq., of the California Health and Safety Code. "Identification card holder" or "ID card holder" means an individual who is a qualified patient who has applied for and received a valid ID card pursuant to Article 2.5 of Chapter 6 of Division 10 of the California Health and Safety Code. "Licensed premises" means a premises for which a local license has been issued pursuant to this chapter.
"Licensee" means a person who has been issued a local license pursuant to this chapter.
"Local license" means a license issued pursuant to this chapter. "Medicinal and Adult-Use Cannabis Regulation and Safety Act" or "MAUCRSA" means Division 10 of the California Business and Professions Code. “Medicinal cannabis” means cannabis and cannabis products that are intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation.

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"Medicinal cannabis patient" means both a qualified patient without an identification card and an ID card holder.
“Owner” shall have the definition provided in MAUCRSA, as it may be amended from time to time, which as of the date of the adoption of this definition means any of the following:
(1) A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.
(2) The chief executive officer of a nonprofit or other entity. (3) A member of the board of directors of a nonprofit.
(4) An individual who will be participating in the direction, control, or management of the person applying for a license.
"Physician," as used in this chapter, shall mean an individual who possesses a license in good standing to practice medicine or osteopathy from the state of California. "Qualified patient" shall have the meaning set forth in Section 11362.7(f) of the California Health and Safety Code.
“Retail, delivery-only” shall mean a cannabis business that does not allow on-site sales of cannabis to customers, and has or will have a Type 9 license from the California Department of Cannabis Control.
“Retail, storefront” shall mean a cannabis business that has a physical location from which cannabis is sold to retail customers on-site, and has or will have a Type 10 license from the California Department of Cannabis Control.
"State law(s)" shall mean and include California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.85 (Medicinal Marijuana Program Act); the MAUCRSA, and all other applicable laws and regulations of the state of California. "State license" means a state license issued under MAUCRSA, and includes both an A-license and an M-license, as well as a testing laboratory license. "State licensing authority" shall mean the state agency responsible for the issuance, renewal, or reinstatement of a state license, or the state agency authorized to take disciplinary action against a state licensee.

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

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

11.100.050 Local license required.

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

B. The City shall not grant a license to any cannabis business proposing to engage in cannabis cultivation, manufacturing, distribution, or laboratory testing. The City may PGCC 9-6-2023

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approve a license for a cannabis business proposing to operate as a cannabis retailer subject to the following limitations:

1. No more than one (1) local license to engage in storefront retail sales shall be active in the City at any time.

2. A license for delivery-only retail sales shall only be granted to a business engaging exclusively in retail sale of medicinal cannabis and medicinal cannabis products.

No license shall be granted to a delivery-only retailer for the retail sale of adult-use cannabis or adult-use cannabis products.

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

11.100.060 Local license application process.

A. For the single storefront retail license, there shall be an initial 60-day application period, the precise days of which shall be determined by the city manager. The city manager shall open up subsequent 60-day application periods if there are no active local license for a storefront retail cannabis business in the City.

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

1. An operating plan for the proposed cannabis business including the following information:
a. A general description of the types of products and services to be provided by the facility;
b. A statement confirming whether delivery service of cannabis to any location outside the premises will be provided and the extent of such service, and in the event delivery is provided, a detailed delivery plan detailing how the retailer will comply with all requirements of this chapter, MAUCRSA, and any other applicable state or local laws.

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

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

C. The city manager shall conduct an initial review of an application submitted to determine completeness. All complete applications shall be reviewed under the criteria set forth in administrative rules adopted pursuant to Section 11.100.070.

D. The one (1) storefront retail local license shall be provisionally granted to the applicant who is selected pursuant to the review and selection criteria set forth in the administrative rules. From the date the local license is provisionally approved, the applicant will have twelve (12) months to secure approval of a conditional use permit for a premises, in PGCC 9-6-2023

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addition to any other land use permits or entitlements that may be required by this code for the premises. If the applicant who received a provisional license does not obtain the conditional use permit or any other required land use permits or entitlements for the premises within this time frame, then the provisional license shall become null and void and a provisional license shall be granted to another applicant in the manner specified in the administrative rules.

E. A local license issued pursuant to this chapter shall specify the date of issuance, the expiration date, the name of the licensee, and whether the cannabis business is storefront retail or delivery-only retail. A provisional local license is valid for one (1) year from the date of issuance. A non-provisional local license is valid for one (1) year from the date the conditional use permit for the premises is approved.

11.100.070 Conditions of approval, administrative rules.

A. The city council shall have the authority to approve or deny an application for a local license. The city council may place conditions upon the approval of any local license which are, in the opinion of the city council, reasonably related to the protection of the health, safety and welfare of the general public.

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

11.100.080 Changes and modifications of local licenses.

In addition to any applicable requirements in Chapter 23.92 of this code, the following requirements apply for transfers of or changes to the ownership of a licensee, A. Subsequent to the issuance of a local license, the licensee shall report any transfer of ownership in the cannabis business to the city manager on forms prescribed by the city manager and pay the application fee established by resolution of the city council.

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

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

11.100.090 Renewal of local license.

A. A cannabis business that desires to renew its license shall apply for the renewal no less than sixty (60) calendar days prior to the local license's expiration date. If the cannabis business files a renewal application within sixty (60) calendar days prior to expiration, the PGCC 9-6-2023

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

B. An application for renewal shall be submitted on forms provided by the city manager, accompanied by the application fee established by resolution of the city council.

The following information shall be submitted as a part of the renewal application:

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

2. Verification that the licensee is still entitled to the possession and use of the premises for which a conditional use permit has been granted.

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

C. The city council shall renew a local license if the licensee has submitted a complete application and paid the application fee, unless the city council finds that there are grounds to suspend or revoke the license as provided in Section 11.100.210. Notwithstanding the foregoing, the city council in its discretion may elect not to renew any local license if it determines that the licensed premises has not been used for a cannabis business, without reasonable cause as determined by the city council, during the term of the license.

D. Unless administratively continued pursuant to subsection A, a local license is immediately invalid upon expiration and the cannabis business shall cease operations. If a local license expires, the city council may approve a renewal of the expired license at any time up to three months from the expiration date of the license. After the license has been expired for three months, the license may not be renewed by the city council, and the holder of the expired license must apply for and obtain a new cannabis license to resume operations.

11.100.100 Appeal of decision on local license.

Any applicant may appeal the city council’s approval, conditional approval, or denial of an initial local license, renewal thereof, or a change to the license requested under Section

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

11.100.110 Cannabis business operational requirements.

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

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

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

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

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

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

F. Cannabis Consumption on Licensed Premises. Smoking, vaporizing, ingesting, or otherwise consuming cannabis and cannabis products at a licensed premises is prohibited. "Licensed premises" as used in this subsection includes the actual building, as well as any accessory structures, common areas and parking areas. A sign shall be posted at each entrance to a licensed premises that clearly and legibly states, "Smoking, vaporizing, ingesting, or otherwise consuming cannabis or cannabis products on these premises or in their vicinity is prohibited and a violation of the Pacific Grove Municipal Code." G. Prohibition on Alcohol and Tobacco Sales, Distribution, or Consumption on Licensed Premises. A cannabis business shall not sell, provide, store, or distribute any alcoholic beverages or tobacco products, or allow such products to be consumed on the licensed premises.

H. Advertising. A cannabis business shall not advertise in a manner intended to encourage persons under twenty-one years of age to consume cannabis or cannabis products.

It shall be unlawful for any cannabis business to make any claims that a product is safe because it is tested. All advertisements, including off-site advertising signs, shall comply with Chapter 15 of MAUCRSA.

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

J. No Physician Evaluations on Licensed Premises. A cannabis business shall not permit a physician to evaluate potential medicinal cannabis patients or to provide a physician's recommendation for medicinal cannabis within its licensed premises. Cannabis businesses shall not offer or provide any form of remuneration to a physician who provides physician's recommendations for medicinal cannabis.

K. Community Relations Designee. A cannabis business must provide the city with the name, phone number, facsimile number, and email address of an on-site community relations representative or staff member or other representative whom the city can contact regarding operating concerns associated with the cannabis business. The cannabis business shall report any change in their community relations designee to the city within ten calendar days.

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

1. Video Surveillance. The licensed premises must be equipped with a video surveillance system that meets all of the requirements set forth in this subsection.

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

2. Alarm System. The licensed premises shall have an audible interior and exterior security alarm system installed on all perimeter entry points and perimeter windows, operated, and monitored by a security company licensed by the Department of Consumer Affairs, Bureau of Security and Investigative Services.

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

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

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

6. Notification of City Manager and Law Enforcement. A cannabis business shall notify the city manager and the appropriate law enforcement authorities within twentyfour hours after discovering any of the following:
a. Significant discrepancies identified during inventory; b. Diversion, theft, loss, or any criminal activity involving the retailer or any employee or agent of the retailer;
c. The loss or unauthorized alteration of records related to cannabis, cannabis patients, primary caregivers, or retailer employees or agents; or PGCC 9-6-2023

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d. Any other breach of security.

M. Subletting Prohibited. Licensees are not authorized to sublet any portion of a licensed premises for any purpose.

N. Recordkeeping. Cannabis businesses shall keep and maintain all records specified in Chapter 16 of the MAUCRSA and shall make the same available for inspection and examination of the city manager or their duly authorized representatives during standard business hours of the licensed facility or at any other reasonable time. Cannabis businesses are required to exercise due diligence in preserving and maintaining all required records.

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

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

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

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

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

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

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

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

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

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

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

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

5. Upon arrival at the delivery address and prior to transferring any cannabis or cannabis products, the delivery person must verify and confirm that the identity of the PGCC 9-6-2023

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recipient is the same as the person who requested the delivery and that the person is either twenty-one years of age or a qualified patient or primary caregiver.

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

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

8. Sale of Live Plants. A retailer may sell and offer for sale seeds and immature cannabis plants, but shall not sell or offer for sale live mature cannabis plants. The retailer may provide light and water to immature cannabis plants being offered for sale but may not engage in any other cultivation activity. For the purposes of this provision, an immature cannabis plant is defined as a non-flowering cannabis plant that is shorter and narrower than 18 inches.

11.100.120 Limitations on City’s liability.

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

As a condition of approval a local license granted under this chapter, the applicant or its legal representative shall:

A. Indemnify and hold the city harmless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any actions or claims associated with violation of federal law associated with the operation of the cannabis business and delivery of cannabis as provided in this chapter; and
B. Maintain insurance in the amounts and of the types that are acceptable to the city pursuant to guidelines and policies set forth by the city; and C. Name the city as an additionally insured on all city-required insurance policies; and
D. Defend, at its sole expense, any action against the city, its agents, officers, and employees related to the approval of a local license or the operation of the cannabis business; and
E. Reimburse the city for any court costs and attorney fees that the city may be required to pay as a result of any legal challenge (or federal enforcement action) related to the city's approval of a local license or conditional use permit. The city may, at its sole PGCC 9-6-2023

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discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder.

11.100.130 Inspections.

A. Recordings made by security cameras at any cannabis business shall be made immediately available to the city manager upon verbal request for law or regulatory enforcement and criminal investigation purposes. Such recordings shall be considered confidential and shall not be released to the public pursuant to Government Code Section 7923.600 without the consent of the licensee.

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

C. The city manager shall have the right to inspect records of medicinal cannabis patients and primary caregivers that have made purchases of medicinal cannabis or medicinal cannabis products from a retailer for the sole purpose of determining whether any and all such individuals are qualified to make such purchases. Such inspections of records shall not be used for any other purposes, nor shall the records be removed off-site by the city without a court order.

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

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

11.100.140 Enforcement; Suspension and Revocation of License.

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

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

1.16 and 1.19 PGMC.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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11.100.160 Consumption of cannabis
Smoking and vaporizing of cannabis and cannabis products are prohibited in all public places and any place that is open to the public; reference Chapter 11.24 PGMC. Additionally, consumption and the use of any and all forms of cannabis, including edible cannabis product, shall be prohibited in all public places.

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

1. Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older without compensation whatsoever not more than 28.5 grams of cannabis not in the form of concentrated cannabis; or

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

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

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

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

SECTION 5. Severability. If any provision, section, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.

SECTION 6. In accord with Article 15 of the City Charter, this ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.

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

AYES:

NOES:

ABSENT:

APPROVED
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BILL PEAKE, Mayor
ATTEST:

DATED:

SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:

BRIAN A. PIERIK, City Attorney
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ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF PACIFIC GROVE, ADDING CHAPTER

23.92 TO THE PACIFIC GROVE MUNICIPAL CODE

ESTABLISHING CANNABIS BUSINESS ZONING

REGULATIONS
FACTS

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

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

SECTION 2. The City Council finds that the adoption of this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the common sense PGCC 9-6-2023

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

SECTION 3. The City Council makes the following findings required for a zoning ordinance amendment.

A. The proposed amendment is consistent with the general plan and, if applicable, the certified local coastal program.

This ordinance is consistent with General Plan Goal 1: “Provide for orderly, wellplanned, and balanced development consistent with the historic nature of Pacific Grove, the capacity of the City’s infrastructure, and ability to assimilate new growth.” This ordinance establishes regulations to allow for a new type of commercial use to be established in the City in limited quantities. Cannabis retailers will likely move into existing vacant structures and as such will not create new burdens on existing infrastructure. The ordinance is also consistent with General Plan Policy 2: “Ensure new development is compatible with adjacent existing development.” The ordinance limits cannabis retailers to specific commercial and industrial zones and includes separation requirements to ensure the businesses do not locate in close proximity to sensitive uses.

B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare.

This ordinance will facilitate access to medicinal and adult-use cannabis in a safe manner consistent with all applicable State regulations. The ordinance limits the number of storefront retailers that may open in the City to one, which ensures there will not be an overconcentration of these uses. Delivery-only retailers will only be permitted to sell medicinal cannabis. The ordinance requires odor control systems to be installed to ensure that nuisance odors do not impact neighbors and the general public.

C. The proposed amendment is internally consistent with other applicable provisions of the zoning code.

This ordinance relies on the existing use permit process as the mechanism for the approval of cannabis retailers. The ordinance incorporates existing enforcement provisions as well. There are no inconsistencies between the proposed ordinance and existing provisions of the zoning code.

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3 SECTION 4. Chapter 23.92 (Cannabis Businesses) is hereby added to the Pacific Grove Municipal Code to read as follows:

CHAPTER 23.92 CANNABIS BUSINESSES

23.92.010 Purpose.

23.92.020 Relationship to other laws.

23.92.030 Definitions.

23.92.040 Conditional use permit required.

23.92.050 Conditional use permit application.

23.92.060 Findings for approval of conditional use permit.

23.92.070 Separation requirements.

23.92.080 Conditions of approval.

23.92.090 Limitations on City’s liability.

23.92.100 Inspections.

23.92.110 Enforcement.

23.92.010 Purpose.

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

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

23.92.020 Relationship to other laws.

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

23.92.030 Definitions.

Unless otherwise defined herein, the terms in this chapter shall have the same meaning as set forth in Medicinal and Adult-Use Cannabis Regulation and Safety Act and any rules promulgated pursuant thereto. In addition, the following terms shall be defined as follows:
“Adult-use cannabis” means cannabis and cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physician’s recommendation, or are intended for use on, or consumption by, animals.

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4 “Cannabis business” means any person engaged in commercial cannabis activity as defined in California Business and Professions Code Section 26001. "Local license" means a license granted by the City pursuant to Chapter 11.100 of this code. "Medicinal and Adult-Use Cannabis Regulation and Safety Act" or "MAUCRSA" means Division 10 of the California Business and Professions Code. “Medicinal cannabis” means cannabis and cannabis products that are intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation.
“Retail, delivery-only” shall mean a cannabis business that does not allow on-site sales of cannabis to customers, and has or will have a Type 9 license from the California Department of Cannabis Control.
“Retail, storefront” shall mean a cannabis business that has a physical location from which cannabis is sold to retail customers on-site, and has or will have a Type 10 license from the California Department of Cannabis Control.
"State law(s)" shall mean and include California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.85 (Medical Marijuana Program Act); MAUCRSA, and all other applicable laws and regulations of the state of California.

23.92.040 Conditional use permit required.

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

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

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

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

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

23.92.050 Conditional use permit application.

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

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

1. Proof that the applicant has received a local license, and the local license is in good standing.

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5 3. The address of the proposed cannabis business.

4. A site plan and floor plan of the cannabis business denoting the use of areas within the cannabis business, including storage, employee areas, restrooms, areas of ingress and egress, limited access areas, and restricted access areas, if included. The plans shall also note the locations of proposed exterior lighting and security cameras.

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

6. A description of the design of the proposed premises evidencing that the design conforms to applicable city design standards.

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

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

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

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

23.92.060 Findings for approval of conditional use permit.

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

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

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

2. The cannabis business will be located in one of the following zones:
a. For storefront retail, the use will be located in the C-1, C-D, C-FH or C2, zone. b. For delivery-only retail, the use will be located in the I, C-FH, C-1 or C2 zone.

3. The cannabis business meets the separation requirements in Section 23.92.070.

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6 C. The planning commission may deny an application for a conditional use permit if it determines that one or more of the findings required by Section 23.70.080(a)(4) or Section

23.92.060(b) of this code cannot be made.

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

23.92.070 Separation requirements.

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

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

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

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

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

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

23.92.080 Conditions of approval.

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

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

2. The applicant or its legal representative shall indemnify and hold the city harmless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any actions or claims associated with violation of federal law associated with the operation of the cannabis business; defend, at its sole expense, any action against the city, its agents, officers, and employees related to the approval of a conditional use permit or the operation of the cannabis business; reimburse the city for any court costs and attorney fees that the city may be required to pay as a result of any legal challenge (or federal enforcement action) related to the city's approval of a conditional use.

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

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

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

6. For delivery-only retail, the business will only sell medicinal cannabis and medicinal cannabis products. The sale of adult-use cannabis or adult-use cannabis products is prohibited.

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

8. On-site signage for a cannabis business that is viewable from the exterior of the cannabis business shall comply with all local signage laws applicable to the licensed premises, including Chapters 17.251 and 17.254 of this code. Signage may not be designed to appeal to children, or contain any false or misleading statements, or make any misrepresentations.

23.92.090 Limitations on City’s liability.

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

23.92.100 Inspections.

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

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

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

23.92.110 Enforcement.

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

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

SECTION 5. The City Manager is directed to execute all documents and to perform all other necessary City acts to implement this Ordinance.

SECTION 6. Severability. If any provision, section, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.

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

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

AYES:

NOES:

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9 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. 13 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: September 06, 2023
SUBJECT: Memorandum of Understanding between the City of Pacific Grove and the General Employees Association (GEA)
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Approve a resolution approving the Memorandum of Understanding between the City of Pacific Grove and the General Employees Association to cover the period of July 1, 2023, through June 30, 2026.

DISCUSSION
The City and General Employees Association (GEA) have been negotiating a successor to the Memorandum of Understanding (MOU) that expired in June 2023.

The attached resolution implements the tentative agreement reached with GEA. GEA’s membership authorized this agreement. Below are key items that have been negotiated:

Multi-year agreement, term ending June 30, 2026
Cost of Living Adjustments (COLA)
3% COLA effective 8/20/2023
3% COLA effective the first full pay period of July 2024 3% COLA effective the first full pay period of July 2025 The annual costs for each COLA are projected to be approximately $125,000, $129,000, and $133,000. While the annual costs for the first year is listed as $125,000, the actual impact to the Fiscal Year 23/24 Budget is estimated to be approximately $23,000. This is primarily due to the City incorporating an estimated 2% COLA into the Fiscal Year 23/24 Budget; and an effective COLA implementation date of August 20, 2023.

Increase to Employer Health Contributions
Employee plus a dependent, from $1,300 monthly to $1,400 monthly Employee plus two or more dependents, from $1,600 monthly to $1,825 monthly $25 increase in 2024 for employee plus one dependent ($1,425) and $50 increase for employee plus two dependents or more ($1,875)
$25 increase in 2025 for employee plus one dependent ($1,450) and $50 increase for employee plus two dependents or more ($1,925)
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$25 increase in 2026 for employee plus one dependent ($1,475) and $50 increase for employee plus two dependents or more ($1,975)
Health benefit re-opener (meet and confer) if premiums increase on average 15% or more for CalPERS Region 1
The annual cost of health care increase in the first year is estimated to be $16,800, with increases of approximately $4,500 in the remaining years.

Paid Time Off (PTO) and Holidays
Eliminate PTO tiering for those hired after July 1, 2015 Eliminate Holiday tiering for those hired after July 1, 2015

Deferred Compensation
Employer match of up to $50 monthly for participating employees The annual costs could vary dependent upon employee participation, however they are not anticipated to exceed $30,000.

Bilingual Pay
$200 monthly for Spanish/English bilingual pay for those who qualify

Employee Fitness Program
Redesign to a fitness reimbursement program for up to $300 reimbursement for fitness memberships to gyms, fitness classes, or similar

Employee Contribution to the CalPERS Employer Share
Employees continue to pay 5% of the CalPERS employer share for a total of 12% CalPERS employee contribution (7% employee share and 5% employer share) The amount of Bilingual Pay and participation in the Employee Fitness Program may vary; however it is anticipated not to exceed $15,000 annually.

The negotiations were fully collaborative and were based on shared interests of the GEA employees, and the City. This is a continuation of the GEA’s ongoing approach to seek what is best for its members, and to do so in the larger context of what is best for the City as a whole.

Approval of the attached resolution confers authority upon the City Manager Pro Tem to take all steps necessary to implement this MOU, and authorizes budget adjustments if necessary, to implement expenditures during FY 23/24, FY 24/25 and FY 25/26.

OPTIONS
Provide alternate direction to staff.

FINANCIAL IMPACT:

It is anticipated that the impact to the Fiscal Year 23/24 Budget will be approximately $80,000. This represents the amount of the projected first year increase, net of the 2% COLA that was incorporated into the original budget. If approved, a budget amendment will be prepared in October.

The increases to the remaining two years of the contract are estimated to be approximately $138,000 annually, which represent the increase in healthcare and the additional COLA's.

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The increase in the annual unfunded liability payment for each 3% COLA is estimated to be approximately $22,350 (Approximately $69,000 for the combined three year contract period); however the City's budget will not be impacted for the first $22,350 amount until Fiscal Year 26/27. The projected increase in the unfunded liability payment may also change based on investment returns and CalPERS actuarial assumptions.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments
Resolution
Proposed GEA MOU
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RESOLUTION NO. 23 - ____________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE

APPROVING THE MEMORANDUM OF UNDERSTANDING
WITH THE PACIFIC GROVE GENERAL EMPLOYEES ASSOCIATION.

FINDINGS

1. The City of Pacific Grove and the General Employees Association (GEA) have negotiated and have reached agreement on a successor Memorandum of Understanding amending the Memorandum of Understanding that governs wages, benefits, hours and working conditions General Employee Association members.

2. This action does not constitute a “project” as defined by California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment; and

RESOLUTION

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

SECTION 1. The City Council finds each recital set forth above to be true and correct, and by this reference incorporates each as an integral part of this Resolution.

SECTION 2. The City Council approves the attached Memorandum of Understanding with the General Employees Association that covers the period July 1, 2023, through June 30, 2026.

SECTION 3. The City Manager is authorized to execute all documents and to perform all other necessary City acts to implement the Memorandum of Understanding.

SECTION 4. This resolution confers authority upon the City Manager to take all steps necessary to implement this MOU and authorizes budget adjustments if necessary to implement expenditures during FY 23/24, FY 24/25, and 25/26.

SECTION 5. This Resolution shall take effect immediately following its adoption.

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

AYES:

NOES:

ABSENT:

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APPROVED:
_________________________________
__________________________

BILL PEAKE
Mayor
ATTEST:
_________________________________

SANDRA ANN KANDELL
City Clerk
APPROVED AS TO FORM:
_________________________________

BRIAN PIERIK
City Attorney
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CITY OF PACIFIC GROVE
General Employees Association
Memorandum of Understanding
July 1, 2023 – June 30, 2026
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GEA MOU July 1, 2023 – June 30 2026 Page 1
Contents
ARTICLE 1 ADMINISTRATIVE............................................................................................... 4

1.1 Parties ............................................................................................................................... 4

1.2 Recognition ...................................................................................................................... 4

1.3 Unit Description ............................................................................................................... 4

1.4 Coverage .......................................................................................................................... 5

1.5 Duration and Scope of MOU ......................................................................................... 5

1.6. Nondiscrimination ........................................................................................................... 5

1.7 Association Dues ............................................................................................................. 5

1.8 Release Time for Association Business ...................................................................... 6

1.9 Contracting Out/Bidding ................................................................................................. 6

1.10 Safety ................................................................................................................................ 6

1.11 Safety Committee ............................................................................................................ 7 ARTICLE 2 COMPENSATION ................................................................................................. 7

2.1 Salary............................................................................................................................... 7

2.1.1 Market Adjustments ................................................................................................... 7

2.2 Certificate/Special Pay ................................................................................................... 7

2.3 Shift Differential ............................................................................................................... 8

2.4 Bilingual Pay ...................................................................................................................... 8 ARTICLE 3 INSURANCE BENEFITS ...................................................................................... 8

3.1 Employee Health Plan Eligibility ................................................................................... 8

3.2 City Paid Group Health Premiums ................................................................................ 9

3.3 Proof of Other Coverage .............................................................................................. 10

3.4 Section 125 Plan .......................................................................................................... 10

3.5 Group Life Insurance .................................................................................................... 11

3.6 Short-Term/ Long-Term Disability Plan (STD/ LTD) ................................................ 11

3.7 State Disability Income Protection Plan ..................................................................... 11

3.8 Medical, Dental, and Vision Insurance ...................................................................... 11

3.9 Medicare ......................................................................................................................... 11

3.10 Workers Compensation Salary Continuation .......................................................... 11 ARTICLE 4 FITNESS INCENTIVE REIMBURSEMENT ................................................... 12

4.1 Fitness Incentive Reimbursement Program .............................................................. 12 ARTICLE 5 RETIREMENT..................................................................................................... 12

5.1 Definition ......................................................................................................................... 12

5.2 Service Pension for Classic Members ....................................................................... 13 PGCC 9-6-2023

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5.3 Cost Sharing - Service Pension for Classic Members ............................................ 13

5.4 Final Compensation for Classic Members ................................................................ 14

5.5 Credit for Unused Sick Leave for Classic Members ................................................ 14

5.6 New CalPERS Members Benefit Rate, Contribution and Final Compensation .. 14

5.7 1959 Survivor’s Allowance ........................................................................................... 14

5.8 Military Service Credit ................................................................................................... 14

5.9 Continued Application ................................................................................................... 14 ARTICLE 6 LEAVE PROVISIONS ......................................................................................... 14

6.1 Sick Leave ...................................................................................................................... 14

6.2 Personal Necessity Leave ........................................................................................... 15

6.3 Bereavement Leave ...................................................................................................... 15

6.4 Paid Time Off (PTO) ..................................................................................................... 15

6.5 Holidays .......................................................................................................................... 16 ARTICLE 7 WORKING CONDITIONS ................................................................................... 18

7.1 Hours ............................................................................................................................... 18

7.2 Overtime ......................................................................................................................... 18

7.3 Call Back ......................................................................................................................... 18

7.4 Work Schedules ............................................................................................................ 19

7.5 Alternative Work Schedules ........................................................................................... 19

7.6 Uniform ............................................................................................................................ 19

7.7 Performance Evaluations ............................................................................................. 19

7.8 Step Advancement .......................................................................................................... 20 ARTICLE 8 GRIEVANCE PROCEDURE ............................................................................. 20

8.1 Definitions ....................................................................................................................... 20

8.2 Grievance Procedure Steps ........................................................................................ 20

8.3 Release Time ................................................................................................................. 21

8.4 No Discrimination .......................................................................................................... 21

8.5 Representation .............................................................................................................. 21

8.6 Grievance Withdrawal .................................................................................................. 22

8.7 Review by the Association ........................................................................................... 22

8.8 Waiver of Steps ............................................................................................................. 22 ARTICLE 9. EDUCATION INCENTIVE ................................................................................ 22 AND PROFESSIONAL DEVELOPMENT .............................................................................. 22

9.1 Education Incentive Pay ............................................................................................... 22

9.2 Education Reimbursement .......................................................................................... 24 PGCC 9-6-2023

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9.3 Training Opportunity ........................................................................................................ 24

9.4 City Training Day ............................................................................................................. 25 ARTICLE 10 MISC..................................................................................................................... 25

10.1 MOU Negotiations Timing ............................................................................................ 25

10.2 Future Negotiations ....................................................................................................... 25

10.3 Recruitment of Vacancies ............................................................................................ 25 ARTICLE 11 SAVINGS CLAUSE .......................................................................................... 26 PGCC 9-6-2023

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GEA MOU July 1, 2023 – June 30 2026 Page 4
Memorandum of Understanding Between
City of Pacific Grove and
General Employees’ Association
July 1, 2023 – June 30, 2026
In accordance with State requirements, the City of Pacific Grove, through its negotiating team, and the Pacific Grove General Employees’ Association, through its negotiating team, have met and conferred in good faith on matters within the scope of representation. As a result of these meetings, the parties make the following Memorandum of Understanding as required and subject to the conditions of Government Code Section 3503.1.

ARTICLE 1 ADMINISTRATIVE

1.1 Parties
This agreement is made and entered into between the City of Pacific Grove (herein called the “City”) and the Pacific Grove General Employees’ Association, (herein called the “Association”).

1.2 Recognition
The City recognizes the Pacific Grove General Employees’ Association as the exclusive representative of the employees in the General Unit. The City further recognizes the Pacific Grove General Employees’ Union affiliation with UPEC 792, LIUNA AFL/CIO.

1.3 Unit Description
The General Unit consists of all regular full- time and 30-hour weekly employees of the City occupying positions in the following job classes (including classes denoted with *, which are not presently funded or listed on the salary schedule):

Accounting Assistant Maintenance Supervisor
Accounting Assistant, Senior Maintenance Technician/Safety Coordinator*
Administrative Analyst (formerly
Administrative Technician)
Maintenance Worker
Animal Control Officer Maintenance Worker, Senior
Arborist* Office Assistant
Code Compliance Officer Parking Enforcement Officer
Community Service Officer Planner, Assistant
Engineering Technician* Planner, Associate
Equipment Mechanic Planner, Senior
Equipment Mechanic, Senior Police Records Supervisor
IT Support Specialist Police Service Technician
Library Assistant Property & Evidence Technician
Library Assistant, Senior Recreation Coordinator
Library Clerk Recreation Program Supervisor
Library Technician* Volunteer Coordinator
PGCC 9-6-2023

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Classifications that align with GEA as determined by the City will be added to the Unit Description after 60 days of the classification becoming eligible.

1.4 Coverage
This Memorandum of Understanding applies only to full-time and 30-hour weekly positions in a classification represented by the Association only.

1.5 Duration and Scope of MOU
The MOU shall govern the period July 1, 2023, through June 30, 2026. It is understood that as to any terms not covered by this MOU. Section 4.20 of the Pacific Grove Municipal Code and Administrative Policy & Procedures Manual is applicable.

1.6. Nondiscrimination
The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby without discrimination because of Association membership.

Employees may elect to exercise their right to join and participate in the activities of the Association for the purpose of representation in all matters of their working conditions and employer-employee relations.

1.7 Association Dues
Employees in classifications and positions recognized to be represented by the Association may authorize the City to deduct specified amounts for payment of dues to the Association. The City is not a party to any matters regarding the process and any other terms applicable to employee authorization or rescission of authorization for such deductions. Such matters are exclusively between the Association and affected employee(s) only.

The Association will maintain records of employee authorizations for such payroll deductions and will provide the City with a document identifying unit employees who have authorized payroll deductions and the amount that each employee has authorized the City to deduct. The City will rely upon the list of employees and the deduction amounts contained in the document provided by the Association, subject to the following terms:

Deduction of membership dues will cease starting with the next pay period following the effective date of promoting or demoting out of the association.

No payroll deductions shall be made under this Section during any pay period in which an employee’s earnings, after all other deductions are made, are insufficient to cover the full amount authorized.

When an employee is in a non-pay status for an entire pay period, no deduction will be made to cover the pay period from future earnings.

PGCC 9-6-2023

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In the case of an employee who is in a non-pay status during less than an entire pay period and whose earnings, after all other deductions are made, are insufficient to cover the full amount authorized under this Section, no deduction shall be made from future earnings to cover the pay period.

The City shall transmit to the Association, as soon as reasonably possible, the aggregate of such deductions, along with an itemized statement of the deductions taken. Dues deducted and paid to the Association in error shall be refunded to City upon presentation of proof of such error. The Association shall indemnify, defend, and hold the City harmless against any liability arising in any forum, whether judicial, administrative, or otherwise, from any claims, demands, or other action relating to the City’s compliance with any obligations imposed under Section 1.7 including but not limited to payroll deductions made in reliance on information provided by the Association and the Association’s use of monies collected under these provisions.

1.8 Release Time for Association Business
Up to three (3) designated Association representatives (in addition to the Association’s business agent) shall be allowed, as long as there is no disruption in work, a reasonable amount of release time off without loss of pay for purposes of participating in meetings and conferring or meeting and consulting sessions with City representatives on matters within the scope of representation. Such Association representatives shall first obtain permission through the appropriate management channel before leaving the work or work location.

1.9 Contracting Out/Bidding
The City has the right to contract out bargaining unit services, however, when feasible, the City will perform cost analysis to meet the best interest of the City. In the event that the City exercises its right to contract out bargaining unit work, the City shall provide at least 60 days’ notice to Association and an opportunity for the Association to meet and confer on the impacts and effects of this decision and comply with current law.

1.10 Safety
The City recognizes its obligation and is committed to providing a safe place of employment for its employees. To assist in accomplishing this goal, it is agreed that the City reserves the right to adopt reasonable City rules and regulations, which become effective when posted. City agrees to meet and discuss with the Association proposed changes prior to implementation.

The Association agrees that it is the duty of all employees to comply with all reasonable rules and regulations and to be alert to all unsafe places, equipment and conditions and to report any such unsafe practices or conditions to their immediate supervisor.

Association representatives shall have reasonable access to work locations of unit employees to inspect worksites to ensure a safe work place.

PGCC 9-6-2023

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Pacific Grove City CouncilSeptember 6, 2023

Pacific Grove City Council
September 6, 2023