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(b) b. Rented to, in the care, custody or Coverage under this provision does not control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees", "volunteer workers", (2) "Personal and advertising injury" any partner or member (if you are arising out of an offense committed a partnership or joint venture), or any member (if you are a limited before you acquired or formed the liability company). organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person (other than your "employee" or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such equipment along a public highway with your c. Temporary Custodians Of Your permission. Any other person or organization Property responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured with respect to: (2) Until your legal representative has been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, rented to, in the charge of or occupied by only with respect to duties as such. That you or the employer of any person who is representative will have all your rights and an insured under this provision. duties under this insurance.
5. Operator of Nonowned Watercraft e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that is less than 51 feet long and is not being used yours which is a legally incorporated entity to carry persons for a charge, any person is an of which you own a financial interest of more than 50% of the voting stock on the insured while operating such watercraft with your permission. Any other person or effective date of this Coverage Part. organization responsible for the conduct of The insurance afforded herein for any such person is also an insured, but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft, and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an person or organization for this liability. insured under another policy or would be However, no person or organization is an an insured under such policy but for its insured with respect to: termination or upon the exhaustion of its limits of insurance. a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, b. "Property damage" to property owned by, rented to, in the charge of or occupied by other than a partnership, joint venture or you or the employer of any person who is limited liability company, and over which you maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs through below are additional a. f. or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and
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contract, written agreement or because of a Any failure to make such (e) permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the products; A person or organization is an additional (f) Demonstration, installation, insured under this provision only for that servicing or repair operations, period of time required by the contract, except such operations performed agreement or permit. at the vendor's premises in However, no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an (g) Products which, after distribution additional insured by an endorsement issued or sale by you, have been labeled by us and made a part of this Coverage Part, or relabeled or used as a including all persons or organizations added container, part or ingredient of any as additional insureds under the specific other thing or substance by or for additional insured coverage grants in Section the vendor; or F. – Optional Additional Insured Coverages. (h) "Bodily injury" or "property a. Vendors
damage" arising out of the sole Any person(s) or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part (i) The exceptions contained in provides coverage for "bodily injury" or Subparagraphs or ; or (d) (f) "property damage" included within the "products-completed operations hazard". Such inspections, adjustments, (ii) tests or servicing as the vendor (1) The insurance afforded to the vendor has agreed to make or normally is subject to the following additional undertakes to make in the usual exclusions:
course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence b. Lessors Of Equipment of the contract or agreement;
(1) Any person or organization from (b) Any express warranty whom you lease equipment; but only unauthorized by you; with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
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(2) e. Permits Issued By State Or Political With respect to the insurance afforded to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision has issued a permit. (1) Any person or organization from whom you lease land or premises, but With respect to the insurance afforded (2) only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or
(a) (b) Any "occurrence" which takes "Bodily injury" or "property damage" place after you cease to lease that included within the "productsland or be a tenant in that completed operations hazard". premises; or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through . above, but only with e behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or in part, by your acts or omissions or (1) Any architect, engineer, or surveyor, but the acts or omissions of those acting only with respect to liability for "bodily on your behalf: injury", "property damage" or "personal and advertising injury" caused, in whole In the performance of your (a) or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products-
(b) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to This Coverage Part provides (ii) "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "productsfailure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including:
activities.
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(a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion.
(b) 3. Each Occurrence Limit Supervisory, inspection,
architectural or engineering Subject to or above, whichever 2.a. 2.b activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section – Limits "property damage" and medical expenses D.
Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in the Declarations. insurance is available to an additional insured is described in the Other Insurance Condition The most we will pay for all medical expenses in Section – Liability And Medical Expenses because of "bodily injury" sustained by any E.
General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to above, the most we will pay for 2.b. company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal and Advertising Injury Limit shown in the LIMITS OF INSURANCE Declarations.
1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To You Declarations and the rules below fix the most Limit is the most we will pay under Business we will pay regardless of the number of: Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of the owner. 2. Aggregate Limits
In the case of damage by fire, lightning or The most we will pay for: explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the 6. How Limits Apply To Additional Insureds Declarations.
The most we will pay on behalf of a person or b. Damages because of all other "bodily organization who is an additional insured injury", "property damage" or "personal under this Coverage Part is the lesser of: and advertising injury", including medical expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or permit issued by a state or political This General Aggregate Limit applies subdivision; or separately to each of your "locations" owned by or rented to you. b. The Limits of Insurance shown in the Declarations. "Location" means premises involving the
same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad.
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If more than one limit of insurance under this Immediately send us copies of any (1) policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph above. 3. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Cost of determining the Limits of Insurance.
No insured will, except at that insured's own E. LIABILITY AND MEDICAL EXPENSES cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other
1. Bankruptcy than for first aid, without our consent.
Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured must submit such claim or "suit" to the a. Notice Of Occurrence Or Offense other insurer for defense and indemnity. You or any additional insured must see to However, this provision does not apply to it that we are notified as soon as the extent that you have agreed in a practicable of an "occurrence" or an written contract, written agreement or offense which may result in a claim. To permit that this insurance is primary and the extent possible, notice should include: non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs and apply to you or to a. b. (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to:
b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual;
against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity.
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This Paragraph applies separately to We have issued this policy in reliance f. (3) you and any additional insured. upon your representations.
3. Financial Responsibility Laws b. Unintentional Failure To Disclose Hazards a. When this policy is certified as proof of
financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance is b. With respect to "mobile equipment" to available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other a. Primary Insurance coverage required by any motor vehicle law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also primary, we will share with all that other 4. Legal Action Against Us insurance by the method described in c. No person or organization has a right under below. this Coverage Form:
b. Excess Insurance
a. To join us as a party or otherwise bring us
This insurance is excess over any of the into a "suit" asking for damages from an other insurance, whether primary, excess, insured; or
contingent or on any other basis: b. To sue us on this Coverage Form unless all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for "your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance. An agreed or temporarily occupied by you with settlement means a settlement and release of permission of the owner; liability signed by us, the insured and the claimant or the claimant's legal representative. (3) Tenant Liability
5. Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for Except with respect to the Limits of Insurance, "property damage" to premises rented and any rights or duties specifically assigned to you or temporarily occupied by you in this policy to the first Named Insured, this with permission of the owner; insurance applies:
(4) Aircraft, Auto Or Watercraft a. As if each Named Insured were the only Named Insured; and If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to b. Separately to each insured against whom the extent not subject to Exclusion of g. a claim is made or "suit" is brought. Section – Coverages. A.
6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not subject to Exclusion of Section – k. A. (2) Those statements are based upon Coverages. representations you made to us; and
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(6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that
exceeds the sum of: That is other insurance available to you covering liability for damages The total amount that all such other (1) arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and selfadded as an additional insured by that insured amounts under all that other insurance; or insurance.
(7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains, This insurance is primary if you whichever comes first. have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer’s share is based on the ratio of its by the method described in applicable limit of insurance to the total c. below. applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs and do not apply to apply to Medical Expenses Coverage. (a) (b) other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage.
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F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section is C.
amended to include as an additional insured If listed or shown as applicable in the Declarations, the person(s) or organization(s) shown in the one or more of the following Optional Additional Declarations as an Additional Insured - Insured Coverages also apply. When any of these Grantor Of Franchise, but only with respect to Optional Additional Insured Coverages apply, their liability as grantor of franchise to you. Paragraph (Additional Insureds When Required 6. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section , Who Is An Insured, does not apply C. Equipment to the person or organization shown in the a. C. WHO IS AN INSURED under Section is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured – Lessor of Leased Equipment,
1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal
and advertising injury" caused, in whole or WHO IS AN INSURED under Section is C. in part, by your maintenance, operation or amended to include as an additional insured use of equipment leased to you by such the person(s) or organization(s) shown in the person(s) or organization(s). Declarations, but only with respect to liability for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment.
a. 5. Additional Insured - Owners Or Other In the performance of your ongoing operations; or Interests From Whom Land Has Been
Leased b. In connection with your premises owned
by or rented to you. a. C. WHO IS AN INSURED under Section is amended to include as an additional 2. Additional Insured - Managers Or Lessors insured the person(s) or organization(s) Of Premises shown in the Declarations as an Additional
a. C. WHO IS AN INSURED under Section is Insured – Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of b. With respect to the insurance afforded to the premises leased to you and shown in the these additional insureds, the following Declarations. additional exclusions apply: b. With respect to the insurance afforded to This insurance does not apply to: these additional insureds, the following additional exclusions apply: (1) Any "occurrence" that takes place after you cease to lease that land; or This insurance does not apply to:
(2) Structural alterations, new (1) Any "occurrence" which takes place construction or demolition operations after you cease to be a tenant in that performed by or on behalf of such premises; or person or organization. (2) Structural alterations, new 6. Additional Insured - State Or Political construction or demolition operations Subdivision – Permits performed by or on behalf of such person or organization. a. WHO IS AN INSURED under Section is C. amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
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Insured – State Or Political Subdivision - Any failure to make such (e) Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of business, in connection with the b. With respect to the insurance afforded to distribution or sale of the products; these additional insureds, the following additional exclusions apply: (f) Demonstration, installation, servicing or repair operations, This insurance does not apply to: except such operations performed (1) "Bodily injury", "property damage" or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after distribution (2) "Bodily injury" or "property damage" or sale by you, have been labeled included in the "product-completed or relabeled or used as a operations" hazard. container, part or ingredient of any
7. Additional Insured – Vendors other thing or substance by or for a. C. WHO IS AN INSURED under Section is the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to:
sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part Subparagraphs or ; or (d) (f) provides coverage for "bodily injury" or (ii) Such inspections, "property damage" included within the adjustments, tests or servicing "products-completed operations hazard". as the vendor has agreed to b. The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with the distribution or sale of the (a) "Bodily injury" or "property products. damage" for which the vendor is obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products.
(b) Any express warranty 8. Additional Insured – Controlling Interest unauthorized by you; WHO IS AN INSURED under Section is C. (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured –
Controlling Interest, but only with respect to (d) Repackaging, unless unpacked their liability arising out of: solely for the purpose of inspection, demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container;
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This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section – Limits Of D. operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance
9. Additional Insured – Owners, Lessees Or is available to an additional insured is described in Contractors – Scheduled Person Or the Other Insurance Condition in Section – E.
Organization Liability And Medical Expenses General
a. C. WHO IS AN INSURED under Section is Conditions.
amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional
1. "Advertisement" means the widespread public Insured – Owner, Lessees Or Contractors, but only with respect to liability for "bodily dissemination of information or images that has the purpose of inducing the sale of goods, injury", "property damage" or "personal and advertising injury" caused, in whole or products or services through:
in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional (5) Newspaper; insured(s); or b. The Internet, but only that part of a web (2) In connection with "your work" site that is about goods, products or performed for that additional insured services for the purposes of inducing the and included within the "products- sale of goods, products or services; or completed operations hazard", but only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include:
"products-completed operations a. The design, printed material, information hazard". or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property b. An interactive conversation between or damage" or "personal an advertising among persons through a computer network. injury" arising out of the rendering of, or
2. "Advertising idea" means any idea for an the failure to render, any professional architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include "mobile equipment". 10. Additional Insured – Co-Owner Of Insured Premises 5. "Bodily injury" means physical:
WHO IS AN INSURED under Section is C. a. Injury;
amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured – CoOwner Of Insured Premises, but only with sustained by a person and, if arising out of the above, mental anguish or death at any time. respect to their liability as co-owner of the premises shown in the Declarations. 6. "Coverage territory" means:
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BUSINESS LIABILITY COVERAGE FORM
a. b. The United States of America (including its You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by:
b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work"; of travel or transportation between any or places included in above; a. b. Your fulfilling the terms of the contract or c. All other parts of the world if the injury or agreement. damage arises out of: 12. "Insured contract" means:
(1) Goods or products made or sold by you a. A contract for a lease of premises. in the territory described in above; a.
However, that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any is in the territory described in . a person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business; or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication – Liability and Medical Expenses Limits D. of Insurance. provided the insured's responsibility to pay damages is determined in the United States of A sidetrack agreement; b.
America (including its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, in a including an easement or license "suit" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to. feet of a railroad;
7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except in
a. Stored as or on; connection with work for a municipality; b. Created or used on; or e. An elevator maintenance agreement; or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD-ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for "bodily injury" or "property damage" to a third person or organization, 8. "Employee" includes a "leased worker". provided the "bodily injury" or "property "Employee" does not include a "temporary damage" is caused, in whole or in part, by worker". you or by those acting on your behalf. 9. "Executive officer" means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar governing document. Paragraph includes that part of any f.
10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be. damage" arising out of construction or
11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road-beds, tunnel, underpass or crossing. a. It incorporates "your product" or "your work" that is known or thought to be defective, However, Paragraph does not include f. deficient, inadequate or dangerous; or that part of any contract or agreement:
Form SS 00 08 04 05 Page 21 of 24
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(1) (1) That indemnifies an architect, Power cranes, shovels, loaders, engineer or surveyor for injury or diggers or drills; or damage arising out of: (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers;
drawings, opinions, reports, e. a. b. c. d. Vehicles not described in , , , or surveys, field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications; or permanently attached equipment of the (b) Giving directions or instructions, following types:
or failing to give them, if that is the (1) Air compressors, pumps and primary cause of the injury or generators, including spraying, damage; or welding, building cleaning, (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment; or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failure to render f. a. b. c. d. Vehicles not described in , , , or professional services, including those above maintained primarily for purposes listed in above and supervisory, (1) other than the transportation of persons or inspection, architectural or cargo. engineering activities.
However, self-propelled vehicles with the 13. "Leased worker" means a person leased to following types of permanently attached you by a labor leasing firm under an equipment are not "mobile equipment" but agreement between you and the labor leasing will be considered "autos": firm, to perform duties related to the conduct of your business. "Leased worker" does not (1) Equipment, of at least 1,000 pounds include a "temporary worker". gross vehicle weight, designed primarily for: 14. "Loading or unloading" means the handling of property: (a) Snow removal;
a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing; or aircraft, watercraft or "auto"; (c) Street cleaning;
b. While it is in or on an aircraft, watercraft or (2) Cherry pickers and similar devices "auto"; or mounted on automobile or truck
c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or "auto" to the place where it is workers; and finally delivered; (3) Air compressors, pumps and
but "loading or unloading" does not include the generators, including spraying, movement of property by means of a mechanical welding, building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft, watercraft or "auto". well servicing equipment.
15. "Mobile equipment" means any of the following 16. "Occurrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury" means injury, other vehicles designed for use principally including consequential "bodily injury", arising off public roads; out of one or more of the following offenses:
b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; next to premises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on
which are permanently mounted:
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BUSINESS LIABILITY COVERAGE FORM
c. The wrongful eviction from, wrongful entry Work that may need service, maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product" for consumption on premises you organization's goods, products or services; own or rent. e. b. Oral, written or electronic publication of Does not include "bodily injury" or material that violates a person's right of "property damage" arising out of:
privacy; (1) The transportation of property, unless
f. Copying, in your "advertisement", a the injury or damage arises out of a person’s or organization’s "advertising condition in or on a vehicle not owned idea" or style of "advertisement"; or operated by you, and that condition g. was created by the "loading or Infringement of copyright, slogan, or title of any literary or artistic work, in your unloading" of that vehicle by any "advertisement"; or insured; or
h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials.
18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage" means:
thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that waste. Waste includes materials to be recycled, property. All such loss of use shall be reconditioned or reclaimed. deemed to occur at the time of the
19. "Products-completed operations hazard"; physical injury that caused it; or a. b. Loss of use of tangible property that is not Includes all "bodily injury" and "property damage" occurring away from premises physically injured. All such loss of use you own or rent and arising out of "your shall be deemed to occur at the time of product" or "your work" except: "occurrence" that caused it. (1) Products that are still in your physical As used in this definition, "electronic data" is possession; or not tangible property.
(2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which or abandoned. However, "your work" damages because of "bodily injury", "property will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times: to which this insurance applies are alleged. "Suit" includes: (a) When all of the work called for in your contract has been completed. a. An arbitration proceeding in which such damages are claimed and to which the (b) When all of the work to be done at insured must submit or does submit with the job site has been completed if our consent; or your contract calls for work at more than one job site. b. Any other alternative dispute resolution proceeding in which such damages are (c) When that part of the work done at claimed and to which the insured submits a job site has been put to its with our consent. intended use by any person or organization other than another 22. "Temporary worker" means a person who is contractor or subcontractor furnished to you to substitute for a permanent working on the same project. "employee" on leave or to meet seasonal or short-term workload conditions.
23. "Volunteer worker" means a person who:
a. Is not your "employee";
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BUSINESS LIABILITY COVERAGE FORM
b. (2) Donates his or her work; The providing of or failure to provide warnings or instructions. c. Acts at the direction of and within the scope of duties determined by you; and Does not include vending machines or c. d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work":
24. "Your product": a. Means:
a. Means: (1) Work or operations performed by you
(1) Any goods or products, other than real or on your behalf; and property, manufactured, sold, handled, (2) Materials, parts or equipment distributed or disposed of by: furnished in connection with such work (a) You; or operations.
(b) b. Others trading under your name; Includes:
or (1) Warranties or representations made at
(c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired; and of "your work"; and
(2) (2) Containers (other than vehicles), The providing of or failure to provide materials, parts or equipment warnings or instructions. furnished in connection with such
goods or products.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your product"; and
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Alvarez Contract - 2023-24
Final Audit Report 2023-07-25
Created: 2023-07-24
By: Mohammed Khasimi ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAxt-EO550V0pFO-f0o-Y5Z2fYWy5j_zJw "Alvarez Contract - 2023-24" History
Document created by Mohammed Khasimi ([email protected]) 2023-07-24 - 10:32:54 PM GMT- IP address: 12.227.61.194 Document emailed to Luis Alvarez ([email protected]) for signature 2023-07-24 - 10:37:16 PM GMT
Email viewed by Luis Alvarez ([email protected])
2023-07-24 - 10:55:57 PM GMT- IP address: 104.47.56.126 Document e-signed by Luis Alvarez ([email protected]) Signature Date: 2023-07-24 - 10:56:34 PM GMT - Time Source: server- IP address: 24.130.245.57 Document emailed to Tori Hannah ([email protected]) for signature 2023-07-24 - 10:56:35 PM GMT
Email viewed by Tori Hannah ([email protected]) 2023-07-24 - 11:43:19 PM GMT- IP address: 104.47.64.254 Document e-signed by Tori Hannah ([email protected]) Signature Date: 2023-07-24 - 11:43:29 PM GMT - Time Source: server- IP address: 12.227.61.194 Document emailed to Brian Pierik ([email protected]) for signature 2023-07-24 - 11:43:30 PM GMT
Email viewed by Brian Pierik ([email protected])
2023-07-25 - 2:48:36 AM GMT- IP address: 104.200.69.104 Document e-signed by Brian Pierik ([email protected])
Signature Date: 2023-07-25 - 2:49:06 AM GMT - Time Source: server- IP address: 198.24.204.51 Document emailed to Ben Harvey ([email protected]) for signature 2023-07-25 - 2:49:07 AM GMT
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Email viewed by Ben Harvey ([email protected]) 2023-07-25 - 3:05:48 AM GMT- IP address: 104.2.42.172
Document e-signed by Ben Harvey ([email protected]) Signature Date: 2023-07-25 - 3:06:03 AM GMT - Time Source: server- IP address: 104.2.42.172 Agreement completed.
2023-07-25 - 3:06:03 AM GMT
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AMENDMENT # 1
AGREEMENT FOR PROFESSIONAL SERVICES WITH Alvarez Technology Group Inc.
WHEREAS, the City of Pacific Grove (“City”) and Alvarez Technology Group Inc. (“Contractor”) entered into a Professional Services Agreement (“Agreement”) dated July 1, 2023 through June 30, 2024; and
WHEREAS, the City and Contractor desire to amend certain terms of the Agreement; NOW, THEREFORE, the parties agree as follows:
A. The Agreement is amended as follows:
• The Alvarez Technology Group Inc. contract will increase from $39,900 to $99,900 for the period through June 30, 2024 (Fiscal Year 23/24), to allow for on-site IT support services to assist with position vacancies.
B. All other terms of the Agreement remain the same.
Dated: ____________________
Dated: _____________________
________________________________
Luis M. Alvarez, President & CEO, Alvarez
Technology Group, Inc.
________________________________
Tori Hannah, Administrative Services Director /
City Manager Pro Tempore
Dated: ____________________
Dated: _____________________
_______________________________
Brian Pierik, City Attorney
_________________________________
Bill Peake, Mayor
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Agenda No. 10 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Katie Clark, Recreation Program Manager
MEETING DATE: October 18, 2023
SUBJECT: Recreation Board Meeting Minutes April 28, 2022; May 26, 2022; June 23, 2022; and July 28, 2022
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive minutes.
Attachments
Recreation Board Meeting Minutes April 28, 2022
Recreation Board Meeting Minutes May 26, 2022
Recreation Board Meeting Minutes June 23, 2022
Recreation Board Meeting Minutes July 28, 2022
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1. CALL TO ORDER – The meeting was called to order at 6:00 pm. on April 28, 2022 ROLL CALL – Jay Tulley, Chair; Charles Gibson; Daryl Smith; Colleen Goldsmith; Elliot Hazen.
Also present: Recreation Manager: Katie Clark; PG City Council: Amy Tomlinson
2. Approval of Agenda: Approved 5-0-0
3. Board and Staff Announcements: Chair Tulley commended Charlie Gibson as “PG Volunteer of the Year”; Katie Clark congratulated Gibson and noted that openings for Summer recreational program still ongoing in swim, dance, and other youth programs.
4. Council Liaison Comments: none
5. General Public Comments:
A. Written Communication: C. Gruber, J. Cohen, E. Deegan, J. Petersen, W. Giles, S. Laflan, L. Chaney, D. Deegan, K. McFarland, T. Hubbard, D. O’Donnell & Y. Hildebrand Bowen wrote in support of Summer Lights Event. S. Parris, L. Ciani, J. Wong, Tanya, J. Cohen, H. Leinen, C. Garcia, K. Coleman, K. Biala & I. Lorentzen Daumer wrote to deny event approval. K. Clark submitted information re event planning logistics; B. Peake for- warded application information.
B. Oral Communication: Michael Ipson commented on DEI Commission.
6. Approval of Minutes for March 24, 2022, to be approved May 26th Rec Board Meeting
7. Regular Agenda:
A. George Washington Park Survey: Chair Tulley presented information that City of PG approved funds of $25,000 for purchase of playground equipment in December 2021.
PW Director Dan Gho is seeking grant for additional funding. Tulley presented a survey seeking public comment. No Public Comments. Commission comments: Gibson praised survey questions that invite public participation. Motion to approve the survey made by Gibson, with Hazen second, passed 5-0-0.
B. Skate Park Project Steps: Rec Manager Clark presented report outlining the general steps to commence skate park site identification and process for construction. See Recreation Board Meeting Minutes
April 28, 2022
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agenda report. Public Comment: Emily Haselbauer supportive of skate park; Lisa Ciani questioned suitability of skate park in coastal zone; Carmelita Garcia also supportive of park project. Commission Comments: Hazen suggested possibility of PGUSD property as site location; Goldsmith supported residents seeking to raise private funds for construction; Gibson noted that the CIP project submitted by Rec Board to review/determine land use study would assist in determination of best loca- tion for skate park, pickleball, and dog park; further advocated for collective decision- making and community input as way to connect with young people using the skate park. Chair Tulley requested a formal legal interpretation of joint use agreement with PGUSD and update on the CIP projects submitted by the Rec Board. Tulley further noted process can be done in steps, with a subcommittee of 2 Rec Board members and interested members of the public. Amy Tomlinson advised that subcommittee would be advisory. Hazen made motion, with Goldsmith second, for an advisory sub- committee of Gibson and Hazen. Motion passed 5-0-0.
C. Pacific Grove Summer Lights Special Event Application: Rec Manager Clark presented review of process for special event approval by the City of Pacific Grove. Public Comment: Christine Gruber on behalf of Summer Lights stated that Feast of Lanterns event no longer exists and that new event supports leadership and scholarships for students, with 3 events including pet parade, street dance, and laser light show. Jack Wong on behalf of Chinese Association of Monterey Bay stated that event organizers have not dialogued or responded regarding new event. Chris Evans thinks event will heal and bring residents together; Donna O’Donnell supportive of event that honors everyone; Yong-Ling Beiman supports healing event; Michael Ipson remarked lack of understanding by FOL Board who did not reach out to Chinese Association; Carmelia Garcia not supportive; Lisa Ciani supports staff recommendations to not approve; Wendy Giles supportive of special event; Inge Lorentzen Daumer sees pros and cons; Randy Sabado urged commission to not approve event; Marabee Boone supports event PG CC 10/18/23
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as healing community with pet parade and beach event. Commission Comments:
Goldsmith noted that sentiment pretty evenly divided on Summer Lights Event and decision to decline approval might be for technicality of late special event submission.
Hazen added that there are pros/cons with technical reason for not approving; Smith noted that FOL is over and new event is pro-youth, with pet parade good for commu- nity; Tulley hopes that there will be event proposed for next fiscal year; Gibson asked if pet parade only could be approved for this summer. Rec Manager Clark stated that pet parade is possibility, noting the staging area of Caledonia Park requires that city council make an exception to muni code. Tomlinson said that city council can make muni code exceptions. Goldsmith moved that pet parade only, organized by Summer Lights organizers, be approved, with Tulley second, passed 3-1-1 (Gibson abstaining, Smith, no).
With further discussion, and City Manager Ben Harvey calling in on the meeting, added statement that pet parade is not huge fiscal impact to city and pet parade full cost recovery event. Motion revised to read that approval for pet parade conditioned on full cost recovery and Summer Lights organizers meeting with city staff, DEI, and stakeholders for discussion, per the Rec Board recommendations of the February meeting. This motion is recommendation to PG City Council to approve pet parade event and passed 5-0-0.
8. Next Meeting scheduled May 26, 2022.
Chair Tulley requested following two items for inclusion on meeting agenda:
Clarification of the Joint Use Agreement with PGUSD from city staff and update on the CIP projects submitted by the Rec Board.
Meeting adjourned at 8:32 pm.
Submitted by Colleen Goldsmith
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1. CALL TO ORDER – The meeting was called to order at 6:00 pm. on 5/26/2022 ROLL CALL – Jay Tulley, Chair; Charlie Gibson; Elliot Hazen; Colleen Goldsmith; Darryl Smith; also present: Public Works Director: Dan Gho; Recreation Manager: Katie Clark. Council Liaison:
Amy Tomlinson
2. Approval of Agenda: Approved 4-0-1 (E. Hazen logged on after vote)
3. Board and Staff Announcements: Chair Tulley commented on city council meeting in which large number of residents spoke in favor of skate park; Goldsmith noted that PG Pet Parade approval passed by city council. Rec Mngr Clark noted staff training for summer rec programs will commence with camp programs and swimming starting on June 6th.
4. Council Liaison Comments: Tomlinson advised that city budget meetings are ongoing; the Rec Board submitted funding requests of 1.4 million for CIP projects. At next council Meeting, the city should land on total CIP figure which could significantly increase from the $800k currently proposed.
5. General Public Comments: none
6. Approval of Minutes: March 24th minutes approved 4-0-1 (Hazen absent) with correction that Goldsmith not present; April 28th minutes approved 4-0-1 (Hazen absent) with one correction that Gibson in favor of motion on page 3 in April minutes.
7. Regular Agenda:
Skate Park Report: Gibson introduced report by sub-committee (Gibson, Hazen, Emily Haselbauer) noting that there is strong support by the public for a skate park in Pacific Grove. In April, the sub-committee met in Arnett Park regarding potential sites. Hazen continued presentation noting that next steps are to bring recommendation to city council. Haselbauer added that skate park a positive development for community but are expensive to construct and that WAVE Program would be partner for fundraising.
Public Comment: Kim Ly Bui, retired from City of Monterey, commented that in 2016, Monterey rehabbed their skate park with community input; also suggested that PG Recreation Board Meeting Minutes
May 26, 2022
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plan for programming of skate park activities to keep community interest and utili- zation rates high.
Commissioner Comments: Goldsmith inquired about the WAVE program and asked whether some potential skate park sites have been identified for city council; noted issues with pickleball courts in residential neighborhoods. Sub-committee Haselbauer responded that some locations have been identified. Gibson noted that skate park will require location with 10,000 square feet and accessibility; Hazen suggested that site for skate park not be included with recommendation to city council at this time; Gibson would like city council approval for funding to identify park sites; Smith noted that there is currently a huge skate community in PG; the WAVE program would be a successful non-profit entity for private fundraising and praised Haselbauer’s efforts.
Goldsmith asked about the Jt. Use Agreement with PGUSD; Tulley will provide an update on future board agenda; Gibson added that no city staff time nor expense to date on this proposed project; Tulley inquired whether city staff look at possible park sites.
Council Person Tomlinson summarized that Rec Board is asking for some funding to research possible PG skate park; also requesting staff time, city planners, council liaison and public outreach assistance. Too late to get skate park funding for 22/23 FY budget; offered assistance with agenda report for city council. Clark noted that there are mid-year budget adjustments.
Motion by Smith, seconded by Hazen, that Rec Board recommend to city council that funding be approved for a consultant to investigate possible construction of skate park in Pacific Grove, passed 5-0-0.
Next Rec Board Meeting is June 23, 2022: Chair Tulley spoke with PG City Mngr re Jt. Use Agreement with PGUSD and requested item be on June meeting agenda.
Meeting adjourned at 7 pm.
Submitted by: C. Goldsmith
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1. CALL TO ORDER – The meeting was called to order at 6:00 pm ROLL CALL – Chair: Jay Tulley, Charles Gibson, Colleen Goldsmith, Elliot Hazen. Also present:
Recreation Manager: Katie Clark; Council Person: Amy Tomlinson. Absent: Daryl Smith
2. Approval of Agenda: Approved 4-0-1
3. Board and Staff Announcements: Clark provided update summer camps: programs full with wait lists; ongoing staffing recruitment; stated goal to provide public swim sessions for July weekends
4. Council Liaison Comments: Amy Tomlinson updated regarding city budget with 50k allocated for rec projects and 151k toward PG skate park proposal. Chair Tulley commented regarding support of open space study
5. General Public Comments:
A. Written Communication: emails received from Lisa Ciani re possible skatepark location; Luke Coletti re Lovers Point as skatepark location; Jane Haines re construction of skate park being prioritized over affordable housing; Tess Kenny re skate park.
B. Oral Communication: none
6. Approval of Minutes: Approved 4-0-1
7. Regular Agenda:
A. Skate Park Report: Gibson presented skatepark subcommittee report (see agenda report) with emphasis on identification of best location. Utilizing the Skatepark Site Selection Criteria Scoring Sheet, city staff have survey to assess potential sites. With a projected cost of between 600 to 700K, there could be additional costs associated with building at an unimproved site (no utilities, infrastructure, amenities). Report includes overview of benefits to local community for families and residents. Process includes 9 steps associated with the administering of a CIP. Gibson would like to see city staff locate and identify suitable sites for skatepark. Public comments regarding the skate- park can be sent to [email protected] .
Recreation Board Meeting Minutes
June 23, 2023
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Public Comments: Thom Akeman regarding location of skatepark; Dan Miller re the history of past proposals for skateparks; suggested researching liability insurance and noted that location has been major objection in past by residents. Lisa Ciani noted that open space designations limit park locations; Tony Ciani supports park but cautioned site needs to be well situated.
Commission Comment: Goldsmith has requested information re liability insurance; Hazen supports evaluation of PGUSD sites; Gibson thanked public for comments and stated that staff and the rec board will proceed in a comprehensive, thorough manner.
Chair Tulley remarked that Arnett Park may have space to accommodate skatepark and has been a “neglected park” in the past; suggested that Caterpillar Park be considered; would like to see evidence from city residents and skatepark enthusiasts that adequate fundraising exists.
Deputy Director PW Joyce Halabi commented that PGUSD land is characterized as private property and city council direction is to evaluate city owned property only.
Chair Tulley noted the nuanced interpretation of the agreement between the city and PGUSD re city sponsored programs; also there could be access limitations to the park.
Halabi commented that PGUSD property could be assessed in preliminary steps and then go back to city council. Motion by Hazen, with second by Gibson, that city staff go forward with recommendations in subcommittee report to evaluation skatepark locations passed 4-0-1.
B. George Washington Park Survey: Chair Tulley presented survey results regarding the online survey for playground equipment from 58 participants. Suggested play structures were ranked with respondents preferring more natural appearance equipment over bright colorful structures.
Public Comment: none
Commission Comments: Hazen asked whether opportunities exist for increased access- ability; Chair Tulley questioned whether city must use MiraclePlay as vendor; Clark PG CC 10/18/23
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responded that Pacific Grove not required to use particular playground vendor; Gibson inquired about competitive bidding for RFP; also, whether colorful or natural in appearance, the equipment must conform to site and installation guidelines re safety; Goldsmith inquired about possible increased funding for equipment; Clark stated that PW Director Dan Gho has applied for grant for additional equipment funding; also will follow up with Gho re 2-5 year old ADA accessibility. Chair Tulley inquired about the ADA pathways from parking to playground; Hazen inquired if local companies could be hired for construction and installation; Gibson responded that playground manufacturers do the design, CAD work etc., so that local sources would double/triple the costs. Clark emphasized that equipment must be maintained and certified.
Motion by Chair Tulley, seconded by Hazen, that requested city staff to solicit play- ground suppliers for playground equipment proposals and costs for structures that are natural in appearance and suitable for 2-5 year age range. Motion passed 4-0-1 Next Meeting is scheduled for July 28th.
Meeting was adjourned at 7:35 pm.
Submitted by Colleen Goldsmith
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1. CALL TO ORDER – The meeting was called to order at 6:00 pm ROLL CALL –Charles Gibson, Colleen Goldsmith, Vice Chair Elliot Hazen. Also present:
Recreation Manager: Katie Clark; PW Director: Dan Gho. Absent: Daryl Smith, Jay Tulley
2. Approval of Agenda: Approved 3-0-2
3. Board and Staff Announcements: Director Gho stated that delay with backstop for GWP is due to efforts to secure grant from State of California; playground equipment delay is due to requirement to submit RFP; status of picnic tables: 19 ordered and boards are currently being stained with installation scheduled for August; a full report regarding PGUSD locations for skatepark will be provided in August.
Rec Manager Clark provided information regarding the pet parade schedule; rec summer program is ending; summer programs had waiting list of 30-40 kids; acknowledged and thanked summer staffers, lifeguards. Gibson thanked PW and rec staff on behalf of the Rec Board for successful resumption of summer rec program.
4. Council Liaison Comments: Mayor Bill Peake noted that Pacific Grove will have 2 cannabis measures on November ballot; also a measure to reduce council size from 7 to 5 members; major issue for the city is housing
5. General Public Comments:
A. Written Communication: Janet Cohen re amendments for special events policy; Nat Johnston re permits for Monarch Sanctuary; Douglas Fink re skatepark pump track B. Oral Communication: none
6. Approval of Minutes: Approved 3-0-2
7. Regular Agenda:
A. Recreation Board Park Inventory: PW Director Gho stated that $50,000 has been allocated for CIP projects (see agenda report)
Public Comments: none
Commissioner Comments: Hazen asked if repairs scheduled for Arnett Park would Recreation Board Meeting Minutes
July 28, 2022
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conflict with possible plans for skatepark. PW Gho stated that adding a drain by stairway will not be issue with skatepark; Gibson noted the drainage problem by stair- way where most of the water collects; vehicles are using DG path as driveway, which is problematic. PW Gho intends to divert water and add more drainage. Goldsmith thought projects listed were good; noted that Berwick and GWP ball field were inundated with gophers; would like to see working irrigation at El Marie Dyke Park; Gibson requested that DG at Hayward Park and playground bark items be deferred with money transferred to El Marie Dyke for tree trimming and planter box repair. Gibson approved of storm drain at Arnett, new picnic tables for Caledonia; new recycling cans at Lovers Pt. Hazen sup- ports prioritizing items; inquired when monies must be spent. PW Gho stated 6/30/23.
Gibson requested that PW look at needed work for El Marie Dyke. PW Gho stated that trimming trees and vegetation at El Marie Dyke can be absorbed under another budget.
Gibson agrees that CIP projects are the core priorities and likes idea of ordering picnic tables now; believes that El Marie Dyke will cost more with structure repair and irrigation.
Goldsmith supports immediate commencement of prioritized items; PW Gho will order picnic tables and get quotes for gazebo repair at El Marie Dyke for August board meeting.
Noted that Butterfly Days are first weekend in October and activities are scheduled at Chautauqua and the park. Motion made by Hazen to order picnic tables; secure estimates for El Marie Dyke gazebo repair and commence storm drain work at Arnett, with second by Goldsmith. Approved: 3-0-2
Next Meeting is scheduled for August 25th at 6 pm
Meeting was adjourned at 6:47 pm.
Submitted by Colleen Goldsmith
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Agenda No. 10 B
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Joe Amelio, Councilmember
MEETING DATE: October 18, 2023
SUBJECT: September 23, 2023 MST Board Meeting Minutes
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive Minutes
DISCUSSION
OPTIONS
FINANCIAL IMPACT:
GOAL ALIGNMENT: Not Applicable.
Attachments
9-23_MST_Minutes
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Agenda # 3-2
October 9, 2023 Meeting
MEETING OF THE MST BOARD OF DIRECTORS
MEETING MINUTES
September 11, 2023
10:00 am (Pacific)
Present: Mary Ann Carbone, Vice Chair City of Sand City Jeff Baron City of Carmel-by-the-Sea
Kim Shirley City of Del Rey Oaks
Lorraine Worthy City of Gonzales
Ariana Rodriguez City of Greenfield
Carlos DeLeon City of King
Liesbeth Visscher City of Marina
Ed Smith City of Monterey
Joe Amelio City of Pacific Grove
Tony Barrera City of Salinas
Dave Pacheco City of Seaside
Luis Alejo County of Monterey
Absent: Anna Velazquez, Chair City of Soledad
Counsel: Michael D. Laredo De Lay & Laredo
Staff: Carl Sedoryk General Manager/CEO
Lisa Rheinheimer Assistant General Manager
Michael Kohlman Chief Information Officer
Norman Tuitavuki Chief Operating Officer
Kelly Halcon Director of HR & Risk Management
Michelle Overmeyer Director of Planning and Innovation
Jeanette Alegar-Rocha Deputy Secretary/Clerk to the Board Andrea Williams Finance Manager
Claudia Valencia Mobility Specialist
Cristy Sugabo Mobility Manager
Daniel Bruno Scheduling Assistant
Dave Bielsker Transit Scheduler
Deanna Smith Civil Rights Officer
Elena Grigorichina Operations Specialist
Emma Patel Planning Manager
Ezequiel Rebollar IT Technician
Ikuyo Yoneda-Lopez Marketing & Communications Manager
Jacob Huggins IT Specialist
Jacqueline Munoz C/S Representative
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Kaleb Aquino-Lopez Mobility Specialist
Kelly Soriano Mobility Specialist
Kevin Allshouse Contract Services Manager
Matthew Deal Grants Analyst
Marzette Henderson Transportation Manager
Natalie Flores Assistant Planner
Pamela Aquino C/S Representative
Paul Lopez Facilities Manager
Ruben Gomez Mobility Coordinator
Scott Taylor IT Manager
Steven Bruno Purchasing Agent
Ursulla Scardina Marketing Assistant
Vince Dang Project Management Coordinator
Yohana Reyes Mobility Specialist
Public: Jasmine Mejia-Cortez Executive Assistant to Supervisor Luis Alejo
Chris Duymich AMBAG
Christopher Wilmot Member of the Public
Tate Baugh Member of the Public
1. CALL TO ORDER
1-1. Roll Call. (Jeanette Alegar-Rocha)
1-2. Pledge of Allegiance.
Vice Chair Carbone called the meeting to order at 10:07 a.m. Roll call was taken and a quorum was established. Director Pacheco led the pledge of allegiance.
1-3. Review Highlights of the agenda. (Carl Sedoryk)
Carl Sedoryk reviewed the highlights of the agenda.
2. PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA
There were no public comments.
3. CONSENT AGENDA
These items will be approved by a single motion. Anyone may request that an item be discussed and considered separately.
3-1. Adopt Resolution 2024-02 Recognizing Yohana Reyes, Mobility Specialist as Employee of the Month for August 2023. (Cristy Sugabo) (Page 9) 3-2. Adopt Resolution 2024-03 Recognizing Renaldo Hernandez as Employee of the Month for September 2023. (Marzette Henderson) (Page 11) PG CC 10/18/23
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3-3. Approve Minutes of the MST Board Meeting on July 10, 2023. (Jeanette Alegar-Rocha) (Page 13)
3-4. Receive Draft Minutes of the MST Board Administrative Performance Committee Meeting on July 10, 2023. (Jeanette Alegar-Rocha) (Page 19) 3-5a&b. Financial Reports – June & July 2023. (Lori Lee) (Pages 23 -40) a) Accept Report of June & July 2023 Cash Flow Presented in Attachment #1
b) Approve June & July 2023 Disbursements Listed in Attachment #2 c) Accept report of June & July 2023 Treasury Transactions Listed in Attachment #3
3-6. Receive Report on Lost and Found Items Left on MST Property for the Months of March 2023. (Beronica Carriedo) (Page 41)
3-7. Receive Minutes of the Mobility Advisory Committee Meeting on March 29, 2023. (Ruben Gomez) (Page 43)
3-8. Ratify a One-Year Contract Extension with Allied Universal for Security Foot and Mobile Patrol Services in an Amount Not to Exceed $288,154. (Norman Tuitavuki) (Page 47)
3-9. Authorize the General Manager/CEO to Enter into a Five-Year Contract with Cintas for Uniform and Linen Services for a Total Contract Amount Not to Exceed $1,082,500. (Steven Bruno) (Page 49)
3-10. Receive Minutes of the Measure Q Oversight Committee on April 17, 2023. (Jeanette Alegar-Rocha) (Page 51)
3-11. Receive Draft Minutes of the Measure Q Oversight Committee on August 21, 2023. (Jeanette-Rocha) (Page 55)
3-12. Approve Resolution 2024-04 Authorizing the General Manager/CEO to Execute Certifications and Assurances, Authorized Agent Forms and Implementation of Volkswagen (VW) Environmental Mitigation Trust Fund Projects. (Matthew Deal) (Page 59)
3-13. Approve Resolution 2024-05 Authorizing the General Manager/CEO to Execute a Master Agreement and Program Supplement for the Transit and Intercity Rail Capital Program (TIRCP). (Matthew Deal) (Page 63) 3-14. Receive Draft Minutes of the Mobility Advisory Committee Meeting on July 26, 2023. (Ruben Gomez) (Page 67)
End of Consent Agenda
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There were no public comments on the Consent Agenda.
On a motion by Director Barrera, seconded by Director Amelio, and carried by the following vote, the Board approved the consent agenda:
AYES: 12 Alejo, Amelio, Baron, Barrera, Carbone, DeLeon, Pacheco, Rodriguez, Shirley, Smith, Worthy, and
Visscher
NOES: 0
ABSENT: 1 Velazquez
ABSTAIN: 0
RECUSE: 0
4. RECOGNITIONS AND SPECIAL PRESENTATIONS
4-1. August 2023 Employee of the Month – Yohana Reyes, Mobility Specialist. (Cristy Sugabo)
The MST Board recognized Yohana Reyes, Mobility Specialist, as the August 2023 Employee of the Month for her outstanding contribution to MST and to the entire community.
4-2. September 2023 Employee of the Month – Renaldo Hernandez, Coach Operator. (Marzette Henderson)
The MST Board recognized Renaldo Hernandez, Coach Operator, as the September 2023 Employee of the Month for his outstanding contribution to MST and to the entire community.
5. PUBLIC HEARINGS
None
Luis Alejo joined the meeting at 10:40 a.m.
6. ACTION ITEMS
6-1. Receive Presentation on Results of the MST Rider and Non-Rider Survey. (Ikuyo-Yoneda Lopez) (Page 71)
Ikuyo-Yoneda Lopez presented results of the MST Rider and Non-Rider Survey.
There were no public comments on Action Item 6-1.
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Case No. 21CV002192). (Carl Sedoryk) (Page 111)
Mr. Sedoryk reported to the Board that all legal action against MST on the SURF! project is now closed.
There were no public comments on Action Item 6-2.
Mike LeBarre joined the meeting at 11:15 a.m.
6-3. Authorize the General Manager/CEO to Execute a Memorandum of Understanding (MOU) with Santa Clara Valley Transportation Authority (VTA) for Line 59 Salinas-Gilroy for a Two-year Partnership in the Amount of $128,750. (Michelle Overmeyer) (Page 113)
Christopher Wilmot, member of the public and Monterey Peninsula College student, commented on fixed routes from the Monterey Peninsula to catch the new Line 59. MST staff made note of Mr. Wilmot’s comments.
On a motion by Director Barrera, seconded by Director Pacheco, and carried by the following vote, the Board approved Action Item 6-3:
AYES: 12 Alejo, Amelio, Baron, Barrera, Carbone, LeBarre, Pacheco, Rodriguez, Shirley, Smith, Worthy, and
Visscher
NOES: 0
ABSENT: 1 Velazquez
ABSTAIN: 0
RECUSE: 0
7. REPORTS & INFORMATION ITEMS
The Board will receive and file these reports, which do not require action by the Board. 7-1. General Manager/CEO Monthly Report – June 2023 and New MST Monthly Report – July 2023 (Page 115)
• TAMC Funding Award for MST Bus Stops
7-2. Federal Legislative Advocacy Report (Page 249)
7-3. State Legislative Advocacy Updates (Page 251 & 255) 7-4. Staff Trip Reports – (Pages 259-273)
7-5. Correspondence – (Pages 275 & 277)
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8. BOARD REPORTS, COMMENTS, AND REFERRALS
8-1. Reports on Meetings Attended by Board Members at MST Expense. (AB 1234)
8-2. Board Member Comments and Announcements.
8-3. Board Member Referrals for Future Agendas.
8-4. Receive Highlights of the Monterey Regional Taxi Authority (RTA) Board Meeting on June 26, 2023. (Jeanette AlegarRocha) (Page 279)
9. ATTACHMENTS
9-1. The Detailed Monthly Performance Statistics and Disbursement Journal for June and July 2023 can be viewed online within the GM Report at http://mst.org/about-mst/board-of-directors/board-meetings/
10. CLOSED SESSION
There were no public comments on closed session items 10-1 through 10-3. 10-1. Conference with real property negotiator pursuant to Government Code Section 54956.8 (No Enclosure)
Property: Parcel L.2.4.3.1 and Parcel L.2.4.3.2, Southwest Corner 7th and Colonel Durham former Fort Ord, City of Seaside
Negotiating parties: Monterey-Salinas Transit (MST) District (Carl G.
Sedoryk)
Property owner: Monterey-Salinas Transit
Interested party: City of Seaside
Under negotiation: Transfer of property to Seaside, Terms and Price Michael Laredo, MST General Counsel, reported that the Board met and provided direction to MST staff to continue its fact-finding mission and to bring the item back to Closed Session for further discussion. 10-2. Review Incentive Pool for MSTEA and Confidential Unit and Provide Direction. (Carl Sedoryk) (Enclosure)
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Michael Laredo, MST General Counsel, reported that the Board met and provided general direction; this item will return in open session for action at its next meeting.
10-3. Review General Manager/CEO Performance Evaluation Gov. Code § 54957. (Anna Velazquez) Conference With Labor Negotiators (§54957.6) Agency Designated Representatives: (Michael Laredo) (No Enclosure) Item 10-3 was postponed to the October 9, 2023 closed session agenda.
11. ADJOURN
With no further business to discuss, Vice Chair Carbone adjourned the meeting with a moment of silence in memory of the late Monterey County Supervisor, Lou Calcagno at 12:24 p.m. (Pacific).
Prepared by:___________________ Reviewed by:____________________ Jeanette Alegar-Rocha Carl G. Sedoryk
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Agenda No. 11 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Joseph Sidor, Contract Senior Planner
MEETING DATE: October 18, 2023
SUBJECT: 6th Cycle Draft Housing Element
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
1. Staff recommends the City Council consider the consultant presentation and Planning Commission recommendations, ask any pertinent questions, and provide input on the 6th Cycle Draft Housing Element;
2. Hear public comment on the 6th Cycle Draft Housing Element and provide direction to staff to transmit the Draft Housing Element to California Department of Housing and Community Development; or
3. Alternatively, discuss and take other action related to this item.
DISCUSSION
On October 5, 2023, the Planning Commission voted unanimously to recommend the removal of the NOAA building site, at 1352 Lighthouse Ave. The Commission also voted 5 - 2 to recommend the removal of the reference to Project Homekey in the Review of Past Accomplishments section of the 6th Cycle Draft Housing Element (DHE). The Commission ended the meeting in agreement to continue this item during the next regularly scheduled Planning Commission meeting on October 12, 2023. The DHE is scheduled to be heard at the City Council’s October 18, 2023 meeting as notice of the hearing has occurred and it is the desire of the City Council to hear the DHE as scheduled.
Additional Planning Commissioners' recommendations and comments stemming from the October 12, 2023 Planning Commission Meeting, including comments from the commissioners and public received after the October 5, 2023 meeting, will be noted in an Errata Sheet that will be prepared by staff and released prior to the October 18, 2023, City Council meeting.
During the public hearing at the October 5, 2023, Planning Commission meeting, public comment was received and will be incorporated in a comprehensive appendix which will include public comment received by the City either verbally, during the public hearing or in writing during the 30-day public review period. The public comment appendix will be included in the 6th Cycle Draft Housing Element transmitted for initial review to the California Department of Housing and Community Development (HCD) in November, upon City Council's direction following the October 18, 2023, public hearing at City Council.
BACKGROUND
A Housing Element is an opportunity for the community to establish goals, policies, and programs to address local housing needs. Each California city and county must adopt a Housing Element to plan for the housing needs of the community at all economic levels, including lower-income households and PG CC 10/18/23
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households with special needs. The Housing Element addresses a range of housing issues such as affordability, housing types, density, and location, and establishes goals, policies, and programs to address existing and projected housing needs. The Housing Element must be internally consistent with other parts of the General Plan and is critical to having a legally adequate General Plan. The Housing Element is one of seven required elements of the City’s General Plan, which serves as the blueprint for how the City will grow and address changing needs for development.
The City of Pacific Grove's 6th Cycle Public Review Draft Housing Element was presented for consideration at the October 5, 2023 and the October 12, 2023 Planning Commission meetings. This staff report represents information that was presented at those meetings. The Housing Element is a critical component of the City's planning process, and this document reflects the latest efforts in meeting the state's housing requirements and ensuring the sustainability and affordability of housing within the community during the next 8 years, spanning 2023 – 2031 as per this 6th Cycle period.
At the March 22, 2023, City Council meeting, the Council approved the Housing Element Contract with Rincon Consultants, Inc. On May 15, 2023, Staff convened the Housing Element Advisory Group to introduce the new Rincon consultant team and discuss the next steps for the Housing Element. The May 15, 2023, convening of the Housing Element Advisory Group included members of the public, Planning Commission, and City Council and representatives from HCD. Beginning July 13, 2023, Staff and consultants provided monthly updates to the Planning Commission on the progress of the Housing Element per the scope of Rincon’s contract. Rincon prepared the draft Housing Element, which was released for public review on September 15, 2023, by posting it to the City’s website (see discussion below on public notice and outreach).
The 30-day public review process required pursuant to Government Code Section 65585(b) began on Monday, September 18, 2023, and ends Tuesday, October 17, 2023. Availability of the public review draft Housing Element and the public hearings scheduled for the Planning Commission on October 5, 2023, and the City Council on October 18, 2023, were all noticed in accordance with state law and the City’s noticing requirements. If any comments are received during the 30-day public comment period, the City is required to take at least 10 business days to consider and incorporate public comments into the draft Housing Element before submitting it to HCD. The 6th Cycle Draft Housing Element is currently on schedule as set forth in Rincon’s timeline for submittal to HCD for its initial 90-day review in November 2023.
Overview of the 6th Cycle Housing Element Process
The 6th Cycle of the Housing Element process brings several noteworthy changes and challenges compared to previous cycles. The most significant change is the substantial increase in the Regional Housing Needs Allocation (RHNA) for Pacific Grove. The City is now tasked with accommodating 1,125 residential units by 2031, marking an 878% increase from the previous cycle RHNA of 115 units.
To address this significant RHNA increase, the City has identified the need for a focused update to additional elements of the General Plan, specifically targeting the Land Use, Safety, and Transportation Elements. This update is crucial to address the impacts of the additional residential units on essential services, transportation, and community character.
Furthermore, the City must: complete rezoning efforts to provide capacity to accommodate the City’s RHNA; re-zone sites identified to accommodate lower income RHNA that were included in prior housing elements to allow residential use by right (generally at the default density of 20 dwelling units per acre) for projects that include 20% of the units as affordable to lower income households; and establish Objective Design and Development Standards (ODDS). The statutory deadline for the City to adopt the updated Housing Element is December 15, 2023.[1] There is what has been referred to as a “grace period” of 120 days from December 15, 2023, that is until April 13, 2024, to have the housing element found to be in substantial compliance with Housing Element Law (“certified”) by HCD. If the City’s Housing Element is certified by HCD within the grace period, the City has 3 years from the earlier of: 1) the date of adoption of the Housing Element by the City; or 2) the date that is 90 days after receipt of comments from HCD to complete the necessary rezonings.[2] If the City’s Housing Element is not certified by HCD within the grace period the City will have 1 year from the statutory adoption deadline, that is until December 15, 2024, to complete the rezonings required under the Housing Element.
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The Housing Element will go to the City Council on October 18, 2023, for public hearing and upon City Council review and direction, Staff will transmit the draft document including an appendix detailing the public comment received during the 30-day public review period to HCD for its initial 90-day review process, as required by state regulations. Once HCD has completed their preliminary 90-day review process, it will report its findings to the City. Following HCD’s initial review, if the City makes revisions to the Housing Element the changes have to be posted to the City’s website for seven days and a link sent to individuals and organizations that have requested notices related to the City’s Housing Element. HCD has 60 days to review subsequent drafts of the Housing Element.
It is important to note that throughout the 6th Cycle Housing Element process, the draft plan was informed by the community through extensive and ongoing community engagement as early as Spring of 2020. Community engagement efforts related to the 6th Cycle Housing Element were informed by the Welcome Home Housing Initiative in Spring of 2020. However, the City officially began conducting an extensive community outreach campaign for the 6th Cycle Housing Element Update in Spring of 2022 and continues to provide information online and in physical posting locations when relevant. The City’s 6th Cycle Housing Element outreach campaign included the following:
Conducted a series of stakeholder interviews that included: fair housing providers, community organizations, affordable housing developers, and other members of the Pacific Grove community, held July through December of 2022.
Hosted four in-person and virtual community workshops between May 2022 and October 2022.
The community workshops introduced the Housing Element update to the community and generated feedback on strategies for encouraging affordable housing development in the city.
Conducted a Housing Needs Survey to gather further input from the community on housing issues in Pacific Grove.
Conducted additional outreach events, including pop-ups at Farmers Markets and community events and door-to-door outreach, to garner additional feedback from the public.
Provided additional information in local newspapers, on the City’s website, on the City’s social media, in the City Manager’s Newsletter, and posting on the City’s bulletin boards and at the Library’s Community Center.
Developed and launched the Balancing Act Tool which included two virtual workshops and a presentation to the Housing Element Advisory Group.
Core Components of the 6th Cycle Draft Housing Element
Introduction
The introduction outlines the purpose of Pacific Grove's 6th Cycle Housing Element, spanning from 2023 to 2031, emphasizing its role in addressing housing needs, aligning with the General Plan update, and ensuring compliance with state regulations.
Chapter 1 – Housing Needs and Constraints Assessment
The Housing Needs Assessment analyzes demographic and housing characteristics, identifies special housing needs among specific population groups, evaluates housing conditions, and provides other important information.
Chapter 2 – Housing Resources
This chapter documents the methodology and results of the Housing Site Inventory Analysis conducted to demonstrate the City of Pacific Grove’s ability to satisfy its share of the region’s future housing need.
This chapter details infrastructure, services, and financial and administrative resources that are available for the development, rehabilitation, and preservation of housing in the City of Pacific Grove.
Chapter 3 – Housing Action Plan
This Housing Plan responds to the housing needs identified in the Housing Needs Assessment in Chapter 1 and addresses the constraints to housing development and preservation. In addition, the Housing Plan responds to outreach and findings from the fair housing analysis included in Appendix B. Actions outlined in this Housing Plan are the City’s commitment to furthering equal access to housing opportunities for all residents during the 2023-2031 planning period.
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Appendix A – Compiled Sites Inventory
Appendix A includes a comprehensive table compiling the full 6th Cycle Housing Element Sites Inventory.
Appendix B – Affirmatively Furthering Fair Housing (AFFH) Analysis * California Government Code Section 8899.50 mandates local agencies to affirmatively further fair housing (AFFH) by proactively addressing issues beyond discrimination, including segregation patterns and barriers to opportunity based on protected characteristics. This requires conducting a fair housing assessment that involves summarizing local fair housing challenges, evaluating enforcement and outreach capabilities, analyzing relevant data to identify patterns of segregation and concentrated areas of affluence and poverty, assessing contributing factors to these issues, establishing fair housing priorities and goals, and formulating strategies, such as improving mobility, affordable housing development, and community revitalization to achieve these objectives.
Appendix C – Review of Past Accomplishments
This section provides a table of the programs in Pacific Grove’s 2015 – 2023 5th Cycle Housing Element, with a summary of key outcomes achieved and, where applicable, lessons learned that have informed the structure and focus of the draft 2023 – 2031 Housing Element.
Appendix D – Public Engagement and Input Summary **
This appendix summarizes the multi-year engagement effort for the Housing Element Update.
Engagement included stakeholder interviews, outreach at a variety of local events and markets, online surveys, door-to-door knocking, public workshops, and a Housing Element Advisory Group.
Attachments
Attachment 1 - Pacific Grove Strategy Document – June 2021 (Welcome Home Strategy) ** At the end of May, the Public Draft of the Welcome Home Affordable Housing Initiative Strategy Document was released with a companion Background Data Summary report. The strategy document is a planning and action initiative to create more diverse and affordable housing options that can help secure Pacific Grove’s social, physical, and economic well-being now and into the future.
Attachment 2 - Survey Summary **
The City of Pacific Grove Housing Division published a Housing Needs Survey to inform the 6th Cycle Draft Housing Element based on the community’s response.
Attachment 3 - Balancing Act Summary**
The Balancing Act Summary is a summary of the balancing act tool, the process implemented to engage the community and solicit feedback, and the results of the data collected. The City of Pacific Grove used the Balancing Act to create an interactive housing simulation tool for Pacific Grove community members to engage online beginning in October 2022 through the end of November 2022. *Components that are new to the 6th Cycle Housing Element. **Information previously shared with the public and incorporated into the DHE.
Regulations and Procedures During the 30-Day Public Review Process Before transmitting the Housing Element to state HCD for their 90-day initial review process, the City must adhere to a 30-day public review process. During this period, members of the public, stakeholders, and other interested parties will have the opportunity to provide feedback on the Housing Element.
The 30-day public review process includes the following key steps:
1. Public Notice: The City issued public notice of the availability of the public review draft, the 30-day public review period, the October 5, 2023, public hearing at Planning Commission, and the October 18, 2023, public hearing at City Council a minimum of 15 days in advance, if not longer, to inform the public through various channels including its website, local newspapers, local bulletin boards and community centers, and social media platforms. A general overview of the legal noticing dates and locations is PG CC 10/18/23
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centers, and social media platforms. A general overview of the legal noticing dates and locations is detailed below.
· September 14, 2023: Legal Notice of the 30-day Public Review Period of the 6th Cycle Draft Housing Element and public hearing at City Council was published in the Monterey Herald. 35 days advance notice
September 15, 2023: Legal Notice of the 30-day Public Review Period of the 6th Cycle Draft Housing Element and public hearing at the October 18, 2023, City Council was published in the Monterey County Weekly and Carmel Pinecone.
34 days advance notice
September 21, 2023: Legal Notice of public hearing at the October 5, 2023, Planning Commission was published in the Monterey County Weekly.
15 days advance notice
2. Public Meetings: Two public meetings (Planning Commission on October 5, 2023, and City Council on October 18, 2023) have been noticed to allow for presentations, discussions, and public input on the Housing Element. These meetings will provide a platform for residents and stakeholders to express their views and concerns.
3. Document Accessibility: The Public Review Draft Housing Element has been made accessible to the public online beginning September 15, 2023, and physically beginning September 18, 2023, through hard copies posted at the City’s Community Development Department, Finance Department, City Manager’s Office and at the Public Library. A digital PDF is posted on the City Website’s landing page and the Housing Element page and was emailed to members of the City Council and Planning and the Housing Element page and was emailed to members of the City Council and Planning Commission, City Staff, subscribers to the City Manager’s Newsletter and Housing Updates Newsletter, and to individuals who have participated in the Housing Element Advisory Group or who had directly requested an emailed document from the Housing Division once available.
4. Written Comments: The City is accepting written comments from the public during the 30-day review period, allowing sufficient time for residents to provide feedback. Written comment may be emailed to [email protected], mailed to the Housing Division, or submitted to the City in-line with Planning Commission and City Council protocols and deadlines per the two public hearings in October.
5. Consideration of Public Input: All feedback received during the 30-day review process will be carefully considered and included in its own appendix in the draft housing element submission to HCD.
Appropriate revisions will be made to the Housing Element as needed.
Timeline/Next Steps
September 2023: Release Draft Housing Element Update for 30-day Public Review.
Oct/Nov 2023: Planning Commission and City Council Study Sessions.
Nov-Feb 2024: Submit Draft to state HCD for initial 90-day review.
February 2024: Revise the draft based on state HCD’s comments.
April 2024: Hold public hearings with the Planning Commission and City Council to consider the revised Element for adoption.
May 2024: Submit Adopted Draft to state HCD for follow-up 60-day review and certification.
Conclusion
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critical document that outlines the City's commitment to addressing housing needs and complying with state mandates over the next 8 years spanning 2023 - 2031. As Staff and consultants move forward with this process, it is important that the public weigh in on the draft document. Under the current timeline, it is worth noting that the adoption phase is anticipated to take place in May 2024. This comes after a potential second round of revisions, following the City’s receipt of feedback from HCD after its 90-day initial review process.
[1] Government Code Section 65583.
[2] Government Code Section 65583(c)(1)(A)
OPTIONS
Hear public comment on the 6th Cycle Draft Housing Element and provide direction to staff to transmit the DHE to HCD; or
1. 2. Alternatively, discuss and take other action related to this item.
FINANCIAL IMPACT:
This is a draft planning document. There is no financial impact.
FOCUSED PRIORITY AREA: Affordable Housing
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